Annotated agenda — Chula Vista City Council, July 14, 2026 (part 2 of 6)

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Given that the Infrastructure CFDs debt service schedules are set at the time of bond issuance, and Maintenance CFDs are already included in the annual budget process, staff is recommending this item pursuant to the California Government Code, which provides City Council the option to authorize a City Official, in this case the Director of Finance, to file the lists of taxable parcels with the County Auditor - Controller for fiscal year 2026-27, and subsequent fiscal years. The rates of the special taxes that will be levied on taxable parcels within each CFD will not exceed the rates of the special taxes that are authorized to be levied within each CFD by the applicable ordinance for each respective CFD. This modification will remove the current duplication of efforts within the budgeting process.

Maximum & Collectible Special Tax Rates
The Cit y makes the distinction between the maximum special tax rate and the amount that the City may collect against the special tax rate (i.e., the collectible rate). Each year, the maximum special taxes are calculated via the product of the prior fiscal year’s maximum special tax rates and an inflation factor as defined in each CFD’s special tax formula.

The collectible, on the other hand, is the amount actually levied on each taxable parcel and is equal to, or less than, the maximum special tax rate. The collectible rate is based on the budget, the reserve requirement, fund balances, interest income, and prior years’ savings.

The City will continue to calculate maximum special tax rates and collectible special tax rates and only levy the collectible amount.

DECISION-MAKER CONFLICT
Staff have reviewed the property holdings of the City Council and ha ve found that conflicts exist in that members have real property holdings within 500 feet of the boundaries of the Community Facilities Districts listed below, sorted by City Council member. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(a)(7), this item presents a disqualifying real property -related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the member identified below:

Mayor McCann: For CFD 06-I and CFD 07-M, which are the subject of Resolution B of this action.

Council Member Inzunza: For CFD 97-1, CFD 97-2, and CFD 99-1 which are the subject of Resolution C of this action.

Staff are not independently aware and have not been informed by any City Council member of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.

CURRENT-YEAR FISCAL IMPACT
Infrastructure CFDs
The fiscal year 2026-27 scheduled debt service and administration expenses for Infrastructure CFDs totals $11,385,551.75. Projected special tax revenues will be sufficient to cover these amounts with no impact to the General Fund and are appropriated in the fiscal year 2026-27 budget.

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Maintenance CFDs

The full cost of providing maintenance services and funding reserves in the Maintenance CFDs totals $21,847,144.04 for fiscal year 2026-27. This entire amount is recovered through the CFDs' special tax levies and reserves, resulting in no net impact to the General Fund, and are appropriated in the fiscal year 2026-27 budget.

ONGOING FISCAL IMPACT
The ongoing costs of funding the scheduled debt service payments and providing maintenance services will be offset through the CFDs' special tax levies and reserves of each CFD. With staff continuing to carefully monitor expenses, adjust budgets annually as needed and sustaining sufficient reserves, the CFDs will continue to be able to repay bondholders and fun d the required maintenance within the City’s public facilities.

ATTACHMENTS

1. CFDs within the City of Chula Vista

Staff Contact: Patricia Macias, Fiscal Debt Management Analyst Adrian Del Rio, Director of Finance/Treasurer

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City of Chula Vista - City Council

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CHULA VISTA LEVYING SPECIAL TAXES TO BE

COLLECTED TO PAY THE COSTS OF FACILITIES AND
SERVICES FOR COMMUNITY FACILITIES DISTRICTS 97 -3,
98-3, 99-2, 2000-1, 2001-1, 2001-2, 2024-1, 2024-2, 07-I, 08-I, 08- M, 09-M, 11-M, 12-I, 12-M, 13-I, 13-M, 14-M, 14-M2, 16-I, 16M, 18-M, AND 19-M WITHIN THE CITY OF CHULA VISTA AND

DESIGNATING THE DIRECTOR OF FINANCE TO FILE A

LIST OF TAXES TO BE LEVIED ON EACH PARCEL WITH

THE COUNTY AUDITOR EACH YEAR

WHEREAS, the following Community Facilities Districts (“CFD”) were previously established within the City of Chula Vista (“City”) in accordance with the Mello -Roos Community Facilities Act of 1982: 97-3, 98-3, 99-2, 2000-1, 2001-1, 2001-2, 2024-1, 2024- 2, 07-I, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I, 13-M, 14-M, 14-M2, 16-I, 16M, 18-M, and 19-M; and

WHEREAS, it is necessary that the City Council of the City of Chula Vista (the “City Council”) levy special taxes pursuant to Section 53340 of the California Government Code (“Section 53340”) for the CFDs within the City listed on Exhibit A attached hereto; and

WHEREAS, pursuant to Section 53340(b), the City Council may by resolution provide for the levy of special taxes in the current and future tax years on parcels of taxable property within each of the CFDs at the same rate or at a lower rate provided by the applicable ordinance levying special taxes within each CFD if such resolution is adopted and a certified list of all parcels subject to the special taxes being levied is filed wi th the San Diego County Auditor and Controller (the “County Auditor”) on or before the 10th day of August of each tax year, or later with prior consent of the County Auditor; and

WHEREAS, Section 53340 permits the City Council to authorize a City official to file the certified list with the County Auditor, and the City Council desires to authorize the City’s Director of Finance to do so for the 2026-27 tax year, and all subsequent tax years; and

WHEREAS, the rates of the special taxes that will be levied on taxable parcels within each CFD will not exceed the rates of the special taxes that are authorized to be levied within each District by the applicable ordinance for each respective CFD.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, acting as the legislative body of Community Facilities Districts 97 -3, 98 -3, 99 -2, 2000-1, 2001-1, 2001-2, 2024-1, 2024-2, 07-I, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I, 13-M, 14-M, 14-M2, 16-I, 16M, 18-M, and 19-M, that:

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Resolution No. 2026-
Page No. 2

SECTION 1. The above recitals are all true and correct.

SECTION 2. Special taxes shall be and are hereby auth orized to be levied for the 2026-27 tax year and in all future tax years on all taxable parcels of real property within each of the CFDs listed in Exhibit A and shall not exceed the rates of the special taxes that are authorized to be levied within each CFD, as provided by the ordinance levying special taxes within such CFD. Pursuant to Section 53340 such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes.

SECTION 3. The Director of Finance of the City is designated to file a certified list of all parcels within each C FD subject to the special taxes, including the amount of the special tax to be levied on each parcel for the applicable tax year, with the County Auditor on or before the 10th day of August of each tax year, or later with the prior consent of the County Auditor, together with a request that the special taxes be collected on the tax bills for such parcels along with the ordinary ad valorem property taxes to be levied on and collected from the owners of such parcels.

SECTION 4. City staff and the City’s special tax consultants are hereby authorized and directed to take all such necessary and further actions to carry out the directives and requirements of this Resolution.

SECTION 5. This Resolution shall become effective upon its adoption.

Presented by Approved as to form by

Adrian Del Rio Marco A. Verdugo
Director of Finance/Treasurer City Attorney

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EXHIBIT A

LIST OF COMMUNITY FACILITIES

DISTRICTS

Community Facilities District No.

District/Area Name
97-3 Otay Ranch McMillin Acquisition
98-3 Sunbow II (OSD #35)
99-2 Otay Ranch Village 1 West
2000-1 Sunbow II Villages 5 - 10
2001-1 (Area A) San Miguel Ranch
2001-1 (Area B) San Miguel Ranch
2001-2 McMillin Otay Ranch Village 6
2024-1 Citrus Bay
2024-2 Moss Street
07-I Otay Ranch Village 11
08-I Otay Ranch Village 6
08-M (Area 1) McMillin Otay Ranch Village 6
08-M (Area 2) Otay Ranch Co Village 6
09-M Otay Ranch Village 11 - Brookfield Shea
11-M Rolling Hills Ranch Neighborhoods 9 - 12
12-I McMillin Otay Ranch Village 7
12-MA (Area 1) McMillin Otay Ranch Village 7
12-MB (Area 2) Otay Ranch Village 7
13-I Otay Ranch Village 7 & Village 2
13-M Otay Ranch Village 2
14-M Otay Ranch A - Eastern Urban Center Millenia
14-M Otay Ranch B - Eastern Urban Center Millenia
Parks
14-M2 Otay Ranch – Eastern Urban Center Millenia
16-I (Area 1) Millenia
16-I (Area 2) Millenia
16M El Dorado Ridge
18-M Otay Ranch Village 3
19-M Freeway Commercial 2

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City of Chula Vista - City Council

July 14, 2026 Post City Council Agenda
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CHULA VISTA LEVYING SPECIAL TAXES TO BE

COLLECTED TO PAY THE COSTS OF FACILITIES AND
SERVICES FOR COMMUNITY FACILITIES DISTRICTS 06 -I
AND 07 -M WITHIN THE CITY OF CHULA VISTA AND

DESIGNATING THE DIRECTOR OF FINA NCE TO FILE A

LIST OF TAXES TO BE LEVIED ON EACH PARCEL WITH

THE COUNTY AUDITOR EACH YEAR

WHEREAS, Community Facilities Districts (“CFD”) 06-I and 07-M were previously established within the City of Chula Vista (“City”) in accordance with the Mello -Roos Community Facilities Act of 1982; and

WHEREAS, pursuant to Section 53340(b), the City Council may by resolution provide for the levy of special taxes in the current and future tax years on parcels of taxable property within each of the CFDs at the same rate or at a lower rate provided by the applicable ordinance levying special taxes within each CFD if such resolution is adopted and a certified list of all parcels subject to the special taxes being levied is filed with the San Diego County Auditor and Controller (the “County Auditor”) on or before the 10th day of August of each tax year, or later with prior consent of the County Auditor; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, acting as the legislative body of CFDs 06-I and 07-M, that:

SECTION 1. The above recitals are all true and correct.

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Resolution No. 2026-
Page No. 2

within such CFD. Pursuant to Section 53340 such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes.

SECTION 3. The Director of Finance of the City is designated to file a certified list of all parcels within each CFD subject to the special taxes, including the amount of the special tax to be levied on each parcel for the applicable tax year, with the County Auditor on or before the 10th day of August of each tax year, or later with the prior consent of the County Auditor, together with a request that the special taxes be collected on the ta x bills for such parcels along with the ordinary ad valorem property taxes to be levied on and collected from the owners of such parcels.

SECTION 5. This Resolution shall become effective upon its adoption.

Presented by Approved as to form by

Adrian Del Rio Marco A. Verdugo
Director of Finance/Treasurer City Attorney

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EXHIBIT A

LIST OF COMMUNITY FACILITIES DISTRICTS

Community Facilities District No.

District/Area Name
06-I (Area A) Eastlake – Woods, Vistas
06-I (Area B) Eastlake – Land Swap
07-M (Area 1) Eastlake – Woods, Vistas
07-M (Area 2) Land Swap Parcel

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City of Chula Vista - City Council

July 14, 2026 Post City Council Agenda
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CHULA VISTA LEVYING SPECIAL TAXES TO BE

COLLECTED TO PAY THE COSTS OF FACILITIES AND
SERVICES FOR COMMUNITY FACILITIES DISTRICTS 97-1,
97-2, AND 99-1 WITHIN THE CITY OF CHULA VISTA AND

DESIGNATING THE DIRECTOR OF FINANCE TO FILE A

LIST OF TAXES TO BE LEVIED ON EACH PARCEL WITH

THE COUNTY AUDITOR EACH YEAR

WHEREAS, Community Facilities Districts ( “CFD”) 97-1, 97-2, and 99-1 were previously established within the City of Chula Vista (“City”) in accordance with the Mello- Roos Community Facilities Act of 1982; and

WHEREAS, pursuant to Section 53340(b), the City Council may by resolution provide for the levy of special taxes in the current and future tax years on parcels of taxable property within each of the CFDs at the same rate or at a lower rate provided by the applicable ordinance levying special taxes within each CFD if such resolution is adopted and a certified list of all parcels subject to the special taxes being levied is filed with the San Diego County Auditor and Controller (the “County Auditor”) on or bef ore the 10th day of August of each tax year, or later with prior consent of the County Auditor; and

WHEREAS, Section 53340 permits the City Council to authorize a City official to file the certified list with the County Auditor, and the City Council desir es to authorize the City’s Director of Finance to do so for the 2026-27 tax year, and all subsequent tax years; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, acting as the legislative body of CFDs 97-1, 97-2, and 99-1, that:

SECTION 1. The above recitals are all true and correct.

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Resolution No. 2026-
Page No. 2

SECTION 3. The Director of Finance of the City is designated to file a certified list of all parcels within each CFD subject to the special taxes, including the amount of the special tax to be levied on each parcel for the applicable tax year, with the County Auditor on or before the 10th day of Au gust of each tax year, or later with the prior consent of the County Auditor, together with a request that the special taxes be collected on the tax bills for such parcels along with the ordinary ad valorem property taxes to be levied on and collected from the owners of such parcels.

SECTION 5. This Resolution shall become effective upon its adoption.

Presented by Approved as to form by

Adrian Del Rio Marco A. Verdugo
Director of Finance/Treasurer City Attorney

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EXHIBIT A

LIST OF COMMUNITY FACILITIES DISTRICTS

Community Facilities District No.

District/Area Name
97-1 Otay Ranch (Area A)
97-1 Otay Ranch (Area B)
97-2 Otay Ranch Preserve
99-1 A&B Otay Ranch SPA I

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Attachment 1 – Community Facilities District within the City of Chula Vista

CFD Location Purpose 97-1 Otay Ranch SPA 1, Villages 1 and 5 Open Space maintenance 97-2 Otay Ranch Preserve Open Space maintenance
97-3 Otay Ranch McMillin, SPA 1 Bond Issu e for acquisition of public facilities 98-1 Otay Ranch Villages 1W, 2, 2W, 6, 7, 12 Interim Open Space maintenance 98-2 Otay Ranch McMillin SPA 2, Villages 6, 7 Interim Open Space maintenance 98-3 Sunbow II Open Space maintenance
99-1 Otay Ranch SPA 1, Villages 1, 5, 1W Bond Issue for acquisition of public facil ities 99-2 Otay Ranch SPA 1, Village 1W Open Space maintenance 2000-1 Sunbow II, Villages 5-10 Bond Issu e for acquisition of public facilities 2001-1 San Miguel Ranch, Areas A and B Bond Issue for acquisition of public facil ities 2001-2 McMillin Otay Ranch, Village 6 Bond Issue for acquisition of public facil ities 2024-1 Citrus Bay Bond Issue for acquisition of public facil ities 2024-2 Moss Street Bond Issue for acquisition of public facil ities 06-I Eastlake Woods, Vistas and Land Swap Bond Issue for acquisition of public facil ities 07-I Otay Ranch Village 11 Bond Issue for acquisition of public facil ities 07-M Eastlake Woods, Vistas and Land Swap (Areas 1, 2) Maintenance District 08-I Otay Ranch Village 6 Bond Issue for acquisition of public facil ities 08-M McMillin & Otay Ranch Village 6 (Areas 1, 2) Maintenance District 09-M Otay Ranch Village 11 Maintenance District
11-M Rolling Hills Ranch Maintenance District
12-I McMillin Otay Ranch Village 7 Bond Issue for acquisition of public facilities 12-M McMillin & Otay Ranch Village 7 Maintenance District 13-I Otay Ranch Village 7 Bond Issue for acquisition of public facil ities 13-M Otay Ranch Village 2 Maintenance District
14-M Otay Ranch (Eastern Urban Center/Millenia) Maintenance District 14-M2 Eastern Urban Center/Millenia Maintenance District 16-I Millenia (Areas 1, 2) Bond Issue for acquisition of public facil ities 16M El Dorado Ridge Open Space maintenance
17-I Western Chula Vista DIF Financing Program
18-M Otay Ranch Village 3 Maintenance District
19-M Freeway Commercial 2(Planning Area 12) Maintenance District

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July 14, 2026

ITEM TITLE
Program Participation: Authorize Submittal of an Oil Payment Program Application to CalRecycle as the Regional Lead Participant for the South Bay/East County Used Oil Program Report Number: 26-0207.

Location: No specific geographic location
Department: Public Works
G.C. § 84308 Regulations Apply: No
Environmental Notice : The project qualifies for a Categorical Exemption pursuant to State California Environmental Quality Act Guidelines Section 1530 8 (Actions by Regulatory Agencies for Protection of the Environment).

Recommended Action
Adopt a resolution approving the submittal of a regional Oil Payment Program application to CalRecycle as the regional lead participant for the South Bay/East County Used Oil Program.

SUMMARY
Staff is requesting authorization to submit an Oil Payment Program application on behalf of the City of Chula Vista as the lead agency for the participating jurisdictions of Coronado, El Cajon, Imperial Beach, La Mesa, Lemon Grove, National City, and Santee, to act as lead agency in a program to educate the public regarding the proper disposal of used oil and oil filters.

ENVIRONMENTAL REVIEW
The proposed activity has been rev iewed for compliance with the California Environmental Quality Act (CEQA), and it has been determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for Protection of the Environment), which consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment, such as providing alternatives to the illegal disposal of used motor oil (and other lubricating oils). The exceptions listed in State CEQA Guidelines Section 15300.2 would not apply in that no cumulative impacts were identifie d, no significant effects on the environment

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were identified, the project is not adjacent to a scenic highway, no historical resources would be affected by the action, and the project was not identified on a list of hazardous waste sites pursuant to Sectio n 65962.5 of the Government Code. Thus, no further environmental review is required.

BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.

DISCUSSION
The California Oil Recycling Enhancement Act ( the “Act”), which is administered by the California Natural Resources Agency – Department of Resources Recycling and Recovery ( “CalRecycle”), is a law designed to discourage the illegal disposal of used lubricating oils. One of the most significant changes to the Act replaced the traditional Used Oil Grant Program with the Oil Payment Program. With the new Oil Payment Program, funds will be received in advance of the expenditures and must be spent on programming activities within 18 months of receipt.

The Act provides funds to cities and counties for establ ishing and maintaining a local used oil recycling program. The primary purpose of the funds is to provide alternatives to illegal disposal of used motor oil (and other lubricating oils) through a network of collection opportunities and outreach efforts des igned to inform and motivate the public to recycle used oil and oil filters as well as use re-refined oil in their vehicles and equipment.

Staff have successfully administered a used oil program for the cities of Chula Vista, Imperial Beach, and National City since 1993. The City of Chula Vista became the lead agency for the South Bay/East County Used Oil Program, which includes the cities of Coronado, El Cajon, La Mesa, Lemon Grove, and Santee (in addition to the cities of Imperial Beach and National City) when the Oil Payment Program was established in 2010.

With Oil Payment Program funds, staff educates the public regarding the proper disposal of used oil and oil filters via printed materials and other mediums such as television and radio and offer residents convenient services such as curbside pick -up of used oil and oil filters. Staff also purchase functional items associated with oil changes, such as drain pans, shop towels, and filter wrenches and hold special events like oil filter exchanges during which the public can exchange used oil filters for new filters at no charge. Funding from this program is provided yearly prior to the start of the fiscal year which necessitates the need to establish a non-general fund budget account to manage program funds.

In 2021, the Chula Vista Council approved Resolution No. 2021-0140 authorizing the submittal of a regional Oil Payment Program application on behalf of the City of Chula Vista as the lead agency for the participating jurisdictions of Coronado, El Cajon, Imperial Beach, La Mesa, Lemon Grove, National City, and Santee. The resolution was effective for five (5) years from the date of adoption on July 27, 2021. This authorization expires on July 27, 2026.

Staff is requesting a new authorization to submit the regional Oil Payment Program applications on behalf of the City of Chula Vista as the lead agency for the previously mentioned cities. Staff is further requesting authorization for the City Manager, on behalf of the City of Chula Vista, all documents a nd amendments necessary to secure funding under the Oil Payment Program. This authorization will be effective for five (5) years from the date of its adoption. Grant funds will be tracked in a non-general fund account.

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Staff is not independently aware and has not been informed by any city Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.

CURRENT-YEAR FISCAL IMPACT
There is no current-year fiscal impact associated with this resolution. The action requests authorization to submit the grant applications and associated documents. Staff will return to Council for the appropriation of funding, if and when the grant is awarded.

ONGOING FISCAL IMPACT
There will be no ongoing fiscal impact associated with this resolution . Staff will return to Council for the appropriation of funding, if and when the grant is awarded. Any awarded grant funds will be a ppropriated in a non-general fund account for use as part of the Oil Payment Program expenditures.

ATTACHMENTS

1. CalRecycle OPP (program) guidelines

Staff Contact: Manuel Medrano, Environmental Services Manager Angelica Aguilar, Director of Public Works

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Form Rev 9/30/2025
RESOLUTION NO. __________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CHULA VISTA AUTHORIZING SUBMITTAL OF A

REGIONAL APPLICATION ON BEHALF OF ITSELF AS LEAD

PARTICIPANT AND ALL NON-LEAD PARTICIPANTS FO R

THE CALRECYCLE USED OIL PAYMENT PROGRAM

WHEREAS, pursuant to Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), the Department of Resources Recycling and Recovery (“CalRecycle”) has established various payment programs to make payments to qualifying jurisdictions; and

WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and

WHEREAS, because the payment programs allow regional participation, the City of Chula Vista application will include the cities of Coronado, El Cajon, Imperial Beach, National City, La Mesa, Lemon Grove, and Santee as Non-Lead participants; and

WHEREAS, CalRecycle’s procedures for administering payment programs require, among other things, a Regional Applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment programs.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it authorizes City of Chula Vista staff to submit applications to the Regional Payment Program on behalf of itself as Regional Lead Participant and all Non-Lead Participants.

BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that this resolution:

A. Authorizes the City Manager, as Signature Authority, to execute all documents necessary to implement and secure payment program funds.

B. Authorizes this Resolution to be effective for five (5) years from the date of its adoption.

Presented by Approved as to form by

Angelica Aguilar Marco A. Verdugo
Director of Public Works City Attorney

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Guidelines
Used Oil Payment Program, OPP16 (FY 2025–26) 1

May 2025
Department of Resources Recycling and Recovery
Used Oil Payment Program Guidelines
Cycle 16 (OPP16) Fiscal Year 2025–26

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Guidelines
Used Oil Payment Program, OPP16 (FY 2025–26) 2
Table of Contents
Overview and Statutory Authority ................................................................................ 4 Timeline and Cycle Activity .......................................................................................... 4 Eligible Applicants ........................................................................................................ 5 Individual Application ................................................................................................... 6 Regional Application .................................................................................................... 6 Joint Powers Authority Application Requirements ........................................................ 6 Available Funds ........................................................................................................... 6 Public Records Requests ............................................................................................. 6 Confidentiality .............................................................................................................. 7 Application Instructions................................................................................................ 8 Application Access ....................................................................................................... 8 LoGOPP Tabs - Application Contents and Instructions ............................................... 8 Program Requirements Tab ..................................................................................... 8 Contacts Tab ............................................................................................................ 8 Address Tab ............................................................................................................. 9 Participating Jurisdictions Tab .................................................................................. 9 Documents Tab ........................................................................................................ 9 Application Submittal and Deadline ........................................................................... 10 Application Documents............................................................................................... 11 CalRecycle Documents .............................................................................................. 11 Application Certification .......................................................................................... 11 Applicant’s Required Authorization Documents ......................................................... 11 Individual Application Authorization Documents ..................................................... 12 Regional Application Authorization Documents ...................................................... 12 Joint Powers Authority Agreement ......................................................................... 13 Letter of Designation .............................................................................................. 13 Electronic and Original Signatures ............................................................................. 14 Review and Award Process ........................................................................................ 15 Application Review Process ....................................................................................... 15 Payment Award Process ............................................................................................ 15 Payment Award Conditions ........................................................................................ 15 Notice of Award .......................................................................................................... 15 Application Revisions ................................................................................................. 15 Disqualification of Application .................................................................................... 15 Term and Payments .................................................................................................... 16 Eligible Costs ............................................................................................................. 16 Expenditures .............................................................................................................. 16 Expenditures Requiring Approval ............................................................................... 17 Pre-Approved Expenditures ....................................................................................... 17 Stormwater Mitigation ................................................................................................ 19 Ineligible Costs ........................................................................................................... 19 Publicity, Education, and Outreach ............................................................................ 21 Acknowledgement ...................................................................................................... 21 Graphics ..................................................................................................................... 22 Certified Collection Center (CCC) Site Visit Requirements ........................................ 22 Annual Reporting ....................................................................................................... 22 Expenditure Reporting ............................................................................................... 23 Expenditure Reporting Resources .......................................................................... 23

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Guidelines
Used Oil Payment Program, OPP16 (FY 2025–26) 3
Unspent Funds ........................................................................................................... 23 Audit, Accounting, and Records Retention................................................................. 23 Real and Personal Property Acquired with OPP Funds ............................................. 24 Discretionary Termination .......................................................................................... 25 Termination for Cause................................................................................................ 25 Indemnity ................................................................................................................... 25 Compliance ................................................................................................................ 25

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Guidelines
Used Oil Payment Program, OPP16 (FY 2025–26) 4
Submittal of a Used Oil Payment Program (OPP) Application constitutes acceptance of these Guidelines as the controlling requirements for receiving, spending, and accounting for OPP funds and for annual reporting. The application and these Guidelines shall constitute the OPP Agreement.

Overview and Statutory Authority
The Department of Resources Recycling and Recovery (CalRecycle) offers the Used Oil Payment Program pursuant to Section 48600 of the Public Resources Code.

The California Public Resources Code (PRC) section 48600 et seq. describes the California Oil Recycling Enhancement Act (Act), which, among other things, provides up to $11 million annually in payments to local governments for implementation of local used oil and filter collection programs. The Department of Resources Recycling and Recovery (CalRecycle) is responsible for administering the OPP. These Guidelines describe the application and administrative processes to implement the OPP Cycle 16.

Payment Recipients (recipients) are responsible and accountable for ensuring that expenditures are appropriate, and that proper internal supporting documentation is maintained. To ensure full compliance with OPP’s processes and requirements, OPP applicants/recipients must adhere to these Guidelines and the program provisions set out in the Act, notably PRC sections 48674, 48690, and 48691.

Note: The anticipated amount for FY 2025–26 is $6,000,000. The amount available is subject to change, based on the availability of oil funds.

This resource document provides applicants with instructions to access and complete the application online and information about the administration of the Used Oil Payment Program. The web-based application is in CalRecycle’s Local Government Oil Payment Program (LoGOPP) (https://secure.calrecycle.ca.gov/LoGOPP). The applicant will need to sign in to LoGOPP to complete and submit an application.

Note: The following terms used in this document are defined below, unless the context clearly indicates otherwise:
• “Applicant” refers to either the legal name of the entity that is legally responsible for program administration and any entity that will receive and control program funded equipment, if awarded, or to a person who is completing an application on behalf of the Applicant (this is usually the primary contact listed on the application, but could also be the secondary contact, signature authority, or consultant).
• “You” refers to a person who is completing the application on behalf of the Applicant.
• “Recipient” refers to an applicant after approval of payment award.

Timeline and Cycle Activity
June 30, 2025: Application Due Date
• Applicants must submit applications in LoGOPP by 11:59 p.m. on this date. • Customer service will be available until 4:00 p.m. on this date.

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July 28, 2025: Secondary Due Date
• Approved Resolution and any other applicable Applicant’s Required Authorization Documents must be uploaded in LoGOPP by this date if they were not submitted with the application.

December 2025 (tentative): Payments Awarded

Spring 2026 (tentative): Payments Distributed
• Unless an early payment is requested by the applicant and subsequently approved by CalRecycle.

July 1, 2025–June 30, 2027: Cycle Term

August 15, 2026 and August 15, 2027: Annual Report Due Dates • Due August 15 of each year during performance period. If the due date falls on a Saturday or Sunday, the online report must be submitted by the following Monday.

August 30, 2027: OPP16 Unspent Funds Due

Eligible Applicants
Applicants are limited to local governments, which are defined in statute as "any chartered or general law city, chartered or general law county, or any city and county." CalRecycle may make a payment to another entity that will implement the program on behalf of a local government (in lieu of making a payment to that local government) with the agreement of that local government.

Applicants that comply with PRC sections 48690 and 48691 are eligible to apply for and, if approved, receive payment through the OPP. Applicants must have a used oil collection program which provides either of the following or a combination of the two:
• Ensures there is at least one certified used oil collection center (CCC) for every 100,000 residents not served by curbside collection.
• Provides used oil curbside collection at least once a month.

In addition to meeting at least one of the requirements above, applicants must have a public education component that informs the public of locally available used oil recycling opportunities.

California Labor Code section 1782 prohibits a charter city from receiving state funding or financial assistance for construction projects if that charter city does not comply with Labor Code sections 1770-1782. If any applicants or participating entities are charter cities or Joint Powers Authorities that include charter cities, the lead participating entity must certify that Labor Code section 1782 does not prohibit any included charter city from receiving state funds for the project described in this application. If it is determined after award that an applicant or a participating entity is a charter city prohibited from receiving state funds for their project, the award will be terminated, and any disbursed OPP funds shall be returned to CalRecycle.

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Individual Application
An Individual Application is one in which a single eligible entity will be responsible for the payment program implementation. The applicant in an Individual Application will be responsible for the performance of the payment program and all related documentation.

In addition, the applicant will be the only entity receiving any real or personal property that is purchased with these funds.

Regional Application
Local governments may join together in a Regional Application in which two or more eligible jurisdictions join together for the purpose of program implementation. A Regional Lead Participant must be designated to act on behalf of all Non-Lead Participants. An entity that is not a local government, such as a district, can be delegated as a Lead but is not eligible to join as a participant. The Lead Participant is the applicant, and if awarded, will be responsible for the performance of the payment program and all required documentation. CalRecycle will direct all official correspondence and payments to the Lead Participant. If a jurisdiction is a Non-Lead Participant in a Regional Application, it may not apply individually.

Joint Powers Authority Application Requirements
Joint Powers Authorities (JPA) must submit an application as an individual applicant and identify all JPA members as Non-Lead Participants in the application’s Applicant/Participating Jurisdiction Tab. A member of the JPA may not submit an individual application if that entity is also a member of a JPA that has applied. In addition to the requirements for an Individual Application, a JPA must upload a copy of its JPA Agreement.

The JPA Agreement must:

1. Give authority over used oil management.

2. List all member entities.

3. Contain the signature of all members.

Available Funds
• $6,000,000 is available for this cycle, fiscal year 2025–26, subject to funding availability.
• Payments are calculated per capita using the Department of Finance’s population statistics.
• Small jurisdictions will be provided a minimum award of $5,000 for cities and $10,000 for counties.

Public Records Requests
CalRecycle’s policy is to make records requested by the public promptly available in accordance with the laws governing disclosure of records and information to the public.

In general, all records in the possession of a state agency are public records subject to disclosure, unless a law provides that a particular kind of record or information is not a public record or is exempt or prohibited from disclosure.

Upon request, the entire contents of the submitted application are subject to public records requests. This may include contact information, annual reports, and uploaded

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documents. Public records may be requested from CalRecycle through the California Public Records Act Requests web page
(https://www2.calrecycle.ca.gov/Forms/ContactUs/PublicRecordsRequest/).

Confidentiality
The following describes the treatment of certain confidential or proprietary information under the California Public Records Act (Government Code 7920.000 et seq.) and related regulations. It also describes how questions are resolved on whether information is truly confidential, the legal protections for confidential information, and internal and program procedures to maintain confidentiality.

Confidential or Proprietary Information
Title 14 of the California Code of Regulations (14 CCR), sections 17041–17046 (https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), states that confidential or proprietary information shall include, but is not limited to:
• Personal or business-related financial data, customer client lists, supplier lists and other information of a proprietary or confidential business nature provided by persons in applications, reports, returns, certifications or other documents submitted to [CalRecycle] which if released would result in harmful effects on the person’s competitive position.
• Tax information prohibited from disclosure, pursuant to the Revenue and Taxation Code.

Accordingly, appropriate documents submitted with an application that are clearly marked, on each page, “confidential or proprietary information” will be treated by CalRecycle pursuant to the procedures set forth in 14 CCR sections 17041–17046.

However, the law does not treat documents marked as “confidential or proprietary information” (such as sales brochures, promotional literature and other general non- financial documents) as confidential if they do not fall within the categories of protected financial documents listed above.

What if there is a question about what is confidential? If CalRecycle receives a request to disclose data claimed by the applicant to be confidential, CalRecycle would notify the applicant of the request and state that the documents were under review to determine whether information was correctly identified as “confidential.” If there was any question as to whether specific information was confidential, CalRecycle would contact the person(s) identified in the application to provide a justification and statement why the information is confidential. The process for evaluating confidentiality claims is set forth in section 14 CCR 17046.

What procedures does CalRecycle have in place to ensure that confidential information is kept confidential?
Confidential or proprietary information will be evaluated and analyzed only by CalRecycle staff, kept confidential, and will be maintained with restricted access.

Records no longer needed to provide the services offered under the payment program are periodically destroyed, when allowed by audit policies and state law.

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Application Instructions
Application Access
The application is available in CalRecycle’s web-based Local Government Oil Payment Program (LoGOPP). Access to LoGOPP is secure; therefore, you must have a CalRecycle WebPass to log in to the system. Those who have not previously obtained a CalRecycle WebPass can create an account at the CalRecycle WebPass page (https://secure.calrecycle.ca.gov/WebPass/). After activating your account, you can request access to LoGOPP by emailing [email protected].

To start an application:

1. Log in to LoGOPP (https://secure.calrecycle.ca.gov/LoGOPP).

2. Select Applications on the left.
• OPP cycles are displayed in a table.

3. Click the Add Application button on the top right.

4. The application then opens to the Program Requirements tab.

LoGOPP Tabs - Application Contents and Instructions
The components of the application are divided into tabs. To fill out an application, click on each tab and complete the sections in each tab as required. General directions are on the top of each tab, and detailed information about the requirements for each tab is listed below.

The applicant is responsible for submitting a complete application. This includes signing documents, uploading required documents, and submitting the application by the due date(s). Failure to do so will result in disqualification from the Used Oil Payment Program.

Examples of disqualifications may include:
• Applicant does not meet the eligibility requirements. • Applicant fails to use required CalRecycle documents or forms. • Applicant uploads incomplete or blank documents to the Documents tab. • Signature Authority fails to sign Application Certification or any document that requires a signature.
• The online application is incomplete or missing information.

Program Requirements Tab
This tab provides a summary of the application, due dates, program requirement questions, payment options, resource documents and links, and the submit application button (once the minimum requirements are complete). It is the applicant’s responsibility to submit all required documents, based on the particular application, by the appropriate due date.

Contacts Tab
CalRecycle requires the application to have only one Primary Contact and at least one Signature Authority. Contact’s will automatically populate based on your previous year’s application, when applicable. You must verify that the contacts are up-to-date; otherwise, you can add, edit, or delete contacts before you submit your application.

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• Primary Contact. One person who the Signature Authority or their designee has authorized to manage and oversee the program. This person will be the first contact with whom the Program Advisor will communicate. • Secondary Contact. A person authorized (by the Primary Contact or Signature Authority or their designee) as the alternate person with whom the Program Advisor will communicate. (Not required.)
• Signature Authority. The person(s) authorized to sign CalRecycle documents, such as applications, annual reports, etc., as authorized by a board/council- adopted Resolution or Letter of Designation (if applicable). • Consultant. A professional who provides advice in an area of expertise. If CalRecycle awards a payment to the applicant, the consultants may manage the program or only conduct specific activities, based on a written agreement between the applicant and the consultant outlining work to be performed. (Not required.)

Address Tab
All applicants are required to enter a physical address and a payment address. There is also an option to add a mailing address. Click the Add Address button, then enter the information in the required fields. Enter the street number and address in the Address Line 1 field, and if applicable, the suite number in the Address Line 2 field. If a single address has more than one address type, you may select the appropriate address types and enter the address only once. If an applicant has multiple addresses with different address types, create a new address for each type.

Participating Jurisdictions Tab
Only regional applicants or individual Joint Power Authorities (JPA) applicants are required to use this tab. Individual applicants that are not JPAs will not use this tab.

Only local governments are eligible as participating jurisdictions in a regional application. Select the name of each eligible participating jurisdiction, or each JPA member participating in the application, and move them to the left.

Documents Tab
When uploading a document, enter a document title, select the appropriate document type from the drop-down list. Click the Choose File button to locate the document you wish to upload. Once you have finished, click the Save button. See the Authorizing Documents section below.

After all the required application documents are uploaded, return to the Program Requirements tab and print the Application Certification. The applicant must obtain a certified e-Signature or wet ink signature from the authorized Signature Authority (identified in your Resolution or Letter of Designation), scan the signed document, upload it to LoGOPP, and retain the original hard copy document for potential CalRecycle audits.

An important OPP16 application approval requirement includes completion of the following:

1. Submit a completed annual report in LoGOPP for OPP14 and/or OPP15 by their due dates (see the Timeline and Cycle Activity section of the OPP14 and OPP15 Guidelines for the due dates).

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2. Return any unspent funds from the closed Cycle 14 to CalRecycle by August 29, 2025 (see Unspent Funds section of the OPP14 Guidelines).

3. Have no outstanding debt(s) owed to CalRecycle.

If you have any questions regarding the application contents and instructions, you may call (916) 341-6809 or send an email to [email protected]. Technical assistance will be available until 4:00 p.m. on the application due date; however, there is no guarantee CalRecycle will be able to provide support if there is an influx of inquiries.

Application Submittal and Deadline
The “Submit Application” button located in the Program Requirements tab will be enabled after the Application Certification has been uploaded.

Click the Submit Application button and the application status will change to Submitted. You can only submit the application once; however, you may upload the following documents until the secondary due date, July 28, 2025: Resolutions, Letters of Designation, Letters of Authorization, and JPA Agreements.

You must submit your application no later than 11:59 p.m. on June 30, 2025. Customer service will be available until 4:00 p.m. on the application due date either by emailing [email protected] or calling (916) 341-6809; however, there is no guarantee CalRecycle will be able to provide support if there is an influx of inquiries.

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Application Documents
Below is a list of all documents required for a complete application. Instructions on how to obtain all documents are described below.

1. Application Certification

2. Letter of Authorization (if applicable)

3. Letter of Designation (optional)

4. Joint Powers Authority Agreement (if applicable)

5. Resolution

CalRecycle Documents
Altered or reproduced CalRecycle documents or templates may result in automatic disqualification of your application. Unless a document specifies that it may be reproduced as necessary, do not alter CalRecycle documents.

Note: Do not include special characters in file names. Doing so may result in automatic disqualification of your application.

Application Certification
The Application Certification is a required application document that must be generated from LoGOPP.

After you have completed each tab of the application you will generate the Application Certification.

1. C lick the Print Application Certification button in the Program Requirements tab.

Note: You will not be able to click Print Application Certification until each tab of the application is completed.

2. The Signature Authority must sign the Application Certification using a certified e- signature or original wet signature.

3. U pload the signed Application Certification to the Documents tab.

Applicant’s Required Authorization Documents
Below is a list of required authorizing documents by application type that the applicant is responsible for preparing and uploading to their application.

Authorizing documents are documents which are written by the applicant. The documents give the applicant permission to apply, accept payment awards, and/or name the person authorized to sign program documents on the applicant’s behalf. Below are the requirements for each type of authorizing document. Read each one carefully to determine which document(s) fits your application and applicant type.

Note: For Resolution, Letter of Authorization, and Letter of Designation templates refer to the Resolution and Letter Examples
(https://www.calrecycle.ca.gov/Funding/SampleDocs) web page. CalRecycle staff are available to answer questions about these documents or to review your draft

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authorization documents to ensure they meet the requirements of the program. You may email your draft authorization documents to [email protected].

Individual Application Authorization Documents
If subject to a governing body and board approval is required to legally bind the applicant, the applicant must submit a Resolution no later than the secondary due date or CalRecycle will deem the application incomplete and disqualify the applicant.

The Resolution must:

1. Authorize submittal of an application for a specifically named CalRecycle Payment Program or for all CalRecycle Payment Programs.

2. Identify the job titles of the Signature Authorities authorized to sign all payment program-related documents necessary to secure funds and implement the approved project(s). The Resolution may also include language authorizing the Signature Authorities to delegate authority to additional job titles. a. Applicants can only submit a Letter of Designation if the corresponding Resolution includes designee language.

3. Identify the time period during which the authorizations are valid, which may be “until rescinded”. The minimum duration is the payment program term. If the Resolution expires during the application period or the payment program term, CalRecycle will require a new valid Resolution.

4. Be certified by the governing body.

Note: The Signature Authority must sign a Letter of Designation prior to the designee’s exercise of their authority.

Regional Application Authorization Documents
Regional Lead Participant
Applicant must submit a Resolution no later than the secondary due date or CalRecycle will deem the application incomplete and disqualify the applicant.

The Resolution must:

1. Authorize submittal of a Regional application on behalf of itself as Lead Participant and all Non-Lead Participants for all CalRecycle Payment Programs or for a specifically named CalRecycle Payment Program.

2. Include a provision allowing a Signature Authority to determine and submit a list of Non-Lead Participants in accordance with CalRecycle’s requirements.

3. Identify the job titles of the Signature Authorities authorized to sign all payment program-related documents necessary to secure funds and implement the approved project(s). The Resolution may also include language authorizing the Signature Authorities to delegate authority to additional job titles. a. Applicants can only submit a Letter of Designation if the corresponding Resolution includes designee language.

4. Identify the time period during which the authorizations are valid, which may be “until rescinded”. The minimum duration is the payment program term. If the Resolution expires during the application period or the payment program term, CalRecycle will require a new valid Resolution.

5. Be certified by the governing body.

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Regional Non-Lead Participant
Applicant must submit a Letter of Authorization or a Resolution no later than the secondary due date or CalRecycle will remove the Non-Lead Participant(s) from the application.

The Letter of Authorization must:

1. Be on the Non-Lead Participant’s letterhead.

2. Authorize the Lead Participant to submit a Regional Payment Program application and act as Lead Participant on behalf of the Non-Lead Participant.

3. Authorize the Lead Participant to execute all documents necessary to implement the Payment Program.

4. Specify the Payment Program Name.

5. Specify a period of validity that does not exceed five years from the date of adoption.

6. Be signed and dated by an individual authorized to contractually bind the Non- Lead Participant.

The Resolution must:

1. Authorize the Lead Participant to submit a Regional Payment Program application and act as Lead Participant on behalf of the Non-Lead Participant.

2. Specify the Payment Program Name.

3. Authorize the Lead Participant to execute all documents necessary to implement the Program.

4. Specify a period of validity that does not exceed five years from the date of adoption.

5. Be certified by the governing body.

Joint Powers Authority Agreement
Joint Powers Authorities (JPA) must upload a copy of their JPA Agreements giving them authority to conduct the payment program, listing all member entities, and containing the signature of all members. CalRecycle does not require Letters of Authorization for JPA applicants. A JPA applicant must still upload a Resolution as a part of their application and list all JPA members in the Participating Jurisdictions tab of their application.

Letter of Designation
CalRecycle requires a Letter of Designation (LOD) only when the Signature Authority identified in the approved Resolution chooses to delegate their signature authority to another person. The applicant must upload the LOD prior to the designee’s exercise of their authority. If the designee signs an application document in place of the Signature Authority, the applicant must upload the LOD with their application.

The LOD must:

1. Be on Applicant’s letterhead.

2. Reference the Authorizing Resolution by number (or by date adopted if not numbered).

3. Include the job title of the designee and the scope of the designee’s authority.

4. Include the time period during which the designee may exercise the authority.

5. Be signed and dated by the Signature Authority.

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The designee’s authority may not extend beyond the effective date of the approved Resolution. For example, if the Resolution is effective until December 31, 2027, then the Letter of Designation may not be effective beyond December 31, 2027.

Electronic and Original Signatures
CalRecycle requires certified e-Signature or original wet signature on documents or forms that certify legally binding information.

Note: E-signatures must include the first and last name of the Signature Authority, be in the Adobe Digital ID format (or through another certified digital signature program) and cannot be completed using the “Fill and Sign” function within Adobe. Any document using the “Fill and Sign” function is considered incomplete and may be sent back to the applicant.

Once the document(s) have been signed by the Signature Authority, upload the digitally signed document, or scan the wet signature and save it to LoGOPP. Retain the original document for potential CalRecycle audits. See Audit, Accounting, and Records Retention section of this document for more information.

If you have questions, email [email protected].

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Review and Award Process
Application Review Process
After the close of the application period, CalRecycle staff will review the applications for completeness and eligibility. Only complete applications will be considered for award.

Payment Award Process
For qualifying applications, CalRecycle staff will develop funding recommendations for the consideration and approval of CalRecycle’s Director, or their designee; CalRecycle tentatively schedules this for December 2025.

CalRecycle reserves the right to not award any funds under one or more cycles.

Payment Award Conditions
When awarded, this payment will be subject to three conditions:

1. The recommended recipient must pay all outstanding debts due to CalRecycle, or bring current outstanding payments owed to CalRecycle, within 60 days of the award email date.

2. The recommended recipient must have returned any unspent OPP funds from all closed cycles to CalRecycle by August 29, 2025.

3. The recommended recipient must have submitted a completed Annual Report in LoGOPP for their OPP Cycles by August 15, 2025. (This does not apply to new program applicants.)

Failure to comply with these conditions will void the payment program award.

Notice of Award
Upon approval of annual reports and applications, recipients will be notified by email that an OPP award has been awarded and that they are authorized to incur costs and expend funds in furtherance of their programs. Expenditures incurred prior to the award notice, but after the cycle term start date, are subject to the OPP16 Guidelines, and are incurred at the recipient’s own risk. A listing of the award amounts for all recipients will be posted on the Used Oil Payment Program (OPP) webpage (https://calrecycle.ca.gov/usedoil/lgpayments/).

Application Revisions
Once approved, the recipient/regional lead is contractually bound to carry out the used oil program in accordance with the OPP Guidelines. The recipient and/or any regional participant that submitted a Letter of Authorization cannot withdraw or amend their application.

Disqualification of Application
CalRecycle will notify an applicant and provide the reason(s) for disqualification of an application. In such cases, potential applicants are encouraged to contact and work with CalRecycle to ensure that its jurisdiction meets the necessary requirements prior to the next application cycle.

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Term and Payments
The term of the OPP cycle is 24 months (refer to the Timeline and Cycle Activity section for the cycle term dates) and funds must be expended or returned to CalRecycle as described in the Unspent Funds section.

Payments must be placed into an interest-bearing account. Tracking and reporting of interest earned (if any) on the payment is not required. All interest accrued and received from the OPP funds shall be used only for eligible expenses related to the performance of this Agreement.

As part of the application process, an applicant may request receipt of its annual payment early (around January 2026) or in Spring (around April 2026). For CalRecycle to approve the early payment request, all funds from any previous OPP cycles must be spent. Otherwise, the standard spring payment will be issued.

Eligible Costs
All expenditures must be for the purposes of establishing and maintaining a used oil program as set forth in PRC sections 48690–48691
(https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PRC&sec tionNum=48691).

Eligible costs must be incurred and accrued (if applicable) during the cycle term.

Expenditures
Used oil and used oil filter collection and recycling activities, educational activities, and mitigation of used oil in stormwater runoff are statutory components of local used oil collection programs (PRC section 48691). Accordingly, these activities should be the focus of OPP expenditures.

All expenditures are to be reported in LoGOPP for the Annual Report. Eligible expenditures must include invoice details under the Expenditure tab for each cycle.

Expenditures must be paid for before submitting the Annual Report. Jurisdictions are not required to upload the invoices or proof of payment, unless requested by the program advisor.

Expenditures included in the Annual Report for an ending cycle may not be cancelled after the Annual Report is submitted. Cancelation of an ending cycle expenditure after submitting the Annual Report may impact the jurisdiction’s ability to receive future awards.

The recipient must expend all of the available funds from the oldest OPP cycle prior to spending any funds from the most recent OPP cycle. It is acceptable to split an invoice across two separate OPP cycles in order to “zero out” all funds in the oldest OPP cycle before using funds from a more recent OPP cycle. Expenditures that are split need to be clearly identified and retained in both cycle files to facilitate review and retention (refer to the Audits, Accounting, and Records Retention section).

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Expenditures Requiring Approval
Expenditures associated with the tasks or products listed below must be pre-approved by the CalRecycle Program Advisor using the “Expenditure Requests” option in LoGOPP prior to incurring the expense; otherwise, CalRecycle may deny the expense.

The review and approval process of an expenditure request is processed through LoGOPP only. The submitted material should be the final version. Allow at least five working days for a review and ten working days for reviewing bilingual education and outreach materials.

Expenditures that require pre-approval include, but are not limited to:
• Functional items that contain any messages.
• Functional items if the total cost exceeds $25 per person, an individual item that exceeds $12, or an oil filter that exceeds $15. All cost values are before sale tax. • All television, video, radio scripts, social media, and electric/printed material for public display.
• Development, purchase, or distribution of useful educational/promotional materials informing the public about used oil and used oil filter collection and recycling.
o Examples include, but are not limited to, newspaper advertisements, brochures, flyers, utility inserts, booklet, and promotional stickers/labels. • School presentations (submit script and presentation purpose to the Program Advisor for review).
• Surveys (excluding simple surveys that are conducted at oil filter exchange events/used oil outreach booths).
• Purchase of equipment over $500 (excluding sale tax). • Any construction activity (includes improvements to facility/building(s)/site(s) directly related to used oil).
• Used oil stormwater mitigation activities pursuant to PRC section 48691 (refer to the Stormwater Mitigation section).
• Any item that is not included on the pre-approved list below.

Pre-Approved Expenditures
The following do not require an Expenditure Request for approval:
• Maintenance of a used oil and filter program.
• Curbside used oil and used filter hauling/disposal costs. • Booth rentals for used oil events. Anything less than 100 percent of used oil related activity requires an Expenditure Request.
• Development, purchase and/or distribution of the following used oil program materials that have a functional purpose associated with an environmental benefit: marine absorbent bilge pads, oil funnels, oil drain containers, oil change rags, new oil filters for exchanges, Ziploc-type filter bags, cardboard creepers, filter wrenches/removers, dirty filter recycling containers, maps of collection centers, and tide charts.
o If distributing these items in oil change kits, each kit cannot exceed $25 (excluding sales tax) and each item, whether it is included in the kit or distributed separately, cannot exceed $12 (excluding sales tax).

Reminder: Any messages on these functional items require an Expenditure Request.

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• Used oil filter exchange activities for a free replacement oil filter of equal value (shelf price).
o Filters must not exceed $15 (excluding sales tax) and the limit is two filters per household. Vouchers/coupons may be given out for managing and tracking exchanges but must be redeemed on the same date of the event.

The oil filter cost is not counted towards the $25 maximum allowed for oil change kits.
• Tablet electronic devices with a maximum price of $500 (excluding sales tax) and limit of one tablet (exceptions may be approved on a case-by-case basis), used primarily for the purposes of used oil/filter public education or outreach. • Certified Unified Program Agency (CUPA) or other agency inspection fees directly related to establishing and maintaining an effective oil and oil filter collection and recycling program.
• Personal protective equipment (PPE) for used oil/filter collection activities. o Refer to the Occupational Safety and Health Administration (https://www.osha.gov/personal-protective-equipment) for the definition of PPE.
• All lab fees related to testing oil samples for contamination in used oil tanks. • Test kits and other equipment related to monitoring contaminants in oil tanks. • Hazardous Waste Operations and Emergency Response (HAZWOPER) 8-hour refresher course approved up to 10 percent of awarded amount. o If the total cost exceeds the 10 percent threshold, the jurisdiction will need to submit an expenditure request.
• Purchase, rental, and installation costs of portable storage containers or sheds solely for protection of oil related equipment, activities, and/or supplies. • Personnel costs directly related to OPP activities.
o Personnel time should be calculated based on documented actual time spent on OPP-related activities, should be based on the actual salary or hourly wage paid with benefits, and shall not include vacation or sick leave time. Refer to the Personnel Expenditure Summary, CalRecycle 165 form located on the CalRecycle Grant Forms webpage.
o Fringe Benefits should be reimbursed according to the terms and policies of the entity’s fringe benefit plan.
• Indirect/overhead costs up to 10 percent of the OPP eligible expenditures. • Registration and related travel expenses to attend Household Hazardous Information Exchange (HHWIE) for up to two attendees.
o Exceptions may be approved on a case-by-case basis.
• Travel costs within the state-approved rates for mileage, per diem, lodging, etc. o Use the most cost-effective method of transportation. o A compact and intermediate sedan car rental.
o Refer to the Memorandum
(https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx) for travel policies.
o Reimbursement rates are subject to change at any time by the State without prior notification. Note: This limitation applies to recipients and consultants/contractors who administer and/or implement a program.

Any eligible costs not listed above require submission of an “Expenditure Request” in LoGOPP for review and approval before spending funds.

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Stormwater Mitigation
Since the passage of stormwater related legislation in January 2002, some stormwater mitigation expenditures are considered eligible expenses through the OPP. To be considered eligible, each jurisdiction must certify that it has a stormwater mitigation program that was approved by its local Regional Water Quality Control Board.

Stormwater mitigation is defined in PRC section 48618.4 to include “…the prevention of stormwater pollution from used oil and oil byproducts and the reduction or alleviation of the effect of stormwater pollution from used oil and oil byproducts by means of action taken on public property.”

Mitigation includes the installation of devices and implementation of practices that prevent used oil and oil byproducts from causing stormwater pollution. Mitigation does not include the cleanup or restoration of polluted areas.

The following types of storm drain filters (inserts/debris screens) are eligible:
• A catch basin inlet insert that contains oil absorbent media plus a debris screen that covers the opening to the storm drain inlet. (The debris screen prevents debris and sediment from entering the storm drain and obstructing the oil absorbent media.)
• A vertical drop-in parking lot inlet insert that contains oil absorbent media (must be covered by a grate or debris screen).

Note: Periodic clean-out of catch basin inlet inserts to replace their oil-absorbent media are eligible for OPP funding. However, street sweeping and clean-out of catch basin inlets without inserts are not eligible for OPP funding.

The Expenditure Request process is required for any used oil stormwater mitigation, including at marinas and agricultural activities.

Ineligible Costs
Any expenditure that does not directly support used oil or used oil filter collection, recycling or educational activities, or mitigation of used oil in stormwater, or expenses not directly related to the recipient’s (or consultant's/contractor's) administration of the OPP are ineligible for funding.

Ineligible costs include, but are not limited to:
• Costs incurred or accrued before July 1, 2025, or after June 30, 2027. • Development, purchase, or distribution of strictly promotional give-away items Stuff We All Get (SWAG).
o Examples include, but are not limited to, key chains, letter openers, squeegee toys, coffee mugs, water bottles, Frisbees, hats, t-shirts, chip clips, pens, pencils, beanie babies, screwdrivers, coloring books, small recycling containers for pencils, magnets, dried sponges, flash drives, reusable bags, etc.
• Use education and outreach materials to promote an individual. • Development or customization of school curricula.
o Exceptions may be approved on a case-by-case basis.

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Guidelines
Used Oil Payment Program, OPP16 (FY 2025–26) 20
• Equipment or services not directly related to used oil activities. • Costs of non-PPE wears/uniforms, cost of dry cleaning, and the use of PPE is not directly related to the collection of used oil and used oil filters. • Purchase or lease of land or buildings.
• Costs currently covered by or incurred under any other loan, grant, or contract. • Remediation activities (any cleanup or restoration of polluted areas). • Purchase of cell phones, data plans and/or mobile service plans/hotspots. • Costs related to applications or software for computers/mobile devices. • Costs related to website host and web page domain.
• HAZWOPER 40-hour and 24-hour courses.
• Enforcement activities.
• Preparation of Household Hazardous Waste (HHW) elements. • Construction and development of any HHW facility that does not have a used oil or used oil filter collection component.
• Construction and development of any HHW permanent facility on non-local government-owned property.
• Any costs for construction projects by charter cities prohibited by Labor Code section 1782.
• Transportation and disposal of non-oil HHW from any facility or event. • Maintenance of equipment, materials, or supplies at HHW facilities or ABOP (antifreeze, battery, oil, and paint) facilities not directly related to the collection of used oil and used oil filters.
• Fines or penalties due to violation of federal, state, or local laws, ordinances, or regulations, including CUPA fines or penalties.
• Personnel costs not directly related to used oil activities. • Food or beverages (e.g., as part of meetings, workshops, or events). • Out-of-state travel.
• Travel costs exceeding the state-approved rates for mileage, per diem, lodging, etc. Examples include, but are not limited to:
o Use of a transportation method that is not the most cost-effective; o Rental of a vehicle larger than a compact or intermediate-class sedan. o Refer to the Memorandum
(https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx) for travel policies.
o Reimbursement rates are subject to change at any time by the State of California without prior notification. Note: This limitation applies to recipients and consultants/contractors who administer and/or implement a program.
• Sponsorship or licensing fees for events/programs.
• Audit expenses.
• Re-refined oil expenses.
• Non-CalRecycle Used Oil/HHW sponsored conferences, symposiums, meetings, etc.
• Any costs not consistent with local, state, or federal laws, guidelines, and regulations.
• Costs deemed unreasonable or not related to the program by the Program Advisor.

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Guidelines
Used Oil Payment Program, OPP16 (FY 2025–26) 21
Publicity, Education, and Outreach
Used oil publicity, education, and outreach material must directly relate to the collection and recycling of used oil and/or used oil filters, proper oil disposal practices, and/or the mitigation of used oil in stormwater activities and must be approved through the Expenditure Request process in LoGOPP. The submitted material should be the final version.

The materials must be functional, as discussed in Eligible Costs, encourage behavioral change, or provide an educational opportunity for the public. • To be eligible for 100 percent funding, the publicity, education, and outreach materials must be exclusively devoted to used oil or used oil filter collection and recycling, and/or the mitigation of used oil in stormwater activities. • To be eligible for 75 percent funding, the materials must have at least 75 percent of the text and/or images related to used oil or used oil filter collection and recycling and/or mitigation of used oil in stormwater activities. The balance of materials may be related to other programs or materials. • To be eligible for 50 percent funding, the materials must have at least 50 percent of the text or images related to used oil or used oil filter collection and recycling and/or mitigation of used oil in stormwater activities. The balance of materials may be related to other programs or materials.
• To be eligible for 25 percent funding, the materials must have at least 25 percent of the text or images related to used oil or used oil filter collection and recycling and/or mitigation of used oil in stormwater activities. The balance of materials may be related to other programs or materials.

Materials containing less than 25 percent coverage of used oil/used oil filter collection and recycling, and/or mitigation of used oil in stormwater activities will not be eligible for OPP funding.

Acknowledgement
Recipients are required to acknowledge CalRecycle’s support when activities or projects funded, in whole or in part, are publicized in any news media, social media, webpages, brochures, articles, seminars, or other types of promotional material. Public education and outreach materials must provide:
• The acknowledgement of CalRecycle’s support must incorporate the CalRecycle logo. The text “Funded by” or “Funded in part by” may be used in conjunction with the CalRecycle logo, where appropriate. Initials or abbreviations for CalRecycle shall not be used. Use the color logo on any material produced in four or more colors.
• The “Used Oil Drop” logo with the words “Recycle Used Oil” or “Recycle Used Oil and Used Oil Filters” as appropriate.
o Use the state colors (blue oil drop on yellow background) for logos on any material produced in four or more colors. (The color designation for professional printing is Yale Blue-Pantone 286C; Golden Yellow-Pantone 123C.)
o The logo is also available in Spanish and Chinese.
• Information on used oil and used oil filter collection and recycling/disposal. • A list of used oil collection centers within the targeted community or a local telephone number or website to obtain further information on local collection

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Guidelines
Used Oil Payment Program, OPP16 (FY 2025–26) 22
centers. (Use the 1-800-CLEANUP number or Earth911 (https://earth911.com) website if your jurisdiction does not maintain its own 24-hour hotline.)

Any use of CalRecycle’s logos should respect the original logo proportions and colors so as not to compromise image quality.

The Program Advisor may approve a deviation from the prescribed language on a case- by-case basis.

Graphics
Graphics are available on our Used Oil Graphics webpage (https://www.calrecycle.ca.gov/UsedOil/Graphics/#Bumper)

For large equipment, a CalRecycle bumper sticker
(http://www.calrecycle.ca.gov/UsedOil/Graphics/#Bumper) “Funded by CalRecycle” is available and is required to be affixed to all large pieces of equipment purchased with OPP funds.

You can also contact your Program Advisor for CalRecycle and oil program related logos and graphics.

Certified Collection Center (CCC) Site Visit Requirements For recipients who administer their used oil program in coordination with a CCC, it is a program requirement that a site visit be made annually to a minimum of one CCC site per 100,000 residents being served by the used oil program. When a site visit is conducted, the jurisdiction must complete a Certified Center Site Visit Checklist (https://www2.calrecycle.ca.gov/Docs/Web/111438) form (CalRecycle 664). You can also visit the Generate Site Visit Checklists
(https://www2.calrecycle.ca.gov/UsedOil/Forms/SiteVisit/) webpage to generate the form before making site visits. The completed form is to be retained in the cycle file and jurisdictions will report the total number of site visits made by the jurisdiction in the online Annual Report.

Annual Reporting
Annual reporting is a statutory requirement for ongoing eligibility for all OPP recipients.

All reported expenditures and eligible costs must be paid for before the submittal of the Annual Report. Recipients must meet CalRecycle’s online reporting requirements. The annual reports for this cycle must be submitted by August 15 of each year during performance period. When a due date falls on a Saturday or Sunday, the online report must be submitted by the following Monday. Failure to meet this reporting due date may result in the denial of future funding. An email will be sent to all recipients when the Annual Report is available for reporting input, completion, and submittal.

Upon completion of the online annual report, the report certification page must be approved and signed by the Signature Authority. The signed annual report certification page is to be uploaded to LoGOPP by the recipient and the original signed hard copy is to be retained in the recipient’s cycle file. If the recipient is unable to upload the signed annual report certification page, they should scan and email or fax it to their Program

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Used Oil Payment Program, OPP16 (FY 2025–26) 23
Advisor for uploading before the due date. Program Advisors will review and approve the submitted reports.

Expenditure Reporting
All eligible expenditures must be reported in the Annual Report through the LoGOPP system. The recipient is required to include information for each invoice under the Expenditures tab for each cycle. If you have multiple expenditures for a vendor with the “same category and type,” you may combine the entry totals for the multiple invoices as one expenditure entry.

Expenditure Reporting Resources
• OPP Expenditure Category Definitions
(https://www2.calrecycle.ca.gov/Docs/Web/117348)
• Bulk Entries Instructions (https://www2.calrecycle.ca.gov/Docs/Web/117351)

These resources may also be found on the LoGOPP
(https://secure.calrecycle.ca.gov/LoGOPP) homepage under the Help Documents section.

Unspent Funds
Funds that are unspent at the end of the OPP16 term must be returned by check to CalRecycle by August 30, 2027. Checks should be made payable to the Department of Resources Recycling and Recovery. Checks must contain the OPP number (i.e., OPP16-26-xxxx), specify “OPP Unspent Funds,” and be mailed to:

CalRecycle, Accounting
OPP Unspent Funds
PO Box 4025
Sacramento, CA 95812-4025

Unspent funds due to CalRecycle but left unpaid may result in ineligibility for future OPP funding. If there are questions or other issues related to expenditures, work with your Program Advisor to resolve these issues.

Audit, Accounting, and Records Retention
Recipients are responsible and accountable for ensuring that expenditures are appropriate, and that proper internal supporting documentation is maintained to provide clear separate tracking of OPP funds and related transactions for fiscal program management and audit purposes. To ensure full compliance with OPP’s processes and requirements, OPP applicants/recipients must adhere to these Guidelines and the program provisions set out in the Act, notably PRC sections 48674, 48690, and 48691.

Recipients must account for all OPP funds in a manner that provides for clear tracking of expenditures in accordance with generally accepted accounting principles. Proper business procedures dictate that OPP supporting documentation (including, but not limited to, the original signed application certification and annual report summary pages, invoices, payroll registers/logs, travel expense claim forms, proof of pre-approval, etc.) be retained in a single file to facilitate review and retention, as well as maintenance of a clear paper/audit trail. Recipients must follow their jurisdiction’s purchasing and/or

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Used Oil Payment Program, OPP16 (FY 2025–26) 24
contracting policies/requirements and ensure the proper and exclusive use of items purchased with OPP funds.

OPP funds are subject to audit. CalRecycle, the Department of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the use of OPP funds and shall have the right to interview staff relevant to the audit. Recipient shall include this provision in all contracts and subcontracts funded in whole or in part from OPP funds.

Examples of documentation subject to audit include, but are not limited to, expenditure ledgers, payroll register entries, time sheets, travel logs, paid warrants, contracts and change orders, samples/pictures of items and materials developed with OPP funds, invoices, receipts, proof of pre-approval, and canceled checks. All such records shall be maintained for possible audit for a minimum of three years after the OPP term end date, or until completion of any action and resolution of all issues, which may arise as a result of any litigation, dispute, or audit, whichever is later.

Audit findings against recipients can result in the need for reimbursement of OPP funds, and/or ineligibility for future OPP funds.

Real and Personal Property Acquired with OPP Funds
(a) All real and personal property, including equipment and supplies, acquired with OPP funds shall be used by the recipient only for the purposes for which CalRecycle approved their acquisition for so long as such property is needed for such purposes, regardless of whether the recipient continues to receive OPP funds from CalRecycle for such purposes. In no event shall the length of time during which such property, including equipment and supplies, acquired with OPP funds and used for the purpose for which CalRecycle approved its acquisition, be less than five (5) years after the end of the performance period, during which time the acquired property, including equipment and supplies, must remain in the State of California.

(b) Subject to the obligations and conditions set forth in this section, title to all real and personal property acquired with OPP funds, including all equipment and supplies, shall vest upon acquisition in the recipient. The recipient may be required to execute all documents required to provide CalRecycle with a security interest in any real or personal property, including equipment and supplies, and it shall be a condition of receiving this payment program that CalRecycle shall be in first priority position with respect to the security interest on any such property acquired with the OPP funds, unless pre-approved in writing by the Program Advisor that CalRecycle will accept a lower priority position with respect to the security interest on the property. Recipient shall inform any lender(s) from whom it is acquiring additional funding to complete the property purchase of this payment program condition.

(c) The recipient may not transfer Title to any real or personal property, including equipment and supplies, acquired with OPP funds to any other entity without the express authorization of CalRecycle.

(d) CalRecycle will not reimburse the recipient for the acquisition of equipment that was previously purchased with CalRecycle OPP funds, unless the acquisition of such equipment with OPP funds is pre-approved in writing by the Program Advisor. In the

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Guidelines
Used Oil Payment Program, OPP16 (FY 2025–26) 25
event of a question concerning the eligibility of equipment for program funding, the burden will be on the recipient to establish the pedigree of the equipment.

Discretionary Termination
The Director of CalRecycle or his/her designee shall have the right to terminate this Agreement at his/her sole discretion at any time upon thirty (30) days written notice to the Recipient. Within forty-five (45) days of receipt of written notice, the recipient is required to:

1. Submit a final written report to the appropriate Program Advisor describing all work performed by the recipient and provide an accounting of all funds expended up to and including the date of termination; and,

2. Reimburse CalRecycle any unspent funds.

Termination for Cause
In the event the recipient fails to comply with the requirements of these Guidelines at the time and in the manner herein provided, CalRecycle may terminate the OPP Agreement.

Recipients are encouraged to discuss any problems they may have in complying with these Guidelines with their Program Advisor to determine if CalRecycle can be of assistance.

Indemnity
Recipient agrees to indemnify, defend, and save harmless the state and CalRecycle, and their officers, agents, and employees from any and all claims and/or losses accruing or resulting from the performance of OPP.

Compliance
Recipients shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits.

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v . 0 0 5 P a g e | 1
July 14, 2026

ITEM TITLE
Purchase Agreements: Accept Bids from Miwall Corporation and San Diego Police Equipment Co., Inc. and Approve Agreements for the Purchase Ammunition for the Police Department Report Number: 26-0147
Location: No specific geographic location
Department: Police
G.C. § 84308 Regulations Apply: No
Environmental Notice : The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines . Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

Recommended Action
Adopt a resolution accepting bids from Miwall Corporation and San Diego Police Equipment Co., Inc. and approving agreements with each for the purchase ammunition for the Police Department.

SUMMARY
On February 20, 2026, the City issued a Request for Bid (“RFB”), seeking sealed bids from qualified suppliers to provide the Police Department with factory -new ammunition. As a result of the RFB process, staff recommends accept ing bids from Miwall Corporation and San Diego Police Equipment Co., Inc. and approving agreements with each for the purchase of ammunition.

ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.

BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.

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DISCUSSION
On February 20, 2026, the City posted a Request for Bid (RFB B35-2026) via PlanetBids, soliciting sealed bids from qualified vendors for the supply of factory -new ammunition for the Police Department. The RFB specified the Department’s estimated annual ammunition requirements and required strict adherence to all listed specifications, including caliber, bullet type, grain weight, case material, primer type, manufacturer, and stock number.

All ammunition furnished under this solicitation must be manufactured within 24 months prior to delivery, unless otherwise authorized in the RFB. Additionally, all products must be factory -new, first-quality, and delivered in original, unopened manufacturer packaging.

During the RFB process, 137 prospective bidders were notified and 14 downloaded the bid. The following two vendors submitted bids:

1. Miwall Corporation

2. San Diego Police Equipment Co., Inc.

Miwall Corporation submitted a bid for one ammunition type, while San Diego Police Equipment Co., Inc. submitted bids for the remaining required items. Because only one bid was received for each specified ammunition type, staff recommends awarding contracts to both Miwall Corporation and San Diego Police Equipment Co., Inc. in accordance with their respective bid submissions.

The bid amount by ammunition unit cost is listed in the table below.

Brand Stock # Description
San Diego
Police
Equipment
Co., Inc.

Unit Cost
Bid
Amount
Miwall
Corporation
Unit Cost
Bid Amount
Hornady 80965C .308 – 168 Grain (Hornady Tap) No Bid $1.46 Speer CCI-24445SP Gold Dot .223 62GR GDSP $0.72 No Bid Speer CCI-53826 Lawman Clean-Fire 147 GR TMJ 9MM $0.25 No Bid Speer CCI-53833 Lawman 38SPL 158GR TMJ, Clean-Fire $0.41 No Bid Speer CCI-53880 Lawman 40S&W 180GR TMJ, Clean-Fire $0.32 No Bid Speer CCI-53885 Lawman 45ACP 230GR TMJ, Clean Fire $0.39 No Bid Speer CCI-53921 Gold Dot 38SPL 135GR GDHP/SB + P $0.53 No Bid Federal FED-AE223NX1 HST .223 55 GR FMJ, BT, Catalyst Primer $0.49 No Bid Federal FED-AE380LF1 Federal 380 Auto 70GR Lead Free FMJ $0.48 No Bid Federal FED-P380HST1 Federal HST 380 Auto 99GR JHP $0.46 No Bid Federal FED-P40HST1 HST 40S&W 180R JHP $0.52 No Bid
Federal FED-P45HST2 Federal HST 45 ACP 230GR JHP $0.57 No Bid Federal FED-P9HST2 HST 9MM 147GR JHP $0.46 No Bid
Force on Force SIM-FF556B1 5.56 – Blue/Green Marker Rounds $1.02 No Bid Force on Force SIM-FF9B2 9MM – Blue/Green Marker Rounds $0.85 No Bid

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The RFB established fixed unit pricing for ammunition for an initial one‑ year term, with the option to extend for up to four additional one ‑ year periods. Any price adjustment requested during an extension term is subject to City approval and is limited to the lesser of five percent (5%) or the Consumer Price Index for the San Diego Area. Purchases from Miwall Corporation for the total possible term including optional extensions shall not exceed $75,000. Purchases from San Diego Police Equipment Co. for the tot al possible term including optional extensions shall not exceed $665,000.

Acceptance of the bids from Miwall Corporation and San Diego Police Equipment Co., Inc. will allow the Police Department to purchase ammunition at competitive, contractually control led pricing to support ongoing training and operational needs.

DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Coun cil members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act. (Gov. Code, § 87100, et seq.) Staff is not independently aware and has not been informed by any City Council member of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.

CURRENT-YEAR FISCAL IMPACT
The Police Department spends approximately $120,000 annually on ammunition. The cost of any ammunition purchased under these agreements is already included in the Police Department’s adopted Fiscal Year 2025-26 budget.

ONGOING FISCAL IMPACT
The estimated fiscal year 2026 -27 c ost relating to ammunition is approximately $120,000. This cost is included in the fiscal year 2026-27 Police Department’s General Fund and Measure A adopted budget.

Ammunition costs in subsequent fiscal years will be considered as part of the annual budget development process.

Purchases from Miwall Corporation for the total possible term including optional extensions shall not exceed $75,000. Purchases from San Diego Police Equipment Co. for the total possible term including optional extensions shall not exceed $665,000.

ATTACHMENTS

1. Agreement with San Diego Police Equipment Co., Inc.

2. Agreement with Miwall Corporation
Staff Contact: Acting Chief of Police Dan Peak
Police Administrative Services Manager Jonathan Alegre

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Form Rev 2/18/2025
RESOLUTION NO. __________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CHULA VISTA ACCEPTING BIDS FROM MIWALL
CORPORATION AND SAN DIEGO POLICE EQUIPMENT CO.,
INC. TO PURCHASE AMMUNITION FOR THE POLICE

DEPARTMENT

WHEREAS, on February 20, 2026, the City of Chula Vista (“ City”) issued Request for Bids No. B35-2026 (“RFB”), seeking sealed bids from qualified vendors to provide factory -new ammunition for the Chula Vista Police Department; and

WHEREAS, the City received two (2) bids in response to solicitation RFB B35-2026; and

WHEREAS, the Miwall Corporation submitted a bid for one specified ammunition type, and San Diego Police Equipment Co., Inc. submitted bids for the remaining specified ammunition types; and

WHEREAS, because only one completive bid was received for each specified ammunition type, staff recommends awarding contracts to Miwall Corporation and San Diego Police Equipment Co., Inc. in accordance with their respective bid submissions; and

WHEREAS, as set forth in the RFB, the Police Department may purchase ammunition at the awarded bid prices for an initial one-year term, with up to four additional one-year extension options, for a total amount not to exceed seventy five thousand dollars ($75,000) for Miwall Corporation and six hundred sixty five thousand dollars ($665,000) for San Diego Police Equipment Co.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it a ccepts the bids submitted by Miwall Corporation and S an Diego Police Equipment Co., Inc. for the purchase of ammunition for the Police Department in accordance with the terms and conditions of Request for Bids No. B35-2026.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves an agreement between the City and Miwall Corporation, in the form presented, with such modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute same and any future amendments thereto.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves an agreement between the City and San Diego Police Equipment Co., Inc., in the form presented, with such modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute same and any future amendments thereto.

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Resolution No.

Page 2 ends

Presented by Approved as to form by

____________________________
Tiffany Allen Marco A. Verdugo
City Manager City Attorney

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1 City of Chula Vista Agreement No.: 2026-123
Service Provider Name: San Diego Police Equipment Co., Inc Rev. 1.13.2025

CITY OF CHULA VISTA

CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH SAN DIEGO POLICE EQUIPMENT CO., INC

TO PROVIDE AMMUNITION FOR THE POLICE DEPARTMENT

This Agreement is entered into effective as of June 16, 2026 by and between the City of Chula Vista (“City”), a chartered municipal corporation, and San Diego Police Equipment Co., Inc (“Contractor/Service Provider”), a California corporation, collectively, the “Parties” and, individually, a “Party” with reference to the following facts:

RECITALS

WHEREAS, City strives to preserve its fiscal health by utilizing continuous improvement tools and best practices, ensuring strong and secure neighborhoods through maximizing police and fire services, increasing local land use control through policy, planning, infrastr ucture and services that are fundamental to an economically strong city, and supporting an environment that fosters health and wellness for our residents; and

WHEREAS, in order to procure ammunition for the Police Department, City solicited bids in accordance with Chula Vista Municipal Code section 2.56.080 for contracts exceeding $100,000. City received two (2) bids in response to its solicitation and selected Contractor/Service Provider to furnish ammunition in accordance with the terms and conditions of this Agreement; and

WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with the time frames and the terms and conditions of this Agreement.

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

[End of Recitals. Next Page Starts Obligatory Provisions.]

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2 City of Chula Vista Agreement No.: 2026-123
Service Provider Name: San Diego Police Equipment Co., Inc Rev. 1.13.2025

OBLIGATORY PROVISIONS

1. SERVICES

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

1.2 Reductions in Scope of Work . City may independently, or upon request from Contractor/Service Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating a c orresponding 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, C ity may request Contractor/Service Provider provide additional services related to the Required Services (“Additional Services”). If so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A , to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein.

Once added to Exhibit A, “Additional Services” shall also become “ Required Services” for purposes of this Agreement.

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

1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its subcontractors.

1.6 Security for Performance . In the event that Exhibit A Section 5 indicates the need for Contractor/Service Provider to provide additional security for performance of its duties under this Agreement, Contractor/Service Provider shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.

1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.

1.8 Business License . Prior to commencement of work, Contractor/Service Provider shall obtain a business license from City.

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3 City of Chula Vista Agreement No.: 2026-123
Service Provider Name: San Diego Police Equipment Co., Inc Rev. 1.13.2025

1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set forth in this Agreement.

1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Contractor/Service Provider ’s commencement of the Required Services hereunder, and shall terminate , subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect.

2. COMPENSATION

2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2.

2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to dat e, and the remaining amount available under any approved budget.

Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget.

2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall b e made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.

2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Contractor/Service Provider.

2.5 Reimbursement of Costs . City may reimburse Contractor/Service Provider ’s out -of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services.

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Service Provider Name: San Diego Police Equipment Co., Inc Rev. 1.13.2025

2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of o r related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its agents, employees, or subcontractors.

2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such amount.

3. INSURANCE

3.1 Required Insurance . Contractor/Service Provider must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.

3.2 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work.

3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable.

3.4 Subcontractors. Contractor/Service Provider must include all sub -Contractor/Service Providers/sub- contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers must also comply with the terms of this Agreement.

3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor/Service Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage.

3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers.

Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves Contractor/Service Provider from its responsibility to provide insurance.

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Service Provider Name: San Diego Police Equipment Co., Inc Rev. 1.13.2025

3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must procure and put into effect equivalent coverage(s).

3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service Provider waives any right it may have or may obtain to subrogate a claim against City.

3.9 Verification of Coverage . Prior to commencemen t of any work, Contractor/Service Provider shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates . The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications.

3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply:

a. The “Retro Date” must be shown and must be before the date of this Agreement or the beginning of the work required by this Agreement.

b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement.

c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.

d. A copy of the claims reporting requirements must be submitted to the City for review.

3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity.

3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained.

4. INDEMNIFICATION

4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall timely and fully protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any mann er arising out of or

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incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor/Service Provider, its employees, agents or officers, or any third party.

4.2. Modified Indemnity Where Agreement Involves Design Professional Services . Notwithstanding the forgoing, if the services provided under this Agreement are design professional ser vices, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8.

4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section 4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or dec ree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them.

4.4. Contractor/Service Provider’s Obligations Not Limited or Modified . Contractor/Service Provider’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider . Furthermore, Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor/Service Provider’s other obligations or duties under this Agreement.

4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs and fees City incurs in enforcing Contractor/Service Provider’s obligations under this Section 4.

4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination of this Agreement.

5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.

5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractor/Service Provider s performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service Provider shall com ply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.

5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any economic interests held by Contractor/Service Provider , or its employees or subcontractors who will be performing the Required Services, in any real property or project which i s the subject of this Agreement.

Contractor/Service Provider warrants and represents that it has not employed or retained any company or

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person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, to s olicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

Contractor/Service Provider further warrants and represents that no officer or employee of City, has a ny interest, whether contractual, non-contractual, financial, or otherwise, in this transaction, the proceeds hereof, or in the business of Contractor/Service Provider or Contractor/Service Provider ’s subcontractors.

Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability.

5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits public agency officers from participating in any action related to a contract if such officer receives political contributions totaling more than $500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. In order to assure compliance with these requirements, Con tractor/Service Provider shall comply with the disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement by this reference.

6. REMEDIES

6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate t his Agreement by giving five (5) days written notice to Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any and all “Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the Required Services. Such Work Product shall be Cit y’s sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no ev ent shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default.

6.2 Termination or Suspension for Convenience of City . City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work Product in an amount equa l to the amount due and payable under this Agreement for work satisfactorily

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Service Provider Name: San Diego Police Equipment Co., Inc Rev. 1.13.2025

performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement.

6.3 Waiver of Claims . In the event City terminates the Agreement in accordance with the terms of this Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6.

6.4 Administrative Claims Requirements and Procedures . No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementatio n of same, are incorporated herein by this reference. Upon request by City, Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement.

6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. Contractor/Service Provider hereby waives any right to remove any action from San Diego County as may otherwise be permitted by California Code of Civil Procedure section 394.

6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents to service of process on Contractor/Service Provider by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing.

7. OWNERSHIP AND USE OF WORK PRODUCT

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

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

8.3 Authority. The person(s) executing this Agreem ent for Contractor/Service Provider warrants and represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind Contractor/Service Provider to its obligations hereunder without any further action or direction f rom Contractor/Service Provider or any board, principle or officer thereof.

8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.

8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded.

8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supportin g materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub-contractors/sub-Contractor/Service Providers.

8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties.

8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers, employees, or agents (“ Contractor/Service Provider Related Individuals”), except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and none o f 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 f ederal income tax, social security tax or any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner.

8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with re turn 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.

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Service Provider Name: San Diego Police Equipment Co., Inc Rev. 1.13.2025

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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Service Provider Name: San Diego Police Equipment Co., Inc Rev. 1.13.2025

SIGNATURE PAGE

CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT

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

SAN DIEGO POLICE
EQUIPMENT CO., INC

CITY OF CHULA VISTA

BY:________________________________ BY: ________________________________ Enter name of signatory TIFFANY ALLEN
Enter title of signatory CITY MANAGER

APPROVED AS TO FORM

BY: _______________________________
Marco A. Verdugo
City Attorney

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Service Provider Name: San Diego Police Equipment Co., Inc Rev. 1.13.2025

EXHIBIT A

SCOPE OF WORK AND PAYMENT TERMS

I. Contact People for Contract Administration and Legal Notice.

A. City Contract Administration:

Chula Vista Police Department
Jonathan Alegre, Police Administrative Services Administrator 315 Fourth Avenue,
Chula Vista, CA 91910
(619) 476-2570
[email protected]

For Legal Notice Copy to:

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

B. Contractor/Service Provider Contract Administration:

San Diego Police Equipment Co., Inc
8205-A Ronson Road, San Diego, CA 92111
(858) 974-8500
[Enter Email Address]

For Legal Notice Copy to:
[same as above]

II. Required Services

A. General Description. Provide ammunition to the Police Department on an as-needed basis.

B. Detailed Description . On an as -needed basis as requested by City, Contractor/ Service Provider shall furnish and deliver ammunition in accordance with the requirements of this Agreement and Exhibit E, which is attached hereto and incorporated herein by reference.

1. Product Specifications and Condition.

a. All ammunition furnished under this Agreement shall conform exactly to the caliber, bullet type, grain weight, case material, primer type, manufacturer, stock number, and all other specifications identified in Exhibit E and any City purchase order issued p ursuant to this Agreement.

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b. All ammunition furnished under this Agreement shall:

i. Be factory-new and first-quality;
ii. Be manufactured by the manufacturer identified in Exhibit E; iii. Be manufactured within twenty-four (24) months preceding delivery unless otherwise approved in writing by the City;
iv. Be free from defects in workmanship and materials;
v. Not consist of remanufactured, reloaded, surplus, blemished, seconds-quality, refurbished, or previously issued ammunition; and
vi. Be delivered in original factory packaging only and shall not be repackaged.

c. Where designated in Exhibit E, duty ammunition shall satisfy the manufacturer's published duty-performance standards. Training ammunition shall be non-corrosive and suitable for the intended training environment, including indoor ranges where applicable.

d. Where specified in Exhibit E, ammunition shall satisfy applicable clean -fire, non-toxic, lead- free, frangible, encapsulated-base, or similar performance requirements.

2. Lot Consistency. To the extent commercially feasible, quantities furnished under each line item shall be supplied from a single manufacturing lot. Contractor/Service Provider shall identify all lot numbers on packing slips and invoices and shall identify the quantity delivered from each lot.

3. Documentation and Product Verification. Upon request by City, Contractor/Service Provider shall provide manufacturer's specifications, technical data sheets, product literature, safety documentation, ballistic performance data, pressure and velocity certifications, factory letters, or other documentation reasonably necessary for City to verify compliance with the requirements of this Agreement and Exhibit E.

4. Safety Documentation. Contractor/Service Provider shall provide Safety Data Sheets (SDS) when applicable. Packaging shall adequately protect ammunition, primers, and projectiles from damage during storage and transport. Ammunition delivered with damaged packaging, crushed carto ns, evidence of moisture intrusion, or other conditions that may compromise product integrity may be rejected by City.

C. Compliance and Licensing Requirements.

1. Contractor/Service Provider represents and warrants that it possesses and shall maintain throughout the term of this Agreement all federal, state, and local licenses, permits, registrations, certifications, and approvals required to manufacture, distribute, sell, store, transport, and deliver ammunition.

2. Contractor/Service Provider shall comply with all applicable federal, state, and local laws, regulations, and industry requirements, including but not limited to:

a. Federal Firearms License requirements, where applicable; b. State ammunition vendor licensing requirements;
c. U.S. export control regulations, including ITAR and EAR requirements; d. U.S. Department of Transportation hazardous materials transportation regulations; and e. All laws governing the transfer, transportation, storage, and sale of ammunition.

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3. If required by the ammunition manufacturer, Contractor/Service Provider shall provide documentation establishing that Contractor/Service Provider is an authorized distributor or reseller of the products supplied under this Agreement.

D. Delivery and Logistics.

1. Delivery Address. All deliveries shall be FOB Destination to:

Chula Vista Police Department
315 Fourth Avenue
Chula Vista, California 91910

2. Contractor/Service Provider shall provide firm lead times upon request by City.

3. Backorders, delayed deliveries, and partial shipments shall require City's prior written approval.

4. Contractor/Service Provider shall provide shipment tracking information to City within twenty -four (24) hours following carrier pickup.

5. All shipments shall comply with applicable hazardous materials transportation requirements and shall include all required markings, classifications, labels, and documentation.

6. Packing slips shall identify:

a. City purchase order number;
b. Applicable line-item number;
c. Manufacturer name;
d. Stock number;
e. Lot number;
f. Quantity delivered by lot; and
g. Delivery date.

7. Deliveries shall be made during City's normal receiving hours unless otherwise approved in advance by City in writing.

E. Inspection, Acceptance, Rejection, and Recall.

1. City reserves the right to inspect all products delivered under this Agreement and to reject any products that fail to conform to the requirements of this Agreement, Exhibit E, or any City purchase order issued pursuant to this Agreement.

2. Without limitation, City may reject ammunition that:

a. Does not match the manufacturer or stock number specified in Exhibit E; b. Fails to satisfy required specifications;
c. Is delivered in damaged packaging;
d. Exceeds the allowable manufacture-age requirements;
e. Contains mixed lot numbers where prohibited by this Agreement; or f. Otherwise fails to comply with the requirements of this Agreement.

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3. Contractor/Service Provider shall replace rejected products within ten (10) business days following notice from City, or within another period approved by City, at no additional cost to City.

4. Defective ammunition shall be replaced on a one-for-one basis at no cost to City.

5. Contractor/Service Provider shall notify City within two (2) business days after becoming aware of any manufactu rer recall affecting products delivered under this Agreement and shall promptly coordinate replacement, repair, credit, or refund as directed by City.

6. Inspection, acceptance, or payment by City shall not waive any rights or remedies available to City for latent defects, nonconforming goods, warranty claims, or breach of contract.

7. Contractor/Service Provider acknowledges that strict compliance with the product specifications set forth in this Agreement, Exhibit E, and applicable City purchase orders is a material term of this Agreement and that City's acceptance of one nonconforming delivery shall not constitute a waiver of City's right to require strict compliance with all future deliveries.

III. Term. In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin June 16, 2026, and end on June 15, 2027, for completion of all Required Services.

IV. Compensation.

A. Form of Compensation.

☒ Fixed Fees. In consideration for the purchase of products and the performance of all Required Services by Contractor/Service Provider as specified in this Agreement and Exhibit E, City shall pay Contractor/Service Provider the prices identified in Exhibit E for products accepted by City in a ccordance with the terms of this Agreement.

1. The pricing set forth in Exhibit E shall remain firm, fixed, and binding through June 15, 2027.

Contractor/Service Provider shall not increase prices during the initial term of the Agreement unless expressly authorized by a written amendment executed by the Parties.

2. Products furnished under this Agreement shall conform exactly to the manufacturer, stock number, caliber, bullet type, grain weight, case material, primer type, and all other specifications identified in Exhibit E and any City purchase order issued pursuant to this Agreement.

3. No substitutions, equivalents, alternates, replacement products, successor products, or modified products shall be furnished without City's prior written approval. City 's review or consideration of a proposed substitute shall not obligate City to approve such substitute. Any unauthorized substitution may be rejected by City and shall constitute a material breach of this Agreement.

4. Contractor/Service Provider shall submi t invoices only for products delivered and accepted by City.

Each invoice shall reference:

a. City purchase order number;
b. Applicable line-item number;
c. Manufacturer name;

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d. Stock number;
e. Quantity delivered;
f. Lot number(s);
g. Quantity delivered by lot number; and
h. Delivery date.

5. Contractor/Service Provider shall not assess freight charges, fuel surcharges, hazardous materials fees, administrative fees, handling fees, processing fees, or any other charges in addition to the prices set forth in Exhibit E unless expressly approved in writing by City.

6. Payment by City shall not constitute acceptance of nonconforming products and shall not waive any rights or remedies available to City under this Agreement, at law, or in equity. City reserves the right to withhold payme nt for products that fail to comply with the requirements of this Agreement or Exhibit E.

B. Reimbursement of Costs.

1. ☒ None. The compensation outlined in this Section A above includes all costs.

2. Not to Exceed. Notwithstanding the foregoing, the maximum amount payable under this Agreement, including all Extension Terms exercised by City pursuant to Section V below , may not exceed $665,000.

V. Special Provisions.

☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for up to four (4) additional terms, defined as a one -year increment (June 16, 2027 to June 15, 2028; June 16, 2028 to June 15, 2029; June 16, 2029 to June 15, 2030; and June 16, 2030 to June 15, 2031 ). The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to the rate of the Consumer Price Index for the San Diego Area, or five percent (5%), whichever is less, for each extension term. The City shall give written notice to Contractor/Service Provider of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term.

Any request for a price adjustment shall be submitted in writing not less than sixty (60) days prior to the commencement of the applicable extension term and shall include documentation reasonably satisfactory to City supporting the requested adjustment. No pr ice adjustment shall become effective unless approved in writing by City.

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EXHIBIT B

INSURANCE REQUIREMENTS

Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and mi nimum amounts of insurance, as indicated by checking the applicable boxes (x).

Type of Insurance Minimum Amount Form
☒ General Liability:

Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit mu st be
twice the required occurrence limit

Additional Insured Endorsement
or Blanket AI Endorsement for
City*

Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01

*Must be primary and must not
exclude Products/Completed
Operations
☐ Automobile Liability $1,000,000 per accident for bodily injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement

Other Negotiated Insurance Terms: None

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EXHIBIT C

CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION

The Political Reform Act1 and the Chula Vista Conflict of Interest Code 2 (“Code”) require designated state and local government officials, including some Contractor/Service Providers, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also required to comply with certain ethics training requirements.3

☒ A. Contractor/Service Provider will not exert influence over the official or contracting decisions of City and is therefore EXCLUDED4 from disclosure.
☐ B. Contractor/Service Provider WILL exert influence over the official or contracting decisions of City and their disclosure designation is as follows:

APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)

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

Justification:

☒ C. Excluded from Disclosure

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

2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.

3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.

Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code.

Completed by: Jonathan Alegre

1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company).

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EXHIBIT D

CONSULTANT LEVINE ACT DISCLOSURE

California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula Vista Officer 5 (“Officer”) from taking part in decisions related to a contract if the Officer received a political contribution totaling more than $ 500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract .

The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract . The Levine Act does not apply to competitively bid, labor , or personal employment contracts; contracts valued at under $50,000; contracts where no party receives financial compensation; or contracts between two or more agencies.

☐ A. The Levine Act (Govt. Code §84308) DOES NOT apply to this Agreement. ☒ B. The Levine Act (Govt. Code §84308) does apply to this Agreement and the required disclosure is as follows:

Current Officers can be located on the City of Chula Vista’s websites below:
 Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council  City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us  Planning Commissioners – www.chulavistaca.gov/pc
 Candidate for Elected Office – www.chulavistaca.gov/elections

1. Have you or your company, or any agent on behalf of you or your company, made political contributions totaling more than $500 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement?

YES: ☐ If yes, which Officer(s): Click or tap here to enter text.

NO: ☒

2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $500 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement?

YES: ☐ If yes, which Officer(s): Click or tap here to enter text.

NO: ☒

Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any actions related to the Agreement.

5 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308

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EXHIBIT E

AMMUNITION PRODUCT SPECIFICATIONS AND PRICING SCHEDULE

The products identified in this Exhibit E constitute the approved ammunition products available for purchase under this Agreement. Products furnished by Contractor/Service Provider shall conform to the manufacturer, stock number, and description identified below unless otherwise approved in writing by City.

Brand Stock # Description Unit Cost
SPEER CCI-24445SP GOLD DOT .223 62GR GDSP $0.72
SPEER CCI-53826 LAWMAN CLEAN FIRE 147 GR TMJ 9MM $0.25 SPEER CCI-53833 Lawman 38SPL 158GR TMJ, Clean-Fire $0.41 SPEER CCI-53880 Lawman 40S&W 180GR TMJ, Clean-Fire $0.32 SPEER CCI-53885 Lawman 45ACP 230GR TMJ, Clean Fire $0.39 SPEER CCI-53921 Gold Dot 38SPL 135GR GDHP/SB + P $0.53 FEDERAL FED-AE223NX1 HST .223 55 GR FMJ, BT, CATALYST PRIMER $0.49 FEDERAL FED-AE380LF1 Federal 380 Auto 70GR Lead Free FMJ $0.48 FEDERAL FED-P380HST1 Federal HST 380 Auto 99GR JHP $0.46 FEDERAL FED-P40HST1 HST 40S&W 180R JHP $0.52
FEDERAL FED-P45HST2 Federal HST 45 ACP 230GR JHP $0.57
FEDERAL FED-P9HST2 HST 9MM 147GR JHP $0.46
FORCE ON FORCE SIM-FF556B1 5.56 – BLUE/GREEN MARKER ROUNDS $1.02 FORCE ON FORCE SIM-FF9B2 9MM – BLUE/GREEN MARKER ROUNDS $0.85

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Service Provider Name: Miwall Corporation Rev. 1.13.2025

CITY OF CHULA VISTA

CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT

WITH MIWALL CORPORATION

TO PROVIDE AMMUNITION FOR THE POLICE DEPARTMENT

This Agreement is entered into effective as of June 16, 2026 by and between the City of Chula Vista (“City”), a chartered municipal corporation , and Miwall Corporation (“Contractor/Service Provider ”), a California corporation, collectively the “Parties” and individually a “Party,” with reference to the following facts:

RECITALS

WHEREAS, City is a full-service charter city providing a range of services including police, fire, animal care, library, public works, parks and recreation, development services, economic development, and housing and homeless services; and
WHEREAS, City strives to preserve its fiscal health by utilizing continuous improvement tools and best practices, ensuring strong and secure neighborhoods through maximizing police and fire services, increasing local land use control through policy, planning, infrastructure and services that are fund amental to an economically strong city, and supporting an environment that fosters health and wellness for our residents; and

[End of Recitals. Next Page Starts Obligatory Provisions.]

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OBLIGATORY PROVISIONS

1. SERVICES

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

1.2 Reductions in Scope of Work . City may independently, or upon request from Contractor/Service Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating a correspon ding 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, C ity may request Contractor/Service Provider provide additional services related to the Required Services (“Additional Services”). If so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein.

Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement.

1.8 Business License . Prior to commencement of work, Contractor/Service Provider shall obtain a business license from City.

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1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Contractor/Service Provider ’s commencement of the Required Services hereunder, and shall terminate , subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have co mplied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect.

2. COMPENSATION

2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a d etailed 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 avai lable under any approved budget.

Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget.

2.5 Reimbursement of Costs . City may reimburse Contractor/Service Provider ’s out -of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provi ded in Exhibit A, Contractor/Service Provider shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services.

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2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out o f or related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its agents, employees, or subcontractors.

3. INSURANCE

3.1 Required Insurance . Contractor/Service Provider must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreem ent by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.

3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compens ation Insurance, insurance issued by the State Compensation Fund is also acceptable.

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3.7 No Cancellation. No Required Insurance policy may be canceled by either Party duri ng the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must procure and put into effect equivalent coverage(s).

3.9 Verification of Coverage . Prior to commencement of any work, Contractor/Service Provider shall furnish City with original certificates of insurance an d any amendatory endorsements necessary to demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications.

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.

d. A copy of the claims reporting requirements must be submitted to the City for review.

4. INDEMNIFICATION

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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 amen ded from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8.

4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section 4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties f or any and all related legal expenses and costs incurred by any of them.

4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs and fees City incurs in enforcing Contractor/Service Provider’s obligations under this Section 4.

4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination of this Agreement.

5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.

5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractor/Service Provider s performing work for government agencies to publicly disclose certain of their personal assets and incom e using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.

Contractor/Service Provider warrants and represents that it has not employed or retained any company or

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person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, any fee, commiss ion, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

Contractor/Service Provider further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial, or otherwise, in this transaction, the proceeds hereof, or in the business of Contractor/Service Provider or Contractor/Service Provider ’s subcontractors.

5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits public agency officers from participating in any action related to a contract if such officer receives political contributions totaling more than $ 500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a speci fic contract. In order to assure compliance with these requirements, Con tractor/Service Provider shall comply with the disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement by this reference.

6. REMEDIES

6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider shall violate any of the other covenants, agr eements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City all “Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof.

Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior to Contractor/Service Provider ’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default.

6.2 Termination or Suspension for Convenience of City . City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Contractor/Service Provider of such termination or suspension at least fift een (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreem ent for work satisfactorily

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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 refere nce. Upon request by City, Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement.

7. OWNERSHIP AND USE OF WORK PRODUCT

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

8. GENERAL PROVISIONS

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

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responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition, or deny in its sole discretion.

8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind Contractor/Service Provider to its obligations hereunder without any further action or direction from Contractor/Service Provider or any board, principle or officer thereof.

8.5 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 her ein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded.

8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting mate rials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub-contractors/sub-Contractor/Service Providers.

8.7 Further Assurances. The Parties agree to p erform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties.

8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers, employees, or agents (“ Contractor/Service Provider Related Individuals”), except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, socia l security tax or any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner.

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

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Service Provider Name: Miwall Corporation Rev. 1.13.2025

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

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Service Provider Name: Miwall Corporation Rev. 1.13.2025

SIGNATURE PAGE

CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT

MIWALL CORPORATION CITY OF CHULA VISTA

BY:________________________________ BY: ________________________________

SEAN RILEY TIFFANY ALLEN

MANAGER CITY MANAGER

APPROVED AS TO FORM

BY: _______________________________
Marco A. Verdugo
City Attorney

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Service Provider Name: Miwall Corporation Rev. 1.13.2025

EXHIBIT A

SCOPE OF WORK AND PAYMENT TERMS

I. Contact People for Contract Administration and Legal Notice.

A. City Contract Administration:

Chula Vista Police Department
Jonathan Alegre, Police Administrative Services Administrator 315 Fourth Avenue,
Chula Vista, CA 91910
(619) 476-2570
[email protected]

For Legal Notice Copy to:

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

B. Contractor/Service Provider Contract Administration:

Miwall Corporation
Sean Riley, Manager
P.O. Box 2809,
Grass Valley, CA 95945
(530) 274-8228
[email protected]

For Legal Notice Copy to:
[same as above]

II. Required Services

A. General Description. Provide ammunition to the Police Department on an as-needed basis.

B. Detailed Description . On an as -needed basis as requested by City, Contractor/Service Provider shall furnish and deliver ammunition in accordance with the requirements of this Agreement and Exhibit E, which is attached hereto and incorporated herein by reference.

1. Product Specifications and Condition.

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Agreement.
b. All ammunition furnished under this Agreement shall:

d. Where specified in Exhibit E, ammunition shall satisfy applicable clean -fire, non-toxic, lead- free, frangible, encapsulated-base, or similar performance requirements.

4. Safety Documentation. Contractor/Service Provider shall provide Safety Data Sheets (SDS) when applicable. Packaging shall adequately protect ammunition, primers, and projectiles from damage during storage and transport. Ammunition delivered with damaged packaging, crushed cartons, evidence of moisture intrusion, or other conditions that may compromise product integrity may be rejected by City.

C. Compliance and Licensing Requirements.

2. Contractor/Service Provider shall comply with all applicable federal, state, and local laws, regulations, and industry requirements, including but not limited to:

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Service Provider Name: Miwall Corporation Rev. 1.13.2025

D. Delivery and Logistics.

1. Delivery Address. All deliveries shall be FOB Destination to:

Chula Vista Police Department
315 Fourth Avenue
Chula Vista, California 91910

2. Contractor/Service Provider shall provide firm lead times upon request by City.

3. Backorders, delayed deliveries, and partial shipments shall require City's prior written approval.

4. Contractor/Service Provider shall provide shipment tracking information to City within twenty -four (24) hours following carrier pickup.

5. All shipments shall comply with applicable hazardous materials transportation requirements and shall include all required markings, classifications, labels, and documentation.

6. Packing slips shall identify:

a. City purchase order number;
b. Applicable line-item number;
c. Manufacturer name;
d. Stock number;
e. Lot number;
f. Quantity delivered by lot; and
g. Delivery date.

7. Deliveries shall be made during City's normal receiving hours unless otherwise approved in advance by City in writing.

E. Inspection, Acceptance, Rejection, and Recall.

2. Without limitation, City may reject ammunition that:

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Service Provider Name: Miwall Corporation Rev. 1.13.2025

f. Otherwise fails to comply with the requirements of this Agreement.

3. Contractor/Service Provider shall replace rejected products within ten (10) business days following notice from City, or within another period approved by City, at no additional cost to City.

4. Defective ammunition shall be replaced on a one-for-one basis at no cost to City.

5. Contractor/Service Provider shall notify City within two (2) business days after becoming aware of any manufacturer recall affecting products delivered under this Agreement and shall promptly coordinate replacement, repair, credit, or refund as directed by City.

6. Inspection, acceptance, or payment by City shall not waive any rights or remedies available to City for latent defects, nonconforming goods, warranty claims, or breach of contract.

III. Term. In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin June 16, 2026, and end on June 15, 2027, for completion of all Required Services.

IV. Compensation.

A. Form of Compensation.

1. The pricing set forth in Exhibit E shall remain firm, fixed, and binding through June 15, 2027.

Contractor/Service Provider shall not increase prices during the initial term of the Agreement unless expressly authorized by a written amendment executed by the Parties.

3. No substitutions, equivalents, alternates, replacement products, successor products, or modified products shall be furnished without City's prior written approval. City's review or consideration of a proposed substitute shall not obligate City to approve such substitute. An y unauthorized substitution may be rejected by City and shall constitute a material breach of this Agreement.

4. Contractor/Service Provider shall submit invoices only for products delivered and accepted by City.

Each invoice shall reference:

a. City purchase order number;

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b. Applicable line-item number;
c. Manufacturer name;
d. Stock number;
e. Quantity delivered;
f. Lot number(s);
g. Quantity delivered by lot number; and
h. Delivery date.

6. Payment by City shall not constitute acceptance of nonconforming products and shall not waive any rights or remedies available to City under this Agreement, at law, or in equity. City reserves the right to withhold payment for products that fail to comply with the requirements of this Agreement or Exhibit E.

B. Reimbursement of Costs.

1. ☒ None. The compensation outlined in this Section A above includes all costs.

2. Not to Exceed. Notwithstanding the foregoing, the maximum amount payable under this Agreement, including all Extension Terms exercised by City pursuant to Section V below, may not exceed $75,000.

V. Special Provisions.

☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for up to four (4) additional terms, defined as a one -year increment (June 16, 2027 to June 15, 2028; June 16, 2028 to June 15, 2029; June 16, 2029 to June 15, 2030; and June 16, 2030 to June 15, 2031) . The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to the rate of the Consumer Price Index for the San Diego Area, or five percent (5%), whichever is less, for each extension term. The City shall give written notice to Contractor/Service Provider of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term.

Any request for a price adjustment shall be submitted in writing not less than sixty (60) days prior to the commencement of the applicable extension term and shall include documentation reasonably satisfactory to City supporting the requested adjustment. No p rice adjustment shall become effective unless approved in writing by City.

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EXHIBIT B

INSURANCE REQUIREMENTS

Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and m inimum 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
$1,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate li mit 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

Other Negotiated Insurance Terms: None

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EXHIBIT C

CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION

APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)

Justification:
☒ C. Excluded from Disclosure

3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Contractor/Service Provider will provid e. Notwithstanding this designation or anything in the Agreement, the Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.

Completed by: Jonathan Alegre

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EXHIBIT D

CONSULTANT LEVINE ACT DISCLOSURE

☐ A. The Levine Act (Govt. Code §84308) DOES NOT apply to this Agreement. ☒ B. The Levine Act (Govt. Code §84308) does apply to this Agreement, and the required disclosure is as follows:

1. Have you o r your company, or any agent on behalf of you or your company, made political contributions totaling more than $500 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement?

YES: ☐ If yes, which Officer(s): Click or tap here to enter text.

NO: ☒

YES: ☐ If yes, which Officer(s): Click or tap here to enter text.

NO: ☒

5 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308

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EXHIBIT E

AMMUNITION PRODUCT SPECIFICATIONS AND PRICING SCHEDULE

Brand Stock # Description Unit Cost
HORNADY 80965C .308 – 168 GRAIN (HORNADY TAP) $1.46

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v . 0 0 5 P a g e | 1
July 14, 2026

ITEM TITLE
Agreement: A ward a Cooperative Agreement to West Coast Arborist, Inc for Citywide Tree Maintenance Services
Report Number: 26-0210
Location: No specific geographic location
Department: Public Works
G.C. § 84308 Regulations Apply: Yes
Environmental Notice : The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15304 Class 4 (Minor Alterations to Land).

Recommended Action
Adopt a resolution awarding a cooperative agreement for tree maintenance services to West Coast Arborist, Inc.

SUMMARY
The proposed cooperative agreement with West Coast Arborist, Inc. provides for citywide tree maintenance services. Section 2.56.140 of the Chula Vista Municipal Code (CVMC) authorizes the City to contract for goods or services through a cooperative purchase arrangement provided th e goods or services were purchased through a competitive process that the Purchasing Agent determines to be consistent with the goods purchase practices. Staff recommends that Council award a cooperative agreement for citywide tree care and maintenance services to West Coast Arborist, Inc. with an initial four-year (4) term through June 30, 2030 and a not-to exceed amount of $4.0 million for the initial term. The proposed agreement also contains three one-year options to extend upon demonstrated satisfactory performance. If all extensions are exercised, the total not-to-exceed amount of the agreement would be $7.0 million over the full term of the agreement.

ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15304 Class 4

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(Minor Alterations to Land) because the proposed project would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required.

BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.

DISCUSSION
The City has need of comprehensive tree maintenance services for public trees located throughout parks, parkways, and City -owned properties. The City’s current contract with West Coast Arborist, Inc. (“WCA”) expired on June 30, 2026.

Accordingly, staff rev iewed options to continue contracting with WCA , or to solicit new bids for tree maintenance services. Section 2.56.140 of the CVMC authorizes the City to contract for goods or services through a cooperative purchase arrangement provided the goods or servic es were purchased through a competitive process that the Purchasing Agent determines to be consistent with the good purchasing practices.

On February 24, 2025, the City of La Verne issued a Request for Proposal (RFP) for a five -year contract for comprehensive tree maintenance services. The RFP was made available through PlanetBids, allowing for a competitive and transparent selection process. The scope of work included routine trimming , emergency response, removals, stump grinding, planting, inventory manag ement, and ongoing assessments related to tree health and public safety.

On March 14, 2025, a total of nine (9) proposals were submitted in response to the City of La Verne’s RFP.

Based on a combination of Firm Qualifications and Experience; Project Understanding and Execution; Safety, Risk Management, and Environmental Compliance; Communication and Customer Service; Implementation Plans; and Cost Proposals, four firms were interviewed, and WCA was selected. The contract commenced on July 1, 2025. Upon review of the City of La Verne RFP process, the Purchasing Agent has determined their competitive process to be consistent with good purchasing practices.

Staff recommends that the City enter into a cooperative purchasing agreement with WCA that provides for an initial four-year (4) term through June 30, 2030, with three one -year options to extend (potentially through June 30, 2033).

WCA will be compensated on a time -and-materials basis in accordance with the rates and amounts established in the agreement, with a not-to-exceed amount of $4.0 million for the initial term and maximum contract amount of $7.0 million if all extensions are exercised.

The annual budget includes approximately $600,000 for routine tree maintenance of City owned trees in the right of way and City Parks. The agreement also includes a contingency amount to allow for emergencies, other required tree maintenance, removal or replacement needs, or should additional funds become available.

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DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site -specific and, consequently, the 500-foot rule found in California Code of Regulation Title 2, section 18702.2(a)(11)is not applicable to this decision for pu rpose of determining a disqualifying real property - related financial conflict of interest under the Political Reform Act (California Government Code § 87100,et seq.).

CURRENT-YEAR FISCAL IMPACT
The costs associated with this agreement are included in the fiscal year 2026-2027 budget in the General Fund, Public Works Department, and Sewer Funds.

ONGOING FISCAL IMPACT
The annual number of trees maintained can vary due to the amount of available budget and need. Funding for this agreement is primarily incl uded in the General Fund, Public Works Department, and Sewer Funds, and will be considered as part of the annual budget development process. The table below outlines the not- to-exceed amounts for the full term of the agreement.

West Coast
Arborist,
Inc.

Initial Term
FY 2026-27 to
FY 2029-30
Extension 1
FY 2030-31
Extension 2
FY 2031-32
Extension 3
FY 2032-33 TOTAL
$4,000,000 $1,000,000 $1,000,000 $1,000,000 $7,000,000

ATTACHMENTS

1. Two Party agreement with West Coast Arborist, Inc.

2. City of La Verne staff report

Staff Contact: Angelica Aguilar, Director of Public Works Tessa Nguyen, Principal Management Analyst

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Form Rev 3/6/2023
RESOLUTION NO. __________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CHULA VISTA APPROVING A COOPERATIVE

PURCHASING AGREEMENT FOR TREE MAINTENANCE

SERVICES BETWEEN THE CITY AND WEST COAST
ARBORIST, INC.

WHEREAS, on February 24, 2025 the City of La Verne solicited a request for proposal (RFP) for citywide tree maintenance and arborist services; and

WHEREAS, on March 14, 2025 the City of La Verne received nine (9) proposals in response to the RFP; and

WHEREAS, the proposals were evaluated and four (4) firms were invited to participate in interviews, where a three-member selection committee comprised of City of La Verne staff , assessed each firm based on predetermined evaluation criteria; and

WHEREAS, West Coast Arborists, Inc. (WCA) was selected by the City of La Verne to perform citywide tree maintenance and arborist services pursuant to City of La Verne Professional Services Agreement with West Coast Arborists, Inc. (“Original Contract”); and

WHEREAS, the contract between the City of La Verne and WCA includes a provision that extends the terms and conditions, including pricing, of that contract to other California local and state government entities; and

WHEREAS, section 2.56.140 of the Chula Vista Municipal Code authorizes the City to contract for goods or services through a cooperative purchasing arrangement provided the goods or services were purchased through a competitive process that the Purchasing Agent determines to be consistent with good purchasing practices; and

WHEREAS, the City’s Purchasing Agent has determined that the City of La Verne RFP solicitation process was a competitive process consistent with good purchasing practices; and

WHEREAS, the City has a need for complete tree maintenance service of Chula Vista’s urban forest trees; and

WHEREAS, the City desires to enter into an agreement with WCA through a cooperative purchasing arrangement on the terms and conditions set forth in Original Contract and t he Cooperative Purchasing Agreement;

WHEREAS, WCA warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of the City in accordance with the time frames and the terms and conditions of this Cooperative Purchasing Agreement.

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Resolution No.

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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves a Cooperative Purchasing Agreement, between the City and West Coast Arborist, Inc., in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk and authorizes and directs the City Manager to execute same.

Presented by Approved as to form by

Angelica Aguilar Marco A. Verdugo
Director of Public Works City Attorney

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CITY OF CHULA VISTA

COOPERATIVE PURCHASING AGREEMENT
WITH WEST COAST ARBORIST, INC.

TO PROVIDE TREE MAINTENANCE SERVICES
This Cooperative PurchasingAgreement (“Agreement”) is made and enteredinto between the City of Chula Vista (“ City”) and West Coast Arborist, Inc. (“ Contractor”) ( collectively, the Parties” and, individually, a “Party”) with referenceto the following facts:

RECITALS
WHEREAS, Contractor was selected by City of La Verne to perform Tree Care and Maintenance Services pursuant to City of La Verne Professional Services Agreement with West Coast Arborists, Inc., which is attached hereto as Exhibit A and incorporated herein by this reference (“ Original Contract”);
WHEREAS, section 2.56.140 of the Chula Vista Municipal Code authorizes the City to contract for goods or services through a cooperative purchasing arrangementprovided the goods or services were purchased through a competitive process that the Purchasing Agent determines to be consistentwith good purchasing practices;
WHEREAS, City hasa needfor complete tree maintenanceservice of Chula Vista’s urban forest trees;
WHEREAS, City desires to enter into an agreement with Contractor through a cooperative purchasing arrangement on the terms and conditions set forth in Original Contract and this Agreement;
WHEREAS, Contractor warrants and represents that it is experienced and staffed in a manner such that it can deliver the servicesrequired of Contractor to City in accordancewith the time frames and the terms and conditions of this Agreement.

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

1. Required Services
Contractor agreesto perform all services, and deliver to City all deliverables (if any), asdescribed in Exhibit A ( Original Contract) and further described below:

The Contractor will perform and complete tree pruning, tree/stump/ removal services, tree care, and tree maintenance, and all other Required Services at locations and times as directed by the City.

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The services and/or deliverables described in Original Contract and above shall be referred to herein as the “Required Services.” Contractor agreesto perform the Required Services in strict accordance with Exhibit A ( Original Contract) and Exhibit B, which is attached hereto and incorporated herein by reference.

2. Term of the Agreement
The effective date of this Agreement is 7/15/ 2026 (“ Effective Date”) and it terminates 6/30/ 2030 unless terminated as provided herein. The parties have the option to extend the terms of this agreement as follows:

July 1, 2030 to June 30, 2031 ( one-year term)
July 1, 2031 to June 30, 2032 ( one-year term)
July 1, 2032 to June 30, 2033 ( one-year term)
The Original Contract between the City of La Verne and West Coast Arborist, Inc., is scheduled to expire on June30, 2030 with three additional one-year options to extend. If the extensionsare executed the City will have the option to extend the contract to June 30, 2033.

3. PaymentTerms
For performance of the Required Services by Contractor, City shall pay Contractor as provided in Exhibit C, which is attachedhereto and are incorporated herein by reference. The reimbursement for productive hours spent or expenses incurred in the performance of this Agreement shall be madeonly upon acceptanceby City of Contractor’s invoice and supporting documentation.

4. Insurance
Contractor must procure and maintain insurance in strict accordance with the Insurance Requirements identified in Exhibit D, which is attached hereto and are incorporated herein by reference.

5. Indemnity
Contractor must indemnify, defend, and hold harmless the Indemnified Parties, as provided in Exhibit E, which is attached hereto and are incorporated herein by reference.

6. Authorized Representatives and Notices
The City hereby designatesasits Authorized Representatives:

StevePadilla, Public Works Manager
Department of Public Works
1800 Maxwell Road
Chula Vista, CA 91911
Kalani Camacho, Superintendent
Department of Public Works
1800 Maxwell Road
Chula Vista, CA 91911

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All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demandsand requeststo be sent to any Party shall be deemedto have been properly given or serviced if personally served or deposited in the United States mail, addressedto such Party, postageprepaid, register or certified, with return receipt requested, at the addresse[s] identified in this Agreement.

Notices, demands or requests sent to City shall be submitted to:

Kalani Camacho, Superintendent
Department of Public Works
1800 Maxwell Road
Chula Vista, CA 91911
Termination for Cause
violate any of the other covenants, agreements or conditions of this Agreement ( each a “Default”), notifies City of its intent to cure such Default prior to City’ s specified termination other materials or properties producedin whole or in part under this Agreement (“Work Product”) s

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amount that would have been payable under this Agreement for such work, and any such compensationshall be reducedby any costsincurred or projected to be incurred by City asa result of the Default.

7.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time andfor any reason, with or without cause, by giving specific written notice to Contractor of such termination or suspension at least fifteen ( 15) days prior to the effective date thereof. Upon receipt of such notice, Contractor shall immediately cease all work under the Agreement and promptly deliver all Work Product to City.

Such Work Product shall be City' s sole and exclusive property. Contractor shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/ suspension notice plus any additional remaining Required Services requested or approved by City in advancethat would maximize City’s value under the Agreement.

7.3 Waiver of Claims. In the eventCity terminatesthe Agreement in accordancewith the terms of this section, Contractor hereby expressly waives all claims for damages or compensation as a result of such termination except asexpressly provided in this Section 7.

7.4 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 actedupon by City in accordancewith the proceduresset forth in Chapter

1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Contractor shall meet and confer in good faith with City for the purposeof resolving any dispute over the terms of this Agreement.

8. Conflicts or Discrepancies
In the event of any inconsistencies, conflicts, or discrepancies between any of the provisions and/or attachmentsof the Original Contract and this Agreement, the inconsistency shall be resolved by giving precedence in the following order:
1) This Agreement
2) Original Contract

9. General Provisions

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

9.2 Assignment. City would not have enteredinto this Agreement but for Contractor’s unique qualifications and traits. Contractor 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.

9.3 Authority. The person( s) executing this Agreement for Contractor warrants and represents that they have the authority to executesameon behalf of Contractor and to bind Contractor to its

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obligations hereunder without any further action or direction from Contractor or any board, principle or officer thereof.

9.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.

9.5 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 suspended.

9.6 Record Retention. During the course of this Agreement and for three (3) years following completion of the Services, Contractor agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, andsupporting materials relating to the performance of this Agreement, including accounting for costs and expenses charged to City, including such records in possessionof sub-contractors.

9.7 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.

9.8 Independent Contractor. Contractor is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents Contractor Related Individuals”), except as set forth in this Agreement. No Contractor Related Individuals shall be deemedemployeesof City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker’s compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor RelatedIndividuals; instead, Contractor shall be solely responsiblefor the payment of same and shall hold City harmless with respect to same. Contractor shall not at any time or in any manner representthat it or any of its Contractor Related Individuals are employeesor agents of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatsoeveragainstCity, or bind City in any manner.

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

SIGNATURE PAGE TO FOLLOW

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CITY OF CHULA VISTA
Tiffany Allen, City Manager

WEST COAST ARBORIST
PatrickMahoney, President, WestCoast
Arborists, Inc.

APPROVED AS TO FORM
Marco A. Verdugo, City Attorney

EXHIBITS
A – Original Contract
B – Required ServicesProvisions
C – Payment Terms
D – InsuranceRequirements
E – Indemnity Requirements
F – Contractor Conflict of Interest
Designation G – DIR/ Prevailing Wages

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EXHIBIT A

ORIGINAL CONTRACT
See Attached)

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Rev. 4- 2025 1 of 17 West Coast Arborists, Inc.

CITY OF LA VERNE

PROFESSIONAL SERVICES AGREEMENT
WITH
WEST COAST ARBORISTS, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“ Agreement”) is made and entered into this 1st day of July 2025 (“Effective Date”), by and between the CITY OF LA VERNE, a municipal corporation (“ City”), and WEST COAST ARBORISTS, INC., a California corporation with its principal place of business at 2200 E. Via Burton Street, Anaheim, CA 92806 (“Vendor”).

RECITALS
A. City proposes to utilize the services of Vendor as an independent contractor to provide arboricultural evaluations, comprehensive tree maintenance and arborist services for properties it owns or maintains, including roadway medians, parkways, parks, recreational facilities, and landscapes adjacent to City facilities, as more fully described herein; and
B. Vendor represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. City and Vendor desire to contract for the specific services described in this Agreement and its Exhibits “ A” and “B”, and desire to set forth their rights, duties, and liabilities in connection with the services to be performed; and D. No official or employee of City has a financial interest, within the provisions of sections 1090- 1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY VENDOR

1.1. Scope of Services. Vendor shall provide comprehensive tree maintenance and arborist services for properties it owns or maintains, including roadway medians, parkways, parks, recreational facilities, and landscapes adjacent to City facilities according to the professional services described herein and in City’s Request for Proposals attached hereto as Exhibit “ A,” and Vendor’s Proposal attached hereto as Exhibit “B,” incorporated herein as though fully stated. Additional details include:

A. Pruning Standards and Specifications. All work shall conform to the most current versions of ANSI A300 ( Part 1) - 2008 Pruning Standards and ISA Best Management Practices ( Revised 2008).

Docusign Envelope ID: 02AC0511- A8F7- 4892- B7AA- F91429486664 Exhibit A

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B. Wildlife Protection. Prior to commencing any work, Vendor shall visually inspect trees for active bird nests or wildlife presence. No work shall proceed in a tree with an active nest without express permission from City. Vendor shall notify animal control or a licensed wildlife agency if displaced wildlife is discovered.

C. Working hours. Work shall be performed Monday through Friday between 7:00 a.m. and 5:00 p.m. No work shall be scheduled for weekends or holidays without prior written City approval. Motorized equipment shall not operate before 7:30 a.m. or after 5:00 p.m.

D. Supervision. Vendor shall provide a qualified English- speaking on-site supervisor at all times. Minimum crew: 1 senior tree trimmer, 1 tree trimmer, 1 grounds person.

E. Traffic Control. All traffic control shall conform to the California Manual on Uniform Traffic Control Devices. Vendor shall submit a traffic control plan ten ( 10) days before starting any work requiring lane closures or significant traffic impact.

F. Green Waste. All green waste generated must be recycled. Vendor shall provide weight slips and a recycling report with each invoice.

G. Tree Inventory: Vendor shall operate a cloud- based, GPS- enabled tree inventory system with access granted to City. The system shall log all pruning, removals, planting, and updates to tree data.

H. Extra Work. All extra work requires prior written City approval and must be submitted with an estimate. No extra work shall commence without a signed change order.

I. Scheduling. Vendor shall submit annual, monthly, and daily work schedules. Any deviations must be approved by City at least 24 hours in advance.

J. Weather Conditions. Vendor shall notify City immediately if inclement weather prevents work. City will determine the degree of weather impact and whether rescheduling is needed.

K. Public Notice. Vendor shall post 72- hour signage at tree sites indicating the work type and any parking impacts. Signs must be securely attached without damaging trees.

L. Tool Sanitization. All tools used on diseased or potentially diseased trees shall be sanitized between cuts using a 25% bleach solution or 100% Lysol. Bleach solutions must be fresh daily and disposed of properly — not in soil or storm drains.

M. Excavation. Vendor shall notify Underground Service Alert ( USA) 72 Docusign Envelope ID: 02AC0511- A8F7- 4892- B7AA- F91429486664 Exhibit A

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hours in advance of any excavation work. Stump grinding shall go at least 18 inches below grade and 1.5 feet beyond the stump radius.

N. Tree Planting & Maintenance. Tree planting pits shall be 1.5x the root ball width and the same depth. Root barriers shall be included when required.

Trees shall be watered immediately and maintained for 90 days. All trees must be GPS tagged and entered into the City inventory.

1.2. Professional Practices. All professional services to be provided by Vendor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices.

A. Vendor shall comply with all federal, state, and local laws, ordinances, codes, regulations, and requirements applicable to this Agreement.

Vendor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Vendor’s performance of this Agreement.

B. Vendor shall obtain and maintain during the agreement term all necessary licenses, permits, and certificates required by law for the provision of services under this Agreement, including a business license.

Vendor shall maintain valid California C-27, C-49, and C-61/D49 contractor licenses, in good standing for at least the previous seven ( 7) years.

C. Vendor shall maintain a local or regional office within a 30- mile distance of the City ( City Hall address) to ensure responsiveness, especially for emergencies.

D. Vendor’s personnel performing duties pursuant to this Agreement, including employees, agents, subcontractors, and subconsultants, shall wear identifiable uniforms with the contractor’s name/ logo, including high- visibility safety apparel per ANSI/ ISEA 107 standards for all roadway and right- of-way work.

1.3. Performance to Satisfaction of City. Vendor agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager, or designee. If the quality of work is not satisfactory, City in its discretion has the right to:

A. Meet with Vendor to review the quality of the work and resolve the matters of concern;
B. Require Vendor to repeat the work at no additional fee until it is satisfactory; and/or
Docusign Envelope ID: 02AC0511- A8F7- 4892- B7AA- F91429486664 Exhibit A

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C. Terminate the Agreement as hereinafter set forth.

D. Withhold payment for work not performed to City standards. Vendor shall correct deficiencies within five ( 5) business days of notice.

Payment will be retained until deficiencies are resolved to City’s satisfaction.

1.4. Warranty. Vendor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Vendor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above- mentioned laws, which may be incurred by reason of Vendor’s performance under this Agreement.

All work is subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California. It is understood that it is the responsibility of the Contractor to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (" DIR") pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415- 703- 4774.

Appropriate records demonstrating compliance with such a requirement shall be alwa ys maintained in a safe and secure location, and readily available at City' s request.

Contractor shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses ( including but not limited to reasonable attorneys' fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to ( i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/ or federal law, including, without limitation, any applicable federal and/ or state labor laws including, without limitation, the requirement to pay state prevailing wages and hire apprentices); ( ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/ or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works as defined by applicable law), Contractor shall bear all risks of payment or non- payment of prevailing wages under California law and/ or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/ or any other similar law. The Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.

1.5. Non- Discrimination. In performing this Agreement, Vendor shall not engage Docusign Envelope ID: 02AC0511- A8F7- 4892- B7AA- F91429486664 Exhibit A

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in, nor permit its agents to engage in, discrimination in employment of persons because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code.

1.6. Non- Exclusive Agreement. Vendor acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Vendor may engage a subcontractor( s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Vendor’s sole cost and expense.

1.8. Confidentiality. Employees of Vendor in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Vendor covenants that all data, documents, discussion, or other information developed or received by Vendor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Vendor without written authorization by City. City shall grant such authorization if disclosure is required by law.

All City data shall be returned to City upon the termination of this Agreement. Vendor’s covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. For services rendered pursuant to this Agreement, Vendor will be paid in accordance with the Compensation Schedule, attached hereto as Exhibit C”, provided, however, that in no event will the total amount of money paid the Vendor for services initially contemplated by this Agreement exceed the sum of FOUR HUNDRED FIFTY THOUSAND DOLLARS ($ 450, 000. 00) per year (“ Agreement Sum”), unless otherwise first approved in writing by Agency. Should this Agreement be renewed, the Vendor’s fee may be adjusted upon the written agreement of the parties.

Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.

Agency may request, in writing, changes in the Scope of Services. Any changes in the Scope of Services mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

2.2. Amended or Additional Services. Vendor shall not receive compensation for any services provided outside the scope of services specified in the Vendor’s Proposal unless the City Manager, or designee, prior to Vendor performing the additional services, Docusign Envelope ID: 02AC0511- A8F7- 4892- B7AA- F91429486664 Exhibit A

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approves such additional services or expenditures in writing. It is specifically understood that oral requests and/ or approvals of such additional services or additional compensation shall be barred and are void and unenforceable. City may request, in writing, changes in the Scope of Services. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

2.3. Method of Billing. Vendor may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Vendor’s services which have been completed to City’s sole satisfaction.

City shall pay Vendor’s invoice within forty- five ( 45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Vendor’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/ or audit at mutually convenient times from the Effective Date until three ( 3) years after termination of this Agreement.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the professional services to be performed pursuant to this Agreement shall commence within five ( 5) business days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/ or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties.

Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics excluding COVID- 19), material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party ( each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five 5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty ( 60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under Docusign Envelope ID: 02AC0511- A8F7- 4892- B7AA- F91429486664 Exhibit A

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this Agreement. If the parties are not able to agree on such amendments within thirty ( 30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of five ( 5) years, ending on June 30, 2030, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by three ( 3) additional one- ( 1-) year periods upon mutual written agreement of both parties.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Vendor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Vendor shall immediately stop rendering services under this Agreement unless directed otherwise by the City.

4.3. Compensation. In the event of termination, City shall pay Vendor for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Vendor.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Vendor in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Vendor, at no cost to City. Any use of uncompleted documents without specific written authorization from Vendor shall be at City’s sole risk and without liability or legal expense to Vendor.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Vendor shall, at its own expense, obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned Docusign Envelope ID: 02AC0511- A8F7- 4892- B7AA- F91429486664 Exhibit A

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policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, and approved by City:

A. Commercial General Liability. Commercial general liability, including premises- operations, products/ completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy coverage at least as broad as Insurance Services Office form CG 00 01 in an amount not less than Two Million Dollars ($ 2,000, 000) per occurrence, Four Million Dollars ($ 4,000, 000) general aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “ insured contract” language will not be accepted.

B. Business Automobile Liability. Vendor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Vendor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $ 2,000, 000 combined single limit for each accident.

C. Workers’ Compensation Insurance. Vendor shall maintain Workers’ Compensation Insurance ( Statutory Limits) and Employer’s Liability Insurance ( with limits of at least $ 1,000, 000). Vendor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers arising from work performed by Vendor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

D. Professional Liability ( Errors and Omissions, or “E&O”) Insurance. Vendor shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of 1,000, 000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Vendor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. Vendor shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.

5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:

A. Additional insureds: “ The City of La Verne and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Vendor pursuant to its contract with the City; products and completed operations of the Vendor; premises owned, occupied or used by Docusign Envelope ID: 02AC0511- A8F7- 4892- B7AA- F91429486664 Exhibit A

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the Vendor; automobiles owned, leased, hired, or borrowed by the Vendor.” B. Notice: “ Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty ( 30) days after written notice is given to City.”
C. Other insurance: “ The Vendor’s insurance coverage shall be primary insurance as respects the City of La Verne, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of La Verne shall be excess and not contributing with the insurance provided by this policy.”
D. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of La Verne, its officers, officials, agents, employees, and volunteers.

E. The Vendor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. The policy( ies) shall not contain any cross- liability exclusions.

5.3. Subcontractor Indemnity. Vendor agrees to ensure that its subconsultants, sub- contractors, and any other party involved with the project who is brought onto or involved in the project by Vendor, provide the same minimum insurance coverage and endorsements required of Vendor. Vendor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Vendor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. Failure to do so shall result in full responsibility for any liabilities arising from subcontractor performance.

5.4. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self- insured retention to provide such coverage, the amount of such deductible or self- insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self- insured retention. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

5.5. Certificates of Insurance. Vendor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. Current certification of insurance shall be kept on file with City at all times during the term of this contract and any additional length of time following the end of the contract period as required by the contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Docusign Envelope ID: 02AC0511- A8F7- 4892- B7AA- F91429486664 Exhibit A

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5.6. Primary/ noncontributing. Coverage provided by Vendor shall be primary and any insurance or self- insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.

5.7. Non- Limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Vendor may be held responsible for payments of damages to persons or property.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the vendor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

5.8. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Vendor or others providing evidence of insurance in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

5.9. City’s Rights of Enforcement. In the event any policy of insurance required under this agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Vendor or City will withhold amounts sufficient to pay premium from Vendor payments. In the alternative, City may cancel this agreement.

5.10. Enforcement of contract provisions ( non estoppel). Vendor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Vendor of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder

5.11. Notice of Cancellation. Vendor agrees to oblige its insurance agent or broker and insurers to provide to City with a 30 -day notice of cancellation ( except for nonpayment for which a 10- day notice is required) or nonrenewal of coverage for each required coverage. If any of the Vendor’s insurers are unwilling to provide such notice, then Vendor shall have the responsibility of notifying the City immediately in the event of Vendor’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non- renewal.

Docusign Envelope ID: 02AC0511- A8F7- 4892- B7AA- F91429486664 Exhibit A

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5.12. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

5.13. Timely notice of claims. Vendor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Vendor’s performance under this agreement, and that involve or may involve coverage under any of the required liability policies.

5.14. City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Vendor 90 days’ advance written notice of such change. If such change results in substantial additional cost to the Vendor, the City and Vendor may renegotiate Vendor’s compensation.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2. Representatives. The City Manager, or designee, shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Vendor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Vendor called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Project Managers. City shall designate a Project Manager to work directly with Vendor in the performance of this Agreement.

Vendor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Vendor or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: ( a) at the time of delivery if such communication is sent by personal delivery, and ( b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

Docusign Envelope ID: 02AC0511- A8F7- 4892- B7AA- F91429486664 Exhibit A

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City of Chula Vista - City Council

July 14, 2026 Post City Council Agenda
Rev. 4- 2025 12 of 17 West Coast Arborists, Inc.

IF TO VENDOR: IF TO CITY:

West Coast Arborists, Inc.
2200 E. Via Burton Street
Anaheim, CA 92806
City of La Verne
3660 D Street
La Verne, CA 91750
Tel: ( 714) 412- 4225
Attn: Victor Ramos, Vice President,
Business Development
Tel: ( 909) 596- 8741
Attn: Danny Wu, Public Works Director;
Colin Purdy, Maintenance Manager
Courtesy copy to:

City of La Verne 3660 D Street
La Verne, CA 91750
Attn: Finance Dept. - Purchasing

6.5. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.

6.7. Assignment. Vendor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Vendor’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City’s consent, no subletting or assignment shall release Vendor of Vendor’s obligation to perform all other obligations to be performed by Vendor hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless. Vendor agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Vendor’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Vendor, its employees, and/ or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Vendor, its employees, and/ or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Vendor, its employees, and/ or authorized subcontractors, and/ or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon Docusign Envelope ID: 02AC0511- A8F7- 4892- B7AA- F91429486664 Exhibit A

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City of Chula Vista - City Council

July 14, 2026 Post City Council Agenda
Rev. 4- 2025 13 of 17 West Coast Arborists, Inc.
the work performed by the Vendor, its employees, and/ or authorized subcontractors under this Agreement, whether or not the Vendor, its employees, and/ or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Vendor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Vendor’s Proposal, which shall be of no force and effect.

6.9. Independent Contractor. Vendor is and shall be acting at all times as an independent contractor and not as an employee of City. Vendor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Vendor or any of Vendor’s employees, except as set forth in this Agreement. Vendor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Vendor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Vendor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Vendor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Vendor further agrees to indemnify and hold City harmless from any failure of Vendor to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Vendor under this Agreement any amount due to City from Vendor as a result of Vendor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Vendor or any employee, agent, or subcontractor of Vendor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( PERS) to be eligible for enrollment in PERS as an employee of the City, Vendor shall indemnify, defend, and hold harmless City for the payment of any employee and/ or employer contributions for PERS benefits on behalf of Vendor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Vendor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/ or employee contributions for PERS benefits.

6.11. Cooperation. In the event any claim or action is brought against City relating to Vendor’s performance or services rendered under this Agreement, Vendor shall render any reasonable assistance and cooperation which City might require.

Docusign Envelope ID: 02AC0511- A8F7- 4892- B7AA- F91429486664 Exhibit A

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City of Chula Vista - City Council

July 14, 2026 Post City Council Agenda
Rev. 4- 2025 14 of 17 West Coast Arborists, Inc.

6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Vendor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Vendor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Vendor. City shall indemnify and hold harmless Vendor from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Vendor. Vendor shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.

6.13. Public Records Act Disclosure. Vendor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Vendor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act ( California Government Code section 7920. 000, et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 7924. 510, and of which Vendor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.14. Conflict of Interest. Vendor and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Vendor’s services under this agreement, including, but not limited to, the Political Reform Act ( Government Code sections 81000, et seq.) and Government Code section 1090. During the term of this Agreement, Vendor and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Vendor is not currently performing work that would require Vendor or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pur suant to a conflict of interest statute.

6.15. Responsibility for Errors. Vendor shall be responsible for its work and results under this Agreement. Vendor, when requested, shall furnish clarification and/ or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Vendor occurs, then Vendor shall, at no cost to City, provide all necessary design drawings, estimates and other Vendor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

Docusign Envelope ID: 02AC0511- A8F7- 4892- B7AA- F91429486664 Exhibit A

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Chula Vista City CouncilJuly 14, 2026

Chula Vista City Council
July 14, 2026