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HomeMy WebLinkAbout2026/11/17 Agenda Packet Date:Tuesday, November 17, 2026, 5:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA REGULAR CITY COUNCIL MEETING Watch live in English and Spanish: chulavistaca.gov/councilmeetings or Cox Ch. 24 (English only). Free Spanish interpretation is available on-site. _______________________________________________________________________________________ Watch the Meeting. City Council meetings may be viewed live or recorded in English or Spanish at chulavistaca.gov/councilmeetings. To view in Spanish, click "ES" at the bottom of the webpage. Closed captioning is available in both languages. Register to Speak In Person or Remotely. Register to speak in person or remotely at https://publiccomment.chulavistaca.gov starting at 8:00 a.m. on Monday before the meeting. In-person speakers may also register at the meeting. Remote speakers must register using the same phone number they will use to call into the meeting; this phone number is used to identify and call on remote speakers during the meeting. Remote participants may call (619) 679-9952 to listen to the meeting and/or await their opportunity to speak. Requests to speak must be submitted before the close of the public comment period for the applicable agenda item or before the close of the general public comment period for non-agenda items. Written Comments. Written comments may be submitted online at chulavistaca.gov/councilmeetings. Written comments may also be submitted by email to cityclerk@chulavistaca.gov. Written comments must be received no later than 12:00 p.m. on the day of a regular meeting or three hours before the start of a special meeting. Time Allotted for Speaking. Speaker time is subject to change by the Presiding Officer or City Council. Individuals using interpretation services will be allotted twice the time otherwise provided. - Consent Calendar, including one or more items: 3 minutes - Agenda Items not on the Consent Calendar: 3 minutes - General Public Comment for matters not on the agenda: 3 minutes General Public Comment. The first seven registered speakers will be heard during the first general public comment period. If additional speakers are registered, they will be heard during the continued general public comment period. If all registered speakers address the City Council during the first general public comment period, there will be no continued period. Agenda Packet and Meeting Materials. The agenda packet, including staff reports, draft resolutions and ordinances, and other backup materials, is available at chulavistaca.gov/councilmeetings and at the City Clerk's Office. Accessibility, Translation, and Interpretation Assistance. 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. In accordance with applicable state law, the City will also provide reasonable assistance to members of the public who wish to translate the meeting into another language or receive interpretation provided by another member of the public. Providing at least 48 hours' notice will help ensure that reasonable arrangements can be made. Gov. Code § 84308 Regulations. Government Code section 84308 is intended to promote transparency and fairness in governmental decision-making by limiting certain campaign contributions involving proceedings for a "license, permit, or other entitlement for use," as defined in the Political Reform Act. For agenda items subject to these regulations, parties to the proceeding must disclose any campaign contribution over $500, aggregated, made within the preceding 12 months by the party, their agent, or others whose contributions must be aggregated under Government Code section 82015.5. The disclosure must identify the contributor and the amount contributed. An agenda notation stating "G.C. § 84308 Regulations Apply: Yes" means the item is subject to these regulations. Pages City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 2 of 406 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.SPECIAL ORDERS OF THE DAY 4.1 Presentation of a Proclamation to Coach John W. Salts for Over 30 Years of Dedicated Service, Coaching Excellence, and Youth Mentorship in the City of Chula Vista 5.CONSENT CALENDAR (Items 5.1 through 5.5) Consent calendar items are considered together and acted upon by one motion. There is no separate discussion of these items unless 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. 5.1 Waive Reading of Text of Resolutions and Ordinances RECOMMENDED ACTION: Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.2 Contract Award: Accept Bids and Award Public Works Contracts for Job Order Contract (JOC) General Surface Improvements – North Region to Romero General Construction Corp. and South Region to Pavement Coatings Co. 8 Report Number: 26-0348 Location: No specific geographic location, Citywide with the L Street/Telegraph Canyon Road/Otay Lakes Road as the defining line between North and South Region contracts Department: Engineering & Capital Projects G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the State California Environmental Quality Act (CEQA) Guidelines. Therefore, pursuant to State CEQA Guidelines Section 15060(c)(3), no environmental review is required. RECOMMENDED ACTION: Adopt a resolution (A) accepting bids for the Job Order Contract (“JOC”) General Surface Improvements project; (B) awarding the North Region public works contract to Romero General Construction Corp.; and (C) awarding the South Region public works contract to Pavement Coatings Co. City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 3 of 406 5.3 Agreements: Approve Consultant Services Agreements with Three Geotechnical Consultants to Provide On-Call Geotechnical, Materials Testing and Special Inspection Consultant Services 23 Report Number: 26-0328 Location: No specific geographic location Department: Engineering & Capital Projects G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the State of California Environmental Quality Act (CEQA) Guidelines. Therefore, pursuant to State CEQA Guidelines Section 15060(c)(3), no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving consultant services agreements with Christian Wheeler Engineering, Ninyo & Moore Geotechnical & Environmental Sciences Consultants, and Twining, Inc., to provide on-call geotechnical, materials testing, and special inspection engineering consultant services. 5.4 Agreements: Approve Agreements with Rancho Santiago Community College District and Arogya Med Care for Chula Vista Fire Department Wellness and Laboratory Services 304 Report Number: 26-0272 Location: No specific geographic location Department: Fire G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the State California Environmental Quality Act (CEQA) Guidelines. Therefore, pursuant to State CEQA Guidelines Section 15060(c)(3), no environmental review is required. RECOMMENDED ACTION: Adopt resolutions: A) approving an agreement with Rancho Santiago Community College District, on behalf of Santa Ana College, for Fire Department wellness services, including fitness assessments, lectures and workshops, professional consultations, and coordination of medical and laboratory services; and B) approving an agreement with Arogya Med Care for laboratory and testing services. City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 4 of 406 5.5 Board, Commission, and Committee Terms: Accept the Local Appointments List of Terms Expiring in 2027 363 Report Number: 26-0350 Location: No specific geographic location Department: City Clerk G.C. § 84308 Regulations Apply: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required. RECOMMENDED ACTION: Adopt a resolution accepting the 2027 Local Appointments List for board, commission, and committee terms expiring in calendar year 2027. 6.PUBLIC COMMENTS Twenty-one minutes are scheduled for the public to address the City Council for three minutes each on any matter within the jurisdiction of the City Council that is not on the agenda. The remaining speakers, if any, will be heard during the continued Public Comment period. 7.ACTION ITEMS 7.1 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. 7.2 Homelessness Services Update: Receive an Update on Homelessness Services, Programs and Regional Collaboration for Fiscal Year 2026 377 Report Number: 26-0356 Location: No specific geographic location Department: Housing and Homeless Services 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: Receive a presentation regarding the City of Chula Vista’s homelessness response activities and accomplishments. City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 5 of 406 7.3 Agreement and Appropriation: Approve a Consultant Services Agreement with Citygate Associates, LLC for the Chula Vista Fire Department Master Planning Services and Strategic Plan, and Appropriate Funds 379 Report Number: 26-0334 Location: No specific geographic location Department: Fire G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the State California Environmental Quality Act (CEQA) Guidelines. Therefore, pursuant to State CEQA Guidelines Section 15060(c)(3), no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving an agreement with Citygate Associates, LLC for Fire Department master planning services and strategic plan for a not-to-exceed amount of $250,000 and appropriating funds for that purpose. (4/5 Vote Required) 8.PUBLIC COMMENTS (CONTINUED) There will be no continued Public Comment period if all speakers present at the first Public Comment period are heard. 9.CITY MANAGER’S REPORTS 10.MAYOR’S REPORTS 11.COUNCILMEMBERS’ REPORTS 12.CITY CLERK'S REPORTS 13.CITY ATTORNEY'S REPORTS 14.CLOSED SESSION Announcements of actions taken in closed session shall be made available by noon on the next business day following the City Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7) 14.1 Public Employee Appointment: Pursuant to Government Code Section 54957(b) Title: Assistant City Manager City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 6 of 406 15.ADJOURNMENT to the regular City Council meeting on December 8, 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. We encourage community participation - sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 7 of 406 v . 0 0 5 P a g e | 1 November 17, 2026 ITEM TITLE Contract Award: Accept Bids and Award Public Works Contracts for Job Order Contract (JOC) General Surface Improvements – North Region to Romero General Construction Corp. and South Region to Pavement Coatings Co. Report Number: 26-0348 Location: No specific geographic location, Citywide with the L Street/Telegraph Canyon Road/Otay Lakes Road as the defining line between North and South Region contracts Department: Engineering & Capital Projects G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the State California Environmental Quality Act (CEQA) Guidelines. Therefore, pursuant to State CEQA Guidelines Section 15060(c)(3), no environmental review is required. Recommended Action Adopt a resolution (A) accepting bids for the Job Order Contract (“JOC”) General Surface Improvements project; (B) awarding the North Region public works contract to Romero General Construction Corp.; and (C) awarding the South Region public works contract to Pavement Coatings Co. SUMMARY On October 7, 2026, the Director of Engineering and Capital Projects received six (6) sealed bids for the Job Order Contract (“JOC”) General Surface Improvements (“GSI”) project. After completing the review of the bids, staff recommends awarding the North Region public works contract to Romero General Construction Corp., the lowest responsive and responsible bidder, and the South Region contract to Pavement Coatings Co., the second lowest responsive and responsible bidder. For purposes of these contracts, the North Region is defined as north of and including L Street/Telegraph Canyon Road/Otay Lakes Road (east of La Media Road), within the City of Chula Vista city limits. The South Region includes areas south of this boundary line, within city limits. Page 8 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda P a g e | 2 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. This determination is predicated on State CEQA Guidelines Section 15004 which provides direction to lead agencies on the appropriate timing for environmental review. The future projects resulting from implementation of the JOC – GSI, North Region and JOC – GSI, South Region contracts will require environmental review and preparation of appropriate documentation in accordance with applicable state requirements, including CEQA and applicable provisions of the City Municipal Code. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Per the City of Chula Vista’s Municipal Code, Section 2.56.145, the JOC GSI was created to bring a contractor on board for general surface improvement projects. The scope of work includes but is not limited to pavement resurfacing, concrete work, trench restoration, cabling, conduits, vaults, traffic control, protection and restoration of existing improvements, and a variety of detailed repair and construction tasks identified in the City’s Unit Price Book (“UPB”). To expedite delivery of the City’s street improvement projects, the City is recommending award of two geographically separate contracts to the two lowest responsive and responsible bidders. The contracts are JOC – GSI, North Region contract and JOC – GSI, South Region contract. The North Region is defined as north of and including L Street/Telegraph Canyon Road/Otay Lakes Road (east of La Media Road), within the City of Chula Vista city limits. The South Region includes areas south of this boundary line, within City limits. Utilizing two contractors will increase the City’s construction capacity and allow more projects to advance concurrently, supporting more timely improvements to street conditions throughout the City. Bidding Process: On September 4, 2026, the Engineering and Capital Projects Department advertised the project and received six (6) sealed bids on October 7, 2026. The JOC award is based on the lowest Composite Adjustment Factor (“CAF”), which is calculated based on the bidder’s proposed pricing for work performed during normal and non-normal working hours. The bid CAFs from the bidding contractors are as follows: Page 9 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda P a g e | 3 The low CAF bid by Romero General Construction Corp. is a 1.1337 adjustment factor on the City’s fixed bid item prices identified in the UPB. Romero General Construction Corp. is currently an active licensed Class “A”, General Engineering Contractor (License No. 657359). The second low CAF bid by Pavement Coatings Co. is a 1.1397 adjustment factor on the City’s fixed bid item prices identified in the UPB. Pavement Coatings Co. currently holds an active Class “A”, General Engineering Contractor license and a Class “C32”, Parking and Highway Improvement Contractor license (License No. 303609). Romero General Construction Corp. and Pavement Coatings Co. have performed similar work in the region with satisfactory performance. Staff recommends awarding the JOC – GSI, North Region contract to Romero General Construction Corp. and awarding the JOC – GSI, South Region contract to Pavement Coatings Co.. Disclosure Statement Attachment 1 is a copy of Romero General Construction Corp.’s Disclosure Statement. Attachment 2 is a copy of Pavement Coatings Co.’s Disclosure Statement. Wage Statement The Contractor that is awarded each contract and its subcontractors are required to pay prevailing wages to persons employed by them for work under this contract. The prevailing wage scales are those determined by the Director of Industrial Relations, State of California. Subsequent task orders are subject to the Project Labor Agreement (PLA) should the task order exceed $1,000,000. Task orders that are $999,999 and below are not subject to the PLA but are subject to prevailing wage requirements. Contract Terms The estimated construction cost for this project is $30,000,000. The estimated construction cost for the North Region is $15,000,000 and the estimated construction cost for the South Region is $15,000,000. The term of each contract is 36 months for the issuance of task orders or the expenditure of the $15,000,000 per contract maximum contract amount, whichever occurs first. All work pursuant to any task order issued shall be completed within the time frame specified on the task order notice to proceed. The total time for the issuance of tasks and completion of the associated work shall not exceed five (5) years from the date of contract execution. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. Page 10 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda P a g e | 4 CURRENT-YEAR FISCAL IMPACT Approval of the resolution will award JOC – GSI North Region contract to Romero General Construction Corp. and the South Region contract to Pavement Coatings Co. Expenditures under these contracts will be authorized through individual task orders and funded through existing appropriations in the applicable Capital Improvement Program (CIP) project budgets. No additional appropriations are requested, and there is no impact to the General Fund as a result of this action. ONGOING FISCAL IMPACT Approval of the resolution will have no immediate ongoing fiscal impact. Upon completion of task orders issued under the JOC – GSI, North Region and South Region contracts, the resulting improvements will require routine maintenance, which will be incorporated into the Public Works routine maintenance program and funded annually through the department’s operating budget. No additional ongoing funding is anticipated as a result of this action. ATTACHMENTS 1. Romero General Construction Corp. Disclosure Statement 2. Pavement Coatings Co. Disclosure Statement 3. North Region / South Region map 4. Romero General Construction Corp. UPB sheet 5. Pavement Coatings Co. UPB sheet Staff Contact: Luis Schaar, Director of Engineering and Capital Projects/City Engineer Rosina Flores, Assistant Director of Engineering and Capital Projects Nolan Huelsman, Principal Civil Engineer Page 11 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Form Rev 9/30/2025 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (A) ACCEPTING BIDS; (B) AWARDING A CONTRACT FOR THE JOC – GSI, NORTH REGION TO ROMERO GENERAL CONSTRUCTION CORP.; AND (C) AWARDING A CONTRACT FOR THE JOC – GSI SOUTH REGION TO PAVEMENT COATINGS CO. WHEREAS, per the City of Chula Vista Municipal Code, Section 2.56.145, the Job Order Contract (“JOC”) General Surface Improvements (“GSI”) was created to bring a contractor on board for general surface improvement projects; and WHEREAS, the JOC – GSI contract has been split into two (2) regions, North Region is defined as north of and including L Street/Telegraph Canyon Road/Otay Lakes Road; and WHEREAS, South Region is defined as south of L Street/Telegraph Canyon Road/Otay Lakes Road; and WHEREAS, on September 4, 2026, the Department of Engineering and Capital Projects solicited bids for the JOC – GSI project in accordance with Chula Vista Municipal Code section 2.56.160.A; and WHEREAS, on October 7, 2026, the Director of Engineering and Capital Projects received six (6) sealed bids for the JOC – GSI project; and WHEREAS, the award is based on the lowest Composite Adjustment Factor (“CAF”); and WHEREAS, staff has determined that the bid submitted by Romero General Construction Corp. is responsive in all material respects to the bid specifications/requirements and that Romero General Construction Corp. is the lowest responsive and responsible bidder; and WHEREAS, staff recommends awarding the JOC – GSI, North Region contract to Romero General Construction Corp. with their 1.1337 CAF; and WHEREAS, staff has determined that the bid submitted by Pavement Coatings Co. is responsive in all material respects to the bid specifications/requirements and that Pavement Coatings Co. is the second lowest responsive and responsible bidder; and WHEREAS, staff recommends awarding the JOC – GSI, South Region contract to Pavement Coatings Co. with their 1.1397 CAF; and WHEREAS, the term of each Contract is 36-months for the issuance of task orders or the maximum contract amount has been expended; and Page 12 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Resolution No. Page 2 WHEREAS, the maximum contract amount for each contract shall not exceed $15,000,000; and WHEREAS, all work pursuant to any Task Order shall be completed within the time frame specified on the Task Order and in no instance shall Task Order completion exceed five (5) years from the date of contract execution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: A. Accepts bids for the JOC – GSI project. B. Awards the public works contract for the JOC – GSI, North Region to Romero General Construction Corp. with their 1.1337 CAF, and authorizes and directs the City Manager to execute same. C. Awards the public works contract for the JOC – GSI, South Region to Pavement Coatings Co. with their 1.1397 CAF, and authorizes and directs the City Manager to execute same. Presented by Approved as to form by Luis Schaar, PE Marco A. Verdugo Director of Engineering & Capital Projects/ City Attorney City Engineer Page 13 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 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. Romero General Construction Corp. 2. 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. Marcus Nelson Jeffrey Rohring 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. Marcus Nelson Jeffrey Rohring David A. Donnelly 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 4903-2946-8357 v2 28 Q: l_Resourcesuob Order Contracts (JOG) ICCVJOCl2026-0902 Advertise\CCV JOCJmnal.docx Rev. 9/3/2026 Page 14 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda If Yes, briefly describe the nature of the financial interest the official** may have in this contract. i'I 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? 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: September 30, 2026 Romero General Construction Corp. Name of Company, Firm or Entity Signature of Contractor/Applicant David A. Donnelly Print or type name of Contractor/Applicant Vice President Title 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. 4903-2946-8357 v2 29 Q:I_ResourcesLlob Order Contracts (JOc, ICCV JOC12026-0902 Advertise\CCVJOC nal.docx Rev. 9/3/2026 Page 15 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 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. None 2. 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. None 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. None 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. None 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 None 4903-2946-8357 v2 28 Q: LResourcesUob Order Contracts (JOC) ICCV JOC2026-0902 Advertise ICCV JOCJrna1.docx Rev. 9/3/2026 Page 16 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda f Yes, briefly describe the nature of the financial interest the official** may have in this contract. None 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? None Date: 9/30/2026 Contractor/Applicant Pavement Coatings Co. Name of Company, Firm or Entity James Wu Print or type name of Contractor/Applicant Vice President/Secretary Title 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. 4903-2946-8357 v2 29 Q:I_Resources\ob Order Contracts (JOC)ICCV JOCI2026-0902 Advertise\CCVJOCJinal.docx Rev. 9/3/2026 Page 17 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda North Area: north of and including L street, Telegraph Canyon Road, and Otay Lakes Road east of La Meda Road South Area: south of L street, Telegraph Canyon Road, and Otay Lakes Road east of La Meda Road Telegraph Canyon Road Otay Lakes Road L Street Page 18 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 1337 1.1337 Page 19 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 20 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda ity of Chula Vista Job Order Contract (JOC) General Surface Improvements Bid Proposal & Unit Price Book (UPB) I/We agree to the construction of Job Order Contract (JOC) General Surface Improvements at various locatoins for the City of Chula Vista, in accordance with these contract documents for the prices listed below multipled by the respective Adjustment Factors Bidder Company: Pavement Bidder Name: James Bidder Signature: Date: 913 N202 Normal Working Hours (NW,H) A J unIent Factor: Other Than Normal Working flours (OTNWH) Adjustment Factor: Item Description Payment Reference Unit Unit Price 1 Removal, Disposal And Replacement of AC Pavement (AC Digout) 33 Tons 276.00 2 Asphalt Concrete Pavement 30 & 37 Tons 123.00 3 Cold Milling Ac Pavement (3 -inch) 29 SF 0.30 3a Cold Milling Ac Pavement (2 -inch) 29 SF 0.20 4 Type II Rubber Polymer Modified Slurry (RPMS) 37 SF 0.55 5 Crushed Aggregate Base 35 TON 120.00 6 Remove And Replace Type A Curb Ramp 27.3 EA 7,000.00 7 Remove And Replace Type Al Curb Ramp 27.3 EA 7,000.00 8 Remove And Replace Type B Curb Ramp 27.3 EA 6,500.00 9 Remove And Replace Type C Curb Ramp 27.3 EA 6,750.00 10 Remove And Replace Type D Curb Ramp 27.3 EA 6,300.00 11 Remove And Replace Type G Curb And Gutter 27.2 LF 58.00 12 Remove And Replace Monolithic Curb, Gutter And Sidewalk 27.1 SF 57.00 13 Remove And Replace Existing Sidewalk 27.1 SF 12.00 14 Remove and replace existing Cross Gutter And Spandrels 27.5 SF 22.00 15 Remove And Replace Driveway 27.4 SF 34.00 16 Install Vehicle Detection Loops 40.10 & 43 EA 500.00 17 Install Bike Detection Loops 40.10 & 43 EA 500.00 18 Furnish And Install Detector Lead -In Cables 40.10 LF 7.00 19 Furnish and Install Conduit (3" PVC Schedule 80) 40.2, 40.3, 40.5 LF 60.00 20 Furnish and Install Conduit (2" PVC Schedule 80) 40.2, 40.3, 40.5 LF 50.00 1 of2 Page 21 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Item Description PaymentReference Unit Unit Price 21 Thermoplastic Pavement Markings, Legends And Symbols 41 SF 5.00 22 Pavement Striping And Raised Markers 41 LF 0.90 23 Blue Reflector Markers (RPM) at Fire Hydrants 41 EA 45.00 24 New Pedestrian Push Button 40.1 EA 800.00 25 Furnish and Install Type 2 Post 40.1 EA 2,000.00 26 Pedestrian Push button relocation 40.1 EA 500.00 27 Green Paint 41 SF 9.00 28 Red Curb 41 LF 4.00 29 Apply Green Thermoplastic In Bike Lane 41 SF 14.00 30 Furnish And Install Pedestrian Barricade Assembly 40.9 & 45 EA 850.00 31 Remove And Salvage Sign 40.9 & 45 EA 231.00 32 Furnish And Install New Sign 40.9 & 45 EA 181.00 33 Furnish And Install Break -Away Sign Post 40.9 & 45 EA 430.00 34 Remove And Salvage Sign Post 40.9 & 45 EA 242.00 35 Relocate Existing Sign 40.9 & 45 EA 313.00 36 Remove And Replace Sign 40.9 & 45 EA 333.00 37 Remove Tree And Grind Stump 46 EA 4,836.00 38 Trim Tree 46 EA 400.00 39 Root Pruning 46 EA 800.00 40 Crown Reduction 46 EA 800.00 41 Root Barrier 23 EA 800.00 42 Adjust Existing Manhole To Grade 36 EA 1,300.00 43 Adjust Existing Survey Well Monumnent To Grade 20 EA 1,000.00 44 Furnish And Install Thermoplastic Storm Drain Stencil 21 EA 80.00 45 Crack Sealing 32 LB 20.00 46 Best Management Practices 25 LS 3% 47 Public Safety And Convenience (Traffic Control) 44 LS 2% 48 Oil Price Index Fluctuation (EOC Type I) Values 34 AL By Task 2 of 2 Page 22 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda v . 0 0 5 P a g e | 1 November 17, 2026 ITEM TITLE Agreements: Approve Consultant Services Agreements with Three Geotechnical Consultants to Provide On- Call Geotechnical, Materials Testing and Special Inspection Consultant Services Report Number: 26-0328 Location: No specific geographic location Department: Engineering & Capital Projects G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the State of California Environmental Quality Act (CEQA) Guidelines. Therefore, pursuant to State CEQA Guidelines Section 15060(c)(3), no environmental review is required. Recommended Action Adopt a resolution approving consultant services agreements with Christian Wheeler Engineering, Ninyo & Moore Geotechnical & Environmental Sciences Consultants, and Twining, Inc., to provide on-call geotechnical, materials testing and special inspection engineering consultant services. SUMMARY The City has historically maintained on-call consulting services agreements for recurring specialty services needed to support the design and construction of the City’s Capital Improvement Program (CIP) and other projects. On August 21, 2026, the Engineering & Capital Projects Department publicly advertised a request for proposals/qualifications for on-call geotechnical, materials testing and special inspection engineering consultant services. After receiving and evaluating 10 proposals, including consultant interviews, the City’s selection committee is recommending approval of three on-call geotechnical, materials testing and special inspection engineering consultant services agreements. 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. Page 23 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda P a g e | 2 This determination is predicated on State CEQA Guidelines Section 15004 which provides direction to lead agencies on the appropriate timing for environmental review. The future tasks resulting from implementation of the on-call agreement may require environmental review and preparation of appropriate documentation in accordance with applicable state requirements, including CEQA and applicable provisions of the City Municipal Code. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City requires geotechnical, materials testing and special inspection engineering services for projects built with both public and private funds to ensure the quality of materials and construction methods used meets the City’s specifications and design requirements. The design and construction of public works infrastructure improvements and buildings require the use of quality materials and construction methods to ensure facility longevity and useful life. The City’s quality assurance program requires timely inspections by both qualified City personnel and Consultant specialty inspectors, and the testing of soils and other construction materials using Consultant materials testing laboratories. Consultant Selection Process On August 21, 2026, the City released Request for Proposals (RFP)/Qualifications (RFQ) for on-call geotechnical, materials testing and special inspection engineering consulting services. Ten proposals were received by September 16, 2026, from the following Consultants (listed in alphabetical order):  BW Testing & Inspections LLC  California Testing & Inspections, Inc.  Centurion Consultants, Inc.  Certerra RMA Group  Christian Wheeler Engineering  Fenagh Engineering and Testing  GeoTek CA, Inc.  Ninyo & Moore Geotechnical & Environmental Sciences Consultants  NOVA Services, Inc.  Twining, Inc. A selection committee comprised of City Staff evaluated the proposals. The evaluation process was based on the following criteria:  Understanding of the work to be done and services to be provided  Quality and experience of staff  Experience with similar kinds of work and services  Innovation and deliverables  Cost Proposal/Fee Schedule Page 24 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda P a g e | 3  Compliance with the City’s Project Labor Agreement (PLA) and the California Department of Industrial Relations (DIR) requirements including registration with the State of California Department of Industrial Relations, Division of Labor Standards Enforcement, as a Public Works Contractor. Five consultants were shortlisted and invited to the interview phase of the selection process on October 7, 2026. Based on the proposal and interview, the following are the three highest ranking consultants which are recommended by the selection committee (listed in alphabetical order):  Christian Wheeler Engineering  Ninyo & Moore Geotechnical & Environmental Sciences Consultants  Twining, Inc. Agreement Terms Agreement requirements and fee schedules have been negotiated with the three consultants. Agreements with the selected consultants are attached. Approving the proposed agreements between the City and the three selected consultants will ensure that City staff will obtain timely and cost-effective services to support many types of projects. The initial term for each agreement is through June 30, 2028, with three one-year options to extend. If the extensions are executed, the total term of each agreement is approximately five years. All fees for consultant's services will be paid on a time and materials basis for productive hours at the rates listed in the agreements. The initial term of each agreement includes a not-to-exceed amount of $150,000. If the three one-year options to extend are exercised, the total value of each agreement is a not-to-exceed amount of $450,000. All costs for consultant services will be paid from funds already allocated for CIP and other projects. 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 All costs for consultants’ services will be funded by CIP projects or expended directly from developer deposits. Approval of the proposed agreements will result in no current-year fiscal impact to the General Fund. ONGOING FISCAL IMPACT The ongoing fiscal impact will be funded by CIP projects or expended directly from developer deposits. There is no ongoing fiscal impact to the General Fund as a result of this action. Page 25 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda P a g e | 4 ATTACHMENTS 1. Consultant Services Agreement with Christian Wheeler Engineering 2. Consultant Services Agreement with Ninyo & Moore Geotechnical & Environmental Sciences Consultants 3. Consultant Services Agreement with Twining, Inc. Staff Contact: Luis Schaar, Director Engineering and Capital Projects Rosina Flores, Assistant Director Engineering and Capital Projects Nicola Kavanagh, Principal Civil Engineer, Engineering and Capital Projects David Hicks, Senior Civil Engineer, Engineering and Capital Projects Page 26 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Form Rev 9/30/2025 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONSULTANT SERVICES AGREEMENTS FOR ON-CALL GEOTECHNICAL, MATERIALS TESTING, AND SPECIAL INSPECTION ENGINEERING CONSULTING SERVICES BETWEEN THE CITY AND CHRISTIAN WHEELER ENGINEERING; NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS; AND TWINING, INC. WHEREAS, the City has historically maintained on-call consulting service agreements for recurring specialty services needed to support the design and construction of the City’s Capital Improvement Program (CIP) and other projects; and WHEREAS, the City requires geotechnical, materials testing and special inspection engineering services for projects built with both public and private funds to ensure the quality of materials and construction methods used meets the City’s specifications and design requirements; and WHEREAS, the design and construction of public works infrastructure improvements and buildings require the use of quality materials and construction methods to ensure facility longevity and useful life; and WHEREAS, the City’s quality assurance program requires timely inspections by both qualified City personnel and Consultant specialty inspectors, and the testing of soils and other construction materials using Consultant materials testing laboratories; and WHEREAS, on August 21, 2026, the Engineering & Capital Projects Department publicly advertised a Request for Proposals (RFP) /Qualifications (RFQ) for on-call geotechnical, materials testing and special inspection engineering consulting services; and WHEREAS, on September 16, 2026, the City received t en proposals in response to the RFP/RFQ; and WHEREAS, a Selection Committee comprised of City Staff evaluated the proposals; and WHEREAS, the proposal evaluation process was based on understanding of the work to be done and services to be provided, quality and experience of staff, experience with similar kinds of work and services, innovation and deliverables, cost proposal/fee schedule, and compliance with the City’s Project Labor Agreement (PLA) and the California Department of Industrial Relations (DIR) requirements; and WHEREAS, five Consultants were shortlisted and invited to the interview phase of the selection process; and Page 27 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Resolution No. Page 2 WHEREAS, based on the proposal and interview, the Selection Committee recommends awarding Agreements to the three highest ranking Consultants which are (in alphabetical order) Christian Wheeler Engineering, Ninyo & Moore Geotechnical & Environmental Sciences Consultants and Twining, Inc.; and WHEREAS, the initial term of each Agreement is a not-to-exceed amount of $150,000. If the three one-year options to extend are exercised, the total value of each Agreement is a not-to- exceed amount of $450,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Agreements to provide On-Call Geotechnical, Materials Testing and Special Inspection Engineering Consulting Services between the City and Christian Wheeler Engineering; Ninyo & Moore Geotechnical & Environmental Sciences Consultants; and Twining, Inc. in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute same. Presented by Approved as to form by Luis Schaar, P.E. Marco A. Verdugo Director of Engineering & Capital Projects/ City Attorney City Engineer Page 28 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 1 City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering Rev. 1.20.2026 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH CHRISTIAN WHEELER ENGINEERING TO PROVIDE GEOTECHNICAL, MATERIALS TESTING AND SPECIAL INSPECTION ENGINEERING CONSULTING SERVICES This Agreement is entered into effective as of November 17, 2026 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Christian Wheeler Engineering, A California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City has identified the need for on-call Geotechnical, Materials Testing and Special Inspection Engineering Consulting Services for various Capital Improvement Program (“CIP”) and other projects during the planning, design and construction phases; and WHEREAS, on August 21, 2026 a Request for Proposals/Qualifications for Professional Services for Geotechnical, Materials Testing and Special Inspection Engineering Services was issued; and WHEREAS, on September 16, 2026 10 proposals were received; and WHEREAS, the City Selection Committee determined <<Insert Conultant Name>> as one of three Consultants to provide these services; and WHEREAS, the Consultant selection process was conducted in accordance with Section 2.56.110 of the Chula Vista Municipal Code; and WHEREAS, this Agreement is subject to Prevailing Wages and the City’s Project Labor Agreement. WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. End of Recitals. Next Page Starts Obligatory Provisions.] Page 29 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 2 City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering Rev. 1.20.2026 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and Page 30 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 3 City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering Rev. 1.20.2026 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 1.11 Prevailing Wage Compliance. Consultant and subcontractors shall comply with the state of California’s prevailing wage requirements in accordance with California Labor Code, and all Federal, State, and local laws and ordinances applicable to persons employed by them for public works in a covered work classification. The City has ascertained that general prevailing wage rates may be applicable to all or a portion of the work to be performed for the Required Services. This includes work performed during the design and preconstruction phases of construction including, but not limited to Construction/Building Inspectors, Land Surveying, and Field Soils and Material Testers. When payment of prevailing wages applies to the Required Services the wage rates shall be reimbursed at the minimum rates set by the State of California’s Department of Industrial Relations (DIR). The DIR’s prevailing wage determinations are available online at https://www.dir.ca.gov/OPRL/PWD/. Consultant and its subcontractors shall post a copy of the prevailing rates of wages at each applicable job site and shall make them available to any interested party upon request. The date of the City’s request for a cost proposal for a task order under this Agreement shall be used to determine which published prevailing wage rate applies to the task order. All published wage rates and all predetermined wage rate increases known at the date of the City’s request for a cost proposal shall apply. 1.12 Department of Industrial Relations (DIR) Registration. Pursuant to Labor Code Section 1725.5, the City requires, as applicable, Consultant and subcontractors of any tier to be registered with the DIR for the term of this Agreement. 1.13 Project Labor Agreement. Consultant and subcontractors, regardless of tier, performing any work under this Agreement as defined by California Labor Code section 1720, shall abide by the terms and requirements identified in the attached Exhibit E, Project Labor Agreement (PLA), incorporated into the Agreement by this reference. These terms and requirements include but are not limited to the following: a. Letter of Assent. Consultant and subcontractors agree to be bound by the PLA by submitting a Letter of Assent (PLA Exhibit A) to the City’s Project Labor Coordinator. Consultant shall submit its Letter of Assent as a condition of Agreement award and all applicable subcontractors shall submit their Letters of Assent before starting any covered work on a project. b. Pre-Job Conference. Consultant and subcontractors shall conduct a pre-job conference with the applicable Union(s) at least 14 calendar days before starting any covered work. Consultant is responsible for facilitating and scheduling its own pre-job conference and for facilitating, scheduling, and ensuring that all applicable subcontractors conduct a pre-job conference. Page 31 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 4 City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering Rev. 1.20.2026 Certified Payroll Records. Consultant and subcontractors shall submit weekly certified payroll records including but not limited to a Statement of Compliance signed under penalty of perjury, reflecting the wages of all employees engaged in the work, using the City’s web-based labor compliance software. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Intentionally Omitted. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. Page 32 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 5 City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering Rev. 1.20.2026 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-Consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-Consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the 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: Page 33 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 6 City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering Rev. 1.20.2026 a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 1.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. Page 34 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 7 City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering Rev. 1.20.2026 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits public agency officers from participating in any action related to a contract if such officer receives political contributions totaling more than $500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement by this reference. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior Page 35 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 8 City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering Rev. 1.20.2026 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. Consultant hereby waives any right to remove any action from San Diego County as may otherwise be permitted by California Code of Civil Procedure section 394. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first 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 Page 36 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 9 City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering Rev. 1.20.2026 such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-Consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely Page 37 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 10 City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering Rev. 1.20.2026 responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. 8.11 Exhibits. Each Exhibit attached herein is incorporated by this reference. End of page. Next page is signature page.) Page 38 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 11 City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering Rev. 1.20.2026 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. Christian Wheeler Engineering CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Troy Wilson TIFFANY ALLEN President CITY MANAGER APPROVED AS TO FORM BY: _______________________________ Marco A. Verdugo City Attorney Page 39 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 12 City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering Rev. 1.20.2026 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: David Hicks 1800 Maxwell Road, Chula Vista CA 91911 619-617-6999 dhicks@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: Christian Wheeler Engineering Troy Wilson 3980 Home Ave, San Diego Ca 92105 619-550-1777 twilson@christianwheeler.com For Legal Notice Copy to: Troy Wilson 3980 Home Ave, San Diego Ca 92105 619-550-1777 twilson@christianwheeler.com 2. Required Services A. General Description: Consultant shall provide geotechnical, materials testing and special inspection engineering consulting services at the direction of and to the satisfaction of the City Engineer for CIP and other projects on an on-call basis for each project (each a “Task Order”). The number and scope of Task Orders will vary at the sole discretion of the City. Consultant acknowledges and agrees that the City is not required to request the Consultant to provide any Required Services under this Agreement. Consultant acknowledges and agrees that it is not entitled to any compensation under this Agreement until it has provided Required Services as authorized by a Task Order. Consultant shall provide materials testing laboratory facilities with equipment and personnel qualified to perform sampling and testing including, but not limited to bituminous materials, concrete, rock materials, bedding and backfill material. The materials testing laboratory shall have a documented Quality Assurance Program (“QAP”) in conformance with the City’s 2024 QAP, including but not limited to certification of Page 40 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 13 City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering Rev. 1.20.2026 personnel, and laboratory and field-testing equipment calibrated at least once a year using devices traceable to the National Institute of Standards and Technology. The Consultant shall provide a copy of the QAP annually. Upon City request, provide certified copies of calibration and maintenance records for all instruments and devices utilized in field and laboratory analyses. The City may provide Consultant with reports or data that have been prepared by City staff or other firms. B. Detailed Description: 1. Personnel. Consultant shall provide personnel that are experienced in all areas of geotechnical, materials testing and special inspection engineering. Knowledge of City codes, procedures and regulations including, but not limited to City of Chula Vista Standard Special Provisions, City of Chula Vista Design and Construction Standard Drawings and City of Chula Vista Subdivision Manual, the Greenbook, San Diego Regional Standard Drawings, Caltrans Standard Plans and Specifications and American Society for Testing and Materials standards are required. The City shall have the right to make the determination of the qualifications of individual personnel and shall have the right to require the substitution of non-qualified individuals with qualified personnel. 2. Task Order Proposal. Consultant shall coordinate with the City to identify the scope of work needed for each Task Order, including any required meetings. Consultant shall provide City with a not-to- exceed fee proposal for each Task Order with personnel and material testing hours and rates clearly identified. The City will issue a purchase order for each Task Order. Provide the requested services within three working days after receiving Task Order approval from the City. 3. Scope of Work. Consultant shall provide the following services. 3.1 Geotechnical material testing, soils sampling and inspection in accordance with relevant test methods and standards. 3.2 Inspection of earthwork operations during construction including, but not limited to site preparation for fill placement, sub-drainage system construction, compaction methods and recommendations for unsuitable material removal. 3.3 Express Authorization to Execute Hazardous Waste Documents. The City hereby duly authorizes Consultant as the City’s duly authorized representative for the limited purpose of signing, certifying, and submitting necessary hazardous waste manifests and related environmental documentation as required under applicable federal, state, and local laws in connection with the handling, transportation, and disposal of hazardous waste generated from the project. The Consultant shall exercise this authority in accordance with all applicable federal, state, and laws and regulations and shall maintain records of all such documentation. There shall be no transfer of ownership or generator status of any waste to the Consultant as a result of this authorization. The City may revoke this authorization at any time upon written notice. 3.4 Special inspection services in accordance with the applicable test method and standard, including Chapter 17 of the current California Building Code. 3.5 Prepare plans and specifications, geotechnical reports, engineering technical memorandums and other related documents. 4. Deliverables Standards. Consultant shall make Task Order documentation available to the City when requested. The following deliverables are required: Page 41 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 14 City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering Rev. 1.20.2026 4.1 Provide City with written laboratory sampling and analysis results within three working days after completion of laboratory testing. Email test results to City. 4.2 Provide the following with test reports: 4.2.1 Laboratory name and address 4.2.2 Date sample(s) taken 4.2.3 Location of sample(s) 4.2.4 Date sample(s) received 4.2.5 Test sample unique number 4.2.6 Test method 4.2.7 Test results 4.2.8 Analysis of tests which failed and potential solutions 4.2.9 Photos 4.2.10 Signed report 4.3 Required deliverables specific to Task Order. 5. Software and Methodology. Identify software and methodology used for Task Orders, which shall require advanced approval by the City. At a minimum, use AutoCAD Civil3D 2021 and Bluebeam. 6. Records. Provide the City with all original data, reports, records, etc. of field and laboratory analyses. Maintain copies of all records related to field and laboratory testing performed under each Task Order for a minimum of five years from the date of the sample, measurement, report, etc. This period may be extended during the course of any unresolved litigation or when requested by the City of Chula Vista. 7. Invoices. Provide billing invoices and backup information in compliance with all City procedures. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin Begin Date and end on June 30, 2028 for completion of all Required Services. If the City desires for Consultant to continue to provide Required Services for projects that are in progress at the expiration date of this Agreement, the City may, in its sole discretion, extend the term of this Agreement by administrative amendment to a date needed to complete the Required Services. In any event the extension should not exceed twelve (12) months from the date of the issuance of the remaining Task Order. 4. Compensation: A. Form of Compensation Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: See Exhibit F for Labor Rate and Laboratory Rate Schedules. Page 42 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 15 City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering Rev. 1.20.2026 B. Reimbursement of Costs Invoiced or agreed-upon amounts as follows: Consultant acknowledges and agrees that lodging and per-diem are not reimbursable expenses for work performed within the San Diego region. Consultant acknowledges and agrees that out of region travel time, expenses, lodging, and per-diem will not be reimbursed unless expressly authorized and agreed to in writing in advance by the City for each Task Order. Consultant acknowledges and agrees that when reprographics and courier services are requested by the City, expenses will be reimbursed at cost when performed by a third-party business entity and only when accompanied by a copy of original invoice. Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through June 30, 2028 shall not exceed $150,000. 5. Special Provisions: Permitted Sub-Consultants: See Exhibit G for Approved Sub-Consultants list. Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for three (3) additional terms, defined as a one-year increment or option to extend. 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 3.5 percent for each extension. The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term. The option terms shall be as follows: Option Year 1 – (July 1, 2028 through June 30, 2029): $100,000* Option Year 2 – (July 1, 2029 through June 30, 2030); $100,000* Option Year 3 – (July 1, 2030 through June 30, 2031); $100,000* Amounts duly approved but not encumbered during the original term or previously exercised options to extend may be carried over in the City’s sole discretion to increase the maximum amount during the option Terms. Other: Project Labor Agreement Compliance. Compliance with the PLA is required for all job classifications covered by the PLA Signatory Unions at the time the Agreement is executed. Artificial Intelligence (AI) Policy. Consultant shall be aware of and comply with the terms and requirements identified in the attached Exhibit H, Artificial Intelligence (AI) Policy, incorporated into the Agreement by this reference.) None Page 43 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 16 City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering Rev. 1.20.2026 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form General Liability: Including products and completed operations, personal and advertising injury 2,000,000 per occurrence for bodily injury, personal injury including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 Must be primary and must not exclude Products/Completed Operations Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned Workers’ Compensation Employer’s Liability 1,000,000 each accident 1,000,000 disease policy limit 1,000,000 disease each employee Waiver of Recovery Endorsement Other Negotiated Insurance Terms: Professional Liability, Errors & Omissions at $1,000,000 each occurrence and $2,000,000 aggregate. Page 44 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 17 City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering Rev. 1.20.2026 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some Consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 A. Consultant will not exert influence over the official or contracting decisions of City and is therefore EXCLUDED4 from disclosure. B. Consultant WILL exert influence over the official or contracting decisions of City and their disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) A. Full Disclosure B. Limited Disclosure (select one or more of the categories under which the Contractor shall file): 1. 2. 3. 4. 5. 6. 7. Justification: C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or 866) 275-3772 *2. 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). Page 45 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 18 City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering Rev. 1.20.2026 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: Nicola M. Kavanagh Page 46 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 19 City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering Rev. 1.20.2026 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 $500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The Levine Act does not apply to competitively bid, labor, or personal employment contracts; contracts valued at under $50,000; contracts where no party receives financial compensation; or contracts between two or more agencies. A. The Levine Act (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 $500 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement? YES: If yes, which Officer(s): Click or tap here to enter text. NO: 2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $500 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement? YES: If yes, which Officer(s): Click or tap here to enter text. NO: Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any actions related to the Agreement. 5 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308 Page 47 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda E City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering EXHIBIT E PROJECT LABOR AGREEMENT (PLA) Page 48 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 49 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 50 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 51 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 52 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 53 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 54 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 55 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 56 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 57 of 406 City of Chula Vista - 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City Council November 17, 2026 City Council Agenda Page 104 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 105 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 106 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 107 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 108 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda G City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering EXHIBIT G APPROVED SUB-CONSULTANTS LIST 1. Permitted sub-consultants are as follows: A. None Page 109 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda H City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering EXHIBIT H ARTIFICIAL INTELLIGENCE (AI) POLICY Page 110 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] I. BACKGROUND The City of Chula Vista strives to enhance public services, operational efficiency, and community engagement aided by the responsible use of Artificial Intelligence (“AI”) systems. AI use, including machine learning, predictive analytics, and generative systems can optimize City operations and the provision of public services, so long as implementation accounts for privacy, equity, transparency, security and accountability. Embracing AI responsibly can enhance Chula Vista’s competitiveness, long-term vitality and resident experience. II. PURPOSE This policy establishes standards for the responsible, transparent, and ethical use of AI systems by all City departments, contractors, and partners. It facilitates the City’s use of AI systems for the benefit of the community while safeguarding against potential harm. This policy recognizes that employing AI use for the benefit of the City’s residents, businesses, and visitors can enhance the City’s efforts to improve service delivery and strengthen public trust, as well as cultivate a more innovative and resilient future. III. SCOPE This policy applies to all City departments, offices, elected officials, contractors, vendors, and third-party partners that develop, procure, configure, or use AI systems on behalf of the City. IV. DEFINITIONS 1. AI Inventory: A central, public-facing inventory of AI systems in use at the City that includes the following: project summary, purpose, use policy, vendor, risk level, and responsible department. 2. AI System: Any software, application, hardware, tool, utility or data system that utilizes AI in a way that meaningfully influences outputs, decisions, analysis, or content generation. 3. Algorithm: A series of logical steps through which an agent (typically a computer or software program) turns particular inputs into particular outputs. 4. Artificial Intelligence (AI): A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, determinations, or decisions influencing real or Page 111 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] virtual environments. AI systems use machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through automated analysis, and use model inference to formulate options for information or action or decisions that influence real or virtual environments. 5. Automated Decision System (ADS): An AI-enabled tool that makes or substantially assists in making decisions that impact individuals, programs, services, or public resources without requiring human intervention or judgment. 6. Generative Artificial Intelligence (GenAI): A subset of AI that is algorithmically trained on one or more large data sets and designed to generate new and unique data (e.g., text, pictures, video) in response to a prompt (generally questions, instructions, images, or video) input by the user. 7. Material Change: Any change or modification to an AI System that substantially changes its intended purpose, functionality, capabilities, data sources, risk category or legal, operational, or privacy impacts from those evaluated during the original review and approval. 8. Personally Identifiable Information (PII): Data that a person reasonably expects to remain confidential or private, including but not limited to, their social security number, driver’s license information, state identification card, passport number, military identification number, financial account numbers, debit card number, credit card number, account login credentials, IP address, email address, phone number, home address, precise geolocation at a given time, biometric information, contents of email, contents of mail, contents of text messages, ethnic origin, racial origin, genetic data, medical information, health information, immigration status, philosophical beliefs, political opinions, religious beliefs, sexual orientation, union membership, or membership in any other private organization. For purposes of this policy, PII does not include information recorded, obtained, or disclosed as part of an active criminal investigation, a lawful judicial hearing or process, or in accordance with other legal or statutory requirements, including but not limited to the California Public Records Act. 9. Responsible Official: A designated City employee with the authority and accountability to oversee an AI system’s deployment and operation in compliance with applicable laws and policies. Typically, a City department head or other executive. 10. Surveillance: To observe the movements, behavior, or actions of identifiable individuals, or to gather information that can readily be connected to identifiable individuals for purposes of analysis in accordance with a program or plan, without the knowledge and consent of the observed individuals. Page 112 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] V. POLICY 1. Guiding Principles 1.1. Transparency 1.1.1. The purpose and use of AI systems shall be communicated and disclosed to the public. 1.1.2. A public AI Inventory shall be maintained, listing each AI System’s purpose, vendor, risk level, and responsible department(s). 1.1.3. Departments shall be responsible for determining the threshold above which text generated by an AI system is “substantial,” consistent with the principles outlined in this Policy, the AI Handbook, as well as relevant intellectual property laws. 1.1.4. All images and videos created by GenAI systems must be attributed to the appropriate GenAI system. 1.2. Accountability 1.2.1. Each City department must have a designated Responsible Official accountable for AI system outcomes. 1.2.2. Humans must exercise oversight for all AI-assisted decisions affecting individuals or communities. 1.2.3. Roles and responsibilities govern the deployment and maintenance of AI systems, and human oversight supports adherence to relevant laws and regulations. 1.3. Privacy & Security 1.3.1. The collection, use, retention, and sharing of PII used by AI shall be limited. 1.3.2. No confidential or PII shall be entered into AI Systems without express authorization by AI Coordinator. 1.3.3. Privacy-enhancing techniques (e.g., de-identification, differential privacy, etc.) shall be employed where feasible. 1.3.4. All AI Systems must comply with state and federal data protection laws including, but not limited to, the California Public Records Act (PRA). 1.3.5. All AI Systems must comply with City Council policies, including but not limited to, City Council Policy 112-04 (Privacy Protection and Technology Transparency Policy). 1.3.6. All data sharing with vendors shall require strict contractual safeguards limiting use, retention, and re-identification of any shared data. Page 113 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] 1.3.7. AI systems shall adhere to cyber security best practices such as the principle of least privilege, granting only access to data, systems, applications, functions, and other resources necessary to perform their authorized purpose. 1.3.8. Use of AI systems shall maintain confidentiality, integrity, and availability of information through safeguards aligned to recognized security frameworks, standards and best practices that prevent unauthorized access and use. 1.3.9. Privacy shall be preserved in all AI systems by safeguarding PII and sensitive data from unauthorized access, disclosure, and manipulation. 1.3.10. Prompts or other inputs submitted by users to AI systems and the resulting outputs are not routinely retained by the City. If an input or output constitutes a City record, the user shall be responsible for retaining it in accordance with applicable City records retention policies and procedures. The use of an AI system does not alter the City's obligations under applicable records retention laws or the California Public Records Act. 1.4. Equity & Fairness 1.4.1. Use of AI systems will aim to support equitable outcomes for everyone. 1.4.2. Potential disparate or discriminatory impacts shall be assessed and addressed by making best efforts to review AI systems for equity and bias and identifying appropriate mitigation strategies prior to deployment. 1.4.3. Where appropriate, community engagement will be conducted to understand potential disparate impacts and feedback will be incorporated into AI Impact Assessment mitigation plans. 1.4.4. Prior to adopting a new AI system, training and risk analysis will be conducted to identify training needs, and appropriate City employees shall complete any required training and review system-specific risks, data, and limitations related to ethical use, privacy, and bias. 1.5. Human-First Principle 1.5.1. The City affirms that technology, including AI, exists to enhance, not replace, the human capacity to serve the community. 1.5.2. The City’s approach to AI use shall be human-first, meaning that automation and data- driven tools should support, empower, and augment the workforce. 1.6. Workforce Protections & Development Page 114 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] 1.6.1. Potential workforce impacts of AI solutions will be assessed and considered as part of the City’s adoption of AI solutions. 1.6.2. When automation affects job duties, departments shall prioritize upskilling, role redesign, or reassignment in consultation with affected represented labor groups as required. 1.6.3. The City will provide employees with training and professional development opportunities to build familiarity and confidence in using AI Systems responsibly. 1.6.4. City employees are empowered to use AI in their roles through education, training, task execution, and collaborations that promote participation and opportunity. 1.6.5. Technology adoption in a manner that values City employees by engaging them on potential workforce impacts and incorporating their perspectives into decision-making. 1.6.6. Labor group notification and bargaining shall be required where appropriate and worker dignity shall be preserved when AI is used to evaluate or manage personnel. 1.7. Operational Efficiency & Service Delivery 1.7.1. AI adoption should focus on providing exceptional service with a focus on cost effectiveness, operational excellence, streamlining repetitive tasks, and allowing employees to dedicate more time to high-value, human-centered work. 1.7.2. AI Systems should be deployed to improve customer experience, expand service accessibility, and increase responsiveness to residents and businesses. 1.7.3. Efficiency gains from AI should be reinvested to strengthen service quality, innovation capacity, and employee engagement. 2. Governance & Roles 2.1. AI Coordinator 2.1.1. The AI Coordinator shall be designated by the City Manager and shall be responsible for coordinating AI Policy implementation including maintaining the City’s central AI Inventory, conducting the AI Impact Assessments, supporting and coordinating training, and convening the AI Working Group (AWG). 2.2. AI Working Group (AWG) 2.2.1. The AWG shall be comprised of representatives from the City Attorney’s Office, City Clerk, Economic Development, Finance, Human Resources, and Information Technology Services Departments. Page 115 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] 2.2.2. The AWG shall review AI Tool Requests and AI Impact Assessments prior to approval. 2.2.3. The AWG shall review policies, at a minimum every two years, and recommend updates to reflect evolving best practices. 2.3. Departmental AI Lead 2.3.1. Each department shall appoint at least one AI Lead. The AI Lead shall be responsible for interfacing with the AI Coordinator to ensure department compliance, documentation, and coordination with the AWG. 2.4. Responsible Official 2.4.1. A Department Head, or other executive, shall oversee the applicable department’s AI Systems deployment and operation in compliance with applicable laws and policies. 3. Procurement & Review Process 3.1. Pre-Procurement Review 3.1.1. Departments shall submit an AI Tool Request describing functionality, data used, risk category (low, medium, high), procurement method, and vendor assurances (security, bias testing, etc.). 3.2. The AWG may perform technical and legal review prior to contract award as outlined in the AI Handbook.AI Impact Assessment (AIA) 3.2.1. Prior to deployment, departments, together with the AI Coordinator, shall complete an AIA that addresses matters including, but not limited to, the AI System’s purpose and necessity, benefits and outcomes, privacy and security, measures for oversight, and monitoring plans. 3.2.2. High risk AI Systems may be subject to independent third-party review, at the discretion of the City Manager or designee. 3.3. Emergency Uses 3.3.1. The procurement and review processes established in Sections 3.1 and 3.2 of this policy may be waived for emergency uses with approval of the City Manager and subject to subsequent reporting and City Council notification. 3.4. Vendor Management 3.4.1. Vendors must disclose model family, training data characteristics, known limitations, and provide a security and bias-mitigation approach. Page 116 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] 3.4.2. Contracts shall allow City access to technology for testing and auditing and shall include termination clauses. 3.4.3. AI Systems that experience a Material Change in functionality or use following approval shall undergo a new review and approval process prior to deployment of modified use or system. 4. Implementation & Reporting 4.1. AI Coordinator Responsibilities 4.1.1. The AI Coordinator shall maintain a central, public-facing AI Inventory and publish an annual AI Governance Report. 4.2. AI Handbook 4.2.1. In addition to this Policy, all AI systems shall adhere to the risk classification and approval processes, oversight and other requirements included in the AI Handbook. 4.2.2. The AI Handbook and AI Policy shall be reviewed periodically, at a minimum every two years, or upon changes in state or federal law. 4.3. Periodic Reviews 4.3.1. High risk systems may require periodic internal review or independent third-party reviews. 4.3.2. Results of such reviews and corrective action plans will be included in the AI Governance Report. 5. Prohibited or Restricted Uses 5.1. Real-time biometric surveillance or predictive policing without City Council authorization. 5.2. Fully automated decisions that do not require any meaningful human oversight, but substantially impact individuals in areas such as housing, employment, benefits, or enforcement actions. 5.3. Use of AI systems without human review or appeal processes. 5.4. Free-to-use GenAI websites or models that require the employee to create an account and agree to the terms and conditions of the GenAI company. 5.5. Covert use of AI systems to track individuals based on their behaviors, socioeconomic status, or personal characteristics, for any purpose, including social scoring. 5.6. Cognitive behavioral manipulation of people or specific vulnerable groups. Page 117 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] 5.7. Use of any AI System not included in City AI Inventory. 6. Exemptions 6.1. Low-risk AI Systems that are used for individual productivity and generally support refinement, rather than content creation, such as brainstorming, grammar correction, style/tone adjustment, and/or proofreading are not subject to this Policy. 6.2. No confidential, proprietary or PII data can be entered into the exempted AI System, and it must not be integrated into any City system. HISTORY DATE ACTION RESOLUTION NO. Date] Adoption [Reso No.] Page 118 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 1 City of Chula Vista Agreement No.: 2026-366 Service Provider Name: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Rev. 1.20.2026 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS TO PROVIDE GEOTECHNICAL, MATERIALS TESTING AND SPECIAL INSPECTION ENGINEERING CONSULTING SERVICES This Agreement is entered into effective as of November 17, 2026 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS, A California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City has identified the need for on-call Geotechnical, Materials Testing and Special Inspection Engineering Consulting Services for various Capital Improvement Program (“CIP”) and other projects during the planning, design and construction phases; and WHEREAS, on August 21, 2026 a Request for Proposals/Qualifications for Professional Services for Geotechnical, Materials Testing and Special Inspection Engineering Services was issued; and WHEREAS, on September 16, 2026 10 proposals were received; and WHEREAS, the City Selection Committee determined <<Insert Conultant Name>> as one of three Consultants to provide these services; and WHEREAS, the Consultant selection process was conducted in accordance with Section 2.56.110 of the Chula Vista Municipal Code; and WHEREAS, this Agreement is subject to Prevailing Wages and the City’s Project Labor Agreement. WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. End of Recitals. Next Page Starts Obligatory Provisions.] Page 119 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 2 City of Chula Vista Agreement No.: 2026-366 Service Provider Name: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Rev. 1.20.2026 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Page 120 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 3 City of Chula Vista Agreement No.: 2026-366 Service Provider Name: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Rev. 1.20.2026 Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 1.11 Prevailing Wage Compliance. Consultant and subcontractors shall comply with the state of California’s prevailing wage requirements in accordance with California Labor Code, and all Federal, State, and local laws and ordinances applicable to persons employed by them for public works in a covered work classification. The City has ascertained that general prevailing wage rates may be applicable to all or a portion of the work to be performed for the Required Services. This includes work performed during the design and preconstruction phases of construction including, but not limited to Construction/Building Inspectors, Land Surveying, and Field Soils and Material Testers. When payment of prevailing wages applies to the Required Services the wage rates shall be reimbursed at the minimum rates set by the State of California’s Department of Industrial Relations (DIR). The DIR’s prevailing wage determinations are available online at https://www.dir.ca.gov/OPRL/PWD/. Consultant and its subcontractors shall post a copy of the prevailing rates of wages at each applicable job site and shall make them available to any interested party upon request. The date of the City’s request for a cost proposal for a task order under this Agreement shall be used to determine which published prevailing wage rate applies to the task order. All published wage rates and all predetermined wage rate increases known at the date of the City’s request for a cost proposal shall apply. 1.12 Department of Industrial Relations (DIR) Registration. Pursuant to Labor Code Section 1725.5, the City requires, as applicable, Consultant and subcontractors of any tier to be registered with the DIR for the term of this Agreement. 1.13 Project Labor Agreement. Consultant and subcontractors, regardless of tier, performing any work under this Agreement as defined by California Labor Code section 1720, shall abide by the terms and requirements identified in the attached Exhibit E, Project Labor Agreement (PLA), incorporated into the Agreement by this reference. These terms and requirements include but are not limited to the following: a. Letter of Assent. Consultant and subcontractors agree to be bound by the PLA by submitting a Letter of Assent (PLA Exhibit A) to the City’s Project Labor Coordinator. Consultant shall submit its Letter of Assent as a condition of Agreement award and all applicable subcontractors shall submit their Letters of Assent before starting any covered work on a project. b. Pre-Job Conference. Consultant and subcontractors shall conduct a pre-job conference with the applicable Union(s) at least 14 calendar days before starting any covered work. Consultant is responsible for facilitating and scheduling its own pre-job conference and for facilitating, scheduling, and ensuring that all applicable subcontractors conduct a pre-job conference. Page 121 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 4 City of Chula Vista Agreement No.: 2026-366 Service Provider Name: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Rev. 1.20.2026 Certified Payroll Records. Consultant and subcontractors shall submit weekly certified payroll records including but not limited to a Statement of Compliance signed under penalty of perjury, reflecting the wages of all employees engaged in the work, using the City’s web-based labor compliance software. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Intentionally Omitted. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the Page 122 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 5 City of Chula Vista Agreement No.: 2026-366 Service Provider Name: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Rev. 1.20.2026 policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-Consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-Consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Page 123 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 6 City of Chula Vista Agreement No.: 2026-366 Service Provider Name: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Rev. 1.20.2026 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 1.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more Page 124 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 7 City of Chula Vista Agreement No.: 2026-366 Service Provider Name: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Rev. 1.20.2026 of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits public agency officers from participating in any action related to a contract if such officer receives political contributions totaling more than $500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement by this reference. 6. REMEDIES Page 125 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 8 City of Chula Vista Agreement No.: 2026-366 Service Provider Name: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Rev. 1.20.2026 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. Consultant hereby waives any right to remove any action from San Diego County as may otherwise be permitted by California Code of Civil Procedure section 394. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first Page 126 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 9 City of Chula Vista Agreement No.: 2026-366 Service Provider Name: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Rev. 1.20.2026 class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-Consultants. 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. Page 127 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 10 City of Chula Vista Agreement No.: 2026-366 Service Provider Name: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Rev. 1.20.2026 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. 8.11 Exhibits. Each Exhibit attached herein is incorporated by this reference. End of page. Next page is signature page.) Page 128 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 11 City of Chula Vista Agreement No.: 2026-366 Service Provider Name: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Rev. 1.20.2026 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Kenneth H. Mansir, Jr TIFFANY ALLEN Principal Engineer CITY MANAGER APPROVED AS TO FORM BY: _______________________________ Marco A. Verdugo City Attorney Page 129 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 12 City of Chula Vista Agreement No.: 2026-366 Service Provider Name: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Rev. 1.20.2026 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: David Hicks 1800 Maxwell Road, Chula Vista CA 91911 619-617-6999 dhicks@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Jeffrey Kent 5710 Ruffin Road San Diego, CA 92123 858) 576-1000 x11283 jeffrey.kent@socotec.us For Legal Notice Copy to: Livia Corredor 5710 Ruffin Road San Diego, CA 92123 212) 689 5389 x559 LegalRequest@socotec.us 2. Required Services A. General Description: Consultant shall provide geotechnical, materials testing and special inspection engineering consulting services at the direction of and to the satisfaction of the City Engineer for CIP and other projects on an on-call basis for each project (each a “Task Order”). The number and scope of Task Orders will vary at the sole discretion of the City. Consultant acknowledges and agrees that the City is not required to request the Consultant to provide any Required Services under this Agreement. Consultant acknowledges and agrees that it is not entitled to any compensation under this Agreement until it has provided Required Services as authorized by a Task Order. Page 130 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 13 City of Chula Vista Agreement No.: 2026-366 Service Provider Name: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Rev. 1.20.2026 Consultant shall provide materials testing laboratory facilities with equipment and personnel qualified to perform sampling and testing including, but not limited to bituminous materials, concrete, rock materials, bedding and backfill material. The materials testing laboratory shall have a documented Quality Assurance Program (“QAP”) in conformance with the City’s 2024 QAP, including but not limited to certification of personnel, and laboratory and field-testing equipment calibrated at least once a year using devices traceable to the National Institute of Standards and Technology. The Consultant shall provide a copy of the QAP annually. Upon City request, provide certified copies of calibration and maintenance records for all instruments and devices utilized in field and laboratory analyses. The City may provide Consultant with reports or data that have been prepared by City staff or other firms. B. Detailed Description: 1. Personnel. Consultant shall provide personnel that are experienced in all areas of geotechnical, materials testing and special inspection engineering. Knowledge of City codes, procedures and regulations including, but not limited to City of Chula Vista Standard Special Provisions, City of Chula Vista Design and Construction Standard Drawings and City of Chula Vista Subdivision Manual, the Greenbook, San Diego Regional Standard Drawings, Caltrans Standard Plans and Specifications and American Society for Testing and Materials standards are required. The City shall have the right to make the determination of the qualifications of individual personnel and shall have the right to require the substitution of non-qualified individuals with qualified personnel. 2. Task Order Proposal. Consultant shall coordinate with the City to identify the scope of work needed for each Task Order, including any required meetings. Consultant shall provide City with a not-to- exceed fee proposal for each Task Order with personnel and material testing hours and rates clearly identified. The City will issue a purchase order for each Task Order. Provide the requested services within three working days after receiving Task Order approval from the City. 3. Scope of Work. Consultant shall provide the following services. 3.1 Geotechnical material testing, soils sampling and inspection in accordance with relevant test methods and standards. 3.2 Inspection of earthwork operations during construction including, but not limited to site preparation for fill placement, sub-drainage system construction, compaction methods and recommendations for unsuitable material removal. 3.3 Express Authorization to Execute Hazardous Waste Documents. The City hereby duly authorizes Consultant as the City’s duly authorized representative for the limited purpose of signing, certifying, and submitting necessary hazardous waste manifests and related environmental documentation as required under applicable federal, state, and local laws in connection with the handling, transportation, and disposal of hazardous waste generated from the project. The Consultant shall exercise this authority in accordance with all applicable federal, state, and laws and regulations and shall maintain records of all such documentation. There shall be no transfer of ownership or generator status of any waste to the Consultant as a result of this authorization. The City may revoke this authorization at any time upon written notice. 3.4 Special inspection services in accordance with the applicable test method and standard, including Chapter 17 of the current California Building Code. Page 131 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 14 City of Chula Vista Agreement No.: 2026-366 Service Provider Name: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Rev. 1.20.2026 3.5 Prepare plans and specifications, geotechnical reports, engineering technical memorandums and other related documents. 4. Deliverables Standards. Consultant shall make Task Order documentation available to the City when requested. The following deliverables are required: 4.1 Provide City with written laboratory sampling and analysis results within three working days after completion of laboratory testing. Email test results to City. 4.2 Provide the following with test reports: 4.2.1 Laboratory name and address 4.2.2 Date sample(s) taken 4.2.3 Location of sample(s) 4.2.4 Date sample(s) received 4.2.5 Test sample unique number 4.2.6 Test method 4.2.7 Test results 4.2.8 Analysis of tests which failed and potential solutions 4.2.9 Photos 4.2.10 Signed report 4.3 Required deliverables specific to Task Order. 5. Software and Methodology. Identify software and methodology used for Task Orders, which shall require advanced approval by the City. At a minimum, use AutoCAD Civil3D 2021 and Bluebeam. 6. Records. Provide the City with all original data, reports, records, etc. of field and laboratory analyses. Maintain copies of all records related to field and laboratory testing performed under each Task Order for a minimum of five years from the date of the sample, measurement, report, etc. This period may be extended during the course of any unresolved litigation or when requested by the City of Chula Vista. 7. Invoices. Provide billing invoices and backup information in compliance with all City procedures. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin Begin Date and end on June 30, 2028 for completion of all Required Services. If the City desires for Consultant to continue to provide Required Services for projects that are in progress at the expiration date of this Agreement, the City may, in its sole discretion, extend the term of this Agreement by administrative amendment to a date needed to complete the Required Services. In any event the extension should not exceed twelve (12) months from the date of the issuance of the remaining Task Order. 4. Compensation: A. Form of Compensation Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Page 132 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 15 City of Chula Vista Agreement No.: 2026-366 Service Provider Name: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Rev. 1.20.2026 See Exhibit F for Labor Rate and Laboratory Rate Schedules. B. Reimbursement of Costs Invoiced or agreed-upon amounts as follows: Consultant acknowledges and agrees that lodging and per-diem are not reimbursable expenses for work performed within the San Diego region. Consultant acknowledges and agrees that out of region travel time, expenses, lodging, and per-diem will not be reimbursed unless expressly authorized and agreed to in writing in advance by the City for each Task Order. Consultant acknowledges and agrees that when reprographics and courier services are requested by the City, expenses will be reimbursed at cost when performed by a third-party business entity and only when accompanied by a copy of original invoice. Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through June 30, 2028 shall not exceed $150,000. 5. Special Provisions: Permitted Sub-Consultants: See Exhibit G for Approved Sub-Consultants list. Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for three (3) additional terms, defined as a one-year increment or option to extend. 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 3.5 percent for each extension. The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term. The option terms shall be as follows: Option Year 1 – (July 1, 2028 through June 30, 2029): $100,000* Option Year 2 – (July 1, 2029 through June 30, 2030); $100,000* Option Year 3 – (July 1, 2030 through June 30, 2031); $100,000* Amounts duly approved but not encumbered during the original term or previously exercised options to extend may be carried over in the City’s sole discretion to increase the maximum amount during the option Terms. Other: Project Labor Agreement Compliance. Compliance with the PLA is required for all job classifications covered by the PLA Signatory Unions at the time the Agreement is executed. Page 133 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 16 City of Chula Vista Agreement No.: 2026-366 Service Provider Name: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Rev. 1.20.2026 Artificial Intelligence (AI) Policy. Consultant shall be aware of and comply with the terms and requirements identified in the attached Exhibit H, Artificial Intelligence (AI) Policy, incorporated into the Agreement by this reference.) None Page 134 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 17 City of Chula Vista Agreement No.: 2026-366 Service Provider Name: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Rev. 1.20.2026 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form General Liability: Including products and completed operations, personal and advertising injury 2,000,000 per occurrence for bodily injury, personal injury including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 Must be primary and must not exclude Products/Completed Operations Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned Workers’ Compensation Employer’s Liability 1,000,000 each accident 1,000,000 disease policy limit 1,000,000 disease each employee Waiver of Recovery Endorsement Other Negotiated Insurance Terms: Professional Liability, Errors & Omissions at $1,000,000 each occurrence and $2,000,000 aggregate. Page 135 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 18 City of Chula Vista Agreement No.: 2026-366 Service Provider Name: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Rev. 1.20.2026 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some Consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 A. Consultant will not exert influence over the official or contracting decisions of City and is therefore EXCLUDED4 from disclosure. B. Consultant WILL exert influence over the official or contracting decisions of City and their disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) A. Full Disclosure B. Limited Disclosure (select one or more of the categories under which the Contractor shall file): 1. 2. 3. 4. 5. 6. 7. Justification: C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or 866) 275-3772 *2. 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). Page 136 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 19 City of Chula Vista Agreement No.: 2026-366 Service Provider Name: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Rev. 1.20.2026 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: Nicola M. Kavanagh Page 137 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 20 City of Chula Vista Agreement No.: 2026-366 Service Provider Name: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Rev. 1.20.2026 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 $500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The Levine Act does not apply to competitively bid, labor, or personal employment contracts; contracts valued at under $50,000; contracts where no party receives financial compensation; or contracts between two or more agencies. A. The Levine Act (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 $500 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement? YES: If yes, which Officer(s): Click or tap here to enter text. NO: 2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $500 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement? YES: If yes, which Officer(s): Click or tap here to enter text. NO: Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any actions related to the Agreement. 5 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308 Page 138 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda E City of Chula Vista Agreement No.: 2026-365 Service Provider Name: Christian Wheeler Engineering EXHIBIT E PROJECT LABOR AGREEMENT (PLA) Page 139 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 140 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 141 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 142 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 143 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 144 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 145 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 146 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 147 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 148 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 149 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 150 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 151 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 152 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 153 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 154 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 155 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 156 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 157 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 158 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 159 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 160 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 161 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 162 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 163 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 164 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 165 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 166 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 167 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 168 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 169 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 170 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 171 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 172 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 173 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 174 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 175 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 176 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 177 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 178 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 179 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 180 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 181 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 182 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 183 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 184 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 185 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 186 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 187 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 188 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 189 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 190 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda F City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. EXHIBIT F LABOR RATE AND LABORATORY RATE SCHEDULES Page 191 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda SEPARATE SEALED FEE PROPOSAL FOR ON-CALL GEOTECHNICAL, MATERIALS TESTING & SPECIAL INSPECTION ENGINEERING CONSULTING SERVICES P02-04130 SEPTEMBER 16, 2026 Page 192 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 1 SOCOTEC City of Chula Vista On-Call Geotechnical, Materials Testing & Special Inspection Engineering Consulting Services | P02-04130 | September 16, 2026 ATTACHMENT 2 DATE:mm/dd/yyyy Agreement Execution Date - 6/30/2028 Straight Time Overtime Double Time 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 LABOR CLASSIFICATION NAME Consultant or Subconsulant Name CITY OF CHULA VISTA RFP/RFQ FOR ON-CALL GEOTECHNICAL, MATERIALS TESTING & SPECIAL INSPECTION ENGINEERING CONSULTING SERVICES LABOR RATES Attachment D: Labor Rate Schedule Worksheet DATE: Agreement Execution Date - 6/30/2028 Straight Time Overtime Double Time LABOR CLASSIFICATION NAME CITY OF CHULA VISTA RFP/RFQ FOR ON-CALL GEOTECHNICAL, MATERIALS TESTING & SPECIAL INSPECTION ENGINEERING CONSULTING SERVICES LABOR RATES Attachment D: Labor Rate Schedule Worksheet September 16, 2026 SOCOTEC (Ninyo & Moore Geotechnical & Environmental Sciences Consultants) Personnel Principal Engineer/Geologist/ Environmental Scientist/Certified Industrial Hygienist 220 Senior Engineer/Geologist/ Environmental Scientist Senior Project Engineer/Geologist/ Environmental Scientist Project Engineer/Geologist/ Environmental Scientist Senior Staff Engineer/Geologist/ Environmental Scientist Staff Engineer/Geologist/ Environmental Scientist GIS Analyst Technical Illustrator/CAD Operator Certified Asbestos/Lead Technician Field Operations Manager Nondestructive Examination Technician (Prevailing Wage) Supervisory Technician Special Inspector (Prevailing Wage) Senior Technician (Prevailing Wage) Technician (Non-Prevailing Wage) Information Specialist Geotechnical/Environmental/ Laboratory Assistant Data Processor 210 200 195 180 165 145 120 200 180 195 190 180 180 115 100 100 80 300 270 292.50 285 270 270 172.50 400 360 390 380 360 360 230 SOCOTEC (Ninyo & Moore Geotechnical & Environmental Sciences Consultants) Coring Technician w/ Equipment $250 $375 $500 Anchor Load Technician w/ Equipment $250 $375 $500 Other Charges: CBA Administration and Union Surcharge $40/hr GPR Equipment $180/hr Nuclear Density Gauge $15/hr Field Vehicle $15/hr Direct Expenses Cost plus 15% Notes: Our field services, are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours. Overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays. Page 193 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 2 SOCOTEC City of Chula Vista On-Call Geotechnical, Materials Testing & Special Inspection Engineering Consulting Services | P02-04130 | September 16, 2026 Consultant or Subconsulant Name DATE:mm/dd/yyyy Fee per Each Test 1 2 3 4 5 MASONRY MATERIAL TESTING 6 7 8 9 10 11 12 13 AGGREGATE MATERIAL TESTING 14 15 16 17 18 ASPHALT CONCRETE MATERIAL TESTING 19 20 21 CITY OF CHULA VISTA RFP/RFQ FOR ON-CALL GEOTECHNICAL, MATERIALS TESTING & SPECIAL INSPECTION ENGINEERING CONSULTING SERVICES LABORATORY RATES Agreement Execution Date - 6/30/2028TestIDPRIMARYTEST/NAME 1 of 6 September 16, 2026SOCOTEC (Ninyo & Moore Geotechnical & Environmental Sciences Consultants) 35 120 275 300/review | $850/design N N N N 200 120 500 N N N 120 145 115 175 N N N N 175 N 240 180 review | $4,500 design 240 N N N 250/hr N 210 N 70 N 45 N 70 N 70 N CA Code CA Code ATTACHMENT 3 Page 194 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 3 SOCOTEC City of Chula Vista On-Call Geotechnical, Materials Testing & Special Inspection Engineering Consulting Services | P02-04130 | September 16, 2026 ATTACHMENT 3 Consultant or Subconsulant Name DATE:mm/dd/yyyy Fee per Each Test Lab (Y/N) Agreement Execution Date - 6/30/2028TestIDPRIMARYTEST/NAME 22 23 24 25 Standard Test Method for Resistance R-Value and Expansion Pressure of Compacted Soils ASTM D2844-94 26 27 GEOTECHNICAL MATERIAL TESTING 28 29 30 31 32 33 R-Value (Lime Treated) 34 35 Mechanical Analyses - Hydrometer Test 36 37 38 39 40 41 42 43 44 300 35 550 N N N 145 220 N N 125 190 190 N N N 125 180 N N 175 N September 16, 2026SOCOTEC (Ninyo & Moore Geotechnical & Environmental Sciences Consultants) 180 180 220 N N N 335 N 180 N 550 N 375 N 250 N 450 350 N N D2166 D2850 D4767 D3080 CT 417 | CT 422 195/hr N 120 N Page 195 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 4 SOCOTEC City of Chula Vista On-Call Geotechnical, Materials Testing & Special Inspection Engineering Consulting Services | P02-04130 | September 16, 2026 ATTACHMENT 3 Consultant or Subconsulant Name DATE:mm/dd/yyyy Fee per Each Test Performed by Outside Agreement Execution Date - 6/30/2028TestIDPRIMARYTEST/NAME 45 46 47 48 49 50 Tensile Testing (ultimate strength only), Round Bar Reduced Section 0.505” Diameter, each 51 52 53 54 55 56 57 Charpy Impact: Ambient – 40°F, per set of 3 58 Charpy Impact: - 41°F to –100°F 59 60 61 62 63 64 65 LABORATORY METAL SERVICES - MACHINING 66 67 68 69 70 September 16, 2026SOCOTEC (Ninyo & Moore Geotechnical & Environmental Sciences Consultants) 75 N 75 N 80 N 66 Y 495 Y 576 Y 192 each Y 165 (#8 Max.)Y 165 Y 165 Y 165 Y 165 Y 165 Y 165 Y 50 Y 50 Y 660 (SS)Y 165 (tensile)Y 495 Y 576 Y 576 (SS)Y 300 Y 230/hr Y 150 Y Quote per occurrence Y 250 Y Page 196 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 5 SOCOTEC City of Chula Vista On-Call Geotechnical, Materials Testing & Special Inspection Engineering Consulting Services | P02-04130 | September 16, 2026 ATTACHMENT 3 Consultant or Subconsulant Name DATE:mm/dd/yyyy Fee per Each Test Lab (Y/N) Agreement Execution Date - 6/30/2028TestIDPRIMARYTEST/NAME 71 Carbon Steel, Round Bar 0.505” Diameter, each 72 73 74 Other Materials, Round Bar 0.505” Diameter, each 75 76 77 78 LABORATORY METAL SERVICES - HIGH STRENGTH BOLT TESTING 79 80 81 ASTM Testing Methods 82 83 84 Compressive Strength – Concrete Cylinder (Set of Three) 85 86 87 88 89 90 91 92 93 94 95 96 97 September 16, 2026SOCOTEC (Ninyo & Moore Geotechnical & Environmental Sciences Consultants) 80 N 100 145 105 N N N 220 150 N N 250 125 100 N N N 150 200 N N 475 90 360 N N N 85 450 N N 220 N 75 Y 75 Y 75 N 90 N A-C15 | A-706 A-370 150NA-325 200 Y 200 Y 200 Y 230 Y Quote per occurrence Y Page 197 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 6 SOCOTEC City of Chula Vista On-Call Geotechnical, Materials Testing & Special Inspection Engineering Consulting Services | P02-04130 | September 16, 2026 ATTACHMENT 3 Consultant or Subconsulant Name DATE:mm/dd/yyyy Fee per Each Test Lab (Y/N) Agreement Execution Date - 6/30/2028TestIDPRIMARYTEST/NAME 98 99 100 101 102 “R” Value of Soils by Stabilometer 103 104 105 106 Design and Testing of Class “A” Cement Treated Base (Complete CTB Design, including laboratory CA TEST 312 107 108 109 In-Place Density and Relative Compaction of Asphalt Concrete Pavement (Built into Hourly Rate)CA TEST 375 110 111 112 CA TEST 540 113 114 115 Aggregate – L.A. Rattler (1,000 Revolutions) 116 117 118 119 120 Determination of Moisture in Soils, Minerals Aggregates, and Bituminous Mixtures by Xylene Reflux CA TEST 311 Others 145 220 125 N N N 35 375 N N 100 N 225 N 150 35 N N 175 200 N N 90 N 180 175 N N September 16, 2026SOCOTEC (Ninyo & Moore Geotechnical & Environmental Sciences Consultants) 1,000 N| 371 100 N 150 N| 382 Technician hourly rate N 200NC131orC5535 450 N| C88 N/A N/A 180/hr N 180/hr N Page 198 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 7 SOCOTEC City of Chula Vista On-Call Geotechnical, Materials Testing & Special Inspection Engineering Consulting Services | P02-04130 | September 16, 2026 ATTACHMENT 3 Consultant or Subconsulant Name DATE:mm/dd/yyyy Fee per Each Test Lab (Y/N) Agreement Execution Date - 6/30/2028TestIDPRIMARYTEST/NAME 121 122 123 124 125 126 September 16, 2026SOCOTEC (Ninyo & Moore Geotechnical & Environmental Sciences Consultants) N/A Page 199 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 200 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda G City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. EXHIBIT G APPROVED SUB-CONSULTANTS LIST 1. Permitted sub-consultants are as follows: A. Decisive Testing, Inc. Page 201 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda H City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. EXHIBIT H ARTIFICIAL INTELLIGENCE (AI) POLICY Page 202 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] I. BACKGROUND The City of Chula Vista strives to enhance public services, operational efficiency, and community engagement aided by the responsible use of Artificial Intelligence (“AI”) systems. AI use, including machine learning, predictive analytics, and generative systems can optimize City operations and the provision of public services, so long as implementation accounts for privacy, equity, transparency, security and accountability. Embracing AI responsibly can enhance Chula Vista’s competitiveness, long-term vitality and resident experience. II. PURPOSE This policy establishes standards for the responsible, transparent, and ethical use of AI systems by all City departments, contractors, and partners. It facilitates the City’s use of AI systems for the benefit of the community while safeguarding against potential harm. This policy recognizes that employing AI use for the benefit of the City’s residents, businesses, and visitors can enhance the City’s efforts to improve service delivery and strengthen public trust, as well as cultivate a more innovative and resilient future. III. SCOPE This policy applies to all City departments, offices, elected officials, contractors, vendors, and third-party partners that develop, procure, configure, or use AI systems on behalf of the City. IV. DEFINITIONS 1. AI Inventory: A central, public-facing inventory of AI systems in use at the City that includes the following: project summary, purpose, use policy, vendor, risk level, and responsible department. 2. AI System: Any software, application, hardware, tool, utility or data system that utilizes AI in a way that meaningfully influences outputs, decisions, analysis, or content generation. 3. Algorithm: A series of logical steps through which an agent (typically a computer or software program) turns particular inputs into particular outputs. 4. Artificial Intelligence (AI): A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, determinations, or decisions influencing real or Page 203 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] virtual environments. AI systems use machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through automated analysis, and use model inference to formulate options for information or action or decisions that influence real or virtual environments. 5. Automated Decision System (ADS): An AI-enabled tool that makes or substantially assists in making decisions that impact individuals, programs, services, or public resources without requiring human intervention or judgment. 6. Generative Artificial Intelligence (GenAI): A subset of AI that is algorithmically trained on one or more large data sets and designed to generate new and unique data (e.g., text, pictures, video) in response to a prompt (generally questions, instructions, images, or video) input by the user. 7. Material Change: Any change or modification to an AI System that substantially changes its intended purpose, functionality, capabilities, data sources, risk category or legal, operational, or privacy impacts from those evaluated during the original review and approval. 8. Personally Identifiable Information (PII): Data that a person reasonably expects to remain confidential or private, including but not limited to, their social security number, driver’s license information, state identification card, passport number, military identification number, financial account numbers, debit card number, credit card number, account login credentials, IP address, email address, phone number, home address, precise geolocation at a given time, biometric information, contents of email, contents of mail, contents of text messages, ethnic origin, racial origin, genetic data, medical information, health information, immigration status, philosophical beliefs, political opinions, religious beliefs, sexual orientation, union membership, or membership in any other private organization. For purposes of this policy, PII does not include information recorded, obtained, or disclosed as part of an active criminal investigation, a lawful judicial hearing or process, or in accordance with other legal or statutory requirements, including but not limited to the California Public Records Act. 9. Responsible Official: A designated City employee with the authority and accountability to oversee an AI system’s deployment and operation in compliance with applicable laws and policies. Typically, a City department head or other executive. 10. Surveillance: To observe the movements, behavior, or actions of identifiable individuals, or to gather information that can readily be connected to identifiable individuals for purposes of analysis in accordance with a program or plan, without the knowledge and consent of the observed individuals. Page 204 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] V. POLICY 1. Guiding Principles 1.1. Transparency 1.1.1. The purpose and use of AI systems shall be communicated and disclosed to the public. 1.1.2. A public AI Inventory shall be maintained, listing each AI System’s purpose, vendor, risk level, and responsible department(s). 1.1.3. Departments shall be responsible for determining the threshold above which text generated by an AI system is “substantial,” consistent with the principles outlined in this Policy, the AI Handbook, as well as relevant intellectual property laws. 1.1.4. All images and videos created by GenAI systems must be attributed to the appropriate GenAI system. 1.2. Accountability 1.2.1. Each City department must have a designated Responsible Official accountable for AI system outcomes. 1.2.2. Humans must exercise oversight for all AI-assisted decisions affecting individuals or communities. 1.2.3. Roles and responsibilities govern the deployment and maintenance of AI systems, and human oversight supports adherence to relevant laws and regulations. 1.3. Privacy & Security 1.3.1. The collection, use, retention, and sharing of PII used by AI shall be limited. 1.3.2. No confidential or PII shall be entered into AI Systems without express authorization by AI Coordinator. 1.3.3. Privacy-enhancing techniques (e.g., de-identification, differential privacy, etc.) shall be employed where feasible. 1.3.4. All AI Systems must comply with state and federal data protection laws including, but not limited to, the California Public Records Act (PRA). 1.3.5. All AI Systems must comply with City Council policies, including but not limited to, City Council Policy 112-04 (Privacy Protection and Technology Transparency Policy). 1.3.6. All data sharing with vendors shall require strict contractual safeguards limiting use, retention, and re-identification of any shared data. Page 205 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] 1.3.7. AI systems shall adhere to cyber security best practices such as the principle of least privilege, granting only access to data, systems, applications, functions, and other resources necessary to perform their authorized purpose. 1.3.8. Use of AI systems shall maintain confidentiality, integrity, and availability of information through safeguards aligned to recognized security frameworks, standards and best practices that prevent unauthorized access and use. 1.3.9. Privacy shall be preserved in all AI systems by safeguarding PII and sensitive data from unauthorized access, disclosure, and manipulation. 1.3.10. Prompts or other inputs submitted by users to AI systems and the resulting outputs are not routinely retained by the City. If an input or output constitutes a City record, the user shall be responsible for retaining it in accordance with applicable City records retention policies and procedures. The use of an AI system does not alter the City's obligations under applicable records retention laws or the California Public Records Act. 1.4. Equity & Fairness 1.4.1. Use of AI systems will aim to support equitable outcomes for everyone. 1.4.2. Potential disparate or discriminatory impacts shall be assessed and addressed by making best efforts to review AI systems for equity and bias and identifying appropriate mitigation strategies prior to deployment. 1.4.3. Where appropriate, community engagement will be conducted to understand potential disparate impacts and feedback will be incorporated into AI Impact Assessment mitigation plans. 1.4.4. Prior to adopting a new AI system, training and risk analysis will be conducted to identify training needs, and appropriate City employees shall complete any required training and review system-specific risks, data, and limitations related to ethical use, privacy, and bias. 1.5. Human-First Principle 1.5.1. The City affirms that technology, including AI, exists to enhance, not replace, the human capacity to serve the community. 1.5.2. The City’s approach to AI use shall be human-first, meaning that automation and data- driven tools should support, empower, and augment the workforce. 1.6. Workforce Protections & Development Page 206 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] 1.6.1. Potential workforce impacts of AI solutions will be assessed and considered as part of the City’s adoption of AI solutions. 1.6.2. When automation affects job duties, departments shall prioritize upskilling, role redesign, or reassignment in consultation with affected represented labor groups as required. 1.6.3. The City will provide employees with training and professional development opportunities to build familiarity and confidence in using AI Systems responsibly. 1.6.4. City employees are empowered to use AI in their roles through education, training, task execution, and collaborations that promote participation and opportunity. 1.6.5. Technology adoption in a manner that values City employees by engaging them on potential workforce impacts and incorporating their perspectives into decision-making. 1.6.6. Labor group notification and bargaining shall be required where appropriate and worker dignity shall be preserved when AI is used to evaluate or manage personnel. 1.7. Operational Efficiency & Service Delivery 1.7.1. AI adoption should focus on providing exceptional service with a focus on cost effectiveness, operational excellence, streamlining repetitive tasks, and allowing employees to dedicate more time to high-value, human-centered work. 1.7.2. AI Systems should be deployed to improve customer experience, expand service accessibility, and increase responsiveness to residents and businesses. 1.7.3. Efficiency gains from AI should be reinvested to strengthen service quality, innovation capacity, and employee engagement. 2. Governance & Roles 2.1. AI Coordinator 2.1.1. The AI Coordinator shall be designated by the City Manager and shall be responsible for coordinating AI Policy implementation including maintaining the City’s central AI Inventory, conducting the AI Impact Assessments, supporting and coordinating training, and convening the AI Working Group (AWG). 2.2. AI Working Group (AWG) 2.2.1. The AWG shall be comprised of representatives from the City Attorney’s Office, City Clerk, Economic Development, Finance, Human Resources, and Information Technology Services Departments. Page 207 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] 2.2.2. The AWG shall review AI Tool Requests and AI Impact Assessments prior to approval. 2.2.3. The AWG shall review policies, at a minimum every two years, and recommend updates to reflect evolving best practices. 2.3. Departmental AI Lead 2.3.1. Each department shall appoint at least one AI Lead. The AI Lead shall be responsible for interfacing with the AI Coordinator to ensure department compliance, documentation, and coordination with the AWG. 2.4. Responsible Official 2.4.1. A Department Head, or other executive, shall oversee the applicable department’s AI Systems deployment and operation in compliance with applicable laws and policies. 3. Procurement & Review Process 3.1. Pre-Procurement Review 3.1.1. Departments shall submit an AI Tool Request describing functionality, data used, risk category (low, medium, high), procurement method, and vendor assurances (security, bias testing, etc.). 3.2. The AWG may perform technical and legal review prior to contract award as outlined in the AI Handbook.AI Impact Assessment (AIA) 3.2.1. Prior to deployment, departments, together with the AI Coordinator, shall complete an AIA that addresses matters including, but not limited to, the AI System’s purpose and necessity, benefits and outcomes, privacy and security, measures for oversight, and monitoring plans. 3.2.2. High risk AI Systems may be subject to independent third-party review, at the discretion of the City Manager or designee. 3.3. Emergency Uses 3.3.1. The procurement and review processes established in Sections 3.1 and 3.2 of this policy may be waived for emergency uses with approval of the City Manager and subject to subsequent reporting and City Council notification. 3.4. Vendor Management 3.4.1. Vendors must disclose model family, training data characteristics, known limitations, and provide a security and bias-mitigation approach. Page 208 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] 3.4.2. Contracts shall allow City access to technology for testing and auditing and shall include termination clauses. 3.4.3. AI Systems that experience a Material Change in functionality or use following approval shall undergo a new review and approval process prior to deployment of modified use or system. 4. Implementation & Reporting 4.1. AI Coordinator Responsibilities 4.1.1. The AI Coordinator shall maintain a central, public-facing AI Inventory and publish an annual AI Governance Report. 4.2. AI Handbook 4.2.1. In addition to this Policy, all AI systems shall adhere to the risk classification and approval processes, oversight and other requirements included in the AI Handbook. 4.2.2. The AI Handbook and AI Policy shall be reviewed periodically, at a minimum every two years, or upon changes in state or federal law. 4.3. Periodic Reviews 4.3.1. High risk systems may require periodic internal review or independent third-party reviews. 4.3.2. Results of such reviews and corrective action plans will be included in the AI Governance Report. 5. Prohibited or Restricted Uses 5.1. Real-time biometric surveillance or predictive policing without City Council authorization. 5.2. Fully automated decisions that do not require any meaningful human oversight, but substantially impact individuals in areas such as housing, employment, benefits, or enforcement actions. 5.3. Use of AI systems without human review or appeal processes. 5.4. Free-to-use GenAI websites or models that require the employee to create an account and agree to the terms and conditions of the GenAI company. 5.5. Covert use of AI systems to track individuals based on their behaviors, socioeconomic status, or personal characteristics, for any purpose, including social scoring. 5.6. Cognitive behavioral manipulation of people or specific vulnerable groups. Page 209 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] 5.7. Use of any AI System not included in City AI Inventory. 6. Exemptions 6.1. Low-risk AI Systems that are used for individual productivity and generally support refinement, rather than content creation, such as brainstorming, grammar correction, style/tone adjustment, and/or proofreading are not subject to this Policy. 6.2. No confidential, proprietary or PII data can be entered into the exempted AI System, and it must not be integrated into any City system. HISTORY DATE ACTION RESOLUTION NO. Date] Adoption [Reso No.] Page 210 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 1 City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. Rev. 1.20.2026 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH TWINING, INC. TO PROVIDE GEOTECHNICAL, MATERIALS TESTING AND SPECIAL INSPECTION ENGINEERING CONSULTING SERVICES This Agreement is entered into effective as of November 17, 2026 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Twining, Inc., A California Corporation Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City has identified the need for on-call Geotechnical, Materials Testing and Special Inspection Engineering Consulting Services for various Capital Improvement Program (“CIP”) and other projects during the planning, design and construction phases; and WHEREAS, on August 21, 2026 a Request for Proposals/Qualifications for Professional Services for Geotechnical, Materials Testing and Special Inspection Engineering Services was issued; and WHEREAS, on September 16, 2026 10 proposals were received; and WHEREAS, the City Selection Committee determined <<Insert Conultant Name>> as one of three Consultants to provide these services; and WHEREAS, the Consultant selection process was conducted in accordance with Section 2.56.110 of the Chula Vista Municipal Code; and WHEREAS, this Agreement is subject to Prevailing Wages and the City’s Project Labor Agreement. WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. End of Recitals. Next Page Starts Obligatory Provisions.] Page 211 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 2 City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. Rev. 1.20.2026 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and Page 212 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 3 City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. Rev. 1.20.2026 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 1.11 Prevailing Wage Compliance. Consultant and subcontractors shall comply with the state of California’s prevailing wage requirements in accordance with California Labor Code, and all Federal, State, and local laws and ordinances applicable to persons employed by them for public works in a covered work classification. The City has ascertained that general prevailing wage rates may be applicable to all or a portion of the work to be performed for the Required Services. This includes work performed during the design and preconstruction phases of construction including, but not limited to Construction/Building Inspectors, Land Surveying, and Field Soils and Material Testers. When payment of prevailing wages applies to the Required Services the wage rates shall be reimbursed at the minimum rates set by the State of California’s Department of Industrial Relations (DIR). The DIR’s prevailing wage determinations are available online at https://www.dir.ca.gov/OPRL/PWD/. Consultant and its subcontractors shall post a copy of the prevailing rates of wages at each applicable job site and shall make them available to any interested party upon request. The date of the City’s request for a cost proposal for a task order under this Agreement shall be used to determine which published prevailing wage rate applies to the task order. All published wage rates and all predetermined wage rate increases known at the date of the City’s request for a cost proposal shall apply. 1.12 Department of Industrial Relations (DIR) Registration. Pursuant to Labor Code Section 1725.5, the City requires, as applicable, Consultant and subcontractors of any tier to be registered with the DIR for the term of this Agreement. 1.13 Project Labor Agreement. Consultant and subcontractors, regardless of tier, performing any work under this Agreement as defined by California Labor Code section 1720, shall abide by the terms and requirements identified in the attached Exhibit E, Project Labor Agreement (PLA), incorporated into the Agreement by this reference. These terms and requirements include but are not limited to the following: a. Letter of Assent. Consultant and subcontractors agree to be bound by the PLA by submitting a Letter of Assent (PLA Exhibit A) to the City’s Project Labor Coordinator. Consultant shall submit its Letter of Assent as a condition of Agreement award and all applicable subcontractors shall submit their Letters of Assent before starting any covered work on a project. b. Pre-Job Conference. Consultant and subcontractors shall conduct a pre-job conference with the applicable Union(s) at least 14 calendar days before starting any covered work. Consultant is responsible for facilitating and scheduling its own pre-job conference and for facilitating, scheduling, and ensuring that all applicable subcontractors conduct a pre-job conference. Page 213 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 4 City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. Rev. 1.20.2026 Certified Payroll Records. Consultant and subcontractors shall submit weekly certified payroll records including but not limited to a Statement of Compliance signed under penalty of perjury, reflecting the wages of all employees engaged in the work, using the City’s web-based labor compliance software. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Intentionally Omitted. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. Page 214 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 5 City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. Rev. 1.20.2026 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-Consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-Consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the 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: Page 215 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 6 City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. Rev. 1.20.2026 a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 1.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. Page 216 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 7 City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. Rev. 1.20.2026 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits public agency officers from participating in any action related to a contract if such officer receives political contributions totaling more than $500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement by this reference. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior Page 217 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 8 City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. Rev. 1.20.2026 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. Consultant hereby waives any right to remove any action from San Diego County as may otherwise be permitted by California Code of Civil Procedure section 394. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first 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 Page 218 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 9 City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. Rev. 1.20.2026 such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-Consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely Page 219 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 10 City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. Rev. 1.20.2026 responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. 8.11 Exhibits. Each Exhibit attached herein is incorporated by this reference. End of page. Next page is signature page.) Page 220 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 11 City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. Rev. 1.20.2026 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. TWINING, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Steve Schiffer TIFFANY ALLEN Chief Revenue Officer CITY MANAGER APPROVED AS TO FORM BY: _______________________________ Marco A. Verdugo City Attorney Page 221 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 12 City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. Rev. 1.20.2026 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: David Hicks 1800 Maxwell Road, Chula Vista CA 91911 619-617-6999 dhicks@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: Twining, Inc. Logan Nusse 4811 Airport Plaza Drive, Suite 220, Long Beach, CA 90815 562) 426-3355 LNusse@twininginc.com For Legal Notice Copy to: Steve Schiffer 4811 Airport Plaza Drive, Suite 220, Long Beach, CA 90815 562) 426-3355 SSchiffer@twininginc.com 2. Required Services A. General Description: Consultant shall provide geotechnical, materials testing and special inspection engineering consulting services at the direction of and to the satisfaction of the City Engineer for CIP and other projects on an on-call basis for each project (each a “Task Order”). The number and scope of Task Orders will vary at the sole discretion of the City. Consultant acknowledges and agrees that the City is not required to request the Consultant to provide any Required Services under this Agreement. Consultant acknowledges and agrees that it is not entitled to any compensation under this Agreement until it has provided Required Services as authorized by a Task Order. Consultant shall provide materials testing laboratory facilities with equipment and personnel qualified to perform sampling and testing including, but not limited to bituminous materials, concrete, rock materials, Page 222 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 13 City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. Rev. 1.20.2026 bedding and backfill material. The materials testing laboratory shall have a documented Quality Assurance Program (“QAP”) in conformance with the City’s 2024 QAP, including but not limited to certification of personnel, and laboratory and field-testing equipment calibrated at least once a year using devices traceable to the National Institute of Standards and Technology. The Consultant shall provide a copy of the QAP annually. Upon City request, provide certified copies of calibration and maintenance records for all instruments and devices utilized in field and laboratory analyses. The City may provide Consultant with reports or data that have been prepared by City staff or other firms. B. Detailed Description: 1. Personnel. Consultant shall provide personnel that are experienced in all areas of geotechnical, materials testing and special inspection engineering. Knowledge of City codes, procedures and regulations including, but not limited to City of Chula Vista Standard Special Provisions, City of Chula Vista Design and Construction Standard Drawings and City of Chula Vista Subdivision Manual, the Greenbook, San Diego Regional Standard Drawings, Caltrans Standard Plans and Specifications and American Society for Testing and Materials standards are required. The City shall have the right to make the determination of the qualifications of individual personnel and shall have the right to require the substitution of non-qualified individuals with qualified personnel. 2. Task Order Proposal. Consultant shall coordinate with the City to identify the scope of work needed for each Task Order, including any required meetings. Consultant shall provide City with a not-to- exceed fee proposal for each Task Order with personnel and material testing hours and rates clearly identified. The City will issue a purchase order for each Task Order. Provide the requested services within three working days after receiving Task Order approval from the City. 3. Scope of Work. Consultant shall provide the following services. 3.1 Geotechnical material testing, soils sampling and inspection in accordance with relevant test methods and standards. 3.2 Inspection of earthwork operations during construction including, but not limited to site preparation for fill placement, sub-drainage system construction, compaction methods and recommendations for unsuitable material removal. 3.3 Express Authorization to Execute Hazardous Waste Documents. The City hereby duly authorizes Consultant as the City’s duly authorized representative for the limited purpose of signing, certifying, and submitting necessary hazardous waste manifests and related environmental documentation as required under applicable federal, state, and local laws in connection with the handling, transportation, and disposal of hazardous waste generated from the project. The Consultant shall exercise this authority in accordance with all applicable federal, state, and laws and regulations and shall maintain records of all such documentation. There shall be no transfer of ownership or generator status of any waste to the Consultant as a result of this authorization. The City may revoke this authorization at any time upon written notice. 3.4 Special inspection services in accordance with the applicable test method and standard, including Chapter 17 of the current California Building Code. 3.5 Prepare plans and specifications, geotechnical reports, engineering technical memorandums and other related documents. Page 223 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 14 City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. Rev. 1.20.2026 4. Deliverables Standards. Consultant shall make Task Order documentation available to the City when requested. The following deliverables are required: 4.1 Provide City with written laboratory sampling and analysis results within three working days after completion of laboratory testing. Email test results to City. 4.2 Provide the following with test reports: 4.2.1 Laboratory name and address 4.2.2 Date sample(s) taken 4.2.3 Location of sample(s) 4.2.4 Date sample(s) received 4.2.5 Test sample unique number 4.2.6 Test method 4.2.7 Test results 4.2.8 Analysis of tests which failed and potential solutions 4.2.9 Photos 4.2.10 Signed report 4.3 Required deliverables specific to Task Order. 5. Software and Methodology. Identify software and methodology used for Task Orders, which shall require advanced approval by the City. At a minimum, use AutoCAD Civil3D 2021 and Bluebeam. 6. Records. Provide the City with all original data, reports, records, etc. of field and laboratory analyses. Maintain copies of all records related to field and laboratory testing performed under each Task Order for a minimum of five years from the date of the sample, measurement, report, etc. This period may be extended during the course of any unresolved litigation or when requested by the City of Chula Vista. 7. Invoices. Provide billing invoices and backup information in compliance with all City procedures. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin Begin Date and end on June 30, 2028 for completion of all Required Services. If the City desires for Consultant to continue to provide Required Services for projects that are in progress at the expiration date of this Agreement, the City may, in its sole discretion, extend the term of this Agreement by administrative amendment to a date needed to complete the Required Services. In any event the extension should not exceed twelve (12) months from the date of the issuance of the remaining Task Order. 4. Compensation: A. Form of Compensation Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: See Exhibit F for Labor Rate and Laboratory Rate Schedules. Page 224 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 15 City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. Rev. 1.20.2026 B. Reimbursement of Costs Invoiced or agreed-upon amounts as follows: Consultant acknowledges and agrees that lodging and per-diem are not reimbursable expenses for work performed within the San Diego region. Consultant acknowledges and agrees that out of region travel time, expenses, lodging, and per-diem will not be reimbursed unless expressly authorized and agreed to in writing in advance by the City for each Task Order. Consultant acknowledges and agrees that when reprographics and courier services are requested by the City, expenses will be reimbursed at cost when performed by a third-party business entity and only when accompanied by a copy of original invoice. Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through June 30, 2028 shall not exceed $150,000. 5. Special Provisions: Permitted Sub-Consultants: See Exhibit G for Approved Sub-Consultants list. Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for three (3) additional terms, defined as a one-year increment or option to extend. 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 3.5 percent for each extension. The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term. The option terms shall be as follows: Option Year 1 – (July 1, 2028 through June 30, 2029): $100,000* Option Year 2 – (July 1, 2029 through June 30, 2030); $100,000* Option Year 3 – (July 1, 2030 through June 30, 2031); $100,000* Amounts duly approved but not encumbered during the original term or previously exercised options to extend may be carried over in the City’s sole discretion to increase the maximum amount during the option Terms. Other: Project Labor Agreement Compliance. Compliance with the PLA is required for all job classifications covered by the PLA Signatory Unions at the time the Agreement is executed. Artificial Intelligence (AI) Policy. Consultant shall be aware of and comply with the terms and requirements identified in the attached Exhibit H, Artificial Intelligence (AI) Policy, incorporated into the Agreement by this reference.) None Page 225 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 16 City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. Rev. 1.20.2026 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form General Liability: Including products and completed operations, personal and advertising injury 2,000,000 per occurrence for bodily injury, personal injury including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 Must be primary and must not exclude Products/Completed Operations Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned Workers’ Compensation Employer’s Liability 1,000,000 each accident 1,000,000 disease policy limit 1,000,000 disease each employee Waiver of Recovery Endorsement Other Negotiated Insurance Terms: Professional Liability, Errors & Omissions at $1,000,000 each occurrence and $2,000,000 aggregate. Page 226 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 17 City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. Rev. 1.20.2026 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some Consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 A. Consultant will not exert influence over the official or contracting decisions of City and is therefore EXCLUDED4 from disclosure. B. Consultant WILL exert influence over the official or contracting decisions of City and their disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) A. Full Disclosure B. Limited Disclosure (select one or more of the categories under which the Contractor shall file): 1. 2. 3. 4. 5. 6. 7. Justification: C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or 866) 275-3772 *2. 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). Page 227 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 18 City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. Rev. 1.20.2026 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: Nicola M. Kavanagh Page 228 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 19 City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. Rev. 1.20.2026 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 $500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The Levine Act does not apply to competitively bid, labor, or personal employment contracts; contracts valued at under $50,000; contracts where no party receives financial compensation; or contracts between two or more agencies. A. The Levine Act (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 $500 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement? YES: If yes, which Officer(s): Click or tap here to enter text. NO: 2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $500 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement? YES: If yes, which Officer(s): Click or tap here to enter text. NO: Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any actions related to the Agreement. 5 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308 Page 229 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda E City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. EXHIBIT E PROJECT LABOR AGREEMENT (PLA) Page 230 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 231 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 232 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 233 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 234 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 235 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 236 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 237 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 238 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 239 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 240 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 241 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 242 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 243 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 244 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 245 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 246 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 247 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 248 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 249 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 250 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 251 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 252 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 253 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 254 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 255 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 256 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 257 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 258 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 259 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 260 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 261 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 262 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 263 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 264 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 265 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 266 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 267 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 268 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 269 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 270 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 271 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 272 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 273 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 274 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 275 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 276 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 277 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 278 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 279 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 280 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 281 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda F City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. EXHIBIT F LABOR RATE AND LABORATORY RATE SCHEDULES Page 282 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda City of Chula Vista Rate Schedule for On-Call Geotechnical, Materials Testing & Special Inspection Engineering Consulting Services September 16, 2026 Page 283 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Twining | City of Chula Vista 2 Rate Schedule DATE:9/15/2026 Agreement Execution Date - 6/30/2028 Straight Time Overtime Double Time 1 Special Inspector Cappello, Steve 130.00$ 195.00$ 260.00$ 2 Special Inspector Clarke, Douglas 130.00$ 195.00$ 260.00$ 3 Certified Welding Inspector (AWS)Cloonan, Steve 130.00$ 195.00$ 260.00$ 4 Special Inspector Cypher, Robert 130.00$ 195.00$ 260.00$ 5 Special Inspector Franco-Casas, Jose 130.00$ 195.00$ 260.00$ 6 Certified Welding Inspector (AWS)Harris, William (Bill)130.00$ 195.00$ 260.00$ 7 Special Inspector Nuno, Carlos 130.00$ 195.00$ 260.00$ 8 Special Inspector Reyes, Apolinar (Polo)130.00$ 195.00$ 260.00$ 9 Special Inspector Richardson, Mike (Jeffrey)130.00$ 195.00$ 260.00$ 10 Special Inspector Shumate, Steve 130.00$ 195.00$ 260.00$ 11 Special Inspector Tadros, Oussama (Alex)130.00$ 195.00$ 260.00$ 12 Special Inspector Viramontes, Fidencio (Fide)130.00$ 195.00$ 260.00$ 13 Special Inspector Williams, Rich 130.00$ 195.00$ 260.00$ 14 Special Inspector Wynn, Steve 130.00$ 195.00$ 260.00$ 15 Principal Engineer/Geologist Paul Soltis 195.00$ 292.50$ 390.00$ 16 Registered Civil Engineer Sammy Daghighi 185.00$ 277.50$ 370.00$ 17 Senior Engineer/Geologist Yiwen Bu 185.00$ 277.50$ 370.00$ 18 Material Scientist, Welding/NDT Consultant Boris Stein 195.00$ 292.50$ 390.00$ 19 Project Engineer/Manager Robert Clevenger 185.00$ 277.50$ 370.00$ 20 Registered Geologist/Certified Engineering Geologist Jon Browning 195.00$ 292.50$ 390.00$ 21 Senior Engineer/Geologist Hossein Bahmyari 185.00$ 277.50$ 370.00$ 22 Project Engineer/Manager Amir Ghavibazoo 195.00$ 292.50$ 390.00$ 23 NDE Technician Christian Barroso 150.00$ 225.00$ 300.00$ LABOR CLASSIFICATION NAME Twining, Inc. 1 of 5 Page 284 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Twining | City of Chula Vista 3 DATE:9/15/2026 Agreement Execution Date - 6/30/2028 Straight Time Overtime Double Time LABOR CLASSIFICATION NAME Twining, Inc. LABOR RATES 24 Senior Engineer/Geologist Liangcai He 185.00$ 277.50$ 370.00$ 25 Senior Engineer/Geologist Adrian Moreno 185.00$ 277.50$ 370.00$ 26 Project Engineer/Manager Ryan Powney 185.00$ 277.50$ 370.00$ 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Rate Schedule Page 285 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Twining | City of Chula Vista 4 Twining, Inc.DATE:9/15/2026 Fee per Each Test Performed by Outside Lab Y/N) CONCRETE MATERIAL TESTING 1 2 3 4 5 MASONRY MATERIAL TESTING 6 7 8 9 10 11 12 13 AGGREGATE MATERIAL TESTING 14 15 16 17 18 ASPHALT CONCRETE MATERIAL TESTING 19 20 21 FULL DEPTH RECLAMATION SUBGRADES TESTING 22 23 24 25 Standard Test Method for Resistance R-Value and Expansion Pressure of Compacted Soils ASTM D2844-94 495.00$ 26 27 Observing Micro-Cracking operations and performing stiffness testing of the CTS materials using a Geogauge. Test cost based on field technician time at rate of for use of stiffness gauge GEOTECHNICAL MATERIAL TESTING 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 LABORATORY METAL SERVICES - MECHANICAL TESTING 45 46 47 48 CITY OF CHULA VISTA RFP/RFQ FOR ON-CALL GEOTECHNICAL, MATERIALS TESTING & SPECIAL INSPECTION ENGINEERING CONSULTING SERVICES LABORATORY RATES Agreement Execution Date - 6/30/2028TestIDPRIMARYTEST/NAME 3 of 5 Rate Schedule Page 286 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Twining | City of Chula Vista 5 Twining, Inc.DATE:9/15/2026 Fee per Each Test ( Y/N) Agreement Execution Date - 6/30/2028TestIDPRIMARYTEST/NAME 49 50 Tensile Testing (ultimate strength only), Round Bar Reduced Section 0.505” Diameter, each $295.00 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 LABORATORY METAL SERVICES - MACHINING 66 67 68 69 70 71 72 73 74 75 76 77 78 LABORATORY METAL SERVICES - HIGH STRENGTH BOLT TESTING 79 80 81 ASTM Testing Methods 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 Caltrans Testing Methods 98 99 100 101 102 103 104 105 106 CA TEST 312 3,940.00$ 107 Rate Schedule Page 287 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Twining | City of Chula Vista 6 Twining, Inc.DATE:9/15/2026 Fee per Each Test Performed by Outside Lab Y/N) Agreement Execution Date - 6/30/2028TestIDPRIMARYTEST/NAME 108 109 In-Place Density and Relative Compaction of Asphalt Concrete Pavement (Built into Hourly Rate)CA TEST 375 #N/A 110 111 112 Hourly Rate) CA TEST 540 #N/A 113 114 115 116 117 118 119 120 Determination of Moisture in Soils, Minerals Aggregates, and Bituminous Mixtures by Xylene Reflux Distillation CA TEST 311 Mentioned test method doesn't exist. Twining doesn't perform this test Others 121 122 123 124 125 126 Rate Schedule Page 288 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Twining | City of Chula Vista 7 Pacific Drilling Co - Hourly Prevailing Wage Rates - California Rates Valid Thru 12/31/2030 Equipment Description Hourly Notes Drill Rig Rate-Truck Mount 540.00$ 5 Hour Daily Minimum. 8 Hour Minimum For Night Shift. Drill Rig Rate-Mantis MultiDrill PL-G 540.00$ 5 Hour Daily Minimum. 8 Hour Minimum For Night Shift. Drill Rig Rate-Mole/Mini-Mole 540.00$ 5 Hour Daily Minimum. 8 Hour Minimum For Night Shift. Drill Rig Rate-Tripod 540.00$ 5 Hour Daily Minimum. 8 Hour Minimum For Night Shift. Overtime Surcharge Per Man 55.00$ Over 8hrs per day, Nights, Saturdays Doubletime Surcharge Per Man 110.00$ Sundays and Holidays Hazard Surcharge - Per Man 15.00$ Hazardous conditions, Hillsides, USL&H Extra Man - Portal to Portal 200.00$ Overtime Surcharges apply after 8hrs, on weekends and at night. Support Equipment Description Daily Rate Notes Water Truck 495.00$ Up to 825 gallons. Client to provide water source outside SD Co. Additional Water Tote (275gal)150.00$ Additional support truck may be required. Support Truck w/ Lift Gate 425.00$ Chase Truck (Pick-Up)300.00$ Mini Bobcat 450.00$ Material Handling or External Hydraulic Power Source 4x4 Surcharge 300.00$ Per vehicle per day CPT Equipment Package 500.00$ Half Day Charge: $300.00 (5Hrs) Shear Wave Tests: $35.00ea Mud Rotary/HQ Casing Advancement 475.00$ Includes mud pit, sealing material, drill mud, and 1 bit Cased Air Rotary Equipment (ODEX)1,150.00$ Includes Air Compressor, DTH Hammer, and 1 bit. Rock Coring Equipment HQ 695.00$ Additional Bits, Reaming Shells, and Fluid Additives: Cost + 10% Continuous Core Soil Sampling 250.00$ 5ft barrel. Acetate liners available at additional cost. Pitcher Barrel 450.00$ Extra charge for Shelby Tubes (See Bolow) Packer Testing 850.00$ Per Day Bulldog Bit - Concrete Drilling 150.00$ Extra Charges for excess wear Concrete Coring Equipment 650.00$ Includes Core Barrel, Generator Asphalt Coring - 16", 24", 36"250.00$ Exhaust Ventilation Equipment 275.00$ Includes 100' of hose. Extra hose = $1.00/ft Core Barrel 24", 30", 36"175.00$ Teeth damaged or destroyed charged per schedule below. Consumables Unit Price Notes DOT Drums - Ea 140.00$ Poly Core Boxes - Ea 45.00$ 10ft of Core per Box Wooden Core Boxes - Ea 105.00$ 15ft of Core per Box Portland/Bentonite Grout -Per Foot 6.00$ Bentonite Chips - Per Bag 28.00$ 2" PVC Well Materials - Per Foot 25.50$ Inclinometer Well Materials - Per Foot 26.50$ Includes top/bottom cap and backfill 6"-8" Surface Completions - Ea 195.00$ Includes 30" Concrete Apron 6"x2.5" SS Sleeves - Ea 11.00$ Includes End Caps 6"x2.5" Brass Sleeves - Ea 13.00$ Includes End Caps 1"x2.5" Rings - Set of 6 40.00$ Included Plastic Can 3"x30" Shelby Tubes - Ea 45.00$ Includes end caps Auger Teeth - Ea 45.00$ Typically 4 per cutterhead Cutterhead - Ea 680.00$ Includes 4 Replacement Teeth Tricone/Drag Bit - 3",4"5"450.00$ HQ/NQ Diamond Core Bit 750.00$ HQ/NQ Reaming Shell 650.00$ Concrete Patch - Ea 25.00$ Black Dye: Add$10.00 Aquaphalt Patch - Ea 35.00$ Utilibond Core Replacement per Pail 180.00$ Typically 2 core replacements per Pail Restocking Charge 125.00$ Special orders returned will incur vendor's restock fee +20% Misc. Charges Unit Price Notes Subsistence - Per Man 335.00$ Per Night Drill rig rates are calculated on a portal to portal basis with overtime surcharges added after 8 hours. Hourly rates include the drill, 2 man crew, auger tooling and soil sampling equipment and are subject to a 5 hour daily minimum and an 8 hour minimum at night. Additional support equipment and consumables will be Rate Schedule Page 289 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Twining | City of Chula Vista 8 PROFESSIONALS PER HOUR Level 1 Scientist/Engineer $120 Level 2 Scientist/Engineer Project Supervisor 130 140 Level 3 Project Scientist/Engineer Project Manager 155 165 Level 4 Project Manager, Senior Scientist/Engineer $200 Level 5 Senior Project Manager $225 Level 6 Senior Project Director $245 Level 7 Principal/Associate Principal $270 Level 8 Senior Principal $340 Note: A general and administrative fee of 15% is added to Other Direct Costs and Expenses. Rates are subject to a surcharge for short lead-time projects requiring readjustment of professional resources. Fees for litigation support or acquisition support are negotiated on an individual basis. Rates are subject to annual review. All internal copying, computer usage, and report materials are included in the above rates unless otherwise negotiated. 2026 PROFESSIONAL FEE SCHEDULE TECHNICIANS PER HOUR ADMINISTRATIVE SUPPORT PER HOUR Technician $95 Senior Technician $110 Construction Support $135 Report Specialist $75 All rates effective January 1, 2026 creative thinking. custom solutions. © Rate Schedule Page 290 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Twining | City of Chula Vista 9 Advantage Geophysics, Inc. Gilbert, Arizona San Diego, California Vancouver, Washington www.advantagegeophysics.com PROFESSIONAL GEOPHYSICAL SERVICES SCHEDULE OF FEE — San Diego Prevailing Wage PROFESSIONAL SERVICES Principal Professional ........................................................................ $200 Senior Project Geophysicist .............................................................. $135 Project Geophysicist ......................................................................... $105 Senior Staff Geophysicist .................................................................... $90 Project Manager ............................................................................... $150 Project Coordinator .......................................................................... $100 Administrative Services ....................................................................... $80 DELIVERABLES Data Processing ................................................................................ $100 AutoCAD Services................................................................................ $90 Letter Report (Fixed) ......................................................................... $275 Illustrated Report (Fixed) .................................................................. $350 GPS Mapping (Daily) ......................................................................... $300 Expedited Report (Fixed) .................................................................. $575 GENERAL GEOPHYSICAL STUDIES SUE Level B Utility Evaluations LINE TRACER, GROUND PENETRATING RADAR, ELECTROMAGNETICS, MAGNETICS Mobilization/Demobilization ............................................................ $275 Hourly Rate ....................................................................................... $315 Full-Day Rate .................................................................................. $2,795 Rebar Evaluations GROUND PENETRATING RADAR (1-PERSON CREW) Mobilization/Demobilization ............................................................ $150 Hourly Rate ....................................................................................... $170 Full-Day Rate .................................................................................. $1,510 GROUND PENETRATING RADAR (2-PERSON CREW) Mobilization/Demobilization ............................................................ $300 Hourly Rate ....................................................................................... $340 Full-Day Rate .................................................................................. $3,020 GEOPHYSICAL DATA ACQUISITION Underground Storage Tank Evaluation GROUND PENETRATING RADAR, ELECTROMAGNETICS, MAGNETICS Mobilization/Demobilization ............................................................ $375 Hourly Rate ....................................................................................... $370 Half-Day Rate ................................................................................. $1,855 Full-Day Rate .................................................................................. $3,335 Well, Void, Landfill, Pile Integrating Testing GROUND PENETRATING RADAR, ELECTROMAGNETICS, MAGNETICS, FOUNDATION TEST GAUGE Mobilization/Demobilization ............................................................ $375 Hourly Rate ....................................................................................... $370 Half-Day Rate ................................................................................. $1,855 Full-Day Rate .................................................................................. $3,335 Resistivity (Standard 4-Pin Wenner) MINI STING ("A" SPACINGS UP TO 200 FT) Mobilization/Demobilization ............................................................ $375 Hourly Rate ....................................................................................... $370 Half-Day Rate ................................................................................. $1,855 Full-Day Rate .................................................................................. $3,335 ADVANCED GEOPHYSICS Seismic Refraction, 2-D MASW Mobilization/Demobilization ............................................................ $570 Hourly Rate ....................................................................................... $425 Half-Day Rate ................................................................................. $2,270 Full-Day Rate .................................................................................. $3,970 Seismic 1-D ReMi or 1-D MASW Initial Line ...................................................................................... $1,650 Additional Line .................................................................................. $425 Pavement/Asphalt Drilling (Daily) ..................................................... $300 1-D MASW/1-D ReMi Co-Located Study ACTIVE AND PASSIVE SOURCE SHEAR WAVEPROFILEInitialReMi/MASW Line ................................................................. $2,600 Additional ReMi/MASW Line ............................................................ $630 Pavement/Asphalt Drilling (Daily) ..................................................... $300 Engineering Services GROUND MOTION ANALYSIS (ASCE 7-16/CBC 2019), SHEAR MODULUS & POISSON'S RATIO Site Specific Ground Motion Evaluation ......................................... Quote Shear Modulus & Poisson's Ratio ................................................... $4,750 Sting ERT/Resistivity A" SPACINGS MORE THAN 200 FEET Mobilization/Demobilization ............................................................. $575 Hourly Rate ....................................................................................... $425 Half-Day Rate ................................................................................. $2,275 Full-Day Rate .................................................................................. $3,975 UXO/MEC Study GROUND PENETRATING RADAR, ELECTROMAGNETICS, MAGNETICS Mobilization/Demobilization ............................................................. $575 Hourly Rate ....................................................................................... $425 Half-Day Rate ................................................................................. $2,275 Full-Day Rate .................................................................................. $3,975 Downhole Magnetic Study BARTINGTON GRAD-13-1000S TRI-COMPONENT FLUX GATE MAGNETIC GRADIOMETER Mobilization/Demobilization ............................................................. $575 Hourly Rate ....................................................................................... $425 Half-Day Rate ................................................................................. $2,275 Full-Day Rate .................................................................................. $3,975 Surface to Downhole Seismic Study GEOSTUFF WALL-LOCK BOREHOLE GEOPHONE Mobilization/Demobilization ............................................................. $575 Hourly Rate ....................................................................................... $425 Half-Day Rate ................................................................................. $2,275 Full-Day Rate .................................................................................. $3,975 Crosshole Seismic Study GEOSTUFF WALL-LOCK BOREHOLE GEOPHONE ............................ Quote TERMS AND CONDITIONS Prevailing wage rates will increase consistent with general prevailing wage determinations made by the California Department of Industrial Relations. All field services will be charged portal to portal with the following minimum charges: 1. The client will be invoiced only for the hours worked in 4 and 8 hour increments. 2. A 2-hour show-up charge will be applied to any service canceled the same day of service. 3. Work more than 8 hours up to 12 hours in a single day will be charged in 1-hour increments at 1.5 times the standard rate. 4. Work more than 12 hours in a single day will be charged in 1-hour increments at 2 times the standard rate. 5. Work performed outside of standard business hours and work week will be charged an additional 50%. Fees for specialty geophysical services such as seismic reflection, crosshole, gravity, pile integrity testing, vibration monitoring, magnetotellurics, UXO, MEC, etc. will be charged on a per project basis. Utility focused projects requiring specialized training such as MSHA (mines) or RSO (refineries) will be billed at a general rate. Mileage will be charged at the standard federal rate per mile for distances more than 50 miles from the location of dispatch. Per Diem charges will be applied to projects outside a 50-mile radius of our office. Subcontracted services will be charged at cost plus 20 percent. Invoices will be submitted monthly. These invoices are due in full upon presentation to the client. Invoices outstanding more than 30 days will be considered past due. A finance charge computed at the rate of 1.5 percent per month, which is an annual rate of 18 percent, will be charged on all past due accounts. If legal action is brought on delinquent accounts, the prevailing party shall be entitled to recover its reasonable attorney’s fees and other costs of collection. Our services are performed in accordance with the current standards of practice in the industry. No other warranty or representation, express or implied, is made or intended. Rate Schedule Page 291 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Twining | City of Chula Vista 10 Twinning Inc. San Diego 09/01/2026 Prevailing Wage - Onsite Effective Date: Through Date: Hourly Weekday/NT Saturday/OT Sunday/DT TC Operation, 1-TC, 1 Truck $165.00 $247.50 $313.50 TC Operation, 2-TCs, 1 Truck $315.00 $472.50 $598.50 Traffic Control Service Page 1 of 5 TMI Authorization Name Title DateSignature 9/1/2026 I authorize the above rate sheet TitleCustomerContactName Signature Date Signing this document means you hereby agree to all the terms and conditions Received & Acknowledged By: Twinning Inc. San Diego 09/01/2026 Prevailing Wage - Onsite 06/30/2027 Effective Date: Through Date: Plan & Order Rate Encroachment Permit Agency Cost Cost + 15% Encroachment Permit Service Fee $382.00 Ea Post No Parking Installation (Enforcable)$520.00 Ea Traffic Control Plan; Engineered, B Size (11x17), Per Sheet 491.00 Per sheet Traffic Control Plan; Non-Engineered, B Size 11x17), Per Sheet 300.00 Per sheet Equipment Rate Automated Flagger Assistance Device ( AFAD , Unit Only ) (SERVICE DEVICE) Quote Required CMS - Messageboard, Solar (RENTAL DEVICE)$218.00 Daily $655.00 Weekly $1420.00 Monthly CMS - Messageboard, Solar (SERVICE DEVICE)$137.00 Ea Cone Truck, Stakebed (SERVICE DEVICE) Delivery or Pickup, small truck, 1-TC Traffic Control Plans, Permits & Other Page 2 of 5 TMI Authorization Name Title DateSignature 9/1/2026 I authorize the above rate sheet TitleCustomerContactName Signature Date Signing this document means you hereby agree to all the terms and conditions Received & Acknowledged By: 284.00 Ea 166.00 Ea Portable Job Site Light (Cordless) (SERVICE DEVICE) 38.00 Ea Portable Light Tower - (4) 1000w Lights (RENTAL DEVICE) 99.00 Daily $393.00 Weekly $1179.00 Monthly Portable Light Tower - (4) 1000w Lights (SERVICE DEVICE) 82.00 Ea TMA- Attenuator Truck (No Driver) (SERVICE DEVICE) 315.00 Ea Rate Schedule Page 292 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Grounded in Safety, Built on Sustainability Page 293 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda G City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. EXHIBIT G APPROVED SUB-CONSULTANTS LIST 1. Permitted sub-consultants are as follows: A. Advantage Geophysics, Inc. B. EnSafe, Inc. C. Pacific Drilling Co. D. Traffic Management, LLC Page 294 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda H City of Chula Vista Agreement No.: 2026-367 Service Provider Name: Twining, Inc. EXHIBIT H ARTIFICIAL INTELLIGENCE (AI) POLICY Page 295 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] I. BACKGROUND The City of Chula Vista strives to enhance public services, operational efficiency, and community engagement aided by the responsible use of Artificial Intelligence (“AI”) systems. AI use, including machine learning, predictive analytics, and generative systems can optimize City operations and the provision of public services, so long as implementation accounts for privacy, equity, transparency, security and accountability. Embracing AI responsibly can enhance Chula Vista’s competitiveness, long-term vitality and resident experience. II. PURPOSE This policy establishes standards for the responsible, transparent, and ethical use of AI systems by all City departments, contractors, and partners. It facilitates the City’s use of AI systems for the benefit of the community while safeguarding against potential harm. This policy recognizes that employing AI use for the benefit of the City’s residents, businesses, and visitors can enhance the City’s efforts to improve service delivery and strengthen public trust, as well as cultivate a more innovative and resilient future. III. SCOPE This policy applies to all City departments, offices, elected officials, contractors, vendors, and third-party partners that develop, procure, configure, or use AI systems on behalf of the City. IV. DEFINITIONS 1. AI Inventory: A central, public-facing inventory of AI systems in use at the City that includes the following: project summary, purpose, use policy, vendor, risk level, and responsible department. 2. AI System: Any software, application, hardware, tool, utility or data system that utilizes AI in a way that meaningfully influences outputs, decisions, analysis, or content generation. 3. Algorithm: A series of logical steps through which an agent (typically a computer or software program) turns particular inputs into particular outputs. 4. Artificial Intelligence (AI): A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, determinations, or decisions influencing real or Page 296 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] virtual environments. AI systems use machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through automated analysis, and use model inference to formulate options for information or action or decisions that influence real or virtual environments. 5. Automated Decision System (ADS): An AI-enabled tool that makes or substantially assists in making decisions that impact individuals, programs, services, or public resources without requiring human intervention or judgment. 6. Generative Artificial Intelligence (GenAI): A subset of AI that is algorithmically trained on one or more large data sets and designed to generate new and unique data (e.g., text, pictures, video) in response to a prompt (generally questions, instructions, images, or video) input by the user. 7. Material Change: Any change or modification to an AI System that substantially changes its intended purpose, functionality, capabilities, data sources, risk category or legal, operational, or privacy impacts from those evaluated during the original review and approval. 8. Personally Identifiable Information (PII): Data that a person reasonably expects to remain confidential or private, including but not limited to, their social security number, driver’s license information, state identification card, passport number, military identification number, financial account numbers, debit card number, credit card number, account login credentials, IP address, email address, phone number, home address, precise geolocation at a given time, biometric information, contents of email, contents of mail, contents of text messages, ethnic origin, racial origin, genetic data, medical information, health information, immigration status, philosophical beliefs, political opinions, religious beliefs, sexual orientation, union membership, or membership in any other private organization. For purposes of this policy, PII does not include information recorded, obtained, or disclosed as part of an active criminal investigation, a lawful judicial hearing or process, or in accordance with other legal or statutory requirements, including but not limited to the California Public Records Act. 9. Responsible Official: A designated City employee with the authority and accountability to oversee an AI system’s deployment and operation in compliance with applicable laws and policies. Typically, a City department head or other executive. 10. Surveillance: To observe the movements, behavior, or actions of identifiable individuals, or to gather information that can readily be connected to identifiable individuals for purposes of analysis in accordance with a program or plan, without the knowledge and consent of the observed individuals. Page 297 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] V. POLICY 1. Guiding Principles 1.1. Transparency 1.1.1. The purpose and use of AI systems shall be communicated and disclosed to the public. 1.1.2. A public AI Inventory shall be maintained, listing each AI System’s purpose, vendor, risk level, and responsible department(s). 1.1.3. Departments shall be responsible for determining the threshold above which text generated by an AI system is “substantial,” consistent with the principles outlined in this Policy, the AI Handbook, as well as relevant intellectual property laws. 1.1.4. All images and videos created by GenAI systems must be attributed to the appropriate GenAI system. 1.2. Accountability 1.2.1. Each City department must have a designated Responsible Official accountable for AI system outcomes. 1.2.2. Humans must exercise oversight for all AI-assisted decisions affecting individuals or communities. 1.2.3. Roles and responsibilities govern the deployment and maintenance of AI systems, and human oversight supports adherence to relevant laws and regulations. 1.3. Privacy & Security 1.3.1. The collection, use, retention, and sharing of PII used by AI shall be limited. 1.3.2. No confidential or PII shall be entered into AI Systems without express authorization by AI Coordinator. 1.3.3. Privacy-enhancing techniques (e.g., de-identification, differential privacy, etc.) shall be employed where feasible. 1.3.4. All AI Systems must comply with state and federal data protection laws including, but not limited to, the California Public Records Act (PRA). 1.3.5. All AI Systems must comply with City Council policies, including but not limited to, City Council Policy 112-04 (Privacy Protection and Technology Transparency Policy). 1.3.6. All data sharing with vendors shall require strict contractual safeguards limiting use, retention, and re-identification of any shared data. Page 298 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] 1.3.7. AI systems shall adhere to cyber security best practices such as the principle of least privilege, granting only access to data, systems, applications, functions, and other resources necessary to perform their authorized purpose. 1.3.8. Use of AI systems shall maintain confidentiality, integrity, and availability of information through safeguards aligned to recognized security frameworks, standards and best practices that prevent unauthorized access and use. 1.3.9. Privacy shall be preserved in all AI systems by safeguarding PII and sensitive data from unauthorized access, disclosure, and manipulation. 1.3.10. Prompts or other inputs submitted by users to AI systems and the resulting outputs are not routinely retained by the City. If an input or output constitutes a City record, the user shall be responsible for retaining it in accordance with applicable City records retention policies and procedures. The use of an AI system does not alter the City's obligations under applicable records retention laws or the California Public Records Act. 1.4. Equity & Fairness 1.4.1. Use of AI systems will aim to support equitable outcomes for everyone. 1.4.2. Potential disparate or discriminatory impacts shall be assessed and addressed by making best efforts to review AI systems for equity and bias and identifying appropriate mitigation strategies prior to deployment. 1.4.3. Where appropriate, community engagement will be conducted to understand potential disparate impacts and feedback will be incorporated into AI Impact Assessment mitigation plans. 1.4.4. Prior to adopting a new AI system, training and risk analysis will be conducted to identify training needs, and appropriate City employees shall complete any required training and review system-specific risks, data, and limitations related to ethical use, privacy, and bias. 1.5. Human-First Principle 1.5.1. The City affirms that technology, including AI, exists to enhance, not replace, the human capacity to serve the community. 1.5.2. The City’s approach to AI use shall be human-first, meaning that automation and data- driven tools should support, empower, and augment the workforce. 1.6. Workforce Protections & Development Page 299 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] 1.6.1. Potential workforce impacts of AI solutions will be assessed and considered as part of the City’s adoption of AI solutions. 1.6.2. When automation affects job duties, departments shall prioritize upskilling, role redesign, or reassignment in consultation with affected represented labor groups as required. 1.6.3. The City will provide employees with training and professional development opportunities to build familiarity and confidence in using AI Systems responsibly. 1.6.4. City employees are empowered to use AI in their roles through education, training, task execution, and collaborations that promote participation and opportunity. 1.6.5. Technology adoption in a manner that values City employees by engaging them on potential workforce impacts and incorporating their perspectives into decision-making. 1.6.6. Labor group notification and bargaining shall be required where appropriate and worker dignity shall be preserved when AI is used to evaluate or manage personnel. 1.7. Operational Efficiency & Service Delivery 1.7.1. AI adoption should focus on providing exceptional service with a focus on cost effectiveness, operational excellence, streamlining repetitive tasks, and allowing employees to dedicate more time to high-value, human-centered work. 1.7.2. AI Systems should be deployed to improve customer experience, expand service accessibility, and increase responsiveness to residents and businesses. 1.7.3. Efficiency gains from AI should be reinvested to strengthen service quality, innovation capacity, and employee engagement. 2. Governance & Roles 2.1. AI Coordinator 2.1.1. The AI Coordinator shall be designated by the City Manager and shall be responsible for coordinating AI Policy implementation including maintaining the City’s central AI Inventory, conducting the AI Impact Assessments, supporting and coordinating training, and convening the AI Working Group (AWG). 2.2. AI Working Group (AWG) 2.2.1. The AWG shall be comprised of representatives from the City Attorney’s Office, City Clerk, Economic Development, Finance, Human Resources, and Information Technology Services Departments. Page 300 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] 2.2.2. The AWG shall review AI Tool Requests and AI Impact Assessments prior to approval. 2.2.3. The AWG shall review policies, at a minimum every two years, and recommend updates to reflect evolving best practices. 2.3. Departmental AI Lead 2.3.1. Each department shall appoint at least one AI Lead. The AI Lead shall be responsible for interfacing with the AI Coordinator to ensure department compliance, documentation, and coordination with the AWG. 2.4. Responsible Official 2.4.1. A Department Head, or other executive, shall oversee the applicable department’s AI Systems deployment and operation in compliance with applicable laws and policies. 3. Procurement & Review Process 3.1. Pre-Procurement Review 3.1.1. Departments shall submit an AI Tool Request describing functionality, data used, risk category (low, medium, high), procurement method, and vendor assurances (security, bias testing, etc.). 3.2. The AWG may perform technical and legal review prior to contract award as outlined in the AI Handbook.AI Impact Assessment (AIA) 3.2.1. Prior to deployment, departments, together with the AI Coordinator, shall complete an AIA that addresses matters including, but not limited to, the AI System’s purpose and necessity, benefits and outcomes, privacy and security, measures for oversight, and monitoring plans. 3.2.2. High risk AI Systems may be subject to independent third-party review, at the discretion of the City Manager or designee. 3.3. Emergency Uses 3.3.1. The procurement and review processes established in Sections 3.1 and 3.2 of this policy may be waived for emergency uses with approval of the City Manager and subject to subsequent reporting and City Council notification. 3.4. Vendor Management 3.4.1. Vendors must disclose model family, training data characteristics, known limitations, and provide a security and bias-mitigation approach. Page 301 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] 3.4.2. Contracts shall allow City access to technology for testing and auditing and shall include termination clauses. 3.4.3. AI Systems that experience a Material Change in functionality or use following approval shall undergo a new review and approval process prior to deployment of modified use or system. 4. Implementation & Reporting 4.1. AI Coordinator Responsibilities 4.1.1. The AI Coordinator shall maintain a central, public-facing AI Inventory and publish an annual AI Governance Report. 4.2. AI Handbook 4.2.1. In addition to this Policy, all AI systems shall adhere to the risk classification and approval processes, oversight and other requirements included in the AI Handbook. 4.2.2. The AI Handbook and AI Policy shall be reviewed periodically, at a minimum every two years, or upon changes in state or federal law. 4.3. Periodic Reviews 4.3.1. High risk systems may require periodic internal review or independent third-party reviews. 4.3.2. Results of such reviews and corrective action plans will be included in the AI Governance Report. 5. Prohibited or Restricted Uses 5.1. Real-time biometric surveillance or predictive policing without City Council authorization. 5.2. Fully automated decisions that do not require any meaningful human oversight, but substantially impact individuals in areas such as housing, employment, benefits, or enforcement actions. 5.3. Use of AI systems without human review or appeal processes. 5.4. Free-to-use GenAI websites or models that require the employee to create an account and agree to the terms and conditions of the GenAI company. 5.5. Covert use of AI systems to track individuals based on their behaviors, socioeconomic status, or personal characteristics, for any purpose, including social scoring. 5.6. Cognitive behavioral manipulation of people or specific vulnerable groups. Page 302 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X] 5.7. Use of any AI System not included in City AI Inventory. 6. Exemptions 6.1. Low-risk AI Systems that are used for individual productivity and generally support refinement, rather than content creation, such as brainstorming, grammar correction, style/tone adjustment, and/or proofreading are not subject to this Policy. 6.2. No confidential, proprietary or PII data can be entered into the exempted AI System, and it must not be integrated into any City system. HISTORY DATE ACTION RESOLUTION NO. Date] Adoption [Reso No.] Page 303 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda v . 0 0 5 P a g e | 1 November 17, 2026 ITEM TITLE Agreements: Approve Agreements with Rancho Santiago Community College District and Arogya Med Care for Chula Vista Fire Department Wellness and Laboratory Services Report Number: 26-0272 Location: No specific geographic location Department: Fire G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the State California Environmental Quality Act (CEQA) Guidelines. Therefore, pursuant to State CEQA Guidelines Section 15060(c)(3), no environmental review is required. Recommended Action Adopt resolutions: A) approving an agreement with Rancho Santiago Community College District, on behalf of Santa Ana College, for Fire Department wellness services, including fitness assessments, lectures and workshops, professional consultations, and coordination of medical and laboratory services; and B) approving an agreement with Arogya Med Care for laboratory and testing services. SUMMARY On August 28, 2026, the City issued a Request for Proposal (“RFP”), seeking competitive proposals from experienced and qualified individuals or firms to provide comprehe nsive professional wellness and laboratory services for the Fire Department’s Wellness Program. As a result of the RFP process, staff recommends that the City Council approve two separate agreements to support the Fire Department’s wellness and medical evaluation program. Rancho Santiago Community College District (“District”), on behalf of Santa Ana College, would provide wellness services, including fitness assessments, education, and professional consultation services. Arogya Med Care would provide laboratory and testing services. The agreements are separated because the District cannot consolidate invoicing for both providers. Each provider would invoice the City directly under its own agreement. Page 304 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda P a g e | 2 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 On January 15, 2026, the Measure A Citizens Oversight Committee voted to approve the recommendation of utilizing Fire Department training funds as a grant match for wellness activities. DISCUSSION The Fire Department proposes to enhance its annual wellness and medical evaluation program through coordinated fitness assessments, laboratory and testing services, wellness education and professional consultations. These services are intended to support prevention, early identification of health concerns, firefighter wellness and operational readiness. The grant-supported enhancements would expand testing beyond existing wellness evaluations and support the Department’s efforts to align its medical evaluation program with applicable NFPA 1582 standards. On January 20, 2026, the City Council adopted Item 5.10, Resolution No. 2026-015, accepting the Fiscal Year 2024 FEMA Assistance to Firefighters Grant, Award No. EMW-2024-FG-01070. The award provides $331,963.63 in federal funding and requires a City matching contribution of $33,196.37, for a total approved project budget of $365,160.00. The related staff report identified existing Measure A non-personnel training funds as the proposed source of the City match without increasing the Measure A Expenditure Plan. It anticipated spending approximately half the match in fiscal year 2025-26 and carrying the remaining appropriations forward into fiscal year 2026-27. The grant’s approved scope includes wellness and medical evaluation activities, including physical and wellness assessments, laboratory testing, specified cancer screenings and related follow-up services. The existing draft identifies an approved grant period of performance ending September 30, 2027. The City is currently pursuing an extension of the grant period as the grant-funded work must occur within the approved period, including any formally approved extension, and comply with award requirements. The City issued RFP P11-2027 for the Fire Department Wellness Program and received five proposals. A committee of City personnel evaluated the proposals for minimum requirements, experience, past performance and references, qualifications of proposed personnel, and approach to the work. Selection considered the overall proposal and the City’s best interests. Following the review, the selection committee recommended Santa Ana College for award. Santa Ana College’s SACFIT Wellness Program has provided health and fitness appraisals for first responders since 1973. Under the proposed agreement, Rancho Santiago Community College District (District), on behalf of Santa Ana College, would provide fitness assessments, lectures or workshops, and professional consultation services. Additionally, under a separate agreement, Arogya Med Care, would provide laboratory and testing services. Page 305 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda P a g e | 3 Following approval and execution of the agreements, the providers and Fire Department staff would coordinate scheduling across shifts and arrange services consistent with the respective scopes of work, operational needs, and applicable grant requirements. While the Fire Department would monitor implementation, contract performance, and compliance with grant reporting requirements. The proposed agreement with the District has an initial one-year term with compensation not to exceed $22,400 and four additional one-year renewal options. The proposed agreement with the District has an initial one-year term and a not-to-exceed amount of $22,400 and four additional one-year renewal options at the same rate, for a total not-to-exceed of $112,000 if all extension options are exercised. The proposed Arogya Med Care agreement has an initial one-year term with compensation not-to-exceed $182,232, with a one-year optional extension and a not-to-exceed of $138,128. 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 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 The annual costs to support the agreements are included in the fiscal year 2026-27 budget. The following spending plan reflects current prices for the first five program years. All amounts are estimates and are subject to any price adjustments authorized by the respective agreements. Vendor Initial Term Extension 1 Extension 2 Extension 3 Extension 4 70-MONTH Nov 26 – Nov 27 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 TOTAL $112,000 $320,360 Total $204,632 $160,528 $22,400 $22,400 $22,400 $432,360 ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this item. The FEMA Assistance to Firefighters Grant period of performance ends September 30, 2027, but is expected to be expended during the current fiscal year. Continuation of the enhanced wellness and laboratory services beyond the grant period will depend on available funding. Any ongoing costs would be evaluated through the City’s annual budget development process and would remain subject to appropriation. ATTACHMENTS 1. Santa Ana College SACFIT Wellness Program Agreement 2. Arogya Med Care Wellness Program Agreement Page 306 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda P a g e | 4 3. 5.1 Santa Ana College Proposal Staff Contact: Chris Manroe, Fire Chief Charles Kuniyoshi, Deputy Fire Chief Page 307 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Form Rev 9/30/2025 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT ON BEHALF OF SANTA ANA COLLEGE FOR FIRE DEPARTMENT WELLNESS SERVICES WHEREAS, the City of Chula Vista Fire Department (“Fire Department”) seeks to enhance its wellness and occupational medical evaluation program to support firefighter health, early identification of health concerns, and to prevent injuries; and WHEREAS, on January 20, 2026, the City Council adopted Resolution No. 2026-015, accepting the Fiscal Year 2024 Federal Emergency Management Agency Assistance to Firefighters Grant (“Grant”), Award No. EMW-2024-FG-01070, providing $331,963.63 in federal funding and requiring a City matching contribution of $33,196.37, for a total approved project budget of $365,160.00; and WHEREAS, the City matching contribution was identified within existing Fire Department Fiscal Year 2025-26 Measure A appropriations; and WHEREAS, the Grant supports eligible wellness and medical evaluation activities, including physical and wellness assessments, laboratory testing, specified cancer screenings, and related follow-up services; and WHEREAS, the City issued Request for Proposals (“RFP”) P11-2027, requesting proposals from qualified consultants to provide a comprehensive Wellness Program that includes fitness assessments; laboratory blood testing; educational lectures or workshops addressing health, fitness, and nutrition; and individualized professional consultation services in one-on-one or small- group settings; and WHEREAS, the RFP established evaluation criteria addressing experience, past performance and references, qualifications of proposed personnel, and a description of the proposer’s approach to work, with selection based on the overall proposal and the City’s best interests; and WHEREAS, following review of the five proposals received, the selection committee recommended awarding the contract to Rancho Santiago Community College District, through its Santa Ana College SACFIT Wellness Program; and WHEREAS, the City issued a Notice of Intent to Award on September 24, 2026, subject to City Council approval; and Page 308 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Resolution No. Page 2 WHEREAS, City staff recommend approval of an agreement with Rancho Santiago Community College District, on behalf of Santa Ana College, for Fire Department fitness assessments, lectures and workshops, and professional consultation services, for an initial one- year term with four (4) additional one (1) year options to extend, subject to the compensation limits and other terms as set forth in the agreement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the agreement with Rancho Santiago Community College District, on behalf of Santa Ana College, for Fire Department fitness assessments, lectures and workshops, and professional consultation services, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that Expenditures under the agreement shall be charged to the applicable Fire Department grant and Measure A appropriations identified in the accompanying staff report. Grant-funded expenditures shall comply with the approved Grant scope, budget, and applicable award requirements. Presented by Approved as to form by Chris Manroe Marco A. Verdugo Fire Chief City Attorney Page 309 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Form Rev 9/30/2025 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND AROGYA MED CARE FOR FIRE DEPARTMENT LABORATORY AND TESTING SERVICES WHEREAS, the City of Chula Vista Fire Department (“Fire Department”) seeks to enhance its wellness and occupational medical evaluation program to support firefighter health, early identification of health concerns, injury prevention, and operational readiness; and WHEREAS, on January 20, 2026, the City Council adopted Resolution No. 2026-015, accepting the Fiscal Year 2024 Federal Emergency Management Agency Assistance to Firefighters Grant (“Grant”), Award No. EMW-2024-FG-01070, providing $331,963.63 in federal funding and requiring a City matching contribution of $33,196.37, for a total approved project budget of $365,160.00; and WHEREAS, the City matching contribution was identified within existing Fire Department Fiscal Year 2025-26 Measure A appropriations; and WHEREAS, the Grant supports eligible wellness and medical evaluation activities, including physical and wellness assessments, laboratory testing, specified cancer screenings, and related follow-up services; and WHEREAS, the City issued Request for Proposals (“RFP”) P11-2027, Fire Department Wellness Program, and received five proposals; and WHEREAS, the RFP established evaluation criteria addressing experience, past performance and references, qualifications of proposed personnel, and a description of the proposer’s approach to work, with selection based on the overall proposal and the City’s best interests; and WHEREAS, City staff recommend approval of an agreement with Arogya Med Care for Fire Department laboratory and testing services, for an initial one-year term with one additional one-year option to extend, subject to the compensation limits and other terms set forth in the agreement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the agreement between the City and City and Arogya Med Care for Fire Department laboratory and testing services, in the form presented, with such modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute same. Page 310 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Resolution No. Page 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that expenditures under the agreement shall be charged to the applicable Fire Department grant and Measure A appropriations identified in the accompanying staff report. Grant-funded expenditures shall comply with the approved Grant scope, budget, and applicable award requirements. Presented by Approved as to form by Chris Manroe Marco A. Verdugo Fire Chief City Attorney Page 311 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 1 City of Chula Vista Agreement No.: 2026-328 Consultant Name: Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Prgogram Rev. 6.4.2026 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT ON BEHALF OF SANTA ANA COLLEGE TO PROVIDE FIRE DEPARTMENT FITNESS AND WELLNESS SERVICES This Agreement is entered into effective as of November 17, 2026 (“Effective Date”) by and between the City of Chula Vista (“City”) on behalf of Chula Vista Fire Department (“Fire Department”), a California chartered municipal corporation, and Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Program (“Consultant”), a California community college district, (collectively, the “Parties” and, individually, a “Party”), with reference to the following facts: RECITALS WHEREAS, the City provides comprehensive wellness and laboratory services to Fire Department personnel to support their health, identify potential occupational health concerns, and promote their continued fitness for duty; and WHEREAS, the seeks to enhance its firefighter wellness program to support firefighter health, injury prevention, and operational readiness; and WHEREAS, to procure these services, the City solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.110 for contracts exceeding $50,000, for experienced and qualified individuals or firms to provide comprehensive professional wellness and laboratory services specifically tailored to the Chula Vista Fire Department (“Wellness Program”); and WHEREAS, the selected proposer will provide a comprehensive Wellness Program that includes fitness assessments, laboratory blood testing, a minimum of four educational lectures or workshops addressing health, fitness, and nutrition, and individualized professional consultation services in one-on-one or small-group settings; and WHEREAS, the City issued Request for Proposals P11-2027, Fire Department Wellness Program, and, following evaluation of the proposals, issued a Notice of Intent to Award on September 24, 2026, subject to City Council approval; and WHEREAS, Rancho Santiago Community College District, through Santa Ana College’s SACFIT Wellness Program, will provide a comprehensive Wellness Program that includes fitness assessments, laboratory blood testing, a minimum of four educational lectures and workshops, addressing health, fitness, and nutrition, and individualized professional consultation services in one-on-one or small-group settings as described in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. WHEREAS, this Agreement is funded in part by a federal grant and incorporates the applicable federal grant contract provisions attached hereto as Exhibit E by this reference; and Page 312 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 2 City of Chula Vista Agreement No.: 2026-328 Consultant Name: Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Prgogram Rev. 6.4.2026 NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: [End of Recitals. Next Page Starts Obligatory Provisions.] Page 313 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 3 City of Chula Vista Agreement No.: 2026-328 Consultant Name: Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Prgogram Rev. 6.4.2026 OBLIGATORY PROVISIONS 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additi onal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant Page 314 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 4 City of Chula Vista Agreement No.: 2026-328 Consultant Name: Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Prgogram Rev. 6.4.2026 shall ensure that each and every subcontractor carries out the Consultant’s responsibiliti es as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. Page 315 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 5 City of Chula Vista Agreement No.: 2026-328 Consultant Name: Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Prgogram Rev. 6.4.2026 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise b e specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon Page 316 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 6 City of Chula Vista Agreement No.: 2026-328 Consultant Name: Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Prgogram Rev. 6.4.2026 the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers , or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity Page 317 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 7 City of Chula Vista Agreement No.: 2026-328 Consultant Name: Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Prgogram Rev. 6.4.2026 obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. CONFLICTS OF INTEREST 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered wheth er or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits public agency officers from participating in any action related to a contract if such officer receives political contributions totaling more than $500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific Page 318 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 8 City of Chula Vista Agreement No.: 2026-328 Consultant Name: Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Prgogram Rev. 6.4.2026 contract. In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement by this reference. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. Consultant hereby waives any right to remove any action from San Diego County as may otherwise be permitted by California Code of Civil Procedure section 394. Page 319 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 9 City of Chula Vista Agreement No.: 2026-328 Consultant Name: Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Prgogram Rev. 6.4.2026 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of Cit y, subject to applicable laws protecting individual participant medical records and confidential health information. No such Work Product shall be subject to private use, copyrights, or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representati ons, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including Page 320 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 10 City of Chula Vista Agreement No.: 2026-328 Consultant Name: Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Prgogram Rev. 6.4.2026 accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to sam e. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) Page 321 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 11 City of Chula Vista Agreement No.: 2026-328 Consultant Name: Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Prgogram Rev. 6.4.2026 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. APPROVED AS TO FORM BY: _______________________________ Marco A. Verdugo City Attorney Page 322 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 12 City of Chula Vista Agreement No.: 2026-328 Consultant Name: Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Prgogram Rev. 6.4.2026 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Charles Kuniyoshi, Deputy Fire Chief 276 Fourth Ave. Bldg. C 619-507-0804 ckuniyoshi@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT, ON BEHALF OF SANTA ANA COLLEGE SACFIT WELLNESS PRGOGRAM 1530 W. 17th St., Room B-10, Santa Ana CA 92706 714-564-6861 Pitchford_Antoninette@sac.edu For Legal Notice Copy to: None. 2. Required Services A. General Description: Consultant shall provide on-site fitness assessments, wellness consultations, education, and scheduling and coordination for its wellness services. Consultant shall invoice City directly for those services only. B. Detailed Description: Task Description Deliverables Completion Date Fitness: Aerobic capacity – Graded Treadmill test (ECG, BP, Pulmonary) SACFIT will deploy its mobile wellness team and required testing equipment to Chula Vista Fire Department- designated site(s). Each Annual Page 323 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 13 City of Chula Vista Agreement No.: 2026-328 Consultant Name: Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Prgogram Rev. 6.4.2026 participant will complete a graded treadmill assessment with resting and exercise 12- lead ECG, blood pressure monitoring, and pulmonary function/spirometry. SACFIT's established first-responder model also supports aerobic- capacity assessment and individualized results review. 2 Fitness: Strength and flexibility testing SACFIT will conduct standardized muscular fitness, mobility, and flexibility assessments on site. ( Push ups, Plank, Grip, Injury Risk Screen for Ankle, Shoulder, Hip, Power (Force Plates), etc.) Results will support individualized strength, mobility, corrective-exercise, and injury-risk-reduction recommendations. Annual 3 Fitness: Body composition analysis SACFIT will perform body- composition assessment as part of the comprehensive wellness evaluation (InBody Body Comp Analysis & Waist to Hip Measurment). Results will be incorporated into each participant's individual health/fitness profile and may be tracked longitudinally. Annual 4 Fitness: Provision of all required fitness testing equipment SACFIT will provide and transport the equipment required to perform the proposed on-site fitness and wellness assessments through its mobile delivery model. Annual Page 324 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 14 City of Chula Vista Agreement No.: 2026-328 Consultant Name: Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Prgogram Rev. 6.4.2026 5 Lectures and Workshops (Minimum 4 lectures, 4 workshops) SACFIT will provide at least four educational lectures and four workshops during the program year. Content will be selected with the Department and address requested areas such as strength, flexibility/mobility, injury prevention, nutrition/health, and mental well-being. Each Lecture or Workshop can be provided over 3 days to provide opportunties for A, B and C shift to participate Annual 6 Professional Consultation Services (All 6 core clinical areas) Participants will have access at no additional consultation fee to SACFIT's multidisciplinary team for nutrition/meal planning, stretching and mobility, injury prevention, exercise enhancement, cognitive performance coaching, and cardiac-risk reduction, delivered one-on- one or in small groups. Annual 7 Professional Consultation Services (All 6 core clinical areas) SACFIT Consultation Services Include: Registered Dieticians, Exercise Physiologists, Strength &Conditiong Coaches, Mobility/Corrective Exercise Specialists, Physical Therapists, Athletic Trainers, Cognitive Performance Coahces Annual Page 325 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 15 City of Chula Vista Agreement No.: 2026-328 Consultant Name: Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Prgogram Rev. 6.4.2026 3. Term: In accordance with Section 1.10 of this Agreement, the initial term of this Agreement shall begin November 17, 2026, and end November 16, 2027, subject to the City’s option to renew for up to four additional one-year terms pursuant to Section 5 of this Exhibit A, for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Single Fixed Fee. For performance of all of the Required Services by Consultant as herein required, City shall pay a single fixed fee of $22,400, upon completion of all Required Services to City’s satisfaction. B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to Consultant for services performed during the initial term ending November 17, 2027, shall not exceed $22,400. The maximum aggregate amount payable for the initial term and any exercised renewals shall not exceed $112,000. 5. Special Provisions: ☒ Notwithstanding the completion date set forth in Section 3 above, the City has option to extend this Agreement for up to four (4) additional one-year terms. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the subject to available appropriations and the compensation limits in Section 4. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, unless otherwise amended in writing in accordance with applicable City authority. The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. ☒ Other: Diagnostic screening and laboratory services are administered under a separate agreement between the City and Arogya Med Care and are not Required Services under this Agreement. Page 326 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 16 City of Chula Vista Agreement No.: 2026-328 Consultant Name: Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Prgogram Rev. 6.4.2026 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: None Page 327 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 17 City of Chula Vista Agreement No.: 2026-328 Consultant Name: Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Prgogram Rev. 6.4.2026 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant will not exert influence over the official or contracting decisions of City and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant WILL exert influence over the official or contracting decisions of City and their disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questi ons regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. Chula Vista Municipal Code §§2.02.010-2.02.040. Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). Page 328 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 18 City of Chula Vista Agreement No.: 2026-328 Consultant Name: Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Prgogram Rev. 6.4.2026 Completed by: Charles Kuniyoshie 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 $500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract . The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The Levine Act does not apply to competitively bid, labor, or personal employment contracts; contracts valued at under $50,000; contracts where no party receives financial compensation; or contracts between two or more agencies. ☒ A. The Levine Act (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 $500 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☒ 2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $500 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☒ Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any actions related to the Agreement. 5 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308 Page 329 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 19 City of Chula Vista Agreement No.: 2026-328 Consultant Name: Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Prgogram Rev. 6.4.2026 EXHIBIT E Title 2 —Federal Financial Assistance Subtitle A —Office of Management and Budget Guidance for Federal Financial Assistance Chapter II—Office of Management and Budget Guidance Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Authority: 31 U.S.C. 503; 31 U.S.C. 6101-6106; 31 U.S.C. 6307; 31 U.S.C. 7501-7507. Source: 89 FR 30136, Apr. 22, 2024, unless otherwise noted. Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provi sion for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be 2 CFR Appendix-II-to-Part-200(D) (enhanced display) prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. Page 330 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 20 City of Chula Vista Agreement No.: 2026-328 Consultant Name: Rancho Santiago Community College District, on behalf of Santa Ana College SACFIT Wellness Prgogram Rev. 6.4.2026 (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See§ 200.323.2 CFR Appendix-II-to-Part-200(J) (enhanced display) (K) See§ 200.216. (L) See§ 200.322. Page 331 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 1 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH AROGYA MED CARE TO PROVIDE LABORATORY SERVICES This Agreement is entered into effective as of November 17, 2026 (“Effective Date”) by and between the City of Chula Vista (“City”) on behalf of Chula Vista Fire Department (“Fire Department”), a California chartered municipal corporation, and Arogya Med Care (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City of Chula Vista (“City”) seeks to enhance its occupational medical evaluation program to support firefighter health, early identification of health concerns, and operational readiness; and WHEREAS, , the City issued Request for Proposals P11-2027, Fire Department Wellness Program, and received five proposals; and WHEREAS, Arogya Med Care will provide cancer screenings, ultrasound examinations, coronary artery calcium scans, blood laboratory services, and clinical review of results, as described in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. WHEREAS, this Agreement is funded in part by a federal grant and incorporates the applicable federal grant contract provisions attached hereto as Exhibit E by this reference; and NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: [End of Recitals. Next Page Starts Obligatory Provisions.] Page 332 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 2 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 OBLIGATORY PROVISIONS 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant Page 333 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 3 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. Page 334 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 4 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the Page 335 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 5 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the In demnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. Page 336 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 6 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. CONFLICTS OF INTEREST 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered wheth er or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits public agency officers from participating in any action related to a contract if such officer receives political contributions totaling more than $500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement by this reference. 6. REMEDIES Page 337 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 7 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due a nd payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. Consultant hereby waives any right to remove any action from San Diego County as may otherwise be permitted by California Code of Civil Procedure section 394. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first Page 338 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 8 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 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, subject to applicable laws restricting access to and disclosure of individual patient medical records and confidential health information. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 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. Page 339 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 9 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) Page 340 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 10 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. APPROVED AS TO FORM BY: _______________________________ Marco A. Verdugo City Attorney Page 341 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 11 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Charles Kuniyoshi, Deputy Fire Chief 276 Fourth Ave. Bldg. C 619-507-0804 ckuniyoshi@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: AROGYA MED CARE 20311 SW Acacia St. Suite 100 Newport Beach, CA 92660 949-520-1620 admin@arogyamc.com For Legal Notice Copy to: None. 2. Required Services A. General Description: Consultant shall provide cancer screening, ultrasound, coronary artery calcium scanning, blood laboratory services, and clinical results review. Consultant shall coordinate appointments and specimen collection for its scope, oversee approved subcontractors, and invoice City directly for services delivered under this Agreement. B. Detailed Description: Task Description Deliverables Completion Date Lab: Authorization, Review, and Feedback Arogya Med Care will provide the physician-led component Annual Page 342 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 12 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 for laboratory authorization, professional review, and confidential individualized feedback. . Arogya Med Care will coordinate workflow and scheduling for the laboratory services under this Agreement, in coordination with the Fire Department. 2 Lab: Lipoprotein(a) [Lp(a)] Primex Clinical Laboratories will process Lp(a) testing. The result will be incorporated, as appropriate, into individualized cardiovascular-risk review and education. Annual 3 Lab: Apolipoprotein B (ApoB) Primex Clinical Laboratories will process ApoB testing. The result will be incorporated, as appropriate, into individualized cardiovascular-risk review and education. Annual 4 Lab: High-Sensitivity C-Reactive Protein (hs-CRP) Primex Clinical Laboratories will process hs-CRP. The result may be considered with other cardiovascular and cardiometabolic findings during individualized risk review. Annual 5 Lab: Abdominal Aortic Aneurysm (AAA) Ultrasound Screening AAA ultrasound screening will be provided by Arogya Med Care or its City-approved subcontractor and offered at the Agency Site. Arogya Med Care will coordinate will coordinate participant scheduling and program logistics; qualified imaging personnel will perform the examination and applicable clinical interpretation/reporting. Annual Page 343 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 13 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 Direction for Follow-up will be provided 6 Lab: Coronary Artery Calcium (CAC) Scan CAC scanning can be coordinated through an approved diagnostic-imaging subconsultant (Imaging Health Care Specialist) at an appropriate imaging location. Arogya Med Care will coordinate participant access and program logistics. CT-based CAC scanning requires fixed diagnostic-imaging equipment and is therefore not performed by Arogya Med Care 's mobile assessment team. Annual 7 Lab: Echocardiogram ultrasound screening will be provided by Arogya Med Care or its City-approved subcontractor and offered at the Agency Site. Arogya Med Care will coordinate will coordinate participant scheduling and program logistics; qualified imaging personnel will perform the examination and applicable clinical interpretation/reporting. Direction for Follow-up will be provided Annual 8 Lab: Galleri® Multi-Cancer Early Detection Screening Arogya Med Care, in coordination with its medical and laboratory partners, will facilitate Galleri® Multi-Cancer Early Detection screening, including participant Annual Page 344 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 14 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 coordination, blood collection requirements, laboratory processing, and confidential reporting through the appropriate clinical pathway. Participants with a Positive Result will receive a phone call and personalized guidance by the Partnering Physician on following up with a specialist or the participant's PCP. Participants will receive transparent and clear explanation of their results (Positive or Negative) and the Specificity, Specialty, Positive Predictive Value, and Negative Predictive Value of the Exam. 9 Lab: Fecal Occult Blood Test (FOBT) Kit Arogya Med Care and its medical/laboratory partners will provide at-home fecal occult blood screening kits, participant instructions, laboratory processing, and confidential reporting. Distribution and return logistics will be coordinated through the annual wellness program. Annual 10 Lab: Comprehensive Metabolic Panel (CMP) Primex Clinical Laboratories will process the CMP from participant specimens collected through the coordinated wellness-program blood draw. Arogya Med Care will coordinate authorization, collection logistics, and the results-review pathway. Annual Page 345 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 15 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 11 Lab: Complete Blood Count (CBC) Primex Clinical Laboratories will process the CBC from participant specimens collected through the coordinated wellness-program blood draw. Arogya Med Care will coordinate authorization, collection logistics, and the results-review pathway. Annual 12 Lab: Lipid Panel Primex Clinical Laboratories will process the fasting lipid panel. Results will be incorporated into confidential cardiovascular-risk review and wellness feedback as appropriate. Annual 13 Lab: Prostate-Specific Antigen (PSA) — Ages 40+ For eligible participants age 40 and older, Primex Clinical Laboratories will process PSA testing. Authorization and confidential review will be coordinated through the physician-led medical component. Annual 14 Lab: Total Testosterone Primex Clinical Laboratories will process Total Testosterone testing. Results will be provided through the confidential clinical-results process and reviewed by an appropriately licensed healthcare provider as indicated. Annual Page 346 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 16 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 15 Lab: Free Testosterone Primex Clinical Laboratories will process Free Testosterone testing. Results will be provided through the confidential clinical-results process and reviewed by an appropriately licensed healthcare provider as indicated. Annual 16 Lab: Thyroid-Stimulating Hormone (TSH) Primex Clinical Laboratories will process TSH testing to support thyroid-function assessment. Results will be included in the confidential laboratory review and feedback process. Annual 17 Lab: Free Thyroxine (Free T4) Primex Clinical Laboratories will process Free T4 testing to complement TSH and support thyroid-function assessment. Results will be included in the confidential laboratory review and feedback process. Annual 3. Term: In accordance with Section 1.10 of this Agreement, the initial term of this Agreement shall begin November 17, 2026 and end November 16, 2027, subject to the City’s option to renew for one additional one- year term pursuant to Section 5 of this Exhibit A, for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Single Fixed Fee. For performance of all of the Required Services by Consultant as herein required, City shall pay a single fixed fee of $182, 232 for the initial term of November 17, 2026, through November 16, 2027, upon completion of all Required Services to City’s satisfaction. B. Reimbursement of Costs ☒ None, the compensation includes all costs Page 347 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 17 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 Notwithstanding the foregoing, the maximum amount to be paid to Consultant for services performed during the initial term ending November 16, 2027, shall not exceed $182,232. The maximum aggregate amount payable for the initial term and any exercised renewal shall not exceed $320,360. 5. Special Provisions ☒ Permitted Sub-Consultants: Primex Clinical Laboratories and the CAC imaging. Consultant shall manage and pay its approved subcontractors. ☒ Notwithstanding the completion date set forth in Section 3 above, the City has option to extend this Agreement for up to one (1) additional one-year terms. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the subject to available appropriations and the compensation limits in Section 4. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, unless otherwise amended in writing in accordance with applicable City authority. The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Page 348 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 18 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: None Page 349 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 19 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant will not exert influence over the official or contracting decisions of City and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant WILL exert influence over the official or contracting decisions of City and their disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questi ons regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. Chula Vista Municipal Code §§2.02.010-2.02.040. Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). Page 350 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 20 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 Completed by: Charles Kuniyoshie 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 $500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract . The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The Levine Act does not apply to competitively bid, labor, or personal employment contracts; contracts valued at under $50,000; contracts where no party receives financial compensation; or contracts between two or more agencies. ☒ A. The Levine Act (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 $500 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☒ 2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $500 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☒ Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any actions related to the Agreement. 5 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308 Page 351 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 21 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 EXHIBIT E Title 2 —Federal Financial Assistance Subtitle A —Office of Management and Budget Guidance for Federal Financial Assistance Chapter II—Office of Management and Budget Guidance Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Authority: 31 U.S.C. 503; 31 U.S.C. 6101-6106; 31 U.S.C. 6307; 31 U.S.C. 7501-7507. Source: 89 FR 30136, Apr. 22, 2024, unless otherwise noted. Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provi sion for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be 2 CFR Appendix-II-to-Part-200(D) (enhanced display) prohibited from inducing, by any means, any person employed in the Page 352 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 22 City of Chula Vista Agreement No.: 2026-373 Consultant Name: Arogya Med CARE Rev. 6.4.2026 construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See§ 200.323.2 CFR Appendix-II-to-Part-200(J) (enhanced display) (K) See§ 200.216. (L) See§ 200.322. Page 353 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda SACFIT WELLNESS | SANTA ANA COLLEGE 1 | P a g e PROPOSAL FOR FIRE DEPARTMENT WELLNESS PROGRAM City of Chula Vista | Chula Vista Fire Department RFP P11-2027 Submitted by Santa Ana College - SACFIT Wellness Program Primary Contact Dr. Antoinette Pitchford, Ed.D. | Wellness Director Address 1530 W. 17th St., Room B-10, Santa Ana, CA 92706 Phone (714) 564-6861 Email Pitchford_Antoinette@sac.edu Proposal Submission | August 28, 2026 Page 354 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda SACFIT WELLNESS | SANTA ANA COLLEGE 2 | P a g e TABLE OF CONTENTS E. GENERAL INFORMATION AND EXPERIENCE 3 F. CAPABILITIES 4 CLIENT REFERENCES 5 G. POINT OF CONTACT 5 H. FIRM’S METHODOLOGY AND APPROACH TO WORK 6 I. SACFIT WELLNESS PHILOSOPHY AND ETHICAL STANDARDS 7 J. FEE PROPOSAL 8 K. EXCEPTIONS 8 APPENDIX A – PROPOSED SERVICE FRAMEWORK 9 APPENDIX B – KEY PERSONNEL 10 Page 355 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda SACFIT WELLNESS | SANTA ANA COLLEGE 3 | P a g e E. GENERAL INFORMATION AND EXPERIENCE Organizational Overview Santa Ana College’s SACFIT Wellness Program is a public-sector, college-based wellness program dedicated to the health, fitness, readiness, and long-term well-being of first responders. SACFIT has administered comprehensive physical health and fitness appraisals for first responders since 1973, providing more than 50 years of experience serving public safety personnel. The program combines college-level wellness and performance expertise with collaborative medical services to provide an integrated model of education, health and fitness assessment, injury-risk reduction, cardiovascular screening, medical/occupational health services, and year-round individualized support. SACFIT serves as the primary program contact and manages scheduling and logistics while coordinating directly with its partners and multidisciplinary wellness professionals. Organizational Structure SACFIT operates within Santa Ana College and is led by the Wellness Director, supported by a Wellness Coordinator, Wellness Administrative Assistant, Division Administrative Assistant, faculty/instructors, and a multidisciplinary network of wellness professionals. The program’s service team includes exercise physiologists, registered dietitians, strength and conditioning coaches, mobility/corrective exercise specialists, physical therapists, athletic trainers, and cognitive performance coaches. For expanded occupational health and NFPA-aligned medical services, SACFIT partners with Arogya Med Care, led by Dr. Mohitkumar Ardeshana, Medical Director and Owner. SACFIT and Arogya Med Care have aligned systems, communication, and workflow to support a coordinated evaluation model while maintaining SACFIT as the primary point of contact for program administration and logistics. Leadership and Organizational Changes Within the past 36 months, SACFIT experienced planned leadership transitions associated with retirements and program growth. Dr. Antoinette Pitchford, Ed.D., has served as Wellness Director since January 2023. In 2026, James Branham, MA, MS, MBA, joined the administrative leadership structure as Wellness Coordinator. These changes have supported continuity, expanded administrative capacity, and strengthened program coordination. At this time, SACFIT does not anticipate organizational changes in the next year that would materially impair its ability to perform the services proposed for the City. Any future staffing or organizational adjustments will be managed to preserve continuity of service, communication, and program quality. Relevant Experience SACFIT has more than five decades of experience delivering services similar in purpose and scope to the requested Fire Department Wellness Program. Its model is specifically designed for tactical and public-safety populations and includes mobile/on-site delivery, comprehensive fitness and wellness evaluations, health education, individual results review, department-level analytics, year-round consultation, and coordinated medical screening options. F. CAPABILITIES SACFIT’s core capability is the delivery of a comprehensive, scalable wellness program built around the operational realities and health risks of first responders. The program can combine on-site services, digital scheduling and results access, college-based health education, multidisciplinary consultation, and coordinated physician/occupational health services under a unified workflow. Page 356 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda SACFIT WELLNESS | SANTA ANA COLLEGE 4 | P a g e Demonstrated Service Capabilities • Comprehensive fitness/wellness evaluation: resting and exercise ECG, blood pressure, pulmonary function/spirometry, body composition, mobility and injury-risk assessment, aerobic capacity, muscular power, muscular endurance, and muscular strength. • Cardiopulmonary exercise testing (CPET), including 12-lead ECG treadmill or bicycle stress testing, blood pressure monitoring, and true VO2 max testing when included in the selected service model. • Cardiovascular health and coronary risk assessment, with individualized results review and risk-reduction education. • Blood and urine testing options, including chemistry, hematology, lipid, diabetes, infectious disease, cancer-related, hormonal, thyroid, and other panels as selected by the City. • NFPA-aligned physical examination and occupational health testing through partnered medical services, • Year-round access to multidisciplinary professionals for nutrition, aerobic fitness, strength and conditioning, mobility/corrective exercise, injury prevention/rehabilitation, sleep, stress, motivation, and resilience. • Digital member access for scheduling, individualized health/fitness trends, personal feedback, injury-risk profiles, physiological age assessment, and program resources. • Department-level analytics to identify aggregate areas for improvement and support data-informed wellness education and intervention planning. Service Delivery for Public Agencies SACFIT’s operating model is designed for agency-based delivery. Participants may enroll online or during department registration events; assessment services can be delivered at designated agency sites using mobile units; multiple on-site blood draw events can be scheduled; and education can be delivered through department-wide seminars or workshops across multiple days to reach shift personnel. Individual consults and follow-up resources are supported through the program’s digital health platform. Examples of Similar Public-Agency Services SACFIT currently serves public-safety agencies through annual and recurring wellness programming. Examples include department-based wellness evaluations, on-site testing, health education, cardiovascular and fitness assessment, blood testing coordination, individualized consultation, and longitudinal health/fitness tracking. The final proposal should identify five agencies whose work most closely matches Chula Vista’s requested scope and for which SACFIT has permission to provide reference contact information. CLIENT REFERENCES The City requests five references for similar services. The table below is formatted to the RFP requirements and should be completed with verified agency contacts before submission. Organization Contact Services Pasadena Fire Department Chief Jodi Slicker Santa Ana College Comprehensive Wellness Assessments, Lectures, Workshops, Consults Downey Fire Department Captain Zach Neilsen Santa Ana College Comprehensive Wellness Assessments, Lectures, Workshops, Consults Long Beach Fire Department Captain Kory Knapp Santa Ana College Comprehensive Wellness Assessments, Lectures, Workshops, Consults Sierra Madre Fire Department Captain David Gacad Santa Ana College Comprehensive Wellness Assessments, Lectures, Workshops, Consults Laguna Beach Fire Department Captain Tyler Jones Santa Ana College Comprehensive Wellness Assessments, Lectures, Workshops, Consults Page 357 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda SACFIT WELLNESS | SANTA ANA COLLEGE 5 | P a g e G. POINT OF CONTACT Primary City Contact Dr. Antoinette Pitchford, Ed.D. - Wellness Director, SACFIT Wellness Program Santa Ana College, Room B-10 | 1530 W. 17th St. | Santa Ana, CA 92706 Phone: (714) 564-6861 | Email: Pitchford_Antoinette@sac.edu Dr. Pitchford provides executive and program leadership for SACFIT Wellness and will serve as the primary point of contact for the City. She oversees program planning, agency coordination, service delivery, quality, and alignment of wellness services with the needs of public-safety populations. Administrative and Program Support James Branham, MA, MS, MBA - Wellness Coordinator | (714) 564-6864 | Branham_James@sac.edu Estefani Arcos - Wellness Administrative Assistant | (714) 564-6848 | Arcos_Estefani@sac.edu Anay Palafox - Division Administrative Assistant | (714) 564-6407 | Palafox_Anay@sac.edu Proposed Medical Subconsultant(s) Arogya Med Care - Medical services partner. Medical Director/Owner: Dr. Mohitkumar Ardeshana. SACFIT’s expanded wellness model uses Arogya Med Care to provide physician-led and occupational health components such as Cancer Screens, and Ultrasounds that complement SACFIT’s health, fitness, education, and performance services. SACFIT remains the primary administrative point of contact and coordinates scheduling and logistics across the integrated service model. 20311 SW Acacia St., Suite 100 Newport Beach, CA 92660 P.949.520.1620 F.949.520.1550 Primary Contact: Mocha Andrews- Director of Operations Primex Clinical Laboratories - Proposed clinical laboratory subconsultant. Primex Clinical Laboratories will support laboratory testing components included in the final approved scope of services. SACFIT will coordinate participant scheduling, logistics, and communication as part of the integrated wellness program. Primex Clinical Laboratories, Inc. 16742 Stagg St. #120 Van Nuys, CA 91406 Tel 1.323.447.4189 Primary Contact: Xochitl Lopez- Director of Phlebotomy Imaging Healthcare Specialists - Proposed diagnostic imaging subconsultant. Imaging Healthcare Specialists will support diagnostic imaging services included in the final approved scope of services. SACFIT will coordinate referrals and program logistics within the integrated service model. Imaging Healthcare Specialist 150 W Washington Street, San Diego, CA 92103 Primary Contact: Jonathan Nicholson – Director of CT Page 358 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda SACFIT WELLNESS | SANTA ANA COLLEGE 6 | P a g e H. FIRM’S METHODOLOGY AND APPROACH TO WORK SACFIT proposes a coordinated, participant-centered approach that integrates prevention, early identification of health and fitness concerns, evidence-based education, individualized action planning, and ongoing access to wellness professionals. The program is structured to minimize operational disruption while supporting consistent participation across fire department shifts and work locations. 1. Program Mobilization and City Coordination Following award, SACFIT will designate the Wellness Director as the City’s primary contact and conduct an implementation meeting to confirm the final scope, participant population, service locations, scheduling constraints, required reporting, communication pathways, and responsibilities of SACFIT and any approved subconsultants. A detailed service calendar and workflow will then be developed with City staff. 2. Enrollment and Scheduling SACFIT can support online enrollment and department-based registration events. Participants can use digital scheduling to select available assessment dates. Assessment blocks can be distributed across the year and across multiple days or sites to accommodate shift schedules and operational needs. 3. On-Site Assessment Delivery Mobile assessment teams can perform selected health, fitness, and wellness evaluations at City-designated locations. The exact staffing model, testing battery, throughput per assessment block, equipment deployment, and time required per participant will be based on the final scope selected by the City. 4. Medical and Laboratory Coordination When medical, occupational health, laboratory, imaging, or physician services are included, SACFIT will coordinate the workflow with approved medical partners. On-site blood draw events and/or other approved collection options may be used depending on the final service configuration. Medical services will be performed by appropriately qualified personnel within their respective scope of practice. 5. Results, Education, and Individual Follow-Up Participants receive individualized results and educational feedback designed to increase awareness and support informed action. SACFIT’s digital platform can provide longitudinal health/fitness trends, injury-risk information, physiological age assessment, scheduling, and wellness resources. Members may also access individual or group consultation with SACFIT specialists based on the services included in the final program. 6. Department-Level Analytics and Program Improvement SACFIT can provide aggregate department-level analytics to identify common areas for improvement and inform targeted education or wellness interventions. Individual information will be handled in accordance with applicable privacy, confidentiality, and data-handling requirements, and department reporting will be structured to avoid inappropriate disclosure of individual health information. Working Assumptions Used for Fee Development • Final fees will be based on the City’s required service components and the quantities entered in the City- provided RFP P11-2027 Fire Department Wellness Program Workbook. • Participant volume, testing battery, number of service days, site configuration, and approved subconsultant services may affect staffing and delivery assumptions. • Any optional medical, laboratory, imaging, cancer screening, vaccination, or specialty services will be priced in accordance with the City workbook and final proposal assumptions. • Any assumptions that differ from the RFP will be expressly identified rather than incorporated silently. Page 359 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda SACFIT WELLNESS | SANTA ANA COLLEGE 7 | P a g e I. SACFIT WELLNESS PHILOSOPHY AND ETHICAL STANDARDS SACFIT’s vision is to empower the first responder community to achieve and sustain lifelong well-being, both during and beyond their careers. Its mission is to serve the first responder community as a premier source of science-backed health education and support by promoting optimal health and fitness, raising awareness, and teaching personalized evidence-based strategies to proactively address and prevent critical health risks unique to first responders. Program Philosophy SACFIT believes true wellness is achieved through proactive, intentional care that addresses the whole person. The program is designed not only to increase awareness of health challenges, but also to provide practical, evidence-based solutions and individualized strategies that support informed action, optimal health, and performance. Ethical Standards and Workplace Culture SACFIT’s workplace culture is grounded in five core values: Integrity, Collaboration, Compassion, Professionalism, and Purpose (ICCPP). These values guide interactions with participants, City staff, medical partners, and other stakeholders. SACFIT is committed to a service-driven environment in which personnel are treated respectfully, information is communicated responsibly, and services are delivered by qualified professionals operating within their roles and scopes of practice. • Integrity: communicate findings, limitations, responsibilities, and program expectations accurately and transparently. • Collaboration: coordinate across City representatives, wellness professionals, and approved medical partners to support continuity and efficient service delivery. • Compassion: treat participants as individuals and approach health and wellness discussions with dignity and respect. • Professionalism: maintain high standards for preparation, communication, documentation, privacy, and service delivery. • Purpose: remain focused on the program’s central objective - serving those who serve by supporting health, fitness, readiness, and longevity. SACFIT will comply with applicable City requirements, professional standards, confidentiality obligations, and contractual responsibilities. Any clinical interpretation will remain with appropriately subcontracted licensed medical professionals. J. FEE PROPOSAL In accordance with the RFP instructions, all proposed fees will be submitted in the City-provided “RFP P11- 2027 Fire Department Wellness Program Workbook” on the Fee Proposal tab. The completed workbook will be uploaded as an Excel file and will not be converted to PDF. Page 360 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda SACFIT WELLNESS | SANTA ANA COLLEGE 8 | P a g e K. EXCEPTIONS SACFIT has reviewed the requirement to identify any exceptions to the City’s terms and conditions and the attached Two Party Agreement. Any requested exceptions are stated below Exception Request(s) Exception No. 1 – Agreement Approval and Contracting Structure Applicable Provision: Consultant Services Agreement, Section 8.3 – Authority Rancho Santiago Community College District (“RSCCD”), on behalf of Santa Ana College (“SAC”), is a California public community college district and is subject to applicable District contracting, approval, and governing-board requirements. Accordingly, execution of a final agreement with the City is subject to completion of RSCCD's required contract review and approval processes and, where applicable, approval by the RSCCD Board of Trustees. Accordingly, RSCCD/SAC expressly notes that submission of this proposal does not constitute acceptance of the Consultant Services Agreement as written, nor should the absence of additional exceptions be interpreted as a waiver of RSCCD's required contract review and approval process. Any final agreement remains subject to RSCCD's required review and approval procedures. In addition, RSCCD/SAC proposes that the parties incorporate the RSCCD Educational Services into the final contracting structure to define the educational components of the SACFIT Wellness Program, including participant enrollment in Santa Ana College coursework and related educational responsibilities. The final agreement structure would be developed cooperatively with the city during agreement development. Exception No. 2 Invoicing for Approved Subconsultant Services Applicable Provision: Consultant Services Agreement, Section 2.2 – Detailed Invoicing RSCCD/SAC is currently evaluating and developing an administrative framework that would allow approved subconsultant costs to be consolidated into a single invoice issued by RSCCD/SAC. This framework may not be finalized prior to the submission of this RFP nor the finalization of the Consultant Services Agreement. Accordingly, RSCCD/SAC requests flexibility under Section 2.2 to permit approved subconsultants to invoice the city separately for their respective services, if RSCCD/SAC's consolidated invoicing framework is not available at the time services commence. Under such an arrangement, RSCCD/SAC would remain the City's primary program and administrative point of contact and would coordinate the overall delivery of services. Subconsultant services, responsibilities, and associated fees would be identified in the final Scope of Work and compensation schedule, and any separate invoicing arrangement would be established in advance and incorporated into the final agreement documents. If RSCCD/SAC's consolidated invoicing framework is approved and available prior to contract execution, RSCCD/SAC anticipates utilizing a single-invoice structure for the contracted services. Page 361 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda SACFIT WELLNESS | SANTA ANA COLLEGE 9 | P a g e APPENDIX A - PROPOSED SERVICE FRAMEWORK The following framework summarizes SACFIT’s available capabilities. Final included services will be determined by the City’s Scope of Services and completed fee workbook. Service Area Service Provider/ SubConsultant(s) Method of Delivery Scheduling & Coordination, Fitness Assessments, Wellness Consults, 4 Lectures/Workshops Santa Ana College Wellness Program Mobile Service at Agency’s Designated Site Cancer Screens, Ultrasounds, Results Review Arogya Med Care Mobile Service at Agency’s Designated Site Integrated with wellness evaluation and follow-up Blood Laboratory Services Primex Clinical Laboratory On-site draw events at Agency’s Designated Site Coronary Artery Calcium Scan Imaging Health Care Specialist At provider’s health clinic by appointment APPENDIX B - KEY PERSONNEL / BIOGRAPHIES Dr. Antoinette Pitchford, Ed.D. - Wellness Director Dr. Pitchford has served as SACFIT Wellness Director since January 2023 and provides program leadership, agency coordination, service planning, and oversight of SACFIT’s public-safety wellness operations. Her role centers on evidence-based health promotion, program administration, and the coordination of multidisciplinary services for first responders. James Branham, MA, MS, MBA - Wellness Coordinator Mr. Branham supports program coordination, instructor onboarding/training, service delivery, and operational continuity for SACFIT Wellness. His role strengthens day-to-day implementation and coordination across SACFIT’s wellness activities. Dr. Mohitkumar Ardeshana - Medical Director/Owner, Arogya Med Care Dr. Ardeshana leads SACFIT’s partnered physician team for expanded medical and occupational health services. Dr. Ardeshana is DOT- and Board-certified and has a focus on internal medicine, preventive care, early detection, disease prevention, and health concerns affecting first responders. Page 362 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda v . 0 0 3 P a g e | 1 November 17, 2026 ITEM TITLE Board, Commission, and Committee Terms: Accept the Local Appointments List of Terms Expiring in 2027 Report Number: 26-0350 Location: No specific geographic location Department: City Clerk G.C. § 84308 Regulations Apply: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required. Recommended Action Adopt a resolution accepting the 2027 Local Appointments List for board, commission, and committee terms expiring in calendar year 2027. SUMMARY The Maddy Act (Government Code section 54970 et seq.) requires a “Local Appointments List,” containing information about all boards, commissions, and committees appointed by the City Council, as well as all board, commission, and committee terms expiring in the following year, to be prepared by December 31 of each year and made available to the public. By adopting the proposed resolution, the City Council will accept the 2027 Local Appointments List and direct the City Clerk to post the list and make it available to the public, as required. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 363 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda P a g e | 2 DISCUSSION The Maddy Act (Government Code section 54972, et seq.) was enacted to provide public awareness of opportunities for citizen participation on boards, commissions, and committees. The Maddy Act requires, in part, that on or before December 31 of each year, the City Council must prepare a “Local Appointments List” of all regular and ongoing boards, commissions, and committees the City Council appoints. The Local Appointments List must contain the following information: (a) a list of all appointive terms that will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position; and (b) a list of all boards, commissions, and committees whose members serve at the pleasure of the legislative body, and the necessary qualifications for each position. The purpose of this list is to provide the public with information, such as seat qualifications and term expirations, so that they may have an opportunity to participate in and contribute to the operations of local governments by serving on such boards, commissions, and committees. In addition to posting the Local Appointments List at City Hall and the Civic Center Library, the City Clerk also makes the list available on the City’s website. By adopting the proposed resolution, the City Council accepts the 2027 Local Appointments List (Attachment 1) and directs the City Clerk to post the list and make it available to the public, as required. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific, and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City 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 fiscal impact as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS 1. 2027 Local Appointments List Staff Contacts: Karina Lafarga, CMC, Deputy City Clerk Audrey Malone, CMC, Deputy Director, City Clerk Services Kerry K. Bigelow, MMC, City Clerk Page 364 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Form Rev 9/30/2025 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2027 LOCAL APPOINTMENTS LIST FOR BOARD, COMMISSION, AND COMMITTEE TERMS EXPIRING IN CALENDAR YEAR 2027 WHEREAS, the Maddy Act (California Government Code section 54970, et seq.) requires a “Local Appointments List,” containing information about all boards, commissions, and committees appointed by the City Council, as well as all board, commission, and committee terms expiring in the following calendar year, be prepared by December 31st of each year and made available to the public; and WHEREAS, the City Clerk has prepared the 2027 Local Appointments List, attached hereto as Exhibit 1, in accordance with the Maddy Act, which includes board, commission, and committee terms expiring in calendar year 2027. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts the 2027 Local Appointments List (Exhibit 1) and directs the City Clerk to post the list and make it available to the public, in accordance with best practices and as required by the Maddy Act. Presented by Approved as to Form by Kerry K. Bigelow, MMC Marco A. Verdugo City Clerk City Attorney Page 365 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Exhibit 1 –Page 1 of 11 Rev 11/17/2026 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 1 of 11 City of Chula Vista Boards and Commissions Local Appointment List Terms Expiring on June 30, 2027 Except as provided in the City of Chula Vista Charter Article VI, section 602(D) and Chula Vista Municipal Code (CVMC) Title 2, candidates must be residents of Chula Vista and at least 18 years of age. Name Appointment Criteria Appointment Date Board of Appeals and Advisors Ehm, Bryan Shall be qualified by training and experience to pass on matters pertaining to building construction, including applicable building codes, regulations, and ordinances. 07/25/2023 Board of Ethics Barragan, Isidro No person shall be appointed as a member of the Board of Ethics or shall be entitled to retain their membership, if he or she, within the past 10 years prior to the date of appointment, has been convicted of any felony or a crime involving moral turpitude, has been found to have committed a criminal violation of the Fair Political Practices Act, or has a conflict of interest as defined in CVMC § 2.28.050(C). 07/25/2023 Torres, Jose 07/25/2023 Velissaropoulos, Alexia 07/25/2023 Board of Library Trustees Moffat, James District 2 Nominee (Standard qualifications only; district residency is not required for district seats) 10/17/2023 Glinksy, Isabella Must be a City of Chula Vista resident between 16 and 22 years of age. 07/08/2025 Civil Service Commission Nunez-Silva, Lourdes Classified Employees/O (Standard qualifications only) 07/25/2023 Cultural Arts Commission Muraoka, Ken Must demonstrate competence, knowledge, and experience in cultural arts 07/25/2023 Echevarria, Maria Must be a resident of the City of Chula Vista and between 16 and 22 years of age. 09/09/2025 Page 366 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Exhibit 1 –Page 2 of 11 Rev 11/17/2026 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 2 of 11 Health, Wellness, and Aging Commission Mallen, Pat District 1 Resident - Must reside in the City Council district they wish to represent and shall maintain their residency in their respective City Council district for the duration of their terms. 08/08/2023 Murphy, Elizabeth Must have expertise and experience in at least one of the focus areas of the Healthy Chula Vista Action Plan or the Age-Friendly Action Plan: land use, transportation, nutrition, health care, physical activity, environment, and/or older adults 07/25/2023 VACANT – Murphy, Morgan Must be a City of Chula Vista resident between 16 and 22 years of age. 07/08/2025 Human Relations Commission Diaz, David District 3 Resident - Must reside in the City Council district they wish to represent and shall maintain their residency in their respective City Council district for the duration of their terms. In addition to being: 1) representative of the diversity of the City; 2) specifically chosen to reflect the interests and concern with the protection of civil liberties of all people who make up the City’s residents; 3) committed to fostering better human relations in the City of Chula Vista; and 4) associated with the business and/or civic activities of the City. 07/25/2023 Holm, Julie District 4 Resident - Must reside in the City Council district they wish to represent and shall maintain their residency in their respective City Council district for the duration of their terms. In addition to being: 1) representative of the diversity of the City; 2) specifically chosen to reflect the interests and concern with the protection of civil liberties of all people who make up the City’s residents; 3) committed to fostering better human relations in the City of Chula Vista; and 4) associated with the business and/or civic activities of the City. 07/25/2023 Redondo, Jeff Must be: 1) representative of the diversity of the City; 2) specifically chosen to reflect the interests and concern with the protection of civil liberties of all people who make up the City’s residents; 3) committed to fostering better human relations in the City of Chula Vista; and 4) associated with the business and/or civic activities of the City. 07/25/2023 Gomez, Christian Must be a City of Chula Vista resident between 16 and 22 years of age. 07/08/2025 Measure A Citizens' Oversight Committee Nava, Erik Police Chief Representative (Standard qualifications only) 08/11/2026 Alvarez de los Cobos, Patricia Chula Vista Chamber of Commerce Representative -Must be an active member of the association. 07/25/2023 Measure P Citizens' Oversight Committee Ilyas, Saad District 3 Resident - Must reside in the City Council district they wish to represent and must maintain their district residency throughout their tenure. 08/10/2021 Clark, David District 4 Resident - Must reside in the City Council district they wish to represent and must maintain their district residency throughout their tenure. 09/10/2024 Parks and Recreation Commission Page 367 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Exhibit 1 –Page 3 of 11 Rev 11/17/2026 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 3 of 11 Buddingh, Jan (Standard qualifications only) 08/11/2026 VACANT - Padilla, Ashleigh District 3 Resident - Must reside in the City Council district they wish to represent and maintain their district residency throughout their tenure. 09/15/2020 Worth, Christopher Must be a City of Chula Vista resident between 16 and 22 years of age. 08/11/2026 Planning Commission Torres, Jerome (Standard qualifications only) 07/25/2023 Cannon, Stacy Should be persons sensitive to design consideration and interested in townscape matters. Persons qualified for these seats should include architects, landscape architects, land planners, urban planners, civil engineers, and other design professionals with suitable experience. 10/06/2026 Privacy Protection and Technology Advisory Commission Lake, Susan District nominees are not required to reside in the corresponding district. Should have expertise and background in at least one of the following fields: 1. Information Technology and Data Security: Experience and/or expertise in cyber security and sensitive personal information management and protection. 2. Privacy Protection: Experience and/or academic or legal background related to individual privacy protection, open government principles and structures, and/or govt transparency. 3. Accounting and Finance: Experience and/or professional credentials in contracting, procurement, public auditing, control, compliance, and/or general oversight professional services. Public Safety: Experience and/or expertise in federal, state, or local government public safety functions and operations. 4. Equity and Civil Rights: Experience or legal background in advocacy for marginalized groups and communities who traditionally experienced privacy and civil rights concerns based on sex, gender, disability, socio-economic profile, national origin, culture, or ethnic background. 5. Equity and Civil Rights: Experience or legal background in advocacy for marginalized groups and communities who traditionally experienced privacy and civil rights concerns based on sex, gender, disability, socio-economic profile, national origin, culture, or ethnic background. The City Manager or designee with expertise in the fields described shall have the opportunity to review applications and provide input on the applicant’s qualifications, which shall be considered by the Mayor or City Councilmember before a nomination is made. Nonresidents may be appointed if they own and operate a business and/or property with a physical address in the City. Appointment of nonresident members requires a 4/5 vote. 12/12/2023 Wood, Eric 11/28/2023 Sustainability Commission Guevara, Gluyas, Adriana District 1 nominee (Standard qualifications only; district residency is not required for district seats) 07/25/2023 Cortes Rodriguez, Sofia Must be a resident of the City of Chula Vista and between 16 and 22 years of age. 09/09/2025 Liang, Stephanie 09/09/2025 Page 368 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Exhibit 1 –Page 4 of 11 Rev 11/17/2026 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 4 of 11 Traffic Safety Commission Caudillo, Rodney (Standard qualifications only) 07/25/2023 Veterans Advisory Commission Jimenez, Elmer (Standard qualifications only) 09/10/2024 Board of Port Commissioners Moore, Ann Appointees typically possess background experience in public service, business, law, land use, or local government 01/11/2022 APPOINTMENT PROCESS AND QUALIFICATIONS BY SEAT City of Chula Vista Boards and Commissions Standard Qualifications: Except as provided in the City of Chula Vista Charter Article VI, section 602(D) and Chula Vista Municipal Code (CVMC) Title 2, candidates must be residents of Chula Vista and at least 18 years of age. *Appointment Process Key: A – General Appointment Process –CVMC 2.25.052(A) B – Full Council Interview Process – CVMC 2.53 C – District-Based Appointment Process – CVMC 2.25.052(C) D – Designated Member Appointment Process – CVMC 2.25.052(D) O – Other (defined in Municipal Code or governing document) Number of Members Seat Type Nominating Party/ Appointment Process* Additional Qualifications Board of Appeals and Advisors – 3 to 5 Voting Members (CVMC § 2.26.040) 3 to 5 Members At-Large Mayor/A Shall be qualified by training and experience to pass on matters pertaining to building construction, including applicable building codes, regulations, and ordinances. Board of Ethics – 7 Voting Members (CVMC § 2.28.050) Page 369 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Exhibit 1 –Page 5 of 11 Rev 11/17/2026 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 5 of 11 Number of Members Seat Type Nominating Party/ Appointment Process* Additional Qualifications 7 Members At-Large Panel of Members of Board of Ethics and Charter Review/ O No person shall be appointed as a member of the Board of Ethics or shall be entitled to retain their membership, if he or she, within the past 10 years prior to the date of appointment, has been convicted of any felony or a crime involving moral turpitude, has been found to have committed a criminal violation of the Fair Political Practices Act, or has a conflict of interest as defined in CVMC § 2.28.050(C). Board of Library Trustees – 5 Voting Members, 1 Non-Voting Member (Charter Sec. 605/CVMC § 2.45.040) 1 Member At-Large Mayor/A (Standard qualifications only; district residency is not required for district seats) 1 Member District 1 Nominee District 1 Councilmember/C 1 Member District 2 Nominee District 2 Councilmember/C 1 Member District 3 Nominee District 3 Councilmember/C 1 Member District 4 Nominee District 4 Councilmember/C 1 Member Youth Member (non-voting) Mayor/A Must be a resident of the City of Chula Vista and between 16 and 22 years of age. Charter Review Commission – 7 Voting Members (CVMC § 2.29.040) 3 Members At-Large Mayor/A (Standard qualifications only; district residency is not required for district seats) 1 Member District 1 Nominee District 1 Councilmember/C 1 Member District 2 Nominee District 2 Councilmember/C 1 Member District 3 Nominee District 3 Councilmember/C 1 Member District 4 Nominee District 4 Councilmember/C Civil Service Commission – 5 Voting Members (Charter Sec 606/CVMC § 2.43.040) 2 Members At-Large Mayor/A (Standard qualifications only) 1 Member Nomination by Commission Civil Service Commission/O 2 Members Nomination by Classified Employees Classified Employees/O Cultural Arts Commission – 9 Voting Members, 1 Non-Voting Member (CVMC § 2.33.040) 3 Members At-Large Mayor/A Must demonstrate competence, knowledge, and experience in cultural arts Page 370 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Exhibit 1 –Page 6 of 11 Rev 11/17/2026 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 6 of 11 Number of Members Seat Type Nominating Party/ Appointment Process* Additional Qualifications 6 Members Arts Professional Mayor/A Shall be appointed from among artists, educators, and those with professional qualifications and experience in disciplines of arts and culture, including the performing arts, fine arts, culinary arts, media arts or related arts disciplines. 1 Member Youth Member (non-voting) Mayor/A Must be a resident of the City of Chula Vista and between 16 and 22 years of age. Health, Wellness, and Aging Commission – 9 Voting Members, 1 Non-Voting Member (CVMC § 2.47.040) 1 Member District 1 Resident District 1 Councilmember/C Must reside in the City Council district they wish to represent and shall maintain their residency in their respective City Council district for the duration of their terms. 1 Member District 2 Resident District 2 Councilmember/C 1 Member District 3 Resident District 3 Councilmember/C 1 Member District 4 Resident District 4 Councilmember/C 5 Members Expert Representatives Mayor/A Must have expertise and experience in at least one of the focus areas of the Healthy Chula Vista Action Plan or the Age-Friendly Action Plan: land use, transportation, nutrition, health care, physical activity, environment, and/or older adults 1 Member Youth Member (non-voting) Mayor/A Must be a resident of the City of Chula Vista and between 16 and 22 years of age. Housing and Homelessness Advisory Commission– 7 Voting Members, 2 Non-Voting Members (CVMC § 2.35.040) 2 Members At-Large Mayor/A (Standard qualifications only) 3 Members Expert Representatives Mayor/A Must have expertise and experience in at least one of the following fields: lending, urban planning, real estate development, and real estate brokerage. 1 Member Tenant Rep (62 years or older) Mayor/A Must be appointed as representatives of tenants of the Housing Authority, and must, at the time of their appointments and throughout their terms, reside in assisted housing or receive Section 8 rental housing assistance from the Housing Authority; one of these two members shall be 62 years of age or older. 1 Member Tenant Representative Mayor/A 2 Members Ex-Officio (non-voting) Mayor/A (Standard qualifications only; residency in Chula Vista not required) Human Relations Commission – 11 Voting Members, 1 Non-Voting Member (CVMC § 2.36.040) Must reside in the City Council district they wish to represent and shall maintain their residency in their respective City Council district for the duration of their terms. In addition to being: 1) representative of the diversity of the City; 2) specifically chosen to reflect the interests and concern with the protection of civil liberties of all people who make up the City’s residents; 3) committed to fostering better human relations in the City of Chula Vista; and 4) associated with the business and/or civic activities of the City. 3 Members At-Large Mayor/A Must be: 1) representative of the diversity of the City; 2) specifically chosen to reflect the interests and concern with the protection of civil liberties of all people who make up the Page 371 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Exhibit 1 –Page 7 of 11 Rev 11/17/2026 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 7 of 11 Number of Members Seat Type Nominating Party/ Appointment Process* Additional Qualifications City’s residents; 3) committed to fostering better human relations in the City of Chula Vista; and 4) associated with the business and/or civic activities of the City. 1 Member Youth Member (non-voting) Mayor/A Must be a resident of the City of Chula Vista and between 16 and 22 years of age. In addition to being: 1) representative of the diversity of the City; 2) specifically chosen to reflect the interests and concern with the protection of civil liberties of all people who make up the City’s residents; 3) committed to fostering better human relations in the City of Chula Vista; and 4) associated with the business and/or civic activities of the City. Measure A Citizens' Oversight Committee – 11 Voting Members (CVMC § 2.63.050) 1 Member District 1 Resident District 1 Councilmember/C Must reside in the City Council district they wish to represent and must maintain their district residency throughout their tenure. 1 Member District 2 Resident District 2 Councilmember/C 1 Member District 3 Resident District 3 Councilmember/C 1 Member District 4 Resident District 4 Councilmember/C 1 Member Police Chief Representative Police Chief/D (Standard qualifications only) 1 Member Fire Chief Representative Fire Chief/D 1 Member CV Mid-Managers Professional Employees (MM/PROF) Rep MM/PROF/D Must be an active member of the association. 1 Member CV Police Officers Association (POA) Representative POA/D 1 Member CV International Association of Fire Fighters (IAFF) Rep IAFF/D 1 Member Association of Chula Vista Employees (ACE) Representative ACE/D 1 Member Chamber of Commerce Rep Chamber of Commerce/D Measure P Citizens' Oversight Committee – 9 Voting Members (CVMC § 2.61.050) 1 Member District 1 Resident District 1 Councilmember/C Must reside in the City Council district they wish to represent and must maintain their district residency throughout their tenure. 1 Member District 2 Resident District 2 Councilmember/C 1 Member District 3 Resident District 3 Councilmember/C 1 Member District 4 Resident District 4 Councilmember/C 1 Member At-Large Mayor/A (Standard qualifications only) 4 Members Parks & Recreation Comm Rep Parks & Recreation Comm/D Must be a member of the specified commission. Sustainability Commission Rep Sustainability Commission/D Page 372 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Exhibit 1 –Page 8 of 11 Rev 11/17/2026 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 8 of 11 Number of Members Seat Type Nominating Party/ Appointment Process* Additional Qualifications (Representatives rotate through the six nominating authorities) San Diego & Imperial Counties Labor Council Representative San Diego & Imperial Counties Labor Council/D Must be an active member of the association. Alliance of Californians for Community Empowerment Rep Alliance of Californians for Community Emp/D CV Chamber of Commerce Rep Chamber of Commerce/D Must be an active member and have expertise and experience in at least one of the following areas: accounting, finance, engineering, or a related discipline (including construction). SD Taxpayers Association Rep SD Taxpayers Association/D Parks and Recreation Commission – 7 Voting Members, 1 Non-Voting Member (Charter Sec 607/CVMC § 2.41.040) 3 Members At-Large Mayor/A (Standard qualifications only) 1 Member District 1 Resident District 1 Councilmember/C Must reside in the City Council district they wish to represent and maintain their district residency throughout their tenure. 1 Member District 2 Resident District 2 Councilmember/C 1 Member District 3 Resident District 3 Councilmember/C 1 Member District 4 Resident District 4 Councilmember/C 1 Member Youth Member (non-voting) Mayor/A Must be a City of Chula Vista resident between 16 and 22 years of age. Planning Commission – 7 Voting Members (Charter Sec 604/CVMC § 2.42.030) 4 Members At-Large Full Council/B (Standard qualifications only) 3 Members Qualified Professionals Full Council/B Should be persons sensitive to design consideration and interested in townscape matters. Persons qualified for these seats should include architects, landscape architects, land planners, urban planners, civil engineers, and other design professionals with suitable experience. Privacy Protection and Technology Advisory Commission – 7 Voting Members, 1 Non-Voting Member (CVMC § 2.65.050) 3 Members At-Large Mayor/A District nominees are not required to reside in the corresponding district. Should have expertise and background in at least one of the following fields: 6. Information Technology and Data Security: Experience and/or expertise in cyber security and sensitive personal information management and protection. 7. Privacy Protection: Experience and/or academic or legal background related to individual privacy protection, open government principles and structures, and/or govt transparency. 8. Accounting and Finance: Experience and/or professional credentials in contracting, procurement, public auditing, control, compliance, and/or general oversight professional services. 1 Member District 1 Nominee District 1 Councilmember/C 1 Member District 2 Nominee District 2 Councilmember/C Page 373 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Exhibit 1 –Page 9 of 11 Rev 11/17/2026 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 9 of 11 Number of Members Seat Type Nominating Party/ Appointment Process* Additional Qualifications 1 Member District 3 Nominee District 3 Councilmember/C 9. Public Safety: Experience and/or expertise in federal, state, or local government public safety functions and operations. 10. Equity and Civil Rights: Experience or legal background in advocacy for marginalized groups and communities who traditionally experienced privacy and civil rights concerns based on sex, gender, disability, socio-economic profile, national origin, culture, or ethnic background. The City Manager or designee with expertise in the fields described shall have the opportunity to review applications and provide input on the applicant’s qualifications, which shall be considered by the Mayor or City Councilmember before a nomination is made. Nonresidents may be appointed if they own and operate a business and/or property with a physical address in the City. Appointment of nonresident members requires a 4/5 vote. 1 Member District 4 Nominee District 4 Councilmember/C 1 Member Ex Officio (non-voting), nominated by City Manager City Manager/D Redistricting Commission – 7 Voting Members (Charter Sec. 903/CVMC § 2.51.050) 4 Members At-Large Charter Review Commission Selects a Pool of 10 Candidates; 4 Members are Selected by Random Drawing/O Must be a registered voter in the City of Chula Vista. Ineligible to apply for and serve on the Commission: (a) the Mayor, a Councilmember, any other elected City official, or a member of the City Charter Review Commission; (b) a relative by blood or marriage within the second degree, or any domestic partner within the meaning of California law (including Family Code section 297), of the Mayor, any Councilmember, or any other elected City official; (c) a person who, at any time within the four (4) years immediately preceding the date of their application for selection to the Commission, has served as the Mayor, a Councilmember, or an elected City official; (d) a current employee of the City or a current employee of any organization representing any employee bargaining unit for employees of the City; (e) a person who, at any time within the four (4) years immediately preceding the date of their application for selection to the Commission, has worked as a lobbyist. For purposes of this provision, the term “lobbyist” means a person who, for compensation, has direct communication with a City official, including the Mayor, a Councilmember, or any elected City official, for purposes of influencing a municipal decision; (f) a person who is currently an officer in any local political party organization, including, but not limited to, officers of a political party county central committee; and (g) a person who, at any time within the four (4) years immediately preceding the date of their application for selection to the Commission, has served as a paid campaign worker or paid campaign or political consultant for an elected City official. 3 Members At-Large Seated Redistricting Commission Members Select from the Remaining Pool of Candidates/O Sustainability Commission – 7 Voting Members, 2 Non-Voting Members (CVMC § 2.32.060) 3 Members At-Large Mayor/A (Standard qualifications only; district residency is not required for district seats) 1 Member District 1 Nominee District 1 Councilmember/C 1 Member District 2 Nominee District 2 Councilmember/C 1 Member District 3 Nominee District 3 Councilmember/C 1 Member District 4 Nominee District 4 Councilmember/C Page 374 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Exhibit 1 –Page 10 of 11 Rev 11/17/2026 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 10 of 11 Number of Members Seat Type Nominating Party/ Appointment Process* Additional Qualifications 2 Members Youth Member (non-voting) Mayor/A Must be a resident of the City of Chula Vista and between 16 and 22 years of age. Traffic Safety Commission – 7 Voting Members (CVMC § 2.44.030) 3 Members At-Large Mayor/A (Standard qualifications only) 1 Member District 1 Resident District 1 Councilmember/C Must reside in the City Council district they wish to represent and maintain their district residency throughout their tenure. 1 Member District 2 Resident District 2 Councilmember/C 1 Member District 3 Resident District 3 Councilmember/C 1 Member District 4 Resident District 4 Councilmember/C Veterans Advisory Commission – 7 Voting Members (CVMC § 2.39.40) 3 Members At-Large Mayor/A (Standard qualifications only; district residency is not required for district seats) 1 Member District 1 Nominee District 1 Councilmember/C 1 Member District 2 Nominee District 2 Councilmember/C 1 Member District 3 Nominee District 3 Councilmember/C 1 Member District 4 Nominee District 4 Councilmember/C Page 375 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Exhibit 1 –Page 11 of 11 Rev 11/17/2026 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 11 of 11 Regional Boards Regional Boards are comprised of representatives from various San Diego cities and agencies. The Chula Vista City Council or City boards or commissions appoint one or more members to these boards; however, the City does not operate these boards. Wildlife Advisory Group – 4 Members Total (Resolution 2016-231) 1 Member Southwest Representative Mayor/A Resident south of L St and west of La Media/Otay Lakes Rd Must demonstrate involvement in one or more of the following areas: 1. Wildlife-related issues such as habitat restoration or wildlife management. 2. Ecology, biology, chemistry, water quality or watershed protection. 3. Ecosystem management and restoration. 4. Nature-based or environmental education and similar fields. 5. Wildlife rehabilitation and/or predator management. 1 Member Northwest Representative Mayor/A Resident north of L St. and west of La Media/Otay Lakes Rd 1 Member Southeast Representative Mayor/A Resident of area east of La Media/ Otay Lakes Rd 1 Member Sustainability Commission Rep Sustainability Commission/O Must be a member of the Sustainability Commission. Bayfront Cultural & Design Committee – 3 Members Total (Bayfront Settlement Agreement Section 13.1) 1 Member Planning Commission Rep Planning Commission/O Must be a member of the specified commission. 1 Member Planning Commission Rep Planning Commission/O 1 Member Sustainability Commission Rep Sustainability Commission/O Board of Port Commissioners – 1 Member Total 1 Member City of Chula Vista Appointee City Council Appointees typically possess background experience in public service, business, law, land use, or local government Page 376 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda v . 0 0 5 P a g e | 1 November 17, 2026 ITEM TITLE Homelessness Services Update: Receive an Update on Homelessness Services, Programs and Regional Collaboration for Fiscal Year 2026 Report Number: 26-0356 Location: No specific geographic location Department: Housing and Homeless Services 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 Receive a presentation regarding the City of Chula Vista’s homelessness response activities and accomplishments. SUMMARY Staff will provide an update on the City of Chula Vista’s homelessness response activities and accomplishments during fiscal year 2026 (FY26). The presentation will include updates on homelessness trends, outreach and service connections, the Chula Vista Village at Otay, permanent supportive housing, encampment response, funding, regional collaboration and development of the City’s first Homelessness Strategic Plan. 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 CEQA Guidelines because the proposed activity consists of an informational and administrative report that does not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Page 377 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Housing and Homeless Advisory Commission was informed at their October 28, 2026, meeting that this presentation would be made to the City Council of the City of Chula Vista (“City”) on November 17, 2026. DISCUSSION Staff will provide the City Council with an update on the City’s homelessness response activities during FY26 (July 1, 2025, through June 30, 2026) and highlight some of the key programs and services to date. The presentation will include information regarding:  2026 Point-in-Time Count results;  Outreach and service connections;  Operations at the Chula Vista Village at Otay;  Homelessness funding and the Village five-year operating forecast;  Permanent supportive housing;  Encampment response and implementation of the Caltrans Encampment Delegated Maintenance Agreement;  Regional partnerships and funding opportunities;  Homelessness prevention efforts. The presentation will also include next steps and considerations that will help inform the development of the City’s first Homelessness Strategic Plan, which is anticipated to be presented to the City Council in early 2027. 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 Cou ncil members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov’t Code § 87100, et seq.). Staff are not independently aware and have not been informed by any City Council member of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no direct current-year fiscal impact associated with receiving this informational presentation. ONGOING FISCAL IMPACT There is no direct ongoing fiscal impact associated with receiving this informational presentation. ATTACHMENTS None. Staff Contact: Sergio Coreas, Homeless Solutions Manager, Housing and Homeless Services Department Stacey Kurz, Director of Housing and Homeless Services Page 378 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda v . 0 0 5 P a g e | 1 November 17, 2026 ITEM TITLE Agreement and Appropriation: Approve a Consultant Services Agreement with Citygate Associates, LLC for the Chula Vista Fire Department Master Planning Services and Strategic Plan, and Appropriate Funds Report Number: 26-0334 Location: No specific geographic location Department: Fire G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the State California Environmental Quality Act (CEQA) Guidelines. Therefore, pursuant to State CEQA Guidelines Section 15060(c)(3), no environmental review is required. Recommended Action Adopt a resolution approving an agreement with Citygate Associates, LLC for Fire Department master planning services and strategic plan for a not-to-exceed amount of $250,000 and appropriating funds for that purpose. (4/5 Vote Required) SUMMARY The Fire Department’s main planning documents are a Strategic Business Plan (2004) and Fire Department Master Plan (2014). Since the current master plan was developed, the department has recognized significant changes in its response criteria, has increased in size, increased numbers of calls for service annually (33,000+), and has implemented many new programs. Additionally, the City’s size has continued to grow in population and the expectation of the community for the fire department has increased. The Fire Department conducted an RFP for consultant services to create a new master plan and Citygate Associates, LLC. was awarded the contract subject to City Council approval. 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. Page 379 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda P a g e | 2 This determination is predicated on State CEQA Guidelines Section 15004 which provides direction to lead agencies on the appropriate timing for environmental review. The future Fire Department Master Plan resulting from the consultant services agreement will require environmental review and preparation of appropriate documentation in accordance with applicable state requirements, including CEQA and applicable provisions of the City Municipal Code. BOARD/COMMISSION/COMMITTEE RECOMMENDATION On April 13, 2023, the Measure A Citizens Oversight Committee confirmed use of Measure A fund balance to develop a Fire Department Master Plan and associated documents. DISCUSSION The Fire Department’s ability to provide safe, effective, and reliable emergency services depends on proactive planning that anticipates evolving community needs, operational demands, and emerging risks. While emergency response is the public-facing function of the department, effective firefighting, emergency medical services, and technical rescue operations rely on strategic preparation, resource planning, and ongoing evaluation of service trends. Since adoption of the Strategic Business Plan in 2004 and the Fire Facility & Equipment Master Plan in 2014, the City and Fire Department have experienced significant growth, expanding from seven stations and fewer than 100 sworn firefighters serving 217,000 residents to ten stations and more than 160 sworn firefighters serving approximately 280,000 residents, with a projected population exceeding 300,000. During the same period, annual emergency medical responses increased from approximately 12,400 basic life support incidents to more than 33,000 advanced life support calls. Given this substantial growth, evolving safety standards, emerging hazards, workforce challenges, and the age of the Department’s current planning documents, development of updated strategic and master plans is necessary to guide service delivery, facility and equipment investments, and long-term operational readiness consistent with industry best practices. Based on the need to properly plan for service delivery demand, City staff recommend using the existing Measure A Fire Department fund balance to contract with CityGate Associates, LLC, to produce the following: Revise/Update the Fire Department Master Plan  Revise/Update the Strategic Plan  Complete a Community Risk Assessment  Complete Standards of Cover  Complete a Bottom-Up-Review of: o Fire Department Training o Fire Department Staffing o Ambulance Transport System  Complete a Leadership Succession Plan Below are detailed descriptions of each work product described above. All elements of this recommendation are important; however, certain priorities will dictate the order of completion. Page 380 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda P a g e | 3 Master Plan The purpose of a Fire Department Master Plan is to provide a long-range and comprehensive review of current and future fire, rescue, and emergency medical services necessary to protect the City of Chula Vista. This type of plan is at a very high level and focuses on 10-plus-year timeframes to maintain effectiveness. It also must include input from both internal and external stakeholders to ensure it is built with an all-inclusive approach. The last time a plan of this nature was conducted was in 2011 and published in 2014. As a rapidly growing City, many changes have occurred in the assumptions used in the creation of the plan and forecasted outcomes are very different. In addition, the Fire Service has seen many changes in the past 10 years, and community expectations have evolved regarding what and how services are provided. To be an effective master plan for the Chula Vista Fire Department it must address:  Defining service levels and expectations; and,  Assessing the performance of where the department is now; and,  Conducted a community risk assessment for current conditions and future growth; and,  Evaluate current and future facilities against identified community risks and service level expectations; and,  Evaluate current and future fleet against identified community risks and service level expectations; and,  Provides initiatives that are carried out by a Strategic Plan; and,  Contains attachments that can be updated more frequently: o Strategic Plan (3-5 years) o Community Risk Assessment o Standards of Cover o Bottom-Up Reviews  Training  Staffing  Ambulance Transport  Municipal Services Review (SANDAG) Community Risk Assessment (CRA) The purpose of the Community Risk Assessment (“CRA”) is to thoroughly study the risks present within the City and to identify ways to mitigate them, thus making the City safer. The CRA identifies emerging trends, specific risks, and underserved populations. Understanding these elements allows the Fire Department to build appropriate strategies, initiatives, goals, objectives, and tasks to reduce fires, injury, and illness. Strategic Plan (Appendix to Master Plan) The purpose of the Strategic Plan is to build off the direction identified by the Master Plan, focusing on the highest priorities within a three-to-five-year timeframe. Additionally, the Strategic Plan allows the City to reevaluate its mission, vision, and values as the community, service delivery, and personnel evolve. An organization must transparently know where it is going with a clear understanding of the environment it operates in along with a chosen path to be successful at its mission. Page 381 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda P a g e | 4 Standards of Cover (SOC) The purpose of the Standards of Cover is to use the common threads of the Master Plan, Strategic Plan, and CRA to drive resource deployment. It is a technical, data-driven, and highly detailed analysis of the fire department resources to provide efficient and effective service delivery. Bottom-Up Reviews (BUR) The purpose of a Bottom-Up Review (“BUR”) is to provide a focused and specific assessment of a program within the Fire Department. A BUR should be commissioned to validate the efficiency and effectiveness of significant programs and must be compared against defined goals and expected outcomes. The BUR process can confirm the need for the program to be reviewed or its revision. Once completed, it should become a template for future reviews by standardizing program metrics and desired outcomes. Leadership Succession Plan The purpose of a Leadership Succession Plan is to provide training and experience to develop Fire Department personnel as the Fire Department continues to grow. The department’s need to develop leaders at a faster pace is needed due to the growth within the department, decreased average years of experience amongst staff, increased span of control and a growing number of leadership positions. This type of planning will identify preselected training programs which will qualify for Fire Department sponsorship. Desired outcomes would include an understanding from existing Fire Department members of what path they can pursue to prepare themselves for executive leadership. Programs could include the US Fire Administration Executive Fire Officer Program, California State Fire Marshal Executive Fire Officer Program, Harvard Executive Leadership Certification Program, and Mission Critical Team Institute Leadership Program. RFP Process On April 17, 2026, the City issued a Request for proposal (RFP) seeking competitive proposals from qualified firms to provide master planning services for the Fire Department. The plan is intended to guide the department for the next 10-15 years and will encompass a revised/updated Fire Department Master Plan, a revised/updated Strategic Plan, a Community Risk Assessment, a Standards of Cover, Bottum-Up-Review (Training, Staffing, and Ambulance Transport System), and a Leadership Succession Plan. As a result of the RFP process, staff recommend approving a consultant services agreement with Citygate Associates, LLC. through November 10, 2027. Compensation with Citygate, LLC. is $244,029 with a not-to- exceed amount of $250,000. 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 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. Page 382 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda P a g e | 5 CURRENT-YEAR FISCAL IMPACT Approval of this resolution will approve an agreement with Citygate Associates, LLC. for the Fire Department Master Plan and amends the fiscal year 2026-27 budget by appropriating $250,000 to the Supplies and Services category of the Measure A Sales Tax Fund from the available fund balance. ONGOING FISCAL IMPACT There is no additional fiscal impact anticipated for this agreement. Any future infrastructure needs, and associated funding actions, identified in the development of the master plan will be brought for City Council consideration. ATTACHMENTS 1. Citygate Agreement Staff Contact: Chris Manroe, Fire Chief Pete Mercado, Deputy Fire Chief Page 383 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND CITYGATE ASSOCIATES, LLC, FOR FIRE DEPARTMENT MASTER PLANNING SERVICES AND STRATEGIC PLAN AND APPROPRIATE FUNDS THEREFOR WHEREAS, the City of Chula Vista Fire Department (“CVFD”) Strategic plan was created in 2004, and the CVFD Master Plan was created in 2011; and WHEREAS, the Master Plan was written when the City’s population was 217,000, CVFD only had 7 stations, and just under 100 sworn personnel who responded to 12,400 calls per year; and WHEREAS, the City’s population of over 280,000 residents and CVFD will have 12 stations soon, respond to over 33,000 calls per year, and have 210 sworn personnel; and WHEREAS, as the City continues to expand geographically and demographically, CVFD must maintain adequate staffing levels and operational readiness; and WHEREAS, on April 17, 2026, the City issued RFP P34-2026 seeking competitive proposals from qualified firms to provide master planning services that would create a 10–15-year Fire Department Master Plan, a 3–5-year Strategic Plan, perform a Community Risk Assessment, develop a Standards of Cover, perform Bottom-Up Reviews of major programs, and develop a Leadership Succession Plan; and WHEREAS, the City received eight (8) sealed bids on June 10, 2026, and after a comprehensive assessment, staff recommend awarding the agreement to Citygate Associates, LLC in the not-to-exceed amount of $250,000; and WHEREAS, on April 13, 2023, the Measure A Citizens Oversight Committee (COC) met and recommended the use of Measure A Fund Balance to fund the cost of the plan creation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Consultant Services Agreement, between the City and Citygate Associates, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk and authorizes and directs the City Manager to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that amends the fiscal year 2026-27 budget by appropriating $250,000 to the Supplies & Services category of the Measure A Sales Tax Fund from available fund balance. Page 384 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Resolution No. 2026- Page No. 2 Presented by Approved as to form by Chris Manroe Marco A. Verdugo Fire Chief City Attorney Page 385 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH CITYGATE ASSOCIATES, LLC TO PROVIDE A FIRE DEPARTMENT MASTER PLAN This Agreement is entered into effective as of November 10, 2026 (“Effective Date”)1 by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Citygate Associates, LLC, a California corporation, (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City is seeking professional consultant services to research, write, and produce a Master Plan for the Fire Department intended to guide the department for the next 10 - 15 years; and WHEREAS, the plan will encompass a revised/updated Fire Department Master Plan, a revised/updated Strategic Plan, a Community Risk Assessment, a Standards of Cover, Bottom-Up- Review (Training, Staffing, and Ambulance Transport System), and a Leadership Succession Plan; and WHEREAS, to procure these services, City solicited proposals in accordance with Chula Vista Muncipal Code Section 2.56.110 for professional services by issuing Request for Proposals (“RFP”) P34-2026, to which it received eight (8) proposals, eight of which all were deemed responsive; and WHEREAS, City selected Consultant based on Consultant’s unique qualifications, including its extensive local knowledge, experience, and references; and WHEREAS, RFP P34-2026 and Consultant’s responding proposal are incorporated by reference; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 1 If City Council approved, insert date of City Council approval. Otherwise, insert a date no later than date Consultant’s wor k commences. Page 386 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as other wise prescribed by the City Attorney. Page 387 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with monthly fee invoices across the eight-month project schedule. The first monthly payment invoice would be issued upon contract execution, remaining invoices shall be submitted 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 with exception to the first invoice due upon contract execution. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. Page 388 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 2.4 Retention Policy. City shall retain the amount due for the final monthly invoice for the Required Services (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements Page 389 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the 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. Page 390 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. 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 Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. Page 391 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. CONFLICTS OF INTEREST 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered 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 $500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. In order to assure compliance with these requirements, Consultant shall Page 392 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda comply with the disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement by this reference. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the Page 393 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. Consultant hereby waives any right to remove any action from San Diego County as may otherwise be permitted by California Code of Civil Procedure section 394. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Page 394 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub-contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such 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. Page 395 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) Page 396 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. BY: ________________________________ BY: ________________________________ Chad Jackson TIFFANY ALLEN President CITY MANAGER ATTEST2 BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: _______________________________ Marco A. Verdugo City Attorney 2 Attestation signature only required if the Mayor signs the Agreement. If Mayor is not signing agreement, delete entire attestation signature block. Page 397 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Adrianna Relph 276 Fourth Avenue Chula Vista, CA 91910 619-691-5254 arelph@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: CITYGATE ASSOCIATES, LLC 111 Woodmere Road, Suite 170 Folsom, CA 95630 916-458-5105 cjackson@citygateassociates.com For Legal Notice Copy to: Same as above 2. Required Services A. General Description: Services are described in detail in RFP P34-2026. Consultant will research, write, and produce a Fire Department Master Plan that will guide the Department for the next 10 to 15 years. The Master Plan will include the following:  Fire Department Master Plan  3–5-year Strategic Plan  Community Risk Assessment (CRA)  Standards of Cover (SOC)  Bottom-Up Reviews  Leadership Succession Plan B. Detailed Description: Fire Department Master Plan Page 398 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Identify gaps in operations and resources; develop recommendations to maximize the effectiveness of current Department operations and resources; and identify “current published best practices” that may be appropriate for application in Chula Vista. The performan ce audit of all the Department’s major functions will compare them to the Department’s needs, to their cost effectiveness, and to best practices. Strategic Plan Preparing the Strategic Plan will include three on-site workshops to complete the following Applied Strategic Planning elements:  Provide overview of the planning process; clarify roles, expectations, and deliverables; review outcome or status of prior planning efforts; and establish the level and method of stakeholder engagement or involvement desired.  Identification of key factors that will or may influence the Strategic Plan over its life cycle, including services and programs, service gaps, critical issues, stakeholder concerns, funding, politics, etc.  Facilitate, as desired, a review and update of the Department’s current values, vision, and mission statements.  Review/assessment of current organizational performance, including results from the current Community Risk Assessment/Standards of Cover and Master Plan Update; a facilitated Strengths, Weaknesses, Opportunities, and Threats (SWOT) assessment; Page 399 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda  and results from the stakeholder outreach surveys as applicable.  Facilitate identifying what success should look like or include by the end of the planning term.  Identification of gaps between current organizational performance, and envisioned success.  Facilitate development of overarching goals or initiatives, strategies, and objectives to resolve or close the gaps identified in the Gap Analysis.  Facilitate development of an implementation plan, which includes prioritization of the strategic objectives to: o Maximize opportunities for early successes. o Leverage gains to produce more gain. o Build and maintain momentum. o Plan for the regular periodic review and update of the Plan. Community Risk Assessment Will be in conformance with National Fire Protection Association (NFPA) 1300 – Standard on Community Risk Assessment and Community Risk Reduction Plan Development (2026 edition). Additionally, CRA is an element of the SOC process as further detailed in the immediately following section. Standards of Cover Incorporate guidelines and best practices in the field of deployment and risk analysis from NFPA, the Insurance Services Office (ISO), relevant federal and state laws and regulations, and other recognized industry best practices. Project methodology will incorporate the following eight elements of the Standards of Response Coverage process:  Existing Deployment  Community Outcome Expectations  Community Risk Assessment  Critical Task Study  Distribution Study  Concentration Study  Reliability and Historical Response Effectiveness Studies  Overall Deployment Evaluation Bottom-Up Reviews Identify gaps, if any, in operations and resources; develop recommendations to maximize effectiveness of current major Department programs as identified in the Department’s organization table, such as Training, Prevention, and Logistics; and identify “current published best practices” that may be appropriate for application in the Department’s service lines. The performance audit of all the Department’s major service programs will compare them to the City’s needs, to their cost effectiveness, and to best practices. Page 400 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Leadership Succession Plan Evaluate the Department’s job descriptions, position qualifications, promotional processes, and tenure in the current positions and Department. We will then determine if a succession plan exists and, if not, identify the need for one and a best-fit framework for the Department and its bargaining units to consider. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin November 11, 2026 and end on November 10, 2027 for completion of all Required Services. 4. Compensation: Invoiced or agreed-upon amounts as follows:  Monthly fee across the eight-month project schedule, which creates clarity and predictability for the City. The first monthly payment invoice would be issued upon contract execution. City will retain the final monthly invoice amount for the Required Services. Consultant will receive final payment upon City review and determination of Project Completion.  Invoices are payable within thirty (30) days. Citygate’s billing terms are net thirty (30) days plus two percent (2%) for day thirty-one (31) and two percent (2%) per month thereafter.  Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 10, 2027, shall not exceed $244,029. 5. Special Provisions: ☐ Permitted Sub-Consultants: List Permitted Sub-Consultants or Indicate “None” ☐ Security for Performance: See City Attorney or Indicate “None” if Not Applicable ☐ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for Insert Number of Terms additional one-year terms or Enter Specific Date Range for Terms (i.e., “January 1, 2027 through December 31, 2027 and January 1, 2028 through December 31, 2028”). The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to Insert Percentage of Increase or Actual Dollar Amount for each extension. The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. ☐ Other: Describe Special Provisions (Delete Line If Not Applicable) ☐ None Page 401 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda Page 402 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☐ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE Page 403 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act3 and the Chula Vista Conflict of Interest Code4 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.5 ☒ A. Consultant will not exert influence over the official or contracting decisions of City and is therefore EXCLUDED6 from disclosure. ☐ B. Consultant WILL exert influence over the official or contracting decisions of City and their disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of- interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1.Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2.Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from 3 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. Chula Vista Municipal Code §§2.02.010-2.02.040. Cal. Gov. Code §§53234, et seq. 6 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company). Page 404 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Chris Manroe EXHIBIT D CONSULTANT LEVINE ACT DISCLOSURE Page 405 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula Vista Officer7 (“Officer”) from taking part in decisions related to a contract if the Officer received a political contribution totaling more than $500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The Levine Act does not apply to competitively bid, labor, or personal employment contracts; contracts valued at under $50,000; contracts where no party receives financial compensation; or contracts between two or more agencies. ☒ A. The Levine Act (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 $500 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☐ 2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $500 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☐ Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any actions related to the Agreement. 7 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308 Page 406 of 406 City of Chula Vista - City Council November 17, 2026 City Council Agenda