Attachment 2 RFP(1).pdf — Chula Vista City Council, January 9, 2024

RFP P04-2024 July 28, 2023

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THE CITY OF CHULA VISTA

REQUEST FOR PROPOSAL
RFP P04-2024

Notice is hereby given that proposals will be received until 12:00 P.M. on Wednesday, September 6, 2023 Pacific Standard Time (PST), furnishing the City of Chula Vista with:

Special District Consultant Services
Prospective respondents are hereby referred to the proposal instructions, general provisions, and terms and conditions contained in this request for proposal. All proposals must be submitted through PlanetBids by the due date and time. Late proposals will not be considered.

Tentative RFP Schedule
(Subject to change at City’s discretion)

Questions related to the proposal must be submitted through PlanetBids and must be received by 12:00 pm, Wednesday August 9 , 20 23. Answers will be uploaded to PlanetBids no later than 5:00 pm , Wednesday, August 16, 2023.

The City reserves the right to reject any or all proposals received any portion of any proposal and to waive any irregularities or informalities in proposals or the RFP process. Any addenda that are issued through this RFP must be signed and returned with your submittal.

Victor De La Cruz
Procurement Services Analyst

Activity Date
RFP Posted to PlanetBids July 28, 2023
Question Submittal through PlanetBids August 9, 2023 by 12:00 pm Response to Questions from City Due August 16, 2023 by 5:00 pm RFP Response and Proposal Due September 6, 2023 by 12:00 pm RFP Evaluations Completed September 22, 2023
Presentation /Interviews September 26&27, 2023
Consultant Selection September 28, 2023
Council Approval October 10, 2023
Consultant Award October 10, 2023
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Objective
The City of Chula Vista ("the City") is soliciting proposals from qualified firms to provide Special District Consulting Services (Community Facilities District Administration; Assessment District Administration and Apportionments; Open Space District Administration; Delinquency Management/monitoring; and related services) for one (1) Assessment District, thirty-one (31) Community Facilities Districts, thirty-five (35) Open Space Districts , one Sewer Assessment District within the City of Chula Vista (See tables 1, 2, 3, 4, and 5 for current districts), as well as administration, apportionments and related services for the City’s Delinquent Trash fund and Delinquent Sanitation fund . Additionally, the Consultant will provide arbitrage calculations and continuing disclosure services for Bonds such as Certificates of Participation (COP’s), Lease Revenue Bonds (LRB’s), Tax Allocation Bonds (TABs), Pens ion Obligation Bonds (POB’s), and other future issuances that may be created throughout the term of the agreement.

The Consultant will also provide continuing disclosure services related to the Bayfront Project Special tax Financing District:

The contract will be for an initial period of three (3) years and may be extended for two (2) additional one (1) year options that will extend for up to a total of five (5) years.

If your firm is interested and qualified, please upload your response through PlanetBids. Please provide the electronic copy as a PDF (not a scanned PDF). All items must be received no later than 12:00 PM on Wednesday, September 6, 2023.

Background
The Assessment District was formed under the Municipal Improvement Act of 1913 and bonds issued pursuant to the Improvement Bond Act of 1915 (Division 10 of the Streets and Highways Code), refunded initially under the Refunding Act of 1984 for 1915 Improvement Act Bonds (Division 11.5 of the Streets and Highways Code), and later refunded under the Marks -Roos Local Bond Pooling Act of 1985 (Title 1, Division 7, Chapter 5, Article 4 of the California Government Code.)

The Community Facilities Districts were formed under the Mello-Roos Community Facilities Act of 1982.

Eighteen (18) of these districts (CFDs 97-1A, 97-1B, 97-2, 98-3, 99-2, 07M IA1, 07M IA2 , 08M IA1, 08M IA2, 09M, 11M, 12M IA1, 12M IA2, 13M, 14M IA1, 14M IA2, 18M and 19M) provide funds for the maintenance of open space or preserve areas. One district (CFD 97-3) is an acquisition district for the construction of public improvements. Fourteen (14) districts (CFDs 99-1, 2000-1, 2001-1, 2001-1B, 2001- 2, 06IA, 06IB, 07I(2004), 07I (2006), 08I, 12I, 16IA, 16IB and 13I) involve bond issues and provide funds for the construction of backbone streets and associated improvements, Public Facilities Development Impact Fee (PFDIF) improvements, and pedestrian bridges.

The Open Space Districts were formed under the Landscaping and Lighting Act of 1972 (Division 15, Part 2 of the California Streets and Highways Code.)

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The Montgomery Sewer District is a financing mechanism for the collection of wastewater conveyance and treatment service fees for a portion of the City. For Fiscal year 2022/2023, the district levied 3,766 parcels for $3.8M.

The Solid Waste fund accounts for revenues derived from franchise fees paid to the City of Chula Vista by its authorized collector of solid waste, Republic Services. The accumulation, storage, collection, transportation, processing and disposal of solid waste is a matter of public concern. Accordingly, the minimum weekly collection of solid waste from all residences and places of business in the City is a mandatory service and shall not be discontinued. All owners and occupants of premises within the City shall be responsible for paying solid waste service rates charged by the City or its authorized collector.

Republic Services issues bills customers in varying cycles on a bi-monthly schedule. Republic Services pays the City its franchise fee on a monthly basis.

The Sewer fund accounts for revenues derived from services provided to parcels connected to the City’s wastewater system. The City builds, operates and contracts for public sewers and wastewater facilities, which serve homes, industries and commercial establishments. The owner or occupant of any parcel of real property which is connected to the sewer system of the City and to a water system maintained by the Sweetwater Authority, the Otay Water District or the California – American Water Company shall pay the required sewer service charges. For parcels serviced by the Otay Water District, sewer billing is included with their water bills. For parcels serviced by the Sweetwater Authority, the City bills the account holder directly. For parcels in the Montgomery Sewer Assessment District, sewer billing is included in the County property tax roll.

Bayfront was formed in 2019 for the purpose of financing certain public and private improvements and providing maintenance and services to serve the Chula Vista Bayfront Project. This includes the financing of a Convention Center Facility, and other certain public and/or private improvements. A loan agreement was signed on May 26, 2022 between the Bayfront Project Special Tax Financing District, Chula Vista Bayfront Facilities Financing Authority and Wilmington Trust, N.A. This loan is known as the “Bayfront Project Special Tax Financing District Public Infrastructure Loan” and totaled $104,415,870.71 at the date of said agreement.

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Table 1: Current Assessment District

Assessment
District
No.

Refinancing
District
No. Name
Original
Principal
(Mil$) Type
97-2
2005-2/2015-
1 Otay Ranch Village I $4.4 Construction

Table 2: Current Bonded (Infrastructure)
Community Facilities Districts

Community
Facilities
District
No. Name
Original
Principal
(Mil$)
97-3 Otay Ranch McMillin Acquisition 11.8
99-1 Otay Ranch Spa I (Series A bonds) 23.0
2000-1 Sunbow II Villages 5-10 7.4
2001-1 San Miguel Ranch (Area A & Area B) 19.4
2001-2 McMillin Otay Ranch Village 6 9.2
06-I
Eastlake Woods, Vistas & Land Swap (Area A &
Area B) 39.0
07-I Otay Ranch Village 11 (2004) 28.0
07-I Otay Ranch Village 11 (2006) 17.0
08-I Otay Ranch Village 6 18.5
12-I McMillin Otay Ranch Village 7 22.6
13-I Otay Ranch Village 7 and Village 2 16.6
16-I Millenia (Improvement Area 1 & Ara 2) 23.5

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Table 3: Current Non-Bonded Maintenance (Perpetual)
Community Facilities Districts

Community
Facilities
District
No. Name
97-1
Open Space Maintenance District (Otay Ranch - SPA One, Villages 1 & 5) (Area A and Area B)
97-2 Preserve Maintenance District
98-3 Open Space Maintenance District No. 35 (Sunbow II) 99-2 Otay Ranch Spa One - Village 1 West
07M Eastlake Woods, Vistas (Area A) & Land Swap (Area B) 08M McMillin Otay Ranch Village 6 (Area A and Area B)
09M Village 11 - Otay Ranch Brookfield Shea
11M Rolling Hills Ranch Neighborhoods 9-12
12M Otay Ranch Village 7 (Area 1 and Area 2)
13M Otay Ranch Village 2
14M
Otay Ranch A & B - Eastern Urban Center Millenia & Eastern Urban Center Millenia Parks
18M Otay Ranch Village 3
19M Freeway Commercial 2 (Planning Area 12)

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Table 4: Current Open Space Districts

Open Space
District Name
1 El Ranch Del Rey 1-4
2 Lark Haven
3 Rancho Robinhood Units 1 & 2
4 Bonita Ridge
5 South Bay Villas
6 Hilltop Vista
7 Zenith Units 2, 3, 4
8 Rancho Robinhood Unit 3
9 El Rancho Del Rey
10 El Rancho Del Rey 6, Casa Del Rey
11 Hidden Vista Village
14 Bonita Long Canyon
15 Bonita Haciendas
17 Bel Air Ridge
18 Rancho Del Sur
20 Zone 1 Desilting Basin at East H Street
20 Zone 2 Rice Canyon Trail Area
20 Zone 3 East H Street
20 Zone 4 SPA I Phase 1 (Business Center)
20 Zone 5 SPA Phases 2-6
20 Zone 6 SPA 2
20 Zone 7 SPA 3
20 Zone 8 Desilting Basin at Glen Abbey
20 Zone 9 Telegraph Canyon Channel (SPA 3 Area)
23 Otay Rio Business Park
24 Canyon View Homes
26 Park Bonita
31 Telegraph Canyon Estates

ELMD Zone A Eastlake 1
ELMD Zone B Eastlake Greens
ELMD Zone C Olympic Training Center
ELMD Zone D Salt Creek 1
ELMD Zone E Telegraph Canyon Channel
Bay Blvd Bay Boulevard Maintenance District
Town Centre Property Based Improvement District (PBID)

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Table 5: Sewer Assessment District

Name Number of Parcels (FY23)
Amount levied
in FY23
(Mil$)
Montgomery Sewer Assessment
District 3,766 3.8

Table 6: Non-Land Based Bonds

Name Number of Parcels (FY23)
Original
Amount issued
(Mil$)
2014 Refunding COP N/A 45.9
2015 Refunding COP N/A 34.3
2016 Refunding COP N/A 8.6
2016 LRRB N/A 25.9
2017 LRB N/A 61.4
2017A LRB N/A 12.0
2017B LRB N/A 1.1
2021 POB N/A 350.0
2016 TARB N/A 29.3

Table 7: City Delinquent Funds

Name
Number of Parcels (FY24)
Estimate Amount levied
Delinquent Trash Fund 759 $517,583.60
Delinquent Sanitation Fund 268 $432,262.30

Table 8: Bayfront Districts

Name Number of Parcels (FY23)
Amount levied
in FY23
(Mil$)
Bayfront Project Special tax
Financing District 2

5.5% of rent
collected

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Scope of Work
Assessment District Administration and Apportionment Services The City currently has 1 Assessment District (AD).

• Apportion of tax lien for each parcel within the assessment district according to the method of spread in the Engineer’s Report;
• Provide assessment installment information for each parcel for submittal in a timely manner to the County of San Diego for placement on the property tax roll. The information shall be submitted on the media, format, and configuration specified by the County;
• Research and resubmit entries rejected by the County on behalf of the City; • Provide staffing and contact information to field inquiries concerning Assessment District administration, assessments, payoff calculation, and other information regarding district proceedings and annual installments for property owners, title companies and other interested parties;
• Prepare an annual levy report s ummarizing the information used to calculate the annual installment amount for the district, including a list of all Assessor Parcel Numbers; • Prepare and record the amended assessment diagrams that result from lot splits or subdivision;
• Provide support to City staff in researching current and historical tax roll information, ownership, payoff calculation, delinquency notices and delinquent status from the County tax system;
• Prepare continuing disclosure reports and event notices for City staff review, as required by district disclosure agreements and SEC Rule 15c2-12, and disseminate approved documents to the Electronic Municipal Market Access (EMMA); • Provide support to City staff to maintain compliance with the requirements of State of California Revenue and Taxation Code 163;
• Perform required bond call spreads in accordance with applicable state laws and coordinate the early redemption of outstanding bonds as needed; • Pro vide certification related to specific escrow release tests on as needed basis; • Assist City staff in delinquency management by closely monitoring outstanding district delinquencies, and provide periodic reports to the City presenting aging and current statuses of all delinquent installments;
• Provide Arbitrage Calculations at least every five years for each bond issue as well as a final computation on the date on which the last maturity of a bond issue is retired; • Provide Asset Management Services including the ability to estimate future capital asset replacement, as required by staff;
• Assist City with new Assessment District formations; and • All other special projects as deemed necessary, including but not limited to refunding analysis.

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Community Facilities District – Bonded
The City currently has 15 Bonded Community Facilities Districts (CFDs).

• Review the special tax schedules prepared by the City and ensure that all debt service and administrative expenses are recovered through the annual special tax levies; • Calculate the annual special tax levy for each parcel within the CFD following the guidelines established in the Rate and Method of Apportionment of Special Tax; • Prepare comprehensive special tax installment information for each parcel for submittal in a timely manner to the County of San Diego for placement on the property tax roll.

This information shall be submitted on the media, format, and configuration specified by the County;
• Research and resubmit entries rejected by the County on behalf of the City; • Provide staffing and contact information to field inquiries concerning CFD administration, annual special taxes, payoff calculation, and other information regarding district proceedings and annual installments for property owners, title companies and other interested parties;
• Prepare an annual levy report summarizing the information used to calculate the annual installment amount for the districts, including a list of all Assessor Parcel Numbers; • Assist City staff with proper disclosure of special tax information for prospective property purchases as required by Sections 53340.2(b) and 53341.5 of the State of California Government Code;
• Prepare continuing disclosure reports and event notices for City staff review, as required by district disclosure agreements and SEC Rule 15c2-12, and disseminate approved documents to the Electronic Municipal Market Access (EMMA); • Perform tasks associated with CFD administration, including but not limited to bond call coordination, release of lien, delinquency reporting, foreclosure coordination, and annexation;
• Assist City staff in providing information to bond rating agencies when needed; • Assist in maintaining current and future CFD law and regulation compliance and notify City staff of any pertinent changes in CFD law and regulations; • Provide certification related to specific escrow release tests on as needed basis; • Assist City staff in delinquency management by closely monitoring outstanding district delinquencies, and provide periodic reports to the City presenting aging and current statuses of all delinquent installments;
• Provide Arbitrage Calculations at least every five years for each bond issue as well as a final computation on the date on which the last maturity of a bond issue is retired; • Provide Asset Management Services including the ability to estimate future capital asset replacement, as requested by staff;
• All other special projects as deemed necessary, including but not limited to new district formation, tax rate projection, and refunding analysis.

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Community Facilities District – Maintenance (Non-Bonded) The City currently has 18 Maintenance Community Facilities Districts (CFDs).

• Calculate the annual special tax levy for each parcel within the CFD following the guidelines established in the Rate and Method of Apportionment of Special Tax; • Prepare comprehensive special tax installment information for each parcel for submittal in a timely manner to the County of San Diego for placement on the property tax roll. The information shall be submitted on the media, format, and configuration specified by the County;
• Research and resubmit entries rejected by the County on behalf of the City; • Provide staffing and contact information to field inquiries concerning CFD administration, annual special taxes, and other information regarding district proceedings and annual installments for property owners, title companies and other interested parties;
• Prepare an annual levy report summarizing the information used to calculate the annual installment amount for the districts, including a list of all Assessor Parcel Numbers;
• Assist City staff with proper disclosure of assessment information for prospective property purchases as required by Sections 53340.2(b) and 53341.5 of the State of California Government Code;
• Provide annexation services to all subject developments, boundary map recordation, annexation proceedings, such as public hearing and owner election, and Preparation of rates and Method of Apportionment for annexations, data collection, etc.; • Administration and assistance with compliance requirements; • Provide Asset Management Services including the ability to estimate future capital asset replacement, as requested by staff;
• Assist City with new District formations; and
• All other special projects as deemed necessary, including but not limited to revenue projection and cash flow forecast.

Open Space Maintenance Districts
The City currently has 35 Open Space Maintenance Districts (OSD) and/or zones.

• Obtain thorough understanding of the City’s OSD establishment, their boundaries, Parcels and particularities;
• Review all documentation, databases, and budgets prior to preparing levy analysis, in order to ensure total and complete equity of assessments within each district; • Prepare complete documentation for annual assessment, including Engineer’s Reports and maps;
• Attend City Council meetings with OSD-related items, as requested by City staff; RFP P04-2024 July 28, 2023

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• Provide comprehensive assessment installment information for each parcel and submit in a timely manner to the County of San Diego for placement on the property tax roll.

The information shall be submitted on the media, format and configuration specified by the County;
• Research and resubmit entries rejected by the County on behalf of the City; • Provide staffing and contact information to field inquiries concerning OSD administration, annual assessments, and other information regarding district proceedings and annual installments for property owners, title companies and other interested parties;
• Prepare an annual levy report summarizing the information used to calculate the annual installment amount for the districts, including a list of all Assessor Parcel Numbers;
• Provide Asset Management Services including the ability to estimate future capital asset replacement, as requested by staff, and
• Complete all reports on OSD required by the state and federal agencies.

Montgomery Sewer District
The City levies annual sewer assessments within a portion of its incorporated area.

• Obtain thorough understanding of the Montgomery Sewer District, its boundaries, Parcels, and particularities of the district;
• Review all documentation, databases, and budgets prior to preparing levy analysis, in order to ensure total and complete equity of assessments the district; • Work with water agencies and download data from them to determine usage; • Update sewer and meter rate tables with rate updates from the prior year; • Match new accounts to APNs (usually around 2 dozen new accounts/per year); • Run initial assessment, and research zero ($0) assessment parcels; • Provide database/workbook to City Finance Staff to perform second levy check; • Provide comprehensive assessment installment information for each parcel and submit in a timely manner to the County of San Diego for placement on the property tax roll.

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• Prepare an annual levy report summarizing the information used to calculate the annual installment amount for the districts, including a list of all Assessor Parcel Numbers; and
• Complete all reports on the district required by the state and federal agencies.

Non-Land Based Bonds
The City currently has (3) Certificate of Participation Bonds (COP’s), (4) Lease Revenue Bonds (LRB’s), (1) Pension Obligation Bonds (POB’s), and (1) Tax Allocation Refunding Bonds (TARB’s).

• Prepare continuing disclosure reports and event notices for City staff review, as required by the bond indenture and SEC Rule 15c2-12., and disseminate approved documents to the Electronic Municipal Market Access (EMMA); • Provide Arbitrage Calculations at least every five years for each bond issue as well as a final computation on the date on which the last maturity of a bond issue is retired.

Note that additional Bond Issuances may be added during the scope of this contract. The cost proposal should indicate which fees will need to be negotiated when additional information about these Bonds is available.

Bayfront Project Special Tax Financing District
The City currently levies a 5.5% special tax on two parcels within the District.

• Prepare continuing disclosure reports, as required by State Bill 165 and Assembly Bill 2109.
• As-needed administration and assistance with compliance requirements.

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Delinquent Trash Fund
The City levies annual delinquent solid waste service charge assessments across its incorporated area.

• Establish lines of communication and gain understanding of the specific goals, components and criteria to meet the City’s, Program’s and Special District’s needs; • Review all documentation, databases, and budgets prior to preparing levy analysis, in order to ensure total and complete equity of assessments the district; • Maintain a comprehensive database of the District and Parcel information in a form such that the annual levy submission to San Diego County will the guidelines as outline in the County’s fixed charge submission packet;
• Provide comprehensive assessment installment information for each parcel and submit in a timely manner to the County of San Diego for placement on the property tax roll; • Maintain all data related to individual parcels, such as special tax and assessment information, regularly updated delinquency history, current property ownership information, contact information, assessed valuation information; • Determine the levy requirements for each fiscal year; • Prepare the annual levy for the program in a format and media acceptable for the County of San Diego Treasurer Tax-Collector prior to the requested deadline; • Perform adjustments and corrections to the levies as necessary, even after the deadline to submit in order to rectify any issues;
• Maintain current Assessor’s parcel maps, updating at least annually and prior to the current year’s levy;
• Research exceptions lists from the County, update parcel number changes in the database and calculate benefit assessment area as well as reporting the revised parcels and levy amounts to City staff;
• Prepare additionally required correspondences relating to the submittal, correction, removal of special taxes to the County tax roll;
• Provide the City with hard copy and electronic copy of the Annual Levy Report, containing information used to calculate the annual installment amount for each parcel as well as the summary of the total annual levy amount; • Complete all reports on the district required by the state and federal agencies; • Serve as the initial and primary point of contact for property owners, title companies and other interested parties regarding the program proceedings and annual installments.

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Delinquent Sanitation Fund
The City levies annual delinquent sewer service charge assessments within a portion of its incorporated area.

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Proposal Form and Content
The City will accept proposals in accordance with the instructions and specifications in this Request for Proposal (RFP).

A. Upload one (1) PDF original to PlanetBids

B. Proposals should be in the following format, with a table of contents and include all elements listed below:

1. Cover Letter – The cover page should reflect the Firm’s name, the date and the subject:
“REQUEST FOR PROPOSAL FOR SPECIAL DISTRICT ADMINISTRATION SERVICES.”

2. T ransmittal Letter with Executive Summary – A letter of transmittal summarizing the key points of the Firm’s Proposal in a clear and concise manner shall be signed by an individual in the Firm authorized to negotiate terms, render binding decisions, and commit the Firm’s resources. The letter shall state the Firm has read and will comply with all terms and conditions of the RFP and summarize the Firm’s understanding of the work to be done and ability to perform it. Please limit to one or two pages.

3. Pr oposer Information –
a. Identification of Firm – The Proposal must reflect the Firm’s full legal name, state of incorporation, location of office(s), and background and other general information, including the size of the organization, years in business, and an organizational chart. The Proposal also must include the name, address, phone number, and e -mail of the Firm’s contact person.
b. Key
Personnel – Please provide the name s, qualifications and proposed roles of the principal personnel who would be assigned to perform the services described in the RFP.

Please provide the location at which work on this service will be accomplished and indicate the percentage of key personnel’s time that will be dedicated to this project.

Resumes for all key personnel, including the designated project manager should b e provided. No substitution in identified key personnel with be acceptable without the written permission of the City of Chula Vista.
c. P roposer Qualifications & References – The Firm shall state its qualifications, including providing a list of contracts with a scope similar to that of this RFP in which the Firm has engaged and a description of its proposed personnel’s relevant experience over the past three (3) years. Also provide the names and contact information for individuals from a minimum of three ( 3) municipal entities for which the Firm has provided services, as relevant to this RFP, who would be willing to serve as references for the Firm and the individuals who would provide services to the City. References other than the City of Chula Vista Engineering Department are preferred.

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d. Claims and Litigation - For the services proposed please provide a listing of all claims and/or litigation with a brief description including dollars paid by your firm during the last 5 years. Include the following criteria: date, client, amount and nature of issue. e. C ertificates and Registrations – if applicable
f. Letters of recommendation – Optional
g. Subcontractor Information (if any) – If any part of the work or products described in the proposal is to be provided by subcontractors, please provide the following:
i. A description of each subcontractor’s role in the project, ii. A description of previous joint ventures between the Respondent and subcontractor, and
iii. The corporate or company name and the names of officers or principals of companies proposed as subcontractors. The successful Respondent will be responsible for ensuring that all subcon tractors confo rm to the same standards, timetables, specifications, and insurance/bond coverage stated in the contract between the City and Prime Contractors. Prior to an award of the Contract, the successful Respondent must furnish a statement of the services and contractual arrangements between itself and all proposed subcontractors. Subcontractors shall be subject to approval by the City. h. Company Literature (Optional) – Company literature may be included at the end of the proposal, if desired.

4. T echnical Proposal – This section of the pro posal shall be used to set up a work plan for implementation of the job if a contract is awarded. The response to each task must include:
a. A full description of the methodology to be employed in completing task deliverables;
b. A listing of all deliverables that will be provided for the task:
c. A list of key personnel involved in this component of the project.

5. Cost Proposal – The City is interested in maximizing the value of its investment.

Respondents should propose the most cost-effective methodology to meet the requirements of this RFP. The Respondent must provide a cost proposal for the activities described in this RFP. Proposals should be given in terms of cost/lump sum for each District and shall include all expenses and costs incurred by the Consultant and will be used as a basis for issuing progress payments as the work is performed.

Note that additional Districts, particularly Community Facilities Districts, may be added during the scope of this contract. The cost proposal should indicate which fees will need to be negotiated when additional information about these Districts is available. Please also note that additional Bond Issuances may be added during the scope of this contract. The cost proposal should indicate which fees will need to be negotiated when additional information about these Bonds is available.

A Schedule of Hourly Rates for all personnel that would be involved in this contract should also be provided. This schedule would be used for additional services only.

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Evaluation Criteria

City of Chula Vista - RFP for Special District Consultant Services Evaluation Criteria Weight Score (1-5) Weighted Score
1 Background and related
experience of the specific
individuals to be assigned to
this project.
15 5 75
2 Resources available to perform
task on time and within budget
15 5 75
3 Demonstrated competence
and professional qualifications
necessary for successfully
performing the work required
by the City. Claims and
Litigation History.
20 5 100
4 Quality, clarity and
responsiveness of the
proposal.
10 5 50
5 Understanding of the work
required by the City.
15 5 75
6 Total Annual Costs and
Justification
10 5 50
7 Recent experience in
successfully performing similar
services.
15 5 75

100 500

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GENERAL CONDITIONS
Evaluation
The Purchasing Agent along with the Department Representatives will evaluate responses. The City reserves the right to reject any or all responses and to waive any irregularity or informality in any response to the extent permitted by law. All respondents are responsible for reading the attached specifications, terms and conditions, Performance Standards, General Conditions, and General Provisions, which are considered part of your bid and any contract awarded.

Award
It is the City’s intent to award this contract to a single contractor based on the primary services (as outlined on PlanetBid s).

However, the city retains the ability to utilize alternate contractor/s in the event the awarded contractor is unable to provide services in the time outlined by the city. The award will be made to the lowest, responsive and responsible bidder who, in the City's sole judgement, has the necessary experience, skill, business standing, equipment, staffing, and financial stability to properly maintain the City's bid. The extent to which the respondent proposes to subcontract work will also be a consideration in award.

This RFB does not commit the City to award a contract, to pay any costs incurred in the preparation of the proposal to this request, or to procure or contract for services or supplies. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part or entirely this RFB, if it is in the best interest of the City to do so. The City further reserves the right to waive any technicalities or minor irregularities in bids received. The City may require the selected respondent to participate in negotiations and to submit such price, technical or other revisions of their proposals as may result from negotiations. The City shall be the sole judge in determining award of contract.

Local Business Consideration
According to the Chula Vista Municipal Code, Chapter 2.56.080, letter G, In accordance with Section 1011 of the Charter, in the event two or more bids are received which are for the same total amount or unit price and in all other respects are equal, the contract shall be awarded to a local respondent. In the event, however, that such tie bids are all from vendors either wholly inside or all outside of the city, then the contract shall be awarded by drawing lots in public. In evaluating bids for award, the City of Chula Vista considers the 1% sales tax allocated back to the City from vendors located in Chula Vista.

Firm Prices
Prices shall remain firm for vehicles specifically listed for a minimum of ninety (90) days from the bid opening date.

PUBLIC DISCLOSURE
All proposals submitted in response to this RFQ become the property of the City and public records, and as such may be subjec t to public review. Under the California Public Records Act (California Government Code Section 6250 et seq.) records in the custody of a public entity generally have to be disclosed unless the information being sought falls into one or more of the exemptions to disclosure set out in Government Code Sections 6254 through 6255.

A cover letter should be provided with the Request for Bid containing a paragraph that states whether or not Vendor believes that its proposal does or does not contain information that falls into one of the exemptions of Government Code Sections 6254 through 6255 and whether or not Vendor considers such information to be confidential.

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In the absence of a declaration, the City may be obligated to disclose the proposal to any party that requests it. Regardles s of assertions of confidentiality, proposal contents may still be disclosed if City, or a court with jurisdiction, determines that such proposal is a public record requiring disclosure.

Payment Terms Terms: ________%_________Days
Prompt payment discounts offered for less than fifteen (15) days will not be considered in evaluating bids for award. However, discounts offered of less than fifteen (15) days will be taken if payment is made by the City within the discount period. In the absence of terms, payment shall be Net Thirty (30) Days.

Payment Method
The City’s preferred payment method is J.P. Morgan’s Single-Use Accounts (SUA) virtual card payment program **(see below for SUA benefits), or EFT/ACH. Please confirm whether your company accepts these forms of payment for invoices.

SUA:

Yes

EFT:

Yes No
If SUA is not accepted, the City will make payments through Electronic Funds Transfer (EFT or ACH) and will need the information below:

Bank ABA #________________________ Bank Account #_______________________ Bank Name______________________________
Bank Address________________________________________________________________ Checking or Savings Account ____________________________________________________ ** Benefits of SUA Virtual Card Payment Program
There are many benefits when accepting SUA payment, including:
• accelerated payments that will help reduce days sales outstanding (DSO) • a simplified process that eliminates the cost of processing checks • the ability to reduce administration expenses, account collections and follow-ups • upon your enrollment in our SUA program, we will convert your payment terms to Net 15 days

Enrolling in this initiative can help strengthen our business relationship, and we are strongly committed to achieving 100% participation from our valued suppliers.

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Public Agency Participation
Other public agencies (e.g. city, county, public corporation, political subdivision, school district, or water authority) may want to participate in any award as a result of this bid. The City of Chula Vista shall incur no financial responsi bility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the successful respondent. This option will not be considered in bid evaluation. Please indicate whether this will be granted.

Yes ________ No ________

Business License
A Business License is required as outlined in the Chula Vista Municipal Code Section 5.02.020, which states: It is unlawful for any person, or for any person as agent, clerk or employee, either for himself or for any other person, within the corporate limits of the City, to transact, engage in, or carry on any business, show, exhibition or game hereinafter specified without first having procured a license.

____________________
Signature

____________________
Date

This page must be completed and returned with response.

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PROPOSAL GENERAL PROVISIONS
Please Read Carefully
These Provisions Are a Part of Your Proposal and any Contract Awarded

The bidder agrees that:

A. Bidder has carefully examined the specifications, and all provisions relating to the item(s) to be furnished or the work to be done; understands the meaning, intent, and requirements; and B. Bidder will enter into a written contract and furnish the item(s) or complete the work in the time specified, and in strict conformity with the City of Chula Vista specifications for the prices quoted.

Note: Bidder is defined as any individual, partnership, or corporation submitting a bid, proposal, or quotation in response to a request for bid, request for proposal, or request for quotation. A bidder may also be referred to as consultant, contractor, operator, supplier, or vendor.

Bid is defined as any bid, proposal, or quotation submitted in response to this solicitation.

1. Items Offered
If the item offered has a trade name, brand and/or catalog number, such shall be stated in the bid. If the bidder proposes to furnish an item of a manufacturer or vendor other than that mentioned on the face hereof, bidder must specify maker, brand, quality, catalog number, or other trade designation. Unless such is noted on the bid form, it will be deemed that the item offered is that designated even though the bid may state or equal.

2. Samples
Samples may be required for bid evaluation and testing purposes. Bidders shall agree to provide samples within forty-eight (48) hours upon request and at no additional cost to the City

3. Verify Quotations
Prices shall be verified prior to bid submittal, as withdrawal or correction may not be permitted after the bid has been opened.

4. Firm Prices
Prices on bid shall be firm prices not subject to escalation. In the event the specifications provide for escalation, the maximum limit shall be shown, or the bid shall not be considered. In the event of a decline in market price below a price bid, the City shall receive the benefit of such decline.

5. Modification or Withdrawal of Bids
Bids may be modified or withdrawn by written or facsimile notice received prior to the exact hour and date specified for receipt of bid. A bid may also be withdrawn in person by a bidder, or authorized representative, prior to the exact hour and date set for receipt of bids. Telephone withdrawals are not permitted.

6. Late Bids, Modifications, or Withdrawals
a) Bids, modifications of bids, or bid withdrawals received after the exact time and date specified for receipt will not be considered unless receipt is before the contract is awarded and the City determines that late receipt was due solely to City error.

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b) Modification of a successful bid that makes the terms of the bid more favorable to the City will be considered at any time.

7. Mistake in Bid
a) If the bidder discovers a mistake in bid prior to the hour and date specified for receipt of bid, bidder may correct the mistake by modifying or withdrawing the bid in accordance these provisions.

b) If within seventy-two hours of the bid closing and prior to the issuance of a purchase order or a contract, the bidder discovers a mistake in its bid of a serious and significant nature which is unfavorable to bidder, bidder may request consideration be gi ven to modifying the bid if it remains the lowest bid or to withdrawal of the bid if the result of the correction of the mistake makes another bidder lowest and best bidder. The mistake must be evident and provable. The right is reserved by the City to reject any and all requests for correction of mistakes in bids received after the hour and date of the bid closing. The decision of the Purchasing Agent is final as regards acceptance or rejection of requests for correction of bids.

c) A mistake in bid cannot be considered once a purchase order or contract is issued.

8. Signature
All bids shall be signed, and the title and firm name indicated. A bid by a corporation shall be signed by an authorized officer, employee or agent with his or her title. .

9. Alternative Proposals
To be responsive to the bid, bidder must submit a proposal that meets all specific bid requirements. Once bidder has proposed a product which is responsive to the specification, bidder may include with the bid any additional proposals or alternative products that bidder believes can meet or exceed the City’s requirements and that may offer additional advantages, benefits, or cost savings. The City reserves the right to evaluate, and accept or reject, such alternatives as though they were pa rt of the original specifications without advertising for further bids, when in the best interests of the City. Any awards so made will be based on operational and cost analysis considerations that would result in the optimum economic advantage to the Cit y.

10. Environmentally Preferable Purchasing (EPP)
The City defines Environmentally Preferable Purchasing (EPP) as the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or service that serve the same purpose. With few exceptions, environmentally preferable products shall only be purchased when determined to be cost -effective while considering a true cost during its lifecycle from use, management and disposal. EPP requires attention to numerous environmental considerations, including energy efficiency, postconsumer recycled content, water efficiency, low/zero hazardous substances and responsible manufacturing, to name just a few. Testing and evaluation of environmentally preferable products is one allowable exception and may be requested at any time during the solicitation process.

For more information, please consult the CalRecycle website at: https://www.calrecycle.ca.gov/epp .

11. Quality
Unless otherwise required in the specifications, all goods furnished shall be new and unused.

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12. Litigation Warranty
The bidder, by bidding, warrants that bidder is not currently involved in litigation or arbitration concerning the materials or bidder’s performance concerning the same or similar material or service to be supplied pursuant to this contract of specification, and that no judgments or awards have been made against bidder on the basis of bidder’s performance in supplying or installing the same or similar material or service, unless such fact is disclosed to the City in the bid. Disclosure may not disqualify the bidder. The City reserves the right to evaluate bids on the basis of the facts surrounding such litigation or a rbitration and to require bidder to furnish the City with a surety bond executed by a surety company authorized to do business in the State of California and approved by The City of Chula Vista in a sum equal to one hundred percent (100%) of the contract price conditional on the faithful performance by bidder of the contract in the event the bid is awarded to bidder, notwithstanding the litigation or arbitration.

13. Performance Standards
Performance of work and acceptability of equipment or materials supplied pursuant to any contract or award shall be to the satisfaction of the City.

14. Warranties
a) All material, labor or equipment provided under the contract shall be warranted by bidder and/or manufacturer for at least twelve (12) months after acceptance by City. Greater warranty protection will be accepted. Lesser warranty protection must be indicated by bidder on the bid proposal as an exception

b) Bidder shall be considered primarily responsible to the City for all warranty service, parts and labor applicable to the goods or equipment provided by bidder under this bid or award, irrespective of whether bidder is an agent, broker, fabricator or manufacturer’s dealer. Bidder shall be responsible for ensuring that warranty work is performed at a local agency or fac ility convenient to City and that services, parts and labor are available and provided to meet City’s schedules and deadlines. City may require bidder to post a performance bond after contract award to guarantee performance of these obligations. Bidder may establish a service contract with a local agency satisfactory to City to meet this obligation if bidder does not ordinarily provide warranty service.

15. Addenda
The effect of all addenda to the bid documents shall be considered in the bid and said addenda shall be made part of the bid documents and shall be returned with them. Before submitting a bid, each bidder shall ascertain whether or not any addenda have be en issued, and failure to cover in this bid any such addenda issued may render the bid invalid and result in its rejection.

16. Specifications to Prevail
The detailed requirements of the specifications shall supersede any conflicting reference in these Genera l Provisions that are in conflict therewith.

17. Taxes
The City will furnish Exemption Certificates for Federal Excise Tax. The City is liable for State, City and County Sales Taxes. Do not include this tax in the amount bid. However, tax is to be added by the successful bidder to the net amount invoiced. All or any portion of the City Sales Tax returned to the City will be considered in the evaluation of bids.

18. Conflict of Interest
No City employee or elected or appointed member of City government, or member of the employee’s immediate family, may participate directly or indirectly in the procurement process pertaining to this bid if they:

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a) Have a financial interest or other personal interest that is incompatible with the proper discharge of their official duties in the public interest or would tend to impair their independence, judgment or action in the performance of their official duties.

b) Are negotiating for or have an arrangement concerning prospective employment with bidder. The bidder warrants to the best of his knowledge that the submission of the bid will not create such conflict of interest. In the event such a conflict occurs, the bidder is to report it immediately to the Purchasing Agent.

For breach or violation of this warranty, the City shall have the right to annul this contract without liability at its discretion, and bidder may be subject to damages and/or debarment or suspension.

19. Gratuities
The City may rescind the right of the bidder to proceed under this agreement if it is found that gratuities in the form of entertainment, gifts, or otherwise are offered or given by the bidder, or any agent or representative of the bidder, to any officer or employee of the City with the intent of influencing award of this agreement or securing favorable treatment with respect to performance of this agreement.

20. Faithful Performance Bond
Successful bidder may be required to furnish the City with a surety bond conditioned upon the faithful performance of the contract. This may take the form of a bond executed by a surety company authorized to do business in the State of California and approved by the City of Chula Vista, an endorsed Certificate of Deposit, or a money order or a certified check drawn on a solvent bank. The bond shall be in a sum equal to one hundred percent (100%) of the amount of the contract price. Such bond or deposit shall be forfeited to the City in the event that bidder receiving the contract shall fail or refuse to fulfill the requirements and all terms and conditions of the contract.

21. Insurance
Bidder shall provide proof of liability and property damage insurance prior to performance of duties. Coverage shall be from a company authorized to transact business in the State of California and shall be in an amount not less than $1,000,000 combined single limit (CSL), unless otherwise specified. The City of Chula Vista shall be named as an additional insured and thirty (30) days’ notice of cancellation shall be indicated. Worker’s Compensation coverage for each employee en gaged in work on City premises is required. Bidder is solely responsible for all insurance premium payments.

22. Indemnification
Bidder shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, employees, and agents, fr om and against all claims for damages, liability, and expenses (including attorney’s fees) arising out of this agreement and/or bidder’s performance hereunder, except as to such damages, liability, and expenses due to the sole negligence or willful acts of the City, its officers, employees or agents.

23. Award of Contract
a) Bids will be analyzed, and award will be made to the lowest, responsive and responsible bidder whose bid conforms to the solicitation and whose bid is considered to be most advantageous to the City, price and other factors considered. Factors to be considered may include, but are not limited to: bidder’s past performance, total unit cost, economic cost analysis, life cycle costs, warranty and quality, maintenance cost, durability, the oper ational requirements of the City and any other factors which will result in the optimum economic benefit to the City.

b) The City reserves the right to reject any item or items, to waive informalities, technical defects and minor irregularities in bids received; and to select the bid(s) deemed most advantageous to the City. The City will, however, consider bids submitted on an “all or nothing” basis if the bid is clearly designated as such.

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c) The City reserves the right to award one or more contracts o n the bids submitted, either by award of all items to one bidder or by award of separate items or groups of items to various bidders as the interests of the City may require, unless the bidder clearly specifies otherwise in his bid.

d) For the purpose of eva luating bids for multiple awards, the sum of $100.00 is considered to be the administrative cost to the City for issuing and administering each contract awarded under this solicitation, and individual awards will be made for the items and combinations of i tems which result in the lowest aggregate price to the City, including such administrative cost.

e) Upon acceptance by the City of Chula Vista, the solicitation, bid, proposal, or price quotation and a purchase order issued to the successful bidder shall be deemed to result in a binding contract incorporating those terms and these General Provisions without further action required by either party.

Items are to be furnished as described in the bid and in strict conformity with all instructions, conditions, specifications, and provisions in the complete contract, as defined by this clause 28 or any related integrated agreement.

24. Protests
Protests by unsuccessful bidders to the selection for award shall be submitted in writing to the Purchasing Agent no later than ten (10) calendar days after award recommendation. The unsuccessful bidder shall have the right to appear at the City Council to protest any award to be confirmed by Council. Failure to submit a timely written protest to the Purchasing Agent shall bar consideration of such protest.

25. Documentation
Due to the time constraints that affect contract performance, all required documents, certificates of insurance and bonds shall be provided to the City within ten (10) calendar days following award or date of request by City, whichever is later. Any failure to comply may result in bid being declared non -responsive and rejected, and at City’s option the bid bond may be attached for damages suffered.

26. Seller’s Invoice
Invoices shall be prepared and submitte d in duplicate to address shown on the Purchase Order. Separate invoices are required for each Purchase Order. Invoices shall contain the following information: Purchase Order number, item number, description of supplies or services, sizes, unit of measu re, quantity, unit price and extended totals.

27. Document Ownership
a) All technical documents and records originated or prepared pursuant to this contract, including papers, reports, charts, and computer programs, shall be delivered to and become the exclusive property of the City and may be copyrighted by the City. Bidder assigns all copyrights to City by undertaking this agreement

b) All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this contract shall be the property of the City, and all patents or copyrights s hall be assigned to City, unless otherwise agreed. Bidder agrees that City may make modifications to computer software furnished by bidder without infringing bidder’s copyright or any license granted to City.

28. Advertisements, Product Endorsements
City employees and agencies or organizations funded by the City are prohibited from making endorsements, either implied or direct, of commercial products or services without written approval of the City Manager. No RFP P04-2024 July 28, 2023

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bidder may represent that the City of Chula Vista has endorsed their product or service without the Purchasing Agent’s prior written approval.

29. City Provisions to Prevail
Except as indicated in the specifications, the City’s standard General Provisions shall govern any contract award.

Any standard terms and conditions of bidder submitted by bidder shall not be acceptable to City unless expressly agreed to by the City. The City reserves the right to reject bidder’s bid as non- responsive, to consider the bid without bidder’s standard terms and conditions, or to require bidder to delete reference to such as a condition of evaluation or award of the bid. If, after award of contract, bidder (contract vendor) shall provide materials or services accompanied by new or additional standard terms or conditions, they too shall be considered void and City may require deletion as a further condition of performance by Bidder. To the extent not otherwise provided for by the contract documents, the California Commercial Code shall apply.

30. Invalid Provisions
In the event that any one or more of the provisions of this agreement shall be found to be invalid, illegal or unenforceable, the remaining provisions shall remain in effect and be enforceable.

31. Amendments and Modifications
The Purchasing Agent may at any time, by written order, and without notice to the sureties, make a modification to the contract or an amendment to the Purchase Order, within the general scope of this contract, in (1) quantity of materials or service, whether more or less; (2) drawings, designs, or specifications, where the supplies to be furnished are to be specially manufactured for the City; (3) method of shipment or packing; and (4) place of delivery. If any such change causes an increase or decrease in the cost or the time required for the performance of this contract, an equitable adjustment shall be made by written modification of the contract or amendment to the Purchase Order. Any claim by the bidder for adjustment under this clause must be asserted within 30 calendar days from the notification date.

32. Assignment
Bidder shall not assign or delegate duties or responsibilities under this agreement, in whole or in part, without prior written approval of the City.

33. Disputes
Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Purchasing Agent, who shall reduce this decision to writing and mail a cop y to the bidder. The decision of the Purchasing Agent shall be final and conclusive, unless bidder requests mediation within ten (10) calendar days. Pending final decision of a dispute, the bidder shall proceed diligently with the performance of the contract and in accordance with the Purchasing Agent’s decision.

34. Mediation
Should an unresolved dispute arise out of this agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within thirty (30) days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a Blindfold@ process.

The cost of mediation shall be borne equally by both parties. Neither party shall be deemed the prevailing party.

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attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than sixty (60) days, unless the maximum time is extended by both parties.

35. Lawful Performance
Bidder shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and Statutes as may be related to the performance of duties under this agreement. In additio n, all applicable permits and licenses required shall be obtained by the bidder, at bidder’s sole expense.

36. Business License
Chula Vista Municipal Code Section 5.02.020 requires all firm/entities doing business with the City to obtain a Business License. Section 5.02.20 states: It is unlawful for any person, or for any person as agent, clerk or employee, either for himself or for any other person, within the corporate limits of the City, to transact, engage in, or carry on any business, show, exhibition or game hereinafter specified without first having procured a license.

37. Annual Appropriation of Funds
Multi-year term supply and service contracts and leases are subject to annual appropriation of funds by the City Council. Payments made under term contracts and leases are considered items of current expense. Purchase Orders are funded when issued; therefore, they are current e xpense items and are not subject to any subsequent appropriation of funds.

In the event sufficient funds are not appropriated for the payment of lease payments or anticipated term contract payments required to be paid in the next occurring lease or contract term, and if no funds are legally available from other sources, the lease or contract may be terminated at the end of the original term or renewal term and the City shall not be obligated to make further payments beyond the then current original o r renewal term. The City will provide notice of its inability to continue the lease or contract at such time as the Purchasing Agent is aware of the non -appropriation of funds. However, failure to notify does not renew the term of the lease or contract. The City has no monetary obligation in event of termination or reduction of a term contract since such contracts represent estimated quantities and is not funded as a contract except to the extent of the Purchase Orders issued.

38. Extension
When in the City’s best interest, this agreement may be extended on a daily, month- to-month, or annual basis by mutual agreement of both parties. Services and/or materials received under an extension shall be in accordance with pricing, terms, and conditions, as describ ed herein.

39. Debarment
The Purchasing Agent may recommend to the City Council that the person or business be debarred from consideration for award of contracts. The period of debarment will be contingent upon the severity of cause.

Causes for debarment include:
a) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or other offense indicating a lack of business integrity or business honesty

b) Violation of contract provisions which is regarded by the Purchasing Agent to be so serious as to justify debarment action, including:

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i. Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

ii. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, or

iii. Two or more claims of computational error in bid submission within a two -year period.

c) Debarment by another governmental entity.
d) Any other cause the Purchasing Agent deems to be so serious and compelling as to affect responsibility as a City bidder. A bidder may be permanently debarred for the following causes:

i. Collusion in bidding

ii. Conviction for commission o f a criminal offense as an incident to obtaining or attempting to obtain a contract or subcontract with the City of Chula Vista or in the performance of such contract or subcontract.

iii. Conviction under State or Federal antitrust statutes arising out of the submission of bids or proposals.

40. Venue
This agreement shall be governed by and interpreted according to the laws of the State of California, and venue for any proceeding shall be in the County of San Diego.

(REV February 2021)

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This sample agreement has been provided for the proposer’s review and comment. If a proposer wishes to take exception to any of the terms and conditions contained in the consultant agreement, these should be identified specifically; otherwise, it will be assumed that the proposer is willing to enter into the agreement as it is written. Any exceptions to terms, conditions, or other requirements must be clearly stated. Failure to identify contractual issues of dispute can later be the basis for the City disqualifying a proposer. The City will consider such exceptions as part of the evaluation process, which may constitute grounds for rejection of the proposal.

CITY OF CHULA VISTA

CONSULTANT SERVICES AGREEMENT

WITH CITY OF CHULA VISTA
TO PROVIDE [SERVICES TO BE PROVIDED]

This Agreement is entered into effective as of Enter Date (“Effective Date”) 1 by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and City of Chula Vista , Entity Type (e.g. A California Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:

RECITALS

WHEREAS, Enter Recitals To Describe Basis For Service – See example below 2; and

WHEREAS, Enter Recitals To Describe Consultant Selection Process – See example below 3; and

1 If City Council approved, insert date of City Council approval. Otherwise, insert a date no later than date Consultant’s work commences.

2 For example: “WHEREAS, City requires _____________ [e.g., civil engineering] services in order to ____________________ [e.g., design a new intersection at X and Y streets];” and 3 For example: “WHEREAS, In order to procure these services City solicited proposals in accordance with Chula Vista Municipal Code Section _________________ [2.56.080 for contracts exceeding $100,000; 2.56.090 for contracts of $100,000 or less; RFP P04-2024 July 28, 2023

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Enter Additional Recitals As Needed Or Delete This Line

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.]

2.56.110 for “professional services” e.g., architects, lawyers, engineers, environmental], received __ proposals, and selected Consultant as the most qualified amongst those submitting; and” [OR, if the project was sole-sourced]

“WHEREAS, In order to procure these services Consultant was chosen based on Consultant’s unique qualifications, including ________________; on this basis, Consultant was awarded the contract on a “sole source” basis under the authority of Chula Vista Municipal Code Section ____________ [2.56.070.B.4. for contracts approved by City Council; 2.56.090.B.3. for contracts approved at a staff level].”

[OR, if an alternative procurement process is used]

“WHEREAS, In order to procure these services Consultant was chosen __________________.”

Consult with the City Attorney’s Office if none of these apply

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OBLIGATORY PROVISIONS

NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows:

1. SERVICES

1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”

1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement.

Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction.

1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement.

1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations.

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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 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
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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 Invoi cing. 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.

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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 admitt ed 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.

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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 an y 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 Agreemen t. 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:

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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 ma ximum 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 an d 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 RFP P04-2024 July 28, 2023

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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 t he 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.

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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, inco rporated 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 emp loyee 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.

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 m ay 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, RFP P04-2024 July 28, 2023

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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 amo unt 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.

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 RFP P04-2024 July 28, 2023

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by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing.

7. OWNERSHIP AND USE OF WORK PRODUCT

All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

8. GENERAL PROVISIONS

8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.

8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion.

8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations RFP P04-2024 July 28, 2023

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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 sha ll 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 RFP P04-2024 July 28, 2023

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or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner.

8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing.

8.10 Electronic Signatures . Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.

(End of page. Next page is signature page.)
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SIGNATURE PAGE

CONSULTANT SERVICES AGREEMENT

IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely ente ring into this Agreement as of the Effective Date.

CITY OF CHULA VISTA CITY OF CHULA VISTA

BY:________________________________ BY: ________________________________ Enter Name Of Signatory Choose a signatory.

Enter Title Of Signatory Choose the signatory’s title.

ATTEST
4 BY: _______________________________
Kerry K. Bigelow, MMC
City Clerk

APPROVED AS TO FORM
BY: _______________________________
Jill D.S.Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney

4 Attestation signature only required if the Mayor signs the Agreement. If Mayor is not signing agreement, delete entire attestation signature block.

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EXHIBIT A

SCOPE OF WORK AND PAYMENT TERMS

INSTRUCTIONS: ENTER INFORMATION AS REQUESTED. FOR SECTIONS THAT PROVIDE OPTIONS, SELECT THE CORRECT OPTION. IF YOU WISH TO ATTACH ADDITIONAL

INFORMATION RELATED TO EXHIBIT A, PLEASE ATTACH AND LABEL AS EXHIBIT A, ATTACHMENT (1,2, ETC.) DELETE OPTIONS NOT SELECTED AND ALL INSTRUCTIONS..

1. Contact People for Contract Administration and Legal Notice

A. City Contract Administration:

Enter City Staff Person Name
Enter Mailing Address
Enter Phone Number
Enter Email Address

For Legal Notice Copy to:

City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
[email protected]

B. Consultant Contract Administration:

CITY OF CHULA VISTA
Enter Mailing Address
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Enter Phone Number
Enter Email Address

For Legal Notice Copy to:

Enter Consultant Staff Person Name
Enter Mailing Address
Enter Phone Number
Enter Email Address

2. Required Services

A. General Description:

Enter Summary Of Work To Be Performed (e.g. Consultant XYZ Will Provide Customer Service Trainings To City Staff)

B. Detailed Description:

Enter Detailed Information About Each Task To Be Performed, Including Task Description, Associated Deliverables, And Completion Date. May Be Written As Nar rative Or Table, As Illustrated Below.

Delete Table If Not Used.

Task Description Deliverables Completion Date
1 Example: Conduct trainings for
City staff
Provide copy of training
materials, sign-in sheet and
list of agreed-upon next
steps

2 Enter Additional Lines For Tasks
As Needed; Delete Excess Lines

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4 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin Enter Date and end on Enter Date for completion of all Required Services.

4. Compensation: SELECT ONE OF THE FOLLOWING OPTIONS THEN DELETE ANY

OPTION THAT IS NOT APPLICABLE, AS WELL AS THESE INSTRUCTIONS

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 $Enter Contract Amount, upon completion of all Required Services to City’s satisfaction.

☐ Fixed Fee Paid in Increments. For the completion of each Deliverable of the Required Services, as identified in section 2.B., above, City shall pay the fixed fee associated with each Deliverable, in the amounts set forth below:

Task No. Deliverable Amount

☐ 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:

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Enter Applicable Hourly Rates

B. Reimbursement of Costs

☐ None, the compensation includes all costs

☐ Invoiced or agreed-upon amounts as follows:

Enter or Attach And Reference Any Agreed-Upon Cost Reimbursements

Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through Enter End of Contract Date shall not exceed Enter Amount.

5. Special Provisions: CHECK ANY THAT APPLY OR SELECT “NONE,” AND DELETE ALL INSTRUCTIONS.

☐ 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 terms, defined as a one -year increment or Enter a Specific Date. if applicable. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to Insert Percentage of Increase or Actual Dollar Amount for each extension.

The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document.

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☐ Other: Describe Special Provisions (Delete Line If Not Applicable)

☐ None

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EXHIBIT B

INSURANCE REQUIREMENTS

Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).

Type of Insurance Minimum Amount Form
☐ General Liability:

Including products and
completed operations,
personal and advertising
injury
$2,000,000 per occurrence for bodi ly
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: ENTER ANY ADDITIONAL TERMS OR “NONE”

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EXHIBIT C

CONSULTANT CONFLICT OF INTEREST DESIGNATION

The Political Reform Act5 and the Chula Vista Conflict of Interest Code6 (“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.7

☐ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED 8 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:

APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE

SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of- interest-code.)

Name Email Address Applicable Designation
Enter Name of Each
Individual Who Will Be
Providing Service Under
the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for
each individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or
more of the categories under which the
consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6.
☐ 7.

Justification:

☐ C. Excluded from Disclosure

1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.

5 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 6 Chula Vista Municipal Code §§2.02.010-2.02.040.
7 Cal. Gov. Code §§53234, et seq.
8 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4 th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company).

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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 r egulations 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: Enter City Staff Person’s Nam

Chula Vista City CouncilJanuary 9, 2024

Chula Vista City Council
January 9, 2024