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Home My WebLink About2026/01/06 Post Agenda Packet Date:Tuesday, January 6, 2026, 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. Electronic Public Comments: At chulavistaca.gov/councilmeetings, locate the meeting and click the comment 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 the day of the meeting at noon for a regular meeting or three hours before the start time for a special 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 Americans with 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 Regulations: To promote transparency and fairness in the governmental decision-making process, there are rules to prevent public officials from being unfairly influenced by contributors to their campaigns. The type of activity these laws were enacted to limit is often referred to as “pay-to-play,” and is governed in California by Government Code section 84308. Parties to any proceedings involving a “license, permit, or other entitlement for use,” as that term is defined in the Political Reform Act, pending before the City Council must disclose any campaign contribution over $500 (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 Regulations Apply: Yes" on this agenda indicates that the item is subject to these regulations. PUBLIC PARTICIPATION Complete Agenda Packet: The 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 additional speakers are 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 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 Comments 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 specified on the agenda. Closed session may be held 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. Pages City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 2 of 235 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 Recognition of the 2025 Human Relations Commission Award Recipients:10 Kensignton Duran-Almodovar, Lucia Napolez, Let's Go South Bay, and Edilberto Samala 4.2 Awards Presentation by Mayor John McCann on the 2025 Starlight Parade Celebration 5.CONSENT CALENDAR (Items 5.1 through 5.7) Consent calendar items are considered together and acted upon by one motion. There is no separate discussion of these items unless the Mayor or a City Councilmember removes the item from the consent calendar. Items removed from the consent calendar will be heard as action items. RECOMMENDED ACTION: City Council approve the recommended action on the below consent calendar items. 5.1 Approve Meeting Minutes 11 RECOMMENDED ACTION: Approve the minutes dated: November 18, December 2, and December 16, 2025 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 Equipment Purchase: Authorize the Purchase of GapVax Trucks from Plumbers Depot, Inc. in Accordance with Product Pricing in Sourcewell Contract Number 101221-GPV and Appropriate Funds 37 Report Number: 25-0293 Location: No specific geographic location Department: Public Works G.C. § 84308 Regulations Apply: 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 a resolution authorizing the purchase of three (3) GapVax Trucks from Plumbers Depot, Inc, and appropriate funds in the amount of $1,750,000. (4/5 Vote Required) City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 3 of 235 5.4 Amendment: Approve A Second Amendment to the Legal Services Agreement with Stradling Yocca Carlson & Rauth, LLP 80 Report Number: 26-0028 Location: No specific geographic location Department: City Attorney G.C. § 84308 Regulations Apply: Yes Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving an amendment to Legal Services Agreement ("LSA") with Stradling Yocca Carlson & Rauth, LLP to increase the not-to-exceed amount from $40,000 to $140,000 and to extend the LSA to February 23, 2027. 5.5 Agreement Amendment: Approve CalVIP Grant Program Agreement Amendments with SBCS and San Diego Association of Governments 85 Report Number: 26-0012 Location: No specific geographic location Department: Police G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving amendments to agreements with SBCS Corporation and San Diego Association of Governments for the California Violence Intervention and Prevention Grant Program. City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 4 of 235 5.6 City Election: Call an Election on June 2, 2026, to Conduct a Primary Election for Mayor, City Councilmembers for Districts 1 and 2, and City Attorney, and Adopt Regulations for Candidate Statements 134 Report Number: 26-0015 Location: No specific geographic location Department: City Clerk G.C. § 84308 Regulations Apply: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt resolutions: Calling an election on June 2, 2026, for the purposes of conducting a primary municipal election for Mayor, two City Councilmembers, representing Districts 1 and 2, and City Attorney, consolidating the election with the statewide election, and requesting the County of San Diego Board of Supervisors to permit the Registrar of Voters to perform certain services for the conduct of the election; and A. Adopting regulations for candidate statements of qualifications.B. 5.7 Agreement Extension: Approve an Amendment to Extend the Alternative Dispute Resolution Agreement Between the City and the Chula Vista Police Officer’s Association 142 Report Number: 26-0026 Location: No specific geographic location Department: Human Resources G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving an amendment to extend the Alternative Dispute Resolution Agreement between the City of Chula Vista and the Chula Vista Police Officer’s Association for an additional year. City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 5 of 235 6.PUBLIC COMMENTS 155 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 7.1 Housing Grant Funds: Federal Block Grant Programs Funding Priorities for Fiscal Year 2026/27 179 Report Number: 26-0003 Location: No specific geographic location Department: Housing and Homeless Services G.C. § 84308 Regulations Apply: No Environmental Notice: The proposed 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. Under the National Environmental Policy Act (“NEPA”) the activity is exempt pursuant to Title 24, Part 58.34(a)(2)-(3) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing & Urban Development Environmental Guidelines. RECOMMENDED ACTION: Conduct the public hearing and accept the report. 8.ACTION ITEMS 8.1 Consider Items Removed From the Consent Calendar, if Any Consider items removed from the consent calendar by the Mayor or a City Councilmember, if any. If no items were removed from the consent calendar, this item will be withdrawn. 8.2 Agreement: Approve a Master Services and Purchasing Agreement with Axon Enterprise, Inc. (“Axon”) to Purchase Axon’s Fusus Software Solution for the Police Department’s Real Time Crime Center 190 Report Number: 25-0299 Location: No specific geographic location Department: Police G.C. § 84308 Regulations Apply: 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. City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 6 of 235 RECOMMENDED ACTION: Adopt resolutions: A) Approving a Master Services and Purchasing Agreement from Axon Enterprise, Inc. to purchase Axon’s Fusus software solution (“Fusus”) and approving use policy for Real Time Crime Center technology; and B) Approving Amendment with Motorola Solutions, Inc. to extend term of Original Agreement. 9.PUBLIC COMMENTS (CONTINUED) There will be no continued Public Comment period if all speakers present at the first Public Comment period are heard. 10.CITY MANAGER’S REPORTS 11.MAYOR’S REPORTS 11.1 Annual Appointment of City Councilmembers to Outside Agencies 2026 235 • Chula Vista Bayfront Facilities Financing Authority Board of Directors – Member • Chula Vista Bayfront Facilities Financing Authority Board of Directors – Member • Chula Vista University Subcommittee – Member (internal subcommittee of the Council) • Chula Vista University Subcommittee – Member (internal subcommittee of the Council) • Chula Vista Veterans Home Support Foundation – Alternate • Chula Vista Veterans Home Support Foundation – Member • Interagency Water Task Force – Member • Interagency Water Task Force – Member • International Council for Local Environmental Initiatives (ICLEI) – Alternate • International Council for Local Environmental Initiatives (ICLEI) – Member • League of California Cities San Diego Division – Alternate • League of California Cities San Diego Division – Member • Metropolitan Transit System Board of Directors (MTS) – 2nd Member (City Councilmember) • Metropolitan Transit System Board of Directors (MTS) – Alternate • Metropolitan Transit System Board of Directors (MTS) – Member (Mayor) • Metropolitan Wastewater Commission (Metro) – Alternate • Metropolitan Wastewater Commission (Metro) – Member • Otay Ranch Preserve Owner Manager (POM) Policy Committee – Alternate • Otay Ranch Preserve Owner Manager (POM) Policy Committee – Member • Otay Valley Regional Park (OVRP) Policy Committee – Alternate • Otay Valley Regional Park (OVRP) Policy Committee – Member • San Diego Association of Governments (SANDAG) Bayshore Bikeway Task Force - Alternate • San Diego Association of Governments (SANDAG) Bayshore Bikeway Task Force - Member City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 7 of 235 • San Diego Association of Governments (SANDAG) Board of Directors – 1st Alternate • San Diego Association of Governments (SANDAG) Board of Directors – 2nd Alternate • San Diego Association of Governments (SANDAG) Board of Directors – Member • San Diego Association of Governments (SANDAG) Shoreline Preservation Working Group - Alternate • San Diego Association of Governments (SANDAG) Shoreline Preservation Working Group - Member • San Diego Community Power Authority – Alternate • San Diego Community Power Authority – Member • South County Economic Development Council (EDC) - Alternate • South County Economic Development Council (EDC) – Member • University Project Task Force with Southwestern College - Member • University Project Task Force with Southwestern College – Member 11.2 Appointment of Deputy Mayor for 2026 12.COUNCILMEMBERS’ REPORTS 13.CITY CLERK'S REPORTS 14.CITY ATTORNEY'S REPORTS 15.CLOSED SESSION Announcements of actions taken in closed session shall be made available by noon on the next business day following the City Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7) 15.1 Public Employee Appointment Pursuant to Government Code Section 54957(b) Title: Director of Information Technology Services 15.2 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Name of case: 1) Zaiden Grijalva v. City of Chula Vista, San Diego Superior Court Case No. 25CU043571C 2) City of Chula Vista v. Slade Fischer, et al., San Diego Superior Court, Case No. 24CU006375C City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 8 of 235 16.ADJOURNMENT to the regular City Council meeting on January 20, 2026, 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 January 6, 2026 Post City Council Agenda Page 9 of 235 Learn more about the2025 HRC Award Recipients by scanning QR Code! Page 10 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda City of Chula Vista Regular City Council Meeting MINUTES Date: Location: November 18, 2025, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Deputy Mayor Chavez, Councilmember Fernandez, Councilmember Inzunza, Councilmember Preciado, Mayor McCann Also Present: City Manager Allen, 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. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Councilmember Inzunza. 4. SPECIAL ORDERS OF THE DAY 4.1 Oath of Office: Housing and Homelessness Advisory Commission - Bogdan Matuszynski City Clerk Bigelow administered the oath of office. 4.2 Presentation of a Proclamation in Recognition of Deputy City Manager/Director of Public Works Matthew Little Upon His Retirement After Over 25 Years of Dedicated Public Service The proclamation was presented. 4.3 Presentation of a Proclamation Proclaiming Jeff Bettger Day in the City of Chula Vista The proclamation was presented. 4.4 Presentation of a Proclamation Proclaiming November 2025 as Native American Heritage Month in the City of Chula Vista The proclamation was presented. Page 11 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-11-18 Regular City Council Meeting Minutes Page 2 5. CONSENT CALENDAR (Items 5.1 through 5.7) Darrel Jett spoke in opposition to Item 5.3, and regarding emergency fire evacuation plans at Rohr Park. John Acosta, a Chula Vista resident, spoke regarding various items on the Consent Calendar. Robert spoke in support of Item 5.4. Moved by Councilmember Fernandez Seconded by Councilmember Inzunza To approve the recommended actions appearing below consent calendar Items 5.1 through 5.7. The headings were read, text waived. The motion was carried by the following vote: Result, Carried (5 to 0) 5.1 Approve Meeting Minutes Approve the minutes dated: November 4, 2025. 5.2 Waive Reading of Text of Resolutions and Ordinances Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.3 Building and Fire Codes: Adopt Various 2025 California Building and Fire Codes Adopt the following ordinances: A) Chula Vista Municipal Code Chapters 15.06 (Administrative Provisions for the Technical Building Codes), B) 15.08 (Building Code), C) 15.09 (Residential Code), D) 15.10 (Referenced Standards Code), E) 15.12 (Green Building Standards), F) 15.14 (Existing Building Code), G) 15.16 (Mechanical Code), H) 15.24 (Electrical Code and Regulations), I) 15.26 (Energy Code), J) 15.28 (Plumbing Code), K) 15.36 (Fire Code), L) 15.38 (Wildland Urban Interface Code), and M) 15.62 (Energy Benchmarking and Conservation Requirements for Multifamily and Commercial Building s). (Second Readings and Adoptions) Item 5.3 headings: A) ORDINANCE NO. 3603 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.06 OF THE CHULA VISTA MUNICIPAL CODE, ADMINISTRATIVE PROVISIONS FOR THE TECHNICAL BUILDING CODES (SECOND READING AND ADOPTION) B) ORDINANCE NO. 3604 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.08 OF THE CHULA VISTA MUNICIPAL CODE, BUILDING CODE, ADOPTING THE CALIFORNIA BUILDING CODE, 2025 EDITION AND LOCAL AMENDMENTS THERETO (SECOND READING AND ADOPTION) Page 12 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-11-18 Regular City Council Meeting Minutes Page 3 C) ORDINANCE NO. 3605 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.09 OF THE CHULA VISTA MUNICIPAL CODE, RESIDENTIAL CODE, ADOPTING THE CALIFORNIA RESIDENTIAL CODE, 2025 EDITION (SECOND READING AND ADOPTION) D) ORDINANCE NO. 3606 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.10 OF THE CHULA VISTA MUNICIPAL CODE, REFERENCED STANDARDS CODE, ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE, 2025 EDITION (SECOND READING AND ADOPTION) E) ORDINANCE NO. 3607 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.12 OF THE CHULA VISTA MUNICIPAL CODE, GREEN BUILDING STANDARDS, ADOPTING THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2025 EDITION AND LOCAL AMENDMENTS THERETO (SECOND READING AND ADOPTION) F) ORDINANCE NO. 3608 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.14 OF THE CHULA VISTA MUNICIPAL CODE, EXISTING BUILDING CODE, ADOPTING THE CALIFORNIA EXISTING BUILDING CODE, 2025 EDITION (SECOND READING AND ADOPTION) G) ORDINANCE NO. 3609 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.16 OF THE CHULA VISTA MUNICIPAL CODE, MECHANICAL CODE, ADOPTING THE CALIFORNIA MECHANICAL CODE, 2025 EDITION (SECOND READING AND ADOPTION) H) ORDINANCE NO. 3610 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE, ELECTRICAL CODE AND REGULATIONS, ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2025 EDITION AND LOCAL AMENDMENTS THERETO (SECOND READING AND ADOPTION) I) ORDINANCE NO. 3611 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE, ENERGY CODE, ADOPTING THE CALIFORNIA ENERGY CODE, 2025 EDITION AND LOCAL AMENDMENTS THERETO (SECOND READING AND ADOPTION) J) ORDINANCE NO. 3612 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE, PLUMBING CODE, ADOPTING THE CALIFORNIA PLUMBING CODE, 2025 EDITION AND LOCAL AMENDMENTS THERETO SECOND READING AND ADOPTION) K) ORDINANCE NO. 3613 OF THE CITY OF CHULA VISTA REPEALING EXISTING CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 15.36, FIRE CODE, OF THE CHULA VISTA MUNICIPAL CODE INCORPORATING THE 2025 CALIFORNIA FIRE CODE AND LOCAL AMENDMENTS THERETO (SECOND READING AND ADOPTION) L) ORDINANCE NO. 3614 OF THE CITY OF CHULA VISTA REPEALING EXISTING CHAPTER 15.38 OF THE CHULA VISTA MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 15.38, WILDLAND-URBAN INTERFACE CODE, OF THE CHULA VISTA MUNICIPAL CODE INCORPORATING THE 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE AND LOCAL AMENDMENTS THERETO (SECOND READING AND ADOPTION) Page 13 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-11-18 Regular City Council Meeting Minutes Page 4 M) ORDINANCE NO. 3615 OF THE CITY OF CHULA VISTA AMENDING CHAPTERS 15.26 AND 15.62 OF THE CHULA VISTA MUNICIPAL CODE TO MODIFY ENERGY BENCHMARKING AND CONSERVATION REQUIREMENTS FOR MULTIFAMILY AND COMMERCIAL BUILDINGS (SECOND READING AND ADOPTION) 5.4 Investment Report: Quarter Ending September 30, 2025 Receive the investment report for the quarter ending on September 30, 2025. 5.5 Professional Services Agreement: Approve an Agreement with Cedars Business Services, LLC to Provide Professional Debt Collection Services Adopt a resolution approving an agreement with Cedars Business Services, LLC to provide professional debt collection services. Item 5.5 heading: RESOLUTION NO. 2025-183 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT FOR PROFESSIONAL DEBT COLLECTION SERVICES BETWEEN THE CITY AND CEDARS BUSINESS SERVICES, LLC 5.6 Grant Award: Authorize City Manager to Accept Grant Funds Throughout Fiscal Year 2025-26 From San Diego Seniors Community, Chuck & Ernestina Kreutzkamp Foundations, and the National Recreation & Park Association to Fund Various City Programs and Services Adopt resolutions authorizing the City Manager to accept grant funding and execute the grant documents through June 30, 2026 from A) Chuck & Ernestina Kreutzkamp Foundation, B) National Recreation and Park Association, and C) San Diego Seniors Community Foundation. Item 5.6 headings: A) RESOLUTION NO. 2025-184 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM THE CHUCK & ERNESTINA KREUTZKAMP FOUNDATION THROUGH JUNE 30, 2026 AND AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDING AND EXECUTE GRANT DOCUMENTS B) RESOLUTION NO. 2025-185 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM THE NATIONAL RECREATION AND PARK ASSOCIATION THROUGH JUNE 30, 2026 AND AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDING AND EXECUTE GRANT DOCUMENTS C) RESOLUTION NO. 2025-186 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM THE SAN DIEGO SENIORS COMMUNITY FOUNDATION THROUGH JUNE 30, 2026 AND AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDING AND EXECUTE GRANT DOCUMENTS 5.7 Lease Agreement: Approve a First Amendment to the Lease Agreement for Meals-On-Wheels at the Norman Park Senior Center Page 14 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-11-18 Regular City Council Meeting Minutes Page 5 Adopt a resolution approving a first amendment to the Lease of City Facility Agreement with Meals-On-Wheels Greater San Diego, Inc. for the expanded use of office space at the Norman Park Senior Center. Item 5.7 heading: RESOLUTION NO. 2025-187 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AN AMENDMENT TO THE LEASE OF CITY FACILITY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MEALS-ON- WHEELS GREATER SAN DIEGO, INC. 6. PUBLIC COMMENTS The following members of the public spoke regarding various topics:  John Acosta, Chula Vista resident  Robert  Pam Keel, Chula Vista resident Abigail Sylvester spoke in support of climate action measures. Angel Marquez, representing Sweetwater Authority, spoke regarding the agency's water affordability program. Joann Fields, Chula Vista resident, representing the API Initiative, expressed her gratitude for City assistance related to recent Filipino American events. Michelle Francis, Chula Vista resident, spoke regarding matters related to homelessness. The following members of the public spoke regarding the equestrian arena at Rohr Park:  Aditya Satsangi  Darrell Jett The meeting was recessed at 6:04 p.m. and resumed at 6:11 p.m. 7. PUBLIC HEARINGS 7.1 Certify Final Environmental Impact Report and Mitigation Monitoring and Reporting Program: Amend the Chula Vista General Plan and Bayfront Local Coastal Program; Approve the Rohr Wohl Specific Plan, a Tentative Parcel Map, and Coastal Development Permit Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Senior Planner Ortuno gave a presentation on the item. Emil Wohl, applicant for the project, gave a presentation. Mayor McCann opened the public hearing. The following members of the public spoke in support of the item:  Marcy Weaver, representing Chula Vista Chamber of Commerce Page 15 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-11-18 Regular City Council Meeting Minutes Page 6  Becky Cortez  Jim O'Callaghan  Jesse Garcia  Daniel De La Rosa  Ricardo Sanchez  Kyle Strong, representing Collins Aerospace  Louie Fuentes  John Acosta Robert spoke, expressing a neutral position on the item. 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 Inzunza To adopt Resolution No. 2025-188, the heading was read, text waived. The motion was carried by the following vote: Result, Carried (5 to 0) Item 7.1A heading: A) RESOLUTION NO. 2025-188 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM (EIR22-0003), APPROVING AMENDMENTS TO THE CHULA VISTA GENERAL PLAN AND THE CHULA VISTA BAYFRONT LOCAL COASTAL PROGRAM SPECIFIC PLAN (MPA21-0021), AND APPROVING A TENTATIVE PARCEL MAP (TM23-0002), AND A COASTAL DEVELOPMENT PERMIT FOR A FOUR-LOT SUBDIVISION Moved by Mayor McCann Seconded by Councilmember Inzunza To place the below ordinance on first reading, the heading was read, text waived. The motion was carried by the following vote: Result, Carried (5 to 0) Item 7.1B heading: B) ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING THE ROHR WOHL SPECIFIC PLAN AND APPROVING CORRESPONDING ZONING CHANGES TO THE CHULA VISTA BAYFRONT LOCAL COASTAL PROGRAM LAND USE PLAN (FIRST READING) Page 16 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-11-18 Regular City Council Meeting Minutes Page 7 The meeting was recessed at 7:14 p.m. and resumed at 7:21 p.m. 7.2 Sewer Service: Assess Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Tax Bill for Collection by the County Treasurer-Tax Collector 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. Revenue Manager Vasquez gave a presentation on the item. Mayor McCann opened the public hearing. John Acosta, Chula Vista resident spoke in opposition to the item. There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. Moved by Councilmember Preciado Seconded by Councilmember Fernandez To adopt Resolution No. 2025-189, the heading was read, text waived. The motion was carried by the following vote: Result, Carried (5 to 0) Item 7.2 heading: RESOLUTION NO. 2025-189 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR PROPERTY TAX BILL FOR COLLECTION BY THE COUNTY TREASURER-TAX COLLECTOR 7.3 Solid Waste Service: Assess Delinquent Solid Waste Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Tax Bill for Collection by the County Treasurer- Tax Collector 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. Revenue Manager Vasquez gave a presentation on the item. Mayor McCann opened the public hearing. John Acosta, Chula Vista resident spoke in opposition to the item. There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. Moved by Councilmember Preciado Seconded by Councilmember Fernandez Page 17 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-11-18 Regular City Council Meeting Minutes Page 8 To adopt Resolution No. 2025-190, the heading was read, text waived. The motion was carried by the following vote: Result, Carried (5 to 0) Item 7.3 heading: RESOLUTION NO. 2025-190 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR PROPERTY TAX BILL FOR COLLECTION BY THE COUNTY TREASURER-TAX COLLECTOR 8. ACTION ITEMS 8.1 Consider Items Removed From the Consent Calendar, if Any There were none. 8.2 Resolution: Adopt a Resolution Affirming the City’s Commitment to Due Process, Public Safety and Neighborly Responsibility Regarding Immigration Enforcement Activities Through the Good Neighbor Policy Councilmember Fernandez and Special Projects Manager Relph gave a presentation The following members of the public spoke in opposition to the item:  Robert  Bogden Matuszynski Pedro Rios submitted written communications in support of the item. Mayor McCann stated that he would abstain from participating in the vote on the item due to a potential conflict of interest related to his military service. Moved by Councilmember Fernandez Seconded by Deputy Mayor Chavez To adopt Resolution No. 2025-191, the heading was read, text waived. The motion was carried by the following vote: Result, Carried (4 to 0) Item 8.2 heading: RESOLUTION NO. 2025-191 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE CITY'S COMMITMENT TO DUE PROCESS, PUBLIC Page 18 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-11-18 Regular City Council Meeting Minutes Page 9 SAFETY, AND NEIGHBORLY RESPONSIBILITY THROUGH THE GOOD NEIGHBOR POLICY 8.3 Affordable Housing: Consideration and Adoption of an Official Name for the Former Palomar Motel Permanent Supportive Housing Project Management Analyst Rodriguez gave a presentation on the item. Moved by Mayor McCann Seconded by Councilmember Preciado To adopt Resolution No. 2025-192 and name the project "Palomar Point," the heading was read, text waived. The motion was carried by the following vote: Result, Carried (4 to 1) Item 8.3 heading: RESOLUTION NO. 2025-192 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA NAMING THE PERMANENT SUPPORTIVE HOUSING PROJECT AT 1160 WALNUT AVENUE PALOMAR POINT 8.4 Long-Term Financial Plan: Accept the General Fund Long-Term Financial Plan – Fiscal Years 2027-2036 Report Finance Director Schoen, Assistant Finance Director Del Rio and Budget and Analysis Manager Prendell, gave a presentation on the item. Moved by Councilmember Preciado Seconded by Councilmember Inzunza To accept the General Fund Long-Term Financial Plan – Fiscal Years 2027-2036 report. The motion was carried by the following vote: Result, Carried (5 to 0) 8.5 Western Chula Vista Economic Development Subcommittee: Consider Subcommittee Report Recommendations and Provide Direction to Staff Regarding Subcommittee Recommendations Economic Development Director Graham gave a presentation on the item. Moved by Councilmember Preciado Seconded by Councilmember Fernandez To implement the following recommendations: build capacity for data-driven economic development; support small businesses and vibrant business districts; develop strategies to support tourism that benefits all; and strengthen Chula Vista Page 19 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-11-18 Regular City Council Meeting Minutes Page 10 as a destination for sports and sports tourism. The motion was carried by the following vote: Result, Carried (5 to 0) 9. PUBLIC COMMENTS (CONTINUED) There were none. 10. CITY MANAGER’S REPORTS City Manager Allen invited community members to attend upcoming events related to the Rohr Park master planning process. 11. MAYOR’S REPORTS Mayor McCann reported on attendance at recent events and made community announcements. 11.1 Consider Forming a City Council Subcommittee for a Filipino Village Along the Broadway Corridor to Leverage Bayfront Development Joann Fields spoke regarding the importance of community input and the formation of an ad hoc committee of designated community members. John Acosta, Chula Vista resident, spoke regarding inclusivity. Moved by Mayor McCann Seconded by Councilmember Fernandez To form a City Council subcommittee for a Cultural Village consisting of Mayor McCann and Councilmember Fernandez. The motion was carried by the following vote: Result, Carried (5 to 0) 12. COUNCILMEMBERS’ REPORTS Councilmembers reported on attendance at recent events and made community announcements. 13. CITY CLERK'S REPORTS There were none. 14. CITY ATTORNEY'S REPORTS 14.1 Council Policy No. 111-02: Discussion Regarding Amendments to the Special Orders of the Day and Proclamations Policy Item was withdrawn. Page 20 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-11-18 Regular City Council Meeting Minutes Page 11 15. ADJOURNMENT The meeting was adjourned at 9:18 p.m. Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 21 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda City of Chula Vista Regular City Council Meeting MINUTES Date: Location: December 2, 2025, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Deputy Mayor Chavez, Councilmember Fernandez, Councilmember Inzunza, Councilmember Preciado, Mayor McCann Also Present: City Manager Tiffany Allen, City Attorney Verdugo, Deputy Director of City Clerk Services Turner, Deputy Director of City Clerk Services Malone 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. Deputy Mayor Chavez joined the meeting at 5:01 p.m. and Councilmember Preciado joined the meeting at 5:03 p.m. 2. ROLL CALL Deputy Director of City Clerk Services Turner called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Deputy Director of City Clerk Services Turner. 4. SPECIAL ORDERS OF THE DAY 4.1 Oath of Office: Gustavo Padilla, Board of Ethics Deputy Director of City Clerk Services Turner administered the oath of office. 5. CONSENT CALENDAR (Items 5.1 through 5.6) John Acosta, Chula Vista resident, spoke in opposition to Item 5.6. Item 5.2 was removed from the consent calendar at the request of Councilmember Preciado. Moved by Mayor McCann Seconded by Councilmember Fernandez Page 22 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-12-02 Regular City Council Meeting Minutes Page 2 To approve the recommended actions appearing below consent calendar Items 5.1, and 5.3 through 5.6. The headings were read, text waived. The motion was carried by the following vote: Result, Carried (5 to 0) 5.1 Waive Reading of Text of Resolutions and Ordinances Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.3 Board, Commission, and Committee Terms: Accept the Local Appointments List of Terms Expiring in 2026 Adopt a resolution accepting the 2026 Local Appointments List for board, commission, and committee terms expiring in calendar year 2026. Item 5.3 heading: RESOLUTION NO. 2025-193 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2026 LOCAL APPOINTMENTS LIST FOR BOARD, COMMISSION, AND COMMITTEE TERMS EXPIRING IN CALENDAR YEAR 2026 5.4 CIP Creation and Transfer of Funds: Establish Capital Improvement Project “Oxford and Fourth Park (CIP No. PRK0346)”, Amend the Fiscal Year 2025-26 Operating and Capital Improvement Program Budgets and Appropriate Funds Adopt a resolution establishing a new Capital Improvement Project entitled “Oxford and Fourth Park (CIP No. PRK0346)”, amending the Fiscal Year 2025-26 Operating and Capital Improvement Program budgets and appropriating funds. (4/5 Vote Required) Item 5.4 heading: RESOLUTION NO. 2025-194 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED “OXFORD AND FOURTH PARK (CIP NO. PRK0346)”, AMENDING THE FISCAL YEAR 2025-26 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 5.5 Grant Award and Appropriation: Accept Wildfire Mitigation Grant Funds from the San Diego Regional Fire Foundation for Wildfire Mitigation Activities and Amend the Fiscal Year 2025-26 Budget and Appropriate Funds Adopt a resolution accepting the San Diego Regional Fire Foundation grant of $604,230 and appropriating funds for that purpose. (4/5 Vote Required) Item 5.5 heading: RESOLUTION NO. 2025-195 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM THE SAN DIEGO REGIONAL FIRE Page 23 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-12-02 Regular City Council Meeting Minutes Page 3 FOUNDATION, AMENDING THE FISCAL YEAR 2025-26 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 5.6 Fee Update: Amend City-Initiated Tow License Fee and City-Initiated Tow and Storage Rate Schedule Adopt resolutions amending A) the City-Initiated Tow License Fee, and B) the City- Initiated Tow and Storage Rate Schedule. Item 5.6 headings: A) RESOLUTION NO. 2025-196 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY-INITIATED TOW LICENSE FEE B) RESOLUTION NO. 2025-197 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY-INITIATED TOW AND STORAGE RATE SCHEDULE ITEMS REMOVED FOM THE CONSENT CALENDAR 5.2 Specific Plan: Adopt an Ordinance Approving the Rohr Wohl Specific Plan and Incorporating the Associated Zoning Changes to the Chula Vista Bayfront Local Coastal Program The following members of the public spoke in support of the item:  John Acosta  Will Hauck  Danny DeLa Rosa  Jessie Garcia  Emil Wohl The following members of the public spoke in opposition to the item:  Sean Ellis  Cori Schumacher  Ansermio Estrada Moved by Mayor McCann Seconded by Councilmember Fernandez To adopt Ordinance No. 3616 the heading was read, text waived. The motion was carried by the following vote: Result, Carried (5 to 0) Item 5.2 heading: ORDINANCE NO. 3616 OF THE CITY OF CHULA VISTA ADOPTING THE ROHR WOHL SPECIFIC PLAN AND APPROVING CORRESPONDING ZONING CHANGES TO THE CHULA VISTA BAYFRONT LOCAL COASTAL PROGRAM LAND USE PLAN (SECOND READING AND ADOPTION) Page 24 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-12-02 Regular City Council Meeting Minutes Page 4 6. PUBLIC COMMENTS John Acosta, Chula Vista resident, spoke regarding various topics. The following members of the public spoke regarding the horse arena at Rohr Park:  Barbara Almalfitano  Lisa Wood, representing San Diego Trails Alliance  Janeen Reed, representing Bonita Valley Horsemen  John Fischer  Dennis Avalos  Michelle Harms  Susan Heavilin Jennie submitted written comments in opposition to the closed session item regarding the conference with real property negotiators. 7. ACTION ITEMS 7.1 Consider Items Removed From the Consent Calendar, if Any For action on this item, refer to the section Items Removed from the Consent Calendar, above. The meeting was recessed at 5:48 p.m. and resumed at 6:00 p.m. 7.2 Agreement and Task Force Appointment: Waive the Competitive Process, Approve a Consultant Services Agreement with Marlene L. Garcia Consulting, LCC for South County Higher Education Task Force Facilitation Services and Designate City Representative Special Projects Manager Relph gave a presentation on the item. Lisa Schmidt, representing Assemblymember Alvarez's office, spoke in support of the item. Moved by Mayor McCann Seconded by Councilmember Inzunza To adopt Resolution Nos. 2025-198 and 2025-199, the headings were read, text waived. The motion was carried by the following vote: Result, Carried (5 to 0) Item 7.2 headings: A) RESOLUTION NO. 2025-198 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING PROCESS AND APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND MARLENE L. GARCIA CONSULTING, LLC FOR SOUTH COUNTY HIGHER EDUCATION TASK FORCE FACILITATION AND PROJECT MANAGEMENT SERVICES Page 25 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-12-02 Regular City Council Meeting Minutes Page 5 B) RESOLUTION NO. 2025-199 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING CITY MANAGER TIFFANY ALLEN TO THE SOUTH COUNTY HIGHER EDUCATION TASK FORCE AS REQUIRED BY AB 662 7.3 Employee Compensation and Positions: Amended Classification Plan and Compensation Schedule; Revised Compensation Summaries for Unrepresented Employees; Position Counts; and Budget Amendments Human Resources Department Director Tomlinson gave a presentation on the item and announced that approval of the item would affect executive compensation. Moved by Councilmember Fernandez Seconded by Councilmember Preciado To adopt Resolution Nos. 2025-200 through 2025-205, the headings were read, text waived. The motion was carried by the following vote: Result, Carried (5 to 0) Item 7.3 headings: A) RESOLUTION NO. 2025-200 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CLASSIFICATION PLAN AND COMPENSATION SCHEDULE TO REFLECT SALARY ADJUSTMENTS FOR CERTAIN POSITIONS AND AMENDING THE AUTHORIZED POSITION COUNT IN VARIOUS DEPARTMENTS B) RESOLUTION NO. 2025-201 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED COMPENSATION SUMMARY FOR ALL UNREPRESENTED EMPLOYEES AND ELECTED OFFICIALS FOR FISCAL YEARS 2024-25, 2025-26, 2026-27, INCLUDING AUTHORIZATION FOR THE MAYOR TO EXECUTE ANY NECESSARY CONTRACT AMENDMENTS TO IMPLEMENT SAID AMENDED COMPENSATION SUMMARY C) RESOLUTION NO. 2025-202 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED COMPENSATION SUMMARY FOR ALL UNREPRESENTED EMPLOYEES AND ELECTED OFFICIALS FOR FISCAL YEARS 2021-22, 2022-23, 2023-24, INCLUDING AUTHORIZATION FOR THE MAYOR TO EXECUTE ANY NECESSARY CONTRACT AMENDMENTS TO IMPLEMENT SAID AMENDED COMPENSATION SUMMARY D) RESOLUTION NO. 2025-203 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2025-26 COMPENSATION SCHEDULE EFFECTIVE DECEMBER 12, 2025, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 E) RESOLUTION NO. 2025-204 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2025-26 COMPENSATION SCHEDULE EFFECTIVE DECEMBER 26, 2025, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 Page 26 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-12-02 Regular City Council Meeting Minutes Page 6 F) RESOLUTION NO. 2025-205 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2025- 26 BUDGET FOR APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 7.4 Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending September 30, 2025 (First Quarter Report) and Appropriate Funds to Implement Required Budget Adjustments Finance Director Schoen, Budget Analysis Manager Prendell, and Fiscal & Management Analyst Vargas gave a presentation on the item. The following members of the public submitted written comments in opposition to the item:  Caroline  Vicki  Greg  Felipa  Bradley  Bre  Beverly  Eric  Janelle  Rafael  Ralph  Rebecca  Weed Watcher  Jimmy  Jerry Fredrickson  Jenné Moved by Mayor McCann Seconded by Councilmember Inzunza To adopt Resolution No. 2025-206, the heading was read, text waived. The motion was carried by the following vote: Item 7.4 heading: RESOLUTION NO. 2025-206 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2025-26 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 8. PUBLIC COMMENTS (CONTINUED) There were none. 9. CITY MANAGER’S REPORTS There were none. 10. MAYOR’S REPORTS Page 27 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-12-02 Regular City Council Meeting Minutes Page 7 Mayor McCann reported on attendance at recent events and made community announcements. 11. COUNCILMEMBERS’ REPORTS Councilmembers reported on attendance at recent events and made community announcements. Councilmember Inzunza provided an update from the recent Community Power meeting. 12. CITY CLERK'S REPORTS There were none. 13. CITY ATTORNEY'S REPORTS 13.1 Council Policy No. 111-02: Discussion Regarding Amendments to the Special Orders of the Day and Proclamations Policy City Attorney Verdugo gave a presentation. Moved by Deputy Mayor Chavez Seconded by Councilmember Fernandez To adopt Resolution No. 2025-207, as amended, providing that if a proclamation request is denied by the Mayor, no other elected official may issue a proclamation on the same subject until the sponsoring Councilmember has had the opportunity to place the item on a subsequent agenda. The heading was read, text waived. The motion was carried by the following vote: Result, Carried (4 to 1) Item 13.1 heading: RESOLUTION NO. 2025-207 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO COUNCIL POLICY NUMBER 111-02 AND RENAMING THE POLICY “COUNCIL PRESENTATIONS – SPECIAL ORDERS OF THE DAY, PROCLAMATIONS, AND CERTIFICATES OF RECOGNITION” 14. 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. The meeting was recessed at 7:32 p.m. and reconvened in closed session at 7:37 p.m. with all members present. 14.1 Public Employee Appointment Pursuant to Government Code Section 54957(b) Page 28 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-12-02 Regular City Council Meeting Minutes Page 8 Moved by Mayor McCann Seconded by Councilmember Preciado To ratify the appointment of Christopher Manroe as the Fire Chief. The motion was carried by the following vote: Result, Carried (5 to 0) 14.2 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Name of case: Natalie Vazquez v. City of Chula Vista, et al., San Diego Superior Court Case No. 25CU045186C Action: No reportable action. 14.3 Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 61 First Avenue Agency Negotiators: Tiffany Allen, City Manager; Marco Verdugo, City Attorney; Scott Dickson, Real Property Manager and Rick Ryals, MPC Consultants Negotiating Parties: City of Chula Vista, Ismael Rodriguez Under Negotiation: Price and terms Action: No reportable action. 15. ADJOURNMENT The meeting was adjourned at 8:42 p.m. Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 29 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda City of Chula Vista Regular City Council Meeting MINUTES Date: Location: December 16, 2025, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Deputy Mayor Chavez, Councilmember Fernandez, Councilmember Inzunza, Councilmember Preciado, Mayor McCann Also Present: City Manager Allen, City Attorney Verdugo, City Clerk Bigelow, Deputy Director of City Clerk Services Malone Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________ 1. CALL TO ORDER The meeting was called to order at 5:05 p.m. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Fire Chief Muns. 4. SPECIAL ORDERS OF THE DAY 4.1 Presentation of a Proclamation in Recognition of Library Associate Ruth Vasquez Upon Her Retirement After 30 Years of Dedicated Public Service The proclamation was presented. 4.2 Presentation of a Proclamation in Recognition of Fire Chief Harry Muns Upon His Retirement After 31 Years of Dedicated Public Service and Being Named 2025 San Diego County Fire Chief of the Year The proclamation was presented. 4.3 Chula Vista Bayfront Update Presented by Chula Vista Port Commissioner & Vice Chair Ann Moore Port Commissioner and Vice Chair Moore gave a presentation. 5. CONSENT CALENDAR (Items 5.1 through 5.8) John Acosta spoke regarding Item 5.8. Moved by Mayor McCann Seconded by Councilmember Fernandez Page 30 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-12-16 Regular City Council Meeting Minutes Page 2 To approve the recommended actions appearing below consent calendar Items 5.1 through 5.8. The headings were read, text waived. The motion was carried by the following vote: Result, Carried (5 to 0) 5.1 Waive Reading of Text of Resolutions and Ordinances Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.2 Incentive Program: Approve a Letter of Authorization to Participate in the SD EnergyLink Incentive Program and Accept $352,000 in Assets and Labor Adopt a resolution to A) Authorize the City Manager to execute a Letter of Authorization to participate in the SD EnergyLink Equipment Incentive Program and B) Accept $352,000 in assets and labor. Item 5.2 heading: RESOLUTION NO. 2025-208 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LETTER OF AUTHORIZATION TO PARTICIPATE IN THE SD ENERGYLINK INCENTIVE PROGRAM AND ACCEPT FUNDS IN ASSETS AND LABOR 5.3 Grant Acceptance and Appropriation: Accept and Appropriate Adult Literacy and Family Literacy Services Grant Funds From the California State Library The following members of the public submitted written comments in opposition to the item:  Jenne  Bre  Jimmy Adopt a resolution accepting and appropriating Adult Literacy and Family Literacy Services grant funds from the California State Library. (4/5 Vote Required) Item 5.3 heading: RESOLUTION NO. 2025-209 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE ADULT LITERACY AND FAMILY LITERACY SERVICES GRANT FUNDS FROM THE CALIFORNIA STATE LIBRARY, AMENDING THE FISCAL YEAR 2025-26 BUDGET TO APPROPRIATE FUNDS THEREFOR (4/5 VOTE REQUIRED) 5.4 Employee Benefits: Adopt the 2026 Cafeteria Benefits Plan Reflecting Health Insurance and Voluntary Insurance Benefits for Eligible City Employees Adopt a resolution for the 2026 Cafeteria Benefits Plan. Item 5.4 heading: Page 31 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-12-16 Regular City Council Meeting Minutes Page 3 RESOLUTION NO. 2025-210 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2026 5.5 Employee Compensation: Approve the Revised Compensation Schedule that Reflects Scheduled Salary Adjustments for Certain Employee Groups Adopt a resolution approving the revised Fiscal Year 2025-26 Compensation Schedule effective January 9, 2026, as required by the California Code of Regulations, Title 2, Section 570.5. Item 5.5 heading: RESOLUTION NO. 2025-211 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2025-26 COMPENSATION SCHEDULE EFFECTIVE JANUARY 9, 2026, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 5.6 Grant Award and Appropriation: Accept Grant Funds from the San Diego Workforce Partnership for Cohort Training Activities and Appropriate Funds Adopt a resolution accepting the San Diego Workforce Partnership grant of $494,181 and appropriating funds for that purpose. (4/5 Vote Required) Item 5.6 heading: RESOLUTION NO. 202-212 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FUNDS FROM THE SAN DIEGO WORKFORCE PARTNERSHIP, AMENDING THE FISCAL YEAR 2025-26 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 5.7 Real Property Purchase: Approve the Acquisition of Real Property at 61 First Avenue, Amend the Fiscal Year 2025-26 Budget and Appropriate Funds Adopt a resolution approving the purchase of 61 First Avenue (APN 566-131-05- 00) for the purposes of the Lower Sweetwater Community Park Project, amending the fiscal year 2025-26 budget, and appropriating funds for this purpose. (4/5 Vote Required) Item 5.7 heading: RESOLUTION NO. 2025-213 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PURCHASE OF REAL PROPERTY LOCATED AT 61 FIRST AVENUE (APN 566-131-05-00) FOR PURPOSES RELATED TO THE FUTURE LOWER SWEETWATER COMMUNITY PARK, AMENDING THE FISCAL YEAR 2025-26 BUDGET, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 5.8 Grant Acceptance and Appropriation: Accept Grant Funds from the American Society for the Prevention of Cruelty to Animals (ASPCA) for Wildfire Response and Preparedness and Appropriate Funds Adopt a resolution accepting grant funds in the amount of $14,473 from the ASPCA for wildfire response and disaster preparedness activities and appropriating the funds for that purpose. (4/5 Vote Required) Page 32 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-12-16 Regular City Council Meeting Minutes Page 4 Item 5.8 heading: RESOLUTION NO. 2025-214 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM THE AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (ASPCA) FOR WILDFIRE RESPONSE AND DISASTER PREPAREDNESS, AMENDING THE FISCAL YEAR 2025-26 BUDGET, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 6. PUBLIC COMMENTS The following members of the public spoke regarding employee compensation and wage consideration:  Mayra Estrada, representing the Association of Chula Vista Employees  Jennifer Lima  Thomas Swanson, representing the Western Council of Engineers Brandon Claypool spoke regarding matters related to homelessness. John Acosta, Chula Vista resident, spoke regarding various topics. Sandra Hodge, Chula Vista resident, expressed appreciation for the Human Relations Commission and City staff. Purita Javier spoke regarding health concerns related to ceramics manufacturing and lead exposure. The following members of the public submitted written comments regarding the usage of the opioid settlement:  Bre  Ralph M.  Bradley  Jenne  Jacky  Jamelle John Z. submitted written comments in support of retaining the horse arena in Rohr Park. Diani Voss submitted written comments in support of a four-way stop at the intersection of Zulu Road and Trinity Avenue. Jenne submitted written comments regarding Starlight Parade funding and administration of the Adult Literacy and Family Literacy Services Grant referenced in Item 5.3. The meeting was recessed at 6:04 p.m. and resumed at 6:11 p.m. 7. ACTION ITEMS 7.1 Consider Items Removed From the Consent Calendar, if Any There were none. Page 33 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-12-16 Regular City Council Meeting Minutes Page 5 7.2 Agreement: Approve a Ten-Year Facilities Operations Agreement with Elite Athlete Services, LLC to Operate the Chula Vista Elite Athlete Training Center Deputy City Manager Chase and Brian Melekian, President and Chief Operating Officer of Elite Athlete Services, gave a presentation. Freddy Lindo, representing Padyak Racing Team, spoke regarding the pricing model for the training center. Moved by Mayor McCann Seconded by Deputy Mayor Chavez To adopt Resolution No. 2025-215, the heading was read, text waived. The motion was carried by the following vote: Result, Carried (5 to 0) Item 7.2 heading: RESOLUTION NO. 2025-215 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FACILITY OPERATIONS AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ELITE ATHLETE SERVICES, LLC FOR OPERATION OF THE CHULA VISTA ELITE ATHLETE TRAINING CENTER 8. PUBLIC COMMENTS (CONTINUED) Cesar Javier spoke regarding inclusivity and community recognition. The following members of the public spoke in support of retaining the horse arena in Rohr Park:  Janeen Reed, representing Bonita Valley Horsemen  Mary Christensen  Gail Moriarity  Theresa Acerro 9. CITY MANAGER’S REPORTS There were none. 10. MAYOR’S REPORTS Mayor McCann reported on attendance at recent events and made community announcements. 10.1 Ratification of Appointments Health, Wellness, and Aging Commission - Deepa Kurup Housing and Homelessness Advisory Commission - Isaiah Diamond Page 34 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-12-16 Regular City Council Meeting Minutes Page 6 A motion to ratify the appointments as agendized was made by Mayor McCann and seconded by Councilmember Preciado. A substitute motion was subsequently made and adopted. Moved by Councilmember Fernandez Seconded by Councilmember Inzunza To table the agendized appointments until the next meeting or until the referral to be made is addressed. The motion was carried by the following vote: Result, Carried (3 to 2) 11. COUNCILMEMBERS’ REPORTS Councilmembers reported on attendance at recent events and made community announcements. Deputy Mayor Chavez provided an update from the recent SANDAG board of directors meeting. At the request of Councilmember Fernandez, there was a consensus of the City Council to make a referral to the City Clerk, in coordination with the City Attorney, to review the City’s boards and commissions appointment framework and return with recommended amendments to support greater district-based representation, consistent with legal constraints, subject-matter expertise, and the City Charter. 12. CITY CLERK'S REPORTS There were none. 13. CITY ATTORNEY'S REPORTS There were none. 14. 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. The meeting was recessed at 7:22 p.m. and reconvened in closed session at 7:32 p.m. with all members present. 14.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Name of case: Natalie Vazquez v. City of Chula Vista, San Diego Superior Court Case No. 25CU045186C Action: No reportable action Page 35 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-12-16 Regular City Council Meeting Minutes Page 7 14.2 Conference with Legal Counsel -- Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b) One (1) Case: Including City of Chula Vista Claim CV25134, Presented on June 18, 2025. Action: No reportable action 14.3 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency designated representatives: Tiffany Allen, Sarah Schoen, Tanya Tomlinson, Marco Verdugo, and Courtney Chase Employee organization: POA Action: No reportable action 15. ADJOURNMENT The meeting was adjourned at 9:41 p.m. Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 36 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda v . 0 0 5 P a g e | 1 January 6, 2026 ITEM TITLE Equipment Purchase: Authorizing the Purchase of GapVax Trucks from Plumbers Depot, Inc in Accordance Product Pricing in Sourcewell Contract Number 101221-GPV and Appropriate Funds Report Number: 25-0293 Location: No specific geographic location Department: Public Works G.C. § 84308 Regulations Apply: 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 Council adopt a resolution authorizing the purchase of three (3) GapVax Trucks from Plumbers Depot, Inc, and appropriate funds in the amount of $1,750,000. (4/5 Vote Required) SUMMARY The Fleet Division of the City’s Public Works Department supports the delivery of City services to residents by ensuring fleet vehicles are ready when needed. Three (3) GapVax trucks have been identified for replacement. Staff is requesting authorization to utilize the pricing in the Sourcewell cooperative purchasing contract for the replacement of the three GapVax trucks. This will provide competitive pricing for the City and is not anticipated to impact local vendors. ENVIRONMENTAL REVIEW The proposed activity was reviewed for compliance with the California Environmental Quality Act (CEQA), and it was determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Page 37 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Fleet Division of the City’s Public Works Department supports the delivery of City services to residents by ensuring Fire Department, Police Department and public services fleet vehicles are ready when needed. The Fleet Division annually reviews the vehicle replacement schedule including the heavy-duty and specialized vehicle fleet to identify units requiring replacement. If these classes of vehicle exceed their planned replacement criteria it may result in increased down-time and impact the service delivery to residents. Three (3) GapVax trucks within the Public Works Wastewater Division have been identified for replacement. These trucks are critical to the Wastewater Division Sewer Maintenance Program. The main purpose of these trucks is to avoid sanitary sewer overflows that could harm the environment. They are also used to respond to pump station failures and for cleaning critical sewer lines throughout the City. The typical useful life for a GapVax truck is 5-7 years. The GapVax trucks identified will all be over 6 six years old by the time the replacements are received as the lead time for receiving these trucks is over one year. Staff recommends using Sourcewell Contract Number 101221-GPV (Attachment 1) for the purchase of these trucks. The estimated replacement cost for these 3 trucks totals $2,400,000. The Wastewater Fund currently has an available budget for this purpose of $650,000; an additional $1,750,000 appropriation is needed for the purchase of the trucks. The appropriation will be made from the available fund balance of the Wastewater Fund. The City leverages the use of collaborative purchasing agreements in order to expedite purchasing and still obtain competitive pricing. Chula Vista Municipal Code section 2.56.140 allows for purchases through Cooperative Purchasing Agreements that the Purchasing Agent determines to be consistent with good purchasing practices. City Council approval is required if the purchase exceeds $2,000,000. The approval to utilize the Sourcewell cooperative purchasing contract for these trucks will streamline the procurement process by utilizing already developed request for proposals for national, competitive solicitations that meet or exceed City requirements. The rigorous process is continually refined to best meet member needs and allows the City to obtain exceptional products and services from nationally acclaimed vendors. Benefits of using this process includes:  Save time and money by combining the buying power of more than 50,000 government, education, and nonprofit organizations. Sourcewell holds hundreds of competitively solicited cooperative contracts ready for use.  Sourcewell facilitates a competitive solicitation and awards process on behalf of its members’ needs and expectations throughout the U.S. and Canada. The authorized dealer for GapVax for this region is Plumbers Depot, Inc as identified in the Sourcewell GapVax contract. Page 38 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda P a g e | 3 DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 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 cost to purchase three GapVax Trucks totals $2,400,000 which will be funded by the Wastewater Fund. The fiscal year 2025-26 budget includes $650,000 for this purpose, and this action will appropriate an additional $1,750,000 from the available fund balance of the Wastewater Fund. Approval of this resolution has no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT The ongoing fiscal impact associated with this purchase is for regular fleet maintenance charges. These costs will be budgeted in the Wastewater Fund and will be considered as part of the annual budget development process. ATTACHMENTS 1. Sourcewell Contract Number 101221-GPV 2. Levine Act Disclosure Staff Contact: Alicia M. Granados, Senior Management Analyst Angelica Aguilar, Interim Director of Public Works Page 39 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Form Rev 9/30/2025 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF THREE GAPVAX TRUCKS FROM PLUMBERS DEPOT, INC IN ACCORDANCE WITH SOURCEWELL CONTRACT NUMBER 101221-GPV PRICING AND APPROPRIATING FUNDS THERFOR WHEREAS, the Fleet Division of the Public Works Department updates the vehicle replacement schedule on an annual basis and recommends vehicles for replacement to ensure continuity of service; and WHEREAS, staff recommends replacing three (3) GapVax trucks assigned to the Wastewater Division of Public Works; and WHEREAS, staff recommends using a cooperative purchasing agreement for the purchase of three (3) GapVax vehicles from Plumbers Depot, Inc in accordance with Sourcewell Contract Number 101221-GPV; and WHEREAS, Plumbers Depot, Inc is the authorized dealer for this region for GapVax; and WHEREAS, Chula Vista Municipal Code section 2.56.140 allows for purchases through cooperative purchasing agreements that the Purchasing Agent determines to be consistent with good purchasing practices. City Council approval is required if the purchase exceeds $2,000,000; and WHEREAS, the total cost for three (3) GapVax Trucks is $2,400,000 and will be funded by the Wastewater fund; and WHEREAS, the fiscal year 2025-26 Wastewater fund budget has $650,000 available in the Other Capital expense category and staff recommends appropriating an additional $1,750,000 from the available fund balance of the Wastewater fund to complete this purchase. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it authorizes the purchase of three (3) GapVax Trucks from Plumbers Depot, Inc in accordance with pricing in Sourcewell Contract Number 101221-GPV. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the appropriation of $1,750,000 to the Other Capital expense category of the Wastewater Fund. Page 40 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Resolution No. Page 2 Presented by Approved as to form by Angelica Aguilar Marco A. Verdugo Interim Director of Public Works City Attorney Page 41 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 101221-GPV Rev. 3/2021 1 Solicitation Number: RFP #101221 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and GapVax Inc., 575 Central Avenue, Johnstown, PA 15902 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires November 29, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Page 42 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 101221-GPV Rev. 3/2021 2 Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be Page 43 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 101221-GPV Rev. 3/2021 3 returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; Page 44 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 101221-GPV Rev. 3/2021 4 x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell Page 45 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 101221-GPV Rev. 3/2021 5 contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: Page 46 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 101221-GPV Rev. 3/2021 6 x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address; x Participating Entity City; x Participating Entity State/Province; x Participating Entity Zip/Postal Code; x Participating Entity Contact Name; x Participating Entity Contact Email Address; x Participating Entity Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased Page 47 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 101221-GPV Rev. 3/2021 7 by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. Page 48 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 101221-GPV Rev. 3/2021 8 E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier. b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, Page 49 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 101221-GPV Rev. 3/2021 9 resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. Page 50 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 101221-GPV Rev. 3/2021 10 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Page 51 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 101221-GPV Rev. 3/2021 11 The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: 500,000 each accident for bodily injury by accident 500,000 policy limit for bodily injury by disease 500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: 1,000,000 each occurrence Bodily Injury and Property Damage 1,000,000 Personal and Advertising Injury 2,000,000 aggregate for Products-Completed operations 2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms Page 52 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 101221-GPV Rev. 3/2021 12 no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: 1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: 2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: 2,000,000 per occurrence 2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is Page 53 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 101221-GPV Rev. 3/2021 13 primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. Page 54 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 101221-GPV Rev. 3/2021 14 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. Page 55 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 101221-GPV Rev. 3/2021 15 C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names Page 56 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 101221-GPV Rev. 3/2021 16 of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation Page 57 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 101221-GPV Rev. 3/2021 17 and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. Page 58 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 01221-GPV Rev. 3/2021 18 T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell GapVax Inc. By: __________________________ By: __________________________ Jeremy Schwartz Gary A. Poborsky Title: Chief Procurement Officer Title: President Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date: ________________________ Page 59 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 5)3 6HZHU 9DFXXP GUR FDYDWLRQ DQG 0XQLFLSDO 3XPSLQJ TXLSPHQW ZLWK 5HODWHG FFHVVRULHV DQG 6XSSOLHV 9HQGRU HWDLOV RPSDQ\1DPH DS9D[QF GGUHVV HQWUDO YH RKQVWRZQ 3$ RQWDFW 0DWW XJKHV PDLO PKXJKHV#JDSYD[FRP 3KRQH D[ 67 6XEPLVVLRQ HWDLOV UHDWHG 2Q HGQHVGD\6HSWHPEHU 6XEPLWWHG 2Q 7XHVGD\2FWREHU 6XEPLWWHG 0DWW XJKHV PDLO PKXJKHV#JDSYD[FRP 7UDQVDFWLRQ ID HI I G F G I F 6XEPLWWHU V 3 GGUHVV Bid Number: RFP 101221 Vendor Name: GapVax IncPage 60 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 6SHFLILFDWLRQV 7DEOH 3URSRVHU GHQWLW\XWKRUL]HG 5HSUHVHQWDWLYHV HQHUDO QVWUXFWLRQV DSSOLHV WR DOO 7DEOHV 6RXUFHZHOO SUHIHUV D EULHI EXW WKRURXJK UHVSRQVH 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SHUIRUPLQJ WKH FRQWUDFWXDO REOLJDWLRQV FRQWHPSODWHG LQ WKH ELG HV 1R 7KH LGGHU DFNQRZOHGJHV DQG DJUHHV WKDW WKH DGGHQGXP DGGHQGD EHORZ IRUP SDUW RI WKH LG RFXPHQW Bid Number: RFP 101221 Vendor Name: GapVax IncPage 75 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda KHFN WKH ER[LQ WKH FROXPQ KDYH UHYLHZHG WKLV DGGHQGXP EHORZ WR DFNQRZOHGJH HDFK RI WKH DGGHQGD LOH 1DPH KDYH UHYLHZHG WKH EHORZ DGGHQGXP DQG DWWDFKPHQWV LI DSSOLFDEOH 3DJHV GGHQGXPB B6HZHUB9DFB+\GUR FDYDWLRQB3XPSVB5)3B 7KX 6HSWHPEHU 30 GGHQGXPB B6HZHUB9DFB+\GUR FDYDWLRQB3XPSVB5)3B UL 6HSWHPEHU 30 GGHQGXPB B6HZHUB9DFB+\GUR FDYDWLRQB3XPSVB5)3B 7KX XJXVW 30 Bid Number: RFP 101221 Vendor Name: GapVax IncPage 76 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda ourcewell Contract #031622-MUI | Amendment #1 Page 1 of 1 AMENDMENT #1 TO CONTRACT #101221-GPV THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and GapVax Inc. (Supplier). Sourcewell awarded a contract to Supplier to provide Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies, to Sourcewell and its Participating Entities, effective December 20, 2021, through November 29, 2025 (Contract). NOW THEREFORE, the parties wish to amend the Contract as follows: Section 18. Insurance–Subsection A. Requirements– Item 5. Network Security and Privacy Liability Insurance, of the Contract, is modified to reduce the minimum limit requirements to $1,000,000 per occurrence and $1,000,000 annual aggregate. Except as amended by this Amendment, the Contract remains in full force and effect. Sourcewell GapVax Inc. By: By: Jeremy Schwartz, Director of Operations/CPO Gary Poborsky Date: Title: Approved: Date: By: Chad Coauette, Executive Director/CEO Date: Page 77 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Rev. 7/2022 1 CONTRACT EXTENSION Contract Number: Sourcewell and 202 12th Street Northeast P.O. Box 219 Staples, MN 56479 Sourcewell) (Vendor) have entered into Contract Number: 110719- for the procurement of: The Contract has an expiration date of Decemb r, but the parties may extend the Contract by mutual consent. Sourcewell and Vendor acknowledge that extending the Contract benefits the Vendor, Sourcewell and Sourcewell’s Members. Vendor and Sourcewell agree to extend the Contract listed above for an additional period, with a new Contract expiration date of Dece mber , . All other terms and conditions of the Contract remain in full force and effect. Sourcewell Authorized Signature Name Title Date Authorized Signature Name Title Date Docusign Envelope ID: 2D4E2C6E-75B1-43CA-806F-52B0A0BB3F0E Jeremy Schwartz 101221-GPV 2025-11-29 2026-11-29 GapVax 15902-2600 2/7/2025 | 4:14 PM CST 101221-GPV Chief Operating and Procurement Officer Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies Johnstown, Pennsylvania 575 Central Ave ceo 2/10/2025 | 10:45 AM CST Gary A. Pobosrky Page 78 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda EVINE ACT DISCLOSURE California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula Vista Officer' ("Officer") from taking part in decisions related to a contract if the Officer received a political contribution totaling more than $500 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; contracts valued at under $50,000; contracts where no party receives financial compensation; or contracts between two or more agencies. A. The Levine Act DOES NOT apply to this Agreement. B. The Levine Act 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/maj-counci1 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 $500 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: x 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 $500 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. 1 "Officer" means any elected or appointed officer o€ an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC 4 84308 Page 79 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda v . 0 0 5 P a g e | 1 January 6, 2026 ITEM TITLE Amendment: Approve Second Amendment to Legal Services Agreement with Stradling Yocca Carlson & Rauth, LLP Report Number: 26-0028 Location: No specific geographic location Department: City Attorney G.C. § 84308 Regulations Apply: Yes Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving an amendment to Legal Services Agreement between (“LSA”) with Stradling Yocca Carlson & Rauth, LLP to increase the not-to-exceed amount from $40,000 to $140,000 and to extend the LSA to February 23, 2027. SUMMARY The City Attorney’s Office provides legal review, advice, consultation, and representation on a wide variety of legal issues and litigation related to City operations and staff. The amendment to this agreement will allow the City to continue to use the law firm of Stradling Yocca Carlson & Rauth, LLP for legal services regarding the development of certain real property located at 707 F Street, Chula Vista, California. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Page 80 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City Attorney’s Office provides a wide variety of legal services to the City, including legal review, advice, consultation, and representation on diverse matters impacting the City, including its officials, management, and departments. The City Attorney’s Office utilizes private law firms to assist in managing the City’s legal needs. Stradling Yocca Carlson & Rauth, LLP has provided legal services related to advising the City regarding the potential development of certain real property located at 707 F Street, Chula Vista, California pursuant to a Legal Services Agreement effective February 23, 2023, as previously amended on February 23, 2024. This proposed Second Amendment to the LSA with Stradling Yocca Carlson & Rauth, LLP will increase the not-to-exceed amount on the LSA from $40,000 to $140,000 and extend the LSA to February 23, 2027. 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 as a result of this action. All costs associated with this contract are borne by the project developer. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. All costs associated with this contract are borne by the project developer. ATTACHMENTS 1. Second Amendment to LSA with Stradling Yocca Carlson & Rauth, LLP - 707 F Street Staff Contact: RoseMarie Horvath, Deputy City Attorney Page 81 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND STRADLING YOCCA CARLSON & RAUTH, LLP, RELATED TO ADVISING THE CITY REGARDING CERTAIN REAL PROPERTY LOCATED AT 707 F STREET, CHULA VISTA WHEREAS, Stradling Yocca Carlson & Rauth, LLP has provided legal services to the City related to advising the City regarding certain real property located at 707 F Street, Chula Vista, California pursuant to a Legal Services Agreement between City and Attorney effective February 23, 2023 (“Original Agreement”); and WHEREAS, the Parties previously entered into a First Amendment to the Legal Services Agreement effective on January 1, 2024 under which Stradling Yocca Carlson & Rauth, A Professional Corporation was reorganized as a limited liability partnership: Stradling Yocca Carlson & Rauth, LLP; and WHEREAS, the City and Attorney wish to amend the Legal Services Agreement to increase the not-to-exceed amount from $40,000 to $140,000 and extend the term to February 23, 2027. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Second Amendment to the Legal Services Agreement with Stradling Yocca Carlson & Rauth, LLP regarding certain real property located at 707 F Street, Chula Vista, California, to increase the not-to-exceed amount from $40,000 to $140,000 and to extend the term to February 23, 2027, 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 the City Attorney to execute the Second Amendment. Presented by Approved as to form Marco A. Verdugo Marco A. Verdugo City Attorney City Attorney Page 82 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 1 of 2 SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT BETWEEN CITY OF CHULA VISTA AND STRADLING YOCCA CARLSON & RAUTH, LLP This Second Amendment to Legal Services Agreement (“Second Amendment”) is entered into on January 20, 2026 (“Effective Date”), by and between the City of Chula Vista (“City”) and Stradling Yocca Carlson & Rauth, LLP (“Attorney”), a Limited Liability Partnership (City and Attorney are collectively referred to herein as the “Parties”). RECITAL WHEREAS, Attorney has provided legal services related to advising the City regarding certain real property located at 707 F Street, Chula Vista, California pursuant to a Legal Services Agreement between City and Attorney effective February 23, 2023 (“Original Agreement”); and WHEREAS, the Parties previously entered into a First Amendment to the Legal Services Agreement effective on January 1, 2024; and WHEREAS, the City desires to continue utilizing the services of Attorney to advise the City regarding certain real property located at 707 F Street, Chula Vista, California, resulting in additional costs exceeding $50,000; and WHEREAS, the City and Attorney wish to amend the Legal Services Agreement to increase the not-to-exceed amount from $40,000 to $140,000 and to extend the term to February 23, 2027. AMENDMENT NOW, THEREFORE, the parties hereto agree to amend the Legal Services Agreement as follows: 1. Section 3.1 of the Original Agreement is amended to replace $40,000 with $140,000. 2. Costs that exceeded $40,000 but were incurred under the Legal Services Agreement prior to this Second Amendment are to be covered and compensated by this Second Amendment. 3. The term of the Legal Services Agreement is extended to February 23, 2027. 4. Except as expressly provided herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] Page 83 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 2 of 2 SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT BETWEEN CITY OF CHULA VISTA AND STRADLING YOCCA CARLSON & RAUTH, LLP SIGNATURE PAGE IN WITNESS WHEREOF, by executing this Second Amendment where indicated below, City and Attorney agree that they have read and understood all terms and conditions of this Second Amendment, that they fully agree and consent to be bound by same, and that they are freely entering into this Second Amendment as of Effective Date. CITY OF CHULA VISTA By: ____________________________ Marco A. Verdugo, City Attorney ATTORNEY By: ____________________________ Vanessa S. Legbandt, Shareholder Stradling Yocca Carlson & Rauth, Page 84 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda v . 0 0 5 P a g e | 1 January 6, 2026 ITEM TITLE Agreement Amendment: CalVIP Grant Program Agreement Amendments with SBCS and SANDAG Report Number: 26-0012 Location: No specific geographic location Department: Police G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving amendments to agreements with SBCS Corporation and San Diego Association of Governments for the California Violence Intervention and Prevention Grant Program. SUMMARY The California Board of State and Community Corrections has approved a no-cost term extension for the California Violence Intervention and Prevention (“CalVIP”) Grant Program. The purpose of this item is to approve amendments to the City’s agreements with SBCS and SANDAG to align those agreements with the extended grant period. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 85 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda P a g e | 2 DISCUSSION On July 19, 2022, City Council accepted a grant from California Board of State and Community Corrections (“BSCC”) health and safety by supporting effective violence initiatives in communities that are disproportionately impacted by violence. CalVIP grants are used to support, expand, and replicate evidence- based violence reduction initiatives, including, without limitation, hospital-based violence intervention programs, evidence-based street outreach programs, and focused deterrence strategies, that seek to interrupt cycles of violence and retaliation in order to reduce the incidence of homicides, shootings, and aggravated assaults. Specifically for the Police Department, the CalVIP grant award in the amount of $1,728,426 funded salaries and benefits of one School Resource Officer through June 30, 2025, as well as contractual services with SBCS Corporation for youth development, prevention and intervention services and SANDAG for project evaluation and monitoring services. With the grant funding, a multifaceted strategy partnered the Police Department’s School Resource Officer (SRO) unit with SBCS to address the growing issue of youth violence in the community by increasing education and outreach, expanding officer intervention capacity, and adding a much-needed aftercare component to address a gap in mental health services available to youth who are system involved and/or at risk of being involved in violence. Since its launch in July 2022, the CalVIP project has demonstrated strong and measurable impact on at-risk youth who have been service connected via law enforcement intervention. To date, 567 youth have been enrolled, with 463 receiving mental health services through the partnership between the SRO Unit and SBCS, resulting in 96% showing measurable improvement. Across all program components, CALVIP achieved a 90% overall successful completion rate, reflecting consistent engagement and effective service delivery. Project AWARE supported 127 youth, with 88% of youth successfully completing their enhancement and reporting improvements in motivation, confidence, and positive adult connection. TARGET (Trauma Affect Regulation: Guide for Education and Therapy) cohorts showed similarly high completion rates, ranging from 90% to 97% across Alternatives to Detention (ATD) and (Community Assessment Team (CAT) groups. Gun safety presentations have been delivered at school assemblies, in classrooms, during Coffee with the Principal events, and in partnership with participants in SBCS programs. These efforts have reached over 425 students and parents. Ongoing statistical evaluation by SANDAG, including quarterly dashboards, helped in identifying areas for needed modification to meet the needs of at-risk youth for greater overall program success. These outcomes collectively demonstrate that the CalVIP project is effectively increasing access to trauma-informed services, strengthening youth resiliency, and reducing risk factors associated with violence. The original CalVIP grant term covered a three-year project period from July 1, 2022 through June 30, 2025. BSCC has approved a no-cost term extension for the CalVIP grant. With the extension, the project activity period now ends June 30, 2026. After the activity end period, there is a six-month period of July 1, 2026 to December 31, 2026 for completion of Final Local Evaluation Report (conducted by SANDAG). Page 86 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda P a g e | 3 DECISION-MAKER CONFLICT Staff have reviewed the decision contemplated by this action and have 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. (Gov. Code, § 87100, et seq.) Staff is not independently aware and have 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 as a result of this action. The Board of State and Community Corrections for the California Violence Intervention and Prevention (CalVIP) Grant Program has granted a no-cost extension. Costs associated with the extension of the SBCS Corporation and SANDAG agreements are fully offset by the grant and were included in the fiscal year 2025-26 budget in the Police Grant Section of the State Grants Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. ATTACHMENTS 1. BSCC Amendment to Agreement BSCC 808-22 for CalVIP Grant Program 2. Agreement with SBCS Corporation for CalVIP Grant 3. Agreement Amendment with SBCS Corporation 4. Agreement with San Diego Association of Governments (SANDAG) for CalVIP Grant 5. Agreement Amendment with SANDAG Staff Contact: Chief Roxana Kennedy, Police Department Jonathan Alegre, Administrative Services Manager Page 87 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT AMENDMENTS WITH THE SBCS CORPORATION AND SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE CALIFORNIA VIOLENCE INTERVENTION AND PREVENTION GRANT PROGRAM WHEREAS, on July 19, 2022, the City of Chula Vista (“City”) accepted a grant award from the California Board of State and Community Corrections (“BSCC”) for the California Violence Intervention and Prevention (“CalVIP”) Grant Program; and WHEREAS, the purpose of the CalVIP Grant Program is to improve public health and safety by supporting effective violence intervention and prevention initiatives in communities that are disproportionately impacted by violence; and WHEREAS, CalVIP grant funds are used to support, expand, and replicate evidence-based violence reduction initiatives, including hospital-based violence intervention programs, evidence- based street outreach programs, and focused deterrence strategies designed to interrupt cycles of violence and retaliation; and WHEREAS, pursuant to City Council approval on July 19, 2022, the City entered into agreements with SBCS Corporation (“SBCS”) to provide mindfulness -based mental health services for Chula Vista youth and with the San Diego Association of Governments (“SANDAG”) to provide program evaluation, monitoring, and quality control services in support of the CalVIP Grant Program; and WHEREAS, the original CalVIP grant term covered a three-year period from July 1, 2022 through June 30, 2025; and WHEREAS, BSCC has approved a no-cost extension of the CalVIP grant, extending the project activity period through June 30, 2026; and WHEREAS, following the conclusion of project activities on June 30, 2026, an additional six-month period from July 1, 2026 through December 31, 2026 is required for completion of the Final Local Evaluation Report conducted by SANDAG; and WHEREAS, amendments to the 2022 SBCS and SANDAG agreements are necessary to align their terms with the extended CalVIP grant timelines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves an amendment to the agreement between the City and SBCS Corporation to provide mental health services for the California Violence Intervention and Prevention Grant Program, in the form presented, with such minor modifications as may be required or approved by Page 88 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Resolution No. Page 2 the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute the same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it approves an amendment to the agreement between the City and the San Diego Association of Governments to provide program evaluation services for the California Violence Intervention and Prevention Grant Program, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute the same. Presented by Roxana Kennedy Chief of Police Approved as to form by Marco A. Verdugo City Attorney Page 89 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda STATE OF CALIFORNIA – DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCC808-22-A2 STANDARD AGREEMENT AGREEMENT NUMBER AMENDMENT NUMBER Purchase Authority Number STD 213A (Rev. 07/2019) ☒ CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED BSCC 808-22 2 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: BOARD OF STATE AND COMMUNITY CORRECTIONS CONTRACTOR NAME CHULA VISTA POLICE DEPARTMENT The term of this Agreement is: START DATE THROUGH END DATE DECEMBER 31, 2026 The maximum amount of this Agreement after this Amendment is: $1,728,456.00 The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein: This amendment is the second extension of the grant agreement, extending the term by an additional six months and changing the end date from June 30, 2026 to December 31, 2026. This amendment also includes contingent provisions that only apply if the Grantee elects to accept a California Violence Intervention and Prevention Cohort 5 award. Exhibit A: Scope of Work, Item 5. Progress Reports and Evaluations is amended by replacing the prior schedule with the attached Exhibit A; Scope of Work, Item 5. Reporting Requirements, and adding Item 9. Cohort 5 Contingent Provision. Exhibit B: Budget Detail and Payment Provisions is amended by replacing the prior Exhibit B, Item 1. Statement of Expenditures and Payments with the attached Exhibit B, Item 1. Invoicing and Payments, and adding Item 9. Cohort 5 Contingent Provision. All other terms and conditions shall remain the same. IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CHULA VISTA POLICE DEPARTMENT  CONTRACTING AGENCY NAME BOARD OF STATE AND COMMUNITY CORRECTIONS CONTRACTING AGENCY ADDRESS CITY STATE ZIP 2590 Venture Oaks Way, Ste 200 Sacramento CA 95833 PRINTED NAME OF PERSON SIGNING TITLE COLLEEN CURTIN Deputy Director CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED  CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06 Page 90 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Chula Vista Police Department 808-22 Page 1 of 3 EXHIBIT A Scope of Work 5. Reporting Requirements Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule: Quarterly Progress Report Periods Due no later than: 1. July 1, 2022 to September 30, 2022 November 15, 2022 2. October 1, 2022 to December 31, 2022 February 15, 2023 3. January 1, 2023 to March 31, 2023 May 15, 2023 4. April 1, 2023 to June 30, 2023 August 15, 2023 5. July 1, 2023 to September 30, 2023 November 15, 2023 6. October 1, 2023 to December 31, 2023 February 15, 2024 7. January 1, 2024 to March 31, 2024 May 15, 2024 8. April 1, 2024 to June 30, 2024 August 15, 2024 9. July 1, 2024 to September 30, 2024 November 15, 2024 10. October 1, 2024 to December 31, 2024 February 15, 2025 11. January 1, 2025 to March 31, 2025 May 15, 2025 12. April 1, 2025 to June 30, 2025 August 15, 2025 13. July 1, 2025 to September 30, 2025 November 15, 2025 14. October 1, 2025 to December 31, 2025 February 15, 2026 15. January 1, 2026 to March 31, 2026 May 15, 2026 16. April 1, 2026 to June 30, 2026 August 15, 2026 B. Evaluation Documents Due no later than: 1. Local Evaluation Plan January 3, 2023 2. Final Local Evaluation Report December 31, 2026 C. Other Due no later than: Financial Audit Report December 31, 2026 9. Cohort 5 Contingent Provision If the Grantee elects to accept a California Violence Intervention and Prevention Cohort 5 award, the Grantee must execute an amendment to this Agreement to do the following: 1. End service delivery for the Grantee’s Cohort 4 award on March 31, 2026. 2. Submit the final local evaluation report and audit report on October 31, 2026. 3. Amend the end date of this Agreement from December 31, 2026 to October 1, 2026. Page 91 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Chula Vista Police Department 808-22 Page 2 of 3 The requirement is intended to avoid overlap of service delivery periods under the Cohort 4 and Cohort 5 awards. EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONs 1. Invoicing and Payments A. Grantee shall be paid quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period Quarterly Invoicing Periods: Due no later than: 1. July 1, 2022 to September 30, 2022 November 15, 2022 2. October 1, 2022 to December 31, 2022 February 15, 2023 3. January 1, 2023 to March 31, 2023 May 15, 2023 4. April 1, 2023 to June 30, 2023 August 15, 2023 5. July 1, 2023 to September 30, 2023 November 15, 2023 6. October 1, 2023 to December 31, 2023 February 15, 2024 7. January 1, 2024 to March 31, 2024 May 15, 2024 8. April 1, 2024 to June 30, 2024 August 15, 2024 9. July 1, 2024 to September 30, 2024 November 15, 2024 10. October 1, 2024 to December 31, 2024 February 15, 2025 11. January 1, 2025 to March 31, 2025 May 15, 2025 12. April 1, 2025 to June 30, 2025 August 15, 2025 13. July 1, 2025 to September 30, 2025 November 15, 2025 14. October 1, 2025 to December 31, 2025 February 15, 2026 15. January 1, 2026 to March 31, 2026 May 15, 2026 16. April 1, 2026 to June 30, 2026 August 15, 2026 Final Invoicing Periods*: Due no later than: 1. July 1, 2026 to September 30, 2026 November 15, 2026 2. October 1, 2026 to December 31, 2026 February 15, 2027 B. All project expenditures (excluding costs associated with the completion of the Final Local Evaluation Report and Financial Audit Report) and all obligated match contributions must be incurred by the end of the grant project period, June 30, 2026, and included on the invoice due August 15, 2026. Project expenditures and match dollars incurred after June 30, 2026 will not be reimbursed/eligible for contribution. C. The Final Local Evaluation Report and Financial Audit Report is due to BSCC by December 31, 2026. Expenditures incurred solely for the completion of the Final Local Evaluation Report and Financial Audit Report will be reimbursed for the Page 92 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Chula Vista Police Department 808-22 Page 3 of 3 close-out period of July 1, 2026 through December 31, 2026 and must be submitted on the last invoice, due February 15, 2027. All fiscal supporting documentation for the Final Local Evaluation Report and Financial Audit Report expenditures must be submitted to the BSCC with this final invoice. D. An invoice is due to the BSCC even if grant funds are not expended or requested during the reporting period. E. Supporting documentation must be submitted for expenditures upon BSCC’s request. All supporting documentation must be maintained by the grantee on site and be readily available for review during BSCC site visits. 9. Cohort 5 Contingent Provision If the Grantee elects to accept a California Violence Intervention and Prevention Cohort 5 award, the Grantee must execute an amendment to this Agreement to do the following: 4. End service delivery for the Grantee’s Cohort 4 award on March 31, 2026. 5. Submit the final local evaluation report and audit report on October 31, 2026. 6. Amend the end date of this Agreement from December 31, 2026 to October 1, 2026. The requirement is intended to avoid overlap of service delivery periods under the Cohort 4 and Cohort 5 awards. Page 93 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 1 City of Chula Vista Agreement No.: 2022-078 Service Provider Name: SBCS Corporation Rev. 2/4/21 CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH SBCS CORPORATION TO PROVIDE MENTAL HEALTH SERVICES FOR THE CALIFORNIA VIOLENCE INTERVENTION & PREVENTION GRANT PROGRAM This Agreement is entered into effective as of July 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and SBCS Corporation, A California Corporation Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, since 1971, SBCS Corporation (formerly South Bay Community Services) has been working to transform communities to support the well-being and prosperity of children, youth and families throughout San Diego County; and WHEREAS, SBCS Corporation has partnered with the Police Department since 1985 and tailored their programs to meet the needs of the City; 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.] DocuSign Envelope ID: 2AA57966-540A-47F6-BD91-EB6E8B2082E7 R2022-169 Page 94 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2 City of Chula Vista Agreement No.: 2022-078 Service Provider Name: SBCS Corporation Rev. 2/4/21 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Contractor/Service Provider hereby agree as follows: 1. SERVICES 1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider provide additional services related to the Required Services (“Additional Services”). If so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided th erein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Contractor/Service Provider to provide additional security for performance of its duties under this Agreement, Contractor/Service Provider shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a business license from City. DocuSign Envelope ID: 2AA57966-540A-47F6-BD91-EB6E8B2082E7 Page 95 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 3 City of Chula Vista Agreement No.: 2022-078 Service Provider Name: SBCS Corporation Rev. 2/4/21 1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. 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 DocuSign Envelope ID: 2AA57966-540A-47F6-BD91-EB6E8B2082E7 Page 96 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 4 City of Chula Vista Agreement No.: 2022-078 Service Provider Name: SBCS Corporation Rev. 2/4/21 shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub- contractors 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. DocuSign Envelope ID: 2AA57966-540A-47F6-BD91-EB6E8B2082E7 Page 97 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 5 City of Chula Vista Agreement No.: 2022-078 Service Provider Name: SBCS Corporation Rev. 2/4/21 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service Provider waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. DocuSign Envelope ID: 2AA57966-540A-47F6-BD91-EB6E8B2082E7 Page 98 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 6 City of Chula Vista Agreement No.: 2022-078 Service Provider Name: SBCS Corporation Rev. 2/4/21 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor/Service Provider, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section 4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore, Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor/Service Provider’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City incurs in enforcing Contractor/Service Provider’s obligations under this Section 4. 4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractor/Service Providers performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. DocuSign Envelope ID: 2AA57966-540A-47F6-BD91-EB6E8B2082E7 Page 99 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 7 City of Chula Vista Agreement No.: 2022-078 Service Provider Name: SBCS Corporation Rev. 2/4/21 5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Contractor/Service Provider warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor/Service Provider further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors. Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. DocuSign Envelope ID: 2AA57966-540A-47F6-BD91-EB6E8B2082E7 Page 100 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 8 City of Chula Vista Agreement No.: 2022-078 Service Provider Name: SBCS Corporation Rev. 2/4/21 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents to service of process on Contractor/Service Provider by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind DocuSign Envelope ID: 2AA57966-540A-47F6-BD91-EB6E8B2082E7 Page 101 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 9 City of Chula Vista Agreement No.: 2022-078 Service Provider Name: SBCS Corporation Rev. 2/4/21 Contractor/Service Provider to its obligations hereunder without any further action or direction from Contractor/Service Provider or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the per formance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub-contractors/sub-Contractor/Service Providers. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers, employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider shall not incur or have the power to incur any debt, 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 sha ll 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, DocuSign Envelope ID: 2AA57966-540A-47F6-BD91-EB6E8B2082E7 Page 102 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 10 City of Chula Vista Agreement No.: 2022-078 Service Provider Name: SBCS Corporation Rev. 2/4/21 including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. End of page. Next page is signature page.) DocuSign Envelope ID: 2AA57966-540A-47F6-BD91-EB6E8B2082E7 Page 103 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 1 City of Chula Vista Agreement No.: 2022-078 Service Provider Name: SBCS Corporation Rev. 2/4/21 SIGNATURE PAGE CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. SBCS CORPORATION CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ KATHRYN LEMBO MARY CASILLAS SALAS PRESIDENT & CEO MAYOR ATTEST BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney DocuSign Envelope ID: 2AA57966-540A-47F6-BD91-EB6E8B2082E7 For Page 104 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 12 City of Chula Vista Agreement No.: 2022-078 Service Provider Name: SBCS Corporation Rev. 2/4/21 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Chula Vista Police Department Jonathan Alegre, Police Administrative Services Administrator 315 Fourth Avenue, Chula Vista, CA 91910 619) 476-2570 jalegre@chulavistapd.org For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Contractor/Service Provider Contract Administration: SBCS CORPORATION 430 F Street, Chula Vista, CA 91910 619) 420-3620 klembo@csbcs.org For Legal Notice Copy to: same as above] 2. Required Services A. General Description: Contractor/Service Provider will provide mental health services to support the California Violence Intervention and Prevention (CalVIP) Grant Program. B. Detailed Description: SBCS Corporation will provide mental health services as outlined in the proposal submitted to Board of State and Community Corrections (BSCC) for the California Violence Intervention and Prevention (CalVIP) Grant Program. Embedded within the Community Assessment Team, Juvenile Diversion, Alternatives to Detention and CHOICE programs, SBCS will allocate 1.5 FTE (full-time equivalent) therapists to provide mindfulness- based mental health services for Chula Vista youth under this grant. Together, SBCS and Chula Vista Police Department (CVPD) will work to align resources to improve public health and safety by supporting effective violence reduction initiatives, to include community outreach DocuSign Envelope ID: 2AA57966-540A-47F6-BD91-EB6E8B2082E7 Page 105 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 13 City of Chula Vista Agreement No.: 2022-078 Service Provider Name: SBCS Corporation Rev. 2/4/21 programs and focused deterrence strategies that seek to interrupt cycles of violence, with the goal of reducing the incidence of homicides, gun violence, and violent crimes. Project activities that support the goals and objectives of the California Violence Intervention and Prevention CalVIP) Grant Program include, but not limited to: Train CVPD School Resource Officers on aftercare services through enhanced Community Assessment Team (CAT), Juvenile Diversion, Alternatives to Detention (ATD) and CHOICE programs. Serve youth and their families who will participate in enhanced mental health services for CAT, Juvenile Diversion, ATD & CHOICE with enhanced restorative circles. Reach out to families referred by CVPD School Resource Officers within two business days of referral to assess needs. Ensure at least 90% of youth receiving enhanced services are successfully discharged from the program. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1, 2022 and end on June 30, 2025 for completion of all Required Services. 4. Compensation: A. Form of Compensation Time and Materials. For performance of the Required Services by Contractor/Service Provider as identified in Section 2.B., above, City shall pay Contractor/Service Provider for the productive hours of time spent by Contractor/Service Provider in the performance of the Required Services. B. Reimbursement of Costs None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through June 30, 2025 shall not exceed $1,000,656. 5. Special Provisions: Permitted Sub-Contractor/Service Providers: None. Security for Performance: None. Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for Insert Number of Terms additional terms, defined as a one-year increment or Enter a Specific Date. if applicable. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to Insert Percentage of Increase or Actual Dollar Amount for each extension. The City shall give written notice to Contractor/Service Provider of the City’s election to 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. DocuSign Envelope ID: 2AA57966-540A-47F6-BD91-EB6E8B2082E7 Page 106 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 14 City of Chula Vista Agreement No.: 2022-078 Service Provider Name: SBCS Corporation Rev. 2/4/21 None DocuSign Envelope ID: 2AA57966-540A-47F6-BD91-EB6E8B2082E7 Page 107 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 15 City of Chula Vista Agreement No.: 2022-078 Service Provider Name: SBCS Corporation Rev. 2/4/21 EXHIBIT B INSURANCE REQUIREMENTS Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes x). Type of Insurance Minimum Amount Form General Liability: Including products and completed operations, personal and advertising injury 2,000,000 per occurrence for bodily injury, personal injury including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 Must be primary and must not exclude Products/Completed Operations Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned Workers’ Compensation Employer’s Liability 1,000,000 each accident 1,000,000 disease policy limit 1,000,000 disease each employee Waiver of Recovery Endorsement Other Negotiated Insurance Terms: None. DocuSign Envelope ID: 2AA57966-540A-47F6-BD91-EB6E8B2082E7 Page 108 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 16 City of Chula Vista Agreement No.: 2022-078 Service Provider Name: SBCS Corporation Rev. 2/4/21 EXHIBIT C CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some Contractor/Service Providers, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also required to comply with certain ethics training requirements.3 A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation A. Full Disclosure B. Limited Disclosure (select one or more of the categories under which the Contractor shall file): 1. 2. 3. 4. 5. 6. 7. Justification: C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jonathan Alegre 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company). DocuSign Envelope ID: 2AA57966-540A-47F6-BD91-EB6E8B2082E7 Page 109 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda City of Chula Vista First Amendment to Agreement No.: 2025-255 Consultant Name: SBCS CORPORATION FIRST AMENDMENT TO THE CONTRACTOR/SERVICE PROVIDER AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND SBCS CORPORATION FOR MENTAL HEALTH SERVICES FOR THE CALIFORNIA VIOLENCE INTERVENTION & PREVENTION GRANT PROGRAM This First Amendment (“Amendment”) is entered into effective as of July 1, 2025 (“Effective Date”), by and between the City of Chula Vista (“City”), a California chartered municipal corporation, and SBCS Corporation (“Contractor/Service Provider”), a California nonprofit public benefit corporation. The City and Contractor/Service Provider may be referred to herein individually as a “Party,” or collectively as the “Parties.” RECITALS WHEREAS, on July 1, 2022, the City and the Contractor/Service Provider entered into that certain Agreement No. 2022-078 for Mental Health Services for the California Violence Intervention and Prevention Grant Program (“Agreement”) to support implementation of the California Violence Intervention and Prevention (“CalVIP”) grant awarded to the Chula Vista Police Department by the Board of State and Community Corrections (“BSCC”); and WHEREAS, by and through the Agreement, the Contractor/Service Provider delivers mindfulness-based and trauma-informed mental health services to Chula Vista youth in support of the CalVIP program’s goals of community-based violence reduction and prevention; and WHEREAS, the Agreement established a term of performance from July 1, 2022 through June 30, 2025, with a not to exceed amount of one million six hundred fifty-six dollars ($1,000,656) for Contractor/Service Provider’s performance of the Required Services; and WHEREAS, the BSCC has approved a no-cost extension of the CalVIP grant program through June 30, 2026, extending the period during which grant-funded services and matching contributions may be performed and reimbursed; and WHEREAS, to ensure full performance of the grant-funded services through the extended CalVIP program period, the Parties now desire and mutually agree to amend the Agreement to extend the term of performance through June 30, 2026, under the existing not to exceed compensation limit and all other original terms. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and conditions contained in this Amendment, the Parties agree as follows: AMENDMENT 1. DEFINED TERMS. All capitalized terms not specifically defined in this Amendment shall have the same definitions and meanings as set forth in the Agreement. 2. EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS. 2.1. Section 3 (Term). Section 3 of Exhibit A to the Agreement is hereby deleted in its entirety and replaced with the following: 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1, 2022 and end on June 30, 2026, for completion of all Required Services. Page 110 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda City of Chula Vista First Amendment to Agreement No.: 2025-255 Consultant Name: SBCS CORPORATION 2.2. Section 4 (Compensation). Section 4.B of Exhibit A to the Agreement is hereby deleted in its entirety and replaced with the following: B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through June 30, 2026, shall not exceed $1,000,656. 2.3. Extension of the term for Contractor/Service Provider’s performance by and through this Amendment does not increase the total not to exceed amount under the Agreement. 3. AGREEMENT CONFIRMATION; EFFECT OF AMENDMENT. 3.1. Except as expressly modified by this Amendment, all terms, conditions, covenants, and provisions of the Agreement remain unchanged and in full force and effect and are hereby ratified and confirmed by the Parties. 3.2. The Parties reaffirm that the maximum compensation amount and all compensation provisions in the Agreement remain unchanged and in full force and effect, and that no additional funding is authorized by this Amendment. 3.3. In the event of any conflict between this Amendment and the Agreement, the terms of this Amendment shall control, but only to the extent of such conflict. 4. AUTHORITY. Each Party represents and warrants that it has full rights, power, and authority to execute this Amendment and to perform its obligations hereunder, without the need for any further action under its governing instruments or additional approvals required for effectiveness of this Amendment, and that the individuals executing this Amendment on behalf of the Parties are duly authorized to do so. 5. COUNTERPARTS; ELECTRONIC SIGNATURES. This Amendment may be executed in counterparts, each of which is deemed an original, and all of which together constitute one and the same instrument. Signatures transmitted electronically or by digital signature platform acceptable to City shall be deemed original signatures for all purposes. 6. ENTIRE AGREEMENT AS AMENDED. The Agreement, together with this Amendment, constitutes the entire agreement between the Parties concerning its subject matter. [SIGNATURE PAGE TO FOLLOW] Page 111 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda City of Chula Vista First Amendment to Agreement No.: 2025-255 Consultant Name: SBCS CORPORATION SIGNATURE PAGE TO FIRST AMENDMENT TO THE CONTRACTOR/SERVICE PROVIDER AGREEMENT FOR MENTAL HEALTH SERVICES FOR THE CALIFORNIA VIOLENCE INTERVENTION & PREVENTION GRANT PROGRAM SBCS CORPORATION CITY OF CHULA VISTA APPROVED AS TO FORM [END OF DOCUMENT] Page 112 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 1 City of Chula Vista Agreement No.: 2022-079 Service Provider Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS Rev. 2/4/21 CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH SAN DIEGO ASSOCIATION OF GOVERNMENTS TO PROVIDE PROGRAM EVALUATION SERVICES FOR THE CALIFORNIA VIOLENCE INTERVENTION & PREVENTION GRANT PROGRAM This Agreement is entered into effective as of July 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and SAN DIEGO ASSOCIATION OF GOVERNMENTS, A California Corporation (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the San Diego Association of Governments (SANDAG) serves as the forum for regional decision-making for the San Diego region, which is governed by a Board of Directors of mayors, councilmembers, and county supervisors for each of the region’s 19 local governments; and WHEREAS, the Applied Research Division (ARD) of SANDAG will work with the City to support the goals and objectives outlined in the California Violence Intervention and Prevention (CalVIP) Grant Program; and WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] Page 113 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2 City of Chula Vista Agreement No.: 2022-079 Service Provider Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS Rev. 2/4/21 Page 114 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 3 City of Chula Vista Agreement No.: 2022-079 Service Provider Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS Rev. 2/4/21 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Contractor/Service Provider hereby agree as follows: 1. SERVICES 1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider provide additional services related to the Required Services (“Additional Services”). If so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by neglig ent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Contractor/Service Provider to provide additional security for performance of its duties under this Agreement, Contractor/Service Provider shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. Page 115 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 4 City of Chula Vista Agreement No.: 2022-079 Service Provider Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS Rev. 2/4/21 1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. 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. Page 116 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 5 City of Chula Vista Agreement No.: 2022-079 Service Provider Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS Rev. 2/4/21 2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreem ent by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ 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 Page 117 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 6 City of Chula Vista Agreement No.: 2022-079 Service Provider Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS Rev. 2/4/21 wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves Contractor/Service Provider from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service Provider waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be 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. Page 118 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 7 City of Chula Vista Agreement No.: 2022-079 Service Provider Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS Rev. 2/4/21 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor/Service Provider, its employees, agents or officers, or any third party. Neither City nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority or jurisdiction delegated to SANDAG under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify and save harmless City, all officers and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this Agreement. Neither SANDAG nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority, or jurisdiction delegated to City under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, the City shall fully defend, indemnify, and save harmless SANDAG, all officers, and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority, or jurisdiction delegated to City under this Agreement. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section 4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense and risk, 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 Page 119 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 8 City of Chula Vista Agreement No.: 2022-079 Service Provider Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS Rev. 2/4/21 pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore, Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor/Service Provider’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City incurs in enforcing Contractor/Service Provider’s obligations under this Section 4. 4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractor/Service Providers performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Contractor/Service Provider warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor/Service Provider further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors. Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Page 120 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 9 City of Chula Vista Agreement No.: 2022-079 Service Provider Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS Rev. 2/4/21 Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactor ily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents to service of process on Contractor/Service Provider by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. Page 121 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 10 City of Chula Vista Agreement No.: 2022-079 Service Provider Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS Rev. 2/4/21 7. OWNERSHIP AND USE OF WORK PRODUCT • All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. The parties acknowledge that each is subject to the California Public Records Act (PRA), Government Code 6250 et seq. and each may be required to disclose Work Product upon request. The parties agree to notify each other if a party receives a PRA for Work Product before disclosure of any Work Product. 8. GENERAL PROVISIONS 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 per formance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub-contractors/sub-Contractor/Service Providers. Page 122 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 11 City of Chula Vista Agreement No.: 2022-079 Service Provider Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS Rev. 2/4/21 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers, employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the 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.) Page 123 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 12 City of Chula Vista Agreement No.: 2022-079 Service Provider Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS Rev. 2/4/21 SIGNATURE PAGE CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF CHULA VISTA BY: ________________________________ MARY CASILLAS SALAS MAYOR ATTEST BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: ________________________________ Carol Trujillo City Attorney BY:________________________________ C,1'< BURKE 6(1,25',5(&7252)'$7$6&,(1&( APPROVED AS TO FORM BY: _______________________ Office of General Counsel E-SIGNED by MARY CASILLAS SALAS on 2022-11-02 22:49:50 GMT E-SIGNED by Kerry K. Bigelow, MMC on 2022-11-02 22:57:14 GMT E-SIGNED by Samantha Foulke on 2022-11-03 17:22:12 GMT E-SIGNED by Cindy Burke on 2022-11-03 20:09:34 GMT E-SIGNED by Carol Trujillo on 2022-11-02 22:04:16 GMT Page 124 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 13 City of Chula Vista Agreement No.: 2022-079 Service Provider Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS Rev. 2/4/21 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Chula Vista Police Department Jonathan Alegre, Police Administrative Services Administrator 315 Fourth Avenue, Chula Vista, CA 91910 (619) 476-2570 jalegre@chulavistapd.org For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Contractor/Service Provider Contract Administration: SAN DIEGO ASSOCIATION OF GOVERNMENTS 401 B Street, San Diego, CA 92101 (619) 699-1900 Cindy.Burke@sandag.org For Legal Notice Copy to: [same as above] 2. Required Services A. General Description: Contractor/Service Provider will provide program evaluation services to support the California Violence Intervention and Prevention (CalVIP) Grant Program. B. Detailed Description: San Diego Association of Governments (SANDAG) will perform grant program evaluation as outlined in the proposal submitted to Board of State and Community Corrections (BSCC) for the California Violence Intervention and Prevention (CalVIP) Grant Program. Serving as the outside evaluator, SANDAG will ensure ongoing monitoring and quality control of the grant program, as well as documenting and assessing achievement of proposed goals and outcomes. Project activities that support the goals and objectives of the California Violence Intervention and Prevention (CalVIP) Grant Program include, but not limited to: Page 125 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 14 City of Chula Vista Agreement No.: 2022-079 Service Provider Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS Rev. 2/4/21 • Attend meetings and collaborate with program partners and staff • Develop Local Evaluation Plan (identifying/capturing appropriate program measures) and submit to BSCC no later than January 3, 2023 • Provide timely data to program partners and staff to drive decisions • Conduct surveys regarding perception of services received • Conduct a process and outcome evaluation to measure how the project was implemented and what if effect it had on the target population • Complete quarterly reports describing progress made on program objectives • Complete Final Local Evaluation Report and submit to BSCC no later than December 31, 2025 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1, 2022 and end on December 31, 2025 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Contractor/Service Provider as identified in Section 2.B., above, City shall pay Contractor/Service Provider for the productive hours of time spent by Contractor/Service Provider in the performance of the Required Services. B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through December 31, 2025 shall not exceed $157,000. 5. Special Provisions: ☐ Permitted Sub-Contractor/Service Providers: None. ☐ Security for Performance: None. ☐ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for Insert Number of Terms additional terms, defined as a one-year increment or Enter a Specific Date. if applicable. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to Insert Percentage of Increase or Actual Dollar Amount for each extension. The City shall give written notice to Contractor/Service Provider of the City’s election to 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. ☒ None Page 126 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 15 City of Chula Vista Agreement No.: 2022-079 Service Provider Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS Rev. 2/4/21 EXHIBIT B INSURANCE REQUIREMENTS Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement Other Negotiated Insurance Terms: None. Page 127 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 16 City of Chula Vista Agreement No.: 2022-079 Service Provider Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS Rev. 2/4/21 EXHIBIT C CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some Contractor/Service Providers, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☐ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☒ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the Contractor shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☒ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code. 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 128 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 17 City of Chula Vista Agreement No.: 2022-079 Service Provider Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS Rev. 2/4/21 Completed by: Jonathan Alegre Page 129 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda City of Chula Vista First Amendment to Agreement No.: 2025-256 Consultant Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS FIRST AMENDMENT TO THE CONTRACTOR/SERVICE PROVIDER AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR PROGRAM EVALUATION SERVICES FOR THE CALIFORNIA VIOLENCE INTERVENTION & PREVENTION GRANT PROGRAM This First Amendment (“Amendment”) is entered into effective as of July 1, 2025 (“Effective Date”), by and between the City of Chula Vista (“City”), a California chartered municipal corporation, and SAN DIEGO ASSOCIATION OF GOVERNMENTS (“Contractor/Service Provider”). The City and Contractor/Service Provider may be referred to herein individually as a “Party,” or collectively as the “Parties.” RECITALS WHEREAS, on July 1, 2022, the City and the Contractor/Service Provider entered into that certain Agreement No. 2022-079 for Program Evaluation Services for the California Violence Intervention and Prevention Grant Program (“Agreement”) to support implementation of the California Violence Intervention and Prevention (“CalVIP”) grant awarded to the Chula Vista Police Department by the Board of State and Community Corrections (“BSCC”); and WHEREAS, by and through the Agreement, the Contractor/Service Provider performs independent program evaluation services, including preparation of a Local Evaluation Plan and a Final Local Evaluation Report, in accordance with the CalVIP program requirements; and WHEREAS, the Agreement established a term of performance from July 1, 2022 through December 31, 2025, with a not to exceed amount of one hundred fifty-seven thousand dollars ($157,000) for Contractor/Service Provider’s performance of the Required Services; and WHEREAS, the BSCC has approved a no-cost extension of the CalVIP grant program that extends the evaluation period and the deadline for submission of the Final Local Evaluation Report to December 31, 2026; and WHEREAS, to ensure timely and complete performance of the grant-required evaluation deliverables through the BSCC-approved evaluation close-out period, the Parties now desire and mutually agree to amend the Agreement to extend the term of performance through December 31, 2026, under the existing not to exceed compensation limit and all other original terms. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and conditions contained in this Amendment, the Parties agree as follows: AMENDMENT 1. DEFINED TERMS. All capitalized terms not specifically defined in this Amendment shall have the same definitions and meanings as set forth in the Agreement. 2. EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS. 2.1. Section 2 (Required Services). Section 2.B of Exhibit A to the Agreement is hereby deleted in its entirety and replaced with the following: B. Detailed Description: San Diego Association of Governments (SANDAG) will perform grant program evaluation as outlined in the proposal submitted to Board of State and Community Corrections (BSCC) for the California Violence Intervention and Prevention (CalVIP) Grant Program. Serving as the Page 130 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda City of Chula Vista First Amendment to Agreement No.: 2025-256 Consultant Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS outside evaluator, SANDAG will ensure ongoing monitoring and quality control of the grant program, as well as documenting and assessing achievement of proposed goals and outcomes. Project activities that support the goals and objectives of the California Violence Intervention and Prevention (CalVIP) Grant Program include, but are not limited to: • Attend meetings and collaborate with program partners and staff • Develop Local Evaluation Plan (identifying/capturing appropriate program measures) and submit to BSCC no later than January 3, 2023 • Provide timely data to program partners and staff to drive decisions • Conduct surveys regarding perception of services received • Conduct a process and outcome evaluation to measure how the project was implemented and what effect it had on the target population • Complete quarterly reports describing progress made on program objectives • Complete Final Local Evaluation Report and submit to BSCC no later than December 31, 2026 2.2. Section 3 (Term). Section 3 of Exhibit A to the Agreement is hereby deleted in its entirety and replaced with the following: 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1, 2022, and end on December 31, 2026, for completion of all Required Services. 2.3. Section 4 (Compensation). Section 4.B of Exhibit A to the Agreement is hereby deleted in its entirety and replaced with the following: B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through December 31, 2026, shall not exceed $157,000. 2.4. Extension of the term for Contractor/Service Provider’s performance by and through this Amendment does not increase the total not to exceed amount under the Agreement. 3. AGREEMENT CONFIRMATION; EFFECT OF AMENDMENT. 3.1. Except as expressly modified by this Amendment, all terms, conditions, covenants, and provisions of the Agreement remain unchanged and in full force and effect and are hereby ratified and confirmed by the Parties. 3.2. The Parties reaffirm that the maximum compensation amount and all compensation provisions in the Agreement remain unchanged and in full force and effect, and that no additional funding is authorized by this Amendment. 3.3. In the event of any conflict between this Amendment and the Agreement, the terms of this Amendment shall control, but only to the extent of such conflict. Page 131 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda City of Chula Vista First Amendment to Agreement No.: 2025-256 Consultant Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS 4. AUTHORITY. Each Party represents and warrants that it has full rights, power, and authority to execute this Amendment and to perform its obligations hereunder, without the need for any further action under its governing instruments or additional approvals required for effectiveness of this Amendment, and that the individuals executing this Amendment on behalf of the Parties are duly authorized to do so. 5. COUNTERPARTS; ELECTRONIC SIGNATURES. This Amendment may be executed in counterparts, each of which is deemed an original, and all of which together constitute one and the same instrument. Signatures transmitted electronically or by digital signature platform acceptable to City shall be deemed original signatures for all purposes. 6. ENTIRE AGREEMENT AS AMENDED. The Agreement, together with this Amendment, constitutes the entire agreement between the Parties concerning its subject matter. [SIGNATURE PAGE TO FOLLOW] Page 132 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda City of Chula Vista First Amendment to Agreement No.: 2025-256 Consultant Name: SAN DIEGO ASSOCIATION OF GOVERNMENTS SIGNATURE PAGE TO FIRST AMENDMENT TO THE CONTRACTOR/SERVICE PROVIDER AGREEMENT FOR PROGRAM EVALUATION SERVICES FOR THE CALIFORNIA VIOLENCE INTERVENTION & PREVENTION GRANT PROGRAM SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF CHULA VISTA APPROVED AS TO FORM [END OF DOCUMENT] Page 133 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda v . 0 0 5 P a g e | 1 January 6, 2026 ITEM TITLE City Election: Call an Election on June 2, 2026, to Conduct a Primary Election for Mayor, City Councilmembers for Districts 1 and 2, and City Attorney, and Adopt Regulations for Candidate Statements Report Number: 26-0015 Location: No specific geographic location Department: City Clerk G.C. § 84308 Regulations Apply: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt resolutions: A. Calling an election on June 2, 2026, for the purposes of conducting a primary municipal election for Mayor, two City Councilmembers, representing Districts 1 and 2, and City Attorney, consolidating the election with the statewide election, and requesting the County of San Diego Board of Supervisors to permit the Registrar of Voters to perform certain services for the conduct of the election; and B. Adopting regulations for candidate statements of qualifications. SUMMARY Approval of the item will call an election to be held on June 2, 2026, for the purpose of holding a primary municipal election to determine which candidates will be the runoff candidates in the November 2026 general election for Mayor, two City Councilmembers who will represent Districts 1 and 2, and City Attorney. Approval of the item will also establish regulations related to candidate statements. Page 134 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda P a g e | 2 ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION June 2026 Primary Election The Mayor, District 1 and District 2 City Councilmember, and City Attorney seats will be voted on in 2026 to fill each seat for a full, four-year term commencing in December 2026. The Chula Vista Charter requires that primary municipal elections be scheduled in conjunction with statewide primary elections. The next statewide primary election will be held on June 2, 2026. Pursuant to Charter section 901, the two candidates for each seat who receive the highest and second-highest number of votes cast in the June election will be the candidates in a runoff election to be held on November 3, 2026. For regular elections, the Charter requires a runoff, even if one candidate receives more than 50% of the votes cast in the primary election. If only two qualified candidates file nomination papers to participate in the primary municipal election for a particular seat, no June election will be held for that seat, and the two candidates will be the candidates at the runoff election in November. The period for filing nomination documents for the June 2026 primary election is February 9 through March 6, 2026, during normal office hours, as posted, in the Office of the City Clerk. Request for Consolidation California Elections Code section 10403 requires the City Council to adopt a resolution requesting the San Diego County Board of Supervisors to consolidate Chula Vista’s election with the statewide general election and to permit the Registrar of Voters to perform certain services in conjunction with the City’s election. Regulations for Candidate Statements of Qualifications California Elections Code Section 13307 provides that the local agency must adopt regulations pertaining to the materials prepared by candidates and the costs associated with them. Historically, the City has allowed each candidate to submit a candidate statement of no more than 200 words. Candidates who choose to file a candidate’s statement will be required to pay a deposit at the time their statements and nomination papers are filed with the City Clerk. Should the actual cost be less than the amount of the deposit, the balance will be refunded to the candidates, and should the actual cost be more, the candidates will be billed for the difference. Page 135 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda P a g e | 3 DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Councilmembers do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Councilmember of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Expenses for the primary election for the Mayor, two Councilmember seats, and City Attorney, including consolidating the election and other administrative costs, are estimated to be $656,950. Funds were budgeted as part of the Fiscal Year 2025-26 annual budget process and are expected to be sufficient to cover the primary election. The estimates are the best available at this time, as provided by the Registrar of Voters. Actual costs may vary. County of San Diego Administrative Code Section 439.1 requires that the City provide a deposit of the estimated election cost at least 60 days before the election. Upon the Registrar’s reconciliation, typically within six months of the election, a final bill (if costs were higher than anticipated) or a refund (if costs were lower than anticipated) is issued to the City. ONGOING FISCAL IMPACT There are no ongoing costs associated with conducting the election. Costs related to the November 2026 runoff election will be presented as part of the Fiscal Year 2026-27 annual budget process. ATTACHMENTS None. Staff Contacts: Kerry Bigelow, City Clerk, and Audrey Malone, Deputy Director of City Clerk Services Page 136 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING A PRIMARY MUNICIPAL ELECTION FOR MAYOR, TWO MEMBERS OF THE CITY COUNCIL, REPRESENTING DISTRICTS 1 AND 2, AND CITY ATTORNEY, TO BE HELD ON TUESDAY, JUNE 2, 2026; AND REQUESTING THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM CERTAIN SERVICES FOR THE CONDUCT OF THE ELECTION WHEREAS, in accordance with the provisions of the Chula Vista Charter and State law, a primary municipal election shall be held on June 2, 2026, for the purpose of determining which candidates will be the run-off candidates in the November 2026 election for Mayor, two City Councilmembers who will represent Districts 1 and 2, and City Attorney, each for a full term of four years commencing December 2026; and WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego authorizes the Registrar of Voters of the County of San Diego to render specified services relating to the conduct of an election to any city or district that has, by resolution, requested the Board of Supervisors to permit the Registrar to render the services, subject to requirements set forth in that section; and WHEREAS, Elections Code Section 10403 requires the City Council to adopt a resolution requesting the Board of Supervisors to consolidate Chula Vista’s primary municipal election with the statewide primary election and to permit the Registrar of Voters to perform certain services in conjunction with the City’s election; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that this activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the actions proposed are not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: SECTION 1. All of the foregoing recitals are true and correct. SECTION 2. That pursuant to the requirements of the Chula Vista Charter and the laws of the State of California, there shall be and there is hereby called and ordered to be held in the City of Chula Vista, California, on Tuesday, June 2, 2026, a primary municipal election of the qualified electors of the City for the purpose of electing a Mayor, two City Councilmembers to Page 137 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Resolution No. Page 2 represent Districts 1 and 2, and a City Attorney, all positions for the full term of four years, commencing in December 2026. SECTION 3. Pursuant to Elections Code section 10403, the Board of Supervisors of the County of San Diego is hereby requested to permit the Registrar of Voters to perform and render all services and proceedings and to procure and furnish any and all official ballots, notices, printed matter and all supplies and equipment and paraphernalia incidental to and connected with the conduct of the subject election of the City of Chula Vista, with the cooperation and assistance of the City Clerk of Chula Vista, in order to properly and lawfully conduct such election. SECTION 4. The Board of Supervisors of the County of San Diego is hereby requested to consolidate this election with the statewide election to be held on the same day in the same territory. Pursuant to Section 10411 and Section 10418 of the Elections Code, (a) the election shall be held in all respects as if there were only one election; (b) only one form of ballot shall be used; and (c) the Registrar of Voters of the County of San Diego shall canvass the returns of the subject election as part of the canvass of the returns of the election consolidated hereby. SECTION 5. Pursuant to Section 10410 and Section 10418 of the Elections Code within the territories affected by this consolidation, the election precincts, polling places, voting booths , and polling hours shall, in every case, be the same, and there shall be only one set of election officers in each of the precincts. SECTION 6. The County of San Diego shall be reimbursed in full for the services performed by the Registrar of Voters for the City of Chula Vista upon presentation of a bill therefor, and this City agrees to indemnify and save free and harmless the County, its officers, agents, and employees from expense or liability, including reasonable attorneys’ fees, as a result of an election contest arising after the conduct of this election. SECTION 7. The City Clerk is hereby directed to forthwith file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego and to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the election. SECTION 8. The polls (vote centers) of said election shall be open in accordance with the Vote Center model utilized by the County of San Diego pursuant to California Elections Code section 4005. The polls (vote centers) for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls (vote centers) shall be closed, pursuant to Election Code § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California. SECTION 9. The ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat. SECTION 10. In all particulars not recited in this resolution, said election shall be held and conducted as provided by law for holding municipal elections in this City. Page 138 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Resolution No. Page 3 SECTION 11. Notice of the time and place of holding this election is hereby gi ven, and the City Clerk is hereby authorized, instructed, and directed to give such further or additional notice of said election in time, form, and manner as required by law. SECTION 12. The City Clerk shall certify to the passage and adoption of this r esolution and file it with the City’s original resolutions. Presented by Approved as to form by Kerry K. Bigelow, MMC Marco A. Verdugo City Clerk City Attorney Page 139 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AT THE MUNICIPAL ELECTION TO BE HELD TUESDAY, JUNE 2, 2026 WHEREAS, Section 13307 of the Elections Code of the State of California allows each candidate for elective office to prepare a candidate statement of no more than 200 words on a form provided by the elections official; and WHEREAS, Section 13307 and the Federal Voting Rights Act require the elections official to include the written statements of each candidate in the voter information guide, with translation into all languages required by the County of San Diego; and WHEREAS, Section 13307 permits the governing body of any local agency to estimate the total cost of printing, handling, translating, mailing, and electronically distributing these candidate statements and to require each candidate filing such a statement to pay in advance their estimated pro rata share as a condition of having their statement included in the voter information guide. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: SECTION 1. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office running in the primary municipal election to be held in the City of Chula Vista on Tuesday, June 2, 2026, may prepare a candidate statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include the party affiliation of the candidate nor membership or activity in partisan political organizations. The statement shall be filed in the Office of the City Clerk during normal business hours, as posted, no sooner than Monday, February 9, 2026, and no later than Friday, March 6, 2026. The statement may be withdrawn, but not changed, during the stated period and until 5:00 p.m. on Monday, March 9, 2026. SECTION 2. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of San Diego. The County is required to translate candidate statements into the following languages: Spanish, Filipino, Vietnamese, and Chinese (traditional). The County will print, mail, and make available voter information guides and candidate statements in applicable languages as required. SECTION 3. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates’ statements filed pursuant to the Elections Code, including costs Page 140 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance their estimated pro rata share as a condition of having their statement included in the voter information guide. The estimate shall be an approximation of the actual cost and may be significantly more or less than the estimate. Accordingly, the City is not bound by the estimate and may, on a pro-rata basis, bill each candidate for additional actual expense or refund any excess paid depending on the final actual cost. SECTION 4. The City Clerk shall provide each primary municipal election candidate, or the candidate’s representative, with a copy of this resolution at the time their nomination papers are issued. An electronic copy is sufficient to meet this requirement. SECTION 5. No candidate will be permitted to include additional materials in the voter information packet. Presented by Kerry K. Bigelow, MMC City Clerk Approved as to form by Marco A. Verdugo City Attorney Page 141 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda v . 0 0 5 P a g e | 1 January 6, 2026 ITEM TITLE Agreement Extension: Approve an Amendment to Extend the Alternative Dispute Resolution Agreement Between the City and the Chula Vista Police Officer’s Association Report Number: 26-0026 Location: No specific geographic location Department: Human Resources G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving an amendment to extend the Alternative Dispute Resolution Agreement between the City of Chula Vista and the Chula Vista Police Officer’s Association for an additional year. SUMMARY On December 1, 2020, the City Council adopted a Memorandum of Understanding with the Chula Vista Police Officer’s Association (CVPOA) and approved the Alternative Dispute Resolution (ADR) Agreement, establishing an ADR pilot program for one year. Since inception Council has extended the program annually. Staff is requesting approval of an extension of the program for an additional year to January 12, 2027. ENVIRONMENTAL REVIEW 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. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 142 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda P a g e | 2 DISCUSSION In February 2019, the CVPOA approached the City requesting the implementation of a Workers’ Compensation ADR for claims made by the City’s sworn police personnel. On March 17, 2020, City Council approved and authorized the addition of 0.50 full-time equivalent (FTE) in the Human Resources Department to develop, implement, and administer the ADR pilot program. On December 1, 2020, the City Council adopted a Memorandum of Understanding with the CVPOA and approved the ADR Agreement, establishing an ADR pilot program for one year. On March 1, 2022, the City Council extended the ADR through January 12, 2023. On January 17, 2023, the City Council extended the ADR through January 12, 2024. On December 5, 2023, the City Council extended the ADR through January 12, 2025. On January 7, 2025, the City Council extended the ADR through January 12, 2026. Staff is requesting approval of a fifth extension of the program for an additional year extending the program to January 12, 2027. 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 cost of the program for the current fiscal year totals $20,259.12, which has already been incorporated into the current budget. ONGOING FISCAL IMPACT The program cost will increase by 3% on July 1, 2026. This increase will be considered as part of the annual budget development process. ATTACHMENTS 1. Alternative Dispute Resolution Agreement between the City of Chula Vista and the Chula Vista Police Officer's Association Dated December 7, 2020 2. Fifth Amendment to Labor Management Workers’ Compensation Alternative Dispute Resolution Agreement Between the City of Chula Vista and the Chula Vista Police Officer's Association Staff Contact: Tanya Tomlinson, Director of Human Resources/Risk Management Page 143 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN EXTENSION TO THE ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE OFFICER’S ASSOCIATION WHEREAS, in February 2019, the Chula Vista Police Officer’s Association (CVPOA) approached the City requesting the City implement a Workers’ Compensation Alternative Dispute Resolution (ADR) for claims made by the City’s sworn police personnel; and WHEREAS, on March 17, 2020, Council approved and authorized the addition of 0.50 full- time equivalent (FTE) in the Human Resources Department to develop, implement, and administer the ADR pilot program; and WHEREAS, on December 1, 2020, the City Council adopted a Memorandum of Understanding with the CVPOA and approved the ADR Agreement, establishing an ADR pilot program for one year; and WHEREAS, on March 1, 2022, the City Council adopted the First Amendment to the Memorandum of Understanding with the CVPOA and approved the extension of the ADR Agreement to January 12, 2023; and WHEREAS, on January 17, 2023, the City Council adopted the Second Amendment to the Memorandum of Understanding with the CVPOA and approved the extension of the ADR agreement to January 12, 2024; and WHEREAS, on December 5, 2023, the City Council adopted the Third Amendment to the Memorandum of Understanding with the CVPOA and approved the extension of the ADR agreement to January 12, 2025; and WHEREAS, on January 10, 2025, the City Council adopted the Fourth Amendment to the Memorandum of Understanding with the CVPOA and approved the extension of the ADR agreement to January 12, 2026; and WHEREAS, staff is requesting approval of an extension of the program for an additional year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves a fifth extension to the Alternative Dispute Resolution agreement between the City of Chula Vista and the Chula Vista Police Officer’s Association for an additional year to January 12, 2027. Page 144 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Presented by Approved as to form by Tanya Tomlinson Marco A. Verdugo Director of Human Resources/Risk Management City Attorney Page 145 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 1 of 8 ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN CITY OF CHULA VISTA AND CHULA VISTA POLICE OFFICER’S ASSOCIATION This Workers' Compensation Alternative Dispute Resolution Agreement Agreement”) is entered into by and between the City of Chula Vista (“City”) and the Chula Vista Police Officer’s Association (“POA”) (collectively, “parties”). This Agreement is created pursuant to California Labor Code Section 3201.7(a)(3)(C). The Parties, after meeting and conferring in good faith, hereby agree to the following: Nothing in this Agreement diminishes the entitlement of a covered employee to compensation payments for total or partial permanent disability, total or partial temporary disability, or medical treatment fully paid by the employer as otherwise provided for in Division 4 of the California Labor Code (“Workers’ Compensation Law”), nor to California Labor Code Section 4850 benefits. Nothing in this Agreement denies to any covered employee or the City the right to representation by counsel at all stages during this alternative dispute resolution process. Article I: Purpose/Joint Labor Management Committee A. The purpose of the Agreement is to provide Covered Employees, as defined in Article III, paragraph A below, claiming compensable injuries under Workers’ Compensation Law, with an alternative dispute resolution process with the intent of expeditiously resolving disputes. This purpose will be achieved by utilizing an exclusive list of agreed-upon medical providers (“Independent Medical Evaluators” or “IMEs”) to be the sole and exclusive source of medical evaluations for disputed issues surrounding covered employees in accordance with California Labor Code Section 3201.7(a)(3)(C). B. The City and POA agree to form a Joint Labor Management Committee JLMC”). This committee will be comprised of two (2)to three (3) City staff members to be determined and designated City in writing to the POA by the Human Resources Director and two (2) to three (3) POA representatives to be determined and designated in writing to the City by the POA President. The purpose of the JLMC is to develop and maintain a list of the exclusive Independent Medical Examiners, develop policy and procedures of the Alternative Dispute Resolution program; to review implementation and the progress of the program and address any issues at time frames agreed to by the committee; and to ensure that the program terms and conditions are administered in harmony with this Agreement. Additionally, the JLMC shall quarterly and prior to the termination of this Agreement review claims data for claims administered prior to the implementation of DocuSign Envelope ID: 90B12AD7-B634-4508-99CB-3DE21C03E87A R-2020-262ACN #2020-143 Page 146 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 2 of 8 this Agreement with claims data for claims administered under the provisions of this Agreement to examine the effectiveness of this program. Article II: Term of Agreement The parties understand that this Agreement governs a pilot program and that this Agreement shall become effective on or after January 1, 2021 after it is approved by the Chula Vista City Council, executed by the parties, submitted to the Administrative Director (“Director”) of the State of California, Department of Industrial Relations, Division of Workers’ Compensation, in accordance with Title 8, California Code of Regulations, Section 10202(d), and accepted by the Director as evidenced by the Director’s letter to the parties indicating approval of the Agreement. This Agreement shall remain in effect for one year from the date of the Director’s letter of approval to the parties. Any claim arising from an industrial injury that is covered by this Agreement and sustained before the termination of this Agreement shall continue to be covered by the terms of this Agreement, until all medical issues related to the pending claim are resolved. The parties reserve the right to terminate this Agreement during the term of this Agreement at any time for good cause, by mutual agreement, or by act of the Legislature. The terminating party must give at least 30 calendar days written notice to the other party of the intent to terminate, including an explanation of the good cause. Upon termination of this Agreement, the parties shall become fully subject to the provisions of the applicable California Labor Code provisions. Article III: Scope of Agreement A. This Agreement applies only to injuries, as defined by Workers’ Compensation Law, claimed by the following (referred to herein collectively as Covered Employees”): (1) active City employees who represented by the POA bargaining group and (2) active City employees whose classification is represented by the POA, who have filed a claim, and are in the ADR program, but subsequently retire before the claim is resolved. B. Active employees with an existing claim filed prior to the effective date of this agreement (pre-existing claim) that have not already had a medical-legal evaluation under the State’s AME/QME system may request to resolve their claim under the provisions of this agreement. Such requests should be made in writing to the City’s third-party claims administrator (TPA). The decision to accept a pre-existing claim into the alternative dispute resolution program will lie with both the City and the POA. If a request is made to utilize the alternative dispute resolution program for a pre-existing claim and that request is approved, all future disputes on said claim must be resolved according to the provisions of this agreement. Use of the alternative dispute resolution DocuSign Envelope ID: 90B12AD7-B634-4508-99CB-3DE21C03E87A Page 147 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 3 of 8 program may not be used to relitigate previously resolved or adjudicated issues. The scope of this agreement does not apply to retirees that have a future medical dispute that is outside the five-year statute of limitations or Labor Code Section §5804. C. Injuries occurring and claims filed after termination of this Agreement are not covered by this Agreement. D. This Agreement is restricted to 1) establishing an exclusive list of IMEs to be used for medical dispute resolution of covered employees, and 2) establishing a process for informal legal discovery in accordance with Article V. For purposes of this Agreement, a “claimed injury” is one for which either a Workers’ Compensation Claim Form DWC-1 or an Application for Adjudication of Claim has been filed with the Workers’ Compensation Appeals Board (“WCAB”). Article IV: Expedited Independent Medical Evaluator Process A. This Agreement does not constitute a Medical Provider Network MPN”). However, all covered employees must utilize the City’s MPN, if applicable, for treatment purposes during the time the City maintains and utilizes the MPN. The MPN is governed by California Labor Code Section 4616 et seq and the City’s TPA will provide authorization for all initial medical treatment consultations and medical treatment consistent with the Labor Code. Physicians who act as a covered employee’s treating physician or have provided treatment to the covered employee shall not act as the IME in the covered employee’s claim. Pre-designation of a physician must comply with the requirements set forth in California Labor Code Section 4600(d)(1)-(2)(C). B. All covered employees with a disputed medical issue as described in Article IV, paragraph D below must be evaluated by an approved physician from the exclusive list of IMEs. Attached hereto as Exhibit A is the exclusive list of IMEs agreed upon by the parties. Should the covered employee claim injuries requiring more than one IME specialist, the covered employee shall be provided an IME appointment in each area of specialty, if necessary. If the IME requires the opinion of an additional sub- specialist, the IME shall advise the claims examiner, who shall then select an approved medical provider in the requested specialty from the agreed-upon IME list. The IME may not refer the covered employee to the covered employee’s treating physician for this purpose. The consulting sub-specialist’s charges are subject to the Official Medical Fee Schedule promulgated by the California Division of Workers’ Compensation administrative director. C. The exclusive list of IMEs shall include the IMEs’ respective specialties as agreed upon by the parties. If an IME for a specialty is not listed on the aforementioned list, the JLMC shall identify an IME for said specialty by mutual agreement. D. An IME shall be used for all medical disputes that arise in connection with a workers’ compensation claim including, but not limited to, determination of DocuSign Envelope ID: 90B12AD7-B634-4508-99CB-3DE21C03E87A Page 148 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 4 of 8 causation, the nature and extent of an injury, a Rolda analysis (if applicable), the nature and extent of permanent disability and apportionment, work restrictions, ability to return to work (including transitional duty), resolution of all disputes arising from utilization review (UR), and future medical care, including the need for spinal surgery. The parties agree that the covered employee shall use the originally chosen IME for all subsequent disputes and injuries claimed arising under this Agreement. In the event that said IME is no longer available, the parties shall utilize the next specialist on the list pursuant to Article IV, paragraph I(5) below. E. The IME process described above will be triggered when either party provides the other written notice of an objection in connection with any issues set forth in Article IV, paragraph D above. A delay letter to the claim gives the covered employee the basis to file a written objection thereby triggering the IME process. A delay letter without objection, will not automatically trigger the IME process. Objections from the City shall be sent to the covered employee with a copy to the covered employee’s legal representative, if represented, and if the covered employee/legal representative gives notice to the City that the covered employee is represented. Objections from the covered employee or covered employee’s legal representative shall be sent to the covered employee’s assigned claims examiner with a copy to the City and City’s legal representative, if applicable. F. Objections shall be sent within 30 calendar days of receipt of a medical report addressing any of the issues set forth above. Delayed decisions based on legal issues shall not trigger the IME process. A subsequent acceptance of the claim and/or resolution of the disputed issue may eliminate the need for completion of the IME process set forth in this Agreement. G. The exclusive list of IMEs shall serve as the exclusive source of medical evaluations for all disputed medical issues arising from a claimed injury, unless otherwise agreed to by the parties in writing. H. The parties hereby agree that from time to time the exclusive list of IMEs may be amended. For either party to propose adding an IME to the exclusive list of IMEs, the party must provide notice, in writing, to the other party of its request to add a physician to the list. The parties must mutually agree in writing to the addition of physicians to the IME list. A physician may only be deleted from the exclusive list of IMEs if that physician breaches the terms and conditions of his/her contract with the City or by written mutual agreement of the parties. The exclusive list of IMEs shall be reviewed quarterly, or as otherwise agreed upon, by both parties for proposed additions and/or deletions of IMEs. Any physician proposed for addition or deletion after the quarterly review period will be reviewed at the next scheduled quarterly review period. I. Appointments DocuSign Envelope ID: 90B12AD7-B634-4508-99CB-3DE21C03E87A Page 149 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 5 of 8 1.The City’s Third-Party Administrator (“TPA”) shall schedule any appointment(s) between the IME and covered employee and provide notice of the appointment(s) to the covered employee within 10 business days after the receipt of the objection and when all relevant records have been received by the TPA. The notice of the appointment shall include the location, date, and time of the appointment. 2. The covered employee shall be responsible for providing the City’s TPA with his/her work schedule prior to an appointment being made, so that appointments can be made, if possible, during a covered employee’s non- working hours. 3. Compensation for attending medical appointments under this Agreement shall be consistent with California Labor Code requirements. 4.Mileage reimbursement to covered employees shall be in accordance with California Labor Code Section 4600(e)(2) unless transportation is provided by the City. 5.For purposes of appointments, the City’s TPA shall select the IME(s) by starting with the first name listed on the exclusive list of IMEs within the appropriate specialty, and continuing down the list, in order, until the list is exhausted, at which time the City’s TPA will resume using the first name on the list. Said list of IMEs shall be organized in alphabetical order by the IMEs’ last names. IMEs that cannot meet the appointment timeframes designated in the Physician Contract shall be bypassed for the next available IME on the list. The TPA will maintain a log of the number of disputed claims, the type of disputes, the type of body part claimed, the time frames for setting IME appointments and receiving the IME report and the dispute outcomes. 6. The IME shall submit the medical reports 30 calendar days following examination of the covered employee, pursuant to the terms of the IME’s contract, unless a longer period of time is agreed to by the parties. J. The City is not liable for the cost of any medical examination used to resolve disputes governed by this Agreement where said examination is furnished by a medical provider that is not authorized by this Agreement. Medical evaluations shall not be obtained outside of this Agreement for disputes covered by this Agreement, notwithstanding California Labor Code Section 4605. K. Both parties shall be bound by the opinions and recommendations of the IME selected in accordance with the terms of this Agreement, subject to legal challenges brought by the parties, before the WCAB. L. Either party who receives records prepared or maintained by the treating physician(s), or records, either medical or nonmedical, that are relevant to the determination of the medical issue, shall serve those records on the other party immediately upon receipt. If a party objects to the provision of any nonmedical DocuSign Envelope ID: 90B12AD7-B634-4508-99CB-3DE21C03E87A Page 150 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 6 of 8 record(s) to the IME, the party shall object within 10 calendar days of the service of record(s) to the other party. Objecting to the provision of nonmedical records may result in the denial of the claim on the basis that the IME did not have complete and accurate information. There shall be no objection to the provision of medical records to the IME, subject to the provisions of the California Labor Code. M. The City’s TPA shall provide to the IME records prepared or maintained by the covered employee’s treating physician(s) and medical and nonmedical records relevant to the determination of the medical issue(s). The City’s TPA shall prepare a list of all documents provided to the IME and shall serve a copy of the list on the covered employee and/or on his/her legal or other representative. N. All communications with the IME shall be in writing and shall be served on the opposing party. This provision does not apply to routine discussions between the covered employee and the IME during the examination but may be reported in the IME’s report. O. Ex parte communication with the IME is prohibited. If a party or their legal representative communicates with the IME in violation of paragraph N and/or O of Article IV, the aggrieved party may elect to terminate the medical evaluation and seek a new evaluation from the next IME chosen from the exclusive list of IMEs pursuant to Article IV, paragraph I(5) above. If a new examination is required, the party making the communication prohibited herein shall be liable for the cost of the initial medical evaluation. P. If either party disputes a medical finding of the IME, they shall notify the other party of this dispute by way of written objection within 14 calendar days of actual receipt of the IME’s report. All disputes of this nature shall be resolved either by way of supplemental interrogatory and report or by way of deposition. Q. If additional records are discovered either prior to the IME report or after the IME report is sent to the parties, the following procedures will be followed, subject to objection as set forth in Article IV, Paragraph L above: (1) if discovered prior to the IME report being sent to the parties, such records will be provided to the IME and the IME report will consider the records as part of the report; or (2) if discovered after the IME report is sent to the parties, such records will be provided to the IME doctor and a supplemental report will be issued with the records being considered. Article V: Discovery A. Covered employees will cooperate and provide the City’s TPA with fully executed medical, employment and concurrent employment releases, disclosure statements, and any other documents and information reasonably necessary for the City to resolve the covered employee’s claim, when requested, subject to the limitations set forth in the CCP and Labor Code. If the covered employee fails to return the executed releases and it is determined that the medical information is not sufficient for the IME to DocuSign Envelope ID: 90B12AD7-B634-4508-99CB-3DE21C03E87A Page 151 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 7 of 8 provide a comprehensive evaluation, the parties shall meet to resolve the issue(s) within 14 calendar days prior to setting a medical evaluation. This Article does not supplant or diminish the parties’ rights to pursue or contest discovery issues pursuant to the remedies provided in the California Labor Code or by the WCAB. B. This Agreement does not preclude a formal deposition of a covered employee or IME when necessary pursuant to the right of discovery in accordance with applicable provisions of law. The need for a formal deposition may delay the scheduling of an appointment with an IME until the deposition has been completed. Attorney’s fees for depositions of covered employees shall be paid at a rate consistent with California Labor Code Section 5710. This rate of reimbursement for attorney’s fees for depositions of covered employees is subject to an annual review to determine if adjustments to said rate of reimbursement should be made. There shall be no attorney’s fees for depositions of IMEs or other physicians. The current rate will be $375/ hour. Article VII: General Provisions A. This Agreement constitutes the entire understanding of the parties and supersedes all other agreements, oral or written, with respect to the subject matter in this Agreement. B. This Agreement shall be governed and construed pursuant to the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the City of Chula Vista, State of California, or any other appropriate court in such City. C. This Agreement, including all attachments and exhibits, shall not be amended, nor any provisions waived, except in writing signed by the parties which expressly refers to this Agreement. D. If any portion of this Agreement is found to be unenforceable or illegal the remaining portions shall remain in full force and effect. E. This Agreement may be executed in counterparts. F. Notice required under this Agreement shall be provided to the parties as follows: CITY: Courtney Chase Director of Human Resources/Risk Management City of Chula Vista POA: John A. Ferrone, Esq. Adams, Ferrone & Ferrone DocuSign Envelope ID: 90B12AD7-B634-4508-99CB-3DE21C03E87A Page 152 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda age 8 of 8 Executed at San Diego, California. CITY OF CHULA VISTA: By: __ Date: ______________________________________ CHULA VISTA POLICE OFFICER’S ASSOCIATION: By: __ Date: ______________________________________ APPROVED AS TO FORM: By: __ City Counsel Date: ______________________________________ Courtney Chase, Director of Human Resources/Risk Management David Martinez Mary Casillas Salas, Mayor DocuSign Envelope ID: 90B12AD7-B634-4508-99CB-3DE21C03E87A 12/7/2020 12/7/2020 12/7/2020 Page 153 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda FIFTH AMENDMENT TO LABOR MANAGEMENT WORKERS’ COMPENSATION ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE OFFICERS ASSOCIATION This Fifth Amendment (“Fifth Amendment’) shall update the existing language related to the Alternate Dispute Resolution Agreement (“Agreement”) that is currently in effect by and between the City of Chula Vista (“City”) and the Chula Vista Police Officer’s Association (“CVPOA”), pursuant to California Labor Code Section 3201.7(a)(3)(c) as follows: 1.Pursuant to this Fifth Amendment, the parties herein agree to extend the terms and conditions of the Labor-Management Agreement- ADR MOU for another year to January 12, 2027. 2.All other terms and conditions of the Agreement not modified by the First, Second, Third, Fourth and this Fifth Amendment shall remain in full force and effect. David Martinez President, Chula Vista POA Date Tiffany Allen City Manager Date Page 154 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda The first ten amendments to the United States Constitution, known as the Bill of Rights,are as follows: First Amendment:Protects the freedoms of speech,religion,press,a ssembly,and petition. Written Communications - PC Acosta - Received 12/31/2025 Page 155 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda yes! ALWAYS AND FOREVER REMEMBER This park Michael Inzunza was unsuccessful blocking. MICHEAL INZUNZA GROW UP, STEP DOWN, RESIGN Page 156 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda READER News Under the Radar February 14, 2018 S.D. marijuana merchants pour cash into political action committee With marijuana sales finally legalized in California, local pot merchants have been pouring cash into a political action committee known as Citizens for Public Safety and Safe Access, sponsored by the Association of Cannabis Professionals. … Individual donors Ramzi Murad of El Cajon Page 157 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Councilman Michael Inzunza's Post Councilman Michael Inzunza is with Ditas Yamane and 3 others in Scripps La Jolla. August 22 · Spent yesterday morning at Scripps Health with my team understanding the federal impact on local health care, back to city hall with Finance board for Community Power then off to present to the Asian Business Association. Let’s go Chul a Vista!! Cesar, I question why Michael Inzunza on His post did not address you as Council Member nor His colleague. Michael Inzunza addressed you as “ Part of his team”. Is that what you want to be known as Michael Inzunza Team member? is that what I should Call you? Michael Inzunza Team Member Is that what you want the Public to Call you Michael Inzunza Team Member Is that why Inzunza went and crash your community meeting, Knowing he could Knowing you, would not stop Him. Remember Inzunza crashed your meeting and made it all about himself. Page 158 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda GOVERNMENT LIES, CORRUPTION AND MISMANAGEMENT Editor of Sweetwater Union High School District's Blurb Magazine Spent Almost $10,000 on Phone Calls School district paid $9,788 for teacher Inzunza's cell phone use By Leslie Wolf Branscomb UNION-TRIBUNE STAFF WRITER July 2, 2005 •Inzunza made the most calls, more than 500, to family friend and political consultant Marco Polo Cortes. His brothers, National City Mayor Nick Inzunza and San Diego City Councilman Ralph Inzunza Jr., were also frequently called, as was his father, former National City Councilman Ralph Inzunza Sr. •In those two years Inzunza made and received more than 1,600 calls between 10 p.m. and 5 a.m. –nearly one-third of them after midnight •There were calls to Tijuana, Mexicali, •Miami, New York, Las Vegas and Wisconsin, and numerous calls to home and cell phone numbers in the Los Angeles area. •Dozens of calls were made on holidays including Christmas, Easter and Thanksgiving, and numerous calls on weekends and after working hours to businesses that were not school-related or blurb advertisers, •including movie theaters, restaurants, video rental stores, auto repair shops, music stores, hotels and nightclubs. Page 159 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 160 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Council Members Michael Inzunza Need you more then you need him! Do not permit Michael Inzunza to Disrespect you. Do not permit Michael Inzunza Verbally abuse you. Do not permit Michael Inzunza influence or control your decision when Voting. Do not permit Michael Inzunza claim you as his own. Do not permit Michael Inzunza claim you as member his team. If you can not control his behavior, then Censor Him or Suspender Him Michael Inzunza has experience been Suspended. As Michael Inzunza was Suspended, at Master DEI Catholic School Page 161 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Michel Inzunza were YOU having a melt down in the back? because you. could not block the Filipino American Veterans Park While members of the community celebrated in Front SHAME ON YOU MICHAEL INZUNZA Page 162 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 163 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Verdugo proposes council member suspension. By Albert Fulcher 11/24/2023 •Chula Vista City Attorney candidate Attorney Marco Verdugo held a press conference in the Chula Vista City Council courtyard Monday, proposing a three-point comprehensive Anti-Corruption Action Plan to fight corruption and hold City Hall accountable. •Verdugo’s three-point plan is to reinforce the City’s system of checks and balances by convening legal experts to recommend revisions to the City Charter, including granting the City the authority to investigate and recommend the suspension of council members’ authority by a four -fifths super majority when there is evidence of corruption or malfeasance in office, with a clawback provision that requires them to pay back their salary during their suspension if they are convicted of a felony, and to establish a transparent process for the City’s actions, ensuring due process and protecting against political misuse of power. •Verdugo said suspending a council member by revising the City Charter is legally sound. Page 164 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda § 30.12 CENSURE OF COUNCIL MEMBER. (A) (1) The Council has the inherent right to make and enforce its own rules and to ensure compliance with those laws generally applicable to public bodies. (2) Should any Council member act in any manner constituting a substantial violation of these rules or other general laws, the Council, acting as a whole, may discipline that Council member to the extent provided by law, including public reprimand. Page 165 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda MICHEAL INZUNZA YOU ARE AND ADULT Is not normal for an Adult to be hanging out in Schools. Let’s Never Forget That According to documents I received and a gave a copy to Chula Vista City Attorney and Chula Vista City Clerk you were suspended. then place on leave. and your contract was never renewed Another, words you got FIRED due to a Racial Incident involving a Little African American Kid Written Communications - PC Acosta - Received 01/02/2026 Page 166 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Michael Inzunza, You went PSYCHOTIC on Robert about reposting one of your posts that include a picture of your Children. Did you receive written permission from students’ parents to photograph their underage Children and post their picture in your social media? Event was not open to the public, nor it was held in a public place. Michael, it seem clear to me that you abused public trust. posting Students pictures there must be consequence for what you did what if someone do that to your Children would you still be smiling? Following your example, it means Robert could continue posting pictures, if he wants to MICHEAL INZUNZA at Olympian High School I believe that you are the worse person to speak with High School Students regarding careers MICHEAL INZUNZA Did you notified or receive permission from their parents or authorization to speak to their underage Children Written Communications - PC Acosta - Received 01/02/2026 Page 167 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Written Communications - PC Acosta - Received 01/02/2026 Page 168 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Chula Vista Municipal Code https://chulavista.municipal.codes › CVMC 8.12.040 Food handler training | Chula Vista Municipal Code 8.12.040Food handler training. No person shall act as or be engaged as a food handler unless such person: (1) possesses a valid food handler training certificate as described in subsection (A)of this section, A.Food Handler Training Certificate.Food handler training certificates or renewals thereof shall be issued by the health officer, or any other qualified person or agency as may be designated by the health office Written Communications - PC Acosta - Received 01/02/2026 Page 169 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Michael Inzunza you lied to me. I will never believe what you say. nor will I ever trust you! REMEMBER Trust is like virginity. once you lose it you will never get it back. Written Communications - PC Acosta - Received 01/02/2026 Page 170 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda MICHAEL Inzunza ARE YOU racists or a Bully? or Both ? You might have cause mental trauma calling an African American Kid a PUNK Then you pose for a picture with Students displaying a White Supremacy sign Written Communications - PC Acosta - Received 01/02/2026 Page 171 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda NATIONAL SECURITY The 'OK' Hand Gesture Is Now Listed As A Symbol Of Hate and White Supremacy SEPTEMBER 26, 20194:27 PM ET Michel Inzunza, You suspended an African American Kid and called him a PUNK because of his hair . Then you pose for picture with Students displaying a White Supremacy sign is that what you permit and teach the young minds? Let me remind you, “you are Mexican American” Written Communications - PC Acosta - Received 01/02/2026 Page 172 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda CATHOLIC SCHOOL THAT SUSPENDED STUDENT OVER BRAIDS REVERSES DECISION •January 15, 2020 •Catholic school, Mater Dei High School, suspended a mixed-race student for violating the “dress code” on Wednesday but removed the penalty after online backlash. •Michael Inzunza, assistant principal for student safety and discipline, reminded the sophomore of the rule that boys’ hair cannot be longer than mid-ear on the sides, touch their shirt collars, nor fall past their eyebrows in the front and ordered him to cut it. When the student refused, he was suspended. Written Communications - PC Acosta - Received 01/02/2026 Page 173 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Written Communications - PC Acosta - Received 01/02/2026 Page 174 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Written Communications – PC Morales – Received 01/05/2026 From: RENE MORALES Sent: Sunday, January 4, 2026 11:19 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: City Council Meeting Comment WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Hi, My name is Rene Morales. I am a 22-year military veteran and a 17-year resident of Chula Vista. I am addressing the City Council regarding the weak and inadequate response to multiple complaints of harassment through surveillance that have been ongoing for nearly three years within city limits, including incidents involving close neighbors. This prolonged activity has created an atmosphere that directly contradicts the ethical standards this Council is responsible for protecting. I initially raised these concerns with the Mayor’s Office and was redirected to the Chula Vista Police Department. When I followed that guidance, I was provided a report that did not include my name and did not accurately reflect my complaint, demonstrating a lack of transparency and accountability. I currently have an Internal Affairs investigation complaint pending with SDPD that has also gone unanswered. The absence of communication, clarity, or formal findings only compounds the seriousness of this matter. There are additional concerns regarding the potential misuse of city assets to provoke responses or manufacture a desired outcome. This issue has been repeatedly deflected without resolution. You don't often get email from Page 175 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Written Communications – PC Morales – Received 01/05/2026 I am formally demanding a response. I intend to continue elevating this matter through all appropriate oversight and accountability channels until a transparent, documented response is provided. If this is happening to me, it raises serious concerns about how many other residents may be experiencing similar treatment without recourse. Silence and deflection are not acceptable substitutes for leadership. Best, Rene F. Morales Accountant | M.A./B.S. Human Resources | USN Veteran Chula Vista, CA Page 176 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Written Communications – PC Fredrickson – Received 1/6/2026 From: Jenné Fredrickson Sent: Tuesday, January 6, 2026 11:55 AM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Public Comment WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can conﬁrm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Hi ! Can you attach this to public comments ? I saw McCann blame the Parks & Rec for the horse situation when it’s documented across the internet Johnny wants pickleball courts everywhere in CV Page 177 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Written Communications – PC Fredrickson – Received 1/6/2026 Page 178 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda v . 0 0 5 P a g e | 1 January 6, 2026 ITEM TITLE Housing Grant Funds: Federal Block Grant Programs Funding Priorities for Fiscal Year 2026/27 Report Number: 26-0003 Location: No specific geographic location Department: Housing and Homeless Services G.C. § 84308 Regulations Apply: No Environmental Notice: The proposed 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. Under the National Environmental Policy Act (“NEPA”) the activity is exempt pursuant to Title 24, Part 58.34(a)(2)-(3) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing & Urban Development Environmental Guidelines. Recommended Action Conduct the public hearing and accept the report. SUMMARY As a Department of Housing and Urban Development Entitlement Community, the City of Chula Vista (“City”) receives Community Development Block Grant, HOME Investment Partnerships Act Program, and Emergency Solutions Grant Program funds annually. These grants are aimed to fund diverse programs and services to enhance the quality of life for Chula Vista’s most vulnerable populations. The City prepares an Annual Action Plan for use of the funds describing the housing and community development needs of the City’s low/moderate-income residents and outlines the strategies to address those needs. This Public Hearing will provide the community with an overview and an opportunity to provide input on the Goals and Funding priorities established through the 2025-2029 Five-Year Consolidated Plan. ENVIRONMENTAL REVIEW The proposed activity was reviewed for compliance with CEQA, and it was determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Page 179 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda P a g e | 2 Guidelines, the activity is not subject to CEQA. Under NEPA, the activity is exempt pursuant to Title 24, Part 58.34(a)(2)&(3) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing & Urban Development Environmental Guidelines. Thus, no further environmental review is necessary at this time. This determination is predicated on CEQA Guidelines Section 15004 which provides direction to lead agencies on the appropriate timing for environmental review. Projects for which these grant funds are intended will require preparation of environmental documents in accordance with the State CEQA Guidelines, NEPA, and the City’s Municipal Code. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION U.S. Department of Housing and Urban Development (“HUD”) Entitlement jurisdictions receive Community Development Block Grant (“CDBG”), HOME Investment Partnerships Act (“HOME”) Program, and Emergency Solutions Grant (“ESG”) Program annual allocations via a formula-based system determined by statistical and demographic data. The funds aim to address HUD’s performance measurement framework and were each enacted with a distinct community need as further described below. CDBG: The primary objective of the CDBG program is the development of viable urban communities through decent housing, a suitable living environment and expanding economic opportunities for low/moderate-income persons. Activities funded under this program must address one of three National Objectives: 1. Benefit to low/moderate-income persons through social services, housing or infrastructure projects; 2. Aid in the prevention or elimination of slums and blight through residential or commercial rehabilitation; or 3. To meet an urgent need such as a natural disaster or pandemic. Historically, the City has utilized this flexible funding source to fund social services programs as well as improve public facilities and construct new streets and sidewalks. HOME: The purpose of the program is to create and retain affordable housing. The type of assistance allowable under this program includes new construction of owner-occupied housing, rehabilitation of owner-occupied housing, assistance to homebuyers, new construction of rental housing, rehabilitation of rental housing, and tenant-based rental assistance. In the past, the City has leveraged HOME funds by providing tenant based rental assistance, gap financing to first-time homebuyers, and loans for developers investing in our community by creating new affordable housing units such as Lofts on Landis, Duetta, and Volta. ESG: The program was created specifically to address homelessness as it provides grant funding to engage and rapidly re-house homeless individuals and families as well as help operate and provide essential services in emergency shelters. Funds may also be used to prevent individuals and families from becoming homeless through rapid re-housing programs. Currently the City is utilizing ESG funds for operational costs for shelters designated for victims of domestic violence and homeless prevention. Page 180 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda P a g e | 3 As a recipient of these funds, the City is required to prepare a five-year Consolidated Plan (“5-Year Plan”) describing the housing and community development needs of the City’s low/moderate-income residents and outlining strategies to address those needs over a five-year period. The 5-Year Plan provides the necessary policy guidance for implementation of programs and services to be funded, as further detailed in the Action Plan submitted to HUD as the formal funding application for the respective program year. As a reference, the City is currently in the first year of its 2025-2029 5-Year Plan. Citizen Participation through Planning Process Engaging residents and community members in defining and understanding the current housing and community development needs while prioritizing resources to address these needs is a key component of the development of the 5-Year Plan. The City is required by HUD to gather input from its residents including minorities, non-English-speaking persons, low/moderate-income residents, persons with disabilities, advocates for seniors, persons who are illiterate, and persons experiencing homelessness, whom the grant programs are designed to serve. Public input received is used to establish the strategies and funding priorities previously described. A survey went out, via Community Voices, with email and social media advertising, from late November to mid-December 2025 to allow for other means of participation, gather public opinions regarding community needs, and learn how funds should be prioritized. The results show the following: 1. The greatest needs in Chula Vista are public services, affordable housing, and economic development. 2. Regarding infrastructure needs, the most urgent are street lighting and street improvements (new pavement). 3. The highest community facilities needs are for senior centers, parks and recreational facilities, and homeless shelters and facilities. 4. Affordable housing projects and programs are needed in the form of assistance to remove lead - based paint from homes, assistance for energy efficiency improvements to homes, and ADA home improvements. 5. Of the allowable public services, senior services and health services had the highest scores, indicating greater need. 6. Substance abuse services scored highest among special needs services. 7. Lastly, participants indicated a desire for job training and new job opportunities. This Public Hearing is another avenue for the community to engage in the prioritization of the grant funds and the development of the upcoming 2026/27 Action Plan (“Action Plan”). Funding Priorities for the 2025-2029 Consolidated Plan As previously described, the 5-Year Plan is the strategic plan for allocating and leveraging the entitlement grants described above. It utilizes qualitative and quantitative data gathered through citizen participation, market analysis, and an assessment to identify the highest priority needs in which to direct entitlement dollars. Table 1, on the following page, highlights the goals that were approved and incorporated in the 2025-2029 5-Year Plan as high-priority needs. Funding Availability and Request for Applications (Program Year 2026/27) A Notice of Funding Availability for request of the grant funds will be released on February 1, 2026 for Page 181 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda P a g e | 4 eligible agencies and City Departments. The application period will run from February 2, 2026 through March 2, 2026. While the City has not received formal communication from HUD on the anticipated grant funds for the 2026/27 program year, staff will be assuming the same amount as in prior years. As a reference, the City has received a slight decrease for each of the grants in the past four years. Next Steps Once the applications have been received and reviewed for eligibility and funding consideration, staff will return to present the funding applicant proposals and provide funding recommendations for the 2026/27 program year. Table 1: 2025-2029 Consolidated Plan Funding Priorities Increase affordable rental and owner- occupied housing to improve housing opportunities that reflect the community’s needs.  New Construction  Acquisition  Rehabilitation  First-Time Homebuyer Assistance  Tenant-Based Rental Assistance Support the development of vibrant, equitable and accessible neighborhoods by investing in public facilities and infrastructure.  ADA improvements  New streets and sidewalks  Public facility improvements Invest in community social services to promote equity and serve the most vulnerable of the community’s population. Public Services to low/moderate income including the following population:  Homeless Veterans; Youth; Seniors; Victims of Domestic Violence; Special Needs/Disabled Enhance the City’s economic stability by investing in inclusive economic growth initiatives that develop and strengthen small businesses, employment and workforce development programs and improving access to jobs.  Business Financial Assistance Programs  Business Technical Assistance  Job Training and Placement Page 182 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda P a g e | 5 Homelessness Assist individuals and families to gain stable housing after experiencing homelessness or a housing crisis by providing appropriate services and housing solutions on a path to stability.  Shelter Operations  Homeless Prevention  Homeless Outreach  Homeless Supportive Services DECISION-MAKER CONFLICT Staff have reviewed the decision contemplated by this action and have 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 are not independently aware, and have not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no fiscal impact to the General Fund as a result of this action as all costs associated with the planning and administration of the CDBG, HOME, and ESG programs are covered by the respective grants. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City's General Fund as a result of this action. ATTACHMENTS None. Staff Contact: Dania Gonzalez, Principal Management Analyst Stacey Kurz, Director of Housing and Homeless Services Page 183 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life HOUSING & HOMELESS SERVICES Presented by: Item 7.1 HUD Federal Block Grant Funding Priorities Dania Gonzalez, Principal Management Analyst Page 184 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda HUD Grant Programs Community Development Block Grant (CDBG) HOME Investment Partnership Program (HOME) Emergency Solutions Grant (ESG) •Must benefit low-income persons. •Can fund “public services” such as food banks, recreation programs, and senior services but public services are limited to 15%. •Public facility improvements. •Housing acquisition and rehabilitation. •Some economic development activities can be funded if they support job creation or low-income business owners. •Focus on affordable housing. •Development of low-income housing. •Rental assistance. •Home buying assistance. •Homeless outreach. •Shelter development. •Shelter operation/services. •Rapid re-housing. •Homeless prevention. Page 185 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Anticipated Annual Funding Resources GRANT Approximate Amount Community Development Block Grant (CDBG)$2.3 Million Emergency Solutions Grant (ESG)$200,000 HOME Investment Partnership Act (HOME)$790,000 TOTAL $3.3 Million Page 186 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda 2025-2029 Consolidated Plan Funding Priorities PRIORITY GOAL ACTIVITY TYPE Affordable Housing Increase affordable rental and owner- occupied housing to improve housing opportunities that reflect the community’s needs. •New Construction •Acquisition •Rehabilitation •First-Time Homebuyer Assistance •Tenant-Based Rental Assistance Capital Improvement and Public Facilities Support the development of vibrant, equitable and accessible neighborhoods by investing in public facilities and infrastructure. •ADA improvements •New streets and sidewalks •Public facility improvements Social Service Programs Invest in community social services to promote equity and serve the most vulnerable of the community’s population. Public Services to low/moderate income including the following population: •Homeless Veterans; Youth; Seniors; Victims of Domestic Violence; Special Needs/Disabled Economic Development Enhance the City’s economic stability by investing in inclusive economic growth initiatives that develop and strengthen small businesses, employment and workforce development programs and improving access to jobs. •Business Financial Assistance Programs •Business Technical Assistance •Job Training and Placement Homelessness Assist individuals and families to gain stable housing after experiencing homelessness or a housing crisis by providing appropriate services and housing solutions on a path to stability. •Shelter Operations •Homeless Prevention •Homeless Outreach •Homeless Supportive Services Page 187 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Timeline DATE (Anticipated)ACTION February 2, 2026 Notice of Funding Availability Release February 25, 2026 Closes at the end of business day Applicant Question and Answer Period Submit to: dgonzalez@chulavistaca.gov March 2, 2026 No later than 5:00 pm Application Deadline March 3 – March 6, 2026 Application Review Period March 13 - April 14, 2026 30-Day Public Review Period Draft 2026/2027 Annual Action Plan is made available to the public for public review and comments April 14, 2026 at 5:00 pm City Council Public Hearing City of Chula Vista; 276 Fourth Avenue; Council Chambers May 12, 2026 City Council Final Action Plan is approved by Council City of Chula Vista Housing Office 276 Fourth Avenue, City Council Chambers May 15, 2026 Final Action Plan submission to HUD July 1, 2026 Implementation of 2026/2027 Annual Action Plan Page 188 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Empower individuals & families ● Build community resilience ● Promote housing opportunities ● Enhance quality of life More Information and Survey Chula Vista Federal Block Grant Contact: Dania Gonzalez: dgonzalez@chulavistaca.gov Page 189 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda v . 0 0 5 P a g e | 1 January 6, 2026 ITEM TITLE Agreement: Approve a Master Services and Purchasing Agreement with Axon Enterprise, Inc. (“Axon”) to Purchase Axon’s Fusus Software Solution for the Police Department’s Real Time Crime Center Report Number: 25-0299 Location: No specific geographic location Department: Police G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt resolutions: A) Approving a Master Services and Purchasing Agreement from Axon Enterprise, Inc. to purchase Axon’s Fusus software solution (“Fusus”) and approving use policy for Real Time Crime Center technology and B) Approving Amendment with Motorola Solutions, Inc. to extend term of Original Agreement. SUMMARY On May 23, 2025, the City of Chula Vista issued a Request for Proposal (“RFP”) to provide a comprehensive software solution for the Police Department’s Real Time Crime Center (“RTCC”). As a result of the RFP process, the staff recommends approving a Master Agreement with Axon to purchase Fusus and related services therein. An extension to the agreement with the current RTCC services provider to cover the transition and training period for the new system is also recommended. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Page 190 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Police Department staff presented an informational item about Fusus to the Privacy Protection and Technology Advisory Commission during its regular meeting held on December 1, 2025. DISCUSSION The Chula Vista Police Department is seeking to contract with Axon to replace the services currently provided by Motorola Solutions for a single, unified “pane of glass” solution that will integrate existing systems to seamlessly support units responding to incidents. The solution under consideration, Fusus, complies with Department of Justice security protocols and serves as a conduit for existing systems to combine information that assist officers responding to the incident for an enhanced de-escalation response. Fusus is not a new crime fighting tool. Its purpose is only to help streamline how data from existing systems interact. This report provides the City Council with an overview of the proposed Axon Fusus software solution, its anticipated impacts on Real-Time Crime Center (“RTCC”) operations, and compliance with the Privacy Protection and Technology Transparency Policy (Council Policy 112-04). Overview of Real Time Crime Center The Police Department’s RTCC serves as a centralized hub for police technology, incident support, and data integration. The RTCC enhances the department’s ability to maintain real-time situational awareness by consolidating information from multiple systems — including City owned camera networks, real-time alerts, Computer-Aided Dispatch (“CAD”), License Plate Readers (“LPR”), records management systems, incident data, drone flight information, and resource tracking into a single, unified “pane of glass.” This integrated environment enables sworn personnel and crime analysts to communicate actionable information to field units, dispatchers, and command staff, improving response coordination and public safety outcomes. In short, the RTCC brings together incident-driven data into one centralized hub that allows leadership to analyze, interpret, and deploy resources effectively. Technologies currently used by the RTCC have been implemented with community input and outreach and data derived from them are shared openly with the public via the department’s open data and documents portal. Current Software and Project Background A critical component of the RTCC is the software platform that integrates these various data sources into one operational view. In December 2020, the City Council approved a contract with Motorola Solutions for its Command Central Aware (“CCA”) software to support RTCC operations. That contract is scheduled to expire in December 2025. Motorola will assist in transitioning between CCA and Fusus. The transition and training is anticipated to take between six (6) to nine (9) months after the contract is signed. The Police Department is requesting an agreement amendment with Motorola Solutions, Inc. to extend use of Command Central Aware until the new RTCC software platform is operational. The amendment will extend a one-year term of December 15, 2025 to December 14, 2026 at a rate of $3,750 per month. If the new platform is operational before December 2026, the City may terminate services with Motorola upon sixty days’ written notice. Page 191 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda P a g e | 3 Recognizing the approaching end of the current agreement and the rapid evolution of real-time crime center technology, the City initiated a competitive procurement process to identify a next -generation solution capable of meeting the department’s operational needs into the next decade. Competitive Selection Process In May 2025, the City posted a Request For Proposal (RFP P26-2025) to PlanetBids, soliciting competitive proposals from experienced and qualified firms to provide the City of Chula Vista with an RTCC software platform. The objective of this solicitation was to provide incident commanders and crime analysts with coordinated access to information to make more timely and effective decisions, increasing the safety for officers, suspects and the broader community. The primary purpose of the RTCC is to help in the safe and effective response to incidents and criminal investigations by providing a single integrated platform that operates in real-time information. For example, the RTCC is expected to provide incident commanders with immediate access to GPS data about the location of first responders, a live overhead view of an incident scene from the Drone as First Responder program, ability to relay intelligence, and real-time monitoring of incoming 911 calls. The RTCC will serve as the central hub for the safe and effective management of public safety operations and criminal investigations. The City received six (6) written responses to RFP P26-2025. Two (2) submittals were considered non- responsive, and four (4) proposals were reviewed for qualifications and evaluated by a selection committee, consisting of staff from the Police Department. The proposals were ranked, and the top three (3) respondents were invited to provide a presentation and demonstrate their services in response to this solicitation to the selection committee. Presentations were made by Axon, Flock, and Motorola. The selection committee then evaluated the proposals based on the following criteria: 1. Experience – evaluation of respondent’s technical expertise and professional competence in areas directly related to the scope of services. 2. Personnel – evaluation of experience of the personnel proposed in the response. 3. Approach to Work – evaluation of respondent’s demonstrated ability to undertake the scope of work and produce the required outcome in a timely manner. 4. Proposed Cost – evaluation of the fee proposal, including both one-time and ongoing costs. 5. Interview/Presentation – evaluation and showcasing of the respondents to provide the services set forth in the scope of work. Based on the evaluation process, staff recommend entering into a Master Services and Purchase Agreement with Axon Enterprises, Inc. for a five-year term from January 1, 2026 through December 31, 2030. Recommended Vendor: Axon Enterprises, Inc. Axon is an established industry leader in public safety technology, known for its integrated body-worn cameras, conducted energy devices, and digital evidence management platforms. Fusus is Axon’s cloud-based Real-Time Operations platform designed to connect public safety organizations and communities by integrating disparate video, sensor, and data feeds into a unified system . The platform Page 192 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda P a g e | 4 leverages existing infrastructure — such as Drone, LPR, and CAD systems — to create a single operational view that enhances situational awareness, coordination, and response. Fusus serves as an integration platform that connects the RTCC’s existing crime-fighting tools—tools for which community input was already obtained prior to implementation. Fusus is not an additional system used by the RTCC unit. It serves as the integration layer that merges data from the systems already in use today. This enables faster, more informed decision-making, leading to improved response times, safer field operations, and more efficient use of resources. It is important to note that the Fusus platform does offer additional features and functionality that the City is not currently proposing for implementation. Any future expanded functionality of Fusus will be brought before the PTAC and City Council prior to implementation regardless of the need to amend the agreement. Additionally, the department will be establishing metrics designed to track and report out o n operational efficiencies. Response times, incidents where the RTCC provided support and audits performed are currently being considered. The department believes in transparency and Fusus driven efforts will continue to be shared and additional measures may be developed once the department becomes familiarized with the systems’ capabilities. Privacy and Security: Fusus is designed with privacy and accountability at its core. The system only allows for the flow of data from existing systems when required to support emergency response or investigative activities and does not retain any Personally Identifiable Information once that purpose is fulfilled. Each independent system that shares information via Fusus continues to have their specific retention schedule as detailed in the City’s master retention schedule. Furthermore, Fusus includes robust auditing and reporting features to ensure the appropriate use of all data, complementing existing auditing mechanisms already present within department systems. The department will be using the system’s auditing tools to perform periodic review of use and access to ensure compliance with city and department policies on the proper use of city resources and information. Cloud Hosting  FususONE is hosted in a secure cloud environment (AWS GovCloud for U.S. deployments) and is designed for redundant, geographically diverse storage to ensure high availability and durability.  The on-premises FususCORE appliance connects outward (outbound only) to the cloud instance, reducing inbound attack surface. Encryption & Key Management  Data both “at rest” and “in transit” is encrypted, using AES-256 (or stronger) and approved cryptographic modules (FIPS 140-2 compliant).  Transport uses TLS (e.g., TLS 1.3) between on-premises and cloud to secure the connection.  Key management and certificate management policies are in place for the cloud service. Third-Party Security Audits & Compliance Standards  Axon states that its cloud services (including Fusus) are designed to be compliant with the CJIS Security Policy version 6.0. Page 193 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda P a g e | 5  Axon publishes that it is aligned with standards and certifications including ISO/IEC 27001, SOC 2/SOC 3, FedRAMP High (for federal customers). Applicable Standards & Policies for Fusus / Axon  CJIS Security Policy version 5.9.1 (for Criminal Justice Information). Axon Trust Center | Powered by SafeBase o (https://trust.axon.com/?itemUid=eefdeb50-486d-4a61-8b8a- 6999da6c5cb9&source=click)  ISO/IEC 27001 (information security management system) and related ISO/IEC standards. Axon Trust Center | Powered by SafeBase o (https://trust.axon.com/?itemUid=5c93ca3e-519a-4260-a50a- a9de78294538&source=click)  SOC 3 (Trust Service Principles) audit for cloud services. Axon Trust Center | Powered by SafeBase o (https://trust.axon.com/?itemUid=b2671060-5c66-4d9c-b70f- af4ab3dbd45a&source=click)  FIPS 140-2 validated cryptographic modules for encryption key management. Agencies currently using Fusus include:  Orange County Sheriff’s Department  Beverly Hills Police Department  Modesto Police Department  San Jose Police Department Policy Compliance Under the City’s Privacy Protection and Technology Transparency Policy (Policy 112-04; effective November 1, 2022), RTCC technology qualifies as Sensitive Technology. The required Use Policy is presented for City Council consideration and approval with this action (Attachment 3). The Police Department has fully adhered to all requirements and reporting obligations outlined in this policy throughout the procurement and evaluation process. DECISION-MAKER CONFLICT Staff have reviewed the decision contemplated by this action and has determined that it is not site -specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff are not independently aware, and have not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of Resolution A will approve a Master Services and Purchasing Agreement with Axon Enterprise, Inc. to purchase the Fusus software solution. Funds have been identified within the current appropriations of the Asset Seizure Fund, resulting in no additional fiscal impact. Page 194 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda P a g e | 6 The table below outlines the current fiscal year cost: DESCRIPTION FY 2025-26 Approval of Resolution B will approve an agreement amendment with Motorola Solutions, Inc. to extend use of Command Central Aware for a one-year term of December 15, 2025 to December 14, 2026 at a rate of $3,750 per month. The City may terminate services with Motorola upon sixty days’ written notice if Fusus becomes operational before December 2026. Funds for Command Central Aware have been identified with the current appropriations of the Asset Seizure Fund, resulting in no additional fiscal impact. ONGOING FISCAL IMPACT The Axon agreement for Fusus software solution covers a 60-month term, from January 1, 2026, to December 31, 2030. The table below outlines the costs for the 60-month agreement term. DESCRIPTION FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 TOTAL $677,692 The first two years of the agreement will be funded by annual appropriations to the Police Section of the Local Grants Fund (Asset Seizure Fund). The Police Department will work with the Finance Department as part of the annual budget process to identify funding for Years 3 through 5. However, should funds become available in the Police Section of the Local Grants Fund, those funds will continue to fund the remainder of the agreement costs. After the life of the contract, the department will solicit new bids for the service. ATTACHMENTS 1. Axon Master Services and Purchasing Agreement for Agency 2. Motorola Agreement Amendment for Command Central Aware 3. Real Time Crime Center Use Policy Staff Contact: Chief Roxana Kennedy, Police Department Joseph Walker, Supervising Public Safety Analyst Page 195 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MASTER SERVICES AND PURCHASING AGREEMENT WITH AXON ENTERPRISE, INC. TO PURCHASE FUSUS SOFTWARE SOLUTION AND APPROVING USE POLICY FOR REAL TIME CRIME CENTER TECHNOLOGY WHEREAS, on May 23, 2025, the City issued a Request For Proposals (RFP P26-2025), seeking competitive proposals from qualified service providers to provide the City of Chula Vista Real Time Crime Center software solution; and WHEREAS, the City received six (6) responses to solicitation RFP P26-2025; and WHEREAS, proposals were ranked, and the top three (3) respondents were invited to provide a presentation and demonstrate their platform to a selection committee; and WHEREAS, the selection committee evaluated the proposals, including the platform demonstrations, and recommends entering into an agreement with Axon Enterprise, Inc.; and WHEREAS, the proposed Master Services and Purchasing Agreement will have a five- year term from January 1, 2026 through December 31, 2030; and WHEREAS, the fee for service will be $135,538.40 annualy for a total of $677,692 for the five-year term; and WHEREAS, under the City’s Privacy Protection and Technology Transparency Policy (Policy 112-04; effective November 1, 2022), the Real Time Crime Center software solution qualifies as Sensitive Technology; and WHEREAS, Chula Vista Police Department Policy 616 has been created for the use of digital data obtained from Real Time Crime Center technology. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves a Master Services and Purchasing Agreement to purchase Axon Fusus software solution, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk , and authorizes and directs the Mayor to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves Chula Vista Police Department Policy 616 for use of Real Time Crime Center technology. Page 196 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Resolution No. Page 2 Presented by Approved as to Form by Roxana Kennedy Marco A. Verdugo Chief of Police City Attorney Page 197 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE THIRD AMENDMENT TO AGREEMENT WITH MOTOROLA SOLUTIONS, INC. FOR COMMAND CENTRAL AWARE AND AERIAL SUITE WHEREAS, on December 17, 2020, the City entered into an agreement with Motorola Solutions, Inc. for Command Central Aware and Aerial Suite (REF/Control No. 20-105986), which supports the Police Department’s Real Time Crime Center; and WHEREAS, the Parties executed the First Amendment to the Original Agreement on February 17, 2022 to amend Section 8.2 of the Original Agreement regarding Customer Data; and WHEREAS, the Parties executed the Second Amendment to the Original Agreement on November 19, 2024 to exercise an option year and extend the term of the Original Agreement through December 14, 2025; and WHEREAS, the Parties desire to amend the Original Agreement to extend the term of the Original Agreement by one year, terminating on December 14, 2026 at a rate of $3,750 per month; and WHEREAS, the City may terminate for convenience the Original Agreement upon sixty- days’ written notice prior to the effective date of termination. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Third Amendment for Chula Vista Police Department Command Central Aware and Aerial Suite, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Presented by Approved as to Form by Roxana Kennedy Marco A. Verdugo Chief of Police City Attorney Page 198 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Master Services and Purchasing Agreement Version: 24.1 Release Date: November 2025 Page 1 of 12 This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc. ("Axon"), and the Customer listed below or, if no Customer is listed below, the customer on the Quote (as defined below) ("Customer"). This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) date of acceptance of the Quote ("Effective Date"). Axon and Customer are each a "Party" and collectively "Parties". This Agreement governs Customer’s purchase and use of the Axon Devices and Services detailed in the Quote. It is the intent of the Parties that this Agreement will govern all subsequent purchases by Customer for the same Axon Devices and Services in the Quote, and all such subsequent quotes accepted by Customer shall be also incorporated into this Agreement by reference as a Quote. The Parties agree as follows: 1. Definitions. 1.1. "Axon Cloud Services" means Axon’s web services, including, but not limited to, Axon Evidence, Axon Records, Axon Dispatch, FUSUS services, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com. 1.2. "Axon Device" means all hardware provided by Axon under this Agreement. Axon-manufactured Devices are a subset of Axon Devices. 1.3. "Quote" means an offer to sell and is only valid for devices and services on the offer at the specified prices. Any inconsistent or supplemental terms within Customer’s purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any Quote by Axon, and Axon reserves the right to cancel any orders resulting from such errors. 1.4. "Services" means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services. 2. Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated ("Term"). 2.1. All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 or TASER 10 plans begin on the date stated in the Quote. Each subscription term ends upon completion of the subscription stated in the Quote ("Subscription Term"). 3. Payment. Axon invoices for Axon Devices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net 30 days from the invoice date. Axon invoices for Axon Cloud Services on an upfront annual basis prior to the beginning of the Subscription Term and upon the anniversary of the Subscription Term. Payment obligations are non-cancelable. Unless otherwise prohibited by law, Customer will pay interest on all past-due sums at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Customer will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Customer is responsible for collection and attorneys’ fees. 4. Taxes. Customer is responsible for sales and other taxes associated with the order unless Customer provides Axon a valid tax exemption certificate. 5. Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are EXW Incoterms 2020) via common carrier. Title and risk of loss pass to Customer upon Axon’s delivery to the common carrier. Customer is responsible for any shipping charges in the Quote. 6. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. 7. Warranty. 7.1. Limited Warranty. Axon warrants that Axon-manufactured Devices, except for TASER devices covered under the TASER Appendix, are free from defects in workmanship and materials for one (1) year from the date of Customer’s receipt, except Signal Sidearm which Axon warrants for thirty (30) months from Customer’s receipt and Axon-manufactured accessories, which Axon warrants for ninety (90) days from Customer’s receipt, respectively, from the date of Customer’s receipt. Extended warranties run from the expiration of the one- (1-) year hardware warranty through the extended warranty term purchased. 7.2. Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices and Services that are not manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon’s Page 199 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Master Services and Purchasing Agreement Version: 24.1 Release Date: November 2025 Page 2 of 12 warranty and are only subject to the warranties of the third-party provider or manufacturer. If Customer purchases Axon Loki, Customer acknowledges the Loki device is designed for operation in enclosed, controlled environments and must be used in compliance with all applicable laws and safety guidelines. Operation in open or unapproved areas may result in signal interference, loss of control, or damage, and Axon assumes no liability for improper use, including any resulting harm or regulatory violations. 7.3. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axon- manufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new. Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement. 7.3.1. If Customer exchanges an Axon Device or part, the replacement item becomes Customer’s property, and the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device for service, Customer must upload Axon-manufactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon-manufactured Device sent to Axon for service. 7.4. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Customer a predetermined number of spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices are intended to replace broken or non-functioning units while Customer submits the broken or non-functioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Customer in accordance with shipping terms of this Agreement. Axon assumes no liability or obligation in the event Customer does not utilize Spare Axon Devices for the intended purpose. 7.5. Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number. Axon’s warranty will be void if Customer resells Axon Devices. 7.5.1. To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. Customer confirms and agrees that, in deciding whether to sign this Agreement, Customer has not relied on any statement or representation by Axon or anyone acting on behalf of Axon related to the subject matter of this Agreement that is not in this Agreement. 7.5.2. Axon’s cumulative liability to any party for any loss or damage resulting from any claim, demand, or action arising out of or relating to this Agreement will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the twelve (12) months preceding the claim. Neither Party will be liable for special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory. 7.6. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales- terms-and-conditions. 7.7. Third-Party Hardware, Software and Services. Use of hardware, software, or services other than those provided by Axon is governed by the terms, if any, entered into between Customer and the respective third- party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms-and-conditions, if any. Page 200 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Master Services and Purchasing Agreement Version: 24.1 Release Date: November 2025 Page 3 of 12 7.8. Axon Aid. Upon mutual agreement between Axon and Customer, Axon may provide certain products and services to Customer, as a charitable donation under the Axon Aid program. In such event, Customer expressly waives and releases any and all claims, now known or hereafter known, against Axon and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of any Releasees or otherwise. Customer agrees not to make or bring any such claim against any Release, and forever release and discharge all Releasees from liability under such claims. Customer expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately upon notice to the Customer. 8. Free Trial. 8.1. Trial Period and License. At any time during the Term, Customer and Axon may elect to enter a free trial of Axon Devices and Services new to the Customer for a designated period (“Trial Period”) as described in a quote issued (“Trial Quote”). During the Trial Period, Axon grants Customer a nonexclusive, terminable, non- transferable, license to use new Axon Devices and Services provided for trial to the Customer (“Trial Products”). Trial Products may include Axon beta software or firmware which additional terms may be required and included within the Trial Quote. Axon may limit the number of Trial Products Customer receives within the Trial Quote. Axon may supply refurbished Trial Products. ALL FREE TRIAL PRODUCTS INCLUDING, WITHOUT LIMITATION, AXON CLOUD SERVICES, ARE PROVIDED “AS IS” AND TO THE EXTENT NOT PROHIBITED BY LAW, AXON DISCLAIMS ALL LIABILITY REGARDLESS OF THE CLAIM. 8.2. Trial Quote Termination. Upon at least 10 business days’ prior written notice to Axon at any time prior to the end of the Trial Period, Customer may as its sole option, terminate the free Trial Period and underlying Trial Quote associated with the Trial Products for convenience. Customer’s rights to the Trial Products will immediately terminate at the end of the Trial Period, and Customer will return any Trial Products hardware to Axon within 10 days after the effective date of such termination or at the end of the Trial Period, excluding used CEW cartridges. If any individual component of the Trial Products is not returned, Axon will invoice Customer the MSRP of the unreturned items. Customer agrees to pay the invoice along with any applicable taxes and shipping. Customer will return the Trial Products to Axon in good working condition, minus normal wear and tear. Axon may charge Customer if there is damage beyond normal wear and tear. Any Customer Content shall be stored and returned pursuant to the Axon Cloud Services Terms of Use Appendix 9. Statement of Work. Certain Axon Devices and Services, including, but not limited to, Axon Interview Room, Axon Channel Services, Axon Justice Implementation, FUSUS, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables ("SOW"). In the event Axon provides an SOW to Customer, Axon is only responsible for the performance of Services described in the SOW. Additional services outside of the SOW, Quote, or this Agreement are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. Any applicable SOW is incorporated into this Agreement by reference. 10. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings. 11. Design Changes. Axon may make design or feature changes to any Axon Device or Service without notifying Customer or making the same change to Axon Devices and Services previously purchased by Customer. 12. Combined Offerings. Some offerings in a Quote combine existing and pre-released Axon Devices or Services. Some offerings may not be available at the time of Customer’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to delay of availability or Customer’s choice not to utilize any portion of a combined offering. 13. Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance. 14. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Customer will not cause any Axon proprietary rights to be violated. 15. IP Indemnification. Axon will indemnify Customer against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon-manufactured Devices, Axon Cloud Services or Axon software (“Axon Products”) infringes or misappropriates the third-party’s intellectual property rights. Customer must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon Products by Customer or a third-party not approved by Axon; (b) Page 201 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Master Services and Purchasing Agreement Version: 24.1 Release Date: November 2025 Page 4 of 12 use of Axon Products in combination with hardware or services not approved by Axon; (c) use of Axon Products other than as permitted in this Agreement; or (d) use of Axon Products that is not the most current software release provided by Axon. 16. Customer Responsibilities. Customer is responsible for (a) Customer’s use of Axon Devices; (b) Customer or a Customer-authorized user’s breach of this Agreement or violation of applicable law; (c) disputes between Customer and a third-party over Customer’s use of Axon Devices; (d) secure and sustainable destruction and disposal of Axon Devices at Customer’s cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices. 17. Termination. 17.1. For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written notice of the breach to the other Party, and the breach remains uncured thirty (30) days after written notice. If Customer terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination. 17.2. By Customer. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Customer may terminate this Agreement. Customer will deliver notice of termination under this section as soon as reasonably practicable. 17.3. Effect of Termination. Upon termination of this Agreement, Customer rights immediately terminate. Customer remains responsible for all fees incurred before the effective date of termination. If Customer purchases Axon Devices for less than the manufacturer’s suggested retail price ("MSRP") and this Agreement terminates before the end of the Term, Axon will invoice Customer the difference between the MSRP for Axon Devices procured, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non- appropriation, Customer may return Axon Devices to Axon within thirty (30) days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For multiple Axon Devices that may be combined as a single offering on a Quote, MSRP is the standalone price of all individual components. 18. Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for five (5) years thereafter. To the extent permissible by law, Axon pricing is Confidential Information and competition sensitive. If Customer receives a public records request to disclose Axon Confidential Information, to the extent allowed by law, Customer will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement. 19. General. 19.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control. 19.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, Customer, fiduciary, or employment relationship between the Parties. 19.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement. 19.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law. 19.5. Compliance with Laws. Each Party will comply with all applicable federal, state, and local laws, including without limitation, import and export control laws and regulations as well as firearm regulations and the Gun Control Act of 1968. Customer acknowledges that Axon Devices and Services are subject to U.S. and international export control laws, including the U.S. Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). Customer represents and warrants that neither it nor any End User is a Restricted Person," meaning any individual or entity that (1) is subject to U.S. sanctions or trade restrictions, 2) appears on any U.S. government restricted party list, (3) engages in prohibited weapons proliferation activities, or (4) is owned or controlled by, or acting on behalf of, such persons or entities. Customer must promptly notify Axon of any change in status, and Axon may terminate this Agreement if Customer or any End User becomes a Restricted Person or violates export laws. Page 202 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Master Services and Purchasing Agreement Version: 24.1 Release Date: November 2025 Page 5 of 12 19.6. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns. 19.7. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right. 19.8. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. 19.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, Customer Responsibilities and any other Sections detailed in the survival sections of the Appendices. 19.10. Governing Law. The laws of the country, state, province, or municipality where Customer is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 19.11. Notices. All notices must be in English. Notices posted on Customer’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Notices to Customer shall be provided to the address on file with Axon. Notices to Axon shall be provided to Axon Enterprise, Inc. Attn: Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy to legal@axon.com. 19.12. Entire Agreement. This Agreement, the Appendices, including any applicable Appendices not attached herein for the products and services purchased, which are incorporated by reference and located in the Master Purchasing and Services Agreement located at https://www.axon.com/sales-terms-and-conditions,Quote and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. Each Party, by and through its respective representative authorized to execute this Agreement, has duly executed and delivered this Agreement as of the date of signature. AXON: CUSTOMER: Axon Enterprise, Inc. City of Chula Vista Signature: Signature: Name: Robert E. Driscoll Jr. Name: John McCann Title: Deputy General Counsel Title: Mayor Date: Date: ATTEST: Kerry K. Bigelow, MMC, City Clerk Approved as to form: By: _________________________________ Marco A. Verdugo, City Attorney Page 203 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Master Services and Purchasing Agreement Version: 24.1 Release Date: November 2025 Page 6 of 12 Axon Cloud Services Terms of Use Appendix 1. Definitions. 1.1. “Data Controller” means the natural or legal person, public authority, or any other body which alone or jointly with others determines the purposes and means of the processing of Personal Data. 1.2. “Data Processor” means a natural or legal person, public authority or any other body which processes Personal Data on behalf of the Data Controller. 1.3. "Customer Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Customer’s tenant, including media or multimedia uploaded into Axon Cloud Services by Customer. Customer Content includes Evidence but excludes Non-Content Data. 1.4. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by Customer. Evidence is a subset of Customer Content. 1.5. “End User” means the natural person subject to Customer’s authorized license grant who ultimately uses the Cloud Services as provided under this Agreement. End Users must adhere to the terms of use and are subject to any usage restrictions or limitations specified in this Agreement. 1.6. "Non-Content Data" is data, configuration, and usage information about Customer’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Customer Content. 1.7. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 1.8. “Subprocessor” means any third party engaged by the Data Processor to assist in data processing activities that the Data Processor is carrying out on behalf of the Data Controller. 2. Access. Upon Axon granting Customer a subscription to Axon Cloud Services, Customer may access and use Axon Cloud Services to store and manage Customer Content. Customer may not exceed the total number of End Users specified in the Quote. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence access granted solely for TASER, Customer may access and use Axon Evidence only to store and manage TASER CEW data ("TASER Data") and Customer may not upload non-TASER Data to Axon Evidence. 3. Customer Owns Customer Content. Customer controls and owns all rights, title, and interest in Customer Content. Except as outlined herein, Axon obtains no interest in Customer Content, and Customer Content is not Axon’s business records. Customer is solely responsible for uploading, sharing, managing, and deleting Customer Content. Axon will only have access to Customer Content for the limited purposes set forth herein. Customer agrees to allow Axon access to Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products. 4. Security. Axon will implement commercially reasonable and appropriate measures to secure Customer Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Customer Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum for its digital evidence or records management systems. 5. Customer Responsibilities. Customer is responsible for (a) ensuring Customer owns Customer Content or has the necessary rights to use Customer Content (b) ensuring no Customer Content or Customer End User’s use of Customer Content or Axon Cloud Services violates this Agreement or applicable laws; (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services and (d) verify the accuracy of any auto generated or AI-generated reports. If Customer becomes aware of any violation of this Agreement by an End User, Customer will immediately terminate that End User’s access to Axon Cloud Services. 5.1 Customer will also maintain the security of End User usernames and passwords and security and access by end users to Customer Content. Customer is responsible for ensuring the configuration and utilization of Axon Cloud Page 204 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Master Services and Purchasing Agreement Version: 24.1 Release Date: November 2025 Page 7 of 12 Services meet applicable Customer regulation and standards. Customer may not sell, transfer, or sublicense access to any other entity or person. If Customer provides access to unauthorized third-parties, Axon may assess additional fees along with suspending Customer’s access. Customer shall contact Axon immediately if an unauthorized party may be using Customer’s account or Customer Content, or if account information is lost or stolen. 5.2 To the extent Customer uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms. 6. Privacy. Customer’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. Customer agrees to allow Axon access to Non-Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and c) enforce this Agreement or policies governing the use of Axon products. 7. Axon Body Wi-Fi Positioning. Axon Body cameras may offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Customer administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Customer chooses to use this service, Axon must also enable the usage of the feature for Customer’s Axon Cloud Services tenant. Customer will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Customer’s Axon Cloud Services tenant. 8. Storage. For Axon Unlimited Device Storage subscriptions, Customer may store unlimited data in Customer's Axon Evidence account only if the Axon Device data is shared to Customer through Axon Evidence from a partner agency using Axon Evidence, or the data originates from Axon Capture or an Axon Device. Axon may charge Customer additional fees for exceeding purchased storage amounts. Axon may place Customer Content that Customer has not viewed or accessed for six (6) months into archival storage. Customer Content in archival storage will not have immediate availability and may take up to twenty-four (24) hours to access. 8.1. Location of Storage. Axon may transfer Customer Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Customer Content If Customer is located in the United States, Canada, or Australia, Axon will ensure all Customer Content stored in Axon Cloud Services remains in the country where Customer is located Ownership of Customer Content remains with Customer. 9. Suspension. Axon may temporarily suspend Customer’s or any End User’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Customer or End User’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent. Customer remains responsible for all fees incurred through suspension. Axon will not delete Customer Content because of suspension, except as specified in this Agreement. 10. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Customer uploads data to Axon Cloud Services Service Offerings will be subject to the Axon Cloud Services Service Level Agreement, a current version of which is available at https://www.axon.com/products/axon-evidence/sla. 11. Roles of the Parties. To the extent that Customer is the Data Controller of Personal Data, Axon is its Data Processor. To the extent that Customer is a Data Processor of Personal Data, Axon is its Subprocessor. Notwithstanding the foregoing, to the extent any usage data (including query logs and metadata) and/or operations data (including billing and support data) in connection with Customer’s use of the Services (collectively “Usage and Operations Data”) is considered Personal Data, Axon is an independent Data Controller and shall Process such data in accordance with the Agreement and applicable data protection laws to develop, improve, support, and operate its products and services. For the avoidance of doubt, Axon will not disclose any Usage and Operations Data that includes confidential information with a third party except (a) in accordance with the relevant confidentiality provisions in the Agreement, or (b) to the extent the Usage and Operations Data is, in accordance with applicable data protection laws, anonymized, de-identified, and/or aggregated such that it can no longer directly or indirectly identify Customer or any particular individual. 12. FUSUS. If Customer purchases a subscription to FUSUS, the following terms apply: 12.1. License and Storage. The specific license number(s) and associated data storage terms for FUSUS subscription and Axon Devices shall be set forth in the applicable Quote provided by Axon. Page 205 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Master Services and Purchasing Agreement Version: 24.1 Release Date: November 2025 Page 8 of 12 12.2. Third party Components. Customer is responsible for use of any internet access devices and/or all third-party hardware, software, services, telecommunication services (including Internet connectivity), or other items used by Customer to access the service (“Third-Party Components”) are the sole and exclusive responsibility of Customer, and Axon has no responsibility for such Third-party Components, FUSUS cloud services, or Customer relationships with such third parties. Customer agrees to at all times comply with the lawful terms and conditions of agreements with such third parties. Axon does not represent or warrant that the FUSUS cloud services and the Customer Content are compatible with any specific third-party hardware or software or any other Third-Party Components. Customer is responsible for providing and maintaining an operating environment as reasonably necessary to accommodate and access the FUSUS cloud services. 12.3. Data Privacy. Axon may collect, use, transfer, disclose and otherwise process Customer Content in the context of facilitating communication of data with Customer through their use of FUSUS cloud services FUSUS app iOS or Android interface), complying with legal requirements, monitoring the Customer’s use of FUSUS systems, and undertaking data analytics. 13. Axon Cloud Services Restrictions. Customer and Customer End Users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 13.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; 13.2. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same; 13.3. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 13.4. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement; 13.5. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services; 13.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or 13.7. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; material in violation of third-party privacy rights; or malicious code. 14. After Termination. Axon will not delete Customer Content for ninety (90) days following termination. Axon Cloud Services will not be functional during these ninety (90) days other than the ability to retrieve Customer Content. Customer will not incur additional fees if Customer downloads Customer Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Customer Content after these ninety (90) days and will thereafter, unless legally prohibited, delete all Customer Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Customer Content from Axon Cloud Services. 15. Post-Termination Assistance. Axon will provide Customer with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Customer Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 16. U.S. Government Rights. If Customer is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial computer software," commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Customer is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Customer will immediately discontinue use of Axon Cloud Services. 17. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Customer Owns Customer Content, Privacy, Storage, Axon Cloud Services Warranty, Customer Responsibilities and Axon Cloud Services Restrictions. Page 206 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Master Services and Purchasing Agreement Version: 24.1 Release Date: November 2025 Page 9 of 12 Axon Customer Experience Improvement Program Appendix The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, aiming to increase safety within communities and efficiency in public safety. Axon may make limited use of Customer Content from participating customers to provide, develop, improve, and support current and future Axon products (collectively, “ACEIP Purposes”). ACEIP has 2 modes of participation, Basic and Custom. Customer is enrolled in ACEIP Basic by default. If Customer does not want to participate in ACEIP Basic, ACEIP Custom, or both, Customer can revoke its consent at any time via email to aceip@axon.com. Axon Obligations ACEIP Basic When Axon uses Customer Content for ACEIP Purposes, Axon will: Use Customer Content only for ACEIP Purposes. Prohibit direct human access to Customer Content, including by Axon personnel and subprocessors, except as needed to perform or validate deletion. Retain Customer Content only as long as needed to create Transformed Content (defined below) and validate the transformations. Apply privacy-preserving transformations that remove identifying information appropriate to the use case Transformed Content”). AI model weights and similar insights that do not contain Customer Content are Transformed Content. Transformed Content is not Customer Content. Retain and permit direct human access to Transformed Content for ACEIP Purposes. Maintain security, privacy, and data governance programs as described in the Axon Cloud Services Terms Appendix, and apply them to ACEIP. Transparency Portal Publication Before activating a use case, Axon will publish it on the Axon Transparency Portal, including the product development purpose, data types involved, and privacy-preserving techniques used. Axon will also notify ACEIP participants when the Transparency Portal is updated with a new or materially changed use case. Fifteen (15) calendar days after notification, Axon may activate the use case for all Basic participants. Opt Out Customer may opt out of ACEIP Basic at any time via aceip@axon.com. Axon endeavors to implement opt outs within fifteen (15) calendar days. Transformations of Customer Content cease when Axon implements the opt out. Axon may retain Transformed Content created before it implemented the opt out request. ACEIP Custom Custom use cases may be governed by separate written terms between Axon and Customer. Those terms will control that use case. Please direct inquiries regarding Custom participation to aceip@axon.com. Page 207 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Master Services and Purchasing Agreement Version: 24.1 Release Date: November 2025 Page 10 of 12 Axon Application Programming Interface Appendix This Appendix applies if Axon’s API Services or a subscription to Axon Cloud Services are included on the Quote. 1. Definitions. 1.1. "API Client" means the software that acts as the interface between Customer’s computer and the server, which is already developed or to be developed by Customer. 1.2. "API Interface" means software implemented by Customer to configure Customer’s independent API Client Software to operate in conjunction with the API Service for Customer’s authorized Use. 1.3. "Axon Evidence Partner API, API or Axon API" (collectively "API Service") means Axon’s API which provides a programmatic means to access data in Customer ’s Axon Evidence account or integrate Customer’s Axon Evidence account with other systems. 1.4. "Use" means any operation on Customer’s data enabled by the supported API functionality. 2. Purpose and License. 2.1. Customer may use API Service and data made available through API Service, in connection with an API Client developed by Customer. Axon may monitor Customer’s use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Customer agrees to not interfere with such monitoring or obscure from Axon Customer’s use of API Service. Customer will not use API Service for commercial use. 2.2. Axon grants Customer a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Customer’s Use in connection with Customer ’s API Client. 2.3. Axon reserves the right to set limitations on Customer’s use of the API Service, such as a quota on operations, to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to accommodate use beyond the designated limits. 3. Configuration. Customer will work independently to configure Customer’s API Client with API Service for Customer’s applicable Use. Customer will be required to provide certain information (such as identification or contact details) as part of the registration. Registration information provided to Axon must be accurate. Customer will inform Axon promptly of any updates. Upon Customer’s registration, Axon will provide documentation outlining API Service information. 4. Customer Responsibilities. When using API Service, Customer and its End Users shall not: 4.1. use API Service in any way other than as expressly permitted under this Agreement; 4.2. use in any way that results in, or could result in, any security breach to Axon; 4.3. perform an action with the intent of introducing any virus, worm, defect, Trojan horse, malware, or any item of a destructive nature to Axon Devices and Services; 4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks providing API Service; 4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software; 4.6. create an API Interface that functions substantially the same as API Service and offer it for use by third parties; 4.7. provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service; 4.8. frame or mirror API Service on any other server, or wireless or Internet-based device; 4.9. make available to a third-party, any token, key, password or other login credentials to API Service; 4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or 4.11. disclose Axon’s API manual. 5. API Content. All content related to API Service, other than Customer Content or Customer’s API Client content, is considered Axon’s API Content, including: Page 208 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Master Services and Purchasing Agreement Version: 24.1 Release Date: November 2025 Page 11 of 12 5.1. the design, structure and naming of API Service fields in all responses and requests; 5.2. the resources available within API Service for which Customer takes actions on, such as evidence, cases, users, or reports; 5.3. the structure of and relationship of API Service resources; and 5.4. the design of API Service, in any part or as a whole. 6. Prohibitions on API Content. Neither Customer nor its End Users will use API content returned from the API Interface to: 6.1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header; 6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third-party; 6.3. misrepresent the source or ownership; or 6.4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices). 7. API Updates. Axon may update or modify the API Service from time to time ("API Update"). Customer is required to implement and use the most current version of API Service and to make any applicable changes to Customer ’s API Client required as a result of such API Update. API Updates may adversely affect how Customer ’s API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Customer to update API Client to the most current version of API Service. Axon will provide support for one (1) year following the release of an API Update for all depreciated API Service versions. Page 209 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Master Services and Purchasing Agreement Version: 24.1 Release Date: November 2025 Page 12 of 12 Axon Event Offer Appendix If the Agreement includes the provision of, or Axon otherwise offers, ticket(s), travel and/or accommodation for select events hosted by Axon (“Axon Event”), the following shall apply: 1. General. Subject to the terms and conditions specified below and those in the Agreement, Axon may provide Customer with one or more offers to fund Axon Event ticket(s), travel and/or accommodation for Customer-selected employee(s) to attend one or more Axon Events. By entering into the Agreement, Customer warrants that it is appropriate and permissible for Customer to receive the referenced Axon Event offer(s) based on Customer’s understanding of the terms and conditions outlined in this Axon Event Offer Appendix. 2. Attendee/Employee Selection. Customer shall have sole and absolute discretion to select the Customer employee(s) eligible to receive the ticket(s), travel and/or accommodation that is the subject of any Axon Event offer(s). 3. Compliance. It is the intent of Axon that any and all Axon Event offers comply with all applicable laws, regulations and ethics rules regarding contributions, including gifts and donations. Axon’s provision of ticket(s), travel and/or accommodation for the applicable Axon Event to Customer is intended for the use and benefit of Customer in furtherance of its goals, and not the personal use or benefit of any official or employee of Customer. Axon makes this offer without seeking promises or favoritism for Axon in any bidding arrangements. Further, no exclusivity will be expected by either party in consideration for the offer. Axon makes the offer with the understanding that it will not, as a result of such offer, be prohibited from any procurement opportunities or be subject to any reporting requirements. If Customer’s local jurisdiction requires Customer to report or disclose the fair market value of the benefits provided by Axon, Customer shall promptly contact Axon to obtain such information, and Axon shall provide the information necessary to facilitate Customer's compliance with such reporting requirements. 4. Assignability. Customer may not sell, transfer, or assign Axon Event ticket(s), travel and/or accommodation provided under the Agreement. 5. Availability. The provision of all offers of Axon Event ticket(s), travel and/or accommodation is subject to availability of funds and resources. Axon has no obligation to provide Axon Event ticket(s), travel and/or accommodation. 6. Revocation of Offer. Axon reserves the right at any time to rescind the offer of Axon Event ticket(s), travel and/or accommodation to Customer if Customer or its selected employees fail to meet the prescribed conditions or if changes in circumstances render the provision of such benefits impractical, inadvisable, or in violation of any applicable laws, regulations, and ethics rules regarding contributions, including gifts and donations. Page 210 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 1 Q-713155-45993MT Q-713155-45993MT Issued: 12/02/2025 Quote Expiration: 12/31/2025 Estimated Contract Start Date: 01/01/2026 Account Number: 106513 Payment Terms: N30 Mode of Delivery: UPS-GND Credit/Debit Amount: $0.00 SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Chula Vista Police Dept. - CA 315 4TH AVE CHULA VISTA, CA 91910-3801 USA Chula Vista Police Dept. - CA 315 4TH AVE CHULA VISTA CA 91910-3801 USA Email: Lauren Gauer Phone: 480-580-3639 Email: lgauer@axon.com Fax: Roxana Kennedy Phone: (619) 691-5059 Email: Fax: Quote Summary Discount Summary Program Length 60 Months Average Savings Per Year $133,424.60 TOTAL COST $677,692.00 ESTIMATED TOTAL W/ TAX $677,692.00 TOTAL SAVINGS $667,123.00 Axon Enterprise, Inc. 17800 N 85th St Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic:(800) 978-2737 International: +1.800.978.2737 Docusign Envelope ID: B4D72236-9606-45E5-A5A8-4D18B72B138F Page 211 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 2 Q-713155-45993MT Payment Summary Date Subtotal Tax Total Jan 2026 $135,538.40 $0.00 $135,538.40 Jan 2027 $135,538.40 $0.00 $135,538.40 Jan 2028 $135,538.40 $0.00 $135,538.40 Jan 2029 $135,538.40 $0.00 $135,538.40 Jan 2030 $135,538.40 $0.00 $135,538.40 Total $677,692.00 $0.00 $677,692.00 Docusign Envelope ID: B4D72236-9606-45E5-A5A8-4D18B72B138F Page 212 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 3 Q-713155-45993MT Quote Unbundled Price:$1,344,911.00 Quote List Price:$754,667.00 Quote Subtotal:$677,692.00 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program S00021 AXON FUSUS PRO PLUS (NO AXON BWC) BUNDLE 10 60 $39.06 $39.00 $39.00 $23,400.00 $0.00 $23,400.00 S00023 AXON FUSUS PLUS TO PRO PLUS UPGRADE BUNDLE 290 60 $67.50 $33.58 $33.58 $584,292.00 $0.00 $584,292.00 A la Carte Hardware 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 14 $5,000.00 $0.00 $0.00 $0.00 $0.00 101408 AXON FUSUS - CORE - CAD 1 $600.00 $0.00 $0.00 $0.00 $0.00 A la Carte Services 101422 AXON FUSUS - PSO - CORE DEPLOYMENT 15 $425.00 $0.00 $0.00 $0.00 $0.00 101781 AXON FUSUS - PSO - SW IMPLEMENTATION - PRO+1 $70,000.00 $70,000.00 $70,000.00 $0.00 $70,000.00 A la Carte Warranties 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 14 49 $0.00 $0.00 $0.00 $0.00 $0.00 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 49 $0.00 $0.00 $0.00 $0.00 $0.00 Total $677,692.00 $0.00 $677,692.00 Delivery Schedule Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date A la Carte 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 14 1 12/01/2025 A la Carte 101408 AXON FUSUS - CORE - CAD 1 1 12/01/2025 Software Bundle Item Description QTY Estimated Start Date Estimated End Date AXON FUSUS PLUS TO PRO PLUS UPGRADE BUNDLE 101711 AXON FUSUS - LICENSE - ADDITIONAL CCTV STREAMS 750 01/01/2026 12/31/2030 AXON FUSUS PLUS TO PRO PLUS UPGRADE BUNDLE 101778 AXON FUSUS - LICENSE - UPGRADE FROM PLUS TO PRO+290 01/01/2026 12/31/2030 AXON FUSUS PRO PLUS (NO AXON BWC) BUNDLE 101708 AXON FUSUS - LICENSE - PRO+ USER - NO AXON BODY 10 01/01/2026 12/31/2030 Services Bundle Item Description QTY A la Carte 101422 AXON FUSUS - PSO - CORE DEPLOYMENT 15 A la Carte 101781 AXON FUSUS - PSO - SW IMPLEMENTATION - PRO+1 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date Docusign Envelope ID: B4D72236-9606-45E5-A5A8-4D18B72B138F Page 213 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 4 Q-713155-45993MT Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 12/01/2026 12/31/2030 A la Carte 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 14 12/01/2026 12/31/2030 Docusign Envelope ID: B4D72236-9606-45E5-A5A8-4D18B72B138F Page 214 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 5 Q-713155-45993MT Shipping Locations Location Number Street City State Zip Country 1 315 4TH AVE CHULA VISTA CA 91910-3801 USA Payment Details Jan 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 14 $0.00 $0.00 $0.00 Year 1 101408 AXON FUSUS - CORE - CAD 1 $0.00 $0.00 $0.00 Year 1 101422 AXON FUSUS - PSO - CORE DEPLOYMENT 15 $0.00 $0.00 $0.00 Year 1 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 1 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 14 $0.00 $0.00 $0.00 Year 1 101781 AXON FUSUS - PSO - SW IMPLEMENTATION - PRO+1 $14,000.00 $0.00 $14,000.00 Year 1 S00021 AXON FUSUS PRO PLUS (NO AXON BWC) BUNDLE 10 $4,680.00 $0.00 $4,680.00 Year 1 S00023 AXON FUSUS PLUS TO PRO PLUS UPGRADE BUNDLE 290 $116,858.40 $0.00 $116,858.40 Invoice Upon Fulfillment S00021 AXON FUSUS PRO PLUS (NO AXON BWC) BUNDLE 10 $0.00 $0.00 $0.00 Total $135,538.40 $0.00 $135,538.40 Jan 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 14 $0.00 $0.00 $0.00 Year 2 101408 AXON FUSUS - CORE - CAD 1 $0.00 $0.00 $0.00 Year 2 101422 AXON FUSUS - PSO - CORE DEPLOYMENT 15 $0.00 $0.00 $0.00 Year 2 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 2 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 14 $0.00 $0.00 $0.00 Year 2 101781 AXON FUSUS - PSO - SW IMPLEMENTATION - PRO+1 $14,000.00 $0.00 $14,000.00 Year 2 S00021 AXON FUSUS PRO PLUS (NO AXON BWC) BUNDLE 10 $4,680.00 $0.00 $4,680.00 Year 2 S00023 AXON FUSUS PLUS TO PRO PLUS UPGRADE BUNDLE 290 $116,858.40 $0.00 $116,858.40 Total $135,538.40 $0.00 $135,538.40 Jan 2028 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 14 $0.00 $0.00 $0.00 Year 3 101408 AXON FUSUS - CORE - CAD 1 $0.00 $0.00 $0.00 Year 3 101422 AXON FUSUS - PSO - CORE DEPLOYMENT 15 $0.00 $0.00 $0.00 Year 3 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 3 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 14 $0.00 $0.00 $0.00 Year 3 101781 AXON FUSUS - PSO - SW IMPLEMENTATION - PRO+1 $14,000.00 $0.00 $14,000.00 Year 3 S00021 AXON FUSUS PRO PLUS (NO AXON BWC) BUNDLE 10 $4,680.00 $0.00 $4,680.00 Year 3 S00023 AXON FUSUS PLUS TO PRO PLUS UPGRADE BUNDLE 290 $116,858.40 $0.00 $116,858.40 Total $135,538.40 $0.00 $135,538.40 Jan 2029 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 14 $0.00 $0.00 $0.00 Docusign Envelope ID: B4D72236-9606-45E5-A5A8-4D18B72B138F Page 215 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 6 Q-713155-45993MT Jan 2029 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 101408 AXON FUSUS - CORE - CAD 1 $0.00 $0.00 $0.00 Year 4 101422 AXON FUSUS - PSO - CORE DEPLOYMENT 15 $0.00 $0.00 $0.00 Year 4 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 14 $0.00 $0.00 $0.00 Year 4 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 4 101781 AXON FUSUS - PSO - SW IMPLEMENTATION - PRO+1 $14,000.00 $0.00 $14,000.00 Year 4 S00021 AXON FUSUS PRO PLUS (NO AXON BWC) BUNDLE 10 $4,680.00 $0.00 $4,680.00 Year 4 S00023 AXON FUSUS PLUS TO PRO PLUS UPGRADE BUNDLE 290 $116,858.40 $0.00 $116,858.40 Total $135,538.40 $0.00 $135,538.40 Jan 2030 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 14 $0.00 $0.00 $0.00 Year 5 101408 AXON FUSUS - CORE - CAD 1 $0.00 $0.00 $0.00 Year 5 101422 AXON FUSUS - PSO - CORE DEPLOYMENT 15 $0.00 $0.00 $0.00 Year 5 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 5 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 14 $0.00 $0.00 $0.00 Year 5 101781 AXON FUSUS - PSO - SW IMPLEMENTATION - PRO+1 $14,000.00 $0.00 $14,000.00 Year 5 S00021 AXON FUSUS PRO PLUS (NO AXON BWC) BUNDLE 10 $4,680.00 $0.00 $4,680.00 Year 5 S00023 AXON FUSUS PLUS TO PRO PLUS UPGRADE BUNDLE 290 $116,858.40 $0.00 $116,858.40 Total $135,538.40 $0.00 $135,538.40 Docusign Envelope ID: B4D72236-9606-45E5-A5A8-4D18B72B138F Page 216 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 7 Q-713155-45993MT Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Docusign Envelope ID: B4D72236-9606-45E5-A5A8-4D18B72B138F Page 217 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda age 8 Q-713155-45993MT d1\ Signature Tiffany Allen, City Manager Date Signed 12/2/2025 Termination for Convenience. The City may terminate this Contract at any time for the convenience of the City, by a thirty ( 30 ) day written notice in writing from the City to Axon through January 31, 2026. Approved as to form Marco A. Verdugo, City Attorney Docusign Envelope ID: B4D72236-9606-45E5-A5A8-4D18B72B138F For 12/29/2025 Page 218 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda City of Chula Vista Amendment to Agreement No.: 2025-438 Motorola Name: Motorola Solutions, Inc. Rev. 10/08/2025 THIRD AMENDMENT to Agreement between the City of Chula Vista and Motorola Solutions, Inc. For Chula Vista Police Department Command Central Aware and Aerial Suite This THIRD AMENDMENT (“Amendment”) is entered into effective as of December 15, 2025 (“Effective Date”) by and between the City of Chula Vista (“Customer”) and Motorola Solutions, Inc. (“Motorola”) (collectively, the “Parties”) with reference to the following facts: RECITALS WHEREAS, the Parties previously entered into an agreement for the Chula Vista Police Department Command Central Aware and Aerial Suite (“Original Agreement”) on December 17, 2020 (REF/Control No. 20-105986); and WHEREAS, the Parties executed the First Amendment to the Original Agreement on February 17, 2022 to amend Section 8.2 of the Original Agreement regarding Customer Data; and WHEREAS, the Parties executed the Second Amendment to the Original Agreement on November 19, 2024 to exercise an option year and extend the term of the Original Agreement through December 14, 2025; and WHEREAS, the Parties desire to amend the Original Agreement to extend the term of the Original Agreement by one (1) year, terminating on December 14, 2026 at a rate of $3,750 per month for as more specifically set forth below; and WHEREAS, Customer may terminate for convenience the Original Agreement upon sixty- days’ written notice prior to the effective date of termination. NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of the parties set forth herein, the Parties agree as follows: 1. The maximum amount to be paid to Motorola for services performed through December 14, 2026 shall be at a monthly rate of $3,750 with a total cost set not to exceed $45,000. The total amount to be paid to Motorola for services provided during the initial and extended term shall not exceed $278,176.12. 2. Section 3, Term, of the Subscription Services Agreement of the Original Agreement will include the following language to be added as Section 3.4: “3.4 Termination for Convenience. Customer may terminate this Agreement, in whole or in part, at any time for its convenience. To exercise this right, Customer shall provide Motorola with written notice at least sixty (60) days prior to the effective date of termination. The notice shall specify the effective date and indicate whether the Page 219 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda City of Chula Vista Amendment to Agreement No.: 2025-438 Motorola Name: Motorola Solutions, Inc. Rev. 10/08/2025 termination is in whole or in part; if in part, the notice shall identify the portion of the Agreement being terminated. In the event of a termination for convenience, Customer shall only be liable for payment of the portion of the Contract Price attributable to software delivered and services performed through the effective date of termination. Under no circumstances shall Motorola be required to refund any amounts prepaid by the City.” 3. Except as expressly provided herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 4. Each party represents that it has full right, power and authority to execute this THIRD Amendment and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this Amendment on the behalf of such party are duly authorized agents with authority to do so. (End of page. Signature page to follow.) Page 220 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda City of Chula Vista Amendment to Agreement No.: 2025-438 Motorola Name: Motorola Solutions, Inc. Rev. 10/08/2025 SIGNATURE PAGE TO THIRD AMENDMENT TO CHULA VISTA POLICE DEPARTMENT COMMAND CENTRAL AWARE AND AERIAL SUITE MOTOROLA SOLUTIONS, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ LARSEN GRABENKORT JOHN MCCANN AREA SALES MANAGER MAYOR ATTEST BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: _______________________________ Marco Verdugo City Attorney Page 221 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Chula Vista Police Department Chula Vista PD Policy Manual Real Time Crime Center (RTCC) 616.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance for the use of Real Time Crime Center (RTCC) technology. 616.2 DEFINITIONS • Real-Time Crime Center (RTCC): A centralized operational unit that integrates live and near-real-time data, technology platforms, and analytical resources to support patrol officers, investigators, and command staff during active incidents and ongoing crime-reduction efforts. The RTCC consolidates information from multiple sources, including computer-aided dispatch (CAD), records management systems (RMS), automated license plate readers (ALPR), camera systems at City facilities (such as the Police Department, Public Works, Libraries, and City Hall), body-worn cameras, unmanned aircraft systems (drones), and other lawfully authorized technologies. While each of these technologies operates under its own established policies and procedures, the purpose of the RTCC is to co-locate and coordinate these resources to enable timely, accurate, and data-driven policing • Automated License Plate Reader (ALPR): A device that uses cameras and computer technology to compare digital images to lists of known information of interest. (CVPD Policy: 460: Automated License Plate Readers) • Computer-Aided Dispatch (CAD) system: A software platform used to receive, prioritize, document, and manage calls for service and to coordinate the deployment of police resources in real time. (CVPD Policy 802: Communication Operations) • Records Management System (RMS): A secure, centralized information system used to collect, store, manage, and retrieve official law enforcement records. (CVPD Policy 810: Records Maintenance and Release) • Sensitive Technology: Any electronic device, software program, or hosted software solution owned or operated by the City that generates or collects Sensitive Personal Information, but which is not designed or intended to be used for surveillance. (CVPD Policy 616 Page 222 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Chula Vista Police Department Chula Vista PD Policy Manual Real Time Crime Center (RTCC) Copyright Lexipol, LLC 2025/09/16, All Rights Reserved. Published with permission by Chula Vista Police Department ***DRAFT*** Real Time Crime Center (RTCC) - 2 Policy 604: Third-Party Video Feeds and Sensitive Technology & City of Chula Vista Policy 112-04, Privacy Protection and Technology Transparency Policy) • City Owned Cameras: Camera system(s) owned by the city on city-owned property for the purpose of protecting city property and safety of city patrons and employees. (CVPD Policy 604: Third-Party Video Feeds and Sensitive Technology) • Body Worn Cameras: A portable audio and video recording device worn on an employee that captures interactions and observations. (CVPD Policy 448: Portable Audio/Video Recorders) • Drones: An unmanned aircraft designed for gathering information through imaging recording or other means. (CVPD Policy 613: Unmanned Aerial System Operations) 616.3 POLICY RTCC technology is classified as Sensitive Technology as defined by City of Chula Vista Policy 112-04, Privacy Protection and Technology Transparency Policy. The use of RTCC technology will be in strict accordance with all local, state and federal laws, and all provisions of the Chula Vista Police Department Manual. The remaining provisions of this policy were developed to adhere to the overarching intent of City of Chula Vista Policy 112 -04, Privacy Protection and Technology Transparency Policy. The policy of the Chula Vista Police Department is to utilize RTCC technology as a centralized hub for police technology, incident support, and data integration. The RTCC enhances the department’s ability to maintain real-time situational awareness by consolidating information from multiple systems — including city owned cameras at the police department, city hall, libraries and public works, real-time alerts, Computer-Aided Dispatch (CAD), Automated License Plate Readers (LPR), Records Management Systems (RMS), drone flight information, and resource tracking (officer locations) into a single, unified “pane of glass.” 616.4 ADMINISTRATION All installation and maintenance of RTCC software, as well as RTCC data retention and access, shall be managed by the Assistant Chief of Police. The Assistant Chief of Police may assign other department members under their command to assist in the administration of day-to-day operation of the RTCC software. 616.5 OPERATIONS Page 223 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Chula Vista Police Department Chula Vista PD Policy Manual Real Time Crime Center (RTCC) Copyright Lexipol, LLC 2025/09/16, All Rights Reserved. Published with permission by Chula Vista Police Department ***DRAFT*** Real Time Crime Center (RTCC) - 3 All RTCC system users shall access the RTCC system utilizing individual credentials assigned by the Chula Vista Police Department or its automated systems. All access and use of the RTCC system is logged and subject to audit at the discretion of the Chula Vista Police Department or other lawful authority. Use of an RTCC is restricted to the purposes outlined below. Department members shall not use or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53). (a) RTCC software shall only be used for official law enforcement business. (b) Use of any RTCC technology for mutual aid assistance must adhere to departmental policy 352 “Outside Agency Assistance”. 616.6 PROHIBITED USE OF RTCC SYSTEMS The RTCC situational awareness platform consolidates the above-referenced systems but does not independently collect, retain, or store data, except for maintaining audit logs that document user access and the features utilized. The platform functions as a single interface into existing Police Department systems, allowing authorized users to view information from multiple sources in a unified and cohesive manner. This consolidation enhances situational awareness and supports faster, more accurate operational decision-making and response Department personnel may only access and use the RTCC system for official and legitimate law enforcement purposes consistent with this policy. The following uses of the RTCC system are specifically prohibited: 616.6.1.1 Invasion of Privacy: Except when done pursuant to a court order such as a search warrant, it is a violation of this Policy to utilize the RTCC system as an invasion of privacy. Personnel shall not arbitrarily collect RTCC data beyond a legitimate law enforcement purpose. 616.6.1.2 Harassment or Intimidation: It is a violation of this policy to use the RTCC system to harass and/or intimidate any individual or group. 616.6.1.3 Use Based on a Protected Class or Characteristic: It is a violation of this policy to use the RTCC system or associated data solely based on the race, gender, religion, political affiliation, nationality, ethnicity, sexual orientation, disability, or other legally protected classification of any person or group. 616.6.1.4 Personal Use: It is a violation of this Policy to use the RTCC system or associated data for any personal purpose. Page 224 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Chula Vista Police Department Chula Vista PD Policy Manual Real Time Crime Center (RTCC) Copyright Lexipol, LLC 2025/09/16, All Rights Reserved. Published with permission by Chula Vista Police Department ***DRAFT*** Real Time Crime Center (RTCC) - 4 616.6.1.5 Violation of First Amendment Rights: It is a violation of this policy to use the RTCC system or associated data for the purpose or intended effect of unlawfully infringing upon the First Amendment rights of any person or group. 616.6.1.6 Consistent with departmental policy 428 “Immigration Guidelines”, members are prohibited from using any department resources for immigration enforcement purposes. Violation of this policy or any lawful regulation related to RTCC systems may be subject to administrative discipline, criminal prosecution, and/or civil liability. 616.7 ACCOUNTABILITY The RTCC software system only allows for the flow of data from existing systems when required to support emergency response or investigative activities and does not retain any Personally Identifiable Information once that purpose is fulfilled. Each independent system that shares information via the RTCC software system continues to have their specific retention schedule as detailed in the City’s master retention schedule. Furthermore, the RTCC software system includes robust auditing and reporting features to ensure the appropriate use of all data, complementing existing auditing mechanisms already present within department systems. The department will be using the system’s auditing tools to perform periodic review of use and access to ensure compliance with city and department policies on the proper use of city resources and information. The system is compliant with CJIS (Criminal Justice Information Services). CJIS compliance requires agencies to safeguard the civil liberties of individuals and businesses and shield private and sensitive information. This compliance is essential to have access to this sensitive information. 616.8 TRAINING The Training Manager should ensure that members receive department-approved training for those authorized to use or access the RTCC system (Civil Code § 1798.90.51; Civil Code § 1798.90.53). Page 225 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda CHULA VISTA POLICE DEPARTMENT ENHANCING REAL-TIME POLICING THROUGH TECHNOLOGY: RTCC SOFTWARE UPGRADE Presented to Council January 6, 2026 PRESENTER TONIA DUNNEBACKE Page 226 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda WHAT IS A REAL TIME CRIME CENTER (RTCC) 2 It serves as a centralized hub for police technology, incident support, and data integration. •The RTCC enhances the department’s ability to maintain real- time situational awareness by consolidating information from multiple systems. •Provides faster, smarter & de- escalation strategies to units responding to calls. Page 227 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Page 228 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda THE COMPETITIVE BID PROCESS 4 Request For Proposal (RFP) #P26-2025 •Command Central Aware (CCA) •Contract year – 2020 •Contract end date – December 2025 • RFP •Issued on May 2025 •Request for bids for RTCC operations •Process included different steps: •Review vendor functionality, security, integration, cost, and ability to integrate additional features that may be activated in the future •Outreach to agencies already using the software •Presentations by vendors •AXON FUSUS was selected as the best solution Page 229 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda SYSTEM SECURITY 5 •Privacy and Transparency •Fusus was presented to PTAC on 12/1/25 •Fusus acts as a conduit to share data stored in existing systems •AWS and Azure GovCloud •Personal Identifiable Information (PII) data is not retained •Built-in auditing and accountability tools are consistent with city policies and the Criminal Justice Information Services (CJIS) •Periodic cyber security penetration tests •Continuous cyber security monitoring •Visit trust.fusus.com for a comprehensive list of documentation of compliance •Fusus Core Device •Build-in endpoint security •Video data is encrypted at AES 256-bit encryption while at rest until accessed by an authorized and authenticated user. Data is then securely transmitted following FIPS 140-2 standards. Page 230 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda SINGLE PANE OF GLASS SOLUTION 6 . •Consolidates existing crime and information resources into a single pane to facilitate faster more accurate responses. •City owned cameras •Drone flight information and video •License Plate Readers (LPRs) •Building floorplans •Body worn camera integration •Computer-Aided Dispatch (CAD) •Tracking of resources •Assessing analytical methods for system-usage metrics and internal auditing Page 231 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda POTENTIAL ENHANCED SERVICES 7 •Fusus is vendor agnostic and able to integrate with various law enforcement products as the department grows and adopts new technologies. •Any future integrations are included in the cost and will follow the appropriate steps including community feedback, PTAC, and City Council approval. Page 232 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda FISCAL IMPACT 8 DESCRIPTION FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 TOTAL Axon Fusus Software Solution $135,538 $135,538 $135,538 $135,538 $135,538 $677,692 •Fiscal Impact •Contract Term: Jan 1, 2026 – Dec 31, 2026, with option to renew for an additional 4 years •Annual cost: $135,538 per year. Total potential contract value $677,692 •Funding •Funding to be appropriated across each fiscal year •First two years of the agreement will be funded by available fund balance in the Police Section of the Local Grants Fund (Asset Seizure Fund). •The Police Department will work with the Finance Department as part of the annual process to identify funding for Year 3 through 5. However, should funds become available in the Police Section of the Local grants Fund, those funds will continue to fund the remainder of the agreement costs. Page 233 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda CHULA VISTA POLICE DEPARTMENT ENHANCING REAL-TIME POLICING THROUGH TECHNOLOGY: RTCC SOFTWARE UPGRADE THANK YOU! ANY QUESTIONS? PRESENTER TONIA DUNNEBACKE Page 234 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda Note: Appointments to SANDAG’S Policy Advisory Committees (Borders, Executive, Public Safety, Regional Planning, and Transportation) are made by the primary representatives of each of the South County Subregion member agencies (National City, Chula Vista, Imperial Beach, and Coronado) – not by City Council. City Council Committee/Subcommittee Appointments (Updated 8/19/2025) MEMBER AIDES/STAFF APPOINTMENTS JOHN McCANN Mayor 1st Term: 2022-2026 - Amanda Fredeluces, Chief of Staff - Tyler Miller, Sr. Council Assistant - Claudia Zarza, Policy Aide - Justine Talavera, Executive Secretary for Council Office  Metropolitan Transit System Board of Directors (MTS) – Member (Mayor)  Chula Vista Bayfront Facilities Financing Authority Board of Directors – Member  Chula Vista University Subcommittee – Member (internal subcommittee of the Council)  Chula Vista Veterans Home Support Foundation – Member  International Council for Local Environmental Initiatives (ICLEI) – Alternate  League of California Cities San Diego Division – Member  South County Economic Development Council (EDC) – Alternate CAROLINA CHAVEZ Deputy Mayor District 1 1st Term: 2022-2026 - Jarred Cole, Sr. Council Assistant  San Diego Association of Governments (SANDAG) Board of Directors – Member  South County Economic Development Council (EDC) – Member  International Council for Local Environmental Initiatives (ICLEI) – Member  University Project Task Force with Southwestern College – Member  Chula Vista Veterans Home Support Foundation – Alternate  League of California Cities San Diego Division – Alternate  San Diego Association of Governments (SANDAG) Shoreline Preservation Working Group – Alternate JOSE PRECIADO District 2 1st Term: 2022-2026 - Diana Quintero, Sr. Council Assistant  Metropolitan Transit System Board of Directors (MTS) – Alternate  Metropolitan Wastewater Commission (Metro) – Member  San Diego Association of Governments (SANDAG) Bayshore Bikeway Task Force – Member  Interagency Water Task Force – Member  San Diego Community Power Authority – Alternate MICHAEL INZUNZA District 3 1st Term: 2024-2028 - Francisco Mercado, Sr. Council Assistant  Chula Vista University Subcommittee – Member (internal subcommittee of the Council)  Otay Valley Regional Park (OVRP) Policy Committee – Member  Otay Ranch Preserve Owner Manager (POM) Policy Committee – Member  San Diego Association of Governments (SANDAG) Shoreline Preservation Working Group – Member  Metropolitan Wastewater Commission (Metro) – Alternate  San Diego Association of Governments (SANDAG) Bayshore Bikeway Task Force – Alternate  San Diego Association of Governments (SANDAG) Board of Directors – 2nd Alternate  San Diego Community Power Authority – Member  University Project Task Force with Southwestern College – Member CESAR FERNANDEZ District 4 1st Term: 2024-2028 - Rodrigo Arancibia, Sr. Council Assistant  San Diego Association of Governments (SANDAG) Board of Directors – 1st Alternate  Metropolitan Transit System Board of Directors (MTS) – 2nd Member  Interagency Water Task Force – Member  Chula Vista Bayfront Facilities Financing Authority Board of Directors – Member  Otay Ranch Preserve Owner Manager (POM) Policy Committee – Alternate  Otay Valley Regional Park (OVRP) Policy Committee – Alternate Page 235 of 235 City of Chula Vista - City Council January 6, 2026 Post City Council Agenda