HomeMy WebLinkAbout2026/03/03 Post Agenda Packet
Date:Tuesday, March 3, 2026, 5:00 p.m.
Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA
REGULAR CITY COUNCIL MEETING
**REVISED 2/27/2026**
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.
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda Page 2 of 260
Pages
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
4.CONSENT CALENDAR (Items 4.1 through 4.8)
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.
4.1 Approve Meeting Minutes 8
RECOMMENDED ACTION:
Approve the minutes dated: February 2 and 10, 2026.
4.2 Waive Reading of Text of Resolutions and Ordinances
RECOMMENDED ACTION:
Approve a motion to read only the title and waive the reading of the text of all
resolutions and ordinances at this meeting.
4.3 Consider Requests for Excused Absences 19
RECOMMENDED ACTION:
Consider approving a request to excuse Mayor McCann from the February 2,
2026, Special City Council meeting.
4.4 Agreement Amendment: Approve a Third Amendment to the Agreement with
Fehr & Peers to Provide Professional Services Related to Transportation
Development Impact Fee Program Updates and Appropriate Funds for that
Purpose
20
Report Number: 26-0051
Location: No specific geographic location
Department: Development Services
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 the third amendment to the agreement with Fehr &
Peers to provide professional services related to the Transportation Development
Impact Fee Programs updates and appropriating funds for that purpose. (4/5 Vote
Required)
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda Page 3 of 260
4.5 Service Agreements: Approve a Contractor Service Agreement with BodyWorks
Collision, Inc. and MJP Enterprises, Inc. to Provide Collision Repair Services
34
Report Number: 25-0263
Location: No specific geographic location
Department: Public Works
G.C. § 84308 Regulations Apply: No
Environmental Notice: The proposed action 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 the following resolutions:
A) Accepting bids, approving a contractor service agreement with BodyWorks
Collision, Inc. to provide collision repair services in an amount not to exceed
$1,000,000, and authorizing the City Manager to execute the contract and any
related documents in forms approved by the City Attorney; and
B) Accepting bids, approving a contractor service agreement with MJP
Enterprises, Inc. to provide collision repair services in an amount not to exceed
$1,000,000, and authorizing the City Manager to execute the contract and any
related documents in forms approved by the City Attorney.
4.6 Contract Award Approval for Capital Improvement Project: Accept Bid and Award
a Contract to Swinerton Builders for the Millenia Library (GGV0267) Tenant
Improvements
78
Report Number: 26-0065
Location: 1775 Millenia Avenue
Department: City Manager & Engineering
G.C. § 84308 Regulations Apply: No
Environmental Notice: The Project is adequately covered in a previously certified
Final Second Tier Environmental Impact Report (“FEIR”) for the Otay Ranch
Eastern Urban Center (“EUC”) Sectional Planning Area (“SPA”) Plan and
Tentative Map (EIR 07-01; SCH No. 2007041074; certified by City Council
Resolution No. 2009-223 on September 15, 2009.
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda Page 4 of 260
RECOMMENDED ACTION:
Adopt a resolution A) accepting bids and awarding a public works contract to
Swinerton Builders for the construction of tenant improvements for the Millenia
Library (GGV0267) project in the amount of $9,695,542 and B) delegating
authority to the City Manager to waive requirements and make findings as
required by Chula Vista Municipal Code Section 2.56.160 (H) in furtherance of
this construction of Project improvements.
*4.7 Agreement Amendment: Approve an Amendment to the Legal Services
Agreement with Colantuono, Highsmith and Whatley, PC
88
Report Number: 26-0083
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 State Guidelines. Therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
4.8 Council Policies: Consider Revising and Adopting Policies on Records and
Information Management Program and Purchasing Environmentally Preferable
Products
93
Report Number: 25-0262
Location: No specific geographic location
Department: City Manager
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 the following resolutions:
Revising City Council Policy 112-01 Records and Information
Management Program; and
A.
Revising City Council Policy 2000-03 Purchasing Environmentally
Preferable Products
B.
5.PUBLIC COMMENTS 128
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.
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda Page 5 of 260
6.ACTION ITEMS
6.1 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.
6.2 Technology Impact Report: Presentation of Axon’s Software Solution Known as
Prepared
151
Report Number: 25-0302
Location: No specific geographic location
Department: Police
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 State Guidelines;
therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
RECOMMENDED ACTION:
Adopt a resolution approving a second amendment to the Master Services and
Purchasing Agreement with Axon Enterprise, Inc. to add Prepared emergency
response platform and approving a Use Policy for Communications Center
technology.
6.3 Due Process and Safety: Adopt an Ordinance Adding Chapter 2.19 (Due Process
and Safety in City Facilities) to the Chula Vista Municipal Code
250
Report Number: 26-0068
Location: No specific geographic location
Department: City Manager
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:
Place an ordinance on first reading adding Chapter 2.19 (Due Process And
Safety in City Facilities) to the Chula Vista Municipal Code, establishing
protections to ensure that City facilities and contracts are not utilized in a manner
that facilitates discrimination, unlawful detention, or the criminalization of
individuals based on immigration status (First Reading).
7.PUBLIC COMMENTS (CONTINUED)
There will be no continued Public Comment period if all speakers present at the first
Public Comment period are heard.
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda Page 6 of 260
8.CITY MANAGER’S REPORTS
9.MAYOR’S REPORTS
10.COUNCILMEMBERS’ REPORTS
11.CITY CLERK'S REPORTS
12.CITY ATTORNEY'S REPORTS
13.ADJOURNMENT
to the special City Council meeting on March 10, 2026, at 5:00 p.m. in the Executive
Conference Room, 103, and then to the regular City Council meeting on March 17, 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
March 3, 2026 Post City Council Agenda Page 7 of 260
City of Chula Vista
Special City Council Meeting
MINUTES
Date:
Location:
February 2, 2026, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Chavez, Deputy Mayor Fernandez, Councilmember
Inzunza, Councilmember Preciado
Absent: Mayor McCann (Excused absence pending City Council approval)
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.
Councilmember Preciado joined the meeting at 5:01 p.m.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Led by Councilmember Chavez.
4. ACTION ITEMS
4.1 Consider Adopting a Resolution Affirming the City's Commitment to
Individual Rights, Condemning Certain Immigration Enforcement Activities,
Waiving Council Policy 102-01, and Directing Flags to be Displayed at Half-
Staff
Deputy Mayor Fernandez spoke regarding item.
The following members of the public spoke in support of the item:
Paloma Aguirre representing the County of San Diego
Jose Rodriguez
Ansermio Estrada
Marco Briones representing San Diego Imperial County Labor Council
Brigette Browning
Crisoforo Gomez
Lisa Schmidt
Page 8 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
2026-02-02 Special City Council Meeting Minutes
Page 2
Kelly King
Aldo Brambila
John Teevan
Ian Fregosi representing the Office of State Senator Padilla
James Moffat
The following members of the public spoke in opposition to the item:
Robert
Gale Moriarity
Robert Moriarity
Chuck Sanfillipo
Bebe
Greg Martinez
Ms. Strange
Martin Trim
Mary Davis
Laura D.
Nona A.
Angelica Martinez
The following members of the public spoke, expressing a neutral position on the
item:
Admiral Rivera
Pedro Rios
Kahleia Dillon
The following members of the public submitted written comments in support of the
item:
Antonio Martinez
Marni von Willpert
Adriana Hice
Penny M.
Alicia
Gloria Casillas
JM
Melody
Gonzalo
Gabriel
Jack L. Ravage
Eddie C.
Margarita
Maria Moore-Flagg
Maggie
Beatrice Fernandez
Kris Brown
Jacky Bandholz
Daniel Dumile
Ben
Page 9 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
2026-02-02 Special City Council Meeting Minutes
Page 3
J. Fester
Lucy Ugarte
Luke from MN
Melissa Peterman
Abram Garcia
The following members of the public submitted written comments in opposition to
the item:
Adam
Jake
John
Transparency
David
Charlie
Sam
Troy
Audit
Audra M.
Dan
James
Dolores
Greg Martinez
Chris
North Carolina
Kim Yeater
Lee
Robert Johnson
Heidi
Mel
Bob
Ed
At the request of Councilmember Chavez, there was a consensus of a majority of
the City Council to direct staff to return at the next regular meeting with a proposed
ordinance that included, at a minimum, limits on federal access to non-public City
property or City resources without a valid judicial warrant; restrictions on City staff
participation in federal task forces or enforcement actions that could target
individuals based on immigration status, identity, reproductive care, disability, or
other protected characteristics; prohibitions on the collection or sharing of
protected personal data, such as health information or religious beliefs, with federal
or out-of-state agencies without proper legal process; requirements for increased
transparency, including public reporting on federal collaborations; and multilingual
“Know Your Rights” materials at City facilities and City-funded sites to ensure
residents understand their legal protections under the ordinance.
Moved by Deputy Mayor Fernandez
Seconded by Councilmember Inzunza
To adopt Resolution No. 2026-022, the heading was read, text waived. The motion
was carried by the following vote:
Page 10 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
2026-02-02 Special City Council Meeting Minutes
Page 4
Yes (4): Councilmember Chavez, Deputy Mayor Fernandez, Councilmember
Inzunza, and Councilmember Preciado
Result, Carried (4 to 0)
Item 4.1 heading:
RESOLUTION NO. 2026-022 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA REAFFIRMING ITS COMMITMENT TO DUE PROCESS, PUBLIC SAFETY,
AND NEIGHBORLY RESPONSIBILITY, CONDEMNING CERTAIN IMMIGRATION
ENFORCEMENT ACTIVITIES OF THE UNITED STATES DEPARTMENT OF
HOMELAND SECURITY IN MINNESOTA AND ELSEWHERE, WAIVING CITY
COUNCIL POLICY 102-01 (FLAGS – DISPLAY), AND DIRECTING THE CITY
MANAGER TO IMPLEMENT RELATED ACTIONS CONSISTENT WITH THE
CITY’S GOOD NEIGHBOR POLICY
At the request of Councilmember Inzunza, there was a consensus of the City
Council to refer Council Policy 111-02, related to Special Orders of the Day and
proclamations to the City Attorney for review. The referral includes consideration of
incorporating standard proclamation templates as exhibits to the policy, along with
any additional recommendations the City Attorney may bring forward for future City
Council consideration.
5. ADJOURNMENT
The meeting was adjourned at 6:27 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk
Page 11 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
City of Chula Vista
Regular City Council Meeting
MINUTES
Date:
Location:
February 10, 2026, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Chavez, Deputy Mayor 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 5:01 p.m.
City Clerk Bigelow announced that Councilmember Inzunza would participate remotely
due to an approved Americans with Disabilities Act accommodation and that all votes
would be taken by roll call.
Councilmember Inzunza stated that no members of the public were participating from his
location.
2. ROLL CALL
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Led by Deputy City Manager Chase.
4. SPECIAL ORDERS OF THE DAY
4.1 Presentation of a Proclamation Honoring Arnulfo Manriquez in His
Retirement of 21 Years at MAAC in the City of Chula Vista
The proclamation was presented.
5. CONSENT CALENDAR (Items 5.1 through 5.10)
John Acosta, Chula Vista resident, spoke regarding various issues.
Moved by Mayor McCann
Seconded by Deputy Mayor Fernandez
To approve the recommended actions appearing below consent calendar Items 5.1
through 5.10. The headings were read, text waived. The motion was carried by the
following roll call vote:
Page 12 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
2026-02-10 Regular City Council Meeting Minutes
Page 2
Yes (5): Councilmember Chavez, Deputy Mayor Fernandez, Councilmember Inzunza,
Councilmember Preciado, and Mayor McCann
Result, Carried (5 to 0)
5.1 Approve Meeting Minutes
Approve the minutes dated: January 20, 2026
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 Speed Limit Adjustment: First Avenue between ‘E’ Street and ‘L’ Street and
Second Avenue between ‘C’ Street and ‘L’ Street Decrease from 30 MPH to 25
MPH
Adopt an ordinance reducing the speed limits on First Avenue between ‘E’ Street
and ‘L’ Street and Second Avenue between ‘C’ Street and ‘L’ Street from 30 MPH to
25 MPH and amending Schedule X of the Register maintained in the office of the
City Engineer to reflect the amended speed limits. (Second Reading and
Adoption)
Item 5.3 heading:
ORDINANCE NO. 3617 OF THE CITY OF CHULA VISTA DECREASING THE
SPEED LIMIT ON FIRST AVENUE BETWEEN ‘E’ STREET AND ‘L’ STREET AND
SECOND AVENUE BETWEEN ‘C’ STREET AND ‘L’ STREET FROM 30 MPH TO
25 MPH, AND AMENDING SCHEDULE X OF THE REGISTER MAINTAINED IN
THE OFFICE OF THE CITY ENGINEER TO REFLECT THE REVISED SPEED
LIMITS (SECOND READING AND ADOPTION)
5.4 Grant Award and Appropriation: Accept Grant Funds from the San Diego
County Air Pollution Control District for the Purchase of a Replacement
Forklift and Appropriate Funds for that Purpose
Adopt a resolution accepting $22,516 from the San Diego County Air Pollution
Control District for the purchase of a forklift for the Chula Vista Fire Department,
Training Division; and amending the fiscal year 2025-26 adopted budget by
appropriating these funds for that purpose. (4/5 Vote Required)
Item 5.4 heading:
RESOLUTION NO. 2026-023 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING A GRANT AWARD FROM THE SAN DIEGO COUNTY AIR
POLLUTION CONTROL DISTRICT AND APPROPRIATING FUNDS THEREFOR
(4/5 VOTE REQUIRED)
5.5 Grant Acceptance and Appropriation: Accept and Appropriate Grant Funds
from the San Diego Seniors Community Foundation
Adopt a resolution A) Accepting two grants from the San Diego Seniors Community
Foundation, one for “No Senior Alone for the Holidays” in the amount of $4,000 and
one for “Empower San Diego Senior Centers” in the amount of $6,800; and B)
Page 13 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
2026-02-10 Regular City Council Meeting Minutes
Page 3
Amending the fiscal year 2025-26 budget by appropriating funds to the Parks and
Recreation Section of the Other Grants Fund for that purpose. (4/5 Vote Required)
Item 5.5 heading:
RESOLUTION NO. 2026-024 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING GRANT FUNDS FROM THE SAN DIEGO SENIORS
COMMUNITY FOUNDATION, AMENDING THE FISCAL YEAR 2025-26 BUDGET
AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
5.6 Annual Financial Report: Accept the Annual Comprehensive Financial Report
and Update on Reserve Funds for Fiscal Year Ended June 30, 2025
Adopt a resolution accepting the Annual Comprehensive Financial Report for Fiscal
Year Ended June 30, 2025.
Item 5.6 heading:
RESOLUTION NO. 2026-025 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING THE ANNUAL COMPREHENSIVE FINANCIAL REPORT
(ACFR) FOR FISCAL YEAR ENDING JUNE 30, 2025
5.7 Employee Compensation and Positions: Amended Compensation Schedule
and Authorized Departmental Position Counts
Adopt resolutions: A) Amending the Compensation Schedule to reflect a salary
adjustment for Parks Supervisor and amending the authorized position count in the
Finance and Public Works Departments; and B) Approving the revised Fiscal Year
2025-26 Compensation Schedule effective February 20, 2026, as required by the
California Code of Regulations, Title 2, Section 570.5.
Item 5.7 headings:
A) RESOLUTION NO. 2026-026 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE COMPENSATION SCHEDULE TO REFLECT A
SALARY ADJUSTMENT FOR PARKS SUPERVISOR AND AMENDING THE
AUTHORIZED POSITION COUNT IN THE FINANCE AND PUBLIC WORKS
DEPARTMENTS
B) RESOLUTION NO. 2026-027 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2025-26
COMPENSATION SCHEDULE EFFECTIVE FEBRUARY 20, 2026, AS REQUIRED
BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
5.8 Grant Award and Appropriation: Accept Grant Funds from Mission Edge San
Diego for Art Exhibit Capacity Expansion Program and Appropriate Funds for
that Purpose
Adopt a resolution accepting $20,000 from Mission Edge San Diego for the City of
Chula Vista Art Exhibit Capacity Expansion program and amending the Fiscal Year
2025-26 adopted budget by appropriating these funds to the Library Section of the
Other Grants Fund for that purpose. (4/5 Vote Required)
Item 5.8 heading:
Page 14 of 260
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March 3, 2026 Post City Council Agenda
2026-02-10 Regular City Council Meeting Minutes
Page 4
RESOLUTION NO. 2026-028 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING GRANT FUNDS FROM MISSION EDGE SAN DIEGO FOR
THE ART EXHIBIT CAPACITY EXPANSION PROGRAM, AMENDING THE
FISCAL YEAR 2025–26 BUDGET, AND APPROPRIATING FUNDS THEREFOR
(4/5 VOTE REQUIRED)
5.9 Policy and Investment Report: Amend City Council Policy No. 220-01,
Delegate Investment Activity Authority to the Director of Finance/Treasurer,
and Accept the Investment Report for Quarter Ending December 31, 2025
Adopt a resolution acknowledging receipt of City Council Policy No. 220-01
Investment Policy and Guidelines, amending the existing policy, delegating
investment activity authority to the Director of Finance/Treasurer, and accepting the
investment report for the quarter ending December 31, 2025.
Item 5.9 heading:
RESOLUTION NO. 2026-029 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACKNOWLEDGING RECEIPT OF COUNCIL POLICY 220-01,
INVESTMENT POLICY AND GUIDELINES, AMENDING THE EXISTING POLICY,
DELEGATING INVESTMENT ACTIVITY AUTHORITY TO THE DIRECTOR OF
FINANCE/TREASURER, AND ACCEPTING THE INVESTMENT REPORT FOR
THE QUARTER ENDING DECEMBER 31, 2025
5.10 Grant Administration: Authorize Agents to Act on Behalf of the City for
Purposes of Obtaining and Administering State or Federal Assistance
Through California Governor’s Office of Emergency Services Programs
Adopt a resolution designating the City Manager and the Director of Finance as
authorized agents to act on behalf of the City for purposes of obtaining and
administering state or federal assistance through California Governor’s Office of
Emergency Services programs.
Item 5.10 heading:
RESOLUTION NO. 2026-030 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DESIGNATING AUTHORIZED AGENTS TO ACT ON BEHALF OF THE
CITY FOR PURPOSES OF OBTAINING AND ADMINISTERING STATE OR
FEDERAL ASSISTANCE THROUGH CALIFORNIA GOVERNOR’S OFFICE OF
EMERGENCY SERVICES PROGRAMS
6. PUBLIC COMMENTS
John Acosta, Chula Vista resident, spoke regarding various topics.
The following members of the public spoke in support of Police Chief Kennedy:
Bishop Art Hodges, Chula Vista resident
Amado Huizar, Chula Vista resident
Pastor Ruben Rodriguez, Chula Vista resident
Pastor John Sorrentino, Chula Vista resident
Norma Toothman, Chula Vista resident
Rocky Martinez, Chula Vista resident
Page 15 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
2026-02-10 Regular City Council Meeting Minutes
Page 5
7. ACTION ITEMS
7.1 Consider Items Removed From the Consent Calendar, if Any
There were none.
7.2 South County Higher Education Task Force: Nominate Applicants to be
Interviewed, Determine a Date and Time for an Open Meeting to Conduct
Interview and Selection of Public Member(s)
Special Projects Manager Relph gave a presentation.
The following members of the public spoke regarding the item:
John Acosta
Lisa Schmidt
The following members of the public submitted written comments in support of
Jenne Frederickson being nominated to the task force:
Ralph M.
Janelle
Caroline H.
The nomination forms for the South County Higher Education Task Force were
distributed to City Council.
City Councilmembers completed their nomination forms and submitted them to City
Clerk Bigelow. City Clerk Bigelow announced the nominees who received two or
more nominations. Following City Council discussion, the following individuals were
invited to interview for the South County Higher Education Task Force seat: Adrian
Arancibia, Valita Jones, Patricia Became, Gala Ledezma, Tiffany Deal Hecklinski,
and Jesse Lopez.
There was a consensus of the City Council to set the date for the interviews for
March 10, 2026, at 5:00 p.m.
Moved by Mayor McCann
Seconded by Councilmember Preciado
To invite Adrian Arancibia, Valita Jones, Patricia Became, Gala Ledezma, Tiffany
Deal Hecklinski, and Jesse Lopez to participate in the interview process for the
South County Higher Education Task Force seat, and to set the interview date for
March 10, 2026, at 5:00 p.m. The motion was carried by the following roll call vote:
Result, Carried (5 to 0)
8. PUBLIC COMMENTS (CONTINUED)
The following members of the public spoke regarding various topics:
Purita Javier
Cesar Javier
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2026-02-10 Regular City Council Meeting Minutes
Page 6
The following members of the public spoke in support of Police Chief Kennedy:
Brandon Claypool
BeBe
Jesse Navarro
Gerry Sablan, representing the Police Department Community Advisory
Committee
Norma Cazares
Delia Dominguez-Cervantes
Andy Ballon
Greg Martinez
Cindy R., Chula Vista resident
Nancy Tiznado
Manuel Beltran
The following members of the public spoke regarding matters relating to homelessness:
James Wilson
Silvia Irigoyen
9. CITY MANAGER’S REPORTS
Deputy City Manager Chase made community announcements and updated the City
Council on a recent referral.
10. MAYOR’S REPORTS
Mayor McCann reported on attendance at recent events and made community
announcements.
11. COUNCILMEMBERS’ REPORTS
City Councilmembers reported on attendance at recent events and made community
announcements.
Deputy Mayor Fernandez gave an update on the recent MTS board meeting.
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 7:02 p.m. and reconvened in closed session at 7:08 p.m.
with all members present.
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2026-02-10 Regular City Council Meeting Minutes
Page 7
14.1 Public Employee Appointment Pursuant to Government Code Section
54957(b)
Moved by Mayor McCann
Seconded by Councilmember Chavez
To ratify the appointment of Luis Schaar as Director of Engineering/City Engineer.
The motion 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: Melissa Sanchez Martinez, et al. v. Issac Leonardo Perez, et al.,
San Diego Superior Court Case No. 25CL033956C
Action: No reportable action
15. ADJOURNMENT
Mayor McCann adjourned the meeting in memory of Jim Woodford.
The meeting was adjourned at 7:21 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk
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Chula Vista City Hall 276 4th Avenue Chula Vista CA
91910
jmccann@chulavistaca.gov
MEMO February 16, 2026 TO:
Kerry Bigelow, City Clerk CC: Tyshar
Turner, Deputy City Clerk
FROM: Mayor John McCann RE: Excused Absence for Special
Meeting on February
2nd Dear City Clerk, Please excuse my absence from the Special City Council meeting on Monday,
February 2, 2026. I was unable to attend due to being on military deployment overseas with
the United States Navy that was scheduled before this Special
Meeting was docketed/
scheduled. Yours in
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March 3, 2026
ITEM TITLE
Agreement Amendment: Third Amendment to the Agreement with Fehr & Peers to Provide Professional
Services Related to Transportation Development Impact Fee Program Updates and Appropriate Funds for
that Purpose
Report Number: 26-0051
Location: No specific geographic location
Department: Development Services
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 the third amendment to the agreement with Fehr & Peers to provide
professional services related to the Transportation Development Impact Fee Programs updates and
appropriating funds for that purpose. (4/5 Vote Required)
SUMMARY
Third Amendment to Consultant Services Agreement with Fehr & Peers to provide professional consulting
services supporting the City of Chula Vista Transportation Development Impact Fee program updates.
ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act
(“CEQA”), and it has been determined that the activity is not a “Project” as defined under Section 15378 of
the State CEQA Guidelines because it will not result in a physical change in the environment. Therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On April 9, 2024, the City Council approved a consultant services agreement with Fehr & Peers to provide
professional services supporting updates to the City’s Transportation Development Impact Fee (“TDIF”)
Program. This agreement, built upon prior consultant work initiated under a 2019 Council-approved
agreement related to changes required by SB 743 regarding the calculation of transportation related
development impact fees. The agreement included a budget of $112,500 and was subsequently amended on
October 30, 2024, and December 5, 2025, to extend the term of the agreement.
Staff now recommend approval of a Third Amendment (Attachment 1) to expand the scope of work to
address comments received from the development community and to incorporate recent updates that affect
TDIF fee calculations. These updates include coordination and outreach; travel modeling to evaluate whether
changes to the Main Street bridge over Wolf Canyon are warranted; confirmation of fee calculation
assumptions; updates to land use and fund balance data; revisions to the TDIF fee calculation tool; and
related project management services. The proposed work is intended to support implementation of updated
TDIF rates prior to the contract expiration date of June 30, 2027.
The Third Amendment would add $168,920 to the agreement, increasing the total not-to-exceed
authorization under the current agreement to $281,420. Funding for the amendment is provided by
developer-funded TDIF revenues. All other terms and conditions of the agreement remain unchanged.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Approval of this resolution amends the Consultant Services Agreement with Fehr & Peers for professional
services and increases appropriations for this purpose.
The services will be funded from the available balances of the Eastern and Western TDIF f unds. The cost
allocation between the Eastern and Western TDIF funds is based on the remaining fee program obligation as
of the most recent nexus study for each TDIF, 86% and 14%, respectively. Appropriations by fund are
summarized in the table below.
Funding Source Appropriation
Total Appropriation $ 168,920
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ONGOING FISCAL IMPACT
There is no ongoing fiscal impact resulting from this action.
ATTACHMENTS
1. Third Amendment to Consultant Services Agreement
Staff Contact: Scott Barker, Transportation Engineer, Development Services
Roy Sapa’u, Director of Development Services
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Form Rev 9/30/2025
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A THIRD AMENDMENT TO THE
AGREEMENT WITH FEHR & PEERS TO PROVIDE
PROFESSIONAL SERVICES RELATED TO
TRANSPORTATION DEVELOPMENT IMPACT FEE
PROGRAM UPDATES, AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, the City Council of the City of Chula Vista (“City”) adopted Resolution No.
2024-059 on April 9, 2024, to approve a Consultant Services Agreement between the City and
Fehr & Peers to provide Professional Services Supporting Chula Vista Transportation
Development Impact Fee Program Updates (the “Original Agreement”), and appropriated funds
therefore; and
WHEREAS, on October 30, 2024, the Chula Vista City Manager approved the First
Amendment to the Original Agreement to extend the contract term from November 29, 2024, to
December 31, 2025; and
WHEREAS, on December 5, 2025, the Chula Vista City Manager approved the Second
Amendment to the Original Agreement to extend the contract term from December 31, 2025, to
June 30, 2027; and
WHEREAS, the City requires additional consulting services to complete further evaluation
and updates to the City’s transportation development impact fee programs, including services
necessary to address comments received from the development community, and the Consultant
has the requisite skills to perform these additional services through June 30, 2027.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves a Third Amendment to the Agreement with Fehr & Peers to increase the not-to-
exceed amount by $168,920 to $281,420, in the form presented, with such minor modifications as
may be required or approved by the City Manager, a copy of which shall be kept on file in the
Office of the City Clerk; and authorizes the City Manager to execute same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it does
hereby amend the fiscal year 2025-26 budget to appropriate $145,271 in Supplies & Services
expenditures to the Eastern Transportation Development Impact Fee Fund and $23,649 in Supplies
and Services expenditures to the Western Transportation Development Impact Fee Fund from
available fund balances.
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Resolution No.
Page 2
Presented by Approved as to form by
Roy Sapa’u Marco A. Verdugo
Director of Development Services City Attorney
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City of Chula Vista Amendment to Agreement No.: 2026-024
Consultant Name: Fehr & Peers
Rev. 10/08/2025
THIRD AMENDMENT
to Agreement between the
City of Chula Vista
and
Fehr & Peers
For Professional Services Supporting City of Chula Vista
Transportation Development Impact Fee Program Updates
This THIRD AMENDMENT “Amendment” is entered into effective as of March 3, 2026
Effective Date” by and between the City of Chula Vista (“City”) and Fehr & Peers “Consultant”
with reference to the following facts:
RECITALS
WHEREAS, City and Consultant previously entered into a Consultant Services Agreement
to Provide Professional Services Supporting City of Chula Vista Transportation Development
Impact Fee Program Updates “Original Agreement” on April 9, 2024; and
WHEREAS, City and Consultant desire to amend the Agreement to expand services to
provide additional updates to the City's Transportation Development Impact Fee Program,
including an analysis of the Main Street bridge over Wolf Canyon) as more specifically set forth
below; and
WHEREAS, the City and Consultant entered into a FIRST Amendment to the Original
Agreement on October 30, 2024; and.
WHEREAS, the City and Consultant entered into a SECOND Amendment to the Original
Agreement on December 5, 2025.
NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of
the parties set forth herein, City and Consultant agree as follows:
1. Exhibit A, entitled Amended and Restated Scope of Work and Payment Terms is
hereby attached hereto and incorporated herein by this reference.
2. Except as expressly provided herein, all other terms and conditions of the Original
Agreement shall remain in full force and effect.
3. 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.
Docusign Envelope ID: AB7DDC8C-C1FE-4CFC-8FD6-B0203D089047
RESO #
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ity of Chula Vista Amendment to Agreement No.: 2026-024
Consultant Name: Fehr & Peers
Rev. 10/08/2025
SIGNATURE PAGE TO THIRD
AMENDMENT
TO
A CONSULTANT SERVICES AGREEMENT TO PROVIDE PROFESSIONAL
SERVICES SUPPORTING CITY OF CHULA VISTA TRANSPORTATION
DEVELOPMENT IMPACT FEE PROGRAM UPDATES
FEHR & PEERS CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
SARAH BRANDENBERG TIFFANY ALLEN
REGIONAL PRINCIPAL IN CHARGE CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco Verdugo
City Attorney
Docusign Envelope ID: AB7DDC8C-C1FE-4CFC-8FD6-B0203D089047
Procurement Review
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City of Chula Vista Amendment to Agreement No.: 2026-024
Consultant Name: Fehr & Peers
Rev. 10/08/2025
EXHIBIT A
AMENDED AND RESTATED
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Scott Barker
276 Fourth Avenue, Chula Vista CA 91910
619-691-5247
SBarker@chulavisttaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Contractor/Service Provider Contract Administration:
FEHR & PEERS
555 West Beech Street, Suite 302, San Diego CA 92101
619-758-3001
K.Cole@fehrandpeers.com
For Legal Notice Copy to:
Katy Cole
555 West Beech Street, Suite 302, San Diego CA 92101
619-758-3001
K.Cole@fehrandpeers.com
2. Required Services
A. General Description:
Contractor Fehr & Peers shall provide professional consulting services in support of the City's
Transportation Development Impact Fee program update as set forth in the Detailed Description
in Section 2.B below.
B. Detailed Description:
Task 1: Meetings and Coordination
Consultant shall facilitate regular weekly check-in meetings to track project progress, identify
and resolve issues, and coordinate project priorities and activities. This scope assumes up to 30
weekly meetings (45-minues average per meeting).
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City of Chula Vista Amendment to Agreement No.: 2026-024
Consultant Name: Fehr & Peers
Rev. 10/08/2025
In addition, Consultant shall participate in City management meetings and stakeholder meetings.
This scope assumes up to 10 management and/or stakeholder meetings. Each meeting is expected
to be 1.5 hours on average and will require an average of 4 hours for preparation.
Consultant shall also provide up to 20 hours of general coordination support on an as-needed
basis to respond to queries from the City staff outside of regularly scheduled meetings.
Task 2: Main Street, Wolf Canyon Bridge Deficiency Analysis
Consultant shall evaluate the roadway capacity requirement for the Main Street bridge over Wolf
Canyon (the "Wolf Canyon Bridge"). Currently, the Eastern Transportation Development Impact
Fee program includes a six-lane bridge, which was found to be necessary at the time of the 2014
nexus study, and which is consistent with the City's General Plan Land Use and Transportation
Element. Since the original analysis was conducted over ten years ago, Consultant shall complete
an analysis to verify the number of lanes that are needed on this bridge. This effort shall involve
the following services:
Review the current edition of the San Diego Association of Governments ("SANDAG")
regional activity-based model ("SANDAG ABM3") land use and roadway inputs for the area of
Chula Vista east of Interstate 805 under forecasted year 2050 conditions. Update the model
inputs to reflect projected growth through 2050, specifically within the areas served by the Wolf
Canyon Bridge (i.e., primarily Otay Ranch). Consultant shall incorporate land use inputs that
were recently used for the State Route 125 ("SR-125") interchanges Vehicle Miles Traveled
VMT") analysis (to be provided by the City).
Using the SANDAG ABM3 model (with updated lane use inputs as described above),
Consultant shall perform up to two (2) model runs to analyze roadway conditions for the
following scenarios:
Wolf Canyon Bridge as a six-lane bridge (which will represent “unconstrained” traffic flows)
Wolf Canyon Bridge as a four-lane bridge
Consultant shall document the base year (no change to the Wolf Canyon Bridge or updated
growth projections) daily roadway volumes using the “off-the-shelf” SANDAG ABM3 model.
Consultant shall evaluate daily traffic volumes and vehicle level of service for the base year and
2050 scenarios (four lane and six-lane bridge) for the following roadways:
Wolf Canyon Bridge (Main Street)
Main Street from I-805 to Heritage Road
Main Street from La Media Road to SR-125
La Media Road from Birch Road to Main Street
La Media Road from Main Street to SR-125
Olympic Parkway: East of La Media Road
Olympic Parkway: Heritage Road to La Media Road
Olympic Parkway: I-805 to Heritage Road
Heritage Road: Olympic Parkway to Main Street
Oleander Avenue: Olympic Parkway to Main Street
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City of Chula Vista Amendment to Agreement No.: 2026-024
Consultant Name: Fehr & Peers
Rev. 10/08/2025
Consultant shall perform a select link analysis to assess changes in travel patterns due to a four
versus six lane bridge design. The select link analysis will show where vehicles using the bridge
are destined to and from for each bridge alternative.
Consultant shall use the model traffic volumes to document the roadway capacity requirements
and the extent of traffic pattern change expected with a four -lane versus six-lane bridge. This
information will be used to finalize the assumptions for facility type and cost in the
Transportation Development Impact Fee program nexus study update.
Consultant shall support the City to facilitate a working group consisting of City personnel and
developer representatives to discuss this process and its recommendations. This scope assumes
the following working group meetings:
One meeting to discuss the scope of the analysis and modeling process (two hours assumed)
Three meetings to discuss the findings and recommendations of the analysis (two hours each
assumed)
Task 2A (Optional): If the analysis results in an updated cross-section, Consultant shall update
the cost estimate for Wolf Canyon Bridge. These services shall include the following:
Update the cost estimate for the Wolf Canyon Bridge (i.e., Facility 60C in nexus study
Appendix C) utilizing the 2023 Caltrans Comparative Bridge and escalated to project year.
Update nexus study cost estimate exhibit for Facility 60C to reflect the new cross section.
Revise Chula Vista Bridge Costs technical memorandum (nexus study Appendix A) for new
bridge cost estimate.
Attend up to two (2) coordination meetings with the City.
Optional Task 2A shall not be performed without prior written authorization from the City. Note
that this scope does not include any services related to updating the General Plan Land Use and
Transportation Element to reflect any change in roadway classification for this segment of Main
Street.
Task 3: Nexus Study Updates
Consultant shall make various revisions and updates to the draft Transportation Development
Impact Fee Program nexus study in response to stakeholder comments received in July 2025, and
to reflect updated conditions (including modeling and remaining growth), as described below:
Expand the qualitative justification for the Hunte Parkway multimodal bridge and SR-125
multimodal bridge, emphasizing the need for benefit area wide bicycle and pedestrian
connectivity, resulting in a reduction in VMT.
Review the VMT/Capita and VMT/Employee calculation procedures and develop an option for
using service population instead of using VMT/Capita and VMT/Employee. This option will also
include considering one fee for the benefit area (instead of relying on the census tract location of
the project). Develop an updated fee comparison table for consideration by City management.
Confirm the status and process of allocating economic incentive trust account credits and
update the fee calculation accordingly.
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City of Chula Vista Amendment to Agreement No.: 2026-024
Consultant Name: Fehr & Peers
Rev. 10/08/2025
Analyze the City agreements with the developers of Otay Ranch Villages 13 and 14 to confirm
consistency with the Mitigation Fee Act and incorporate relevant provisions of the agreements
into the fee calculation, and update the fee accordingly.
Update the VMT data to reflect the SANDAG ABM 3 activity-based model.
Revise the fee calculation to update facility costs (using inflation data to increase costs; new
unit costs/cost basis will not be prepared), fund and trust account balances, and remaining growth
in the benefit areas.
If required as described above in Task 2, update the fee to reflect any changes to the design and
cost of the Wolf Canyon Bridge.
Consultant shall update the nexus study to reflect the above changes. This effort shall involve
the following City review iterations:
TRIP Nexus Study Version 3 Admin Draft – 2 rounds of review: 1 by staff, 1 by management
TRIP Nexus Study Version 3 Public Draft – 1 round of review
TRIP Nexus Study Version 3 Final Draft
This scope assumes 80 hours of Consultant staff time to complete Task 3.
Task 4: Stakeholder/Public Outreach
Consultant shall prepare PowerPoint presentations and participate in up to two stakeholder
outreach meetings. This scope assumes that each meeting will be two hours long and will be
either in-person (in Chula Vista) or virtual. In addition, Consultant shall prepare an updated Fact
Sheet/Infographic that can be printed by the City and placed on the Development Services
website to provide an overview of the fee update.
Task 5: City Council Meetings
Consultant shall attend up to two (2) City Council meetings for the adoption of the fee update.
Meetings shall be in-person at Chula Vista City Hall. This scope assumes twelve (12) hours of
Consultant staff time for each meeting to support meeting preparation, review the agenda and
attachments, and participate in both meetings.
Task 6: Fee Calculator Updates
Consultant shall update the fee calculator Excel tool to reflect the final fees consistent with the
final nexus study.
Task 7: Project Management
Consultant shall provide continued project management support including monthly status
updates.
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City of Chula Vista Amendment to Agreement No.: 2026-024
Consultant Name: Fehr & Peers
Rev. 10/08/2025
Task 8: Contingency
As authorized and directed by the City, Consultant shall perform additional related services not
specified in Tasks 1 through 7 above. Example services may include meetings beyond those
identified in this scope of work, additional review cycles of the nexus study, response to
additional stakeholder comments, etc. This scope assumes a maximum effort of 60 hours of
Consultant staff time to perform contingency services. Task 8: Contingency shall not be
performed without prior written authorization from the City.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall
begin March 3, 2026 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
Time and Materials. For performance of the Defined Services by Contractor/Service Provider
as herein required, City shall pay Contractor/Service Provider for the productive hours of time
spent by Contractor/Service Provider in the performance of said Services, at the rates or amounts
as indicated below:
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City of Chula Vista Amendment to Agreement No.: 2026-024
Consultant Name: Fehr & Peers
Rev. 10/08/2025
B. Reimbursement of Costs
None, the compensation includes all costs
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services
performed through June 30, 2027 shall not exceed $281,420. If the City exercises its option to
extend the Agreement, the amount to be paid to the Consultant for services provided during the
term of that extension shall not exceed the amount to be mutually agreed to by the City and
Consultant. If the City exercises all additional options to extend the Agreement, the total amount
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City of Chula Vista Amendment to Agreement No.: 2026-024
Consultant Name: Fehr & Peers
Rev. 10/08/2025
to be paid to the Consultant for services provided during the initial and optional extension periods
shall not exceed the amount to be mutually agreed to by the City and Consultant.
5. Special Provisions:
Other: Consultant shall not initiate services on Optional Task 2A or Task 8: Contingency
without prior written authorization by the City.
Options to Extend: Notwithstanding the completion date set forth in section 3.C., above, City
has option to extend this Agreement for up to two additional years, in one-year increments. The
City Manager 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. The City shall give written notice to Contractor/Service Provider of the City’s election to
exercise the extension. Such notice shall be provided at least 30 days prior to the expiration of the
term.
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March 3, 2026
ITEM TITLE
Service Agreements: Approve a Contractor Service Agreement with BodyWorks Collision, Inc. and MJP
Enterprises, Inc. to Provide Collision Repair Services
Report Number: 25-0263
Location: No specific geographic location
Department: Public Works
G.C. § 84308 Regulations Apply: No
Environmental Notice: The proposed action is not a "Project" as defined under Section 15378 of the
California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section
15060(c)(3) no environmental review is required.
Recommended Action
Adopt resolutions: A) Accepting bids, approving a contractor service agreement with BodyWorks Collision,
Inc. to provide collision repair services in an amount not to exceed $1,000,000, and authorizing the City
Manager to execute the contract and any related documents in forms approved by the City Attorney; and B)
Accepting bids, approving a contractor service agreement with MJP Enterprises, Inc. to provide collision
repair services in an amount not to exceed $1,000,000, and authorizing the City Manager to execute the
contract and any related documents in forms approved by the City Attorney.
SUMMARY
The Public Works Department/Fleet Division contracts for collision repair services as part of the
management of the City’s vehicles and equipment. The City recently solicited bids for professional collision
repair services. Staff recommend awarding two contracts, one to BodyWorks Collision, Inc. and one to MJP
Enterprises, Inc., to meet the City’s needs.
ENVIRONMENTAL REVIEW
The proposed action 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
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Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The Public Works Department/Fleet Division manages the repair and maintenance of City’s fleet of vehicles
and equipment. Periodically, the City’s vehicles require collision repair services.
SELECTION PROCESS
On October 3, 2025 the City of Chula Vista issued a Request for Proposals (“RFP”) P13-2026 for Collision
Repair Services. The RFP was advertised in The Star News and published on PlanetBids. Through PlanetBids
115 potential bidders were notified with 10 prospective bidders downloading the bid documentation. Of the
10 prospective bidders the City received two (2) responsive proposals.
A selection committee composed of Public Works staff completed a comprehensive evaluation of the
proposals based on criteria that included the contractors experience with collision repair services, the ability
to provide the services, price, and references.
Following the evaluation, the selection committee is recommending awards to both bidders to ensure the
effective delivery of the required services. A Notice of Intent to Award was issued to all firms that submitted
proposals on January 28, 2026. The following contractors were selected (listed in alphabetical order):
BodyWorks Collision, Inc
MJP Enterprises, Inc.
BodyWorks Collision, Inc and MJP Enterprises, Inc. can provide core repair services but each also provides
unique specializations. BodyWorks Collision handles detailed repairs for light and medium duty vehicles
and equipment, while MJP Enterprises focuses on heavy duty vehicles and equipment and serves as
supplemental support for light duty assets when capacity or specialty needs arise. Thus, this dual award is
determined to be in the City’s best interest as the City would require the full range of services offered by each
contractor.
SCOPE OF WORK
Under the proposed contracts the contractor will provide the following scope of services as requested by the
City of Chula Vista Fleet Division:
1. Collision repair for automobiles, vans, trucks, and emergency vehicles / equipment.
2. Refinishing and painting of parts, components, and equipment.
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P a g e | 3
CONTRACTOR AGREEMENTS
Staff recommend that the City enter into agreements with the two (2) selected Contractors. The number and
scope of projects and assignments for which the contractor services are required will vary from year-to-year
and will be ordered on an “as-needed” basis. The agreement for collision repair services with the Contractors
will be for an initial term of three (3) years, with two (2) one-year options to extend, with a not to exceed
limitation of $1,000,000 per Contractor. The initial term of the agreements is anticipated to conclude on
March 2, 2029. The agreements with the two (2) Contractors are attached (Attachments 1 and 2).
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
Funding for vehicle collision repair expenditures is included in the fiscal year 2025-26 Central Garage fund
budget. There is no additional fiscal impact from approving this resolution.
ONGOING FISCAL IMPACT
Expenses as part of this authorization will be incorporated into future budgets as part of the annual budget
development process.
ATTACHMENTS
1. Two-Party Agreement - BodyWorks Collision, Inc
2. Two-Party Agreement – MJP Enterprises, Inc
Staff Contact: Alicia Granados, Senior Management Analyst
Angelica Aguilar, Interim Director of Public Works
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City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Form Rev 9/30/2025
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONTRACTOR SERVICE
AGREEMENT TO PROVIDE COLLISION REPAIR SERVICES
BETWEEN THE CITY AND BODYWORKS COLLISION, INC.
WHEREAS, the City of Chula Vista ( “City”) requires collision repair services for City’s
fleet of vehicles and equipment and the City desires to procure qualified contractors to perform a
variety of collision repair services; and
WHEREAS, on October 3, 2025, the City issued a Request for Proposal (RFP) for Collision
repair services; the City received two (2) proposals from contractors intertested in providing these
services; and
WHEREAS, the City contractor selection committee completed its review of the proposals
and determined BodyWorks Collision, Inc. (“Contractor”) as one (1) of two (2) responsive firms
to provide such services; and
WHEREAS, City staff is recommending awarding to both responsive bidders to ensure
effective delivery of the collision repair services; and
WHEREAS, the City may procure work on zero up to several projects of varying size and
complexity throughout the duration of the contractor agreement; and
WHEREAS, the contractor agreement will be a three-year contract with two (2) one-year
options to extend and the combined total of all assigned projects per the contractor agreement will
not exceed $1,000,000 in the aggregate; and
WHEREAS, Contractor warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor to City in accordance with the
time frames and the terms and conditions of the Contractor Service Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Contractor Service Agreement for collision repair services, between the City
and BodyWorks Collision, Inc; and
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
authorizes and directs the City Manager to execute the contract, in a form approved by the City
Attorney, and directs a copy of the contract to be kept on file in the Office of the City Clerk.
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Resolution No.
Page 2
Presented by Approved as to form by
Angelica Aguilar Marco A. Verdugo
Interim Director of Public Works City Attorney
Page 38 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Form Rev 9/30/2025
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONTRACTOR SERVICE
AGREEMENT TO PROVIDE COLLISION REPAIR SERVICES
BETWEEN THE CITY AND MJP ENTERPRISES, INC.
WHEREAS, the City of Chula Vista (“City”) requires collision repair services for City’s
fleet of vehicles and equipment and the City desires to procure qualified contractors to perform a
variety of collision repair services; and
WHEREAS, on October 3, 2025, the City issued a Request for Proposal (RFP) for collision
repair services; the City received two (2) responsive proposals from contractors interested in
providing these services; and
WHEREAS, the City contractor selection committee completed its review of the proposals
and determined MJP Enerprises, Inc. (“Contractor”) as one (1) of two (2) firms to provide such
services; and
WHEREAS, City staff is recommending awarding to both responsive bidders to ensure
effective delivery of the required services ; and
WHEREAS, the City may procure work on zero up to several projects of varying size and
complexity throughout the duration of the contractor agreement; and
WHEREAS, the contractor agreement will be a three-year contract with two (2) one-year
options to extend and the combined total of all assigned projects per the contractor agreement will
not exceed $1,000,000 in the aggregate; and
WHEREAS, Contractor warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor to City in accordance with the
time frames and the terms and conditions of the Contractor Service Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Contractor Service Agreement for collision repair services, between the City
and MJP Enterprises, Inc.; and
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
authorizes and directs the City Manager to execute the contract, in a form approved by the City
Attorney, and directs a copy of the contract to be kept on file in the Office of the City Clerk.
Page 39 of 260
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March 3, 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 40 of 260
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March 3, 2026 Post City Council Agenda
1 City of Chula Vista Agreement No.: 2026-005
Service Provider Name: BodyWorks Collision, Inc Rev. 1/14/2025
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH BODYWORKS COLLISION, INC
TO PROVIDE COLLISION REPAIR OF CITY VEHICLES
This Agreement is entered into effective as of March 3, 2026 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and BodyWorks Collision, Inc, a California Corporation
Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the
following facts:
RECITALS
WHEREAS, the City requires Collision Repair Services for City’s fleet of vehicles and equipment; and
WHEREAS, the City desires to procure qualified contractors to perform a variety of collision repair
services; and
WHEREAS, on October 3, 2025, the City issued a Request for Proposal (RFP) for Collision Repair
Services; and
WHEREAS, the City received two (2) proposals from contractors intertested in providing collision repair
services; and
WHEREAS, the City contractor selection committee completed its review of the proposals and determined
BodyWorks Collision, Inc as one of two (2) firms to provide such services; and
WHEREAS, the contractor selection process has been conducted in accordance with Section 2.56.070.B
of the Chula Vista Municipal Code; and
WHEREAS, the City may procure work on zero up to several projects of varying size and complexity
throughout the duration of the contractor agreement; and
WHEREAS, the contractor agreement will be a three-year contract with two (2) one-year options to extend
and the combined total of all assigned projects per the contractor agreement will not exceed $1,000,000 in the
aggregate; and
WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with
the time frames and the terms and conditions of this Agreement.
End of Recitals. Next Page Starts Obligatory Provisions.)
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2 City of Chula Vista Agreement No.: 2026-005
Service Provider Name: BodyWorks Collision, Inc Rev. 1/14/2025
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Contractor/Service Provider hereby agree as follows:
1. SERVICES
1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the
Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference,
within the time frames set forth therein, time being of the essence for this Agreement. The services and/or
Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service
Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider
under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good
faith for the purpose of negotiating a corresponding reduction in the compensation associated with the
reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider
provide additional services related to the Required Services (“Additional Services”). If so, City and
Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an
amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the
Additional Services shall be charged and paid consistent with the rates and terms already provided therein.
Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this
Agreement.
1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required
Services hereunder shall be performed in accordance with the highest standard of care exercised by members
of the profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all
laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions,
noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its
subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for
Contractor/Service Provider to provide additional security for performance of its duties under this Agreement,
Contractor/Service Provider shall provide such additional security prior to commencement of its Required
Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider
shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal
Code.
1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a
business license from City.
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3 City of Chula Vista Agreement No.: 2026-005
Service Provider Name: BodyWorks Collision, Inc Rev. 1/14/2025
1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider
in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures
necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to
complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and
policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any
responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall
ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set
forth in this Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or
Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate,
subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations
hereunder; provided, however, provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate
Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard
terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for
services performed each month, within thirty (30) days of the end of the month in which the services were
performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following
the Effective Date of the Agreement. All charges must be presented in a line item format with each task
separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed,
the amount invoiced to date, and the remaining amount available under any approved budget.
Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that
exceed the estimated budget.
2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall
pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in
accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion,
invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Contractor/Service Provider.
2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs
incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance
and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be
responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of
the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or
costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City
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4 City of Chula Vista Agreement No.: 2026-005
Service Provider Name: BodyWorks Collision, Inc Rev. 1/14/2025
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.
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5 City of Chula Vista Agreement No.: 2026-005
Service Provider Name: BodyWorks Collision, Inc Rev. 1/14/2025
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must
procure and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation
in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service
Provider waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with
the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents, or representatives” or any similar language
must be deleted from all certificates. The required certificates and endorsements should otherwise be on
industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must
purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required
by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider
maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to
coverage for higher limits maintained.
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6 City of Chula Vista Agreement No.: 2026-005
Service Provider Name: BodyWorks Collision, Inc Rev. 1/14/2025
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall timely and fully
protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents,
employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands,
causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage
or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its
officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of
the Required Services, the results of such performance, or this Agreement. This indemnity provision does not
include any claims, damages, liability, costs and expenses arising from the sole negligence or willful
misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or
claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which
may be in combination with the active or passive negligent acts or omissions of the Contractor/Service
Provider, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section
4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense
and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings
that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in
this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be
rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs
incurred by any of them.
4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s
obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified
Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore,
Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of
Contractor/Service Provider’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs and fees City incurs
in enforcing Contractor/Service Provider’s obligations under this Section 4.
4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination
of this Agreement.
5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and Contractor/Service Providers performing work for government
agencies to publicly disclose certain of their personal assets and income using a Statement of Economic
Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service
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Service Provider Name: BodyWorks Collision, Inc Rev. 1/14/2025
Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into
the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to
file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any
economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be
performing the Required Services, in any real property or project which is the subject of this Agreement.
Contractor/Service Provider warrants and represents that it has not employed or retained any company or
person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents
that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved
subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Contractor/Service Provider further warrants and represents that no officer or employee of City, has any
interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof,
or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors.
Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act,
prohibits public agency officers from participating in any action related to a contract if such officer receives
political contributions totaling more than $250 within the previous twelve months, and for twelve months
following the date a final decision concerning the contract has been made, from the person or company
awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded
a specific contract. In order to assure compliance with these requirements, Contractor/Service Provider shall
comply with the disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement
by this reference.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform
the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider
shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in
addition to any and all other rights and remedies City may have under this Agreement, at law or in equity,
City shall have the right to terminate this Agreement by giving five (5) days written notice to
Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If
Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination
date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service
Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the
event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any
and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the
Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior
to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such
compensation exceed the amount that would have been payable under this Agreement for such work, and any
such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of
the Default.
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6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15)
days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall
immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section
7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work
Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily
performed as of the date of the termination/suspension notice plus any additional remaining Required Services
requested or approved by City in advance that would maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City,
Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California. Contractor/Service Provider hereby waives any right to remove any
action from San Diego County as may otherwise be permitted by California Code of Civil Procedure section
394.
6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents
to service of process on Contractor/Service Provider by first class mail directed to the individual and address
listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be
effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider
in the United States or in any other country without the express, prior written consent of City. City shall have
unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in
part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may
be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With
respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make
available to City, upon reasonable written request by City, the necessary functional computer software and
hardware for purposes of accessing, compiling, transferring and printing computer files.
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9 City of Chula Vista Agreement No.: 2026-005
Service Provider Name: BodyWorks Collision, Inc Rev. 1/14/2025
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s
unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or
responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City
may grant, condition or deny in its sole discretion.
8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind
Contractor/Service Provider to its obligations hereunder without any further action or direction from
Contractor/Service Provider or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all
data, documents, reports, records, contracts, and supporting materials relating to the performance of the
Agreement, including accounting for costs and expenses charged to City, including such records in the
possession of sub-contractors/sub-Contractor/Service Providers.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a
wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers,
employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this
Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and
none of them shall be entitled to any benefits to which City employees are entitled, including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax
with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider
shall be solely responsible for the payment of same and shall hold the City harmless with resp ect to same.
Contractor/Service Provider shall not at any time or in any manner represent that it or any of its
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider
shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind
City in any manner.
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10 City of Chula Vista Agreement No.: 2026-005
Service Provider Name: BodyWorks Collision, Inc Rev. 1/14/2025
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted,
of the Parties included in this Agreement are intended to authenticate this writing and to have the same force
and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process
attached to or logically associated with a record and executed and adopted by a Party with the intent to sign
such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic
Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
End of page. Next page is signature page.)
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1 City of Chula Vista Agreement No.: 2026-005
Service Provider Name: BodyWorks Collision, Inc Rev. 1/14/2025
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.
BODYWORKS COLLISION, INC CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
LIISA THOMAS TIFFANY ALLEN
PRESIDENT CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco Verdugo
City Attorney
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Procurement Review
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12 City of Chula Vista Agreement No.: 2026-005
Service Provider Name: BodyWorks Collision, Inc Rev. 1/14/2025
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Alicia Granados
1800 Maxwell Road, Chula Vista, CA 91911
619)397-6145
agranados@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Contractor/Service Provider Contract Administration:
BODYWORKS COLLISION, INC
753 10th Street, Imperial Beach, CA 91932
619)420-6300 (office) / (619)318-1121 (cellular)
bodyworkscollisioninc@gmail.com
For Legal Notice Copy to:
BodyWorks Collision Holdings 1, Inc., Liisa Thomas, President
753 10th Street, Imperial Beach, CA 91932
619)420-6300 (office) / (619)318-1121 (cellular)
bodyworkscollisioninc@gmail.com
2. Required Services
A. General Description:
Contractor/Service Provider BodyWorks Collision, Inc will provide collision repair for automobiles, vans,
trucks, and emergency vehicles and equipment. This may include refinishing and painting of parts,
components, and equipment.
B. Detailed Description:
a) Bid Award: The City intends to award contracts to multiple firms for collision repair services. For each
new job that arises the City will request quotes from the selected firms and the job will be awarded
based on the best combination of price and turnaround time.
b) Quality of Work: Repair and refinishing work must meet an acceptable level in terms of cost, time and
workmanship as determined by Fleet management. All paintwork will be guaranteed against cracking,
peeling, lifting, flaking, and discoloration for the life of the vehicle. A base coat/ clear coat two-stage
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13 City of Chula Vista Agreement No.: 2026-005
Service Provider Name: BodyWorks Collision, Inc Rev. 1/14/2025
paint process will be used in all instances, unless otherwise specified by Fleet staff. Failure to perform
repairs properly and on a timely basis will be considered grounds for terminating this agreement.
c) Warranty & Quality Assurance: All repairs come with workmanship warranties to ensure long-lasting
results. Each vehicle undergoes comprehensive quality control inspections prior to delivery,
maintaining high standards of repair and overall vehicle quality.
d) Response / Turnaround:
i. Generally, work will be scheduled with 24 to 48 hours advance notice, and with reasonable
time to complete the requested repairs.
ii. A significant amount of the work covered by this agreement will be performed on emergency
response vehicles. In these cases, little or no advance notice may be provided. The vendor must
be willing to make whatever arrangements are necessary to ensure that these vehicles are
returned to service as quickly as possible.
iii. Vendor will provide vehicle pickup and delivery options. If not drivable, the city will arrange
for towing.
e) Shop Experience Level:
i. All repair work will be performed by journey-level collision repair technicians. "ASE" or "I-
CAR" certification in automotive body repair is highly desirable.
ii. The vendor will use the most current repair methods and materials available and will employ
suitable repair equipment to ensure the satisfactory execution of any repair.
iii. The vendor will be required to subscribe to multiple manufacturers provided databases to
ensure proper manufacturer mandated procedures throughout the repair process. This insures
the safe and quality of repairs.
f) Location: The vendor’s facility shall be located within a 25-mile radius of the City of Chula Vista’s
Public Works Yard located at 1800 Maxwell Rd. Chula Vista, CA 91911.
g) Parts
i. The vendor will provide all parts, unless other arrangements are made with the City’s Fleet
staff.
ii. All parts will be purchased new, from the original equipment manufacturer (OEM).
iii. If an "OE" part is not available or it is evident that procuring an "OE" part will cause excessive
downtime, acceptable substitutes may be used, with the advance approval of the City’s Fleet
staff.
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Service Provider Name: BodyWorks Collision, Inc Rev. 1/14/2025
iv. "Rebuilt" or "remanufactured" assemblies may be used in the repair of equipment covered by
this agreement, if approved by the City’s Fleet staff.
h) Estimates:
i. An estimate of the required parts and labor for each job will be provided in advance, to City’s
Fleet staff, who will give written approval to proceed with repairs.
ii. Labor estimates will be based on job times published in the current edition of "Chilton
Estimator's Guide," "Mitchell Collision Estimating Guide," "Motor Crash Estimating Guide,”
or their electronic equivalents.
iii. Work that is not covered by the collision-estimating guides noted above will be quoted on a
time and materials" basis.
iv. The total price quoted in any estimate may not be exceeded without advance approval from
City’s Fleet staff. If during the course of the originally estimated repairs it is noted that further
repairs will be needed, another estimate will be submitted to Fleet staff for approval.
i) Cost Limits: All repairs require advance written approval from the City’s Fleet Management staff. The
vendor will not exceed the total amount of the purchase order without written approval.
j) Regulatory Compliance: Vendor will comply with all policies, guidelines, rules and regulations
administered by the following agencies:
i. Bureau of Automotive Repair (BAR)
ii. Environmental Protection Agency (EPA) - State and Federal
iii. Occupational Safety and Health (OSHA) - State and Federal
iv. Any other agencies that regulate:
1) Automotive repair
2) Collision repair
3) Discharge into sanitary and storm sewers
4) Hazardous materials and waste
5) Paint and solvent emissions
k) Invoicing: Vendor agrees to submit itemized invoices to the City’s Fleet Staff, immediately upon
completion of each job. All "miscellaneous" charges and travel time will be described fully. Purchase
Order numbers must be identified on all invoices.
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15 City of Chula Vista Agreement No.: 2026-005
Service Provider Name: BodyWorks Collision, Inc Rev. 1/14/2025
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin March 3,
2026 and end on March 2, 2029 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, at the rates or amounts as indicated
below:
1. Standard Labor Rate – Body: $70.00/hr.; Refinish: $70.00/hr.; Frame: $125.00/hr.; Mechanical:
175.00/hr.; Electrical: $175.00/hr.; Aluminum: $105.00/hr.; Paint and materials: $55.00/hr.; Total loss
storage: First three (3) days free, $75.00/day after the first three (3) free days.
2. Specialized Labor Rate – Please see "1. Standard Labor Rate” immediately above.
3. Emergency/After-Hours Labor Rate – N/A
4. Parts Markup (above cost %) – 20%
5. Parts Discount (off retail pricing %) – N/A
6. Materials Markup (above cost %) – N/A
7. Materials Discount (off retail pricing %) – N/A
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 March 2, 2029 shall not exceed $1,000,000.
5. Special Provisions:
Permitted Sub-Contractor/Service Providers: Not applicable.
Security for Performance: Not applicable.
Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two (2) additional one-year terms or March 2, 2031. The City Manager or Director of Finance/Treasurer shall
be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each
extension shall be on the same terms and conditions contained herein, provided that the amounts specified in
Section 4 above may be increased by up to the change in the annual San Diego Area Consumer Price Index, in an
amount not to exceed 5% for each extension 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 thirty (30) days prior to the expiration of the term.
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16 City of Chula Vista Agreement No.: 2026-005
Service Provider Name: BodyWorks Collision, Inc Rev. 1/14/2025
EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to
provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes
x).
Type of Insurance Minimum Amount Form
General Liability:
Including products and
completed operations,
personal and
advertising injury
2,000,000 per occurrence for
bodily injury, personal injury
including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
Must be primary and must not
exclude Products/Completed
Operations
Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
Workers’
Compensation
Employer’s Liability
1,000,000 each accident
1,000,000 disease policy limit
1,000,000 disease each employee
Waiver of Recovery Endorsement
Other Negotiated Insurance Terms: NONE
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17 City of Chula Vista Agreement No.: 2026-005
Service Provider Name: BodyWorks Collision, Inc Rev. 1/14/2025
EXHIBIT C
CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some Contractor/Service Providers, to make certain public disclosures using
a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to
any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also
required to comply with certain ethics training requirements.3
A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4
from disclosure.
B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation
is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) A. Full Disclosure
B. Limited Disclosure (select one or more of
the categories under which the Contractor shall
file):
1. 2. 3. 4. 5. 6. 7.
Justification:
C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the
Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If
you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041,
or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Alicia Granados
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude
corporation or limited liability company).
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18 City of Chula Vista Agreement No.: 2026-005
Service Provider Name: BodyWorks Collision, Inc Rev. 1/14/2025
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“Officer”) from taking part in decisions related to a contract if the Officer received a political
contribution totaling more than $250 within the previous twelve months, and for twelve months following the
date a final decision concerning the contract has been made, from the person or company awarded the contract.
The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The
Levine Act does not apply to competitively bid, labor, or personal employment contracts.
A. The Levine Act (Govt. Code §84308) DOES NOT apply to this Agreement.
B. The Levine Act (Govt. Code §84308) does apply to this Agreement and the required disclosure is as follows:
Current Officers can be located on the City of Chula Vista’s websites below:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
Candidate for Elected Office – www.chulavistaca.gov/elections
1. Have you or your company, or any agent on behalf of you or your company, made political contributions
totaling more than $250 to any Officer in the 12 months preceding the date you submitted your proposal, the date
you completed this form, or the anticipated date of any Council action related to this Agreement?
YES: If yes, which Officer(s): Click or tap here to enter text.
NO:
2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political
contributions totaling more than $250 to any Officer in the 12 months following the finalization of this Agreement
or any Council action related to this Agreement?
YES: If yes, which Officer(s): Click or tap here to enter text.
NO:
Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any
subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating
in any actions related to the Agreement.
5 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an
agency. GC § 84308
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1 City of Chula Vista Agreement No.: 2026-006
Service Provider Name: MJP Enterprises, Inc Rev. 1/14/2025
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH MJP ENTERPRISES, INC, DBA ROMAN’S TRUCK BODY AND PAINT
TO PROVIDE COLLISION REPAIR OF CITY VEHICLES
This Agreement is entered into effective as of March 3, 2026 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and MJP Enterprises, Inc, dba Roman’s Truck Body and Paint,
a California Corporation) (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”)
with reference to the following facts:
RECITALS
WHEREAS, the City requires Collision Repair Services for City’s fleet of vehicles and equipment; and
WHEREAS, the City desires to procure qualified contractors to perform a variety of collision repair
services; and
WHEREAS, on October 3, 2025, the City issued a Request for Proposal (RFP) for Collision Repair
Services; and
WHEREAS, the City received two (2) proposals from contractors intertested in providing collision repair
services; and
WHEREAS, the City contractor selection committee completed its review of the proposals and determined
MJP Enterprises, Inc, dba Roman’s Truck Body and Paint as one of two (2) firms to provide such services; and
WHEREAS, the contractor selection process has been conducted in accordance with Section 2.56.070.B
of the Chula Vista Municipal Code; and
WHEREAS, the City may procure work on zero up to several projects of varying size and complexity
throughout the duration of the contractor agreement; and
WHEREAS, the contractor agreement will be a three-year contract with two (2) one-year options to extend
and the combined total of all assigned projects per the contractor agreement will not exceed $1,000,000 in the
aggregate; and
WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with
the time frames and the terms and conditions of this Agreement.
End of Recitals. Next Page Starts Obligatory Provisions.)
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Service Provider Name: MJP Enterprises, Inc Rev. 1/14/2025
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Contractor/Service Provider hereby agree as follows:
1. SERVICES
1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the
Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference,
within the time frames set forth therein, time being of the essence for this Agreement. The services and/or
Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service
Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider
under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good
faith for the purpose of negotiating a corresponding reduction in the compensation associated with the
reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider
provide additional services related to the Required Services (“Additional Services”). If so, City and
Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an
amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the
Additional Services shall be charged and paid consistent with the rates and terms already provided therein.
Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this
Agreement.
1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required
Services hereunder shall be performed in accordance with the highest standard of care exercised by members
of the profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all
laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions,
noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its
subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for
Contractor/Service Provider to provide additional security for performance of its duties under this Agreement,
Contractor/Service Provider shall provide such additional security prior to commencement of its Required
Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider
shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal
Code.
1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a
business license from City.
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1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider
in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures
necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to
complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and
policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any
responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall
ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set
forth in this Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or
Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate,
subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations
hereunder; provided, however, provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate
Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard
terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for
services performed each month, within thirty (30) days of the end of the month in which the services were
performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following
the Effective Date of the Agreement. All charges must be presented in a line item format with each task
separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed,
the amount invoiced to date, and the remaining amount available under any approved budget.
Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that
exceed the estimated budget.
2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall
pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in
accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion,
invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Contractor/Service Provider.
2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs
incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance
and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be
responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of
the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or
costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City
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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 exclud e
Products/Completed Operations coverage.
3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage
must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is
wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves
Contractor/Service Provider from its responsibility to provide insurance.
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3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must
procure and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation
in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service
Provider waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with
the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents, or representatives” or any similar language
must be deleted from all certificates. The required certificates and endorsements should otherwise be on
industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must
purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required
by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider
maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to
coverage for higher limits maintained.
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4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall timely and fully
protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents,
employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands,
causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage
or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its
officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of
the Required Services, the results of such performance, or this Agreement. This indemnity provision does not
include any claims, damages, liability, costs and expenses arising from the sole negligence or willful
misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or
claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which
may be in combination with the active or passive negligent acts or omissions of the Contractor/Service
Provider, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section
4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense
and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings
that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in
this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be
rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs
incurred by any of them.
4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s
obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified
Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore,
Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of
Contractor/Service Provider’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs and fees City incurs
in enforcing Contractor/Service Provider’s obligations under this Section 4.
4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination
of this Agreement.
5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and Contractor/Service Providers performing work for government
agencies to publicly disclose certain of their personal assets and income using a Statement of Economic
Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service
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Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into
the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to
file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any
economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be
performing the Required Services, in any real property or project which is the subject of this Agreement.
Contractor/Service Provider warrants and represents that it has not employed or retained any company or
person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents
that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved
subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Contractor/Service Provider further warrants and represents that no officer or employee of City, has any
interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof,
or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors.
Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act,
prohibits public agency officers from participating in any action related to a contract if such officer receives
political contributions totaling more than $250 within the previous twelve months, and for twelve months
following the date a final decision concerning the contract has been made, from the person or company
awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded
a specific contract. In order to assure compliance with these requirements, Contractor/Service Provider shall
comply with the disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement
by this reference.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform
the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider
shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in
addition to any and all other rights and remedies City may have under this Agreement, at law or in equity,
City shall have the right to terminate this Agreement by giving five (5) days written notice to
Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If
Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination
date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service
Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the
event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any
and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the
Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior
to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such
compensation exceed the amount that would have been payable under this Agreement for such work, and any
such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of
the Default.
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6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15)
days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall
immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section
7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work
Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily
performed as of the date of the termination/suspension notice plus any additional remaining Required Services
requested or approved by City in advance that would maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City,
Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California. Contractor/Service Provider hereby waives any right to remove any
action from San Diego County as may otherwise be permitted by California Code of Civil Procedure section
394.
6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents
to service of process on Contractor/Service Provider by first class mail directed to the individual and address
listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be
effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider
in the United States or in any other country without the express, prior written consent of City. City shall have
unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in
part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may
be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With
respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make
available to City, upon reasonable written request by City, the necessary functional computer software and
hardware for purposes of accessing, compiling, transferring and printing computer files.
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8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s
unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or
responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City
may grant, condition or deny in its sole discretion.
8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind
Contractor/Service Provider to its obligations hereunder without any further action or direction from
Contractor/Service Provider or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all
data, documents, reports, records, contracts, and supporting materials relating to the performance of the
Agreement, including accounting for costs and expenses charged to City, including such records in the
possession of sub-contractors/sub-Contractor/Service Providers.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a
wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers,
employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this
Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and
none of them shall be entitled to any benefits to which City employees are entitled, including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax
with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider
shall be solely responsible for the payment of same and shall hold the City harmless with respect to same.
Contractor/Service Provider shall not at any time or in any manner represent that it or any of its
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider
shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind
City in any manner.
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8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted,
of the Parties included in this Agreement are intended to authenticate this writing and to have the same force
and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process
attached to or logically associated with a record and executed and adopted by a Party with the intent to sign
such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic
Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
End of page. Next page is signature page.)
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SIGNATURE PAGE
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.
MJP ENTERPRISES, INC CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
Efren Roman TIFFANY ALLEN
General Manager CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco Verdugo
City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Alicia Granados
1800 Maxell Road, Chula Vista, CA 91911
619) 397-6145
agranados@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Contractor/Service Provider Contract Administration:
MJP ENTERPRISES, INC
Xavier Esparza, Account Manager
2513 Main Street, Suite A, Chula Vista, CA 91911
619)520-4241
xavier@romanstruck.com
For Legal Notice Copy to:
Efren Roman, General Manager
2513 Main Street, Suite A, Chula Vista, CA 91911
619)429-1099
info@romanstruck.com
2. Required Services
A. General Description:
Contractor/Service Provider MJP Enterprises, Inc, dba Roman’s Truck Body and Paint will provide collision
repair services for automobiles, vans, trucks and emergency vehicles and equipment. This may include
refinishing and painting of parts, components and equipment.
B. Detailed Description:
a) Bid Award: The City intends to award contracts to multiple firms for collision repair services. For each
new job that arises the City will request quotes from the selected firms and the job will be awarded
based on the best combination of price and turnaround time.
b) Quality of Work: Repair and refinishing work must meet an acceptable level in terms of cost, time and
workmanship as determined by Fleet management. All paintwork will be guaranteed against cracking,
peeling, lifting, flaking, and discoloration for the life of the vehicle. A base coat/ clear coat two-stage
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paint process will be used in all instances, unless otherwise specified by Fleet staff. Failure to perform
repairs properly and on a timely basis will be considered grounds for terminating this agreement.
c) Warranty & Quality Assurance: All repairs come with workmanship warranties to ensure long-lasting
results. Each vehicle undergoes comprehensive quality control inspections prior to delivery,
maintaining high standards of repair and overall vehicle quality.
d) Response / Turnaround:
i. Generally, work will be scheduled with 24 to 48 hours advance notice, and with reasonable
time to complete the requested repairs.
ii. A significant amount of the work covered by this agreement will be performed on emergency
response vehicles. In these cases, little or no advance notice may be provided. The vendor must
be willing to make whatever arrangements are necessary to ensure that these vehicles are
returned to service as quickly as possible.
iii. Vendor will provide vehicle pickup and delivery options. If not drivable, the city will arrange
for towing.
e) Shop Experience Level:
i. All repair work will be performed by journey-level collision repair technicians. "ASE" or "I-
CAR" certification in automotive body repair is highly desirable.
ii. The vendor will use the most current repair methods and materials available and will employ
suitable repair equipment to ensure the satisfactory execution of any repair.
iii. The vendor will be required to subscribe to multiple manufacturers provided databases to
ensure proper manufacturer mandated procedures throughout the repair process. This insures
the safe and quality of repairs.
f) Location: The vendor’s facility shall be located within a 25-mile radius of the City of Chula Vista’s
Public Works Yard located at 1800 Maxwell Rd. Chula Vista, CA 91911.
g) Parts
i. The vendor will provide all parts, unless other arrangements are made with the City’s Fleet
staff.
ii. All parts will be purchased new, from the original equipment manufacturer (OEM).
iii. If an "OE" part is not available or it is evident that procuring an "OE" part will cause excessive
downtime, acceptable substitutes may be used, with the advance approval of the City’s Fleet
staff.
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14 City of Chula Vista Agreement No.: 2026-006
Service Provider Name: MJP Enterprises, Inc Rev. 1/14/2025
iv. "Rebuilt" or "remanufactured" assemblies may be used in the repair of equipment covered by
this agreement, if approved by the City’s Fleet staff.
h) Estimates:
i. An estimate of the required parts and labor for each job will be provided in advance, to City’s
Fleet staff, who will give written approval to proceed with repairs.
ii. Labor estimates will be based on job times published in the current edition of "Chilton
Estimator's Guide," "Mitchell Collision Estimating Guide," "Motor Crash Estimating Guide,”
or their electronic equivalents.
iii. Work that is not covered by the collision-estimating guides noted above will be quoted on a
time and materials" basis.
iv. The total price quoted in any estimate may not be exceeded without advance approval from
City’s Fleet staff. If during the course of the originally estimated repairs it is noted that further
repairs will be needed, another estimate will be submitted to Fleet staff for approval.
i) Cost Limits: All repairs require advance written approval from the City’s Fleet Management staff. The
vendor will not exceed the total amount of the purchase order without written approval.
j) Regulatory Compliance: Vendor will comply with all policies, guidelines, rules and regulations
administered by the following agencies:
i. Bureau of Automotive Repair (BAR)
ii. Environmental Protection Agency (EPA) - State and Federal
iii. Occupational Safety and Health (OSHA) - State and Federal
iv. Any other agencies that regulate:
1) Automotive repair
2) Collision repair
3) Discharge into sanitary and storm sewers
4) Hazardous materials and waste
5) Paint and solvent emissions
k) Invoicing: Vendor agrees to submit itemized invoices to the City’s Fleet Staff, immediately upon
completion of each job. All "miscellaneous" charges and travel time will be described fully. Purchase
Order numbers must be identified on all invoices.
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15 City of Chula Vista Agreement No.: 2026-006
Service Provider Name: MJP Enterprises, Inc Rev. 1/14/2025
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin March 3,
2026 and end on March 2, 2029 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, at the rates or amounts as indicated
below:
Description $ per hour or % Comment
Standard Labor Rate $70.00 Includes small transit vehicles,
F150 - F550 (and similar RAM,
Chevrolet), smaller first response
vehicles
Specialized Labor Rate $115.00 Includes any HD Large Service
Vehicle, Fire Engines, Dump
Truck, etc.
Emergency/After-Hours Labor
Rate
115.00 No After Hour services provided
but, will pick up unit to repair and
return as fast as possible
Parts Markup (above cost %) 25% +25% increase if no list price is
provided by manufacture
Parts Discount (off retail pricing 10% -10% off of list price
Materials Markup (above cost %) 25% +25% increase if no list price is
provided by manufacture
Materials Discount (off retail
pricing %)
10% -10% off of our regular material
rate
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 March 2, 2029 shall not exceed $1,000,000.
5. Special Provisions:
Permitted Sub-Contractor/Service Providers: “None”
Security for Performance: See City Attorney or Indicate “None” if Not Applicable
Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two (2) additional one-year terms or March 2, 2031. The City Manager or Director of Finance/Treasurer shall
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16 City of Chula Vista Agreement No.: 2026-006
Service Provider Name: MJP Enterprises, Inc Rev. 1/14/2025
be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each
extension shall be on the same terms and conditions contained herein, provided that the amounts specified in
Section 4 above may be increased by up to the change in the annual San Diego Area Consumer Price Index, in an
amount not to exceed 5% for each extension 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 thirty (30) days prior to the expiration of the term.
None
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17 City of Chula Vista Agreement No.: 2026-006
Service Provider Name: MJP Enterprises, Inc Rev. 1/14/2025
EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to
provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes
x).
Type of Insurance Minimum Amount Form
General Liability:
Including products and
completed operations,
personal and
advertising injury
2,000,000 per occurrence for
bodily injury, personal injury
including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
Must be primary and must not
exclude Products/Completed
Operations
Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
Workers’
Compensation
Employer’s Liability
1,000,000 each accident
1,000,000 disease policy limit
1,000,000 disease each employee
Waiver of Recovery Endorsement
Other Negotiated Insurance Terms: NONE
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18 City of Chula Vista Agreement No.: 2026-006
Service Provider Name: MJP Enterprises, Inc Rev. 1/14/2025
EXHIBIT C
CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some Contractor/Service Providers, to make certain public disclosures using
a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to
any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also
required to comply with certain ethics training requirements.3
A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4
from disclosure.
B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation
is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) A. Full Disclosure
B. Limited Disclosure (select one or more of
the categories under which the Contractor shall
file):
1. 2. 3. 4. 5. 6. 7.
Justification:
C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the
Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If
you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041,
or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Alicia Granados
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude
corporation or limited liability company).
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19 City of Chula Vista Agreement No.: 2026-006
Service Provider Name: MJP Enterprises, Inc Rev. 1/14/2025
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“Officer”) from taking part in decisions related to a contract if the Officer received a political
contribution totaling more than $250 within the previous twelve months, and for twelve months following the
date a final decision concerning the contract has been made, from the person or company awarded the contract.
The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The
Levine Act does not apply to competitively bid, labor, or personal employment contracts.
A. The Levine Act (Govt. Code §84308) DOES NOT apply to this Agreement.
B. The Levine Act (Govt. Code §84308) does apply to this Agreement and the required disclosure is as follows:
Current Officers can be located on the City of Chula Vista’s websites below:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
Candidate for Elected Office – www.chulavistaca.gov/elections
1. Have you or your company, or any agent on behalf of you or your company, made political contributions
totaling more than $250 to any Officer in the 12 months preceding the date you submitted your proposal, the date
you completed this form, or the anticipated date of any Council action related to this Agreement?
YES: If yes, which Officer(s): Click or tap here to enter text.
NO:
2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political
contributions totaling more than $250 to any Officer in the 12 months following the finalization of this Agreement
or any Council action related to this Agreement?
YES: If yes, which Officer(s): Click or tap here to enter text.
NO:
Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any
subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating
in any actions related to the Agreement.
5 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an
agency. GC § 84308
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March 3, 2026
ITEM TITLE
Contract Award Approval for Capital Improvement Project: Accept Bid and Award a Contract to Swinerton
Builders for the Millenia Library (GGV0267) Tenant Improvements
Report Number: 26-0065
Location: 1775 Millenia Avenue
Department: City Manager & Engineering
G.C. § 84308 Regulations Apply: No
Environmental Notice: The Project is adequately covered in a previously certified Final Second Tier
Environmental Impact Report (“FEIR”) for the Otay Ranch Eastern Urban Center (“EUC”) Sectional Planning
Area (“SPA”) Plan and Tentative Map (EIR 07-01; SCH No. 2007041074; certified by City Council Resolution
No. 2009-223 on September 15, 2009.
Recommended Action
Adopt a resolution A) accepting bids and awarding a public works contract to Swinerton Builders for the
construction of tenant improvements for the Millenia Library (GGV0267) project in the amount of $9,695,542
and B) delegating authority to the City Manager to waive requirements and make findings as required by
Chula Vista Municipal Code Section 2.56.160 (H) in furtherance of this construction of Project improvements.
SUMMARY
The Millenia Library Building located at 1775 Millenia Avenue is a 168,000 square foot Class “A” office
building, which will house a 60,000 square foot library and other tenants including San Diego State
University, Sweetwater Union High School District, and the Chula Vista Entertainment Complex, LLC.
Staff conducted a competitive procurement process and on January 16, 2026, received (4) sealed bids. After
review of the bids, staff recommend awarding a public works contract to the lowest responsive and
responsible bidder, Swinerton Builders, in the amount of $9,695,542.
ENVIRONMENTAL REVIEW
The Project has been reviewed for compliance with the California Environmental Quality Act (“CEQA”), it has
been determined that the Project is adequately covered in a previously certified FEIR for the Otay Ranch EUC
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SPA Plan and Tentative Map (EIR 07-01; SCH No. 2007041074; certified by City Council Resolution No. 2009-
223 on September 15, 2009). Therefore, no further CEQA review or documentation is necessary.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Project History
On December 6, 2022, the City Council took action approving various agreements and appropriating
$96,413,391 to initiate construction of the Millenia Library Building, a 168,000 square foot Class “A” office
building, which will house a 60,000 square foot library and other tenants including tenants including San
Diego State University (“SDSU”), Sweetwater Union High School District (“SUHS”D), and the Chula Vista
Entertainment Complex, LLC (“CVEC”).
On December 3, 2024, an additional $370,549 in interest earnings was appropriated to the project from the
State Library Targeted Grant with the FY25Q1 budget update. The grant funds were used towards the
construction of the building core/shell.
On December 10, 2024, the City Council appropriated an additional $17,335,057 to complete buildout of the
project and approved Non-Binding Letters of Intent with SDSU for an approximately 7,100 square foot
tenancy in the Millenia Library Building to support the School of Nursing and Global Campus as well as with
CVEC for an approximately 75,000 square foot tenancy in the Millenia Library Building and exclusive option
to purchase Millenia Lot 1.
On July 8, 2025, the City Council approved a Letter of Intent with SUHSD for an approximate 8,420 square
foot tenancy in the Millenia Library Building to support educational programs, primarily the Launch Virtual
Academy.
Staff continue to negotiate leases for all tenants and will bring those leases forward for Council consideration
in the near future.
Bidding Process
On December 20, 2025, the City issued RFP P27-2026 for the construction of tenant improvements for the
60,000 square foot Millenia Library. The City received four (4) sealed bids on January 16, 2026. The base
bid totals from the prime contractors were as follows:
NR = Non-Responsive
A selection committee composed of representatives from the City Manager’s Office, Engineering, Library, and
the City’s contracted Project Manager evaluated each proposal based on the criteria outlined in the RFP.
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Following a comprehensive evaluation process, Swinerton Builders (Swinerton) is recommended as the
lowest responsive and responsible proposer to construct the necessary improvements for the Millenia
Library. The Swinerton bid price of $9,695,542 is approximately 35% lower than the Engineer’s estimate of
$15,000,000 ($250/sf). Swinerton is currently an active licensed contractor (License No. 92) with the
following classifications: A – General Engineering and B – General Building. Swinerton has had satisfactory
performance on work within the region.
COSCO Fire Protection (“COSCO”) submitted a bid price of $251,938, however, the bid proposal that was
submitted was incomplete. As such, City staff determined the bid to be non-responsive.
Staff recommend awarding this public works contract for the construction of tenant improvements for the
Millenia Library and adopt a resolution approving an agreement with Swinerton for construction of tenant
improvements at the Millenia Library as the lowest responsive and responsible bidder.
The intent of this solicitation process was to award both the Millenia Library tenant improvement project
and the additional tenant improvement projects for San Diego State University Nursing & Global Campus,
and Sweetwater Union High School District Launch Virtual Academy, as well as lower-level common areas
even though detailed specifications for these other projects were not available at the time this solicitation
was published. In order to execute amendments for the other projects as the detailed specifications become
available, staff requests City Council delegate its authority to the City Manager to waive requirements and
make findings as required by Chula Vista Municipal Code Section 2.56.160 (H) in furtherance of these
improvements.
Disclosure Statement
Attachment 2 is a copy of the Contractor’s Disclosure Statement.
Wage Statement/Project Labor Agreement
Swinerton and its subcontractors are required to pay prevailing wage to persons employed by them for work
under the contractor. The prevailing wage rates scales are those determined by the U.S. Department of Labor
and those determined by the Director of Industrial Relations, State of California (“DIR”). The contractor is
obligated to pay the higher of the two (hourly rate plus fringe benefits) for each applicable craft or
classification.
Additionally, a Project Labor Agreement (“PLA”) will be required pursuant to Chula Vista Municipal Code
Chapter 2.71, given the cost of construction is more than $1 million and is on City-Owned property. In order
to monitor compliance with prevailing wage provisions and management of the PLA with Swinerton, the City
has contracted with GAFCON PM-CM-LLC (Resolution 2024-139).
DECISION-MAKER CONFLICT
Staff have reviewed the property holdings of the City Council members and have found no property holdings
within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item
does not present a disqualifying real property-related financial conflict of interest under California Code of
Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code
§87100, et seq.).
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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
Funds appropriated to date for the Millenia Library Building total $114.12 million as summarized in the table
below.
Total $ 114,118,997
The fiscal impact of this action is $9,695,542, which is within the adopted budget summarized above.
It is anticipated that change orders related to the buildout of the SDSU and SUHSD spaces will create a fiscal
impact but will remain within the approved budget. The City will build out the SUHSD space but will be
reimbursed by SUHSD for all costs incurred.
ONGOING FISCAL IMPACT
Staff anticipate contracting for professional building management and maintenance services, the cost of
which will be determined through a competitive procurement process currently underway. These costs will
be incorporated as part of the annual budget development process in future years.
ATTACHMENTS
1. Contract Bid List
2. Contractor Disclosure Statement
Staff Contact: Adrianna Relph, Special Projects & Legislative Manager
Tiffany Allen, City Manager
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Form Rev 9/30/2025
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING A
CONTRACT BETWEEN THE CITY AND SWINERTON
BUILDERS FOR THE “MILLENIA LIBRARY (GGV0267)”
PROJECT
WHEREAS, the “Millenia Library (GGV0267)” project (the “Project”) located at 1775
Millenia Avenue is a 168,000 square foot Class “A” office building, which will house a 60,000
square foot library and other tenants including San Diego State University and Sweetwater Union
High School District; and
WHEREAS, on December 20, 2025, the City issued RFP P27-2026 for the construction of
tenant improvements for the 60,000 square foot Millenia Library; and
WHEREAS, on January 16, 2026, the City received four (4) sealed bids for the Project;
and
WHEREAS, the low bid for the Project was submitted by Swinerton Builders in the amount
of $9,695,542.00 which is 35% lower than the Engineer’s estimate of $15,000,000.00; and
WHEREAS, staff determined that the bid submitted by Swinerton Builders is responsive
to the bid specifications and requirements, and that Swinerton Builders is the lowest responsive
and responsible bidder; and
WHEREAS, staff recommend awarding the public works contract for the Project to
Swinerton Builders in the amount of $9,695,542.00.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it:
1. Accepts bids for the “Millenia Library (GGV0267)” project;
2. Awards the public works contract for the “Millenia Library (GGV0267)” project to
Swinerton Builders in the amount of $9,695,542.00; and
3. Where necessary or appropriate for the purposes of implementing this action, the City
Council hereby directs and authorizes the City Manager to execute all change orders
and to make any and all findings required pursuant to Chula Vista Municipal Code
Section 2.56.160(H), as may be reasonably deemed necessary, advisable, or
appropriate to carry out and advance the Project.
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Resolution No.
Page 2
Presented by Approved as to form by
Tiffany Allen Marco A. Verdugo
City Manager City Attorney
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CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City of Chula Vista (the "City"),
a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions
for a City election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
Swinerton Builders
If any person* identified pursuant to item one (1) above is a corporation or partnership, list the
names of all individuals with a two thousand dollars ($2,000) investment in the business
corporation/partnership) entity.
Swinerton Builders is a wholly -owned subsidiary of Swinerton Incorporated. Swinerton
Incorporated is 100% employee owned. Approximately 50% is held by the Swinerton 401 (k) &
Savings Plan, and the balance is split among 900 plus employees. No single individual employee
owns more than 4% or more of the stock of the Swinerton Incorporated.
3. If any person* identified pursuant to item one (1) above is a non-profit organization or trust, list
the names of any person serving as director of the non-profit organization or as trustee or
beneficiary or trustor of the trust.
N/A
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
Mike BerryhilL, VP & Division Manager Will Leonard, Project Manager
Elizabeth Hawkins, Operations Manager Isabela Arce, Project Manager
Scott Morgan, Project Executive Chris Branham, Superintendent
Bobby Van HoLLebeke, Chief Estimator Dan Hagan, Superintendent
5. Has any person* associated with this contract had any financial dealings with an official** of the
City as it relates to this contract within the past twelve (12) months? Yes No X
27
hops://chuiavistaca.sharepoint.comisites/financelShared 27ocuments/Purchasingliids and Proposals FY26IRFP P27-2026 Chula Vista Miileoia
Library TIIRFP P27-2026 Chula Vista Millenia Library TI CIP Contract- PLA Projects Drafs.docx
Rev.8/12/2024
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If Yes, briefly describe the nature of the financial interest the official** may have in this contract.
N/A
6. Have you made a contribution of more than two hundred fifty dollars ($250) within the past twelve
12) months to a current member of the Chula Vista City Council? No X Yes — If yes, which
Council member?
7. Have you provided more than three hundred forty dollars ($340), or an item of equivalent value, to
an official** of the City in the past twelve (12) months? (This includes being a source of income,
money to retire a legal debt, gift, loan, etc.) Yes ____ No X
If Yes, which official** and what was the nature of item provided?
Date: January 16, 2026
Signature of Contractor/Applicant
Swinertan Builders
Name of Company, Firm or Entity
Elizabeth Hawkins
Print or type name of Contractor/Applicant
Title
Operations Manager
Person is defined as: any individual, firm, co -partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, or any other group or combination acting as a
unit.
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member
of a board, commission, or committee of the City, employee, or staff members.
28
hnpr;/lchulavistaca.sharepoint. corn/sites/finance/Shared Docunients/PurehasingIBids and Proposals FY26IRFP P27-2026 Chula Vista Millenia
Ltbrary TIIRFP P27-2026 Chula Vista Millenia Library T1 CIP Contract - PLA Projects Draft docx
Rev 8/12/2024
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v . 0 0 5 P a g e | 1
March 3, 2026
ITEM TITLE
Agreement Amendment: Approve an Amendment to the Legal Services Agreement with Colantuono,
Highsmith and Whatley, PC
Report Number: 26-0083
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 State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt a resolution approving the seventh amendment to the legal services agreement with Colantuono,
Highsmith and Whatley, PC to increase the not to exceed amount by $20,000.
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. The City retained outside counsel for Arturo
Castanares v. City of Chula Vista, et al., San Diego Superior Court Case number 37 -2021-00017713-CUMC-
CTL and now seeks approval of a seventh amendment to the legal services agreement with Colantuono,
Highsmith and Whatley, PC to increase the not-to-exceed amount from $720,000 to $740,000 to cover final
case invoices.
ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act
(CEQA), and it has determined that the activity is not a “Project” as defined under Section 15378 of the State
CEQA Guidelines because the proposed activity consists of a governmental fiscal/administrative activity
which does not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3)
of the State CEQA Guidelines, the activity is not subject to CEQA.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
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. In connection with public records act litigation, the
City retained outside attorneys to defend the City. During the course of the litigation, the City Attorney has
sought spending authority for outside counsel and associated litigation costs and now seeks approval for the
seventh amendment to the legal services agreement with Colantuono, Highsmith and Whatley, PC to increase
the not increase the not-to-exceed amount from $720,000 to $740,000 for payment of final invoices in the
case.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no fiscal impact as a result of this action. This is included in the fiscal year 2025-26 budget of the
Public Liability Trust Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact resulting from this action. Any increases to this agreement will be
considered as part of the annual budget development process in future years.
ATTACHMENTS
None.
Staff Contact: Karen Rogan, Assistant City Attorney
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1
SEVENTH AMENDMENT TO
LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA AND
COLANTUONO, HIGHSMITH & WHATLEY, PC
This Seventh Amendment to Legal Services Agreement (“Amendment”) is entered into and
effective this date of March 3, 2026 (“Effective Date”), by and between the City of Chula Vista (“City”),
a California chartered municipal corporation, and Colantuono, Highsmith & Whatley, PC (“Attorney”),
a professional corporation duly organized and existing under the laws of the state of California. The
City and Attorney may be referred to herein individually as a “Party” or collectively as the “Parties.”
RECITALS
WHEREAS, Attorney has provided legal services to the City pursuant to that Legal Services
Agreement entered into by and between the Parties effective May 27, 2021 (“Agreement”); and
WHEREAS, the Agreement provides that its provisions may be modified by written amendment
executed by the Parties; and
WHEREAS, the Parties now seek to amend the Agreement to increase the not-to-exceed amount
and extend the term, as set forth in this Amendment.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants
contained herein, the Parties agree as follows:
AMENDMENT
1. Defined Terms. All terms not specifically defined in this Amendment shall have the same
definition and meaning as set forth in the Agreement.
2. Amendment to Section 1 (Term of Agreement). Section 1 of the Agreement is hereby amended
in its entirety to read as follows:
1. Term of Agreement. This Agreement shall cover services rendered from the first
communication between the City and Attorney through May 26, 2026.
3. Amendment to Section 3.1 (Compensation). Section 3.1 of the Agreement is hereby amended to
increase the not to exceed amount by twenty thousand dollars ($20,000), for a total not to exceed
amount of seven hundred forty thousand dollars ($740,000).
4. Costs. Costs incurred under the Agreement prior to execution of this Amendment in excess of the
not to exceed amount then in effect are hereby ratified and authorized and shall be compensated
pursuant to the terms of the Agreement, as amended herein.
5. Effect of Amendment. Except as expressly provided in this Amendment, all other terms and
conditions of the Agreement shall remain in full force and effect. In the event of a conflict between
this Amendment and the Agreement, this Amendment shall control.
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2
SIGNATURE PAGE
IN WITNESS WHEREOF, by executing this Seventh Amendment where indicated below, City
and Attorney agree that they have read and understood all terms and conditions of this Seventh
Amendment, that they fully agree and consent to be bound by same, and that they are freely entering
into this Seventh Amendment as of Effective Date.
CITY OF CHULA VISTA
By: ________________________________________________________
Marco A. Verdugo
City Attorney
ATTORNEY
By: ________________________________________________________
Michael G. Colantuono, President
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Form Rev 2/18/2025
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
LEGAL SERVICES AGREEMENT WITH COLANTUONO,
HIGHSMITH, & WHATLEY, PC
WHEREAS, Colantuono, Highsmith, & Whatley, PC (“Attorney”) has provided legal
services to the Cit y of Chula Vista (“City”) pursuant to that Legal Services Agreement effective
May 27, 2021 (“Agreement”) (City and Attorney collectively, “Parties”); and
WHEREAS, the Parties have previously amended the Agreement; and
WHEREAS, the Parties now seek to amend the Agreement to increase the authorized not
to exceed amount and extend the term.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it hereby approves the Seventh Amendment to Legal Services Agreement between the City
and Colantuono, Highsmith, and Whatley, PC, increasing the not to exceed amount by $20,000 for
a total not to exceed amount of $740,000 and extending the term through May 26, 2026, in
substantially the form presented, with such minor modifications as may be required or approved
by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and
authorizes and directs the City Attorney to execute the Amendment.
Presented by Approved as to form by
_______________________________ _________________________________
Marco A. Verdugo Marco A. Verdugo
City Attorney City Attorney
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v . 0 0 5 P a g e | 1
March 3, 2026
ITEM TITLE
Council Policies: Consider Revising and Adopting Policies on Records and Information Management Program
and Purchasing Environmentally Preferable Products
Report Number: 25-0262
Location: No specific geographic location
Department: City Manager
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 the following resolutions:
A) Revising City Council Policy 112-01 Records and Information Management Program; and
B) Revising City Council Policy 2000-03 Purchasing Environmentally Preferable Products
SUMMARY
Adoption of these resolutions revises City Council Policies 112-01 Records and Information Management
Program and 2000-03 Purchasing Environmentally Preferable Products.
ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act
(CEQA), and it has been determined that the activity is not a “Project” as defined under Section 15378 of the
State CEQA Guidelines because it will not result in a physical change in the environment. Therefore, pursuant
to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
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DISCUSSION
Progress continues on the comprehensive review of approximately 160 policies adopted by the City Council
since 1962. These policies serve as the official description of a City procedure, policy, or practice. A policy
may derive from an ordinance, resolution, administrative regulation, or department policy.
In the fall of 2022, the City Manager initiated a review of City Council policies to identify policies for revision
or rescission, or any new policies that the City Council should consider for adoption. In the spring of 2024, a
workgroup including staff from the City Manager, City Clerk, and City Attorney departments was formed to
coordinate this effort.
Since then, the City Council has adopted changes to eight policies, rescinded sixteen, and adopted one new
policy. Staff is recommending City Council consider revising three policies.
City Council Policies Recommended for Revision
1. City Council Policy 112-01 – Records and Information Management Program
This policy is a framework for how the City creates, manages, retains, and disposes of records and electronic
communications to ensure legal compliance, transparency, and efficient operations, consistent with state law
and public records requirements. The updated Records and Information Management (RIM) Policy provides
a comprehensive modernization of the City’s records governance practices and addresses the use of various
technologies. Key updates include clearer definitions, alignment with current state law, strengthen ed
retention and disposition requirements, and expanded guidelines for electronic communications. The
revised policy incorporates and reinforces expectations for the appropriate storage and management of City
records, whether created on City-issued or personal devices.
These updates enhance compliance with the California Public Records Act, improve consistency in records
handling across departments, and support the City’s transition to modern, digital recordkeeping practices.
Upon Council approval, staff will begin Citywide training and provide updated reference materials to ensure
smooth implementation of the policy and its related procedures.
2. City Council Policy 2000-03 Purchasing Environmentally Preferable Products
This policy directs City departments to prioritize environmentally preferable products and sustainable
purchasing practices when cost, quality, and performance are comparable, supporting environmental
stewardship and compliance with state recycling and organic waste procurement requirements. Updates to
this policy add definition language based on the requirements of California Senate Bill 1383 (Lara 2016),
which requires jurisdictions to procure and use compost, mulch, and recycled-content paper products. The
other language updated to this policy states that each City department should include environmentally
preferred products and service specifications in bid documents and that each department is responsible for
compliance with the procurement requirement once the policy is approved. Additional language considers
the total cost of ownership of products, with some exceptions for those with limited availability or no
environmentally preferable disposal management systems.
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P a g e | 3
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the 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
There is no immediate fiscal impact associated with adoption of this policy. Costs associated with purchasing
environmentally preferred products is reflective of current procurement/solicitation terms and conditions
and is not anticipated to have additional fiscal impacts.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this action.
ATTACHMENTS
1. City Council Policy 112-01 – Records and Information Management Program - CLEAN
2. City Council Policy 112-01 – Records and Information Management Program - REDLINE
3. City Council Policy 2000-03 – Purchasing Environmentally Preferable Products – CLEAN
4. City Council Policy 2000-03 – Purchasing Environmentally Preferable Products – REDLINE
Staff Contacts: Courtney Chase, Deputy City Manager
Lois Yum, Special Projects Manager
Kerry K. Bigelow, City Clerk
Tyshar L. Turner, Deputy Director, City Clerk Services
Angelica Aguilar, Interim Public Works Director
Manuel Medrano, Environmental Services Manager
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Form Rev 9/30/2025
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CITY COUNCIL POLICY 112-01 -
THE RECORDS AND INFORMATION MANAGEMENT
PROGRAM
WHEREAS, Council Policy No. 112-01, Records and Information Management Program
(formerly titled the City-wide Records Management Program), was originally adopted by
Resolution No. 17577 on August 2, 1994, and subsequently adopted and updated by Resolution
No. 2022-214 on October 4, 2022; and
WHEREAS, the City Council Policy previously adopted no longer reflects current
operational practices, technological advancements, and legal requirements, and therefore requires
modernization to ensure effective and compliant records and information management; and
WHEREAS, the revised City Council Policy updates and modernizes the City’s framework
by expanding definitions; clarifying ownership, classification, and repository requirements;
establishing governance and management guidance for email and collaborative messaging
platforms; strengthening security, privacy, legal hold, and disaster recovery provisions; and
formalizing roles and administrative authority to ensure compliant, defensible, and sustainable
management of City records in both physical and digital environments;
WHEREAS, the purpose of the City Council Policy is to establish policies and procedures
under a Records and Information Management Program to control the orderly creation, utilization,
maintenance, retention, preservation, and disposition of City records, consistent with State law,
including the California Public Records Act, Government Code 7920.00 et seq.; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it does hereby amend City Council Policy 112-01 – Records and Information Management
Program as set forth in Exhibit 1 to this resolution 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.
Presented by Approved as to form by
Kerry K. Bigelow, MMC Marco A. Verdugo
City Clerk City Attorney
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Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REVISING CITY COUNCIL POLIC Y 2000-03
PURCHASING ENVIRONMENTALLY PREFERABLE
PRODUCTS
WHEREAS, City Council policies are the official description of a City procedure, policy
or practice; and
WHEREAS, the City is in the process of reviewing City Council policies to identify which
ones need revisions and which ones can be rescinded; and
WHEREAS, the City of Chula Vista is committed to environmental stewardship and
sustainable operations through responsible procurement practices; and
WHEREAS, City Council Policy 2000-03 Purchasing Environmentally Preferable
Products was adopted in 2008 to encourage the use of products that reduce environmental impacts
when cost, quality, and performance are comparable; and
WHEREAS, since adoption of the policy, the State of California has enacted additional
requirements, including Senate Bill 1383, which establishes procurement standards for recycled-
content paper and recovered organic waste products; and
WHEREAS, the proposed revisions to Council Policy 2000 -03 update definitions,
incorporate SB 1383 procurement requirements, clarify departmental responsibilities, and
emphasize consideration of total cost of ownership in purchasing decisions; and
WHEREAS, these updates strengthen the City’s compliance with state law, support
sustainable purchasing practices, and promote consistency across departments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the revised City Council Policy 2000-03 Purchasing Environmentally Preferable
Products, attached hereto as Exhibit 1, in the form presented, with such minor modifications as
may be required or approved by the City Attorney.
Presented by Approved as to form by
Courtney Chase Marco A. Verdugo
Deputy City Manager City Attorney
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CITY COUNCIL POLICIES
POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 1 of 10
I. BACKGROUND
A well-maintained Records and Information Management (RIM) Program assists the City of Chula Vista
(“City”) in remaining compliant with record-keeping regulations, avoiding risks and potential legal action,
and improving workflow and productivity.
Pursuant to Charter Section 502, the City Clerk is designated as the official responsible for the
administration and oversight of the City’s Records and Information Management (“RIM”) Program.
II. PURPOSE
To establish policies and procedures under a comprehensive RIM framework to control the orderly
creation, utilization, maintenance, retention, preservation, and Disposition of Records, consistent with
State law, including the California Public Records Act (California Government Code §7920.000 et seq).
This Policy also defines the requirements for using, managing, and storing Records received or created
via Electronic Communication Systems in the conduct of City business. It establishes expectations for
using email, messaging, and Collaborative Messaging Platforms to ensure appropriate, secure, and legally
compliant practices consistent with Records management requirements.
III. SCOPE
This Policy applies to all Records, regardless of physical form, storage location, or medium. This includes,
but is not limited to:
Physical Records: paper documents, maps, plans, photographs, and other tangible media.
Electronic Records: documents, spreadsheets, databases, emails, and other digital formats.
Electronic Communications: email, text messages, instant messages, chats, social media posts, or
other electronic forms of communication related to City business.
Multimedia: Audio, video, and multimedia Records produced in the course of official City
activities.
This Policy applies to elected officials; City Council-appointed board, commission, and committee
members; employees; contractors; consultants; and volunteers of the City who are acting on behalf of the
City and who create, access, manage, or store City Records, information, and Electronic Communication.
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CITY COUNCIL POLICIES
POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 2 of 10
IV. DEFINITIONS
Collaborative Messaging Platform
Collaborative Messaging Platforms are software or systems, including but not limited to Microsoft Teams,
Slack, text messaging, or other collaboration tools, that enable real-time text or chat communication.
Convenience Information
Convenience Information refers to materials maintained solely for reference, ease of access, or personal
convenience that are not the official Record. These materials are typically duplicates, drafts, notes, or
working copies kept to assist employees in carrying out day-to-day tasks and are classified as non-records
or Convenience Information. They have no retention value once their administrative purpose is served and
should be destroyed when no longer needed. Examples of Convenience Information are included in
Exhibit A.
Disposition
Disposition is the final action taken with respect to a Record, such as destruction, transfer to storage, or
permanent retention, after it has met its approved retention period and is no longer required for cu rrent
operations.
Electronic Communication
Electronic Communication is a message or data transmitted or received via an Electronic Message System,
including any attachments that may be transmitted with the message, along with its descriptive
transmission metadata, including email, instant messages, text messages, chat messages, and other forms
of Electronic Communications used in City business.
Electronic Communication System
An Electronic Communication System is one or more computer networks, hardware, and software
applications used to create, receive, and transmit messages and other documents electronically.
Records
Records are either defined specifically in applicable statutes, including Gov. Code § 7920.530, Municipal
Code, City business practices, or, in the absence of specific practices, a Record is a document or
information generated as the final output of a business process or business decision, regardless of physical
form or characteristics.
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CITY COUNCIL POLICIES
POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 3 of 10
Records and Information Management (RIM) Program
The Records and Information Management (RIM) Program is the framework administered by the City
Clerk to ensure systematic control of creation, receipt, maintenance, use, and Disposition of Records in
accordance with approved policies and the Records Retention Schedule.
Records Retention Schedule
The Records Retention Schedule is the City Council-adopted schedule identifying official Record series,
retention periods, and final Disposition requirements based on legal, administrative, fiscal, and historical
value.
Repository
A Repository is the official storage location, physical or electronic, approved by the City for maintaining
Records in an organized and secure manner (e.g., Laserfiche, NetFile, or other City-approved systems).
User
User means any individual who is acting on behalf of the City and who creates, accesses, uses, manages,
or stores Records, information, or electronic communications. This includes elected officials; City
Council-appointed board, commission, and committee members; employees; contractors; consultants; and
volunteers.
V. POLICY
1. Ownership and Privacy
1.1 City Property. Records created or received in the conduct of the City’s business by Users,
including staff and elected and appointed officials, are the exclusive property of the City, unless
otherwise required by contract or law, including data privacy laws. Records are subject to
compliance with this Policy, the associated Records Retention Schedule, and any other City
policy or procedure.
1.2 Personal Devices and Accounts. Records created, received, or stored in the conduct of City
business on a personal device or account are the property of the City. Use of personal devices
or accounts for City business is strongly discouraged.1 2
1.3 Communication of Personal Information. Users should not communicate their private,
privileged, or confidential information, including but not limited to personal attorney-client
communications, financial or medical information, using any City systems, accounts, or
devices. Users who do communicate their private information using any City system, account,
or device will be deemed to have waived privilege or privacy rights in those communications,
even where those communications are made via a personal password-protected account. These
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CITY COUNCIL POLICIES
POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 4 of 10
communications are not Records and may be accessed and/or deleted at any time, without
notice.
2. Authenticity
2.1 Accuracy and Integrity of Records. The City is committed to creating and maintaining
complete, accurate, and trustworthy Records that document its business decisions and activities.
Deliberately creating false or misleading Records regarding the City’s activities is strictly
prohibited. Records should not contain language that is misleading, incomplete, inaccurate, or
fraudulent.
3. Classification
3.1 Proper Classification. Records, both paper and electronic, are to be created, stored, and
managed with the appropriate classification that enables efficient and, when appropriate, shared
access, appropriate application of retention, and secure protection.
4. Retention and Disposition
4.1 Retention. Records are to be retained in accordance with the Records Retention Schedule.
When Records complete their retention period and are no longer required for current operations,
regardless of their format, they shall undergo appropriate Disposition in compliance with
established City procedures and applicable laws.
4.2 Email. Emails not specifically designated as a Record and transferred to a Repository shall be
held for two (2) years. After this period of time, emails that have not been moved to a Repository
will be considered Convenience Information and automatically and permanently deleted. Each
User is responsible for identifying and preserving emails that meet the definition of a Record
by transferring them to the appropriate Repository within the two-year timeframe to ensure
proper management and Disposition.
4.3 Destruction. Records must be disposed of in accordance with the Records Retention Schedule
and Records destruction process established by the City Clerk. Records may not be destroyed
without prior approval from the City Clerk, City Attorney, and Finance Director.
4.4 Disposal and Destruction of Sensitive Records. The destruction of confidential or sensitive
Records shall be carried out in a manner that ensures the information cannot be reconstructed
or retrieved.
5. Records Storage
5.1 Hardcopy Records. Hardcopy Records that are no longer considered active should be
evaluated for Disposition in accordance with the Records Retention Schedule. Records that
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CITY COUNCIL POLICIES
POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 5 of 10
must be retained beyond their active period may be transferred to City-designated storage
facilities to fulfill retention requirements.
5.2 Electronic Records. Electronic Records, including Electronic Communications, that are no
longer considered active, may be transferred to a Repository or moved offline to fulfill retention
requirements. All Records, regardless of the storage location, must remain accessible by City
employees for business needs and in response to Public Records Requests. Electronic
Communication Systems, including, but not limited to, systems that send or receive email, texts,
and chats, are not Repositories for the storage and retention of Records.
5.3 Unauthorized Storage Locations. Records should not be transferred to or stored in
unauthorized physical or electronic locations, such as in personal accounts or devices.
6. Use of City-Issued and Personal Accounts and Devices
6.1 City-Issued Accounts and Devices. Users who are issued official City Electronic
Communication devices or accounts, including, but not limited to, a City email account,
computer, tablet, or mobile device, should use their City-issued account or device when
conducting City business.
6.2 Personal Accounts and Devices. Users who conduct City business using personally owned
devices or accounts may create, store, or transmit Records. Such Records may be subject to
disclosure under the California Public Records Act. Users are responsible for promptly
forwarding or transferring Records to a Repository to ensure appropriate retention,
management, and accessibility in accordance with applicable laws and this Policy.1 2
7. Accessibility and Availability
7.1 Records Accessibility. Records must remain accessible and retrievable for business operations,
legal proceedings, audits, or investigations as long as required by their applicable retention
periods, regardless of storage location or format.
7.2 Public Records. Records that are determined to be “public” are to be made available for the
public to obtain in accordance with the California Public Records Act, Government Code
§§7920,000-7931.000.
7.3 Public Disclosure and Department Responsibilities. Records determined to be public are to
be accessible in accordance with the California Public Records Act and applicable City policies.
Public Records Act requests for Police Department Records are generally handled by the Police
Department. Requests for Records from all other departments are generally facilitated through
the City Clerk. Users should not respond directly to requests for public Records unless expressly
authorized by the City Clerk or, for Police Department Records, by the Police Department. This
approach may be adjusted as needed to accommodate staffing or operational requirements
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CITY COUNCIL POLICIES
POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 6 of 10
8. Records Security, Privacy, and Confidentiality
8.1 Protection of Records. Records shall be safeguarded from unauthorized access, alteration,
theft, loss, or destruction. Each Department is responsible for ensuring that Records are stored
in secure locations and that access is limited to individuals with a legitimate business need. The
City Clerk and Information Technology Services (ITS) shall establish and maintain standards
for access controls, authentication, and secure storage in accordance with applicable laws and
this Policy.
8.2 Privacy and Confidential Information. Certain Records contain confidential, personal, or
sensitive information protected by law, including but not limited to personnel, medical, and
privileged legal Records. Users must handle such Records in compliance with all applicable
privacy laws, including the California Public Records Act and the California Consumer Privacy
Act, and City policies. Unauthorized disclosure or improper handling of confidential
information is strictly prohibited.
8.3 Security Incidents and Unauthorized Access. Any suspected or confirmed breach,
unauthorized access, or loss of Records must be reported immediately to a supervisor, the City
Clerk, and Information Technology Services. The City shall investigate and respond to such
incidents in accordance with its data breach notification and mitigation protocols.
9. Electronic Communication and Records Management
9.1 Collaborative Messaging Platforms. Messages sent or received on City-provided
Collaborative Messaging Platforms (e.g., Microsoft Teams, Slack, etc.) are considered
Convenience Information and should not be used in a manner that creates a Record. If a User
does create a Record through these platforms, they are responsible for capturing, saving, and
managing it in accordance with the City’s records management policies. Examples of allowable
and non-allowable messages are provided in Exhibit B.
9.2 Social Media:
a. Official City Social Media Accounts. City social media accounts are to be used
exclusively for the distribution of official City information. Original documents are not to
be created within social media platforms, but attached, and original communication posted
to social media is to be limited to City announcements, notifications, or informational
updates consistent with the City’s approved communications guidelines.
b. Personal Social Media Accounts: Posts, comments, messages, and related metadata
created or received on a personal social media account must be assessed by the User to
determine whether they constitute a Record. The User who created or received the
content is responsible for retaining and producing it in accordance with applicable laws
and this Policy.
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CITY COUNCIL POLICIES
POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 7 of 10
10. Records of Departing Personnel and Officials
10.1 Elected and Appointed Officials. When an elected or appointed official’s term ends, the
elected or appointed official shall work with the City Clerk to transfer Records to the City
Clerk’s Office to comply with the requirements of this Policy and any supporting procedures
for retaining and managing the Records of the exiting official.
10.2 Employees, Volunteers, and Contractors. When an employee, volunteer, or contractor leaves
the City, the exiting individual’s supervisor or manager, or the contractor’s City point of contact
is responsible for complying with the requirements of this Policy and any supporting procedures
for retaining and managing the Records of the exiting employee, volunteer, or contractor.
11. Legal Holds and Suspending Retention Requirements
11.1 Legal Hold. Records and Convenience Information relevant to pending or current City
litigation identified explicitly in a legal hold notice submitted by the City Attorney’s Office
shall immediately suspend all destruction procedures. All Records, to include Convenience
Information, and Electronic Communications subject to a legal hold, must comply with the
instructions on the legal hold notice issued by the City Attorney. Users shall not delete or
dispose of any Records, Convenience Information, or Electronic Communication covered by
the legal hold notice and/or relevant to the matter until notified in writing by the City Attorney’s
Office.
12. Information Protection and Disaster Recovery
12.1 Disaster Recovery Backups. Disaster recovery backup media are exact copies of an operating
system, associated applications, and data created for the sole purpose of protecting and
recovering data and documents in the event of a disaster or business disruption. They are not
subject to the requirements of the Records Retention Schedule. Backups serve as a level of
protection for electronic systems and the data stored on those systems to ensure an exact
duplicate or copy is available and unalterable for use in the event of a business disruption.
13. Preservation of Historical and Vital Records
13.1 Preservation. Preservation encompasses the activities undertaken to ensure the usable life of
archival Records. These activities are designed to minimize the physical or digital deterioration
of Records and to prevent the loss of informational content. 3
13.2 Protection of Vital and Historical Records. Records designated as “vital” or “historical” are
to be protected in a manner that establishes the priority of recovery of the data or documents in
a timely manner following a disaster or system disruption. Such Records must be safeguarded
in accordance with established City procedures and standards for business continuity and
disaster recovery. Vital Records are those Records essential to the City’s ability to recover from
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CITY COUNCIL POLICIES
POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 8 of 10
a disaster, resume business operations, or protect legal and financial interests, and should be
protected in accordance with City procedures and standards.
13.3 Mandatory Preservation of Paper Versions of Permanent Records. Under no circumstances
are Records specified in Government Code section 34090 authorized to be destroyed, even
when digitized, including the minutes, ordinances, or resolutions of the City Council or a City
board or commission, due to their historical value.
14. Policy Administration and Procedures
14.1 Administrative Policies. Notwithstanding this Policy or any other City Council-adopted
policies or procedures, the City Clerk, in consultation with the City Attorney and City Manager,
shall have the authority to develop and amend administrative policies and procedures, as
necessary, to implement the terms of this Policy.
VI. REFERENCES
Records Retention Schedule
HISTORY
1 City of San Jose v. Superior Court, 2 Cal. 5th 608 (2017): “When a city employee uses a personal account to
communicate about the conduct of City business, the writings may be subject to disclosure under the California
Public Records Act.” Records on personal accounts and devices may include, but are not l imited to,
communications via: text message, personal email accounts, and social media accounts. The City does not seek
correspondence that is personal in nature but only Records that relate to City business.
2 City’s Electronic Communications Policy No. 909
3 Government Code § 34090
DATE ACTION RESOLUTION NO.
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POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 9 of 10
EXHIBIT A
CONVENIENCE INFORMATION EXAMPLES
The examples contained in this Exhibit are illustrative and not exhaustive. The City Clerk, in consultation with the City
Attorney, is authorized to expand or clarify these examples and to issue updated guidance for staff training purposes. Such
updates may be made administratively and do not require further action by the City Council, provided the underlying Policy
itself is not modified.
Catalogs, Conference Handouts, and Trade Journals
Catalogs, trade journals, bulletins, magazines, manuscripts, brochures, conference/seminar handouts,
manuals, external newsletters, and flyers that are external publications.
Collaborative Messaging Platform Messages and Notes
Collaborative Messaging is casual notes and conversations made within any Collaborative Messaging
Platform used by the City in the conduct of business.
Duplicate/Extra Copies
Exact copies of Records and information; duplicates of a document, such as printed publication.
Personal Working Files
When there is a final document (the “Record”) in place, the drafts of that document and any rough notes
are considered Convenience Information.
Reference Materials
Materials used as review or reference by an employee, but which are not documents of the City’s business
activities.
Templates
Unused or blank templates that have not been filled out or completed.
Transitory Correspondence
Casual correspondence (including e-mail) used for administrative purposes or internal communications
(such as notification of a change in a meeting room or scheduling a working lunch).
RETENTION
Convenience Information can be destroyed or deleted when no longer needed, provided it is not subject to an active legal
hold.
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POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 10 of 10
EXHIBIT B
EXAMPLES OF ALLOWABLE AND NON-ALLOWABLE MESSAGES ON COLLABORATIVE
MESSAGING PLATFORMS
The examples contained in this Exhibit are illustrative and not exhaustive. The City Clerk, in consultation with the City
Attorney, is authorized to expand or clarify these examples and to issue updated guidance for staff training purposes. Such
updates may be made administratively and do not require further action by the City Council, provided the underlying Policy
itself is not modified.
Examples of Allowable Messaging on Collaborative Messaging Platforms
Meeting Reminders: “Reminder: Team meeting at 2 PM in Conference Room A.”
General Scheduling: “I’m running 5 minutes late for our check-in.”
Quick Coordination: “Can you review the draft I emailed before 3 PM?”
Technical Issues: “Having trouble accessing the shared drive—anyone else?”
Non-Substantive Clarifications: “Which template should we use for the report?”
Office Logistics: “Lunch orders are here in the break room.”
Team Updates: “FYI: IT will be updating our software this evening.”
Examples of Non-Permitted Messaging on Collaborative Messaging Platforms
Official Decisions or Approvals: “I approve the final version of the policy update.”
Substantive Discussions: “Let’s discuss how to revise the ordinance before the next meeting.”
Contract Negotiations: “The vendor agreed to lower the price—let’s move forward.”
Policy Interpretations: “Based on our rules, this application should be denied.”
Legal or Confidential Matters: “HR is investigating an issue with an employee.”
Formal Requests or Directives: “Please submit your final budget recommendations by Friday.”
Record-Keeping Information: “Here’s the final list of approved permits for the quarter.”
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CITY COUNCIL POLICIES
POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 1 of 14
I. BACKGROUND
A well-maintained Records and Information Management (RIM) program Program assists the City of
Chula Vista (“City”) in remaining compliant with record-keeping regulations, avoiding security risks and
potential legal action, and improving workflow and productivity.
Pursuant to Charter Section 502, the City Clerk is designated as the official responsible for the
administration and oversight of the City’s Records and Information Management (“RIM”) Program.
II. PURPOSE
To establish policies and procedures under a comprehensive RIM Program framework to control the
orderly creation, utilization, maintenance, retention, preservation, and disposition Disposition of City
Records, consistent with State law, including the California Public Records Act (California Government
Code §7920.000 6250 et seq). “ Public Records Act.”
This Policy also defines the requirements for using, managing, and storing Records received or created
via Electronic Communication Systems in the conduct of City business. It establishes expectations for
using email, messaging, and Collaborative Messaging Platforms to ensure appropriate, secure, and
legally compliant practices consistent with Records management requirements.This Policy applies to
elected officials, Council-appointed board, commission, and committee members, employees,
contractors, consultants, and volunteers of the City who are acting on behalf of the City and who have
access to, use of, or are involved in the creation, maintenance, or storage of the City’s Records,
information, and electronic communication
III. POLICYSCOPE
This Policy applies to all Records, regardless of physical form, storage location, or medium. This
includes, but is not limited to:
Physical Records: paper documents, maps, plans, photographs, and other tangible media.
Electronic Records: documents, spreadsheets, databases, emails, and other digital formats.
Electronic Communications: email, text messages, instant messages, chats, social media posts, or
other electronic forms of communication related to City business.
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POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 2 of 14
Multimedia: Audio, video, and multimedia Records produced in the course of official City
activities.
This Policy applies to elected officials,; City Council-appointed board, commission, and committee
members,; employees,; contractors,; consultants,; and volunteers of the City who are acting on behalf of
the City and who create, access, manage, or store City Records, information, and Electronic
cCommunication.
IV. DEFINITIONS
Collaborative Messaging Platform
Collaborative Messaging Platforms are software or systems, including but not limited to Microsoft
Teams, Slack, text messaging, or other collaboration tools, that enable real-time text or chat
communication.
Convenience Information
Convenience Information refers to materials maintained solely for reference, ease of access, or personal
convenience that are not the official Record copy of a document. These materials are typically duplicates,
drafts, notes, or working copies kept to assist employees in carrying out day-to-day tasks and are classified
as non-records or Convenience Information. They have no retention value once their administrative
purpose is served and should be destroyed when no longer needed. Examples of Convenience Information
are included in Exhibit A.
Disposition
Disposition is the final action taken with respect to a Record, such as destruction, transfer to storage, or
permanent retention, after it has met its approved retention period and is no longer required for current
operations.
Electronic Communication
Electronic Communication is a message or data transmitted or received via an Electronic Message System,
including any attachments that may be transmitted with the message, along with its descriptive
transmission metadata, including email, instant messages, text messages, chat messages, and other forms
of Electronic Communications used in City business.
Electronic Communication System
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CITY COUNCIL POLICIES
POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 3 of 14
An Electronic Communication System is one or more computer networks, hardware, and software
applications used to create, receive, and transmit messages and other documents electronically.
Records
Records are either defined specifically in applicable statutes, including Gov. Code § 7920.530, Municipal
Code, City business practices, or, in the absence of specific practices, a Record is a document or
information generated as the final output of a business process or business decision, regardless of physical
form or characteristics.
Records and Information Management (RIM) Program
The Records and Information Management (RIM) Program is the framework administered by the City
Clerk to ensure systematic control of creation, receipt, maintenance, use, and Disposition of Records in
accordance with approved policies and the Records Retention Schedule.
Records Retention Schedule
The Records Retention Schedule is the City-approved schedule identifying official Record series,
retention periods, and final Disposition requirements based on legal, administrative, fiscal, and historical
value.
Repository
A Repository is the official storage location, physical or electronic, approved by the City for maintaining
Records in an organized and secure manner (e.g., Laserfiche, NetFile, or other City-approved systems).
User
User means any individual who is acting on behalf of the City and who creates, accesses, uses, manages,
or stores Records, information, or electronic communications. This includes elected officials; City
Council-appointed board, commission, and committee members; employees; contractors; consultants; and
volunteers.
III.V. POLICY
1. Ownership and Privacy
1.1 City Property.: Records and information created or received in the conduct of the City’s
business by Users, including staff or and elected and appointed officials, are the exclusive
property of the City, unless otherwise required by contract or law, including data privacy laws.
City Records and information are subject to compliance with this Policy, the associated Records
Retention Schedule, and any other City policy or procedure.
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POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 4 of 14
Personal Devices and Accounts. Records created, received, or stored in the conduct of City
business on a personal device or account on behalf of the City isare the property of the
1.2 City. Use of personal devices or accounts for City business is strongly discouraged.1 2
1.21.3 Communication of Personal Information. Users should not communicate their private,
privileged, or confidential information, including but not limited to personal attorney-client
communications, financial or medical information, using any City systems, accounts, or
devices. Users who do communicate their private information using any City system, account,
or device will be deemed to have waived privilege or privacy rights in those communications,
even where those communications are made via a personal password-protected account. These
communications are not Records and may be accessed and/or deleted at any time, without
notice.
2. Authenticity
2.
2.1 2.1. Accuracy and Integrity of Records.: The City is committed to creating and maintaining
complete, accurate, and trustworthy Records and information that document its business
decisions and activities. Deliberately creating false or misleading Records or information
regarding the City’s activities is strictly prohibited. Records and information should not contain
language that is misleading, incomplete, inaccurate, or fraudulent.
3. Classification
3.
3.1 Proper Classification.: Records and information, both paper and electronic, are to be created,
stored, and managed with the appropriate classification that enables efficient and, when
appropriate, shared access, appropriate application of retention, and secure protection.
3.1
4. Retention and Disposition/Destruction
4.
4.1 4.1. RecordsRetention.: Records and information are to be retained in accordance with the
approved Records Retention Schedule. When Records or information complete their retention
period and are no longer required for current operations, regardless of their format, they shall
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POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 5 of 14
undergo appropriate Disposition shall be deleted or disposed of in compliance with established
City procedures and applicable laws.
4.1
4.2 4.2. Email.: Emails not specifically designated as a Record and transferred to a Repository shall
be held for two (2) years. After this period of time, emails that have not been moved to a
Repository will be considered Convenience Information and automatically and permanently
deleted. Each User is responsible for identifying and preserving emails that meet the definition
of a Record by transferring them to the appropriate Repository within the two-year timeframe
to ensure proper management and Disposition.
4.2
4.3 4.3. :. Destruction. Records must be disposed of in accordance with the Records Retention
Schedule and Records destruction process established by the City Clerk. Records may not be
destroyed without prior approval from the City Clerk, City Attorney, and Finance Director.
4.4 Disposal and Destruction of Sensitive Records. The destruction of confidential or sensitive
Records shall be carried out in a manner that ensures the information cannot be reconstructed
or retrieved.
5. Records Storage
5.
5.1. Hardcopy Records.: Hardcopy Records and information that are no longer considered
active should be evaluated for Disposition in accordance with the Records Retention Schedule.
Records that must be retained beyond their active period may be transferred to City-designated
storage facilities to fulfill retention requirements.
5.1 5.2.
5.1 Electronic Records.: Electronic Records, including Electronic Communications, and
informationthat are no longer considered active may be transferred to approved a repositories
Repository or moved offline to fulfill retenionretention requirements., but informationAll
Records, regardless of the storage in any location must be remain accessible by City employees
for business needs and in response to requests by the public.Public Records Requests.
Electronic Communication Systems, including, but not limited to, systems that send or receive
email, texts, and chats, are not Repositories for the storage and retention of Records.
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Contextual
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POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 6 of 14
5.2
5.3 Unauthorized Storage Locations. Records should not be transferred to or stored in
unauthorized physical or electronic locations, such as in personal accounts or devices.
5.2
6. Use of City-Issued and Personal Accounts and Devices5.3.
6.1 City-Issued Accounts and Devices. Users who are issued official City Electronic
Communication devices or accounts, including, but not limited to, a City email account,
computer, tablet, or mobile device, should use their City-issued account or device when
conducting City business.
6. uthorized Storage Locations: Records and information that are owned by the City should not be
transferred to or stored in any unauthorized locations, personal accounts or on personal devices. Work
done on a personal device on behalf of the City is the property of the
City.1 2
EC,,
6.2 Personal Accounts and Devices. Users who conduct City business using personally owned
devices or accounts may create, store, or transmit Records. Such Records may be subject to
disclosure under the California Public Records Act. Users are responsible for promptly
forwarding or transferring Records to a Repository to ensure appropriate retention,
management, and accessibility in accordance with applicable laws and this Policy..
7. Accessibility and Availability
7.1 Records Accessibility.: Records must remain accessible and retrievable for business
operations, legal proceedings, audits, or investigations as long as required by their applicable
retention periods, regardless of storage location or format.
7.2 Public Records. Records that are determined to be “public” are to be made available for the
public to obtain in accordance with the California Public Records Act, Government Code
§§7920,000-7931.000.
7.3 Public Disclosure and Department Responsibilities. Records determined to be public are
accessible in accordance with the California Public Records Act and applicable City policies.
Public Records Act requests for Police Department Records are generally handled by the Police
Department. Requests for Records from all other departments are generally facilitated through
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POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 7 of 14
the City Clerk. Users should not respond directly to requests for public Records unless expressly
authorized by the City Clerk or, for Police Department Records, by the Police Department. This
approach may be adjusted as needed to accommodate staffing or operational requirements.
Records that are determined to be “public” are to be made available for the public to obtain in accordance with
the California Public Records Act, Government Code § 6250
Records and information must be available for future business, litigation, and investigations as necessary,
regardless of storage location.
8. Records Security, Privacy, and Confidentiality
8.1 Protection of Records. Records shall be safeguarded from unauthorized access, alteration,
theft, loss, or destruction. Each Department is responsible for ensuring that Records are stored
in secure locations and that access is limited to individuals with a legitimate business need. The
City Clerk and Information Technology Services (ITS) shall establish and maintain standards
for access controls, authentication, and secure storage in accordance with applicable laws and
this Policy.
8.2 Privacy and Confidential Information. Certain Records contain confidential, personal, or
sensitive information protected by law, including but not limited to personnel, medical, and
privileged legal Records. Users must handle such Records in compliance with all applicable
privacy laws, including the California Public Records Act and the California Consumer Privacy
Act, and City policies. Unauthorized disclosure or improper handling of confidential
information is strictly prohibited.
8.3 Security Incidents and Unauthorized Access. Any suspected or confirmed breach,
unauthorized access, or loss of Records must be reported immediately to a supervisor, the City
Clerk, and Information Technology Services. The City shall investigate and respond to such
incidents in accordance with its data breach notification and mitigation protocols.
8.9.Electronic Communication and Records Management
8.1 Email messaging is required to be conducted using City systems . .
8.29.1 Collaborative Messaging Platforms.: Messages sent or received on City-provided Collaborative
Messaging Platforms Instant messaging such as text messages(e.g., Microsoft Teams, Slack, etc.) are to
be are considered Convenience Information and should not be used in a manner that creates a Record. If a
User does create a Record through these platforms, they are responsible for capturing, saving, and
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(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 8 of 14
managing it in accordance with the City’s records management policies. Examples of allowable and
non-allowable messages are provided in Exhibit B.
9.2 Social Media:
a. Official City Social media Media Accounts. City social media accounts are to be is used
exclusively for the distribution of official City information. Original documents are not to
be created within social media platforms, but attached, and original communication posted
to social media is to be limited to City announcements, notifications, or informational
updates consistent with the City’s approved communications guidelines.
a. Personal Social Media Accounts: Posts, comments, messages, and related metadata
created or received on a personal social media account must be assessed by the User to
determine whether they constitute a Record. The User who created or received the
content is responsible for retaining and producing it in accordance with applicable laws
and this Policy.
b. Record Status and Storage: Electronic Communication systems, are intended to be a
medium of communication and not as repositories for City Records. Although Electronic
Communication may seem to be less formal than other written communication, the same
definition of Records applies, as do the rules for storage and retention. Electronic
Communication that meets the definition of a record is to be stored in an official City
repository.
b.
9.10. Records of Exiting Elected Officials, Council- Appointed Boards, Commissions, and
Committees, Employees, Volunteers, and ContractorsDeparting Personnel and Officials
10.1 Elected and Appointed Officials. When an elected or appointed official’s term ends, the
elected or appointed official is toshall work with the City Clerk to transfer Records and
information to the City Clerk’s Office to comply with the requirements of this Policy and any
supporting procedures for retaining and managing the Records and information of the exiting
official.
9.110.2 Employees, Volunteers, and Contractors. When an employee, volunteer, or contractor
leaves the City, the exiting individual’s supervisor or manager, or the contractor’s City point of
contact is responsible for complying with the requirements of this Policy and any supporting
procedures for retaining and managing the Records and information of the exiting employee,
volunteer, or contractor.
11. Legal Holds and Suspending Retention Requirements
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POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 9 of 14
9.2 Legal Hold. Records and Convenience Information relevant to pending or current City
litigation identified explicitly in a legal hold notice submitted by the City Attorney’s Office
shall immediately suspend all destruction procedures. This includes Electronic
Communications. Records, Convenience Information, including Electronic Communications
subject to a legal hold, must comply with the instructions on the legal hold notice issued by the
City Attorney. Users shall not delete or dispose of any Records, Convenience Information, or
Electronic Communication covered by the legal hold notice and/or relevant to the matter until
notified in writing by the City Attorney’s Office.
9.311.1 910.1. Disaster recovery backup media are exact copies of an operating system, associated
application and data created for the sole purpose of protecting and recovering data in the event
of a disaster or business disruption and are not subject to the requirements of the Retention
Schedule. Backups serve as a level of protection for electronic systems and the data that is
stored on those systems to ensure an exact duplicate or copy is available and unalterable for use
in the event of a business disruption.All
12. Information Protection and Disaster Recovery
12.1 Disaster Recovery Backups. Disaster recovery backup media are exact copies of an operating
system, associated applications, and data created for the sole purpose of protecting and
recovering data in the event of a disaster or business disruption and are. They are not subject to
the requirements of the Retention ScheduleRecords Retention Schedule. Backups serve as a
level of protection for electronic systems and the data that is stored on those systems to ensure
an exact duplicate or copy is available and unalterable for use in the event of a business
disruption.
10.13. Preservation of Historical and Vital Records Preservation
10.113.1 Preservation.: Preservation encompasses the activities which undertaken to prolong the
usable life of archival Records. Preservation These activities are designed to minimize the
physical and chemicalor digital deterioration of Records and to prevent the loss of informational
content. 3
10.2 RProtection of Vital and Historical Reecords.: Records and information designated as “vital”
or “historical” are to be protected in a manner that establishes the priority of recovery of the
data in a timely manner following a disaster or system disruption. Such Records must be
safeguarded in accordance with established City procedures and standards for business
continuity and disaster recovery. Such Vital Records are those records Records or
informationessential to the City’s ability that are needed to recover from a disaster, or resume
business operations, or protect legal and financial interests, and should be protected in
accordance with City procedures and standards.
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POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 10 of 14
10.313.2
10.413.3 Mandatory Preservation of Paper Versions of Permanent Records. Under no
circumstances are recordRecords specified in Government Code section 34090 authorized to
be destroyed, even when digitized, including the minutes, ordinances, or resolutions of the City
Council or a City board or commission, due to their historical value.
11.14. Policy Administration and ProceduresAdministrative Policies and Procedures
11.1 Administrative Policies. Notwithstanding this policy Policy or any other City Council-adopted
policies or procedures, the City Clerk, in consultation with the City Attorney and City Manager,
shall have the authority to develop and amend administrative policies and procedures, as
necessary, to implement the terms of this policyPolicy.
11.2 This policy with guidelines and procedures is on file in the office of the City Clerk, known as
the Records and Information Management Manual..
11.314.1
IV. DEFINITIONS
Records
Records are either defined specifically in applicable statutes, Municipal Code, City business practices, or,
in the absence of specific practices, a record is a document or information generated as the final output of
a business process or business decision.
Convenience Information and Incidental Documents
Not all information or data is a record. Some information is collected or created in order to complete a
task or to enable the creation of a Record, but the City is not obligated by law to retain it. This type of
information is classified as a non-record or Convenience Information or Incidental Documents. Incidental
Documents and Convenience Information have no retention requirements. Examples of Incidental
Documents and Convenience Information are included in Exhibit A.
Electronic Communication
Electronic Communication is a document created or received via an electronic message system, including
any attachments that may be transmitted with the message, along with its descriptive transmission
metadata.
Electronic Message System
Electronic Message System is one or more computer networks, hardware, and software applications
used to create, receive, and transmit messages and other documents electronically. Records
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POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 11 of 14
Records are either defined specifically in applicable statutes, Municipal Code, City business practices, or,
in the absence of specific practices, a record is a document or information generated as the final output of
a business process or business decision.
Instant Messaging (IM)
Instant Messaging (IM) is an electronic system that allows users to determine whether a certain party or parties
are connected to the messaging system and allows them to exchange text messages with those parties in real-
time.
Thread
A Thread is an electronic mail conversation of at least one response on a similar subject; the conversation can
be broken or continuous in nature.
Social Media
Social Media is websites and similar applications that enable users to create and share content or to participate
in social networking.
V.VI. REFERENCES
Records Retention Schedule
HISTORY
1 City of San Jose v. Superior Court (2017): “When a city employee uses a personal account to communicate
about the conduct of City business, the writings may be subject to disclosure under the California Public Records
Act.” Records on personal accounts and devices may include, but are not limited to, communications via: text
message, personal email accounts, and social media accounts. The City does not seek correspondence that is
personal in nature but only Records that relate to City business.
DATE ACTION RESOLUTION NO.
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CITY COUNCIL POLICIES
POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 12 of 14
2 City’s Electronic Communications Policy No. 909
3 Government Code § 34090
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CITY COUNCIL POLICIES
POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 13 of 14
EXHIBIT A
CONVENIENCE INFORMATION AND INCIDENTAL DOCUMENT EXAMPLES
The examples contained in this Exhibit are illustrative and not exhaustive. The City Clerk, in consultation with
the City Attorney, is authorized to expand or clarify these examples and to issue updated guidance for staff
training purposes. Such updates may be made administratively and do not require further action by the City
Council, provided the underlying Policy itself is not modified.
Catalogs, Conference Handouts, and Trade Journals
Catalogs, trade journals, bulletins, magazines, manuscripts, brochures, conference/seminar handouts,
manuals, external newsletters, and supplier fliers that are external publications.
Duplicate/Extra Copies
Exact copies of Records and information; duplicates of a document, such as printed publication.
Personal Working Files
When there is a final document (the “Record”) in place, the drafts of that document and any rough notes
are considered Convenience Information.
Reference Materials
Materials used as review or reference by an employee, but which are not documents of the City’s business
activities.
Templates
Unused or blank templates that have not been filled out or completed.
Transitory Correspondence
Casual correspondence (including e-mail) used for administrative purposes or internal communications
(such as notification of a change in a meeting room or scheduling a working lunch).
Collaborative Messaging Platform Messages and Notes
Collaborative Messaging is casual notes and conversations made within any Collaborative Messaging
Platform used by the City in the conduct of business.
RETENTION RULE!
Page 120 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
CITY COUNCIL POLICIES
POLICY NAME: Records and Information Management
(RIM) Program
POLICY NUMBER: 112-01
Effective Date: August 02, 1994 Last Revised Date: October 04, 2022
Status: Active Page: 14 of 14
Convenience Information can be shredded destroyed or deleted when after it is no longer needed, --
provided it is not subject to an active legal hold. When in doubt, ask the City Clerk before shredding.
EXHIBIT B
EXAMPLES OF ALLOWABLE AND NON-ALLOWABLE MESSAGES ON COLLABORATIVE
MESSAGING PLATFORMS
The examples contained in this Exhibit are illustrative and not exhaustive. The City Clerk, in consultation with
the City Attorney, is authorized to expand or clarify these examples and to issue updated guidance for staff
training purposes. Such updates may be made administratively and do not require further action by the City
Council, provided the underlying Policy itself is not modified.
Examples of Allowable Messaging on Collaborative Messaging Platforms
Meeting Reminders: “Reminder: Team meeting at 2 PM in Conference Room A.”
General Scheduling: “I’m running 5 minutes late for our check-in.”
Quick Coordination: “Can you review the draft I emailed before 3 PM?”
Technical Issues: “Having trouble accessing the shared drive—anyone else?”
Non-Substantive Clarifications: “Which template should we use for the report?”
Office Logistics: “Lunch orders are here in the break room.”
Team Updates: “FYI: IT will be updating our software this evening.”
Examples of Non-Permitted Messaging on Collaborative Messaging Platforms
Official Decisions or Approvals: “I approve the final version of the policy update.”
Substantive Discussions: “Let’s discuss how to revise the ordinance before the next meeting.”
Contract Negotiations: “The vendor agreed to lower the price—let’s move forward.”
Policy Interpretations: “Based on our rules, this application should be denied.”
Legal or Confidential Matters: “HR is investigating an issue with an employee.”
Formal Requests or Directives: “Please submit your final budget recommendations by Friday.”
Record-Keeping Information: “Here’s the final list of approved permits for the quarter.”
Formatted: Font: (Default) Times New Roman
Formatted: Font: (Default) Times New Roman
Page 121 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
CITY COUNCIL POLICIES
POLICY NAME: Purchasing Environmentally Preferable
Products
POLICY NUMBER: 2000-03
Effective Date: October 21, 2008 Last Revised Date: March 03, 2026
Status: Active Page: 1 of 3
I. PURPOSE
The purpose of this policy is to require departments to actively seek out environmentally preferable products for use
in day-to-day operations when quality, performance, price, and functionality are comparable to their non-
environmentally preferable counterparts or when meeting state requirements.
II. POLICY
The City of Chula Vista shall promote the use of environmentally preferable products and Extended Producer
Responsibility through proactive buying practices.
Departments shall comply with recycled paper procurement targets by requiring all paper products to be purchased
with a minimum of 30% post-consumer recycled paper as defined by Public Contract Code Article 4 section 12209.
Departments shall purchase and use environmentally preferable products whenever possible.
Departments shall purchase recycled products instead of non- recycled products whenever recycled products are
available at the same or lesser total cost than non- recycled products and the fitness and quality are equal.
Departments shall purchase products from venders that agree to collect and recycle their products when they reach the
end of their useful life, through producer operated or producer funded collection and recycling programs, whenever
practicable and at no additional cost to the City.
Departments may, with the approval of the Purchasing Agent, require procurement of environmentally preferable
products.
Departments shall require outside contractors and consultants to use environmentally preferable products in the
performance of their service, whenever practicable or required.
Departments shall comply with state requirements as contained in the Senate Bill 1383 (SB 1383) procurement
regulations to procure a specified amount of recovered organic waste products to support organic waste disposal
targets and markets for products made from recycled and recovered organic waste materials.
III. SCOPE
This policy applies to all departments.
Page 122 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
CITY COUNCIL POLICIES
POLICY NAME: Purchasing Environmentally Preferable
Products
POLICY NUMBER: 2000-03
Effective Date: October 21, 2008 Last Revised Date: March 03, 2026
Status: Active Page: 2 of 3
IV. DEFINITIONS
“Environmentally Preferable Products” means those products that are more energy efficient, less toxic, less polluting,
and which generate less waste overall.
“Environmentally Preferable Purchasing” means the procurement or acquisition of goods and services that have a
lesser or reduced effect on human health and the environment when compared with competing goods or services that
serve the same purpose. The comparison takes into consideration, to the extent feasible, raw material acquisition,
production, manufacturing, packaging, distribution, reuse, operation, maintenance, disposal, energy efficiency,
product performance, durability, safety, the needs of the purchaser, and cost.
“Extended Producer Responsibility” means the extension of the responsibility of producers, and all entities involved
in the product chain, to reduce the impact of a product and its packaging.
“SB 1383 Procurement Regulations” means the state regulations for procurement of recovered organic waste products
and recycled paper targets as well as recordkeeping requirements outlined by 14 CCR § 18993.1-18993.4.
“Total Cost of Ownership” means a summary of all purchase, operating, and related costs for a product or service,
including the acquisition, transportation, receiving, inspection, training, maintenance, operating, energy use, and
disposal costs.
V. PROCEDURE
Each Department shall take the lead in including environmentally preferable product and service
specifications in bid documents and Citywide contracts, as appropriate.
Total cost of ownership shall be considered when purchasing environmentally preferable products. With some
exceptions, environmentally preferable products shall be required when procuring recovered organic waste products
and paper, if fitness and quality are equal to that of non-recycled items and are available at the same or lesser cost.
A department wishing to require the use of a product that may not qualify under SB 1383 procurement regulations
shall deliver to the Purchasing Agent a written memorandum describing the compelling reasons for the use of non-
environmentally preferable products. The Purchasing Agent shall review the memorandum and decide if the
environmentally preferable product will be required. The decision of the Purchasing Agent shall be final.
Page 123 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
CITY COUNCIL POLICIES
POLICY NAME: Purchasing Environmentally Preferable
Products
POLICY NUMBER: 2000-03
Effective Date: October 21, 2008 Last Revised Date: March 03, 2026
Status: Active Page: 3 of 3
VI. RESPONSIBLE PARTY
Each department is responsible for purchasing environmentally preferred products that comply with state
regulations and monitoring the product performance.
VII. REPORTS
Departments shall provide the City Manager with reports regarding purchase of environmentally preferable products
in such form and at such times as the City Manager may direct.
HISTORY
DATE ACTION RESOLUTION NO.
Page 124 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
CITY COUNCIL POLICIES
POLICY NAME: Purchasing Environmentally Preferable
Products
POLICY NUMBER: 2000-03
Effective Date: October 21, 2008 Last Revised Date: N/AMarch 03, 2026
Status: Active Page: 1 of 3
I. PURPOSE
The purpose of this policy is to encourage or require departments to actively seek out environmentally preferable
products for use in day-to-day operations when quality, performance, price, and functionality are comparable to their
non- environmentally preferable counterparts or when meeting state requirements..
II. POLICY
The City of Chula Vista shall promote the use of environmentally preferable products and Extended Producer
Responsibility through proactive buying practices.
Departments shall comply with state requirements as contained in the Senate Bill 1383 (SB 1383) procurement regulations to
procure a specified amount of recovered organic waste products to support organic waste disposal reduction targets and
markets for products made from recycled and recovered organic waste materials.
Departments shall comply with recycled paper procurement targets by requiring all paper products to be purchased
with a minimum of 30% post-consumer recycled paper as defined by Public Contract Code Article 4 section 12209.
Departments shall purchase and use environmentally preferable products whenever practicable. Specifically, all
departments shall purchase products manufactured with post- consumer recycled material.possible.
Departments shall purchase recycled products instead of non- recycled products whenever recycled products are
available at the same or lesser total cost than non- recycled products and the fitness and quality are equal.
Departments shall purchase products from venders that agree to collect and recycle their products when they reach the
end of their useful life, through producer operated or producer funded collection and recycling programs, whenever
practicable and at no additional cost to the City.
Departments may, with the approval of the Purchasing Agent, require procurement of environmentally preferable
products.
Departments shall require outside contractors and consultants to use environmentally preferable products in the
performance of their service, whenever practicable or required.
Departments shall comply with state requirements as contained in the Senate Bill 1383 (SB 1383) procurement
regulations to procure a specified amount of recovered organic waste products to support organic waste disposal
reductiondisposal targets and markets for products made from recycled and recovered organic waste materials.
Page 125 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
CITY COUNCIL POLICIES
POLICY NAME: Purchasing Environmentally Preferable
Products
POLICY NUMBER: 2000-03
Effective Date: October 21, 2008 Last Revised Date: N/AMarch 03, 2026
Status: Active Page: 2 of 3
III. SCOPE
This policy applies to all departments under the direction of the City Manager.
IV. DEFINITIONS
“Environmentally Preferable Products” means those products that are more energy efficient, less toxic, less polluting,
and which generate less waste overall.
“Environmentally Preferable Purchasing” means the procurement or acquisition of goods and services that have a
lesser or reduced effect on human health and the environment when compared with competing goods or services that
serve the same purpose. The comparison takes into consideration, to the extent feasible, raw material acquisition,
production, manufacturing, packaging, distribution, reuse, operation, maintenance, disposal, energy efficiency,
product performance, durability, safety, the needs of the purchaser, and cost.
“Extended Producer Responsibility” means the extension of the responsibility of producers, and all entities involved
in the product chain, to reduce the impact of a product and its packaging.
“SB 1383 Procurement Regulations” means the state regulations for procurement of recovered organic waste products
and recycled paper targets as well as recordkeeping requirements outlined by 14 CCR § 18993.1-18993.4.
“Total Cost of Ownership” means a summary of all purchase, operating, and related costs for a product or service,
including the acquisition, transportation, receiving, inspection, training, maintenance, operating, energy use, and
disposal costs.
V. PROCEDURE
The PurchasingEach Department shall take the lead in including environmentally preferable product and
service specifications in bid documents and Citywide contracts, as appropriate.
Total cost of ownership shall be considered when purchasing environmentally preferable products. With some
exceptions, environmentally preferable products shall only be purchased when cost-effective.be required when
procuring recovered organic waste products and paper, if fitness and quality are equal to that of non-recycled items
and are available at the same or lesser cost.
Page 126 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
CITY COUNCIL POLICIES
POLICY NAME: Purchasing Environmentally Preferable
Products
POLICY NUMBER: 2000-03
Effective Date: October 21, 2008 Last Revised Date: N/AMarch 03, 2026
Status: Active Page: 3 of 3
A department wishing to require the use of an environmentally preferable product that may not be otherwise cost-
effectivequalify under SB 1383 procurement regulations shall deliver to the Purchasing Agent a written memorandum
describing the compelling reasons for the use of non-environmentally preferable products. The Purchasing Agent shall
review the memorandum and decide if the environmentally preferable product will be required. The decision of the
Purchasing Agent shall be final.
VI. RESPONSIBLE PARTY
Each department is responsible for purchasing environmentally preferred products , if practicable that
comply with state regulations, and monitoring the product performance.
VII. REPORTS
Departments shall provide the City Manager with reports regarding purchase of environmentally preferable products
in such form and at such times as the City Manager may direct.
HISTORY
DATE ACTION RESOLUTION NO.
Page 127 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Written Communications – PC Giannone – Received 02/24/2026
From: Michelle Giannone
Sent: Tuesday, February 24, 2026 3:54 PM
To: Cathy Miller <cmiller@chulavistapd.org>
Subject:
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
Sent from my iPhone I'm Giovanni, and I'm honored to speak on behalf of Chief Roxana
Kennedy of the Chula Vista Police Department. I had the pleasure of meeting Chief
Kennedy when I visited the department to discuss my fundraising efforts for Make-A-
Wish San Diego. She was incredibly supportive and helped spread the word
throughout Chula Vista and San Diego to raise money for kids with cancer, like myself.
The Chula Vista Police Department has been a constant source of support throughout
my journey with brain cancer. I've had the privilege of attending various events,
receiving coins from different departments, and even being an honorary guest at one
of Chief Kennedy's events at the Olympic training center. These experiences have left
a lasting impression on me and have shown me the kindness and dedication of the
officers under Chief Kennedy's leadership. I've also had the opportunity to donate
bicycles and toys to the CVPD, which Chief Kennedy delivers to children in need in the
Chula Vista community. Chief Roxana Kennedy has a heart of gold, and it's clear that
everyone under her leadership shares her compassion. These officers like
Sergeant Jessica servants go above and beyond.
Giovanni Giannone
I'm blind from my right eye so I feel it's best to email this to you to read if possible.
Thank you
Page 128 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Joseph A Raso
C HUL A VISTA , CA 91910
Telephone
Honorable Mayor and City Council March 3, 2026
Procedural Change For Placing Items On Council Agenda
As your constituent, this is the second time I am coming before you
with a request that speaks directly to fairness, representation, and the
trust residents place in their elected officials. Too many of your
constituents hold the opinion that our City Council simply is unable or
unwilling to solve the problems facing our community.
Why is that? At present, the requirement that a majority of
Council Members must first agree before an item can even appear on the
agenda creates a barrier between residents and their government. Too
often, Chula Vista residents who seek solutions to pressing local
problems find themselves shut out, not because their concerns lack
merit, but because their representative cannot bring the matter forward
without majority approval in advance. True representation means that
every Council Member has a meaningful voice in raising the issues their
constituents bring to them.
The present rule unintentionally stifles open dialogue, prevents
diverse perspectives from being considered, and risks silencing minority
viewpoints. Additionally this procedure allows Council Members a
convenient way to avoid discussing difficult topics.
I respectfully urge the Council to amend its procedural rules so
that any individual Council Member may place an item on a future
agenda for discussion, provided that motion receives a second.
Written Communications - PC
Raso - Received 3/2/2026
Page 129 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Adopting this change would:
Enhance fairness and transparency by ensuring all voices, both
within the Council and across the community, can be heard.
Encourage healthy debate and accountability, allowing ideas to be
tested in the open rather than filtered behind closed doors.
Strengthen democratic principles by guaranteeing that every
elected representative can fulfill their duty to represent the people
who elected them.
Major California cities, including San Diego and Los Angeles,
already provide this opportunity to their Council Members. Chula Vista
should not lag behind. We should lead in ensuring that our residents
receive fair representation and that no community voice is unnecessarily
muted.
I respectfully ask that you docket this procedural rule change for
consideration at a future meeting, and that you vote to adopt it. By
doing so, you will affirm that in Chula Vista, every resident’s concerns
deserve a path to open discussion.
Thank you for your time, your service, and your commitment to
the people of our city.”
Respectfully,
Joseph A. Raso
Written Communications - PC
Raso - Received 3/2/2026
Page 130 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Written Communications – PC
Anthony – Received 03/02/2026
From: danarello ReceivedReceived
Sent: Saturday, February 28, 2026 7:30 AM
To: CityClerk <CityClerk@chulavistaca.gov>
Subject: Comment for City Council meeting 3/3/26
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
To : city clerk
From: Dan and Martha Anthony
I would like to submit a petition to ask the council for shade structures for specific bus
stops that currently have no shade. Specifically there is a bus stop on Eastlake Parkway
north of Otay Lakes Road. This is my first time submitting a comment so please help me
with this. Thank you .
Page 131 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Inzunza did you have another,
psychological unstable and / or Lunatic. Episode?
I question why those who get paid to represent Chula Vista
Continue ignoring Your Behavior attitude and Abuse of Political Title
It seems to me that you Inzunza
no matter what you do there is not Consequences.
I believe that
When they do not Solve the Problem, they become part of the
Problem.
Are they part of your team? or are they your Puppets?
Who is ypur puppeteer?
Written Communications - PC
Acosta - Received 03/02/2026
Page 132 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
It seems to me that
Michel Inzunza Public behavior has escalated to verbal
OLDER ABUSE with threading gestures to an Elderly
person.
Yes, On June 25th 2025
I was also verbally attacked in front of the Democratic
Club during their meeting
However, no one seems to care.
I question Why there are no consequences on
Michel Inzunza unprofessional Behavior
Written Communications - PC
Acosta - Received 03/02/2026
Page 133 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
! Inzunza your behavior is unprofessional.
Why did you go outside to Confront and quarrel with an elderly?
While appearing aggressive
It seems to me that you are a BULLY!
Inzunza
Your hand gestures
could be interpreted as
intimidation to an
Elderly person
INZUNZA
SHAME ON YOU
Written Communications - PC
Acosta - Received 03/02/2026
Page 134 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
•A question for the council:
• If you are a member of the Inzunza
Team, does that mean Inzunza can
verbally abuse you and use profanity
towards council members
•If they do not act or respond as
expected or ordered by him?
•Are you Inzunza Poppet?
•Is Inzunza, Someone else Poppet.
•All for a political Title
•Question what about self-respect
• A Cordial and friendly
remainder
•City Attorney
•You are Chula Vista City
Attorney
•Not Michela Inzunza’s
•There should be
consequences.
I question why council members tolerated permits and allowed
Michea Inzunza Public Misconduct and abuse of political title when
addressing the public,
Written Communications - PC
Acosta - Received 03/02/2026
Page 135 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Claiming to be from a military
family when is a form of
deception.
can constitute fraud under the
2013 Stolen Valor Act
Such false claims, often used to
gain sympathy
•“Cannot allow Micheal Inzunza to profit by falsely
claiming the distinctions our heroes have earned,
•Definition of :A military
family involves at least one
member currently on active
duty, in the reserves, or a
veteran with an honorable
discharge,
often defining immediate
family as spouses, children, or
dependents.
Page 136 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
The Peace Corps is not a military branch and
has never functioned as one;
it is intended solely for civilian service and
will remain so.
•Inzunza Do not call yourself a
member of a military Family
•You have and will be
•lying again
Page 137 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
•However,
•Micheal Inzunza, I believe that
•you SHOULD INFORM THOSE
WHO do not know THAT YOU are
closer to the
•Slumlord and Stripper Gate
•Family Page 138 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Micheal Inzunza as per document below
Alonzo Gozalez is connected to the Cardenas
•I’m asking
•YOU MICHEAL INZUNZA
•is Alonzo Gonzalez
•your
•Puppeteer?
Page 139 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Sham SD Nonprofit Supports Controversial
Development
CARDENAS CONNECTIONS
The 401 B Street address used by the
coalition is the office of Grassroots
Resources, a political consulting firm
owned by Jesús Cárdenas, a longtime
Democratic operative who pleaded guilty last
year to two felony charges
Author:La Prensa
Created:22 Sep, 2025
INVESTIGATIVE
REPORT
By Arturo Castañares
Editor-at-Large
Gonzalez, a local
real estate broker
who previously
worked as a
consultant for
Grassroots
Resources, signed
and submitted the
form, affirming that
the information is
“true and correct.”Page 140 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Page 141 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
I Believe that due to the close relationship between Micheal
Inzunza and Alonzo Gozalez
Who is real estate individual Micheal Inzunza should not be present
or participate in any conversation or information regarding future
development projects in Chula Vista.
I believe, there is a
Potential conflict of interest and violation of the RICO ACT
or FTC Section 5(a) violation to address.
If You all ignore what to me are unethical participation
It would give me the impression that you all
perhaps are collaborators of such violations
Page 142 of 260
City of Chula Vista - City Council
March 3, 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 143 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
To learn more about
Marco Polo
That Micheal Inzunza was calling
BUT DID NOT PAY HIS PHONE BILL
open the link below
Be Informed
about Micheal Inzunza
https://www.justice.gov/usao-sdca/pr/san-diego-lobbyist-
makes-initial-appearance-role-campaign-finance-crimes
Page 144 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
San Diego, CA –Marco Polo Cortes, a
San Diego-based lobbyist, made an initial appearance in federal district court today on
charges that he conspired to finance political campaigns using money from an illegal
foreign source.
•San Diego Lobbyist Makes Initial Appearance For
Role In Campaign Finance Crimes
•Cortes was arrested by FBI Agents on Tuesday,
January 21, 2014 in the Little Italy section of San
Diego, pursuant to an arrest warrant
•. According to the complaint, filed by an FBI Special
Agent and unsealed by U.S. Magistrate Judge
William V. Gallo, Cortes conspired with
Ravneet Singh and Ernesto Encinitas
•each of whom were named in a similar complaint
unsealed yesterday—to funnel more than $500,000
•of illegal foreign money into San Diego municipal
and federal campaigns, primarily in 2012 and 2013.
The source of the illegal foreign money, the
complaint stated, was a person referred to as “the
Foreign National.”
•Acting United States Attorney
Cindy M. Cipriani praised the
continuing efforts of 3 the FBI
and IRS, noting “we will not
tolerate fraud in our elections at
any level, and we will root out
the influence of foreign money
in our electoral processes and
on our elected leaders
Page 145 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
•After Micheal Inzunza
•racist incident against A little Black Kid at
Mater Dei Catholic High School in Chula
Vista
•That resulted for Inzunza to be
suspended, placed on leave and NEVER
REHIRE
•Should not be Welcome or allowed to
attend or participate in any Community
Event
•Below is a Link to the Legal Document
•
•https://1drv.ms/b/c/8dcf48c141ff15
9a/IQBNmNjLN_IuRqHlwUfZ6hcAAR
WPSObp-zRnYYW2vDuIIo0
Page 146 of 260
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March 3, 2026 Post City Council Agenda
Page 147 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Page 148 of 260
City of Chula Vista - City Council
March 3, 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”
Page 149 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Written Communications – PC
Lorena H. – Received 3/3/2026
From: Lorena H
Sent: Tuesday, March 3, 2026 6:34 AM
To: CityClerk <CityClerk@chulavistaca.gov>
Subject: Public Comment - Opposition to the VMT (Vehicle Miles Traveled)
Dear City Clerk and Chula Vista City Council Members,
My name is Lorena. I am a senior resident of Chula Vista, a student at Southwestern
College, and a single mother/caregiver of my child with special needs. I strongly oppose the
Vehicle Miles Traveled (VMT) tax for the following reasons:
1. Respecting Different Needs (70,000 Residents)
According to the U.S. Census Bureau, Chula Vista is home to over 40,000 seniors and
28,000 people with disabilities. While some of us drive, many others rely entirely on
medical shuttles because they cannot drive. This tax hurts both groups by penalizing
drivers and threatening to collapse a specialized transit system that is already at capacity.
2. Penalizing the "Circle of Support" (Family, Neighbors, and Friends)
Many seniors and residents with disabilities who do not have their own cars rely on the
"blessing" of having family members, neighbors, or friends who drive them to appointments
and grocery stores. With gas prices already at record highs in California, adding a mileage
tax will make it impossible for these kind-hearted people to continue helping us. This tax is
essentially punishing the kindness and solidarity of our community.
3. Inefficiency of Public Alternatives
The current transit safety net is overstretched. I have personally been stranded because
shuttles were unavailable. Pushing more drivers onto public services will only create longer,
dangerous wait times for those who have no other choice. It is more cost-effective for the
city to allow us to maintain our personal mobility.
4. Safety and Independence
Waiting for a bus or having to walk to a bus stop in extreme heat, rain, or after dark is a
health risk for our vulnerable population. We deserve the right to live safely and
independently in our own homes without being penalized for every essential mile we travel.
I urge the Council to follow Mayor John McCann’s lead and vote AGAINST any mileage tax.
Sincerely,
Lorena H.
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v . 0 0 5 P a g e | 1
March 3, 2026
ITEM TITLE
Technology Impact Report: Presentation of Axon’s Software Solution Known as Prepared
Report Number: 25-0302
Location: No specific geographic location
Department: Police
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 State Guidelines; therefore, pursuant to State Guidelines Section
15060(c)(3) no environmental review is required.
Recommended Action
Adopt resolution approving a Second Amendment to the Master Services and Purchasing Agreement with
Axon Enterprise, Inc. to add Prepared emergency response platform and approving use policy for
Communications Center technology.
SUMMARY
The Police Department is interested in adding “Prepared,” an emergency response platform offered by Axon,
to enhance operational efficiency in the Communications Center. This platform can be added at no cost, as it
is included in the AI Era Leaders Program that the Police Department has been using since October 2025.
ENVIRONMENTAL REVIEW
The proposed action 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 CEQ A
Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Police Department staff presented an action item about the Prepared by Axon emergency response platform
to the Privacy Protection and Technology Advisory Commission during a special meeting held on February
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12th, 2026. During that meeting, the Commission unanimously approved the recommendation of Prepared
by Axon for use in the Chula Vista Police Department’s Communication Center.
DISCUSSION
The Police Department seeks to amend a current purchasing agreement with Axon by adding a software
solution designed to enhance the efficiency of emergency call takers within the Communications Center. This
technology aims to equip personnel with advanced tools to improve accuracy, deliver critical lifesaving
information to responding units, and elevate the overall level of service provided to the community.
While this type of technology represents a relatively new application within the law enforcement field, its
underlying concept is well-established. The Department’s ongoing mission has been to identify innovative
solutions to address staffing shortages and mitigate the workload placed upon existing personnel. Prepared
by Axon is an AI-assisted software platform that aligns with these goals by offering capabilities that directly
support operational efficiency and service improvement.
Overview of the Communications Center
The Chula Vista Police Department’s Communications Center serves as the City’s Public Safety Answering
Point (“PSAP”), operating 24/7 to receive and manage all 9-1-1 and non-emergency calls. When a call is
received, trained public safety dispatchers quickly gather critical information, determine the urgency of the
situation, and coordinate the appropriate police, fire, or medical response. Using advanced technolo gy,
dispatchers create and track incidents, assign field units, and maintain real-time communication to ensure
public safety resources are deployed efficiently and effectively.
The Communications Center relies on several integrated systems to manage this process. The call-handling
system captures incoming call data and caller location, while the Computer Aided Dispatch software (“CAD”)
provides real-time mapping, unit tracking, and incident management. Dispatchers maintain continuous
contact with field personnel via secure radio communications to coordinate responses and relay critical
updates.
To protect community privacy, all systems operate under strict access controls, data retention rules, and
auditing processes. Sensitive information is safeguarded according to state law, and cybersecurity measures
are in place to ensure the confidentiality and integrity of communications. Together, trained professionals
and modern technology allow the Communications Center to deliver fast, accurate, and secure emergency
response services to the residents of Chula Vista.
Overview of Prepared by Axon
The City of Chula Vista recognizes the value of technology and innovation in enhancing staff’s ability to
provide public services. Implementing Axon’s Prepared suite of solutions would further enhance technology
solutions that are already in place. These solutions empower public safety personnel to work smarter and
faster, seamlessly connecting 911, dispatch, Real Time Crime Center (“RTCC”), and Drone as First Responder
(“DFR”) programs through AI-enhanced insight and automation.
Prepared enhances the City’s ability to detect, assess, and respond to incidents faster, delivering live call data,
real-time analytics, and automated oversight that help Chula Vista provide superior public safety services to
our community.
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To follow is a brief overview of the suite of solutions offered through Prepared.
Assistive Call-Taking (ACT): Real-Time Accuracy and Transparency
ACT transcribes, translates, and summarizes 911 calls in real time, automatically pushing call audio,
transcripts, and location data into Fusus and DFR platforms. This gives the RTCC and DFR operators
immediate visibility into developing situations before a CAD entry is even made.
Operational Benefits:
• Faster DFR activation: Real-time summaries help operators deploy drones immediately when a
verified emergency occurs.
• Improved situational awareness: 911 call data auto-plots on Fusus, displaying caller location,
incident type, and context.
• Reduced latency: Officers and drone operators gain actionable insight without waiting for dispatcher
relays.
• Enhanced accountability: Transcriptions and summaries support accurate reporting and QA
documentation.
• Translation: For non-English speaking callers.
Impact for Chula Vista: ACT connects the City’s 911 center and its DFR program—enabling rapid decision-
making, improved officer safety, and more efficient resource deployment.
Automated Non-Emergency Triage (“ANET”): Reducing Non-Critical Call Volume
ANET uses conversational AI to handle and route non-emergency 10-digit calls. It identifies caller intent,
answers routine inquiries, and forwards only true emergencies to live call-takers.
Key Capabilities:
• Conversational AI that dynamically interacts with callers—no phone trees.
• Immediate escalation of emergencies to live operators.
• Routing of administrative and quality-of-life calls to the appropriate department.
• Collection of actionable data for call trend analysis.
Benefits for Chula Vista:
• Efficiency: Reduces PSAP workload by 50–60%, freeing dispatchers to focus on emergencies.
• Citizen satisfaction: Provides a frustration-free alternative to long-hold times.
• Analytics: Provides insight into non-emergency call trends, supporting resource planning.
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• Integration: ANET outputs flow into AQA and ACT for tracking the lifecycle of a call and quality
review.
This capability directly aligns with Chula Vista’s innovation and technology goals—automating low-priority
workflows and improving overall service delivery.
Automated Quality Assurance (“AQA”): Insight and Accountability
Prepared’s AQA module reviews 100% of 911 and 10-digit calls automatically, ensuring consistency,
compliance, and transparency across the communications center.
Core Benefits:
• Efficiency: Cuts manual QA time from 20 minutes per call to seconds.
• Accuracy: Provides consistent, objective scoring across all calls.
• Transparency: Produces analytics dashboards viewable by supervisors and administrators.
• Continuous improvement: Identifies performance trends, coaching opportunities, and excellence.
Integration with Fusus, RTCC, and DFR:
• Prepared’s real-time data pipeline integrates seamlessly with Fusus, powering Chula Vista’s RTCC
and DFR workflows.
Integration Advantages:
• Unified incident feed: All 911 calls auto-plot on Fusus maps.
• Real-time transcription: Call audio and summaries appear instantly in RTCC dashboards.
• Evidence retention: Audio, transcripts, and summaries integrate into investigative timelines.
Conclusion
By adopting Prepared ACT, ANET, and AQA, the City of Chula Vis ta can advance its real-time policing and
public safety innovation. These tools streamline communications, reduce response times, and enhance
accountability, helping the City continue to deliver exceptional technology-driven, community-focused law
enforcement.
Privacy and Security
Prepared by Axon 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 Prepared continues to have their specific retention schedule as detailed
in the City’s master retention schedule. Furthermore, Prepared 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
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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
Prepared by Axon 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 Prepared by Axon 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 cloud services (including Prepared) are designed to be compliant with the CJIS Security Policy
version 6.0
Axon represents 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 Axon
CJIS Security Policy version 5.9.1 (for Criminal Justice Information). Axon Trust Center | Powered by
SafeBase (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 (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
(https://trust.axon.com/?itemUid=b2671060-5c66-4d9c-b70f-af4ab3dbd45a&source=click)
FIPS 140-2 validated cryptographic modules for encryption key management.
Policy Compliance
Under the City’s Privacy Protection and Technology Transparency Policy (Policy 112-04; effective November
1, 2022), Prepared by Axon technology qualifies as Sensitive Technology. The required Use Policy is
presented for City Council consideration and approval with this action (Attachment 4). 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 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
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P a g e | 6
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 this resolution will approve a Second Amendment to the Master Services and Purchasing
Agreement with Axon Enterprise, Inc. to add the Prepared emergency response platform. This platform is
included in the AI Era Leaders Program that the Police Department is currently using and there is no
additional cost to the City. Consequently, there is no fiscal impact as a result of this action.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this action. The Axon Master Services and Purchasing
Agreement ends on January 31, 2029. 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. First Amendment to the Master Services and Purchasing Agreement
3. Second Amendment to the Master Services and Purchasing Agreement
4. Assistive Call Taking Use Policy
Staff Contact: Acting Chief Dan Peak, Police Department
Lieutenant Dustin Bruzee, Police Department
Page 156 of 260
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECOND AMENDMENT
TO THE MASTER SERVICES AND PURCHASING
AGREEMENT WITH AXON ENTERPRISE, INC. TO ADD
PREPARED EMERGENCY RESPONSE PLATFORM AND
APPPROVING USE POLICY FOR COMMUNICATIONS
CENTER TECHNOLOGY
WHEREAS, Prepared by Axon (“Prepared”) is an emergency response platform powered
by artificial intelligence that transforms 911 calls into actionable intelligence, improving response
times and situational awareness for public safety agencies; and
WHEREAS, Prepared streamlines the communication process during emergencies by
synthesizing various forms of data, including call audio, text, video, and GPS information; and
WHEREAS, the Police Department is interested in adding Prepared to its existing Master
and Purchasing Agreement, which will enhance operational efficiency in the Communications
Center; and
WHEREAS, Prepared is included in the AI Era Leaders Program and thereby presents no
additional cost to the City to use this platform; and
WHEREAS, the Master Services and Purchasing Agreement with Axon Enterprise, Inc.
ends on January 31, 2029; and
WHERAS, in accordance with Chula Vista Municipal Code section 2.56.070(B)(4) after
consulting with the Department Director, the Purchasing Agent has determined this award to be
the result of a single source and not subject to the competitive bidding process; and
WHEREAS, under the City’s Privacy Protection and Technology Transparency Policy
(Policy 112-04; effective November 1, 2022), Prepared qualifies as Sensitive Technology; and
WHEREAS, Chula Vista Police Department Policy 803 titled Assistive Call Taking has
been created for the use of this Communications Center technology.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Second Amendment to the Master Services and Purchasing Agreement with
Axon Enterprise, Inc. to add Prepared Emergency Response Platform to the AI Era Leaders
Program, in the form presented, with such minor modifications as may be required or approved by
the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk , and
authorizes and directs the Mayor to execute same.
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Resolution No.
Page 2
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
approves Chula Vista Police Department Policy 803 for Assitive Call Taking.
Presented by Approved as to Form by
Dan Peak Marco A. Verdugo
Acting Chief of Police City Attorney
Page 158 of 260
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March 3, 2026 Post City Council Agenda
Page 1 Q-447373-45231.997CM
Q-447373-45231.997CM
Issued: 11/01/2023
Quote Expiration: 12/31/2023
Estimated Contract Start Date: 11/01/2023
Account Number: 106513
Payment Terms: N30
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Chula Vista Police Dept.-315 Fourth Ave
315 4TH AVE
CHULA VISTA,
CA
91910-3801
USA
Chula Vista Police Dept. - CA
315 4TH AVE
CHULA VISTA
CA
91910-3801
USA
Email:
Chris Morton
Phone: +1 2063106165
Email: cmorton@axon.com
Fax:
John English
Phone: (619) 476-2452
Email: jenglish@chulavistapd.org
Fax:
Quote Summary Discount Summary
Program Length 63 Months Average Savings Per Year $99,142.57
TOTAL COST $1,967,887.10
ESTIMATED TOTAL W/ TAX $1,998,944.49 TOTAL SAVINGS $520,498.50
Payment Summary
Date Subtotal Tax Total
Jan 2024 $393,577.42 $6,211.48 $399,788.90
Jan 2025 $393,577.42 $6,211.48 $399,788.90
Jan 2026 $393,577.42 $6,211.48 $399,788.90
Jan 2027 $393,577.42 $6,211.48 $399,788.90
Jan 2028 $393,577.42 $6,211.47 $399,788.89
Total $1,967,887.10 $31,057.39 $1,998,944.49
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: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
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Page 2 Q-447373-45231.997CM
Quote Unbundled Price:$2,488,385.60
Quote List Price:$2,649,972.20
Quote Subtotal:$1,967,887.10
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
BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 37 60 $40.33 $34.66 $27.51 $61,072.20 $3,786.64 $64,858.84
BWCamTAP Body Worn Camera TAP Bundle 290 60 $22.49 $32.50 $27.62 $480,588.00 $27,270.75 $507,858.75
A la Carte Hardware
100775 AB4 MAGNETIC DISCONNECT CABLE 290 $39.00 $0.00 $0.00 $0.00 $0.00
H00001 AB4 Camera Bundle 290 $849.00 $0.00 $0.00 $0.00 $0.00
H00002 AB4 Multi Bay Dock Bundle 37 $1,638.90 $0.00 $0.00 $0.00 $0.00
A la Carte Software
73746 PROFESSIONAL EVIDENCE.COM LICENSE 227 3 $39.00 $0.00 $0.00 $0.00 $0.00
73686 EVIDENCE.COM UNLIMITED AXON DEVICE
STORAGE 204 3 $24.00 $0.00 $0.00 $0.00 $0.00
73682 AUTO TAGGING LICENSE 290 60 $9.00 $7.65 $133,110.00 $0.00 $133,110.00
73680 RESPOND DEVICE PLUS LICENSE 290 60 $20.61 $17.52 $304,821.90 $0.00 $304,821.90
73686 EVIDENCE.COM UNLIMITED AXON DEVICE
STORAGE 290 60 $24.00 $20.40 $354,960.00 $0.00 $354,960.00
ProLicense Pro License Bundle 290 60 $39.00 $35.91 $624,877.50 $0.00 $624,877.50
A la Carte Services
99901 ACCELERATE CONFERENCE REGISTRATION 30 $599.00 $0.00 $0.00 $0.00 $0.00
85144 AXON STARTER 1 $9,950.00 $8,457.50 $8,457.50 $0.00 $8,457.50
A la Carte Warranties
80498 EXT WARRANTY, BODY 3 EIGHT BAY DOCK 26 3 $20.85 $0.00 $0.00 $0.00 $0.00
80496 EXT WARRANTY, BODY 3 CAMERA 204 3 $11.70 $0.00 $0.00 $0.00 $0.00
Total $1,967,887.10 $31,057.39 $1,998,944.49
DocuSign Envelope ID: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
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Page 3 Q-447373-45231.997CM
Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
AB4 Camera Bundle 100147 AXON BODY 4 - NA - US FIRST RESPONDER - BLK - RAPIDLOCK 9 01/01/2024
AB4 Camera Bundle 100147 AXON BODY 4 - NA - US FIRST RESPONDER - BLK - RAPIDLOCK 290 01/01/2024
AB4 Camera Bundle 100466 USB-C to USB-C CABLE FOR AB4 319 01/01/2024
AB4 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 319 01/01/2024
AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 37 01/01/2024
AB4 Multi Bay Dock Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 37 01/01/2024
AB4 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 37 01/01/2024
A la Carte 100775 AB4 MAGNETIC DISCONNECT CABLE 290 01/01/2024
Body Worn Camera Multi-Bay Dock TAP Bundle 73689 MULTI-BAY BWC DOCK 1ST REFRESH 37 07/01/2026
Body Worn Camera TAP Bundle 73309 AXON CAMERA REFRESH ONE 299 07/01/2026
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date
A la Carte 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 204 11/01/2023 01/31/2024
A la Carte 73746 PROFESSIONAL EVIDENCE.COM LICENSE 227 11/01/2023 01/31/2024
Pro License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 870 02/01/2024 01/31/2029
Pro License Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE 290 02/01/2024 01/31/2029
A la Carte 73680 RESPOND DEVICE PLUS LICENSE 290 02/01/2024 01/31/2029
A la Carte 73682 AUTO TAGGING LICENSE 290 02/01/2024 01/31/2029
A la Carte 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 290 02/01/2024 01/31/2029
Services
Bundle Item Description QTY
A la Carte 85144 AXON STARTER 1
A la Carte 99901 ACCELERATE CONFERENCE REGISTRATION 30
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date
A la Carte 80496 EXT WARRANTY, BODY 3 CAMERA 204 11/01/2023 01/31/2024
A la Carte 80498 EXT WARRANTY, BODY 3 EIGHT BAY DOCK 26 11/01/2023 01/31/2024
Body Worn Camera Multi-Bay Dock TAP Bundle 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP)37 01/01/2025 01/31/2029
Body Worn Camera TAP Bundle 80464 EXT WARRANTY, CAMERA (TAP)290 01/01/2025 01/31/2029
Body Worn Camera TAP Bundle 80464 EXT WARRANTY, CAMERA (TAP)9 01/01/2025 01/31/2029
DocuSign Envelope ID: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
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Page 4 Q-447373-45231.997CM
Payment Details
Jan 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 100775 AB4 MAGNETIC DISCONNECT CABLE 290 $0.00 $0.00 $0.00
Year 1 73680 RESPOND DEVICE PLUS LICENSE 290 $60,964.38 $0.00 $60,964.38
Year 1 73682 AUTO TAGGING LICENSE 290 $26,622.00 $0.00 $26,622.00
Year 1 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 204 $0.00 $0.00 $0.00
Year 1 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 290 $70,992.00 $0.00 $70,992.00
Year 1 73746 PROFESSIONAL EVIDENCE.COM LICENSE 227 $0.00 $0.00 $0.00
Year 1 80496 EXT WARRANTY, BODY 3 CAMERA 204 $0.00 $0.00 $0.00
Year 1 80498 EXT WARRANTY, BODY 3 EIGHT BAY DOCK 26 $0.00 $0.00 $0.00
Year 1 85144 AXON STARTER 1 $1,691.50 $0.00 $1,691.50
Year 1 99901 ACCELERATE CONFERENCE REGISTRATION 30 $0.00 $0.00 $0.00
Year 1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 37 $12,214.45 $757.33 $12,971.78
Year 1 BWCamTAP Body Worn Camera TAP Bundle 290 $96,117.60 $5,454.15 $101,571.75
Year 1 H00001 AB4 Camera Bundle 290 $0.00 $0.00 $0.00
Year 1 H00002 AB4 Multi Bay Dock Bundle 37 $0.00 $0.00 $0.00
Year 1 ProLicense Pro License Bundle 290 $124,975.49 $0.00 $124,975.49
Total $393,577.42 $6,211.48 $399,788.90
Jan 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 100775 AB4 MAGNETIC DISCONNECT CABLE 290 $0.00 $0.00 $0.00
Year 2 73680 RESPOND DEVICE PLUS LICENSE 290 $60,964.38 $0.00 $60,964.38
Year 2 73682 AUTO TAGGING LICENSE 290 $26,622.00 $0.00 $26,622.00
Year 2 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 204 $0.00 $0.00 $0.00
Year 2 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 290 $70,992.00 $0.00 $70,992.00
Year 2 73746 PROFESSIONAL EVIDENCE.COM LICENSE 227 $0.00 $0.00 $0.00
Year 2 80496 EXT WARRANTY, BODY 3 CAMERA 204 $0.00 $0.00 $0.00
Year 2 80498 EXT WARRANTY, BODY 3 EIGHT BAY DOCK 26 $0.00 $0.00 $0.00
Year 2 85144 AXON STARTER 1 $1,691.50 $0.00 $1,691.50
Year 2 99901 ACCELERATE CONFERENCE REGISTRATION 30 $0.00 $0.00 $0.00
Year 2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 37 $12,214.45 $757.33 $12,971.78
Year 2 BWCamTAP Body Worn Camera TAP Bundle 290 $96,117.60 $5,454.15 $101,571.75
Year 2 H00001 AB4 Camera Bundle 290 $0.00 $0.00 $0.00
Year 2 H00002 AB4 Multi Bay Dock Bundle 37 $0.00 $0.00 $0.00
Year 2 ProLicense Pro License Bundle 290 $124,975.49 $0.00 $124,975.49
Total $393,577.42 $6,211.48 $399,788.90
Jan 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 100775 AB4 MAGNETIC DISCONNECT CABLE 290 $0.00 $0.00 $0.00
Year 3 73680 RESPOND DEVICE PLUS LICENSE 290 $60,964.38 $0.00 $60,964.38
Year 3 73682 AUTO TAGGING LICENSE 290 $26,622.00 $0.00 $26,622.00
Year 3 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 204 $0.00 $0.00 $0.00
DocuSign Envelope ID: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
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Page 5 Q-447373-45231.997CM
Jan 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 290 $70,992.00 $0.00 $70,992.00
Year 3 73746 PROFESSIONAL EVIDENCE.COM LICENSE 227 $0.00 $0.00 $0.00
Year 3 80496 EXT WARRANTY, BODY 3 CAMERA 204 $0.00 $0.00 $0.00
Year 3 80498 EXT WARRANTY, BODY 3 EIGHT BAY DOCK 26 $0.00 $0.00 $0.00
Year 3 85144 AXON STARTER 1 $1,691.50 $0.00 $1,691.50
Year 3 99901 ACCELERATE CONFERENCE REGISTRATION 30 $0.00 $0.00 $0.00
Year 3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 37 $12,214.45 $757.33 $12,971.78
Year 3 BWCamTAP Body Worn Camera TAP Bundle 290 $96,117.60 $5,454.15 $101,571.75
Year 3 H00001 AB4 Camera Bundle 290 $0.00 $0.00 $0.00
Year 3 H00002 AB4 Multi Bay Dock Bundle 37 $0.00 $0.00 $0.00
Year 3 ProLicense Pro License Bundle 290 $124,975.49 $0.00 $124,975.49
Total $393,577.42 $6,211.48 $399,788.90
Jan 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 100775 AB4 MAGNETIC DISCONNECT CABLE 290 $0.00 $0.00 $0.00
Year 4 73680 RESPOND DEVICE PLUS LICENSE 290 $60,964.38 $0.00 $60,964.38
Year 4 73682 AUTO TAGGING LICENSE 290 $26,622.00 $0.00 $26,622.00
Year 4 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 204 $0.00 $0.00 $0.00
Year 4 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 290 $70,992.00 $0.00 $70,992.00
Year 4 73746 PROFESSIONAL EVIDENCE.COM LICENSE 227 $0.00 $0.00 $0.00
Year 4 80496 EXT WARRANTY, BODY 3 CAMERA 204 $0.00 $0.00 $0.00
Year 4 80498 EXT WARRANTY, BODY 3 EIGHT BAY DOCK 26 $0.00 $0.00 $0.00
Year 4 85144 AXON STARTER 1 $1,691.50 $0.00 $1,691.50
Year 4 99901 ACCELERATE CONFERENCE REGISTRATION 30 $0.00 $0.00 $0.00
Year 4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 37 $12,214.45 $757.33 $12,971.78
Year 4 BWCamTAP Body Worn Camera TAP Bundle 290 $96,117.60 $5,454.15 $101,571.75
Year 4 H00001 AB4 Camera Bundle 290 $0.00 $0.00 $0.00
Year 4 H00002 AB4 Multi Bay Dock Bundle 37 $0.00 $0.00 $0.00
Year 4 ProLicense Pro License Bundle 290 $124,975.49 $0.00 $124,975.49
Total $393,577.42 $6,211.48 $399,788.90
Jan 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 100775 AB4 MAGNETIC DISCONNECT CABLE 290 $0.00 $0.00 $0.00
Year 5 73680 RESPOND DEVICE PLUS LICENSE 290 $60,964.38 $0.00 $60,964.38
Year 5 73682 AUTO TAGGING LICENSE 290 $26,622.00 $0.00 $26,622.00
Year 5 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 204 $0.00 $0.00 $0.00
Year 5 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 290 $70,992.00 $0.00 $70,992.00
Year 5 73746 PROFESSIONAL EVIDENCE.COM LICENSE 227 $0.00 $0.00 $0.00
Year 5 80496 EXT WARRANTY, BODY 3 CAMERA 204 $0.00 $0.00 $0.00
Year 5 80498 EXT WARRANTY, BODY 3 EIGHT BAY DOCK 26 $0.00 $0.00 $0.00
Year 5 85144 AXON STARTER 1 $1,691.50 $0.00 $1,691.50
Year 5 99901 ACCELERATE CONFERENCE REGISTRATION 30 $0.00 $0.00 $0.00
Year 5 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 37 $12,214.45 $757.32 $12,971.77
DocuSign Envelope ID: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
Page 163 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Page 6 Q-447373-45231.997CM
Jan 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 BWCamTAP Body Worn Camera TAP Bundle 290 $96,117.60 $5,454.15 $101,571.75
Year 5 H00001 AB4 Camera Bundle 290 $0.00 $0.00 $0.00
Year 5 H00002 AB4 Multi Bay Dock Bundle 37 $0.00 $0.00 $0.00
Year 5 ProLicense Pro License Bundle 290 $124,975.49 $0.00 $124,975.49
Total $393,577.42 $6,211.47 $399,788.89
DocuSign Envelope ID: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
Page 164 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Page 7 Q-447373-45231.997CM
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 www.axon.com/legal/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: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
Page 165 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
age 8 Q-447373-45231.997CM
s1\\d1\
John McCann, Mayor Date Signed
11/1/2023
ATTEST: Approved as to form
By:___________________________________
Kerry K. Bigelow, MMC, City Clerk Jill D.S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
DocuSign Envelope ID: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
For
12/7/2023
Page 166 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Page 1 Q-502144-45212.913CM
Q-502144-45212.913CM
Issued: 10/13/2023
Quote Expiration: 12/31/2023
Estimated Contract Start Date: 02/01/2024
Account Number: 106513
Payment Terms: N30
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Chula Vista Police Dept.-315 Fourth Ave
315 4TH AVE
CHULA VISTA,
CA
91910-3801
USA
Chula Vista Police Dept. - CA
315 4TH AVE
CHULA VISTA
CA
91910-3801
USA
Email:
Chris Morton
Phone: +1 2063106165
Email: cmorton@axon.com
Fax:
John English
Phone: (619) 476-2452
Email: jenglish@chulavistapd.org
Fax:
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $16,954.00
TOTAL COST $858,148.70
ESTIMATED TOTAL W/ TAX $920,083.15 TOTAL SAVINGS $84,770.00
Payment Summary
Date Subtotal Tax Total
Jan 2024 $171,629.74 $12,386.88 $184,016.62
Jan 2025 $171,629.74 $12,386.88 $184,016.62
Jan 2026 $171,629.74 $12,386.88 $184,016.62
Jan 2027 $171,629.74 $12,386.88 $184,016.62
Jan 2028 $171,629.74 $12,386.93 $184,016.67
Total $858,148.70 $61,934.45 $920,083.15
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: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
Page 167 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Page 2 Q-502144-45212.913CM
Quote Unbundled Price:$942,918.70
Quote List Price:$864,948.70
Quote Subtotal:$858,148.70
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
T10Cert TASER 10 Certification Bundle 150 60 $83.68 $75.83 $75.83 $682,470.00 $50,158.03 $732,628.03
C00001 T10 CERTIFICATION ADD-ON BUNDLE 100 60 $28.30 $27.08 $27.08 $162,480.00 $11,492.17 $173,972.17
A la Carte Hardware
T7Dock T7 Dock 2 $1,624.35 $1,624.35 $3,248.70 $284.25 $3,532.95
A la Carte Services
85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR
COURSE 1 $6,800.00 $0.00 $0.00 $0.00 $0.00
85147 CEW STARTER 1 $9,950.00 $9,950.00 $9,950.00 $0.00 $9,950.00
Total $858,148.70 $61,934.45 $920,083.15
DocuSign Envelope ID: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
Page 168 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Page 3 Q-502144-45212.913CM
Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
T10 CERTIFICATION ADD-ON BUNDLE 100399 TASER 10 LIVE CARTRIDGE 1000 01/01/2024
T10 CERTIFICATION ADD-ON BUNDLE 100400 TASER 10 HALT CARTRIDGE 600 01/01/2024
T7 Dock 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 2 01/01/2024
T7 Dock 74200 TASER 6-BAY DOCK AND CORE 2 01/01/2024
TASER 10 Certification Bundle 100390 TASER 10 HANDLE, YLW, CLASS 3R 150 01/01/2024
TASER 10 Certification Bundle 100390 TASER 10 HANDLE, YLW, CLASS 3R 5 01/01/2024
TASER 10 Certification Bundle 100393 TASER 10 LIVE DUTY MAGAZINE BLACK 150 01/01/2024
TASER 10 Certification Bundle 100393 TASER 10 LIVE DUTY MAGAZINE BLACK 5 01/01/2024
TASER 10 Certification Bundle 100394 TASER 10 HALT TRN MAGAZINE BLUE (HOOK-AND-LOOP-TRAINING)6 01/01/2024
TASER 10 Certification Bundle 100395 TASER 10 LIVE TRAINING MAGAZINE PURPLE 6 01/01/2024
TASER 10 Certification Bundle 100396 TASER 10 INERT MAGAZINE RED 6 01/01/2024
TASER 10 Certification Bundle 100399 TASER 10 LIVE CARTRIDGE 3000 01/01/2024
TASER 10 Certification Bundle 100400 TASER 10 HALT CARTRIDGE 900 01/01/2024
TASER 10 Certification Bundle 100401 TASER 10 INERT CARTRIDGE 60 01/01/2024
TASER 10 Certification Bundle 100611 TASER 10 SAFARILAND HOLSTER, RH 110 01/01/2024
TASER 10 Certification Bundle 100613 TASER 10 SAFARILAND HOLSTER, LH 40 01/01/2024
TASER 10 Certification Bundle 100623 ENHANCED HOOK-AND-LOOP TRAINING (HALT) SUIT (V2)3 01/01/2024
TASER 10 Certification Bundle 20018 TASER BATTERY PACK, TACTICAL 150 01/01/2024
TASER 10 Certification Bundle 20018 TASER BATTERY PACK, TACTICAL 26 01/01/2024
TASER 10 Certification Bundle 20018 TASER BATTERY PACK, TACTICAL 5 01/01/2024
TASER 10 Certification Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 2 01/01/2024
TASER 10 Certification Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 2 01/01/2024
TASER 10 Certification Bundle 74200 TASER 6-BAY DOCK AND CORE 2 01/01/2024
TASER 10 Certification Bundle 80087 TASER TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED)2 01/01/2024
TASER 10 Certification Bundle 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 2 01/01/2024
T10 CERTIFICATION ADD-ON BUNDLE 100399 TASER 10 LIVE CARTRIDGE 200 01/01/2025
T10 CERTIFICATION ADD-ON BUNDLE 100400 TASER 10 HALT CARTRIDGE 600 01/01/2025
TASER 10 Certification Bundle 100399 TASER 10 LIVE CARTRIDGE 300 01/01/2025
TASER 10 Certification Bundle 100400 TASER 10 HALT CARTRIDGE 900 01/01/2025
T10 CERTIFICATION ADD-ON BUNDLE 100399 TASER 10 LIVE CARTRIDGE 200 01/01/2026
T10 CERTIFICATION ADD-ON BUNDLE 100400 TASER 10 HALT CARTRIDGE 600 01/01/2026
TASER 10 Certification Bundle 100399 TASER 10 LIVE CARTRIDGE 300 01/01/2026
TASER 10 Certification Bundle 100400 TASER 10 HALT CARTRIDGE 900 01/01/2026
T10 CERTIFICATION ADD-ON BUNDLE 100399 TASER 10 LIVE CARTRIDGE 200 01/01/2027
T10 CERTIFICATION ADD-ON BUNDLE 100400 TASER 10 HALT CARTRIDGE 600 01/01/2027
TASER 10 Certification Bundle 100399 TASER 10 LIVE CARTRIDGE 300 01/01/2027
TASER 10 Certification Bundle 100400 TASER 10 HALT CARTRIDGE 900 01/01/2027
T10 CERTIFICATION ADD-ON BUNDLE 100399 TASER 10 LIVE CARTRIDGE 200 01/01/2028
T10 CERTIFICATION ADD-ON BUNDLE 100400 TASER 10 HALT CARTRIDGE 600 01/01/2028
TASER 10 Certification Bundle 100399 TASER 10 LIVE CARTRIDGE 300 01/01/2028
DocuSign Envelope ID: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
Page 169 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Page 4 Q-502144-45212.913CM
Hardware
Bundle Item Description QTY Estimated Delivery Date
TASER 10 Certification Bundle 100400 TASER 10 HALT CARTRIDGE 900 01/01/2028
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date
T10 CERTIFICATION ADD-ON BUNDLE 20248 TASER 7 EVIDENCE.COM LICENSE 100 02/01/2024 01/31/2029
TASER 10 Certification Bundle 20248 TASER 7 EVIDENCE.COM LICENSE 150 02/01/2024 01/31/2029
TASER 10 Certification Bundle 20248 TASER 7 EVIDENCE.COM LICENSE 2 02/01/2024 01/31/2029
Services
Bundle Item Description QTY
T10 CERTIFICATION ADD-ON BUNDLE 100751 TASER 10 DUTY CARTRIDGE REPLACEMENT ACCESS PROGRAM 100
TASER 10 Certification Bundle 100751 TASER 10 DUTY CARTRIDGE REPLACEMENT ACCESS PROGRAM 150
TASER 10 Certification Bundle 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1
TASER 10 Certification Bundle 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1
TASER 10 Certification Bundle 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1
TASER 10 Certification Bundle 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1
TASER 10 Certification Bundle 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1
TASER 10 Certification Bundle 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2
TASER 10 Certification Bundle 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2
TASER 10 Certification Bundle 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2
TASER 10 Certification Bundle 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2
TASER 10 Certification Bundle 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2
A la Carte 85147 CEW STARTER 1
A la Carte 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date
TASER 10 Certification Bundle 100704 EXT WARRANTY, TASER 10 HANDLE 150 01/01/2025 01/31/2029
TASER 10 Certification Bundle 100704 EXT WARRANTY, TASER 10 HANDLE 5 01/01/2025 01/31/2029
TASER 10 Certification Bundle 80374 EXT WARRANTY, TASER 7 BATTERY PACK 150 01/01/2025 01/31/2029
TASER 10 Certification Bundle 80374 EXT WARRANTY, TASER 7 BATTERY PACK 5 01/01/2025 01/31/2029
TASER 10 Certification Bundle 80374 EXT WARRANTY, TASER 7 BATTERY PACK 26 01/01/2025 01/31/2029
TASER 10 Certification Bundle 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 2 01/01/2025 01/31/2029
DocuSign Envelope ID: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
Page 170 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Page 5 Q-502144-45212.913CM
Payment Details
Jan 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 85147 CEW STARTER 1 $1,990.00 $0.00 $1,990.00
Year 1 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $0.00 $0.00 $0.00
Year 1 C00001 T10 CERTIFICATION ADD-ON BUNDLE 100 $32,496.00 $2,298.43 $34,794.43
Year 1 T10Cert TASER 10 Certification Bundle 150 $136,494.00 $10,031.60 $146,525.60
Year 1 T7Dock T7 Dock 2 $649.74 $56.85 $706.59
Total $171,629.74 $12,386.88 $184,016.62
Jan 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 85147 CEW STARTER 1 $1,990.00 $0.00 $1,990.00
Year 2 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $0.00 $0.00 $0.00
Year 2 C00001 T10 CERTIFICATION ADD-ON BUNDLE 100 $32,496.00 $2,298.43 $34,794.43
Year 2 T10Cert TASER 10 Certification Bundle 150 $136,494.00 $10,031.60 $146,525.60
Year 2 T7Dock T7 Dock 2 $649.74 $56.85 $706.59
Total $171,629.74 $12,386.88 $184,016.62
Jan 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 85147 CEW STARTER 1 $1,990.00 $0.00 $1,990.00
Year 3 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $0.00 $0.00 $0.00
Year 3 C00001 T10 CERTIFICATION ADD-ON BUNDLE 100 $32,496.00 $2,298.43 $34,794.43
Year 3 T10Cert TASER 10 Certification Bundle 150 $136,494.00 $10,031.60 $146,525.60
Year 3 T7Dock T7 Dock 2 $649.74 $56.85 $706.59
Total $171,629.74 $12,386.88 $184,016.62
Jan 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 85147 CEW STARTER 1 $1,990.00 $0.00 $1,990.00
Year 4 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $0.00 $0.00 $0.00
Year 4 C00001 T10 CERTIFICATION ADD-ON BUNDLE 100 $32,496.00 $2,298.43 $34,794.43
Year 4 T10Cert TASER 10 Certification Bundle 150 $136,494.00 $10,031.60 $146,525.60
Year 4 T7Dock T7 Dock 2 $649.74 $56.85 $706.59
Total $171,629.74 $12,386.88 $184,016.62
Jan 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 85147 CEW STARTER 1 $1,990.00 $0.00 $1,990.00
Year 5 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $0.00 $0.00 $0.00
Year 5 C00001 T10 CERTIFICATION ADD-ON BUNDLE 100 $32,496.00 $2,298.45 $34,794.45
Year 5 T10Cert TASER 10 Certification Bundle 150 $136,494.00 $10,031.63 $146,525.63
DocuSign Envelope ID: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
Page 171 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Page 6 Q-502144-45212.913CM
Jan 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 T7Dock T7 Dock 2 $649.74 $56.85 $706.59
Total $171,629.74 $12,386.93 $184,016.67
DocuSign Envelope ID: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
Page 172 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Page 7 Q-502144-45212.913CM
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 www.axon.com/legal/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: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
Page 173 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
age 8 Q-502144-45212.913CM
s1\\d1\
John McCann, Mayor Date Signed
10/13/2023
ATTEST: Approved as to form
By: ____________________________
Kerry K. Bigelow, MMC, City Clerk Jill D.S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
DocuSign Envelope ID: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
For
12/7/2023
Page 174 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Page 1 Q-501843-45215.740CM
Q-501843-45215.740CM
Issued: 10/16/2023
Quote Expiration: 12/31/2023
Estimated Contract Start Date: 05/01/2024
Account Number: 106513
Payment Terms: N30
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Chula Vista Police Dept.-315 Fourth Ave
315 4TH AVE
CHULA VISTA,
CA
91910-3801
USA
Chula Vista Police Dept. - CA
315 4TH AVE
CHULA VISTA
CA
91910-3801
USA
Email:
Chris Morton
Phone: +1 2063106165
Email: cmorton@axon.com
Fax:
John English
Phone: (619) 476-2452
Email: jenglish@chulavistapd.org
Fax:
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $87,958.52
TOTAL COST $1,148,416.70
ESTIMATED TOTAL W/ TAX $1,191,652.33 TOTAL SAVINGS $439,792.60
Payment Summary
Date Subtotal Tax Total
Apr 2024 $228,513.34 $8,598.20 $237,111.54
May 2024 $5,850.00 $244.65 $6,094.65
Apr 2025 $228,513.34 $8,598.20 $237,111.54
Apr 2026 $228,513.34 $8,598.20 $237,111.54
Apr 2027 $228,513.34 $8,598.20 $237,111.54
Apr 2028 $228,513.34 $8,598.18 $237,111.52
Total $1,148,416.70 $43,235.63 $1,191,652.33
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: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
Page 175 of 260
City of Chula Vista - City Council
March 3, 2026 Post City Council Agenda
Page 2 Q-501843-45215.740CM
Quote Unbundled Price:$1,588,209.30
Quote List Price:$1,322,332.50
Quote Subtotal:$1,148,416.70
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
Fleet3A Fleet 3 Advanced 77 60 $306.16 $254.57 $222.75 $1,029,105.00 $38,700.50 $1,067,805.50
Fleet3A Fleet 3 Advanced 8 60 $303.46 $254.57 $205.01 $98,404.80 $3,662.73 $102,067.53
InteriorCam+TAP FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH
TAP 3 60 $38.78 $32.50 $32.50 $5,850.00 $244.65 $6,094.65
Fleet3A Fleet 3 Advanced 1 60 $303.46 $254.57 $205.01 $12,300.60 $457.81 $12,758.41
A la Carte Hardware
100775 AB4 MAGNETIC DISCONNECT CABLE 10 $39.00 $0.00 $0.00 $0.00 $0.00
H00004 AB4 FLEX POV HARDWARE BUNDLE 10 $251.13 $275.63 $2,756.30 $169.94 $2,926.24
Total $1,148,416.70 $43,235.63 $1,191,652.33
DocuSign Envelope ID: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
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Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
AB4 FLEX POV HARDWARE BUNDLE 100200 AB4 FLEX POV MODULE 10 04/01/2024
AB4 FLEX POV HARDWARE BUNDLE 100852 AXON BODY 4 POV C-CLIP 10 04/01/2024
AB4 FLEX POV HARDWARE BUNDLE 100854 AXON BODY 4 POV TACTICAL SWAT KIT W/ARC RAIL 11 04/01/2024
AB4 FLEX POV HARDWARE BUNDLE 100958 AB4 FLEX POV MODULE CABLE 48 IN.10 04/01/2024
Fleet 3 Advanced 11634 CRADLEPOINT IBR900-1200M-B-NPS+5YR NETCLOUD 77 04/01/2024
Fleet 3 Advanced 11634 CRADLEPOINT IBR900-1200M-B-NPS+5YR NETCLOUD 1 04/01/2024
Fleet 3 Advanced 11634 CRADLEPOINT IBR900-1200M-B-NPS+5YR NETCLOUD 8 04/01/2024
Fleet 3 Advanced 70112 AXON SIGNAL UNIT 77 04/01/2024
Fleet 3 Advanced 70112 AXON SIGNAL UNIT 1 04/01/2024
Fleet 3 Advanced 70112 AXON SIGNAL UNIT 8 04/01/2024
Fleet 3 Advanced 71200 FLEET ANT, AIRGAIN, 5-IN-1, 2LTE, 2WIFI, 1GNSS, BL 77 04/01/2024
Fleet 3 Advanced 71200 FLEET ANT, AIRGAIN, 5-IN-1, 2LTE, 2WIFI, 1GNSS, BL 1 04/01/2024
Fleet 3 Advanced 71200 FLEET ANT, AIRGAIN, 5-IN-1, 2LTE, 2WIFI, 1GNSS, BL 8 04/01/2024
Fleet 3 Advanced 72034 FLEET SIM INSERTION, VZW 77 04/01/2024
Fleet 3 Advanced 72034 FLEET SIM INSERTION, VZW 1 04/01/2024
Fleet 3 Advanced 72034 FLEET SIM INSERTION, VZW 8 04/01/2024
Fleet 3 Advanced 72036 FLEET 3 STANDARD 2 CAMERA KIT 77 04/01/2024
Fleet 3 Advanced 72036 FLEET 3 STANDARD 2 CAMERA KIT 1 04/01/2024
Fleet 3 Advanced 72036 FLEET 3 STANDARD 2 CAMERA KIT 8 04/01/2024
Fleet 3 Advanced 72036 FLEET 3 STANDARD 2 CAMERA KIT 2 04/01/2024
FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 72002 FLEET 3 INTERIOR CAMERA, INTERIOR MOUNT 3 04/01/2024
FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 72032 FLEET ETHERNET CABLE, CAT6, 20 FT 3 04/01/2024
FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 72037 FLEET 3 INTERIOR CAMERA 3 04/01/2024
A la Carte 100775 AB4 MAGNETIC DISCONNECT CABLE 10 04/01/2024
Fleet 3 Advanced 72040 FLEET REFRESH, 2 CAMERA KIT 77 04/01/2029
Fleet 3 Advanced 72040 FLEET REFRESH, 2 CAMERA KIT 2 04/01/2029
Fleet 3 Advanced 72040 FLEET REFRESH, 2 CAMERA KIT 8 04/01/2029
Fleet 3 Advanced 72040 FLEET REFRESH, 2 CAMERA KIT 1 04/01/2029
FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 72042 FLEET INTERIOR CAMERA REFRESH 3 04/01/2029
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date
Fleet 3 Advanced 80400 FLEET, VEHICLE LICENSE 77 05/01/2024 04/30/2029
Fleet 3 Advanced 80400 FLEET, VEHICLE LICENSE 1 05/01/2024 04/30/2029
Fleet 3 Advanced 80400 FLEET, VEHICLE LICENSE 8 05/01/2024 04/30/2029
Fleet 3 Advanced 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 77 05/01/2024 04/30/2029
Fleet 3 Advanced 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 1 05/01/2024 04/30/2029
Fleet 3 Advanced 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 8 05/01/2024 04/30/2029
Fleet 3 Advanced 80402 RESPOND DEVICE LICENSE - FLEET 3 77 05/01/2024 04/30/2029
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Software
Bundle Item Description QTY Estimated Start Date Estimated End Date
Fleet 3 Advanced 80402 RESPOND DEVICE LICENSE - FLEET 3 1 05/01/2024 04/30/2029
Fleet 3 Advanced 80402 RESPOND DEVICE LICENSE - FLEET 3 8 05/01/2024 04/30/2029
Fleet 3 Advanced 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 154 05/01/2024 04/30/2029
Fleet 3 Advanced 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 16 05/01/2024 04/30/2029
Fleet 3 Advanced 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 2 05/01/2024 04/30/2029
FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 3 05/01/2024 04/30/2029
Services
Bundle Item Description QTY
Fleet 3 Advanced 73391 FLEET 3 DEPLOYMENT (PER VEHICLE)77
Fleet 3 Advanced 73391 FLEET 3 DEPLOYMENT (PER VEHICLE)8
Fleet 3 Advanced 73391 FLEET 3 DEPLOYMENT (PER VEHICLE)1
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date
AB4 FLEX POV HARDWARE BUNDLE 100945 EXT WARRANTY, AB4 FLEX POV MODULE 10 04/01/2025 04/30/2029
Fleet 3 Advanced 80379 EXT WARRANTY, AXON SIGNAL UNIT 77 04/01/2025 04/30/2029
Fleet 3 Advanced 80379 EXT WARRANTY, AXON SIGNAL UNIT 1 04/01/2025 04/30/2029
Fleet 3 Advanced 80379 EXT WARRANTY, AXON SIGNAL UNIT 8 04/01/2025 04/30/2029
Fleet 3 Advanced 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 77 04/01/2025 04/30/2029
Fleet 3 Advanced 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 2 04/01/2025 04/30/2029
Fleet 3 Advanced 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 8 04/01/2025 04/30/2029
Fleet 3 Advanced 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 1 04/01/2025 04/30/2029
FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 80385 EXT WARRANTY, FLEET 3, INTERIOR CAMERA 3 04/01/2025 04/30/2029
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Payment Details
Apr 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 - AB4 POV 100775 AB4 MAGNETIC DISCONNECT CABLE 10 $0.00 $0.00 $0.00
Year 1 - AB4 POV H00004 AB4 FLEX POV HARDWARE BUNDLE 10 $551.26 $33.99 $585.25
Year 1 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 77 $205,821.01 $7,740.10 $213,561.11
Year 1 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 1 $2,460.11 $91.56 $2,551.67
Year 1 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 8 $19,680.96 $732.55 $20,413.51
Total $228,513.34 $8,598.20 $237,111.54
May 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment InteriorCam+TAP FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 3 $5,850.00 $244.65 $6,094.65
Total $5,850.00 $244.65 $6,094.65
Apr 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 - AB4 POV 100775 AB4 MAGNETIC DISCONNECT CABLE 10 $0.00 $0.00 $0.00
Year 2 - AB4 POV H00004 AB4 FLEX POV HARDWARE BUNDLE 10 $551.26 $33.99 $585.25
Year 2 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 77 $205,821.01 $7,740.10 $213,561.11
Year 2 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 1 $2,460.11 $91.56 $2,551.67
Year 2 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 8 $19,680.96 $732.55 $20,413.51
Total $228,513.34 $8,598.20 $237,111.54
Apr 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 - AB4 POV 100775 AB4 MAGNETIC DISCONNECT CABLE 10 $0.00 $0.00 $0.00
Year 3 - AB4 POV H00004 AB4 FLEX POV HARDWARE BUNDLE 10 $551.26 $33.99 $585.25
Year 3 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 77 $205,821.01 $7,740.10 $213,561.11
Year 3 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 1 $2,460.11 $91.56 $2,551.67
Year 3 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 8 $19,680.96 $732.55 $20,413.51
Total $228,513.34 $8,598.20 $237,111.54
Apr 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 - AB4 POV 100775 AB4 MAGNETIC DISCONNECT CABLE 10 $0.00 $0.00 $0.00
Year 4 - AB4 POV H00004 AB4 FLEX POV HARDWARE BUNDLE 10 $551.26 $33.99 $585.25
Year 4 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 77 $205,821.01 $7,740.10 $213,561.11
Year 4 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 1 $2,460.11 $91.56 $2,551.67
Year 4 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 8 $19,680.96 $732.55 $20,413.51
Total $228,513.34 $8,598.20 $237,111.54
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Apr 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 - AB4 POV 100775 AB4 MAGNETIC DISCONNECT CABLE 10 $0.00 $0.00 $0.00
Year 5 - AB4 POV H00004 AB4 FLEX POV HARDWARE BUNDLE 10 $551.26 $33.98 $585.24
Year 5 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 77 $205,821.01 $7,740.10 $213,561.11
Year 5 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 8 $19,680.96 $732.53 $20,413.49
Year 5 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 1 $2,460.11 $91.57 $2,551.68
Total $228,513.34 $8,598.18 $237,111.52
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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 www.axon.com/legal/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.
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age 8 Q-501843-45215.740CM
d1\
John McCann, Mayor Date Signed
10/16/2023
ATTEST: Approved as to form
By:___________________________________
Kerry K. Bigelow, MMC, City Clerk Jill D.S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
DocuSign Envelope ID: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
For
12/7/2023
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1
FLEET STATEMENT OF WORK BETWEEN AXON ENTERPRISE AND AGENCY
This Statement of Work (“SOW”) has been made and entered into by and between Axon Enterprise, Inc. (“AXON”), and Chula Vista Police Dept. - CA the
AGENCY”) for the purchase of the Axon Fleet in-car video solution (“FLEET”) and its supporting information, services and training. (AXON Technical Project
Manager/The AXON installer)
AGENCY states, and AXON understands and agrees, that Agency’s purpose and intent for entering into this SOW is for the AGENCY to obtain from AXON
deliverables, which used solely in conjunction with AGENCY’s existing systems and equipment, which AGENCY specifically agrees to purchase or provide
pursuant to the terms of this SOW.
This SOW contains the entire agreement between the parties. There are no promises, agreements, conditions, inducements, warranties or understandings,
written or oral, expressed or implied, between the parties, other than as set forth or referenced in the SOW.
Upon completion of the services outlined in this SOW, AGENCY will be provided a professional services acceptance form (“Acceptance Form”). AGENCY will sign
the Acceptance Form acknowledging that services have been completed in substantial conformance with this SOW and the Agreement. If AGENCY reasonably
believes AXON did not complete the professional services in conformance with this SOW, AGENCY must notify AXON in writing of the specific reasons within
seven (7) calendar days from delivery of the Acceptance Form. AXON will remedy the issues to conform with this SOW and re-present the Acceptance Form for
signature. If AXON does not receive the signed Acceptance Form or written notification of the reasons for rejection within 7 calendar days of the delivery of the
Acceptance Form, AGENCY will be deemed to have accepted the services in accordance to this SOW.
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2
Neither party hereto shall be liable for delays or failure to perform with respect to this SOW due to causes beyond the party’s reasonable control and not avoidable
by diligence.
Schedule Change
Axon Fleet Deliverables
Security Clearance and Access
Training
Local Computer
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AGNECY is responsible for providing a mobile data computer (MDC) with the same software, hardware, and configuration that AGENCY personnel will use with
the AXON system being installed. AGENCY is responsible for making certain that any and all security settings (port openings, firewall settings, antivirus software,
virtual private network, routing, etc.) are made prior to the installation, configuration and testing of the aforementioned deliverables.
Network
Cradlepoint Router
Evidence.com
Wireless Upload System
VEHICLE INSTALLATION
Preparedness
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On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer less weapons and items of evidence.
Vehicle(s) will be deemed ‘out of service’ to the extent necessary to perform Work pursuant of this SOW.
Existing Mobile Video Camera System Removal
In-Car Hardware/Software Delivery and Installation
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Upon completion of installation and configuration, AXON will systematically test all installed and configured in-car hardware and software to ensure that ALL
functions of the hardware and software are fully operational and that any deficiencies are corrected unless otherwise agreed upon by the AGENCY, installation,
configuration, test and the correct of any deficiencies will be completed in each vehicle accepted for installation.
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The customary training session does not ‘certify’ a non-AXON Installer, customer-employed Installer or customer 3rd party Installer, since the AXON Fleet
products does not offer an Installer certification program. Any work performed by non-AXON Installer, customer-employed Installer or customer 3rd party Installer
is not warrantied by AXON, and AXON is not liable for any damage to the vehicle and its existing systems and AXON Fleet hardware.
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60297.00068\41841462.1
Master Services and Purchasing Agreement for Agency
Title:Master Services and Purchasing Agreement between Axon and Agency
Department:Legal
Version: 19.0
Release Date:8/18/2023 Page 1 of 21
This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc. ("Axon"), and the
agency listed below or, if no agency is listed below, the agency on the Quote attached hereto ("Agency"). This Agreement
is effective as of the later of the (a) last signature date on this Agreement or (b) signature date on the Quote ("Effective
Date"). Axon and Agency are each a "Party" and collectively "Parties". This Agreement governs Agency’s purchase and
use of the Axon Devices and Services detailed in the Quote Appendix ("Quote"). It is the intent of the Parties that this
Agreement will govern all subsequent purchases by Agency for the same Axon Devices and Services in the Quote, and
all such subsequent quotes accepted and signed by Agency 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 for Axon Evidence, Axon Records, Axon Dispatch, 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 Agency’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.
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").
2.2. Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional one
year ("Renewal Term"), unless a notice of non-renewal is provided in writing thirty (30) days prior to the
expiration of the Subscription Term.. For purchase of TASER 7 or TASER 10 as a standalone, Axon may
increase pricing to its then-current list pricing for any Renewal Term. For all other purchases, Axon may
increase pricing on all line items in the Quote by up to 3% at the beginning of each year of the Renewal Term.
New devices and services may require additional terms. Axon will not authorize services until Axon receives a
signed Quote or accepts a purchase order, whichever is first.
3.Payment. Axon invoices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is
due net 30 days from the invoice date. Payment obligations are non-cancelable, except as otherwise provided in this
Agreement. Agency will pay all undisputed invoices without setoff, deduction, or withholding.
4.Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides Axon a
valid tax exemption certificate.
5.Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are FOB
Destination via common carrier. Title and risk of loss pass to Agency upon Axon’s delivery to the Agency. Agency 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 are free from defects in workmanship and
materials for one (1) year from the date of Agency’s receipt, except Signal Sidearm and Axon -manufactured
accessories, which Axon warrants for thirty (30) months and ninety (90) days, respectively, from the date of
Agency’s receipt. Used conducted energy weapon ("CEW") cartridges are deemed to have operated properly.
Extended warranties run from the expiration of the one- (1-) year hardware warranty through the extended
warranty term.
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
ACN2023-305
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Master Services and Purchasing Agreement for Agency
Title:Master Services and Purchasing Agreement between Axon and Agency
Department:Legal
Version: 19.0
Release Date:8/18/2023 Page 2 of 21
manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon’s
warranty and are only subject to the warranties of the third-party provider or manufacturer. In the event
that Axon has provided Third Party Products to Agency, Axon will provide copies of the relevant warranties
provided by such third-party provider or manufacturer.
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 Agency exchanges an Axon Device or part, the replacement item becomes Agency’s property, and
the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device for
service, Agency 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 Agency 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 Agency 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 Agency in accordance with shipping terms under Section
5. Axon assumes no liability or obligation in the event Agency 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 ,
except where authorized by Axon; (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 Agency 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. Agency confirms and agrees that, in deciding whether to sign this Agreement, it
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. Neither party’s cumulative liability to any party for any loss or damage resulting from any claim,
demand, or action arising out of or relating to any Axon Device or Service will not exceed $1
million except for (i) the amounts payable pursuant to any valid insurance claim covered by a
party’s insurance; (ii) Axon’s indemnification obligations set forth in Section 14 of this
Agreement; (iii) claims arising out of a breach by Axon of its obligations under Section 13 and
17 of this Agreement; (iv) Axon’s breach of the Cloud Services Terms of Use Appendix; or (v) a
party’s fraud which shall not exceed $3 million. Neither Party will be liable for direct, 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.
The foregoing limitation of liability excludes: (i)_ claims arising out of a party’s willful
misconduct; and (ii) Axon’s intellectual property indemnification obligations as set forth in
Section 14 of this Agreement; (ii)
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 Software and Services. Use of software or services other than those provided by Axon is
governed by the terms, if any, entered into between Agency 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.
7.8. Axon Aid. Upon mutual agreement between Axon and Agency, Axon may provide certain products and
services to Agency, as a charitable donation under the Axon Aid program. In such event, Agency expressly
waives and releases any and all claims, now known or hereafter known, against Axon and its officers, directors,
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Master Services and Purchasing Agreement for Agency
Title:Master Services and Purchasing Agreement between Axon and Agency
Department:Legal
Version: 19.0
Release Date:8/18/2023 Page 3 of 21
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. Agency agrees not to
make or bring any such claim against any Releasee, and forever release and discharge all Releasees from
liability under such claims. Agency 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 Agency.
8. Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services,
and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables ("SOW"). In the event Axon
provides an SOW to Agency, Axon is only responsible for the performance of Services described in the SOW.
Additional services 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. The SOW is incorporated into this
Agreement by reference.
9. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.
10. Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency or making
the same change to Axon Devices and Services previously purchased by Agency.
11. Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Agency’s
purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of
availability or Agency’s election not to utilize any portion of an Axon bundle.
12. Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance and any
other insurance required in Exhibit A. Upon request, Axon will supply certificates of insurance.
13. 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. Agency will not violate any Axon proprietary
rights.
14. Indemnification. Axon will defend, hold harmless and indemnify Agency against all claims, losses, and reasonable
expenses from any third-party claim arising out of: (i) allegation that the use of Axon-manufactured Devices or
Services infringes or misappropriates the third-party’s intellectual property rights; (ii) Axon’s breach of this Agreement
or violation of applicable laws in the performance of this Agreement; or (iii) personal injury or property damage caused
by the negligent acts, errors or omissions, or willful misconduct Axon’s employees, agents or subcontractors in the
performance of this Agreement. Agency 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 reasonably cooperate 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-manufactured Devices or Services by Agency or a third-party not approved by Axon; (b) use of Axon-
manufactured Devices and Services in combination with hardware or services not approved by Axon; (c) use of Axon
Devices and Services other than as permitted in this Agreement; or (d) use of Axon software that is not the most
current release provided by Axon. In the event that an Axon Device or Service is determined to be infringing, then
Axon will (i) obtain a license for Agency to continue use of the Axon Device or Service; (ii) provide Agency with a
substantially similar device or service that is non-infringing; or (iii) refund to Agency the price paid for the infringing
Axon Device and any Service fee for the remainder of the Subscription Term or any Renewal Term.
15. Agency Responsibilities. Agency is responsible for (a) Agency’s use of Axon Devices; (b) breach of this Agreement
or violation of applicable law by Agency or an Agency end user; (c) disputes between Agency and a third-party over
Agency’s use of Axon Devices unless due to Axon’s negligent acts and omissions or unless as otherwise provided in
this Agreement; ; (d) ensuring Axon Devices are destroyed and disposed of securely and sustainably at Agency’s
cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices.
16. Termination.
16.1. 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 at the end of thirty (30) days. If Agency 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.
16.2. By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may
terminate this Agreement without further liability to Axon. Agency will deliver notice of termination under this
section as soon as reasonably practicable.
16.3. Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate.
Agency remains responsible for all fees incurred before the effective date of termination. If Agency purchases
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Title:Master Services and Purchasing Agreement between Axon and Agency
Department:Legal
Version: 19.0
Release Date:8/18/2023 Page 4 of 21
Axon Devices for less than the manufacturer’s suggested retail price ("MSRP") and this Agreement is
terminated by Axon before the end of the Term due to Agency’s breach of the Agreement, Axon will invoice
Agency the difference between the MSRP for Axon Devices received, including any Spare Axon Devices, and
amounts paid towards those Axon Devices. Only if terminating for non-appropriation, Agency 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 bundled Axon Devices, MSRP is the standalone price of all individual
components.
16.4. Return of Data. Upon expiration or termination of this Agreement for any reason, Axon will provide Agency
will access to the Axon Cloud Services for a period of ninety (90) days for the purpose of downloading all
Agency Content and Agency Content Metadata.
17. 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, including but not limited to Agency Content. Each Party will take shall not disclose, disseminate, or
use of the other Party’s Confidential Information without express written consent of the other Party. Unless
required by law, including but not limited to California Public Records Act, neither Party will disclose the other
Party’s Confidential Information during the Term and for five (5) years thereafter or perpetually with respect to
Agency Content and Agency Content Metadata. If Agency receives a public records request to disclose Axon
Confidential Information, to the extent allowed by law, Agency will provide notice to Axon before disclosure. Axon
may publicly announce information related to this Agreement upon written approval of Agency. Axon shall not sell
any Confidential Information to third parties, nor shall it use or disclose Confidential Information for any purposes
other than to perform its obligations under this Agreement.
Agency Content and Agency Content Metadata shall be treated as Confidential Information of Agency.
18. General.
18.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s
reasonable control.
18.2. 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, agency, fiduciary, or
employment relationship between the Parties.
18.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
18.4. 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.
18.5. Export Compliance. Each Party will comply with all import and export control laws and regulations.
18.6. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent, which
approval shall not be unreasonably withheld. .
18.7. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitute s a waiver
of that right.
18.8. 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.
18.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings,
Indemnification, IP Rights, and Agency Responsibilities.
18.10. Governing Law. The laws of the country, state, province, or municipality where Agency 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.
18.11. Pricing. Axon will honor the prices on the Quote for two (2) years from the Effective Date for additional
purchases of up to 10% of the quantities listed on the Quote.
18.12. Notices. All notices must be in writing and in English. Notices posted on Agency’s Axon Evidence site are
effective upon posting. Notices by email are effective on the sent date of the email provided such email notice
is confirmed by return email of the other party. Notice of default must also be given via overnight courier and
email. Notices by personal delivery are effective immediately. Notice by overnight courier are effective upon
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Master Services and Purchasing Agreement for Agency
Title:Master Services and Purchasing Agreement between Axon and Agency
Department:Legal
Version: 19.0
Release Date:8/18/2023 Page 5 of 21
receipt. Notices to Agency 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.
18.12 Entire Agreement. This Agreement, including the Appendices 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: AGENCY:
Axon Enterprise, Inc. City of Chula Vista
Signature: Signature:
Name: Robert E. Driscoll, Jr. Name: John McCann
Title: VP, Assoc. General Counsel Title: Mayor
Date: Date:
Approved as to Form
By: ________________________________
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
ATTEST:
Kerry K. Bigelow, MMC
City Clerk
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12/7/2023
For
12/7/2023
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Master Services and Purchasing Agreement for Agency
Title:Master Services and Purchasing Agreement between Axon and Agency
Department:Legal
Version: 19.0
Release Date:8/18/2023 Page 6 of 21
Axon Cloud Services Terms of Use Appendix
1. Definitions.
a. "Agency Content" is data uploaded into, ingested by, or created in Axon Cloud Services within
Agency’s tenant, including media or multimedia uploaded into Axon Cloud Services by Agency. Agency
Content includes Evidence and personally identifiable information, , but excludes Non-Content Data.
2. “Agency Content Metadata” is data that is collected by Axon Cloud Services in connection with the upload,
download, management and use of Agency Content and Evidence and includes time and data stamps of access to
Agency Content and Evidence by user.
a. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence
is a subset of Agency Content.
b. "Non-Content Data" is data, configuration, and usage information about Agency’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 Agency Content and does not include
Personal Data, but may include Agency Content Metadata
c. "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.
3. Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access and use Axon
Cloud Services to store and manage and download Agency Content and Agency Content Metadata. Agency may
not exceed more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone
operator. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store and manage TASER
CEW and TASER CAM data ("TASER Data"). Agency may not upload non-TASER Data to Axon Evidence Lite.
4. Agency Owns Agency Content; Right to Use Agency Content Metadata. Agency controls and owns all right, title,
and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency
Content is not Axon’s business records. Agency is solely responsible for uploading, sharing, managing, and deleting
Agency Content. Axon will only have access to Agency Content for the limited purposes set forth herein. Agency
agrees to allow Axon access to Agency Content to (a) perform troubleshooting, maintenance, or diagnostic
screenings; and (b) enforce this Agreement or policies governing use of the Axon products. Agency further has the
right to access, use and download Agency Content Metadata.
5. Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against
accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program
to protect Axon Cloud Services and Agency 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.
6. Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content; (b) ensuring no
Agency Content or Agency end user’s use of Agency Content or Axon Cloud Services violates this Agreement or
applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud
Services. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately
terminate that end user’s access to Axon Cloud Services.
a. Agency will also maintain the security of end usernames and passwords and security and access by end
users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon
Cloud Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or
sublicense access to any other entity or person. Agency shall contact Axon immediately if it is aware
that an unauthorized party may be using Agency’s account or Agency Content, or if account information
is lost or stolen.
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Department:Legal
Version: 19.0
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b. To the extent Agency 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.
7. Privacy. Agency’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. Agency agrees to allow Axon
access to Non-Content Data from Agency 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 thi s
Agreement or policies governing the use of Axon products.
Axon will not disclose Agency Content, Agency Content Metadata or information about Agency except as
compelled by a court or administrative body or required by law or regulation. If Axon receives a disclosure request
for Agency Content, Axon will give Agency notice, unless legally prohibited from doing so, to allow Agency to file
an objection with the court or administrative body.
8. Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location services where
GPS/GNSS signals may not be available, for instance, within buildings or underground. Agency administrators can
manage their choice to use this service within the administrative features of Axon Cloud Services. If Agency chooses
to use this service, Axon must also enable the usage of the feature for Agency’s Axon Cloud Services tenant. Agency
will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency’s Axon Cloud
Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, Non-Content and Personal Data will
be sent to Skyhook Holdings, Inc. ("Skyhook") to facilitate the Wi-Fi Positioning functionality. Data controlled by
Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services
Privacy Policy.
9. Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in Agency's Axon
Evidence account only if data originates from Axon Capture or the applicable Axon Device. Axon may charge Agency
additional fees for exceeding purchased storage amounts. Axon may place Agency Content that Agency has not
viewed or accessed for six (6) months into archival storage. Agency Content in archival storage will not have
immediate availability and may take up to twenty-four (24) hours to access.
For Third-Party Unlimited Storage the following restrictions apply: (i) it may only be used in conjunction with a
valid Axon’s Evidence.com user license; (ii) is limited to data of the law enforcement agency that purchased the
Third-Party Unlimited Storage and the Axon’s Evidence.com end user or Agency is prohibited from storing data
for other law enforcement agencies; and (iii) Agency may only upload and store data that is directly related to:
1) the investigation of, or the prosecution of a crime; (2) common law enforcement activities; or (3) any Age ncy
Content created by Axon Devices or Evidence.com.
10. Location of Storage. Axon may transfer Agency Content to third-party subcontractors for storage. Axon will
determine the locations of data centers for storage of Agency Content, provided they are in the United States. Any
storage of Agency Content outside of the United States shall be subject to Agency’s written consent . For United
States agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the United States .
Ownership of Agency Content remains with Agency. All Agency Content will be encrypted during transfer and at
rest. Any subcontractors that have access to Agency Content under this Agreement, shall have confidentiality
obligations substantially similar to the confidentiality obligations in this Agreement, and shall not access or use Agency
Content for any purpose other than to perform Axon’s obligations under this Agreement.
11. Suspension. Axon may temporarily suspend Agency’s or any end user’s right to access or use any portion or all of
Axon Cloud Services immediately upon notice, if Agency 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 and irreparably 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. Axon acknowledges that suspension could cause disruption to Agency’s law
enforcement activities and unless immediate action is necessary to protect the security of Axon Cloud Services, Axon
will make reasonable efforts to contact Agency to resolve an issue prior to suspension.
12. Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency Content because
of suspension, except as specified in this Agreement.
13. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before
Agency uploads data to Axon Cloud Services.
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Title:Master Services and Purchasing Agreement between Axon and Agency
Department:Legal
Version: 19.0
Release Date:8/18/2023 Page 8 of 21
14. Axon Records. Axon Records is the software-as-a-service product that is generally available at the time Agency
purchases an OSP 7 or OSP 10 bundle. During Agency’s Axon Records Subscription Term, if any, Agency will be
entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis.
a. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription
as documented in the Quote, or if purchased as part of an OSP 7 or OSP 10 bundle, upon completion
of the OSP 7 or OSP 10 Term ("Axon Records Subscription")
b. An "Update" is a generally available release of Axon Records that Axon makes available from time to
time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality,
as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features
or perform additional functions. Upgrades exclude new products that Axon introduces and markets as
distinct products or applications.
c. New or additional Axon products and applications, as well as any Axon professional services needed to
configure Axon Records, are not included. If Agency purchases Axon Records as part of a bundled
offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering,
or (2) date Axon provisions Axon Records to Agency.
Users of Axon Records at the Agency may upload files to entities (incidents, reports, cases, etc) in Axon
Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon
may limit usage should the Agency exceed an average rate of one-hundred (100) GB per user per year
of uploaded files. Axon will not bill for overages.
15. Axon Cloud Services Restrictions. Agency and Agency end users (including employees, contractors, agents,
officers, volunteers, and directors), may not, or may not attempt to:
a. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;
b. 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;
c. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or
exceeding usage limits or quotas;
d. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this
Agreement;
e. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or
graphics of Axon Cloud Services;
f. 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
g. 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.
16. After Termination. Axon will not delete Agency Content and Agency Content Metadata for ninety (90) days following
termination. There will be no functionality of Axon Cloud Services during these ninety (90) days other than the ability
to retrieve Agency Content and Agency Content Metadata. Agency will not incur additional fees if Agency downloads
Agency Content and Agency Content Metadata from Axon Cloud Services during this time. Axon has no obligation
to maintain or provide Agency Content after these ninety (90) days and will thereafter, unless legally prohibited, delete
all Agency Content and Agency Content Metadata. Upon request, Axon will provide written proof that Axon
successfully deleted and fully removed all Agency Content from Axon Cloud Services.
17. Post-Termination Assistance. Axon will provide Agency 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 Agency Content and Agency Content Metadata, 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.
18. U.S. Government Rights. If Agency 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
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Title:Master Services and Purchasing Agreement between Axon and Agency
Department:Legal
Version: 19.0
Release Date:8/18/2023 Page 9 of 21
Regulation and Defense Federal Acquisition Regulation Supplement. If Agency 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, Agency will immediately discontinue use of Axon Cloud Services.
19. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Agency Owns
Agency Content, Privacy, Storage, Axon Cloud Services Warranty, and Axon Cloud Services Restrictions.
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Title:Master Services and Purchasing Agreement between Axon and Agency
Department:Legal
Version: 19.0
Release Date:8/18/2023 Page 10 of 21
Professional Services Appendix
If any of the Professional Services specified below are included on the Quote, this Appendix applies.
1. Utilization of Services. Agency must use professional services as outlined in the Quote and this Appendix within six
6) months of the Effective Date.
2. Axon Full Service (Axon Full Service). Axon Full Service includes advance remote project planning and
configuration support and up to four (4) consecutive days of on-site service and a professional services manager to
work with Agency to assess Agency’s deployment and determine which on-site services are appropriate. If Agency
requires more than four (4) consecutive on-site days, Agency must purchase additional days. Axon Full Service
options include:
System set up and configuration
Instructor-led setup of Axon View on smartphones (if applicable)
Configure categories and custom roles based on Agency need
Register cameras to Agency domain
Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access
One on-site session included
Dock configuration
Work with Agency to decide the ideal location of Docks and set configurations on Dock
Authenticate Dock with Axon Evidence using admin credentials from Agency
On-site assistance, not to include physical mounting of docks
Best practice implementation planning session
Provide considerations for the establishment of video policy and system operations best practices based
on Axon’s observations with other agencies
Discuss the importance of entering metadata in the field for organization purposes and other best
practices for digital data management
Provide referrals of other agencies using the Axon camera devices and Axon Evidence
Recommend rollout plan based on review of shift schedules
System Admin and troubleshooting training sessions
Step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories &
retention, and other specific settings for Axon Evidence
Axon instructor training (Train the Trainer)
Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training
needs after Axon has fulfilled its contractual on-site obligations
Evidence sharing training
Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting
agencies
End user go-live training and support sessions
Assistance with device set up and configuration
Training on device use, Axon Evidence, and Evidence Sync
Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and
categories & roles guide
Post go-live review
3. Body-Worn Camera Starter Service (Axon Starter). Axon Starter includes advance remote project planning and
configuration support and one (1) day of on-site Services and a professional services manager to work closely with
Agency to assess Agency’s deployment and determine which Services are appropriate. If Agency requires more than
one (1) day of on-site Services, Agency must purchase additional on-site Services. The Axon Starter options include:
System set up and configuration (Remote Support)
Instructor-led setup of Axon View on smartphones (if applicable)
Configure categories & custom roles based on Agency need
Troubleshoot IT issues with Axon Evidence and Dock access
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Dock configuration
Work with Agency to decide the ideal location of Dock setup and set configurations on Dock
Authenticate Dock with Axon Evidence using "Administrator" credentials from Agency
Does not include physical mounting of docks
Axon instructor training (Train the Trainer)
Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training
needs after Axon’s has fulfilled its contracted on-site obligations
End user go-live training and support sessions
Assistance with device set up and configuration
Training on device use, Axon Evidence, and Evidence Sync
Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and
categories & roles guide
4. Body-Worn Camera Virtual 1-Day Service (Axon Virtual). Axon Virtual includes all items in the BWC Starter
Service Package, except one (1) day of on-site services.
5. CEW Services Packages. CEW Services Packages are detailed below:
System set up and configuration
Configure Axon Evidence categories & custom roles based on Agency need.
Troubleshoot IT issues with Axon Evidence.
Register users and assign roles in Axon Evidence.
For the CEW Full Service Package: On-site assistance included
For the CEW Starter Package: Virtual assistance included
Dedicated Project Manager
Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project
Manager will be assigned to Agency 4–6 weeks before rollout
Best practice implementation planning session to include:
Provide considerations for the establishment of CEW policy and system operations best practices based
on Axon’s observations with other agencies
Discuss the importance of entering metadata and best practices for digital data management
Provide referrals to other agencies using TASER CEWs and Axon Evidence
For the CEW Full Service Package: On-site assistance included
For the CEW Starter Package: Virtual assistance included
System Admin and troubleshooting training sessions
On-site sessions providing a step-by-step explanation and assistance for Agency’s configuration of security, roles
permissions, categories & retention, and other specific settings for Axon Evidence
Axon Evidence Instructor training
Provide training on the Axon Evidence to educate instructors who can support Agency’s subsequent Axon
Evidence training needs.
For the CEW Full Service Package: Training for up to 3 individuals at Agency
For the CEW Starter Package: Training for up to 1 individual at Agency
TASER CEW inspection and device assignment
Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons
and assign them to a user on Axon Evidence.
Post go-live review
For the CEW Full Service Package: On-site assistance included.
For the CEW Starter Package: Virtual assistance included.
6. Smart Weapon Transition Service. The Smart Weapon Transition Service includes:
Archival of CEW Firing Logs
Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW
Smart Weapons that Agency is replacing with newer Smart Weapon models.
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Title:Master Services and Purchasing Agreement between Axon and Agency
Department:Legal
Version: 19.0
Release Date:8/18/2023 Page 12 of 21
Return of Old Weapons
Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters.
Axon will provide Agency with a Certificate of Destruction
Note: CEW Full Service packages for TASER 7 or TASER 10 include Smart Weapon Transition Service instead of
1-Day Device Specific Instructor Course.
7. VR Services Package. VR Service includes advance remote project planning and configuration support and one (1)
day of on-site service and a professional services manager to work with Agency to assess Agency's deployment and
determine which Services are appropriate. The VR Service training options include:
System set up and configuration (Remote Support)
Instructor-led setup of Axon VR headset content
Configure agency settings based on Agency need
Troubleshoot IT issues with Axon VR headset
Axon instructor training (Train the Trainer)
Training for up to five (5) Agency's in-house instructors who can support Agency's Axon VR CET and SIM
training needs after Axon’s has fulfilled its contracted on-site obligations
Classroom and practical training sessions
Step-by-step explanation and assistance for Agency's configuration of Axon VR CET and SIM functionality,
basic operation, and best practices
8. Axon Air, On-Site Training. Axon Air, On-Site training includes advance remote project planning and configuration
support and one (1) day of on-site Services and a professional services manager to work closely with Agency to
assess Agency's deployment and determine which Services are appropriate. If Agency's requires more than one (1)
day of on-site Services, Agency must purchase additional on-site Services. The Axon Air, On-Site training options
include:
System set up and configuration (Remote Support)
Instructor-led setup of Axon Air App (ASDS)
Configure agency settings based on Agency need
Configure drone controller
Troubleshoot IT issues with Axon Evidence
Axon instructor training (Train the Trainer)
Training for Agency's in-house instructors who can support Agency's Axon Air and Axon Evidence
training needs after Axon’s has fulfilled its contracted on-site obligations
Classroom and practical training sessions
Step-by-step explanation and assistance for Agency's configuration of Axon Respond+ livestreaming
functionality, basic operation, and best practices
9. Axon Air, Virtual Training. Axon Air, Virtual training includes all items in the Axon Air, On-Site Training Package,
except the practical training session, with the Axon Instructor training for up to four hours virtually.
10. Signal Sidearm Installation Service.
a. Purchases of 50 SSA units or more: Axon will provide one (1) day of on-site service and one
professional services manager and will provide train the trainer instruction, with direct assistance on the
first of each unique holster/mounting type. Agency is responsible for providing a suitable work/training
area.
b. Purchases of less than 50 SSA units: Axon will provide a 1-hour virtual instruction session on the
basics of installation and device calibration.
11. Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and
this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in
a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.
12. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays.
Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon
personnel to Agency premises as work hours.
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Title:Master Services and Purchasing Agreement between Axon and Agency
Department:Legal
Version: 19.0
Release Date:8/18/2023 Page 13 of 21
13. Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency
computers and networks, solely for performing the Services subject to compliance with reasonable Agency
security protocols for remote access. Axon agrees that Axon, its employees and subcontractors will not install
any malware, tracking software or disabling devices when accessing Agency’s computers and networks. . Axon
will work to identify as soon as reasonably practicable resources and information Axon expects to use and will
provide an initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems, delays,
losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data,
materials, and information supplied by Agency.
14. Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices
User Documentation"). User Documentation will include all required environmental specifications for the
professional services and Axon Devices to operate per the Axon Device User Documentation. Before installation of
Axon Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Axon Devices are
to be installed ("Installation Site") per the environmental specifications in the Axon Device User Documentation.
Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon
modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update
to Agency when Axon generally releases it
15. Acceptance. When Axon completes professional services, Axon will present an acceptance form ("Acceptance
Form") to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably
believes Axon did not complete the professional services in substantial conformance with this Agreement, Agency
must notify Axon in writing of the specific reasons for rejection within thirty (30) calendar days from delivery of
the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon
does not receive the signed Acceptance Form or written notification of reasons for rejection within seven (7)
calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional
services.
16. Agency Network. For work performed by Axon transiting or making use of Agency’s network, Agency is solely
responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or
corruption of Agency’s network from any cause, unless to the extent caused by Axon’s acts or omissions.
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Master Services and Purchasing Agreement for Agency
Title:Master Services and Purchasing Agreement between Axon and Agency
Department:Legal
Version: 19.0
Release Date:8/18/2023 Page 14 of 21
Technology Assurance Plan Appendix
If Technology Assurance Plan ("TAP") or a bundle including TAP is on the Quote, this appendix applies.
1. TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the one- (1-) year hardware limited
warranty.
2. Officer Safety Plan. If Agency purchases an Officer Safety Plan ("OSP"), Agency will receive the deliverables
detailed in the Quote. Agency must accept delivery of the TASER CEW and accessories as soon as available from
Axon.
3. OSP 7 or OSP 10 Term. OSP 7 or OSP 10 begins on the date specified in the Quote ("OSP Term").
4. TAP BWC Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency
a new Axon body-worn camera ("BWC Upgrade") as scheduled in the Quote. If Agency purchased TAP, Axon will
provide a BWC Upgrade that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the BWC
Upgrade will utilize the same accessories or Axon Dock.
5. TAP Dock Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency
a new Axon Dock as scheduled in the Quote ("Dock Upgrade"). Accessories associated with any Dock Upgrades
are subject to change at Axon discretion. Dock Upgrades will only include a new Axon Dock bay configuration unless
a new Axon Dock core is required for BWC compatibility. If Agency originally purchased a single-bay Axon Dock, the
Dock Upgrade will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Agency
originally purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi-bay Axon Dock that is the same or like
Axon Device, at Axon’s option.
6. Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without prior confirmation
from Agency unless the Parties agree in writing otherwise at least ninety (90) days in advance. Axon may ship the
final BWC and Dock Upgrade as scheduled in the Quote sixty (60) days before the end of the Subscription Term
without prior confirmation from Agency.
7. Upgrade Change. If Agency wants to upgrade Axon Device models from the current Axon Device to an upgraded
Axon Device, Agency must pay the price difference between the MSRP for the current Axon Device and the MSRP
for the upgraded Axon Device. If the model Agency desires has an MSRP less than the MSRP of the offered BWC
Upgrade or Dock Upgrade, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade.
8. Return of Original Axon Device. Within thirty (30) days of receiving a BWC or Dock Upgrade, Agency must return
the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon
including serial numbers for the destroyed Axon Devices. If Agency does not return or destroy the Axon Devices,
Axon will deactivate the serial numbers for the Axon Devices received by Agency.
9. Termination. If Agency’s payment for TAP, OSP, or Axon Evidence is more than thirty (30) days past due, and Agency
fails to make such overdue payments within thirty (30) days notice from Axon, Axon may terminate TAP or OSP. Once
TAP or OSP terminates for any reason:
9.1. TAP and OSP coverage terminate as of the date of termination and no refunds will be given.
9.2. Axon will not and has no obligation to provide the Upgrade Models.
9.3. Agency must make any missed payments due to the termination before Agency may purchase any future TAP
or OSP.
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Title:Master Services and Purchasing Agreement between Axon and Agency
Department:Legal
Version: 19.0
Release Date:8/18/2023 Page 15 of 21
TASER 10 Appendix
This TASER 10 Appendix applies to Agency’s TASER 10, OSP 10, OSP Plus, or OSP 10 Plus Premium purchase from
Axon, if applicable.
1. Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan", Agency must
purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that
only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the
line of duty.
2. Training. If the Quote includes a training voucher, Agency must use the voucher within one (1) year of issuance, or
the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription
Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the
Quote, the voucher does not include travel expenses and will be Agency’s responsibility. If the Quote includes Axon
Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, "Training
Content"), Agency may access Training Content. Axon will deliver all Training Content electronically.
3. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty
will be for a five- (5-) year term, which includes the hardware manufacturer’s warranty plus the four- (4-) year extended
term.
4. Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that
discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated
with the discount ("Trade-In Units") to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping
costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the
value of the trade-in credit. Agency may not destroy Trade-In Units and receive a trade-in credit.
Agency Size Days to Return from Start Date of TASER 10 Subscription
Less than 100 officers 60 days
100 to 499 officers 90 days
500+ officers 180 days
5. TASER 10 Subscription Term. The TASER 10 Subscription Term for a standalone TASER 10 purchase begins on
shipment of the TASER 10 hardware. The TASER 10 Subscription Term for OSP 10 begins on the OSP 10 start date.
6. Access Rights. Upon Axon granting Agency a TASER 10 Axon Evidence subscription, Agency may access and use
Axon Evidence for the storage and management of data from TASER 10 CEW devices during the TASER 10
Subscription Term. Agency may not exceed the number of end users the Quote specifies.
7. Agency Warranty. If Agency is located in the US, Agency warrants and acknowledges that TASER 10 is classified
as a firearm and is being acquired for official Agency use pursuant to a law enforcement agency transfer under the
Gun Control Act of 1968.
8. Purchase Order. To comply with applicable laws and regulations, Agency must provide a purchase order to Axon
prior to shipment of TASER 10.
9. Apollo Grant (US only). If Agency has received an Apollo Grant from Axon, Agency must pay all fees in the Quote
prior to upgrading to any new TASER CEW offered by Axon.
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Title:Master Services and Purchasing Agreement between Axon and Agency
Department:Legal
Version: 19.0
Release Date:8/18/2023 Page 16 of 21
Axon Auto-Tagging Appendix
If Auto-Tagging is included on the Quote, this Appendix applies.
1. Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Agency’s
Computer-Aided Dispatch ("CAD") or Records Management Systems ("RMS"). This allows end users to auto-
populate Axon video meta-data with a case ID, category, and location-based on data maintained in Agency’s CAD or
RMS.
2. Support. For thirty (30) days after completing Auto-Tagging Services, Axon will provide up to five (5) hours of remote
support at no additional charge. Axon will provide free support due to a change in Axon Evidence, if Agency maintains
an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because
Agency changes its CAD or RMS.
3. Changes. Axon is only responsible to perform the Services in this Appendix. Any additional Services 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.
4. Agency Responsibilities. Axon’s performance of Auto-Tagging Services requires Agency to:
4.1. Make available relevant systems, including Agency’s current CAD or RMS, for assessment by Axon (including
remote access if possible);
4.2. Make required modifications, upgrades or alterations to Agency’s hardware, facilities, systems and networks
related to Axon’s performance of Auto-Tagging Services;
4.3. Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Agency safety and
security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to
perform Auto-Tagging Services;
4.4. Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration)
necessary for Axon to provide Auto-Tagging Services;
4.5. Promptly install and implement any software updates provided by Axon;
4.6. Ensure that all appropriate data backups are performed;
4.7. Provide assistance, participation, and approvals in testing Auto-Tagging Services;
4.8. Provide Axon with remote access to Agency’s Axon Evidence account when required;
4.9. Notify Axon of any network or machine maintenance that may impact the performance of the module at Agency;
and
4.10. Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and
up-to-date documentation and information to Axon.
5. Access to Systems. Agency authorizes Axon to access Agency’s relevant computers, network systems, and CAD
or RMS solely for performing Auto-Tagging Services, provided, however, that Axon will comply with Agency security
protocols for remote access. . Axon will work diligently to identify the resources and information Axon expects to use
and will provide an initial list to Agency. Agency is responsible for and assumes the risk of any problems, delays,
losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data,
materials, and information supplied by Agency.
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Title:Master Services and Purchasing Agreement between Axon and Agency
Department:Legal
Version: 19.0
Release Date:8/18/2023 Page 17 of 21
Axon Fleet Appendix
If Axon Fleet is included on the Quote, this Appendix applies.
20. Agency Responsibilities.
21. Agency must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet 2 or
Axon Fleet 3 (collectively, "Axon Fleet") as established by Axon during the qualifier call and on-site assessment at
Agency and in any technical qualifying questions. If Agency’s representations are inaccurate, the Quote is subject to
change.
22. Agency is responsible for providing a suitable work area for Axon or Axon third-party providers to install Axon Fleet
systems into Agency vehicles. Agency is responsible for making available all vehicles for which installation services
were purchased, during the agreed upon onsite installation dates, Failure to make vehicles available may require an
equitable adjustment in fees or schedule.
23. Cradlepoint. If Agency purchases Cradlepoint Enterprise Cloud Manager, Agency will comply with Cradlepoint’s end
user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If
Agency requires Cradlepoint support, Agency will contact Cradlepoint directly.
24. Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if
such failure results from installation not performed by, or as directed by Axon.
25. Wireless Offload Server.
25.1. License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless
Offload Server ("WOS"). "Use" means storing, loading, installing, or executing WOS solely for data
communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start
of the Axon Evidence Subscription.
25.2. Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b)
reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or
allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS
in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS;
g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS;
or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and
trademark notices) of Axon or Axon’s licensors on or within WOS.
25.3. Updates. If Agency purchases WOS maintenance, Axon will make updates and error corrections to WOS
WOS Updates") available electronically via the Internet or media as determined by Axon. Agency is
responsible for establishing and maintaining adequate Internet access to receive WOS Updates and
maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term.
25.4. WOS Support. Upon request by Axon, Agency will provide Axon with access to Agency’s store and forward
servers solely for troubleshooting and maintenance.
26. Axon Vehicle Software.
26.1. License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use ViewXL
or Dashboard (collectively, "Axon Vehicle Software".) "Use" means storing, loading, installing, or executing
Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term
begins upon the start of the Axon Evidence Subscription.
26.2. Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle
Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any process to derive
the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software
to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade
secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle
Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features,
functions or graphics of Axon Vehicle Software; or (h) remove, alter or obscure any confidentiality or proprietary
rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Axon Vehicle
Software.
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Department:Legal
Version: 19.0
Release Date:8/18/2023 Page 18 of 21
27. Acceptance Checklist. If Axon provides services to Agency pursuant to any statement of work in connection with
Axon Fleet, withinthirty (30) days of the date on which Agency retrieves Agency's vehicle(s) from the Axon installer ,
said vehicle having been installed and configured with tested and fully and properly operational in -car hardware and
software identified above, Agency will receive a Professional Services Acceptance Checklist to submit to Axon
indicating acceptance or denial of said deliverables.
28. Axon Fleet Upgrade. If Agency has no outstanding payment obligations and has purchased the "Fleet Technology
Assurance Plan" (Fleet TAP), Axon will provide Agency with the same or like model of Fleet hardware ("Axon Fleet
Upgrade") as scheduled on the Quote.
28.1. If Agency would like to change models for the Axon Fleet Upgrade, Agency must pay the difference between
the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP
in effect at the time of the upgrade. Agency is responsible for the removal of previously installed hardware and
installation of the Axon Fleet Upgrade.
28.2. Within thirty (30) days of receiving the Axon Fleet Upgrade, Agency must return the original Axon Devices to
Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of
the destroyed Axon Devices. If Agency does not destroy or return the Axon Devices to Axon, Axon will
deactivate the serial numbers for the Axon Devices received by Agency.
29. Axon Fleet Termination. Axon may terminate Agency’s Fleet subscription for non-payment. Upon any termination:
29.1. Axon Fleet subscription coverage terminates, and no refunds will be given.
29.2. Axon will not and has no obligation to provide the Axon Fleet Upgrade.
29.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed
to purchase any future Fleet TAP.
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Title:Master Services and Purchasing Agreement between Axon and Agency
Department:Legal
Version: 19.0
Release Date:8/18/2023 Page 19 of 21
Axon Respond Appendix
This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus, if either is included on the Quote.
1. Axon Respond Subscription Term. If Agency purchases Axon Respond as part of a bundled offering, the Axon
Respond subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions
Axon Respond to Agency. If Agency purchases Axon Respond as a standalone, the Axon Respond subscription
begins the later of the (1) date Axon provisions Axon Respond to Agency, or (2) first day of the month following the
Effective Date. The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription
associated with Axon Respond.
2. Scope of Axon Respond. The scope of Axon Respond is to assist Agency with real-time situational awareness
during critical incidents to improve officer safety, effectiveness, and awareness. In the event Agency uses Axon
Respond outside this scope, Axon may initiate good-faith discussions with Agency on upgrading Agency’s Axon
Respond to better meet Agency’s needs.
3. Axon Body 3 LTE Requirements. Axon Respond is only available and usable with an LTE enabled body-worn
camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is
unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a
carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without Agency’s
consent.
4. Axon Fleet 3 LTE Requirements. Axon Respond is only available and usable with a Fleet 3 system configured with
LTE modem and service. Agency is responsible for providing LTE service for the modem. Coverage and availability
of LTE service is subject to Agency’s LTE carrier.
5. Axon Respond Service Limitations. Agency acknowledges that LTE service is made available only within the
operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities
limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely
affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage
in a service area, and other causes reasonably outside of the carrier’s control such as intentional or negligent acts of
third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades,
relocations, repairs, and other similar activities necessary for the proper or improved operation of service.
5.1. With regard to Axon Body 3, Partner networks are made available as-is and the carrier makes no warranties
or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier
will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Agency expressly
understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service
provider or its affiliates or contractors and Agency is not a third-party beneficiary of any agreement between
Axon and the underlying carrier.
6. Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Respond or bundles that include
Axon Respond, Axon will end Axon Respond services, including any Axon-provided LTE service.
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Title:Master Services and Purchasing Agreement between Axon and Agency
Department:Legal
Version: 19.0
Release Date:8/18/2023 Page 20 of 21
Axon Application Programming Interface Appendix
This Appendix applies if Axon’s API Services are included on the Quote.
1. Definitions.
1.1. "API Client" means the software that acts as the interface between Agency’s computer and the server, which
is already developed or to be developed by Agency.
1.2. "API Interface" means software implemented by Agency to configure Agency’s independent API Client
Software to operate in conjunction with the API Service for Agency’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 Agency’s Axon Evidence account or integrate Agency’s Axon
Evidence account with other systems.
1.4. "Use" means any operation on Agency’s data enabled by the supported API functionality.
2. Purpose and License.
2.1. Agency may use API Service and data made available through API Service, in connection with an API Client
developed by Agency. Axon may monitor Agency’s use of API Service to ensure quality, improve Axon devices
and services, and verify compliance with this Agreement. Agency agrees to not interfere with such monitoring
or obscure from Axon Agency’s use of API Service. Agency will not use API Service for commercial use.
2.2. Axon grants Agency a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and
license during the Term to use API Service, solely for Agency’s Use in connection with Agency’s API Client.
2.3. Axon reserves the right to set limitations on Agency’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. Agency will work independently to configure Agency’s API Client with API Service for Agency’s
applicable Use. Agency 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. Agency will inform Axon promptly
of any updates. Upon Agency’s registration, Axon will provide documentation outlining API Service information.
4. Agency Responsibilities. When using API Service, Agency and its end users may 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 viruses, worms, defect, Trojan horses, malware, or any
items 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 net works
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 unless required by law or Court order.
5. API Content. All content related to API Service, other than Agency Content or Agency’s API Client content, is
considered Axon’s API Content, including:
5.1. the design, structure and naming of API Service fields in all responses and requests;
DocuSign Envelope ID: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
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60297.00068\41841462.1
Master Services and Purchasing Agreement for Agency
Title:Master Services and Purchasing Agreement between Axon and Agency
Department:Legal
Version: 19.0
Release Date:8/18/2023 Page 21 of 21
5.2. the resources available within API Service for which Agency 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 Agency 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"). Agency is required to
implement and use the most current version of API Service and to make any applicable changes to Agency’s API
Client required as a result of such API Update. API Updates may adversely affect how Agency’s API Client access or
communicate with API Service or the API Interface. Each API Client must contain means for Agency 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.
DocuSign Envelope ID: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
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Insurance Requirements for Suppliers
Vendor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with products and materials supplied to the Entity. The cost of such insurance shall
be borne by the Vendor.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability
coverage (occurrence Form CG 00 01) and include products coverage.
Minimum Limits of Insurance
Vendor shall maintain limits no less than $1,000,000 per occurrence for bodily injury and
property damage, and an aggregate limit of $2,000,000. Excess / Umbrella coverage of $9Mil
per Occurrence; $9Mil Aggregate
If the Vendor maintains higher limits than the minimums shown above, the Entity requires and
shall be entitled to coverage for the higher limits maintained by the contractor.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Entity. At the
option of the Entity, either: the Vendor shall obtain coverage to reduce or eliminate such
deductibles or self-insured retentions as respects the Entity, its officers, officials, employees, and
volunteers; or the Vendor shall provide a financial guarantee satisfactory to the Entity
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
Other Insurance Provisions
1.The policy or policies are to contain, or be endorsed to contain, the following provisions:
The Entity, its officers, officials, employees, and volunteers are to be covered as additional
insureds as respects products of the Vendor. The Liability Additional Insured endorsement must
not exclude Products / Completed Operations.
2.The Vendor’s insurance coverage shall be primary insurance as respects the Entity, its officers,
officials, employees and volunteers. Any insurance or self-insurance maintained by the Entity, its
officers, officials, employees or volunteers, shall be excess of the Vendor’s insurance and shall
not contribute with it.
3.Each insurance policy required by this clause shall state that coverage shall not be canceled,
except after thirty (30) days prior written notice has been provided to the Entity.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII,
unless otherwise acceptable to the Entity.
EXHIBITADocuSign
Envelope ID: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
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Verification of Coverage
Vendor shall furnish the Entity with original certificates and amendatory endorsements or copies
of the applicable policy language providing the insurance coverage required above. All
certificates and endorsements are to be received and approved by the Entity before work
commences. However, failure to obtain the required documents prior to the work beginning
shall not waive the Vendor’s obligation to provide them. The Entity reserves the right to require
complete, certified copies of all required insurance policies, including endorsements required by
these specifications, at any time.
Waiver of Subrogation
Vendor hereby grants to Entity a waiver of any right to subrogation which any insurer of said
Vendor may acquire against the Entity by virtue of the payment of any loss under such
insurance. Vendor agrees to obtain any endorsement that may be necessary to effect this waiver
of subrogation, but this provision applies regardless of whether or not the Entity has received a
waiver of subrogation endorsement from the insurer
Special Risks or Circumstances
Entity reserves the right to modify these requirements at any time, including limits, based on the
nature of the risk, prior experience, insurer, coverage, or other special circumstances.
DocuSign Envelope ID: 0E17AEBC-772B-49D8-ADCB-E339F16940C0
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Amendment 1 to the Master Services
and Purchasing Agreement
Page 1 of 4
This First Amendment (“Amendment”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”),
and the City of Chula Vista, California (“Customer”). This Amendment is effective as of the last signature
date on this Amendment (“Effective Date”). Axon and Customer are each a “Party” and collectively
Parties”.
Axon and Customer are parties to the Master Services and Purchasing Agreement fully executed on
December 7, 2023 (“Agreement”).
The Parties wish to incorporate further changes into the Agreement in order to add the AI Eras plan to the
current purchases.
The Parties therefore agree as follows:
1.The attached documents are hereby incorporated into the Agreement:
a.Quote Q-707659
b.Appendix for AI Technology
2.All other terms and conditions of the Agreement shall remain unchanged and in full force and effect.
Each representative identified below declares that the representative is authorized to execute this
Amendment as of the date of signature.
Axon Enterprise, Inc. Customer
Signature: Signature:
Name: Name:
Title: Title:
Date:
John McCann
Mayor
Date:
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
Approved as to form:
By: ___________________________________
Marco A. Verdugo, City Attorney
Robert Driscoll
Deputy General Counsel
ACN 2025-293
Docusign Envelope ID: 5CA89BEF-AD2B-4385-9758-F8BCB7C4C586
Procurement Review
9/26/2025
RESO #2025-161
9/30/2025
Page 212 of 260
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Amendment 1 to the Master Services
and Purchasing Agreement
Page 2 of 4
Quote Appendix – See next page
Docusign Envelope ID: 5CA89BEF-AD2B-4385-9758-F8BCB7C4C586
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Page 1 Q-707659-45868LG
Q-707659-45868LG
Issued: 07/30/2025
Quote Expiration: 09/30/2025
Estimated Contract Start Date: 10/01/2025
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:
Dan Peak
Phone: (619) 691-5217
Email: dpeak@chulavistapd.org
Fax:
Quote Summary Discount Summary
Program Length 40 Months Average Savings Per Year $384,157.20
TOTAL COST $993,264.00
ESTIMATED TOTAL W/ TAX $993,264.00 TOTAL SAVINGS $1,280,524.00
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: 5CA89BEF-AD2B-4385-9758-F8BCB7C4C586
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Page 2 Q-707659-45868LG
Payment Summary
Date Subtotal Tax Total
Sep 2025 $189,384.00 $0.00 $189,384.00
Jul 2026 $267,960.00 $0.00 $267,960.00
Jul 2027 $267,960.00 $0.00 $267,960.00
Jul 2028 $267,960.00 $0.00 $267,960.00
Total $993,264.00 $0.00 $993,264.00
Docusign Envelope ID: 5CA89BEF-AD2B-4385-9758-F8BCB7C4C586
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City of Chula Vista - City Council
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Page 3 Q-707659-45868LG
Quote Unbundled Price:$2,273,706.80
Quote List Price:$1,448,308.80
Quote Subtotal:$993,264.00
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
S00007 AXON AI - AI ERA LEADERS 290 28 $256.69 $155.04 $99.00 $803,880.00 $0.00 $803,880.00
A la Carte Software
85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 290 12 $20.80 $20.80 $72,384.00 $0.00 $72,384.00
101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT
WRITING 150 12 $65.00 $65.00 $117,000.00 $0.00 $117,000.00
Total $993,264.00 $0.00 $993,264.00
Delivery Schedule
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date
A la Carte 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT
WRITING 150 10/01/2025 09/30/2026
A la Carte 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 290 10/01/2025 09/30/2026
AXON AI - AI ERA LEADERS 101740 AXON - AI SOFTWARE LICENSE 290 10/01/2026 01/31/2029
Services
Bundle Item Description QTY
AXON AI - AI ERA LEADERS 101741 AXON - AI PROFESSIONAL SERVICES 290
Docusign Envelope ID: 5CA89BEF-AD2B-4385-9758-F8BCB7C4C586
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Page 4 Q-707659-45868LG
Shipping Locations
Location Number Street City State Zip Country
1 315 4TH AVE CHULA VISTA CA 91910-3801 USA
Payment Details
Sep 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 - Draft One and Auto
Transcribe 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 150 $117,000.00 $0.00 $117,000.00
Year 1 - Draft One and Auto
Transcribe 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 290 $72,384.00 $0.00 $72,384.00
Total $189,384.00 $0.00 $189,384.00
Jul 2026
Invoice Plan Item Description Qty Subtotal Tax Total
AI Era - Year 2 S00007 AXON AI - AI ERA LEADERS 290 $267,960.00 $0.00 $267,960.00
Total $267,960.00 $0.00 $267,960.00
Jul 2027
Invoice Plan Item Description Qty Subtotal Tax Total
AI Era - Year 3 S00007 AXON AI - AI ERA LEADERS 290 $267,960.00 $0.00 $267,960.00
Total $267,960.00 $0.00 $267,960.00
Jul 2028
Invoice Plan Item Description Qty Subtotal Tax Total
AI Era - Year 4 S00007 AXON AI - AI ERA LEADERS 290 $267,960.00 $0.00 $267,960.00
Total $267,960.00 $0.00 $267,960.00
Docusign Envelope ID: 5CA89BEF-AD2B-4385-9758-F8BCB7C4C586
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Page 5 Q-707659-45868LG
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.
Exceptions to Standard Terms and Conditions
Docusign Envelope ID: 5CA89BEF-AD2B-4385-9758-F8BCB7C4C586
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Page 6 Q-707659-45868LG
Customer Case Study: Customer agrees to participate in at least one case study on the use of AI products during the term of this Agreement, which may include
providing testimonials, sharing quantitative and qualitative results, and highlighting the use and outcomes of Axon Devices and Services. Such participation may
also involve interviews, performance metrics, and insights about Customer’s experience with Axon. Customer further grants Axon the right to publicly reference such
case study pursuant the terms of the Agreement. The rights granted herein will survive termination of the Agreement solely with respect to materials published
during the term of the Agreement.
Chula Vista Police Department, being an innovative law enforcement partner of Axon, will develop policies in relation to the use of AI purchased under this
Agreement, which Chula Vista Police Department will make available to Axon as well as other law enforcement agencies as a model use policy.
Docusign Envelope ID: 5CA89BEF-AD2B-4385-9758-F8BCB7C4C586
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Docusign Envelope ID: 5CA89BEF-AD2B-4385-9758-F8BCB7C4C586
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City of Chula Vista - City Council
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Amendment 1 to the Master Services
and Purchasing Agreement
Page 3 of 4
Appendix for AI Technology
This AI Appendix shall only apply to Customers who license Axon Cloud Services in a Quote that
specifically utilize AI Technology. Unless explicitly defined otherwise, capitalized terms used in this
Appendix have the same meaning as those in the Agreement.
1. Definitions
1.1 AI Technology. Refers to artificial intelligence functionalities embedded in Axon’s Cloud
Services, which may include: (a) Enhanced Evidence Management; (b) AI-powered redaction
tools; (c) Large Language Model-based tools (e.g., "Draft One" “Policy Chat”); (d) Predictive
Analytics for operational insights; or (e) Natural Language Processing (NLP) for text and speech
analysis.
1.2 Model Drift. The degradation of AI model performance due to changes in input data or external
conditions, requiring retraining or updates.
1.3 Bias Mitigation. Strategies and techniques used to identify, measure, and minimize bias in AI
Technology.
2. Scope and Usage
2.1 Integration. Axon AI Technology is intended to improve public safety, streamline operations, and
ensure data accuracy. The AI functionalities will only be used as described in the Agreement or
applicable documentation.
2.2 Data Use. Axon acts as a Data Processor for AI Technology. All inquiries submitted are processed
solely to provide accurate responses based on Customer Content submitted. Customer remains
the Data Controller of all Customer Content. Axon and Axon’s subprocessors do not train their
models on Customer Content. Customers who elect to participate in Axon’s ACEIP program can
enter into custom agreements to assist in product development efforts like AI model training. Even
in those cases, Axon operates carefully on redacted data and not on Customer Content.
2.3 Automatic Data Collection. AI Technology may automatically collect Non-Content Data about
user interactions with the service and their devices to enhance the functionality and security of the
system. The details collected include, but are not limited to, the following:
2.3.1 User Engagement and Activity Metrics. AI Technology may track key engagement
statistics, including Daily Active Users (DAUs), Weekly Active Users (WAUs), and Monthly
Active Users (MAUs). Additional metrics include new user activations, repeat usage rates,
total queries submitted, follow-up query volume, session lengths, retention rates, and user
satisfaction ratings (e.g., thumbs up/down feedback).
2.3.2 Sales and Adoption Tracking. Axon monitors the number of licenses and agencies
purchasing the service, including those in trial phases, fully deploying the service, and
conversion rates from trials to paid subscriptions.
2.3.3 End User inputs. Axon may process de-identified end-user inputs to the AI Technology,
excluding Customer Content or any data that directly or indirectly identifies individuals.
3. Axon Responsibilities
3.1 Ethical AI Development. Axon shall: (a) Follow its responsible innovation framework; (b) Engage
with the Ethics and Equity Advisory Council (EEAC) for feedback; (c) Conduct testing to
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Amendment 1 to the Master Services
and Purchasing Agreement
Page 4 of 4
minimize bias and ensure reliability; and (d) Implement Bias Mitigation techniques in model
development and deployment.
3.2 Security Program. Axon will maintain a comprehensive information security program, including
logical and physical access, vulnerability, risk, and configuration management; incident
monitoring and response; encryption of digital evidence; and security education.
3.3 Transparency. Axon will provide documentation describing AI functionalities and their intended
use and disclose any material limitations, risks, or Model Drift incidents.
3.4 Incident Response. Axon will promptly address and rectify anomalies in AI functionalities, as
outlined in its incident management procedures.
3.5 Compliance. Axon will ensure compliance with applicable laws, regulations, and standards,
including but not limited to the EU AI Act, NIST AI standards, and ISO/IEC 27001.
4. Customer Responsibilities
4.1 Ownership of Customer Content. Customer controls and owns all rights, title, and interest in
Customer Content. Axon obtains no interest in Customer Content and will only access Customer
Content for limited purposes as outlined in the Agreement.
4.2 Use of AI Technologies. Customer must: (a) review AI-generated outputs to ensure accuracy
and appropriateness; (b) maintain control over Customer Content shared with AI Technologies
c) comply with applicable laws when using Axon AI Technology and Axon Services; (d) monitor
for potential issues with AI outputs, including false positives or negatives; (e) actively opt-in for
programs involving data sharing through Axon’s ACEIP program; and (f) provide timely feedback
on Axon AI Technology performance.
4.3 Restrictions. AI Technology is not designed for emergencies, and in such cases, users should
contact appropriate emergency services directly. Axon disclaims liability for queries containing
prohibited content, such as hate, sexual material, or violence, and reserves the right to restrict
such usage.
5. Draft One. Specifically for Customers who utilize Draft One, Axon may impose usage restrictions if a
single user generates more than three hundred (300) reports per month for two or more consecutive
months.
Docusign Envelope ID: 5CA89BEF-AD2B-4385-9758-F8BCB7C4C586
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Amendment 2 to the Master Services
and Purchasing Agreement
This Second Amendment (“Amendment”) is between Axon Enterprise, Inc., a Delaware corporation
(“Axon”) and the City of Chula Vista, California (“Customer”). This Amendment is effective as of the last
signature date of this Amendment (“Effective Date”). Axon and Customer are each a “Party” and
collectively “Parties”.
Axon and Customer are parties to the Master Services and Purchasing Agreement fully executed on
December 7, 2023 (“Agreement”).
The Parties wish to incorporate further changes into the Agreement in order to add Prepared to the current
purchases.
The Parties therefore agree as follows:
1.The attached documents are hereby incorporated into this Agreement:
a.Quote Q-807015-46062LG
b.Prepared Emergency Call Management (“ECM”) Appendix
2.All other terms and conditions of the Agreement shall remain unchanged and in full force and effect.
Each representative identified below declares that the representative is authorized to execute this
Amendment as of the date of signature.
Axon Enterprise, Inc.Customer
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
Page 223 of 260
City of Chula Vista - City Council
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Amendment 2 to the Master Services
and Purchasing Agreement
Quote Appendix – See next page
Page 224 of 260
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Page 1 Q-807015-46062LG
Q-807015-46062LG
Issued: 02/09/2026
Quote Expiration:
Estimated Contract Start Date: 03/01/2026
Account Number: 106513
Payment Terms: N30
Mode of Delivery: AUTO-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:
Dan Peak
Phone: (619) 691-5217
Email: dpeak@chulavistapd.org
Fax:
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $146,830.00
TOTAL COST $0.00
ESTIMATED TOTAL W/ TAX $0.00 TOTAL SAVINGS $734,150.00
Axon Enterprise, Inc.
17800 N 85th St
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic:(800) 978-2737
International: +1.800.978.2737
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Payment Summary
Date Subtotal Tax Total
Total 0 0 0
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Page 3 Q-807015-46062LG
Quote Unbundled Price:$8,761,400.00
Quote List Price:$8,761,400.00
Quote Subtotal:$0.00
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal
Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total
A la Carte Hardware
102750 PREPARED AUDIO COLLECTOR HARDWARE 1 $2,400.00 $0.00 $0.00 $0.00 $0.00
A la Carte Software
102821 PREPARED AUTOMATED NON-EMERGENCY TRIAGE 83000 60 $0.65 $0.00 $0.00 $0.00 $0.00
102822 PREPARED ASSISTIVE CALL TAKING (per 1,000 calls)184 60 $0.00 $0.00 $0.00
102820 PREPARED AUTOMATED QA (per 1,000 calls)184 60 $0.00 $0.00 $0.00
A la Carte Services
102817 PREPARED AUTOMATED NON-EMERGENCY TRIAGE
IMPLEMENTATION 1 $1,000.00 $0.00 $0.00 $0.00 $0.00
102739 PREPARED AUDIO COLLECTOR IMPLEMENTATION 1 $1,000.00 $0.00 $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date
A la Carte 102750 PREPARED AUDIO COLLECTOR HARDWARE 1 1 02/01/2026
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date
A la Carte 102820 PREPARED AUTOMATED QA (per 1,000 calls)184 03/01/2026 02/28/2031
A la Carte 102821 PREPARED AUTOMATED NON-EMERGENCY TRIAGE 83000 03/01/2026 02/28/2031
A la Carte 102822 PREPARED ASSISTIVE CALL TAKING (per 1,000 calls)184 03/01/2026 02/28/2031
Services
Bundle Item Description QTY
A la Carte 102739 PREPARED AUDIO COLLECTOR IMPLEMENTATION 1
A la Carte 102817 PREPARED AUTOMATED NON-EMERGENCY TRIAGE IMPLEMENTATION 1
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Shipping Locations
Location Number Street City State Zip Country
1 315 4TH AVE CHULA VISTA CA 91910-3801 USA
Payment Details
Feb 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment 102750 PREPARED AUDIO COLLECTOR HARDWARE 1 $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00
Mar 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment 102739 PREPARED AUDIO COLLECTOR IMPLEMENTATION 1 $0.00 $0.00 $0.00
Invoice Upon Fulfillment 102817 PREPARED AUTOMATED NON-EMERGENCY TRIAGE IMPLEMENTATION 1 $0.00 $0.00 $0.00
Invoice Upon Fulfillment 102820 PREPARED AUTOMATED QA (per 1,000 calls)184 $0.00 $0.00 $0.00
Invoice Upon Fulfillment 102821 PREPARED AUTOMATED NON-EMERGENCY TRIAGE 83000 $0.00 $0.00 $0.00
Invoice Upon Fulfillment 102822 PREPARED ASSISTIVE CALL TAKING (per 1,000 calls)184 $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00
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Page 5 Q-807015-46062LG
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.
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Page 6 Q-807015-46062LG
Exceptions to Standard Terms and Conditions
Rewrite Estimates
Estimated Amounts and Contract Terminations. Any amounts stated as due under existing or terminated contracts — including contract transfer balances carried forward to
new or pending contracts — are estimates based on payments received as of the calculation date. These estimates may be adjusted if new contracts are not executed on the
anticipated dates or if expected payments are not made.
Refresh Shipment Timing
Technology Assurance Plan (TAP) Refresh Prior to Renewal. For Customers with expiring agreements that include TAP refresh rights, Axon may, in its discretion, ship
refresh hardware under the existing contract while renewal or replacement agreements are in progress. Any such shipments will be deemed made under the terms of the
existing contract until the new contract is fully executed, after which any applicable updates, fees, or adjustments will apply.
Shipment Timing
Shipment Variance. Estimated shipment dates are provided for planning purposes only and are not guarantees. Axon may ship hardware before or after the estimated
shipment date, and failure to meet an estimated shipment date will not, by itself, constitute a breach, provided Axon uses commercially reasonable efforts to meet estimated
shipment dates.
\s1\\d1\
Signature Date Signed
2/9/2026
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Page 7 Q-807015-46062LG
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Amendment 2 to the Master Services
and Purchasing Agreement
Prepared Emergency Call Management Appendix
Prepared Emergency Call Management (“ECM”) terms:
1. Backups. The ECM Cloud Service does not replace the need for Customer to maintain regular data backups
or redundant data archives of Customer Content and Caller Data.
2. Limitations on Service. Customer acknowledges and agrees that the ECM Service does not replace best
practices by Customer in communicating or managing an impending or on-going threat or incident. Customer
shall ensure that each authorized user is properly trained and prepared to respond to an impending threat or any
incident.
3. Assistive Dispatch. Assistive Dispatch is available for Customers using supported CAD and radio console
configurations. A technical assessment will determine eligibility. Axon will conduct eligibility assessment only
when explicitly requested by customer. Customers with analog radio consoles or unsupported digital console
configurations are not eligible for Assistive Dispatch but may use other Prepared products included in AI Era
(ACT, AQA, ANET). Assistive Dispatch may require third-party hardware and/or licensing (e.g., Motorola Archive
Interface Server (AIS), AIS License) not included in the Quote.
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Authorize implementation of
Prepared by Axon
Modernize Communications
Center operations
Enhance dispatcher support
and situational awareness
No new funding required
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STAFFING
SHORTAGES AND
ATTRITION
INCREASING
CALL VOLUMES
RISING PUBLIC
EXPECTATIONS
GROWING
COGNITIVE LOAD
ON DISPATCHERS
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AI-assisted support
platform for 911
operations
Real-time
transcription and
translation
Radio traffic
transcription
Automated triage
and quality
assurance
Designed to
enhance
not replace staff
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Real-time
transcription
and translation
AI-generated
call summaries
Live supervisor
visibility
Reduces
handling time
and improves
accuracy
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Real-time radio transcription
Talkgroup organization
Keyword alerts
Improves responder safety and reduces missed traffic Page 241 of 260
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Conversational
AI handles 10-
digit calls
Automatically
escalates
emergencies
Routes routine
inquiries
appropriately
Can resolve up
to 60% of non-
emergency
calls
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Reviews 100% of
calls
Auto-generates
QA metrics
Supervisor
dashboards
Reduces QA
review time by
over 80%Page 243 of 260
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•
•
•
•
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CJIS compliant
SOC 2 Type II aligned
NIST aligned
AES-256 encryption at rest
TLS encryption
in transit
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•
•
•
•
•
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No additional fiscal impact
Included in existing Axon AI Era Bundle
No new funds required
Contract amendment is minimal
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Faster emergency response
Improved situational awareness
Enhanced dispatcher support
Stronger quality assurance
Supports Smart City goals
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v . 0 0 5 P a g e | 1
March 3, 2026
ITEM TITLE
Due Process and Safety: Adopt an Ordinance Adding Chapter 2.19 (Due Process and Safety in City Facilities)
to the Chula Vista Municipal Code
Report Number: 26-0068
Location: No specific geographic location
Department: City Manager
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
Place an ordinance on first reading adding Chapter 2.19 (Due Process And Safety in City Facilities) to the
Chula Vista Municipal Code, establishing protections to ensure that City facilities and contracts are not
utilized in a manner that facilitates discrimination, unlawful detention, or the criminalization of individuals
based on immigration status (First Reading).
SUMMARY
On February 2, 2026, a referral was made to the City Manager to present the City Council with an ordinance
that, if adopted, would codify certain protections in the Chula Vista Municipal Code related to federal
government access to non-public areas of City property or certain City resources without judicial warrant;
limiting cooperation with federal task forces; prohibiting City and other City-funded organizations from
collecting and sharing certain personal data; and requiring transparency including public reporting on
federal collaboration.
This item is responsive to that referral.
ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act
(CEQA), and it has been determined that the activity is not a “Project” as defined under Section 15378 of the
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P a g e | 2
State CEQA Guidelines, because it will not result in a physical change in the environment. Therefore, pursuant
to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On November 18, 2025, the Chula Vista City Council adopted Resolution 2025-191 (Attachment 1) affirming
the City’s commitment to due process, public safety and neighborly responsibility through the Good Neighbor
Policy. This resolution establishes a public education campaign and supports initiatives that build trust and
promote transparency, ensures that City facilities, programs, and partnerships are not used to facilitate
discrimination or violate individual rights under state and federal law, and affirms that every resident,
regardless of immigration status or personal circumstance, deserves due process, safety, and dignity in their
interactions with government and law enforcement.
On February 2, 2026, the City Council made a referral to the City Manager to present the City Council with an
ordinance for consideration that codifies certain protections in the Chula Vista Municipal Code related to the
same.
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
Current-year fiscal impact are included in the fiscal year 2025-26 budget based on existing staff time and
material costs required to implement directives.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this action.
ATTACHMENTS
1. Resolution 2025-191
2. Ordinance
Staff Contact: Adrianna Relph, Special Projects & Legislative Manager
Tiffany Allen, City Manager
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RESOLUTION NO. 2025-191
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AFFIRMING THE CITY'S COMMITMENT TO
DUE PROCESS, PUBLIC SAFETY, AND NEIGHBORLY
RESPONSIBILITY THROUGH THE GOOD NEIGHBOR
POLICY
WHEREAS, the City of Chula Vista values every resident and upholds United States and
California constitutional protections of privacy, dignity, and due process; and
WHEREAS, Federal enforcement actions targeting individuals for their immigration status
or identity create fear and undermine local trust in public institutions; and
WHEREAS, on November 4, 2025, the City Council unanimously directed staff to draft a
Resolution memorializing actions and direction intended to enhance trust within the community
regarding the Federal Government’s immigration enforcement activities (Good Neighbor
Resolution); and
WHEREAS, this Good Neighbor Resolution establishes a public education campaign and
support initiatives that build trust and promote transparency, ensures that City facilities, programs,
and partnerships are not used to facilitate discrimination or violate individual rights under state
and federal law, and affirms that every resident, regardless of immigration status or personal
circumstance, deserves due process, safety, and dignity in their interactions with government and
law enforcement; and
WHEREAS, cities across the region have considered and implemented certain protections
to ensure that no city resource is used to facilitate discriminatory enforcement action; and
WHEREAS, Chula Vista is home to a diverse, binational, and multilingual community that
deserves transparent and humane governance; and
WHEREAS, the City Council desires to reinforce Chula Vista’s identity as an inclusive,
law-abiding, and welcoming community; and
WHEREAS, adoption of this Good Neighbor Resolution will affirm Chula Vista’s
commitment to ensuring that no City policy or action contributes to discriminatory enforcement
practices.
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Resolution No. 2025-191
Page No. 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it adopts the Good Neighbor Resolution affirming Chula Vista's commitment to remain a City
that protects residents' rights, respects privacy, and builds trust between government and
community, and authorizes and directs the City Manager to:
1. Ensure that City policies, practices, and partnerships align with state and federal
laws protecting personal privacy, due process, and non-discrimination;
2. Develop a public education campaign regarding immigration consisting of
disseminating "Know Your Rights" information and material through various
communication mediums;
3. Work with the City Attorney to establish procedures for police responses to federal
and out-of-state immigration enforcement requests and related public disclosure;
4. Work with the City Attorney to require that future City contracts prohibit disclosure
of personal data in cooperation with discriminatory enforcement actions;
5. Prohibit access to non-public areas of City facilities for the purpose of carrying out
law enforcement activity where the alleged criminal activity is a protected personal
characteristic unless expressly authorized by statute, judicial warrant, or court
order; and
6. Explore funding partnerships with local nonprofits for crisis relief, case
management, and legal aid services.
SIGNATURES ON FOLLOWING PAGE]
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Resolution No. 2025-191
Page No. 3
Presented by Approved as to form by
Tiffany Allen Marco A. Verdugo
City Manager City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 18th day of November 2025 by the following vote:
AYES: Councilmembers: Chavez, Fernandez, Inzunza, and Preciado
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: McCann
John McCann, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2025-191 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 18th day of November 2025.
Executed this 18th day of November 2025.
Kerry K. Bigelow, MMC, City Clerk
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C:\Program Files\eSCRIBE\TEMP\17573436284\17573436284,,,Attachment 2 - Ordinance - Chapter 2.19 Due Process and Safety in City Facilities.docx
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 2.19 (DUE PROCESS AND SAFETY IN CITY
FACILITIES) RELATING TO LAW ENFORCEMENT ACCESS
TO CITY FACILITIES
WHEREAS, the City of Chula Vista values every resident and upholds United States and
California constitutional protections of privacy, dignity, and due process; and
WHEREAS, federal enforcement actions targeting individuals for their immigration status
or identity create fear and undermine local trust in public institutions; and
WHEREAS, on November 18, 2025, the Chula Vista City Council adopted Resolution No.
2025-191 affirming the City’s commitment to due process, public safety, and neighborly
responsibility through the Good Neighbor Policy; and
WHEREAS, the City of Chula Vista is further committed through its actions to ensure that
no City facility, program, or partnership is used to facilitate discrimination, or to violate an
individual’s rights under federal or state law.
NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. All of the above statements are true and incorporated herein.
Section II. Chapter 2.19, Due Process and Safety in City Facilities, is hereby added to the
Chula Vista Municipal Code and shall read as follows:
Chapter 2.19
DUE PROCESS AND SAFETY IN CITY FACILITIES
2.19.010 Title.
This chapter is known as the “Due Process and Safety in City Facilities Ordinance,” and may be
cited as such and will be referred to herein as “this chapter.”
2.19.020 Purpose and intent.
The purpose of this chapter is to demonstrate the City’s commitment, through its actions and
training of City employees and contractors, to ensure that City facilities, programs, and
partnerships are not used to facilitate discrimination of any kind, violations of Constitutional rights,
or unauthorized enforcement against vulnerable communities. It is further the intent to provide
clear direction to City employees and contractors to comply with state and local protections
safeguarding the rights of all individuals regardless of their immigration status. These protections
recognize fundamental rights to privacy, freedom of expression, and equal treatment under the
law.
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Ordinance
Page 2
2.19.030 Definitions
For the purposes of this chapter, the following definitions apply:
“Agency” means federal and state agencies, counties, cities, districts, local agencies, joint power
authorities, non-profit corporations wholly owned by a public agency, and any quasi-public entity
that the City Council may designate by resolution.
“City” means the City of Chula Vista.
“City Agreement” means a contract for services, public works contract, a lease of City Property,
or a grant advertised and awarded by the City after the effective date of this Chapter to any person
that is not an Agency.
“City Facility” means City Property where the City exercises daily control over access to the real
property, including offices, maintenance areas, operation yards, employee workplaces, restricted
zones, construction sites, and administrative facilities.
“City Property” means real property that the City owns in fee or that is leased and occupied by the
City.
“Federal Law Enforcement Agency Personnel” means any employee, contractor, or agent of a
department or Agency of the United States government who is engaged in Law Enforcement
Activity.
“ICE Access” has the same meaning as in California Government Code section 7283(d) as may be
amended.
“Immigration Enforcement” has the same meaning as in California Government Code section
7284.4(f), as may be amended.
“Joint Law Enforcement Task Force” has the same meaning as in California Government Code
7284.4(g).
“Law Enforcement Activity” means any action conducted by government personnel or any
individual acting under color of law for the purpose of enforcing criminal, civil, immigration, or
regulatory laws, including federal laws and laws of other states. This includes surveillance,
investigation, detention, questioning, arrest, execution of warrants, collection or sharing of
personal data, or facilitation of legal process such as subpoenas or transfer requests.
“Non-Public Area” means any space on real property that is not generally accessible to the public.
“Out-of-State Law Enforcement Personnel” means any law enforcement agent, officer, employee,
attorney, investigator, or contractor acting under the authority of another state or its subdivisions
who is engaged in Law Enforcement Activity.
“Private Party Acting Under Color of Law Enforcement Authority” means any individual or group
not employed by a government Agency who:
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Ordinance
Page 3
a. Claims, implies, or presents themselves as having legal authority to conduct Law
Enforcement Activity;
b. Is contracted, deputized, or otherwise authorized by a federal Agency or out-of-state
jurisdiction to engage in law enforcement activity within California; or
c. Engages in surveillance, detention, questioning, or information gathering in a manner
that imitates or substitutes for official Law Enforcement Activity.
2.19.040 Access to City Facilities
Federal Law Enforcement Agency Personnel, Out-of-State Law Enforcement Personnel, and
private parties acting under the color of law enforcement authority shall not voluntarily be given
access to any Non-Public Area of a City Facility for the purpose of carrying out law enforcement
activities where the alleged criminal activity is based on immigration status unless access is
required by law or by a judicially issued warrant or court order.
This section does not prohibit access to City facilities by Federal Law Enforcement Agency
Personnel or Out-of-State Law Enforcement Personnel in response to an imminent threat to life or
public safety pursuant to a narrowly tailored policy adopted by the City Manager.
2.19.050 Guidelines for Upholding Civil Rights in City Operations
A. Unless otherwise required by law, the City should not:
1. Transmit or share data related to immigration status unless such transmission or sharing
is necessary for Law Enforcement Activity where the alleged criminal activity is not
based on immigration status.
2. Participate in a joint operation, task force, or patrol that involves, in whole or in part,
an Immigration Enforcement action.
B. Subsection (A), above, does not prohibit:
1. The City’s participation in a Joint Law Enforcement Task Force, if the task force is
not related to Immigration Enforcement activity; or
2. Cooperation with Federal Law Enforcement Agency Personnel or Out-of-State Law
Enforcement Personnel in response to an imminent threat to life or public safety. The
City’s cooperation shall be narrowly tailored to respond to the imminent threat to life
or public safety.
2.19.060 Contractor and Vendor Compliance
For all City Agreements advertised and executed on or after the effective date of this Ordinance,
contractors, lessees, and grantees must comply with the following requirements, where applicable:
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Ordinance
Page 4
A. Compliance with all applicable State laws relating to cooperation with law enforcement;
B. Maintaining any information relating to immigration status received or obtained as part of
its performance of the City Agreement confidential, and prohibiting the sharing or
transmitting of such information to any third party unless required to do so under federal,
State or local law, or to perform the City Agreement;
C. The provisions of subsections A and B to be included in any subcontracts entered into
related to the performance of the City Agreement;
D. For agreements to provide services to City residents or handle personal information of City
residents, notice to the City within five business days of any request from federal law
enforcement personnel, Out-of-State Law Enforcement Personnel, or a private party acting
under the color of law enforcement authority for assistance with any Immigration
Enforcement activity.
2.19.070 Notice Requirements
A. Signage
The following requirements shall apply to any City Facility providing services to the public
which contain Non-Public Areas:
1. The City Manager shall post signage at Non-Public Areas of City facilities stating that
access is restricted to authorized personnel only or as required by a judicial warrant or court
order.
2. Signage shall contain a QR code directing the public to information regarding individual
rights related to this Chapter, available in multiple languages, on City website.
2.19.080 Reporting Requirements
A. The City Manager shall provide a written report to the City Council by the end of each
fiscal year with the following information from the preceding calendar year:
1. A summary of the City’s participation in Joint Law Enforcement Task Forces as
described in California Government Code section 7284.6(c)(1) and as required by state
law.
a. The City Manager shall not include information in the report that would
endanger the safety of a person involved in an investigation or the successful
completion of the investigation or a related investigation, or the disclosure of
which is prohibited or exempt under federal or state law.
2. A summary of any changes to federal or state law that affect the Chula Vista Police
Department’s ability to participate in a Joint Law Enforcement Task Force.
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Page 5
3. A summary of any known Law Enforcement Activity by Federal Law Enforcement
Agency Personnel, Out-of-State Law Enforcement Personnel, or a Private Party Acting
Under Color of Law Enforcement Authority involving any person for Immigration
Enforcement purposes within the jurisdiction of the City.
4. A summary of the Transparent Review of Unjust Transfers and Holds (TRUTH) Act
forum held by the City under California Government Code section 7283.1(d), including
the place and time that the forum was held, and a general description of the information
that was presented by the City, if during the reporting period, the City provided ICE
Access to a person in the custody of the Chula Vista Police Department.
B. If the Chula Vista Police Department responds to a call for service related to Law
Enforcement Activity by Federal Law Enforcement Agency Personnel, Out-of-State Law
Enforcement Personnel, or a Private Party Acting Under Color of Law Enforcement
Authority, the Chief of Police shall issue a publicly available incident report within three
business days of the response.
a. The report shall include:
i. The names of all agencies present;
ii. Whether a judicial warrant was presented by any Agency to the Chula Vista
Police Department; and
iii. Any available identifying information of the law enforcement personnel
involved, such as badge numbers, and Agency designations, or the Private
Party Acting Under Color of Law Enforcement Authority.
Section III. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section IV. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section V. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
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Ordinance
Page 6
Section VI. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
Tiffany Allen Marco A. Verdugo
City Manager City Attorney
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