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2019/09/24 Agenda Packet
I declare under penalty of perjury that I am employed by the City of Chula Vista in the office of the City Clerk and that I posted the document according to Brown Act requirements. Dated: 91- 19 Signed: CHH OF CHUTA VISTA Mary Casillas Salas, Mayor John McCann, Councilmember- District 1 Gary Halbert, City Manager Jill M. Galvez, Councilmember- District 2 Glen R. Googins, City Attorney Stephen C. Padilla, Councilmember- District 3 Kerry K. Bigelow, City Clerk Mike Diaz, Councilmember- District 4 Tuesday, September 24, 2019 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER ROLL CALL: Councilmembers Diaz, Galvez, McCann, Padilla and Mayor Casillas Salas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 19-0454 OATHS OF OFFICE Jennifer Bustamante, Housing Advisory Commission Jay Francisco, Safety Commission Steven Goldkrantz, Historic Preservation Commission Curtis Moore, International Friendship Commission Shawan Owusu, Housing Advisory Commission Peggy Ratner, Human Relations Commission Jeff Redondo, Cultural Arts Commission Tanya Rodriguez, Cultural Arts Commission Jasmine Rubel, Board of Library Trustees Emily Tran, Commission on Aging City of Chula Vista Paye 1 Printed on 9119/2019 City Council Agenda September 24,201 . 19-0428 PRESENTATION of A PROCLAMATION COMMENDING POLICE, AGENT ELLIOTT SHAFFERUPON 20YEARS OF DEDICATED SERVICE C. 19-0424 PRESENTATION of THE SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL REGIONAL LEADERSHIP AWARD TO DEPUTY CITY MANAGER KELLEY BACON BY SOUTH COUNTY EDC PRESIDENT AND CHIEF EXECUTIVE OFFICER CINDY GOMPPER-C AVCS" D. 19-0447 PRESENTATION AND UPDATE ON SCHEMATIC DESIGN FOR HARBOR PARD AND SWEE WATER PARK AT THE,. C HULA VISTA BAYFRONT CONSENT CALENDAR (Items 1 .. 11) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmernber, a member of the public, or staff requests that an item be removed for discussion. if you wish to speak on one of these items, please fill out a "Request to speak" form 'available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1 19-0459 APPROVAL. OF' MINUTES of April 16, 2019. Recommended Action: oulncil approve the minutes. 19-0431 REMOVAL of THE FOLLOWING MEMBERS, PURSUANT To CHARTER SECTION 602 AND MUNICIPAL CODE SECTION 2.25.105 D -Measure P Citizens' Oversight Committee Member Lileana Robles -Housing Advisory Commissioner Ana Ruth Robles Environmental Notice: The activity is not a "Project 91 as defined under section 15378 of the California Environmental Quua pity Act State Guidelines; therefore, pursuant to ,State Guidelines Section 150 o c 3) no environmental review is required. Recommended Action: Council remove the members. City of Chula Vista Page 2 Printed on 911912019 2019-09-24 Agenda Packet, Page 2 of 203 City Council Agenda September 24,201 3 6119-0450 oR INANCE OF THE CITY of CHULA VISTA AMENDING CHULA VISTA MUNICIPAL, CODE SECTION 2.05.010 T'O ADD THE UNCLASSIFIED POSITIONS of FA CYBER SECURITY PROGRAM MANAGER, FA NETWORK ADMINISTRATOR 1 , AND FACILITIES FINANCING MANAGER AND TO DELETE E HE FA INFORMATION SECURITY PROGRAM MANAGER POSITION (SECOND, READING AND ADOPTION) VOTE REQUIRED) UIRE Department. Human Resources Department Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality lity Act State Guidelines; therefore,, pursuant to State Guidelines Section 15050(c)( no environmental Ireview is required. Recommended Action.: Council adopt the ordinance. . 19-0451 ORDINANCE OF THE CITY OF CHU A VISTA ESTABLISHING COMMUNITY CHOICE AGGREGATION IN THE CITY OF CHULA VISTA (SECOND READING AND ADOPTION Department. Economic [development Department Environmental Notice: The activity is not a "Project 5) as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore„ pursuant to State Guidelines Section 15060(c)(3) no environmental (review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15051 b (3) of the California Environmental Quality Act Mate Guidelines. Recommended Action: Council adopt the ordinance. . 19-0442 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL, YEAR 2019/20 GENERAL FUND OPERATING BUDGET BY APPROPRIATING $44,100 TO THE ANIMAL CARE FACILITY BUDGET FOR UNANTICIPATED GRANTS 4/5 VOTE REQUIRED) Department Animal Care Facility Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Gulide lines; therefore, pursuant to State Guidelines Section 15060 c 3) no environmental review is required. Recommended Action: Council adopt the (resolution. City of Chula Vista Page 3 Printed on 911912019 2019-09-24 Agenda Packet, Page 3 of 203 City Council Agenda September 24,201 . 19-0412 RESOLUTION OF THE CITY COUNCIL F THE CITY OF CHUL.A VISA MODIFYING, THE APPENDIX TO THE LOCA. CONFLICT OF INTEREST CODE TO ADD, THE POSITIONS OF CITY CLERK ANALYST, FACILITIES FINANCING MANAGER, AND PARK RANGER PROGRAM MANAGER, AND REMOVE THE, POSITION of FAITS OPERATIONS MANAGER FROM THE LIST of DESIGNATED EMPLOYEES WHO ARE REQUIRED TO FILE PERIODIC STATEMENTS of ECONOMIC INTERESTS Department: City Clerk Environmental Notice: the activity is not a "Project" as defined under section 15378 of the California Environmental Quality Act state Guidelines; therefore, pursuant to Mate Guidelines section 15050{c} 3) no environmental review is required. Recommended Action: Council adopt the (resolution. T. 19-0433 RESOLUTION OF THE CITY COUNCIL of THE CITY OF CHUL.A VISTA APPROVING A DECLARATION of COVENANTS, CONDITIONS, AND RESTRICTIONS BY AND BETWEEN HE CITY of C ULA 'VISTA AND VILLAGE of ESCAYA APARTMENTS, LLC, AND VILLAGE of EsCAYA MIXED USE, LLC, TO PROVIDE 30RESI D TIAL UNITS N OTAY RANCH VILLAGE 3 'To BE OPERATED As AFFORDABLE RENTAL HOUSING FOR MODERATE INCOME HOUSEHOLDS IN SATISFACTION OF THE CITY'S BALANCED COMMUNITIES POLICY Department. Development services Department Environmental Notice The activity is not a "Project's as defined under section 15378 of the California Environmental Quality Act state ulidellines; therefore, pursuant to state Guidelines Section 150o(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act state Guidelines. Recommended Action: Council adopt the resolution. City of Chula Vista Page 4 Printed on 911912019 2019-09-24 Agenda Packet Page 4 of 203 City Council Agenda September 24,2019 8. 6119-0436 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 4 (GENERAL BUSINESS FEES,) OF THE CITY'IS MASTER FEE SCHEDULE RELATING TO COMMERCIAL CANNABIS LICENSE FEES Department: Development Services Department Environmental Notice: The proposed activity, approval of fees, is not a "Project" as defined under Section 15378 of the State CEQA Guidelines and therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Recommended Action: Council adopt the (resolution. 91. 19-0409 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING, THE COMPETITIVE BIDDING REQUIREMENT AND APPROVING AN AGREEMENT WITH AP TRITON CONSULTING, LLC TO ANALYZE VALUATION AND OPTIMIZATION OF THE FIRE DEPARTMENT'S EMERGENCY MDICAL, SERVICES SYSTEM CONCERNING AMBULANCE TRANSPORTATION IN THE CHULA VISTA EXCLUSIVE OPERATING AREA, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) Department: Fire Department Environmental Notice: The activity is, not a "Project's as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action: Coulncil adopt the (resolution. 10 9-0449 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE ASSISTANCE TO FIREFIGHTERS GRANT AWARD FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING $1! ,360 I THE FEDERAL GRANT FUND (4/5 VOTE REQUIRED) This item was continued from September 101,1 20191. Department: Fire Department Environmental Notice: The activity is not a "Project'l' as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action: Council adopt the (resolution. City of Chula Vista Page 5 Printed on 911912019 2019-09-24 Agenda Packet, Page 5 of 203 City Council Agenda September 24,2019 J 9-0438 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE JAIL ENTERPRISE FUND BUDGET AND ADDING ONE DETENTION FACILITY MANAGER AND TWO POLICE SERVICES OFFICERS TO THE AUTHORIZED STAFFING LEVEL OF THE JAIL ENTERPRISE FUND (4/5 VOTE REQUIRED) Department: Police Department Environmental Notice: The activity is not a "Project as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore,, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff Comments are limited to three minutes. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City meting. Clerk prior to the mting. 12. 19-0371 CONSIDERATION OF PROPOSED INCREASES IN GENERAL SERVICE RATES, AND ANNUAL INFLATIONARY INCREASES FOR SMALL QUANTITY AND LARGE QUANTITY GENERATORS, FOR SOLID WASTE AND RECYCLING COLLECTION SERVICES BY THE CITY'S FRANCHISED PROVIDER, REPUBLIC SERVICES, AND OF WRITTEN PROTESTS AGAINST THE PROPOSED INCREASES, City of Chula Vista Page 6 Printed on 911912019 2019-09-24 Agenda Packet, Page 6 of 203 City council Agenda September 24,201 RESOLUTION of THE CITY COUNCIL F THE CITY OF CHULA VISTA ACCEPTING THE RESULTS OF THE PUBLIC PROTEST PROCESS, REGARDING PROPOSE INCREASES IN GENERAL SERVICE HATES, AND ANNUAL INFLATIONARY RATE INCREASES FOR SMALL QUANTITY AND LARGE GE QUANT 'TY GENERATORS, FOR SOLID WASTE AND RECYCLING CYCL.ING COLLECTI+ N SERVICES BY THE CITY'S FRANCHISED PROVIDER, REPUBLIC SERVICES; AND APPROVING THE PROPOSED RATE INCREASES IF THERE IS NOT A MAJORITY PROTEST 4/ VOTE REQUIRED Department: Economic Development Department Environmental Notice: The activity is not a "Project" as defined under Section 1537of the California Environmental Quality Act State Guidelines; therefore„ pursuant to state Guidelines section 15060(c)(3) no environmental Ireview is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act state Guidelines. Recommended Action.: council conduct the public hearing, receive the results of the public protest process, and if written pretests have not been submitted with (respect to a majority of the parcels, adopt the resolution accepting the results and approving the rate adjustments. ACT10N ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Council and are expected to elicit discussion and deliberation. if you wish to speak on any item, please fill out a "Request to speak" form "available in the lobby, and submit it to the city Clerk prior to the meeting. 13. 19-0197 RESOLUTION of THE CITY COUNCIL OF THC CITY of CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF c ULA VISNA AND UTILITY SERVICE PARTNERS PRIVATE LABEL, INC. FOR THE NATIONAL LEAGUE of CITIES SERVICE LINE WARRANTY PROGRAM Department: Public'Works Department Environmental Cance: The activity is not a "Project 51 as defined under section 15378 of the California Environmental Quality Act Mate Guidelines; therefore, pursuant to Mate Guidelines Section 150 o(c)(3} no environmental (review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061 b13) of the California Environmental Quality Act state Guidelines. Recommended Action: coulncil adopt the (resolution. City of Chula Vista Page 7 Printed on 911912019 2019-09-24 Agenda Packet, Page 7 of 203 City council Agenda September 24,201 14. 19-0422 RESOLUTION OF THE CITY COUNCIL F THE CITY OF CHULA VISA (1) AUTHORIZING THE, ACCEPTANCE OF $452,979 HOMELESS EMERGENCY AID PROGRAM (HEAP) GRANT FROM THE REGIONAL TASK FORCE E CSN THE HOMELESS; 2 APPROVING AGREEMENTS WITH THE REGIONAL ASK FORCE ON THE HOMELESS AN WITH NATIONAL CITY AND THE ALPHA PROJECT T IMPLEMENT THE CHULA VISTA-NATIONAL CITY REGIONAL HOMELESS PROGRAM; AN D (3,) APPROPRIATING FUNDS THEREFOR Department: Development Services Department Environmental Notice.: The activity is not a "Project" as defined under section 15378 Of the California Environmental Quality lity Act state Guiide lines; therefore, pursuant to state Guidelines Section 15060c 3) no environmental review is required. Under NEPA, the activity is exempt pursuant to Title 24, Fart 58.34(a)(2)&(3) of the Code of Federal Regulations and pursuant to the U.S. De artment Of Housing & Urban Development Environmental Guidelines Recommended Action: council adopt the (resolution. CITY MANIAGER'S REPORTS MAYOR'S REPORTS 15. 6119-0452 APPOINTMENT OF A BOARD MEMBER AND AN ALTERNATE TO THE SAN DIEGO REOIONAL COMMUNITY CHOICE ENERGY AUTHORITY THROUGH DECEMBER 31, 2020 16. 19-0457 CONSIDERATION OF A REFERRAL TO THE CHARTER REVIEW COMMISSION TO ANALYZE, AND DRAFT FOR CITY COUNCIL CONSIDERATION AT'ION A CARTER AMENDMENT THAT WOULD ALLOW CHULA VISTA "RESIDENTS" NOT JUST "QUALIFIED LECTORS" TO SERVE, ON CITY BOARDS AND COMMISSIONS 17. .19-0455 CONSIDERATION SIDERATION OF CITY ENDORSEMENT AN SPONSORSHIP OF THE 7TH ANNUAL INTERNATIONAL. ARIACHI FESTIVAL AT BAYSIDE PARD IN C HULA VISTA City of Chula Vista Page g Printed on 911912019 2019-09-24 Agenda Packet Page 8 of 203 City Council Agenda September 24,2019 COUNCILMEMBERS' COMMENTS CITY ATT' RN Y'S REPORT'S ADJOURNMENT to the regular City Council meeting on October 1, 2019, at 5.-00 p.m., in the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in, City Hall at 276 Fourth Avenue, Building A, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, andlor participate in a City meeting, activity, or service, contact the City Clerk's Office at(619) 691-5041('California Relay Service is available for the hearing impaired by dialing 71 1) at least forty-eight hours in advance of the meeting. Most Chula Vista City Council meetings, including public comments, are video recorded and aired live on AT&T U-verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista), and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at, 7 p.m. (both channels) and are archived on the City's website. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista Page 9 Printed on 911912019 2019-09-24 Agenda Packet, Page 9 of 203 C® of Chula Vista Meetinge Minutes -, Draft Tuesday,April 16,2019 5:00 RM Council Chambers 276 4th Avenue, (Building A Chula Vista, CA 91910 REGULAR MEETING CSF THE CITY COUNCIL CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to, order at 5:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: P,resento. Councilmember Diaz, Councilmember Galvez, Councilmember McCann, Deputy Mayor Padilla and Mayor Casillas Salas Also Present: Assistant City Manager Kachadoorian, City Attorney Googins, City Clerk Bigelow, and Deputy City Clerk Larrarte PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Mayor Casillas 'alas led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 191-0235 OATH OF OFFICE Jerome Torres, Planning Commission City Clerk Bigelow administered the oath of office to Commissioner Torres, and Deputy Mayor Padilla presented him with a certificate of appointment. B. 1191-0212 PRESENTATION OF A PROCLAMATION PROCLAIMING APRIL 14-20, 2019 AS TELECOMMUNICATIONS WEEK IN THE CITY OF CHULA VISTA Mayor Casillas Salas read the proclamation and Councilmember Diaz presented it to members of the Police Department. C. 118-0597 PRESENTATION OF THE CLEAN SUSTAINABILITY CHAMPION AWARDS BY THE CHULA VISTA SUSTAINABILITY COMMISSION Environmental Sustainability Manager Wisniewski and members of the Sustainability Commission announced the Clean Sustainability Champion award recipients and presented them with awards. D. 191-0111 PRESENTATION ON THE LAUNCH OF THE, CH LA VISTA CLIMATE ACTION CHALLENGE Conservation Specialist Downs gave a presentation on the item. City of Chula Vista Page 1 2019-09-24 Agenda Packet, Page 10 of 203 City Council Meeting Minutes-IDraft April 16,2019 E. 19-0077 PRESENTATION CSF A PROCLAMATION TO CITY FORESTER SAM OLUDUNF'F PROCLAIMING FRIDAY, APRIL 26, 2019 AS ARBOR DAY IN THE CITY OF CHU! A VISTA Mayor Casillas Salas read the proclamation and Councilmember McCann presented it to City Forester Oludunfe. F. 191-0203 PRESENTATION OF A PROCLAMATION PROCLAIMING APRIL 22-28, 2019 AS MARITIME WEEK IN THE CITY OF CHULA VISTA Mayor Casillas Salas read the proclamation and Councilmember Galvez presented it to Susan Johnson. Susan Johnson, representing South Bayfront Sailing, spoke regarding the new cadets, a new Discovery Center display, Maritime bays, a collaboration between the Tijuana Estuary and they Natural history Museum, and,she thanked the Council for its,support. G. 191-0237 PRESENTATION BY AMERICAN RED CROSS OF SAN DIEGOIIMPE IAL COUNTIES' REGIONAL CHIEF EXECUTIVE, OFFICER SEAN MAHONEY REGARDING "SOU THF ALARM - A FREE SMOKE ALARM INSTALLATION ATION ROGRA IN CHULA VISTA ON MAY 4 Fire Chief Leering and American Red Gross Regional Chief Executive Officer Sean Mahoney gave a presentation on the item. H. 19-0239 PRESENTATION OF' A PROCLAMATION PROCLAIMING AY 1, 2019 AS "LAW DAY" IN THE CITY OF CHULA VISTA WITH A PRESENTATION ON T E 201 LA J DAY 'THEME OF "FREE SPEECH, FREE PRESS, REE SOCIETY" BY CITY ATTORNEY (GLEN GOOGINS Mayor Casillas Salas read the proclamation and Deputy Mayor Padilla presented it to City Attorney C'ocgn,s and City Librarian Whatley, who both spoke regarding the item. CONSENT CALENDAR (Items 1 - 7) Item b was removed from the Consent Calendar at the request of a member of the public. 1. 191-0240 APPROVAL O1= MINUTES of December 11, 20,1 8. Recommended Action: Council approve the minutes. 2. 191-0233 ORDINANCE NO. 3455 OF THE CITY OF CH LA VISTA AMENDING CHUL-A VISTA MUNICIPAL CODE ,SECTION 2.60, LOST AND STOLEN PROPERLY, TO CHANGE THE TITLE, MINIMUM HOLDING PERIOD AND TO MADE OTHER UPDATES CREADING AN ADOPTION) Recommended Action: Council adapt the ordinance. City of Chula Vista Page 2 2019-09-24 Agenda Packet, gage].1 of 203 City Council Meeting Minutes-IDraft. April 16,2019 . 19-0234 ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTERS 3.60 AND 3.61 TO THE CHULA VISTA MUNICIPAL. CODE RELATING TO COMMUNITY FACILITIES DISTRICTS GENERALLY AND THE BAYFRONT PROJECT SPECIAL. TAX FINANCING DISTRICT (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. 4. 18-0275 RESOLUTION NO 2019-055 OF THE CITY COUNCIL. OF THE CITY OF CHULA VISTA ACCEPTING BIDS; AWARDING THE CONTRACT FOR THE ADVERTISEMENT OF THE ";STREET PAVEMENT REHAB PHA, 11 - MEASURE P (CIP# STL 0430)y1iPROJECT TO EAGLE PAVING COMPANY, INC., DOING BUSINESS AS TORO ENGINEERING, IN THE AMOUNT OF $8,977,371.26; AMENDING THE INFRASTRUCTURE, FACILITIES, AND EQUIPMENT EXPENDITURE PLAN; AND MAKING VARIOUS AMENDMENTS TO THE, FISCAL YEAR 201 /19 OPERATING AND CIP PROGRAM BUDGETS AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) UIRED) Recommended Action: Council adopt the resolution. Item 5 was removed from the consent calendar. . 19-0217 RESOLUTION NO. 2019-057 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT, 'THE CITY OF CHULA VISTA AND COLANTUONO, HIGHSM TH & V' HATLEY, P.C. FOR LEGAL SERVICES IN CONNECTION WITH THE BAYFRONT HOT - CONVENTION CENTER PROJECT Recommended Action: Council adopt the resolution. . 191-0236 RESOLUTION NO. 2019-058 OF THE CITY COUNCIL O1= 'TL-I1= CITY OF CHULA VISTA APPROVING THE PURCHASE OF THREE TYPE VI SQUAD RESPONSE APPARATUS FROM EMERGENCY VEHICLE GROUP, INC. IN AN AMOUNT NOT-TO-EXCEED 967 02 Recommended Action: Council adopt the resolution. Approval of the Consent Calend r ACTION: A motion was made by Mayor Casillas Salas, seconded by Councilmember McCann, to approve staff's recommendations on the above Consent Calendar items, headings read,text waived.The motion carried by the following vote: Yes: 5- Diaz, Ga lvdez, McCann, (Padilla and Casiillas Salas INo: 0 Abstain: 0 City of Chula Vista page 3 2019-09-24 Agenda Packet, gage 12 of 203 City Council Meeting Minutes-IDraft. April 16,2019 ITEMS REMOVED FROM THE CONSENT CALENDAR 5. 19-09 56 RESOLUTION NO. 2019-056 OF THE CITY COUNCIL OF THE CITY OF CF ULA VISTA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2019/20 FUNDED BY SB 1: 'THE ROAD REPAIR AN ACCOUNTABILITY ACT OF 2917 RMRA Maty Koczot, Chula 'Vista resident, expressed concern regarding drainage in the area of Sea 'Vale ,Street and Del Mar Avenue, and requested the project in that arca be expedited. She also submitted Written communications. ACTION: A motion was made by Mayor Gasil as Salas, seconded by Gauncilmember McCann, to adopt Resolution No. 20191-056, heading read, text waived. The motion carried by the following vote: Yes: 5- Diaz, Ga vez, McCann, (Padilla and Casl las Salas No: 0 Abstain: o PUBLIC COMMENTS NTS There Were none. PUBLIC HEARINGS . 191-9175 CONSIDERATION OF ACCEPTANCE OF A REPORT REGARDING 291912929 FUNDING REQUESTS AND, RECOMMENDATIONS FOR THE HOUSING AND URBAN DEVELOPMENT HU FEDERAL GRANT PROGRAMS (COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS ACT, AND EMERGENCY SOLUTIONS GRANT Notice of the hearing Was given in accordance With legal requirements, and the hearing Was held on the date and no pearlier than the time specified in the notice.. Senior Management Analyst Davis presented the item. Mayor C"asillas Salas opened the public hearing'. There being no members of the public Who Wished to spear, Mayor Casllas galas closed the public hearing. Staff answered questions from the Council. ACTION: A moti©n was made by Councillmemlber C alvez, seconded by Councillmemlber McGann,to accept the report.The motion carried by the following vote: Yes: 5- Diaz, Galve,z, McCann, (Padilla and Casillas Salas INo: Abstain: 0 City of Chula Vista Page 4 2019-09-24 Agenda Packet, gage 13 of 203 City Council Meeting Minutes-IDraft April 16,2019 ACTION ITEMS 9�. 19-0969 RESOLUTION NO. 2919-059 OF THE CITY COUNCIL OF THE CITY OF CF ULA VISTA APPROVING THE REAL PROPERTY PURCHASE AND SALE AGREEMENT FOR 224 THIRD AVENUE BY AND BETWEEN THE CITY OF CHULA VISTA AND TECTURE RED, LLC. Mayor Casillas Salas stated she would abstain from voting on Item 9 due to a potential property-related conflict of interest and she left the dais during discussion and voting on the item. Economic Development Director Crockett and Tecture Inc. Principal Slade Fischer gave the presentation and answered questions from the Council. ACTION: A motion was made by Councilllmemlber Galvez, seconded by Co ncillmemmer McCann to adopt Resolution No. 20191-059', heading read, text waived. The motion carried by the following vote: Yes: 4- Diaz, Galvez, McCann and Padilla No: 0 Abstain: 1 - Casillas Salas Mayor Casillas,alas returned to the dais. 10. 191-0207 PRESENTATION AND DISCUSSION OF THE CITY'S FISCAL YEAR 2921 - 2939 LONG-TERM FINANCIAL FLAN Finance Director Bilby and Budget Manager Prendell,gave a presentation on the item. Staff answered questions from the Council. Council discussion ensued.. There was consensus of the Council to accept the report. There was consensus of the Council to direct staff to develop a comprehensive plan for Council consideration to establish public safety staffing standards and long-term financial options to meet the standards. CITY MANAGER'S REPORTS Assistant City Manager Kachadoorian spoke regarding her attendance at the Smart Cities Week Conference, at which multiple Chula Vista programs were discussed, and she commended the Chula Vista Police Department on its drone program. City of Chula Vista Page 2019-09-24 Agenda Packet, gage 14 of 203 City Council Meeting Minutes-Draft April 16,2019 MAYOR'S REPORTS 11. 1 -0224 RATIFICATION OF' APPOINTMENT OF PEDRO ORSO-DELGADO TO THE SAFETY COMMISSION ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Galvez, to ratify the above appointment. The motion carried by the following vote: Yes: 5- Diaz, Galvez, McCann, (Padilla and Casillas Salas INo: 0 Abstain: Mayor Casillas Salas reported on her participation on a recent Mayor's panel and her attendance at the Investiture of Adela de Ia Terre, President of San Diego Mate University, the Spring Fiesta on Third Avenue.- the Feaster Charter Scheel Career Fair, and Smart Cities Week conference.. She spoke regarding the City's Community Choice Energy feasibility study that was underway.. COUNCILN"MEM BERS" COMMENTS Councilmember Galvez spoke in support of installing banners on Third Avenue to honor Veterans. She reported on her attendance at San Diego State university where Mayor Casillas Salas was recognized as Leader of the Year. Councilmember Galvez spoke regarding hosting a Broadway Business fixer with Councilmember Diaz and the Institute of Public Strategies. She thanked the American Iced Cross, extended Easter greetings to the community, and promoted Maritime week. Councilmember Galvez congratulated Chula Vista Police Agent Myers, Sergeant Briles, Acting Sergeant Brown, and Lieutenant English on their recent promotions. Deputy Mayor Padilla invited members of the public to Coffee with a Councilman. Councilmember McCann spoke regarding his attendance at the Employee Engagement Lunch, the Chula Vista Police Department ceremony for promotions and new officers, and a Chamber mixer. Councilmember Diaz spoke regarding autonomous police vehicles and the possibility of their use in the future. Mayor Casillas Salas offered condolences for the destructive fire at the Notre Dame Cathedral. CITY ATTORNEY'S REPORTS There were none. ADJOURNMENT The meeting was adjourned at 7.45 p.m. Prepared by.-Leah L.arrarte, Deputy City Clerk Kerry K. Bigelow, MMC, City Clerk City of Chula Vista Page 6 2019-09-24 Agenda Packet, gage 15 of 203 I T 1 L spun" is m"MENT A A0""* Eft' ww"f& 0 1A io, Tt /A(i N uA :5 b CITY OF C H'U LA V I STA September 24, 2019 File ID: 19-043,1 431 .T , REMOVAL of'SHE FOLLOWING MEMBERS,PURSUANT'TO CHARTER SECTION 602 AND MUNICIPAL CODE SECTION 2.25.105(D) - Measure P Citizens' oversight Committee Member Lileana Robles (Alliance of Californians for Community Empowerment Representative) - Housing Advisory Commission Member Ana Ruth Robles ('"tenant Representative) RECOMMENDED ACTION Council remove the members. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CE'QA Guidelines because it will not result in a physical change in the environment- therefore, pursuant to Section. 15060(c)( ) of'the State CFQA Guidelines, the activity is not subject to CEQA."Thus,no environmental review is required. DISCUSSION Chula Nista Charter section 602 and Municipal Code (CVMC) section 2.25.105(D) provide for members of City boards and commissions to be removed by at least three affirmative votes of the City Council. CVMC section 2.25.105(D) requires that a Council subcommittee comprised of the Mayor and Deputy Mayor monitor attendance and training records,and reports of the following situations: a. Absence from more than 50, percent of the meetings of the board or commission in one fiscal year,whether or not excused by a majority vote of its members; b. Unavailability or conduct which interferes with the board or commission's ability to conduct business, c. Failure to attend training sessions mandated by the City; d. Violation of any City policies or City, state or federal regulations that are the subject of mandatory training sessions; or Pzige 1 2019-09-24 Agenda Packet, gage 16 of 203 Prior to the Subcommittee making a recommendation to the full Council for a vote on the removal of a member for cause,the member is notified and provided a reasonable opportunity to submit an explanation for the Subcommittee and Council's consideration. The Subcommittee net on August 5, 2o19 to review the annual attendance and training records, and submitted reports. At that time, the subcommittee directed staff to contact certain members with a notice of potential recommendation to the City Council for removal for cause and provided the members two weeks to submit an explanation. No reply was received from the following members after multiple attempts to contact them and, at its meeting of August 27, 2019, there was consensus of the Subcommittee to recommend to the full City Council that they be removed for cause: Measure P Citizens' Oversight Committee Member Lileana Robles (Alliance of Californians for Community Empowerment Representative) Housing Advisory Commission Member Ana Ruth Robles ('"tenant Representative) Attendance records for the past three years and reports for these members are included as Attachment 1. Attachments: 1. Attendance records and reports Staff Contact:Leah Larrarte Pzige 2 2019-09-24 Agenda Packet, Page 17 of 203 REQUEST Eo SUBCOMMITTEE, RETIE BOARD/COMMISSION/COMMITTEE , MEMBER. The Municipal Code' allows for a Council subcommittee to monitor City board/commission/committee attendance and training records, as well as reports of situations described below for potential recommendation to the City Council fur removal of a member for cause. Prior to the subcommittee making a recommendation to the full Council fora vote on the removal of a member,the member will be notified and provided a reasonable opportunity to,submit an explanation. Member Name: L es Board/Commission/Committee: Please indicate the reason f or the request to review the member for potential removal and provide details in the Comments section below: X Unavailability o,rconduct which interferes with the board or commission's ability to conduct business. E Failure to attend training sessions mandated by the City. Training session/topic:.. Date Due: (I'nComments section,describethe effortsnade to notfymember fthe training requirement) 11 Violation of any City policies or City,, state or federal regulations that are the subject of mandatory training sessions. Comments: Tv\.e � fh eb, P A #L Submitted by: rVol Name: Title: Signature:—s - "" �31 Date- CVMC 2.25.105 (D) Request far Ryvlew of BoarCo mnilssion/Co mmittm Member Form 2019-09-24 Agenda Packet Page 18,of 203 Annuai Report of Board Commission Attendance Fiscal Year: 2018-2019 KEY: P-Present NA-flat yet appointed Board/Commission: Measure P Citizens' Oversight Committee E-Excused C-Meet in Cancelled Department: Finance U-Unexcused Tota[# of meetings: 4 Q-Cancelled due to lack of quorum uww -7 RWPWVP�) -ffl�wwmwpp ffil"I Mom .............................. ........... 0 *Iry Of Or 4. Qj vi Q; CL Q5 "SIM' or S Q C) VIII Z " lu 4�. ov, 0 1 1 li 3 weer Dote ► ► ........... WWI ............................................... .................................. ............... ............ P N/A P 7/26/2018 N/A P P P P P E E P U E E ..................... ....... .......................-.......I& 6 F (............I-`.............-;. IF, 3.1/1/Z018 P P P P U P E P P U P P P PN/A E Ll 11/2019 P P P P P P U P P U E U P I E P P =II Uffl� iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilloilli�illillilliillillilliillillillillillillilliillI ho Im MINOR=iffill IBM 4 .............. ... '1 6. U U U Nah P P 4/25/2019 U U U P P P P 1�PIONVES000101��Millillillillillillillillillillillillillilliilillillillilli�V�I WA,ar&((W�W(WNWROMM9999r, .................. .....................................................................a P I I milill..Illllllllllllllllllllillillillillillillilllih WhIMU&I" ......................... .......... 25% 0% 25% 0% 25% 25% 100%— 50% 0% 100% 50% 50% 25% 25% 0% 25% 0 0 1 Absencesl-7 Comments 2019-09-24 Agenda Packet Page 19 of 203 Annual Report of Board Commission Attendance Fiscal Year: 2018 KEY: P-Present NA-Not yet appointed Boa rd/Commission: Measure P Citizens' Oversight Committee E-Excused C-Meeting Cancel led Department : Finance U-Unexc used Total #of meet ings: 5 Q-Can cell e d due to lack of quorum 1 1111111 1 ....... ti 11L 0 10 0 �� CL (Z; 0 Q; 33, 0 j G ro AZI 0 0 0 JIZ .41 I D Meeting Date /7 0 iVillillillillillillilliillillillillillillilliillillillillillillilliillillilliillillillillillillilliillillillillillillilliillillillillillillilI imillillillillillilliillillillillillillilliillillillillillillilliillillilillllillillillillillillilliillillilillillilI iiiiiiiiiiiiiiiiiiiiiillillilillillillill�IAIINIIIIIIIIIIIIII III,11h MEMINNI I WI NO I AI I I on I A I I 10 NO"I I affl I A I I I I(Al I I I I I I I I 10 1 WE MI I MI H"I I MI kkkk �a'I MI IUMINIIIIIIIIIIIIIIIIMINR�ilill�l�I P 7/27/2017 P P P E P E P P P P NA E E P E 9/ ....... .. ..... ... . ............................. ...... ........ 28/2017 E P .................. E E P E P P P NA E P P P P D 11/30/2017 E P P P P E P P 11 P P E P P WNmWPU.................. WWWW ............. 1/25/2018 P P P P P P U U E P P 111,1,El"1, P P I I I i - ................... .................. .... ...... .................. 26 2018 U U U P P P P P P U P P P P P ............. J nn mmwmrvmm�mwlmmlmmmmmFwmmmm�lrinmmm�mmmrvmlmm�mmmllmml �............. .............................................. ................... ............... .. .................................... , ................................................................... ............................................. ............ .................................... -............ ...-,.......................... wh�)A 3I11111W WIN .................. ,.,,,,,... f1,11111111111111111111illillilliillillillillillillilliillillillillillillillilillillillillillillilliillillilillililillif� .................. ,moi ,,,,,,nl .L(.-....................................... ................................................ ...................................... ---------------------7 ......................wrrrrrnolwwuwl WwmwwUU1111111111111111111111 dia ------ 60% 0% 40% 60% 0% 40% 50% 40% 0% 40% 40% 20% 20% 60% 0% 20% 0 0 2 1 3 1 [::�O:T 01 2 #Absences=3 Comment s: Unexcused absences will be on the July 26, 2.018 agenda., 2019-09-24 Agenda Packet Page 20 of 203 Ann Report of Board Commission Attendance Fiscal Year: 2016/2017 KEY: P-Present NA -Not yet appo inted Board/Commission: Measure P Citizens' Oversight Committee E-Excused C-Meeting Cancelled Department : Finance U-Unex cured Total# of meetings 2 Q-Cancelled due to lack of quorum Imm�WIIIIIIIIIIIIIIIIIIIIIIIIIIo�IOIIIIIIIIIIIIIIIIIIIII�IIWmoIIIIIIIIIIIu�I I......I...I 11111111111,1,11111111111 11 1............... .........I.I Q) Q.) 0uP AIIIIII; X M (ZI 0 Qj Z� qj 0 �O "I* I t il 0 %1Z l� 0 Qj 0 0 6 ro 01�/ -0 / -I 1 1111!%4 t 0 1%4 / 0 •4Z 0 0 '40 Cr 0 X? Ae , ':�; T ................................MRIV���'TROPYR, "I"I"I"I"I h�fff �1)NHNM901111h, MEW ',WW�hhffl OWN, 931hih, 669IMNOWN Mahl�WIQW&��A Meetf ng Ocite 4? A-I 3/28/2017 P I P P P P P P P P P P P P E P P 1111WAIN1111 1111 WWWWWOM I......... .............. .....................-....................................................................... ..–.................................................... ...................... ............. ........... "I"I......................... P A* P P P P P P P A* M........................M11111111111"I"'111111111'1111811111111111'/1"1 21""1 111 ........... "I"I......................... ................. 4/ 017 R P P P P P ..-............. Meeting Dates ............-........................... RlYMMMMMI Opmr," M, W;"w7m,�–Mrm Meeting Dates ............... ........................................ .................................................................................... 'I'——... ........................ ........................ ..... Meeting Dates «MMrrrrrrr I OW Wad ffuurr19(( -I.I. ......... f Meeting Dates .........................","""'""""l........... ............. ..........-........ .................................. —------.......................... ............ ........ Meetingfr Dates .www .......... .......... nrimmnnnnmrmnrrmrYa..... Meeting Dates Meeting Cates --,)— II Meeting Cates Meeting Dates I'll,...................."I.................... -............... ...... Meeting Dates t ..................... .............................. -——----- Meeting Dates Meeting Dates Meeting Dates Meeting .......................... ............... .............. S ...................I..— AhhhAih. ............... g Date 0% 0% 0 yo 0% 0% 0% 50YO 0% 0% 0% 0% 0% 50% W/0 50% ............... 0 D #A0 0 0 0 0 0 1 0 1 0 bsences T-6111 0 Comments: A*Absent from meeting, excused or unexcuse d M11 not be determined until next commission meeting on 7/27/17. 2019-09-24 Agenda Packet Page 21 of 203 REQUEST FOR SUBCOMMITTEE REVIEW OF BOARD/COM MISSION/EOM MITTEE MEMBER The Municipal Code' allows for a Council subcommittee to monitoi City board/commission/committee attendance and training records as well as reports of situations described below for potential recommendation to the City Council for removal of a member for cause. Prior to the subcommittee making a recommendation to the full Council for a vote on the removal of a member, the member will be notified and provided a reasonable OPPOI`Wrlityto submit an explanation. ........../ H� � Member Name-, 7V Board/Commission/Committee: Please indicate the reason f-or the request to review the member for potential removal and provide detail s in the Comments section below: Unavailability or conduct which interferes with the board or commission's ability to conduct bUsiness. 1111,111,11 Failure to attend training sessions mandated by the City. Training session/topic: Date DLie: (In 'on mens section, describe the effort snade to notify member ofthe training reqtfirement.) II Violation of any City policies or City, state or federal regulations that are the subject of mandatory training sessions. Comments: ..................... t__.:.........( .......... .......... ......... "71 e.......... 10 ................... 4�I o�,.;� uIIV �s,��u" �r .�u II. IIS"..�„.�+" n ,n1 pw viii ............. IVW It ........................ ............�7 INSe 1.4 t f Submitted by: Name: Title: ...... ....... rarc r..-=Z^. ............................. S ig O"-a Date: CVC 2.25.105 [D] 111111EIis�ii,)/Cclinlin e A liLN 2019-09-24 Agenda Packet Page 22 of 203 Annual Report of Board Commission Attendance Fiscal Year: 2018/2019 KEY; P-Present NA-N" of yet appointed Board/Commission: Housing Advisory Commission E-Excused C-Meeting Cancelled Department -. Development Services Dept., Housing U- nexcused To'al# of meetings held: 1 Cancelled due to lack of quorum li (V 0 0 1 ZZI < ra ra / Meetfng Date Ile .. .............. ................. C . .......... -qk,T,_43- 7/25/2018 C C C C C C NA NA -.......... 9/26/2018 P P P U P U P NA NA ................ ...................... .................. ......... -...... 10/24/2018' C C C C C C C NA NA .... .... IyIyII 1/23/2019 NA NA 6 ............A -.................. ............ ...... ............... ................... 4/24/2019, NA NA jk�mjjjjjmI�j IjffimjmImIfflffiI§[�fl Q Q Q Q Q Q Q V)IllllmlllllmnnnnnllIIIIIMIIW)))))))"�)))))))Y))P""""""'ll""I %Absences 0% 0% 0%-r- 100% 0% T_ 100% 0% --r- 0% _7_ 0% T IT #Absence4 0 1) ............ 0 1 ........1.11, 0 1.111. 1 0 "1............!L�ll�Illillillillilllllllll1111 0 Ill wwr ...................... Comments: Member Robles has been non-responsive at attempts to contact for meetings. With the 1 vacancy and non-responsiveness of Member 2019-09-24 Agenda Packet Page 23 of 203 Annual Report of Board Commission Attendance Fiscal Year: 2017/2018 P-Present NA-Not yet appo inted Board/Commission Housing Advisory Commission E-Excused C-Meeting Gan cell ed Department: DSD, Housing U-Unexcused Totaltt of meetings held 2 Q-Cance1ed due to lack of quorum ........................WAAA,6f'6............. .................................... .............................................................................................................................................................................................................................................. ........ .............................h, .0 Cr 0 .0 COO Jz! V ail 16 %av - 41 6 4� Q; MINA Meeting; L)ate COT -.4 4QC A........ 4? T4e �,�& 'I MMM"I IMSPROMPH hmWW'11111111110IM1111m) W111,10"'(0011 WIMWIWIWIMII�,i mm(do(do W (NOWNWOM ......................................... t7/ ...... WONSPROMMINIF I I I I I�j NMI IMIM w"MiffiEffin WSPOW, �illillillillillillilliillillillillillillilliilln%)))IlllllllllllillillillilliillillillillillillilliillillilillilllllllllllI Q 1 1, f Q Q Q Q 4 ........... ............ Wpy)"Rffl��R)Mffifflffl)ffl MR)MV W,"I"I"I"I I��)NMNMNMR 1017 IU C C C C C C C C M�MMM)POMW ffiffiffliffliffSAWMIN (11""..IlllllllllllllllllllililI 11 1111111111111111111111,11"1,1,11 .............. ................. ...............I......... i.............................. ............................. ——..-..- .................www.... -------.. 17 P P E P U P P I. .......... 1/24/2018 Q Q q,..OpffiffiffifflIMMORNq, .11,111,111,111,1111,illillillillillillilliililig millillillilillillillillilliillillillillillillilliillillillillilIWW"I"I WON "I Mum,,(, 4/25/2018 P P E P P P U P ....... ON"I MIMI"I"I WN"I WIMI"I"I"I"I M ............. ................. 6/ Q Q Q .. ........ ....... ......... www. .......... ..... wor 26/2018 i�q ........ ............... ................................................... ................... ........ 6)mmwammsm VROMMON, ............ ........... ........... ............. ....................................... ....................................... ff II T' MMM�M, I 9MMI fflffiffiffiwWw",#I ................. "I"Iffew whdwalws ..........."I',"",................."I',"", ,(6 .............. ..................... ............ ...................... ........................................................................................... .........................................................................rnrrrrrr............................. .................................................................................................................................www ............................................................... ...................................................................... ....................... rO .......................... "I"I MwiUNww'rvwwvUjfflvvWw'm'I'mv "I"I NER021"I MEN, Wfl�WA plfflffly�,rM, 19W�-1�111�1111 ........... .............. ow ............ '"MMM, P Yo Absences 0% 0% 0% 100% 0% 50% II W,I'I'a .............. "I I #Absence F 2 2 0 0 1 0 .............................../ .............1, o s ....... ................. T...... ...........................I (............. .............................. ....... ........................ ................. .............................................. ........... Comments -. 2019-09-24 Agenda Packet Page 24 of 203 Annual Report of Board Commission Attendance Fiscal Year,- 201612017 P-Present NA-Not yet appointed Board/Commission: Housing Advisory Commission E-Excused C- Meeting Cancelled Department: DSD, Housing U-Unexcused Total# of meetings held 2 Q-Can ce 11 ed du e to la c k of quorum .............. ..................................... 0 0 4 Qj .0 Cr rtrQj No-" Ice 'Meeting Dote 1-0,. 4? -%01, Q3 7/27/2016 C C C C C C C NA NA 8/23/2016 Q Q Q Q NA Q Q NA 10/26/2016 C C r C C NA C C NA 1/27/2017 E P P P NA U U P ............................ ............................. ................ I.......... 4/13/2017 P P E P NA U P P 4/26/2017 C C C C NA C CC .............. . ..................................................... ................. -—--------------- ...... -—--------------- .................................... L....................................... ................................................................................................................................................................................ ................................ ............................................. ................................................... ........................... Al am.................... "I 64k,"466 11, 1,WWWWWWWWWRI A(IN .............. ............................. iA6ww6"&(W", i KIM,,( .......... ....... ..................... ................. ..........h..."......... ........................ %Absences 50% 0 50% 0% 0% 100YO 50% 00/0 0 0 2 1 1. 0 J #Absenc 0101 .............. 1NY/!R!M%WWWN'tlIIIIIIIIIIIIIIIIIWIVIVWN'nIImIMWWWIWU 11111111111111111 2019-09-24 Agenda Packet Page 25 of 203 I T 1 L spun" is m"MENT A A0""* Eft' ww"f& 0 1A io, Tt /A(i N uA :5 b CITY OF C H'U LA V I STA September 2 , 2019 File IIS: 19-045 . TF L ORDINANCE OF; 'THE CITY OF C ULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTIO 2.05 010 TO ALT SHE UNCLASSIFIED POSITIONS OF FA CYBER SECURITY PROGRAM MANAGER, FA NETWORK ADMINISTRATOR III, AND FACILITIES FINANCING MANAGER AND To DELETE TIFF F' INFORMATION SECURITY PROGRAM MANAGER POSITION (SECOND READING AND ADOPTION) 4,/5 VOTE REQUIRED) RECOMMEND ..� w ACTION Council adopt the ordinance. SUMMARY In ars effort to address the needs of various departments and the City's workforce, the Human Resources Department,in conjunction with the affected departments,is proposing the addition and deletion of certain classifications. Staff is also recommending approval of the revised Fiscal Year 2019-2020 Compensation Schedule. effective September 1 , 2019. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality pct (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 1.5060 c 3) of the State CEQA Guidelines,the activity is not subject to CEQA. "T"hus,no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Measure A Citizens' oversight Committee (COC)reviewed and approved the addition of the two Digital Forensics 'Technician II positions at their July 1.1., 2019 meeting, in compliance ,with the Measure A Expenditure Plan. DISCUSSION 1 Classification.Plan Changes Civil Service Rule 1..02(A , which applies to the City's classified positions, provides for necessary reviews and changes so that the City's classification plan is kept current, and that chanes in existing classes, the establishment of'n.ew classes, or the abolition of classes are properly refected in the classification plan.. Page 1 2019-09-24 Agenda Packet, gage 26 of 203 In an effort to address the needs Of various departments and the City's workforce, the Human Resources Department, in conjunction with the affected departments, is proposing certain position changes. The following identifies,the department,affected positions and proposed changes. Department Position Title FTE Finance Accounting Assistant -1-00 (General Fund) Fiscal and Management Analyst 1.00 Community Services Fiscal Office Specialist 1.00 (General Fund) Police Digital Forensics Technician 11 2.00 (Measure A Fund) Senior Civil Engineer 1.00 Public Works Inspector 11 2.00 Engineering Associate Engineer 3.00 (General Fund*) Storm Water Compliance Inspector 11 1.00 Senior Engineering Technician 1.00 Associate Engineer 1.00 Engineering(Sewer Fund) Associate Engineer -1-00 Public Works Senior Fiscal Office Specialist -1-00 (General Fund) Senior Office Specialist 1.00 Engineering Technician 11 -1-00 Development Services Development Services Technician 11 1.00 (Development Services Fund) Building Inspector 11 3.00 Facilities Financing Manager 1.00 Total City-Wide Position Changes Net Increase/Decrea,se) 15.00 The Engineering Department staffing changes will be reimbursed to the General Fund from the Capital Improvement Program (CIP)and other funding sources. Summary of New Classificati'ons Position Title Bargaining Group E Step Digital Forensics Technician I ACE $2,404.13 hi weekly Digital Forensics Technician 11 ACE $2,764.75 biweekly Facilities Financing Manager Senior Management $4,601.72 hi weekly 2. Compensati'on Schedule Requirement P g e 2 2019-09-24 Agenda Packet, Page 27 of 203 California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of'determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements and be approved by the governing body in accordance with the requirements of the applicable public meeting laws. The revised Fiscal Year 2019-2020 Compensation Schedule ("Compensation Schedule") was last approved by the City Council at their meeting of August 13, 2,019. This item ensures continued compliance with California Code of' Regulations, Title 2, Section 570.5, by ensuring the City has an up-to-date,publicly approved Compensation Schedule. 3. resolutions Approval of Resolution A will approve the addition and deletion of various position titles and amend the authorized position count in the Finance, Community Services, Development Services, Engineering and Police Departments with a net increase to authorized staffing (Community Services, Development Services, Engineering and Police only). Approval of Resolution B will approve the revised Compensation Schedule effective September 13, 2019 to reflect the addition of'the Digital Forensics Technician 1, Digital Forensics Technician 11, Facilities Financing Manager and Development Automation Specialist position titles. The Development Automation Specialist position title was, approved in the Fiscal Year 2019-2020 budget but inadvertently not included in the Fiscal Year 2019-2020 Compensation Schedule. 4. rd mance Chula Vista Municipal Code Section 2.05.010 also needs to be updated to reflect the position changes impacting the unclassified positions. Chula Vista City Charter Section 500 requires that all unclassified positions not mentioned specifically in Charter Section 50O be adopted by ordinance. Adoption of the ordinance will add the position title of Facilities Financing Manager, F'A Network Administrator III and FA Cyber Security Program Manager and delete the position title of FA Information Security Program Manager. DECISION-MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial,secretarial,manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, Section 18702.4(a). Consequently,this item does not present a conflict under the Political Reform Act (Cal. Govt 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. LINK TO STRA'TEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community.'The position changes support the City-wide strategic goal of Operational Excellence by providing more accurate position titles that better reflect the needs of the City's workforce. Furthermore, approval of the revised Fiscal Year 2019-2020 Compensation Schedule and its posting on the City's internet website supports the goal of' Operational Excellence as it enhances disclosure and transparency of employee compensation and, as a result, fosters public trust through an open and ethical government. Pzige 3 2019-09-24 Agenda Packet, Page 28 of 203 CURRENT-YEAR FISCAL IMPAC 111r The estimated current year net fiscal impact (all funds) for these items is approximately$73,600. There is no General Fund fiscal impact as a result of this action. The Finance Department staffing changes will be paid out of the Measure A Support allocation received inthe General Fund for services provided to the Fire Department, and the Engineering Department staffing changes will be reimbursed to the General Fund from the Capital Improvement Program (CII') and other funding sources. The Community Services Department staffing changes will be paid from personnel savings in hourly wages in the department budget within the General Fund.The Public Works position changes will have no fiscal impact on the General Fund and just a change in the position title. The Measure A Fund negative fiscal impact is approximately$187,900 for the addition of 2.0 positions,the Sewer Fund will have a cost reduction, or positive fiscal impact, of approximately $122,3010 due to the transfer of 1.0 position to the General Fund. The Development Services Department staffing changes will be full revenue offset,resulting in no fiscal impact to the Development Services Fund. No additional appropriations are requested as this time, staff will request additional appropriations as part of the Quarterly Financial Report. ONGOING FISCAI.AMPACT There are no ongoing general fund impacts as the departments are utilizing existing funds or reimbursements from other funding sources to add or reclassify positions. Funding for non-general fund positions are offset by Sewer Fund, Measure A or Development Services Fund revenues. ATTACHMEN'TS 11. Revised Fiscal Year 2018-20,19 Compensation Schedule Effective September 13, 2019 Staff Contacts.- Courtney Chase, Director of Human Resources/Risk Management;Kelly Broughton, Director of Development Services;Roxana Kennedy, Chief"of" and William Valle, Director of Engineering P zi g e 4 2019-09-24 Agenda Packet, Page 29 of 203 SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF t . ULA VISTA AMEND/NG CHULA VISTA MUNICIPAL CODE SECTION x.05.010 T ADD THE UNCLASSIFIED POSITIONS OF FA CYBER SECURITY PROGRAM MANAGER., FA NETWORK ADMINISTRATOR 111, AND FACILITIES FINANCING MANAGER AND TO DELETE THE FA INFORMATION SECURITY PROGRAM MANAGER POSITION (FIRST READING) 4/5 VOTE REQUIRED) WHEREAS, the Human Resources Department has created new classifications to better reflect the needs of the City's Workforce; and WHEREAS, Chula Nista City Charter Section 500(a) requires that all new unclassified management level positions be adapted by ordinance and a four-fifths vote of the Council. NOW, THEREFORE,RE, the City Council of the City of Chula Vista does ordain as follows-, Section 1. •� y 1. That Section 2. 5.C11 Cl +a. the e Cu a Vista Municipal Code �.s ere amended to read as follows. 2.05.10 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled: Administrative Secretary (mayor, At Will), Administrative Services Manager, animal Care Facility Administrator, .Animal Care Facility Manager, Assistant thief of Police, Assistant Director of Development Services Assistant Director � Engineering, �.ss�starlt , Director o.. Human .Resources, Assistant Director of Finance, Assistant Director of Public Works, Assistant Director of Recreation, Budget and Analysis Manager, BuildingOfficial/Code Enforcement manager, thief of Staff, Chief Sustainability Officer, City Engineer, City Librarian, Constituent Services 'Tanager, Deputy City Manager, Deputy Fire thief, Development Services Department Director, Director of Community Services, Director of Conservation and Environmental Services, Director of Economic Development, Fire Division, thief, FA Accounting Technician, FA administrative Analyst I, FA Administrative Analyst II, FA Analyst, FA t ber Securit Pro ram Ma er FA Deputy Executive p y .lirectr, FA .Executive Director, FA Public .Private Partnership and Exercise Program Manager, FA Director of San. Diego Law Enforcement Coordination Center, FA. Executive Assistant, FA Financial Manager, FA Geospatial Intelligence Analyst, FA Graphics Designer Webmaster, , FA IVDC-LECC Executive Director, FA Law Enforcement Coordination tenter Information Technology Manager, F Intelligence Analyst, FA Management Assistant, FA Microcomputer Specialist, FA Network Administrator 1, FA Network Administrator 11, FA Network Administrator 111 FA Program Analyst, FA Program Assistant Supervisor, FA Program Manager, FA Network Engineer, FA Senior Financial analyst, FA Senior Intelligence Analyst, FA Senior Program assistant, FA Senior Secretary, FA Supervisory Intelligence Analyst, Facilities inancin M,ana er Finance Manager, Housing Manager, Hunan Resources Operations Manager, Information. Technology 2019-09-24 Agenda Packet, gage 30 of 203 Ordinance No. Page No. 2 Manager, Law Office Manager, Office Specialist (Mayor's Office), Parks and Recreation Administrator, Performance and Organizational Development Manager, Planning Manager, Police Administrative Services Administrator,, Police Captain, Policy Aide, Public Works Superintendent, Purchasing Agent, Real Property Manager, Redevelopment and Housing Manager, Revenue Manager, Risk Manager, Senior Council Assistant, and Traffic Engineer. Section 11. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional., by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity,, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance., or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section 11.1. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shallcause the same to be published or posted according to law. Presented by Approved as to form by Courtney Chase Glen R. Goo gins Director of Human Resources/Risk Management City Attorney 2019-09-24 Agenda Packet, Page 31 of 203 I T 1 L spun" is m"MENT A A0""* Eft' ww"f& 0 1A io, Tt /A(i N uA :5 b CITY OF C H'U LA V I STA September 24, 2 019 File IIS: 19-10451 .. ..., ORDINANCE of THE CITY of CHULA VISTA ESTABLISHING COMMUNITY CHOICE AGGREGATION IN THE CITY of CHULA VISTA. EC'oND READING AND ADOPTION) RECOMMENDED ACTION' Council adopt the ordinance. SUMMARY As identified in the 2017 Climate Action Play staff have conducted a Community Choice Aggregation (CCA) feasibility study that was accepted by the Cite Council at the July 23, 2019 City Council meeting. That study found that a CCS program in Chula Vista is economically viable and would provide various community benefits. on August 13th City Staff returned to City Council with information on requested CCA governance options and was directed to,pursue the Regional CCA JPA option, formally called the San.Diego Regional Community Choice Energy Authority(SDRCC'EA). To join the Regional g� City Council will need to approve the attached CCA ordinance and JPA agreement before October 1st. The other partners in the JPS are The Cities of San Diego, La Mesa, Encinitas, and Imperial Reach. The JPA Agreement is aligned with the City's Climate Action Plan goal of achieving 100% clean: energy by 2035 and will help increase local control of energy resources in our,community. Dater,in the year the CC's board will meet and vote to approve CCS formation documents, including an Implementation Plan that will be filed with the California Public Utilities Commission (CPUC'). ENVIRO,NMEN'TAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEA) and it has been determined that the activity is not a "Project" as defined under Section 15,378 of the state CEQA Guidelines because it will not result it a physical change in the environment; therefore, pursuant to Section 15060(c) 3) of the State CEQA Guidelines,the activity is not subject to CECA. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b) 3) of the California Environmental (duality Act State Guidelines. Thus, no environmental review is required. 01 Pig 2019-09-24 Agenda Packet, gage 32 of 203 B4OARD/COMMISSION/COMMITTEE RECOMMENDATION The Sustainability Commission C'CA Subcommittee supports City Council implementation of the Regional JPA. Bl'a,,,c,,k,g,r,,,ound As Part of the 2017 Climate Action Plan,the City of Chula Vista identified several actions that should be taken to provide more grid-delivered clean energy to help reach the City's goal of'offering our community 100% clean, renewable energy by 2035. One of the implementation actions with the largest potential to increase clean energy on the grid and reduce greenhouse gas emissions was conducting a feasibility study to identify costs and benefits of pursuing a CEA program for Chula Vista. In October of 2018, a Request for Proposal (AFP) was issued seeping a consultant to conduct a CC's feasibility report. In December,staff selected EES Consulting, Inc (FE'S) and the contract was approved by City Council in Februarys 2019. Two CCA community workshops were held in Chula Vista in May 2019 to inform interested residents on the basics of CCAs and what issues would be covered in the fusibility study. City Council unanimously accepted the CCS Feasibility Report on July 23, 2019 and directed staff to return on August 13th to further discuss the potential of either partner�iragwith the City of Sara Diego through the "Regional PA" governance option or creating an enterprise CEA and partnering with other,enterprise CCAs through the"Enterprise JPA)I governance option. City Council directed staff to pursue the Regional JPA approach. CCA and IPA Formation In early 2019 as the CCA Feasibility study was underway, staff from the City of San Diego reached out to jurisdictions that had expressed interest in pursuing C'+CA. The City of Sara Diego hosted regular meetings with executive level staff from the County and several citifies that resulted in the development of a JPA term sheet and a subsequent JPS Agreement negotiated over several months as with input from the various municipalities and several local stakeholder groups. The final version of the JPA Agreement is attached to this report and will be also considered by the City of La Mesa on September 10,the City of Encinitas on September 11,the City of Imperial Beach on September 17th and the City of Sara Diego's Environment Committee on September 12. City of San Diego staff have also developed a detailed timeline/'workplan showing the pathway to a 2021 launch and contracted for CCA finance and implementation support. Pursuit of a �e tonal P Page 2 2019-09-24 Agenda Packet, gage 33 of 203 Per California law, in order for a JPA to be formed, at least 2 municipalities must agree to become members. Although the City of San Diego could have pursued a CCA on its own, the Mayor and City Council established its preference for a regional JPA governance model, primarily due to financial and legal separations that protect a JPA member's general fund as well as the opportunity to work cooperatively with other jurisdictions throughout the San Diego region. Additional reasons to pursue a regional JPA include: (a) Market benefits resulting from economies of scale; (b)Ability to quickly repay start up debt, fund reserves and roll-out regional customer programs; (c) Organizational efficiencies that avoid regional redundancy, confer cost benefits and support regional economic development goals; (d)Ability to achieve regionwide carbon reduction and renewable power goals faster; (e) Consistency for San Diego region ratepayers which builds confidence and reduces customer confusion; and f] A unified voice through which to exercise influence with State regulatory and legislative bodies. 'Key Elements of the JPA.Agreement As noted, City staff have been meeting regularly with their counterparts in neighboring cities to negotiate the terms of a San Diego Regional CC'A JPA Agreement. The JPA Agreement serves as the It constitution" of a new Authority that will be formed for the purpose of implementing and operating a CCA program for the City and other Founding Members that adopt the required ordinances by October 1 of this year. Once the JPA Board is seated in late October, the Board will take the next steps in hiring key vendors and Authority staff, setting a myriad of operational policies, establishing the Authority's power mix, rates and programs, and moving toward customer enrollment and launch planned for 2021. During the months of meetings and negotiations, several issues and provisions of the JPA were discussed. The following provides a brief summary of the most debated issues and how they were ultimately resolved to achieve consensus among multiple municipalities and stakeholder groups, some of whom had opposing views. Issue Concern R e Resolution Weighted Voting The City of'San Diego Understanding that the weighted vote has too much power in a is rarely used (only once in the 9 weighted vote situation; years CCAs have existed), and Prefer equal vote (1 acknowledging the concerns of the member, 1 vote) in all smaller cities, the City of San Diego cases. made the following concessions in Section 4.11.2 to mitigate concerns: 1) Pa g e 3 2019-09-24 Agenda Packet, Page 34 of 203 three (not 2) directors are needed to call for a weighted vote after an equal vote; 2) the City agreed to cap its weighted vote at 49% even though its annual energy usage puts it at ..75%, ; 3) it takes 67% or 2/3rds vote to overturn an action taken by equal vote; 4) no action can be taken solely by weighted vote. Environmental Goals Original JPA draft Updated language in recital 6(c) and language not specific section 2.3 to achieve a 100% enough w/r/t renewable renewable energy portfolio by 2035, energy goals, use of or sooner. Strengthened language in unbundled RECs, and section .4 to prioritize use of coal/nuclear sources 1(category 1" and avoid (but not prohibit) use of"category 2 and 3 RECs'; stated no procurement of coal and avoidance of nuclear resources. Board Smaller cities requested Amended section 4.13 to say that Representation flexibility with Alternate directors need not be a appointment of member of the City's governing body. alternate Director. Local Power Local power Amended language in Recital 6(e) to Development development is not give local power procurement priority adequately prioritized weighting. Customer Programs Concern about Language amended in Recital 6(g) and subsidizing programs section 4.6.1 to clarify that programs serving only certain will serve all SDRCCEA customers and customers; concern also allow support of community- about limiting benefit to based energy/sustainability local community groups programs. Member Concern about asking Amended language in section 7.3.4 Contributions for member that clarifies that parties are not contributions to the JPA required to make financial contributions to the JPA. Committees Request Community Amended language in section 5.10.3 Advisory Cmte (CAC) be to require a CAC, left technical 1're,,,,q,,,,,u,,,ired rather than committee permissive since staff will permissive be energy/utility experts and the Board CEO can decide once formed. Category 1 RBC's are bundled together with procurement of energy delivered to a California Balancing Authority (CBA).Category 2 RECs come from the procurement of'energy from a Renewable Portfolio Standard eligible facility that has not already committed energy to another party and energy is not sold back to the generator; renewable energy is firmed and shaped with substitute energy scheduled into a CBA within a calendar,year.Category 3 RRC,s are, unbundled and procured separately from underlying energy. P a g e 4 2019-09-24 Agenda Packet, Page 35 of 203 Coalition/Community Equity/Communities of Added language as new Recital 6 (m)�: Concerns Concern Pursue purposeful and focused investment in communities of concern, prioritization of local renewable power and workforce development and policies and programs centered on economic, environmental and social equity. Coalition/Community Prevailing wage Added prevailing wage jobs, to the Concerns quantifiable economic benefits that are listed in recital 6 (h). Coalition/Community Collective bargaining Amended language in Recital 6 (0) to Concerns include "efficient consideration of etitions to unionize". Timing to Support 20 1 Launch, The desire to launch CCA service in 2021 has been a consistent objective among the cities interested in forming a regional JPA. In February 2018, the California Public Utilities Commission issued Resolution E-4907 establishing a registration process and timeline for new and expanding CCAs. E-4907 requires a one-year period between submittal of a CC'A Implementation Plan,which must occur on or before January 1 of a given year, and program launch/customer enrollment. Thus, in order for SDRCCEA to begin serving customers in 2021 as is the stated goal,the JPA must submit to the CPUC an Implementation Plan and Statement of Intent by January 1, 2020 at the latest. We recognize that this is an extremely tight timeline with many tasks to complete by year end. To meet the State-mandated timeline, staff has established a deadline of October 1, 2019 for interested jurisdictions to adopt the required CCA JPA ordinances in order to seat the Board by late October. This leaves November and December to set power targets, update load projections and complete the Implementation Plan,which we hope to have adopted and submitted prior to the holiday break.We are on target to complete these and other required tasks within the established timeframe. It is worth noting that any delay such as a need to renegotiate JPA terms will make a 2021 program launch virtually impossible. For this reason,we respectfully ask that Council consider this agenda item a pass/fail vote since other cities have already set a vote to adopt their ordinances and there will be no time to renegotiate terms and schedule new votes in advance of the October 1 deadline. Risks of Delay P Z:i g e 5 2019-09-24 Agenda Packet, Page 36 of 203 Given the time sensitivity, staff has been asked to provide an explanation of the risks of'delaying implementation by a year and launching in 2022. The following risks have been identified: (a) Environmental: The environmental costs of delaying one year slows the momentum toward achieving the City's CAP targets to reach 100% renewable electricity supply city-wide by 2035, or potentially sooner with a CCA. In light of other emissions sources being more difficult to achieve, moving this initiative forward demonstrates commitment by the City of Chula Vista to implementing our CAP. (b) Economic: The economic impacts of a delay affect ratepayers who will continue to pay higher electric generation rates as well as the new Authority which may be strapped with higher exit fees and higher costs of power due to market fluctuations with one year less of revenue collection. Both of'these conditions affect the Authority's ability to offer customer rate discounts. (c) Regulatory: The regulatory and legislative landscape relating to energy supply and markets is dynamic.Without more substantial representation by the San Diego region, decisions will continue to be made without true representation of our residents' and businesses' best interests. (d) Political: Many San Diego jurisdictions are considering CCA under various governance models. If SI)RCCEA does not move forward toward a 2021 launch, it is possible that cities previously committed to the regional JPA effort will go elsewhere for CCA partnerships. Board Appointments As per Section 4.1 of the JPA Agreement, each member agency is allocated one Board members because there are at least 5 members of the JPA. The Board will be seated at the end of October, so, appointments need to be made by September to allow time for scheduling and briefings. Next tes The following is a brief timeline of the steps required between now and the end of the year to meet the January 1 Implementation Plan submission deadline. Please keep in mind that there are additional tasks to be completed in the coming months,but these are the main ones: Page 6 2019-09-24 Agenda Packet, Page 37 of 203 Mid-S,ep�tember Issue Request For Proposals for credit and banking services and wholesale power services (City of San Diego) October 1 Deadline for jurisdictions to pass CC'A and JPA ordinancesAppoint JPA Board members Late October First JPA Board meeting- Orientation and initial direction for m lementation Plan Early November Select power service vendor(s) and review credit and banking proposals November Second Board Meeting: Board to review initial draft of Implementation Plan and bank partner finalists Mid-December Third Board Meeting-Adopt Implementation Plan and select banking par,tne. December 20 Submit SDRCCEA Implementation Plan to the CPUC for certification (prior to Jan. 1, 2020) DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under,the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware of 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-YEARFISCA'L, IMPACT joining the Regional JPA CCA would be done using existing departmental funds resulting in no new fiscal impact in the current year. ONGOING F'1,SCAL IMPACT joining the Regional JPA CCA would be done using existing departmental funds resulting in no ongoing fiscal impacts additionally. ATTACHM"�EN"rs 1. San Diego Regional Community Choice Energy Authority Joint Powers Agreement Staff Contact: Cory Downs P a g e 7 2019-09-24 Agenda Packet, Page 38 of 203 SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING COMMUNITY CHOICE ICE ACG GATION IN THE CITY OF CHULA VISTA WHEREAS, Assembly Bill 117 (Stat. foo , ch. 83 8 see California Public Utilities Code section 366.2; the "Act"), added statutes to the Public Utilities Code authorizing local governmental bodies to individually or jointly provide retail electric commodity service to an. aggregation of customers within, their jurisdictions, a service referred to as Community Choice Aggregation CCA ; and. WHEREAS, the City of Chula vista (City) adopted a Climate Action Plan in 2017 which. contains a goal for 100% percent of electricity used in the City to be generated fromrenewable fuel sources by 2035; and. WHEREAS, since October, 2018 the City has been actively investigating the feasibility of commencing CCA service for electric customers within the City, with the objective of raping greater renewable electric portfolio content available to customers, providing greater local involvement over the provision of electric commodity services, and promoting competitive commodity rates; and WHEREAS, the City completed a CCA Feasibility Study which determined that a CCA program could result in local. benefits including the use of renewable energy at levels above the State Renewables Portfolio Standard, the provision of competitive rates to consumers, and economic opportunity for the City; and WHEREAS, pursuant to Sections 331.1(b) and 366.2 of the Act, two or more entities authorized to be a community choice aggregator may participate jointly in a CCA program through a Joint Powers Authority established pursuant to Chapter 5 (commencing with Section, 6500) of Division 7 of Title 1 of the Government Code, if each entity adopts the ordinance required by Public Utilities Section 366.2; and WHEREAS, the City wishes to implement a CCA program at this time through a Joint Powers Authority together with other Founding Member local governments which will be called the Earl. Diego Regional Community Choice Energy authority(SDRCCEA); and WHEREAS, under public Utilities Code section 366.2, customers have the right to opt out of the CCA program and continue to receive bundled electric commodity service from the incumbent utility; and WHEREAS, Public Utilities Code section,3 .2(c)(12)provides that an entity which elects to implement a CCA program within its jurisdiction must do so by ordinance; and 2019-09-24 Agenda Packet, gage 39 of 203 SECOND READING AND ADOPTION WHEREAS,EAS, this ordinance is exempt from the requirements of the California a Environmental,Quality Act CEQA)pursuant to the State CEQA Guidelines, as it is not a"project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 1.4 Cal. Code legs. § 15378(a)) Further, the ordinance is exempt from CEQA as there is no possibility that the ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code legs.§ 15061(b)(3).) NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section 1. That the recitals set forth above are true and correct and are incorporated as though fully set forth herein. Section II. Based upon the findings and declarations set forth in this ordinance, and to provide businesses and residents within, the jurisdictional boundaries of the City with a choice of electric commodity providers and with the benefits described in the recitals above,the City Council. .hereby elects pursuant to Public Utilities Code section. 366.E(c)(1?) to implement a CCA programs within the jurisdiction of the City of Chula Nista by participating in. the CCA program of the SDRCCEA, under the terms and conditions provided in its Joint Powers Agreement, on file with. the Office of the City Clerk as Document No. ACC 19102. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity,unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council. of the City of Chula Vista hereby declares that it would have adopted each section., sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IV. Construction:. The City Council of the City of!Tula Nista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective late This Ordinance shall tale effect and be in force on the thirtieth day after its final passage. Section VI. Publication The !pity Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. 2019-09-24 Agenda Packet, gage 40 of 203 SECOND READING ANDADOPTION Presented by Approved as to form by Eric C. Crockett Glen R. Goggins Director of Economic Development City Attorney 2019-09-24 Agenda Packet, gage 41 of 203 1 r y v D I a+r x'. IIID I T CE '0UN(,_,1L AL No" WL A M— T11LAT q T AU'O� E NOI I D A E AN CITY OF H UA' STA September 24, 2019 File Ili: 9-044: TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY of CHULA VISTA AMENDING THE FISCAL YEAR 2019/20 GENERAL FUND OPERATING BUDGET BY APPROPRIATING $44,100 To THE ANIMAL CARE FACILITY BUDGET FOR UNANTICIPATED GRANTS 4/5 VOTE REQUIRED) RECOMMEND ..� w ACTION Council adopt the resolution. SUMMARY The Animal Care Facility has received unanticipated revenue in the amount of $44,100, from grants that needs to be appropriated in the FY2 o Budget. staff requests that $44,1010 be appropriated to the Wages- Hourly, and supplies and services budget of the Animal Care Facility budget; this appIIropriation is fully offset by grant revenue. ENVIRONMENTAL REVIEW The activity is not a "Project's as defined under section 15378 of the California Environmental Quality Act StateGuidelines; therefore, pursuant to Mate Guidelines Sect�lon. 15060 c 3) no environmental review is required. BOARD/COMMISSION/COMMITTEE,RECOMMENDATION Not Applicable 1 Page 1 2019-09-24 Agenda Packet, gage 42 of 203 DISCUSSION The Chula Vista Animal Care Facility received three grants in the amount of $44,100 from the State of California and the ASPCA. These funds will be used to increase spay/neuter clinics, vaccinations and microchipping, as well as adoptions,. 'These activities are an increase in services available to the public and require additional appropriations. These grants were received after the FY Budget was adopted. The requested appropriations by grant are provided in the table below: Grant Nat',ne Gen�eral Description Org,Key 10b,ject Code Rev Exp 20,19 Pet Lower"Is,License, Spay/Neuter Clinics, 1001W0 4,511 $31,800 $31,8M Pla�te Program Salaries 10,010,00 60,01 $10,071 Hourily Wages 110,01000 60,02 $3,0476 ContractNet 1001000 63,01 $110,500 Printing 1100,10,010 6,421 $236 �Meldical Supplies 100,10001 6632 $7,517 20,19 Animal Homelem& Spay/Neuter Clinics 10011000 4S11 $7,"tS00 $7,SM Cruelty Awa�rd Salaries 1,0010,00, 610101 $1,0500 HOUrly Wages 10,01001fol 6,002 $1,s,40(0 Con'tract Vet 100,1000 63,01 $2,500 Medica!Supplies, 110,010010 6632 $2,100 ASKA/Subaru Grant Pet t 1001 fo 4701 $4;8M $4,8W Hourly,Wages 110,0010010 60,02, $11500, Con'tract Vet 100,1000 6301 $7,510 Printing 10,010,010 6,421 $250 �Medical Supplies 10010,00 6632 $21 3 0=0j TOTAL $44,100 $44,p 1010 D ECI SION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently,the 5001-foot rule found in California Code of Regulations Title 2,section 18702.2(a)(11), is not applicable tothis decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal. Gov't Code§87100, et seq.). A 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 net fiscal impact to the General Fund. Approval of'the resolution will result in a General Fund appropriation of'$44,100 offset by unanticipated grants. P a g e 2 2019-09-24 Agenda Packet, Page 43 of 203 ONGOING FISCAL IMPACT There is no ongoing fiscal impact. 'T 'T None Staff Contact:Amanda Mills,Animal are Administrator P zi g e 13 2019-09-24 Agenda Packet, Page 44 of 203 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRUD VISTA. AMENDING THE FISCAL YEAR 2019/20 GENERAL FUND OPERATING BUDGET B APPROPRIATING $441100 TO THE ANIMAL.., CARE FACILITY BUDGET FOR UNANTICIPATED GRANTS WHEREAS, the Chula vista Animal Care Facility applied for and was awarded grants from the State of California and the ASPC.A., and WHEREAS, the Animal Care Facility will use these funds to increase spay/neuter clinics, vaccinations and microchipping, as well as adoptions. NOW, THEREFORE,E, BE IT RESOLVED by the City Council of the City of Chula Nista, that it amends the Discal Year 2019/20 ,general fund operating budget by appropriating $441 100 to the Animal Care Facility Budget for unanticipated grants. Presented by Approved as to form by Cary Halbert Glen R. Goo i s City Manager City Attorney 2019-09-24 Agenda Packet, gage 45 of 203 I T 1 L spun" is m"MENT A A0""* Eft' ww"f& 0 1A io, Tt /A(i N uA :5 b CITY OF C H'U LA V I STA September 2 ,2019 File IIS: 19-04:12 'TITLE IL RESOLUTION OF THE CI"T"Y" COUNCIL OF THE CI"T"Y"OF CH LA VISTA MODIFYING THE APPENDIX TO THE LOCAL CONFLICT OF IN"T"EREST' COOS TO ADD THE POSITIONS OF CI"T"Y CLERK ANALYST, FACILITIES FINANCING MANAGER,AND PARD RANGER PROGRAM MANAGER,AND REMOVE THE POSITION OF PARKS OPERATIONS MANAGER FROM THE ITT OF DESIGNATED EMPLOYEES WHO ARE REQUIRED TO FILE PERIODIC STATEMENTS OF ECONOMIC INTERESTS RECOMMEND w DACTION Council adopt the resolution. SUMMARY The proposed resolution adopts an amended appendix to the City's Conflict of Interest Code to add the positions of City Clerk Analyst, Facilities Financing Manager and Parr Ranger Program Manager, and to remove the position.of Parks operations Manager from the lint of designated employees who are required to file periodic statements of economic interest, and to establish the disclosure categories under which the employees would be required to file. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality ty Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 1 37 of the State CFQA Guidelines because it will not result in a physical change in the environment; therefore,pursuant to Section. 15,01601(c)(3) of the State CFQ,A Guidelines,the activity is not subject to CFQ,A. Thus,no environmental review is required. BOARD/COMMISSION/COMMITTEE, Not applicable. DISCUSSION On March 21,2000,the Council adopted Ordinance No.2807,adopting by reference the standardized conflict of interest code contained in "title 2 of the California Code of Regulations, Section 18730, and any amendments thereto that are adopted by the Fair Political Practices Commission. The ordinance requires that the Council set forth by resolution the officials and designated employees who are required to file statements of economic interests and the disclosure categories under which each such official and designated employee shall file. Officials and designated employees under the City's Conflict of Interest Code are also Page 11 2019-09-24 Agenda Packet, gage 46 of 203 "designated employees"for purposes of AB1234,thereby requiring them to participate in mandatory ethics training,pursuant to Resolution 2006-276. The following positions were recently added and,after reviewing the duties of the positions with input from the appropriate department, staff recommends the following positions be added to the list of designated filers: City Clerk Analyst, Facilities Financing Manager and Park Ranger Program Manager. The position of Parks Operations,Manager was also eliminated will be removed from the list of filers. DECISION-MAKER CONFLICT Staffhas reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently,the 500-foot rule found in California Code of Regulations Title 2,section 18702.2(a)(11),is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal. Govt 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 Adoption of the resolution will have no impact on the general fund. ONGOING FISCAL IMPAC Fir There is no ongoing fiscal impact. AWACHMEN'TS 1. Exhibit A- Revised list of designated filers Staff Contact.-Leah Larrarte Pzige 2 2019-09-24 Agenda Packet, Page 47 of 203 RESOLUTION No. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE TO AIT THE POSITIONS OF CITY CLERK ANALYST, FACILITIES FINANCING MANAGER ANIS PARD RANGER PROGRAM MANAGER, AND REMOVE THE POSITION OF PARKS OPERATIONS MANAGER FROM THE LIST OF DESIGNATED EMPLOYEES WHO ARE REQUIRED TO FILE PERIODIC STATEMENTS OF ECONOMIC INTERESTS WHEREAS, the Political Reform Act (California Government Code sections 87100 through 9101.4), requires certain officials and candidates to file Statements of Economic interests (Form 700) and requires local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the City Council adopted Ordinance No. 2807, adopting by reference the standardized conflict of interest code contained in Title 2 of the California Code of Regulations, section 18730, and any amendments thereto that are adopted by the lair Political Practices Commission; and WHEREAS, the ordinance requires that the City Council set forth by resolution the officials and designated employees who are required to file statements of economic interests and the disclosure categories under which each such official and designated employee shall file; and WHEREAS, the Political Reform Act requires every local agency to review its Conflict of Interest Code periodically to determine if amendments are necessary; and WHEREAS, the City attorney and the City Clerk have reviewed the Code and its Appendix,consulted with.Department Directors,and determined that amendments to the Appendix of the Code are necessary; and WHEREAS,all.City employees who are required to file Form Too under the City's Conflict of Interest Code are designated as "Local Agency Officials," as defined in Government Code §53234(c)(2), thereby requiring there to participate in the ethics training mandated by AB 1234, pursuant to City Council Resolution o0 -276 and WHEREAS, the list of officials, candidates and designated employees of the City of Chula Vista who are required to file periodic statements of economic interests, and the disclosure categories under which each such official, candidate or designated employee is required to file, was presented to the City Council and is attached hereto as Exhibit A and made a part of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby modifies the appendix to the local Conflict of Interest Code to amend the list of 2019-09-24 Agenda Packet, gage 48 of 203 officials, candidates and designated employees who are required to file periodic statements of economic interests, and the disclosure categories for said filers, in the form presented and as reflected in Exhibit A to this resolution, a copy of which shall be kept on file in the Office of the City Clerk,. Presented by Approved as to form by Kerry K. Bigelow, MMC Glen R. Goo gins City Clerk City Attorney 2019-09-24 Agenda Packet, Page 49 of 203 EXHIBIT A OFFICIALS REQUIRED TO FILE PURSUANT TO GOVERNMENT CODE §§ 87200, et seq. The following officials shall file periodic statements disclosing certain economic interests (commonly referred to as "700 Forms"')with the Fair Political Practices Commission, as required by California Government Code §§87200— 87210: Mayor and City Councilmembers Candidates for Elective Office City Manager City Attorney Director of Finance/City Treasurer Planning Commission Members In addition, each official failing within any of the above-listed categories, except"Candidates for Elective Office, " is required to comply with the ethics training requirements of California Government Code §§53234, et seq. DESIGNATED EMPLOYEES REQUIRED TO FILE UNDER THE, CITY OF CHULA VISTA CONFLICT OF INTEREST CODE Each City employee whose position title is listed below shall file a 700 Form under the designated disclosure category as set forth in, Chula Vista Municipal Code §2.02.030) and is required to comply with the ethics training requirements of California Government Code §§53234, et seq. Where "Full Disclosure"' is indicated, it implies that the disclosure categories are 1, 2, 5, and 7. Position Title Disclosure Category Administrative Services Manager..........................................................................................1, 2, 5 Animal Care Facility Administrator..................................................................................1, 3, 6, 7 Assistant Chief of Police....................................................................................................1121617 Assistant City Attorney...........................................................................................Full .Disclosure AssistantCity Clerk...............................................................................................................1, 2, 6 Assistant City Manager...........................................................................................Full Disclosure Assistant Director of Development Services.....................................................................1, 2, 6, 7 Assistant Director of Engineering..........................................................................................11215 Conflict of Interest Code—Designated Positions Adopted by City Council on[DATE],Resolution No.2019-XXX 2019-09-24 Agenda Packet, Page 50 of 203 PosiMon ......Di*sdosure Categar Assistant Director of Finance..................................................................................Full Disclosure Assistant Director of Human, Resources................................................................................11 315 Assistant Director of Public Works.......................................................................................1121 5 Assistant Director of Recreation........................................................................................1121617 AssistantPlanner........................................................................................................................314 AssociateEngineer.....................................................................................................................3, 4 AssociateLand Surveyor...........................................................................................................3, 4 Associate Plan Check Engineer.................................................................................................1, 2 AssociatePlanner.......................................................................................................................314 BenefitsManager...........................................................................................................................5 Budget& Analysis Manager...................................................................................Full Disclosure BuildingInspection Manager.........................................................................................................3 BuildingInspector(all levels)........................................................................................................3 Building Official/Code Enforcement Manager..........................................................................1112 BuildingProject Manager......................................................................................................31415 BuildingServices Supervisor.........................................................................................................6 Chiefof Police...................................................................................................................1121617 Chiefof Staff..........................................................................................................Full Disclosure Chief Sustainability Officer...............................................................................................1, 2, 6, 7 City Attorney Investigator......................................................................................Full Disclosure City Clerk........ 21 6 CityClerk Analyst.........................................................................................................................6 CityLibrarian.................................................................................................................................6 Code Enforcement Officer(all levels)...........................................................................................3 CollectionsSupervisor...................................................................................................................3 Constituent Services Manager................................................................................Full Disclosure Construction & Repair Supervisor.................................................................................................6 Council Assistant....................................................................................................Full Disclosure Cultural Arts Program Manager.................................................................................................2, 7 Deputy City Attorney (all, levels)............................................................................Full Disclosure Conflict of Interest Code—Designated Positions Adopted by City Council on[DATE],Resolution No.2019-XXX 2019-09-24 Agenda Packet, Page 51 of 203 Deputy City Manager-------------------------------.Fu] Disclosure DeputyFire Chief..................................................................................................................D" 7- 6 Development Services Counter Manager_—_—_—_—_—_—_—_—_—_—_—_—_—_.3" 4 Development Services Department Director.....................................................................l" 2" 6i7 Director of Community Services-------------------------.Fu] Disclosure Director of Economic Development_—_—_—_—_—_—_—_—_—_—_—_—_—_.D" 2" 6� 7 Director of _—_—_—_—_—_—_—_—_—_—_—_—_—D" 2" 6� 7 Director mfHuman Resources................................................................................................l" 3" 5 Director mfInformation Technology-------------------------------.6 Director of Public Works.......................................................................................................D" 2" 5 Emergency Services Coordinator..................................................................................................6 Environmental Services Manager------------------------------3" 6i7 Environmental Sustainability ___________________________3" 6i7 Facilities _—_—_—_—_—_—_—_—_—_—_—_—_—_—_--D" 7- 6� 7 Facilities —_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_.5 Facility& Supply Specialist ----------------------------------.. 6 Finance and Purchasing Manager-------------------------FullDiscNosure FireBattalion Chief.......................................................................................................................6 Fire Captain (80 HR Training Division only)................................................................................6 FireChief...............................................................................................................................l" 2" 6 FireDivision Chief................................................................................................................l" 2" 6 Fire (all. _________________________.3" 4, 6 Fire Prevention —_—_—_—_—_—_—_—_—_—_—_—_-3" 416 FirePrevention Aide......................................................................................................................3 Fiscal and Management Analyst---------------------------------.5 Fiscal. Debt Management Analyst_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_--5 Fleet Inventory Control, Specialist—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_.5 Fleet Manager------------------------------------------..5 Housing -------------------------------------l" 2" 6i7 Human Resources -----------------------------.5 Conflict wfInterest Code-mesigoatedPositimos Adopted by City Council uo[0ATE],Resolution No.2019-XXX Information Technology Manager--------------------------------.6 LandscapeArchitect...................................................................................................................3" 4 LandscapePlanner.....................................................................................................................3" 4 Law Office Manager---------------------------------------.6 Librarian III -----------------------------------.6 LibraryDigital Services Manager..................................................................................................6 ManagementAnalyst_....................................................................................................................._ Marketing and Communications --------------------------..3" 5 Open Space Manager_____________________________________..3" 5 Punk Ranger (excluding hourly) _—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_.3 Punk Ranger Program, Manager —_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_--3 Park Ranger Supervisor-------------------------------------..3 Parks and Recreation Administrator-------------------------------.6 Parks Manager—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_--D" 7- 5 Performance and --------------------..5 Plan Check Supervisor -------------------------------------l" 2 Planning Manager---------------------------------------.l" 2 Police Administrative ServicesAdministrator........................................................Full Disclosure Police Captain_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_FuKDimcIosure Police Technology Manager----------------------------------3" 6 Policy Aide._—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_--FmlDisclosure Principal Civil. _—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_--3" 415 Principal Economic Development Specialist—_—_—_—_—_—_—_—_—_—_—_—_--D" 2 PrincipalArchitect...................................................................................................l" 2 PrincipalLibrarian........................................................................................................................ 6 Principal Management Analyst_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_--3" 5 Principal Planner........................................................................................................................D" 2 Principal Project Coordinator................................................................................................l" 2" 7 Principal Recreation ----------------------------------.6 Principal Traffic ---------------------------------..3" 415 Conflict wfInterest Code-mesigoatedPositimos Adopted by City Council uo[0ATE],Resolution No.2019-XXX Position ......Disclosure Categ Procurement Services Analyst--------------------------..Fu] Disclosure Procurement _—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_-5 Project Coordinator (all _________________________________7- 7 Public Works Inspector(all -----------------------------.3" 4, 5 Public Works Manager-----------------------------------.l" 2" 5 Public Works Superintendent _—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—D" 2" 5 PurchasingAgent....................................................................................................Full Disclosure Real Property Manager-----------------------------------.l" 2" 6 Revenue Manager----------------------------------------..6 Risk Management Specialist_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—D" 2 Risk Manager—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_--D" 2 Senior Assistant City Attorney--------------------------.FuUDisclomure Senior Building ------------------------------------..3 Senior Civil. _—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_-3" 415 Senior Code Enforcement Officer.............................................................................................3" 4 Senior Council Assistant.........................................................................................Full Disclosure Senior Economic Development Specialist-------------------------..l" 2" 7 Senior Fire -----------------------------..3" 4, 6 Senior Graphic Designer_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_.5 Senior Land Surveyor............. 5 Senior Landscape Inspector---------------------------------3" 415 SeniorLibrarian.............................................................................................................................6 Senior Management Analyst_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_-5" 7 Senior Open Space Inspector_________________________________..3" 5 Senior Park Ranger_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_-3 Senior Plan Check Engineer_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_-3" 4 SeniorPlanner............................................................................................................................D" 2 Senior Procurement Specialist --------------------------..Fu] Disclosure SeniorProject Coordinator....................................................................................................l" 2" 7 Senior Public Works Inspector_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_.3" 4, 5 Conflict wfInterest Code-mesigoatedPositimos Adopted by City Council uo[0ATE],Resolution No.2019-XXX Posiffion ......Di*sdosure Categar Senior Risk Management Specialist..........................................................................................112 Special, Events Coordinator............................................................................................................3 Stormwater Environmental Specialist (all levels)..........................................................................3 StormwaterProgram Manager...............................................................................................3, 4, 5 Supervising Public Safety Analyst.............................................................................................3, 6 TransportationEngineer.........................................................................................................3, 4, 5 Veterinarian (permitted, all levels, except hourly)........................................................................6 Wastewater/Stormwater Operations Manager.......................................................................1, 2, 6 Board and Commission Members: Board of Appeals and Advisors Members.....................................................................215 Boardof EthicsMembers ..............................................................................................112 Civil Service Commission Members.................................................................................3 Charter Review Commission Members......................................................Full Disclosure Districting Commission, Members..............................................................Full Disclosure Growth Management Oversight Commission Members...............................................2, 4 Historic Preservation Commission ................................................................................112 Mobil,ehome Rent Review Commission Members........................................................112 Consultants/Newly Created Positions*...................................................................Full Disclosure HearingOfficers......................................................................................................Full Disclosure *Consultants and individuals in newly created positions shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation: The City may determine, in writing, that a particular consultant or individual in a newly created position, altbougb a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's or new position's duties and, based upon that description, a statement of the extent of disclosure requirements. The determination,for consultants shall be included in the contract by which the consultant is hired by the City. The determination for newly created positions shall be documented on an FPPC Form 804. The City's determinations are public record. Conflict of Interest Code—Designated Positions Adopted by City Council on[DATE],Resolution No.2019-XXX 2019-09-24 Agenda Packet, Page 55 of 203 EXHIBIT A OFFICIALS REQUIRED TO FILE PURSUANT TO GOVERNMENT CODE §§ 87200, et seq. The following officials shall file periodic statements disclosing certain economic interests (commonly referred to as "700 Forms"),with the Fair Political Practices Commission, as required by California Government Code §§87200— 872 10: Mayor and City Councilmembers Candidates for Elective Office City Manager City Attorney Director of Finance/City Treasurer Planning Commission Members In addition, each official falling within any of the above-listed categories, except"Candidates for Elective Office," is required to comply with the ethics, training requirements of California Government Code §§53234, et seq. DESIGNATED EMPLOYEES REQUIRED TO FILE UNDER THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE Each City employee whose position title is listed below shall file a 700 Form under the designated disclosure category (as set forth in Chula Vista Municipal Code §x..02.030} and is required to comply with the ethics training requirements, of California Government Code §§53234, et seq. Were "Full, Disclosure" is, indicated, it implies that the disclosure categories are 1, 2, 5, and 7. Position Categor Administrative Services Manager..........................................................................................L 2, 5 Animal Care Facility Administrator..................................................................................L 3, 6, 7 Assistant Chief of Police....................................................................................................L 2, 6, 7 Assistant City Attorney...........................................................................................Full Disclosure AssistantCity Clerk...............................................................................................................1, 2, 6 Assistant City Manager...........................................................................................Full Disclosure Assistant Director of Development Services.....................................................................1, x., o, 7 Assistant Director of Engineering..........................................................................................1, 2, 5 Conflict of Interest Code—Designated Positions Adopted by City Council on[DATE],Resolution No.2019-XXX 2019-09-24 Agenda Packet, Page 56 of 203 As .�stanKDirector of Finance..................................................................................Full Disclosure Assistant Director of Human Resources................................................................................I, 3, 5 Assistant Director of Public Works .......................................................................................I, 2, 5 Assistant Director of Recreation........................................................................................I" 2" 6" 7 AssistantPlanner........................................................................................................................3" 4 Associate Engineer ------------_—_—_—_—_-----------------..3, 4 Associate Land Surveyor-----------_—_—_—_—_---------------..3, 4 Associate Plan Check Engineer—_—_—_—_—_—_—_—_—_—_------------.I" 2 AssociatePlanner.......................................................................................................................3, 4 Benefits Manager-----------_—_—_—_—_---------------------5 Budget &Analysis Manager_—_—_—_—_—_—_—_—_—_—_------..Fu0Disc8osure Building _Inspection Manager........................................................................................................._ Building Inspector (all __________________________________..3 Building _—_—_—_—_---------------..], 2 Building Project Manager------------_—_—_—_—_-------------3, 4, 5 Building Services Supervisor______________________—_—_—_—_—_---6 Chiefof Police ...................................................................................................................l, 2, 6, 7 Chief of Staff..........................................................................................................Full Disclosure Chief Sustainability Officer...............................................................................................L2, 6, 7 City Attorney Investigator-----------------------_—_—__FmNDisclosmre CityClerk...............................................................................................................................l, 2, 6 N - N ~ CityLibrarian.................................................................................................................................6 Code Enforcement Officer(all ______________________________.3 Collections Supervisor...................................................................................................................3 Constituent Services Manager—_—_—_—_—_—_—_—_—_—_------..Fu0Dimclosure Construction & Repair Supervisor—_—_—_—_—_----------------------.6 Council Assistant....................................................................................................Full Disclosure Cultural. Arts ----------------------_—_—_—_—_-2, 7 Deputy City Attorney(all —_—_—_—_—_—_—_—_—_—_-----.FulDisclomure Conflict ufInterest Cmde-DesigoatodPwmitimos Adopted by City Council om[DATe],Resolution No.2019-xXX Posiflon Di*sdosure Cate or Deputy City Manager..............................................................................................Full Disclosure ?111 do- Deputy Fire Chief..................................................................................................................11 ZI 0 Development Services Counter Manager..................................................................................314 Development Services Department Director.....................................................................1, 2, 6, 7 Director of Community Services ............................................................................Full Disclosure Director of Economic Development..................................................................................1, 2, 6, 7 Director of Engineering/City Engineer..............................................................................112, 6, 7 Director of Human Resources................................................................................................L 3, 5 Director of Information Technology..............................................................................................6 Director of Public Works.......................................................................................................11215 Emergency Services Coordinator ..................................................................................................6 Environmental Services Manager..........................................................................................3, 6, 7 Environmental Sustainability Manager..................................................................................3, 6, 7 Facilities Financing Manager............................................................................................. FacilitiesManager..........................................................................................................................5 Facility& Supply Specialist ........................................................................................................ 6 Finance and Purchasing Manager...........................................................................Full Disclosure FireBattalion Chief.......................................................................................................................6 Fire Captain (80 HIS Training Division only)................................................................................6 FireChief...............................................................................................................................L 2, 6 FireDivision Chief................................................................................................................L 2, 6 Fire Inspector/Fire Investigator(all levels)............................................................................3, 4, 6 Fire Prevention Engineer/Fire Investigator............................................................................3, 4, 6 FirePrevention Aide......................................................................................................................3 Fiscal and Management Analyst....................................................................................................5 FiscalDebt Management Analyst..................................................................................................5 Fleet Inventory Control Specialist.................................................................................................5 FleetManager................................................................................................................................5 HousingManager...............................................................................................................1121617 Human Resources Operations Manager.........................................................................................5 Conflict of Interest Code—Designated Positions Adopted by City Council on[DATE],Resolution No.2019-XXX 2019-09-24 Agenda Packet, Page 58 of 203 Position Disclosure Categor Qofon-nation Technology Manager—_—_—_—_—_----------------------.6 LandscapeArchitect...................................................................................................................3, 4 LandscapePlanner.....................................................................................................................3, 4 Law Office Manager------------_—_—_—_—_------------------.6 Librarian III _—_—_—_—_—_—_—_—_—_—_--------------.6 DigitalLibrary Services Manager_—_—_—_—_—_—_—_—_—_—_-----------..6 ManagementAnalyst_....................................................................................................................._ Marketing and _—_—_—_—_-----------------..3" 5 Open Space Manager_____________________________________..3, 5 Park _—_—_—_—_—_—_—_—_—_—_------------.3 Park Ranger Supervisor-----------___________—_—_—_—_—_-----..3 Parks and Recreation Administrator___________—_—_—_—_—_—_—_—_—_—_.6 Parks Manager -----------_—_—_—_—_-------------------..], 2, 5 Performance and Organizational Development Manager..............................................................5 Plan Check Supervisor-----------------------_—_—_—_—__—_—_l, 2 Planning Manager---------------------------------------'L2 Police Administrative ServicesAdministrator........................................................Full Disclosure Police Captain----------------------_—_—_—_—_—_—_FmNDisclosmre Police Technology Manager----------------------_—_—_—_—_--_3, 6 PolicyAide..............................................................................................................Full Disclosure Principal Civil Engineer-----------_—_—_—_—_---------------3, 4, 5 Principal Economic Development Specialist-----------_—_—_—_—_—__—_-1, 2 Principal Landscape Architect...................................................................................................l, 2 PrincipalLibrarian........................................................................................................................ 6 Principal _—_—_—_—_—_—_—_—_—_—_-----------..3" 5 Principal Planner........................................................................................................................1, 2 Principal Project Coordinator ................................................................................................1, 2, 7 Principal Recreation —_—_—_—_—_—_—_—_—_—_--------------.6 Conflict ufInterest Cmde-DesigoatodPwmitimos Adopted by City Council om[DATe],Resolution No.2019-xXX Posiflon Di*sdosure Cate or Principal Traffic Engineer......................................................................................................3, 4, 5 Procurement Services Analyst................................................................................Full Disclosure ProcurementSpecialist...................................................................................................................5 Project Coordinator (all levels)................................................................................................642, 7 Public Works Inspector (all levels)........................................................................................3, 4, 5 PublicWorks Manager ..........................................................................................................1, 2, 5 Public Works Superintendent ................................................................................................1, 2, 5 Purchasing Agent....................................................................................................Full Disclosure RealProperty Manager..........................................................................................................1, 2, 6 RevenueManager..........................................................................................................................6 Risk Management Specialist......................................................................................................1, 2 RiskManager.............................................................................................................................1, 2 Senior Assistant City Attorney...............................................................................Full Disclosure SeniorBuilding Inspector..............................................................................................................3 SeniorCivil Engineer.............................................................................................................3, 4, 5 Senior Code Enforcement Officer .............................................................................................3, 4 Senior Council Assistant.........................................................................................Full Disclosure Senior Economic Development Specialist.............................................................................1, 2, 7 Senior Fire Inspector/Investigator..........................................................................................3, 4, 6 SeniorGraphic Designer................................................................................................................5 SeniorLand Surveyor................................................................................................................4, 5 SeniorLandscape Inspector...................................................................................................3, 4, 5 SeniorLibrarian.............................................................................................................................6 Senior Management Analyst......................................................................................................5, 7 Senior Open Space Inspector.....................................................................................................3, 5 SeniorPark Ranger........................................................................................................................3 Senior Plan Check Engineer......................................................................................................3, 4 SeniorPlanner............................................................................................................................112 Senior Procurement Specialist................................................................................Full Disclosure SeniorProject Coordinator ....................................................................................................1, 2, 7 Conflict of Interest Code—Designated Positions Adopted by City Council on[DATE],Resolution No.2019-XXX 2019-09-24 Agenda Packet, Page 60 of 203 Posiflon Di*sdosure Cate or Senior Public Works Inspector..............................................................................................3, 4, 5 Senior Risk Management Specialist..........................................................................................1, 2 SpecialEvents Coordinator............................................................................................................3 Star water Environmental Specialist (all levels)..........................................................................3 Starwater Program Manager...............................................................................................3, 4, 5 Supervising Public Safety Analyst.............................................................................................3, 6 Transportation Engineer.........................................................................................................3, 4, 5 Veterinarian (Permitted, all levels, except hourly)........................................................................6 Wastewater/Stormwater Operations Manager.......................................................................1, 2, 6 Board and Commission Members: Board of Appeals and Advisors Members.....................................................................2, 5 Boardof Ethics Members ..............................................................................................I, 2 Civil Service Commission Members..................................................................................3 Charter Review Commission Members......................................................Full Disclosure Districting Commission Members..............................................................Full Disclosure Growth Management Oversight Commission Members ...............................................2, 4 Historic Preservation Commission ................................................................................112 Mobilehome Rent Review Commission Members........................................................I, 2 Consultants/Newly Created Positions*...................................................................Full Disclosure Hearing Officers......................................................................................................Full Disclosure *Consultants and individuals in newly created positions shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation.- The City may determine, in writing, that a particular consultant or individual in a newly created position, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is,not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's or new position's duties and, based upon that description, a statement of the extent of disclosure requirements. The determination for consultants shall be included in the contract by which the consultant is hired by the City. The determination for newly created positions shall be documented on an FPPC Form 804. The City's determinations are public record. Conflict of Interest Code—Designated Positions Adopted by City Council on[DATE],Resolution No.2019-XXX 2019-09-24 Agenda Packet, Page 61 of 203 I T 1 L spun" is m"MENT A A0""* Eft' ww"f& 0 1A io, Tt /A(i N uA :5 b CITY OF C H'U LA V I STA September 2 ,2019 File ILS: 19-043,3 'TITLE IL RESOLUTION OF; THE CITY COUNCIL OF THE CI"T"Y OF CHULA VISTA APPROVING A DECLARATION of COVENANTS, CONDITIONS, AND RESTRICTIONS BY AND BETWEEN SHE CI"T"Y" OF CHULA VISTA AND VILLAGE OF ESCAYA APARTMENTS, LLC, AND VILLAGE OF FSCAYA MIXED USE, LLC, TO PROVIDE 30 RESIDENTIAL UNITS IN OTAY RANCH VILLAGE 3 TO BE OPERATED AS AFFORDABLE RENTAL HOUSING FOR MODERATE INCOME HOUSEHOLDS IN SATISFACTION OF THE CITY'S BALANCED COMMUNITIES POLICY RECOMMENDED ACTION Council adopt the resolution. SUMMARY Village of Fscaya Apartments, ILC and Village of Escaya Mixed Use, LTC ("Property Owner") proposes to develop a 272-unit housing project located in Otay Ranch Village 3 in the City of Chula Vista, of which 30 units will be operated as affordable rental housing for moderate-income households ("Project"). The 30 moderate-income affordable units are being provided consistent with the Affordable Housing Program of the tay Ranch Village 3 Sectional Planning area (SPS) Plan and the City's balanced Communities Policy. ENVIRONMENTAL 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 1.5378 of the state CFQA Guidelines because it will not result in a physical change in the en.viron.mento herefore,pursuant to Section 1.500c)(3)of the State CLQA Guidelines,the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b) 3) oft e California Environmental Quality pct State Guidelines.Thus,no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION On February 22, 201.7, the Planning Commission reviewed and approved the proposed site plans and. architectural elevations for the 272-unit development DiR1. -01032). 1 l Page 1 2019-09-24 Agenda Packet, gage 62 of 203 DISCUSSION In accordance with City of Chula Vista Housing Element established Policy 5.1.1 of the City's Housing Element of the General Plan("Balanced Community Policy"),the Affordable Housing Obligation for Otay Ranch Village 3 (also known as "Escaya") is 127 affordable units of which 63 units are to be for moderate-income households and 64 units are to be for low-income households. Pursuant to the Affordable Housing Transfer Agreement approved by City Council Resolution No. 2016-259, 64 of the required red low-income units and 33 moderate-income housing units were transferred to an off-site alternative or Otay Ranch Village 8. Therefore,a remaining balance of 30 moderate-income units are to be satisfied within Otay Ranch Village 3. Proposed Proiect Property Owner proposes to construct and operate a 272-unit mixed use project located on a 10.4-acre site comprised of three parcels (MU-1, MU-2, and CPF-1) within the "Village Green District"'of the Village 3 SPA Plan's village core (Attachment 1). A total of 30 units will be restricted for occupancy and affordable rental to moderate-income households and intermixed throughout the 272-unit Project. The Project proposes a mixed-use development that includes residential over ground floor retail along Avenida Escaya, multi-family units, a Community Purpose Facility (CPQ") building, parking, and associated open space and parking. The 272 rental apartments are offered in one,two,ort ree-bedroom models with floor plans ranging in size from 745 square feet to 1,464 square feet. Overall,the project proposes a total of 141 one-bedroom units, 112 two-bedroom units,and 20 three-bedroom rowhome units. Some of the onsite amenities include a pool,a pavilion with fireplace,television,and outdoor seating area,an enclosed dog park., and a gym with a climbing wall. Income and Rent Covenants Thirty(30)units of the total 272 residential units,will be operated as affordable rental housing for moderate- income households the "Affordable Units") in compliance with the Affordable Housing Program. The unit break down, income restrictions and estimated rents (minus a utility allowance) is summarized in the table below. U Nit M'' 'ber'of,' Income Level 2019 Estim"nated Rents' Cr to nit Des 'ip ion, Unlits, (96,of A re a,Median Income Minus a Utility A llowvan'ce' ), 1 bedroom is Moderate-income(120%AMI) $ 1,897 2 bedroom 14 Moderate-income(120%AMI) $ 2,136 3 bedroom 1 Moderate-income(120%AMI) $ 2,373 TOTAL 30 Notes: 1 Health&Safety Code Section 50053.As of this publication date, that number is one-twelfth (1112)of thirty percent PO of one hundred ten percent(110%)of Area Median Income,adjusted for household size(1+1) Pzige 2 2019-09-24 Agenda Packet, Page 63 of 203 The income and rent restrictions are incorporated into the Declaration of Covenants, Conditions and Restrictions ("Declaration"') to be recorded against the property and will be binding on the Property Owner and its successors and assignees in the Project. The Declaration will be maintained for a period of 20 years. The Declaration is provided in substantially final form as Attachment 2. Conclusion As established in the City's Housing Element of the General Plan and the current housing market conditions in California,the City has a pressing need for quality affordable housing and in general, more balanced and varied housing, particularly in the eastern area of'tie City to accommodate all economic segments of the community. The Project will provide an integrated mix of'moderately priced housing for middle income families along with market rate housing, onsite amenities, and a desirable location directly adjacent to key neighborhood services,amenities and facilities. DECISION-MAKER CONFLICT' Staff has reviewed the property holdings of the Council members and has found no property holdings within 1,00�O feet of the boundaries of the property which is the subject of this action. Consequently,this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8),, for purposes of the Political Reform Act (Cal. Gov't Code §871000 et seq.). Staff is not independently aware, and has not been informed by any Council Member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter." CURRENT-YEAR FISCAL IMPAC 111r The Balanced Communities Program is self-supporting, with the Property Owner responsible for the payment of all costs to process the Affordable Housing Agreement. The Chula Vista Housing Authority will receive compensation for its services in the form of a set-up fee for mo'nitoring compliance of the regulatory restrictions (i.e. Declaration). The set-up fee paid by the Property Owner is $1,950. There is no net impact to the General Fund,Development Services Fund,or Housing Fund in the current fiscal year as a result of this action. ONGOING FISCAL IT Staffcosts associated with ongoing monitoring for compliance will be reimbursed from an annual monitoring fee in an amount equal to the set-up fee ($1,950), increased by three percent (3%,) cumulative each year. There is no ongoing net impact to the General Fund,Development Services Fund,or Housing Fund as a result of this action. ATTACHMEN'TS 1. Locator Map 2. Declaration of Covenants, Conditions and Restriction Staff Contact: Jose Dorado,Senior Management Analyst, DSD-Housing P zi g e 3 2019-09-24 Agenda Packet, Page 64 of 203 RESOLUTION No. 201 RESOLUTION of THE CITY COUNCIL of THE CITY of CHULA VISTA APPROVING A, DECLARATION ole COVENANTS, CONDITIONS, ANIS RESTRICCTIONS BY AND BETWEEN THE CITY OF CCHULA VISA AND VILLAGE OF ESCCAYA APARTMENTS, LLC, AND VILLAGE OF ESCCAYA MIXED, USE, LLC, TO PROVIDE 30 RESIDENTIAL UNITS 1. OTAY RANCH VILLAGE 3 TO BE OPERATED AS AFFORDABLE RENTAL HOUSING FOR MODERATE INCOME HOUSEHOLDS IN SATISFACCTION OF THE CITY'S BALANCED' D C OMMUNITI S POLICY WHEREAS, the City of Chula Vista Housing Element established Policy 5.1.1 of the City's Housing Element of the General Plan ("Balanced Community policy"), which requires the occupancy and affordability of ten percent (10%) of each housing development of 50 or more units for low- and moderate-income households, with at least one half of those units (5% of project total units) being designated for low-income households (the "Affordable Housing Obligation"). The Balanced Community Policy also allows, under specified circumstances, alternative means of compliance; and WHEREAS, HomeFed Village III Master, LLCM "Village 3 owner") owns the property known as Village 3 of Otay Ranch and entered into a Balanced Communities Affordable Housing Agreement for Otay Ranch Village 3 ("Affordable Housing Agreement") with the City of Chula Vista ("City") outlining the construction of 1,265 residential units, with a corresponding affordable housing obligation of 127 affordable housing units consisting 64 low-income units and 63 moderate-income units ("Village 3 Affordable Housing Obligation"); and WHEREAS, Otay Land Company, LCC, a Delaware limited liability company, and HomeFed Otay Land II, LLC, a Delaware limited liability company (collectively, "Village Owner") and City entered into an Affordable Housing Transfer Agreement to allow the transfer of the Village 3 Affordable Housing Obligation for 64 low-income housing units and 33 moderate-income :housing units ("Transferred Affordable Housing obligation") to the development of Otay Ranch.Villages 8 West and 8 East (collectively, "Village "); and WHEREAS, Village of Escaya Apartments, LLC and Village of Escaya Mixed Use, LCC ("Property Owner") proposes to construct and operate a 272-unit m.ixed-use residential project (the "Project") on a 10.4 acre site comprised of three parcels (MLT-1, MLT-2, and. CCPF-1) within the "Village Green District" of the Village 3 SpA, p'lan's village core (as more particularly described on the Property Legal Description attached hereto as Exhibit "A", the '.'Property"); an d WHEREAS, it is Property Owner"s intent to enter into and record a Declaration of Covenants, Conditions and Restrictions to provide 30 residential units within the Project to be operated as affordable rental housing for moderate-income households (the "Affordable .nits") to satisfy the balance of Village 3 Owner's moderate-income housing requirement as set forth in 2019-09-24 Agenda Packet, gage 65 of 203 Council Resolution No. 2019 page that Affordable Housing Agreement; and WHEREAS, the Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act C . ) and has determined that the activity is not a "project'' as defined under Section 15378 of the California Environmental. Quality .Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the execution and recordation of a Declaration of Covenants, Conditions and Restrictions to provide 30 residential. units within the project to be operated as affordable rental housing for moderate-income households in satisfaction of the balance of Village 3 downer's moderate-income housing requirement, in: substantially the form presented to the City, and mare such modifications, changes or additions to the Declaration, as may be required or approved by the office of the !pity Attorney, a copy of which shall be Dept on file in the office of the City Clerk. Presented by Approved as to form by Kelly G. Broughton, F ASEA Filen R. Googins Development "Services Director deity Attorney 2019-09-24 Agenda Packet, gage 66 of 203 Page I of 1 Locator leap �I L i1 121 Z' 1701101 4 277 12 �p i/� rlil elm a rr , , �� y %%ia..,,,. 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AVEINIDA E AYA 7 1960 PASEO CULTURA 3 644061 0901 644061.4901 1955 VIA BUENA 1925 AVENIDA E CAVA 4644161 6440610900 (19U� 1152 CAMINO DE VIDA 1135 CAMINO PAEL"SADA. 5 10 44061 01900 64461 C19 � 6 . 1175 CAMINO ALDER 11.65 CAMINO DE VIDA Mai kale Disclaimer:Map and parcel data are believed to he accurate,but accuracy is not guaranteed. This is not a legal < V15T document and sh should not be substituted fear a title search,apprai,sal,survey,ar fear inning verification. 1,inch=333 feet Lldlk Fftm,1190MUR�a�VINN8/30/2019 2019-09-24 Agenda Packet gage 67 of 203 http://gis.chulavistaca.gov/cvmapper/ 08/29/201 No CHARGE ON THIS DOCUMENT PER CALIFORNIA GOVERNMENT CODE SECTION 6103 Recording Requested By And When Recorded Mail To: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91° 10 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (TENANT RESTRICTIONS (Lots 824 and 852 of Map No. 16160 to Rance Village Three) THIS DECLARATION of COVENANTS, CONDITIONS .ANIS RESTRICTIONS ("Declaration") is dated as of the day of , 20191 by VILLAGE OF ESCAYYA APARTMENTS, ITC, a Delaware limited liability company ("Owner"), and VILLAGE OF SCAYA MIXED USE, LLC, a Delaware limited liability company ("MasterTenant") (Owner and Master Tenant shall collectively be referred to in the singular as "Declarant") in connection. with that certain parcel of real property "Property") located in the City of Chula Vista ("City"), County of San.Diego, California,described in Exhibit"A"attached hereto and incorporated herein by reference. RECITALS A. The City of Chula Vista Housing Element established Policy 5.1.1 of the City's Housing Element of the General Plan ("Balanced Community Policy"), which requires the occupancy and affordability of ten percent(10%)of each housing development of 50 or more units for low and moderate-income households, with at least one half"of those units (5% of project total units) beim designated for low-income households (the "Affordable Housing Obligation"). The Balanced Community Policy also allows, under specified circumstances,ces, alternative means of compliance. B. The Property is located within OtaNy Ranch Village 3 in Chula Vista, California(as more particularly described on the Property Legal Description attached hereto as Exhibit"A'% the "Property"). Declarant has acquired title to the Property and will be constructing a two hundred seventy-two (212) unit housing project and related improvements (the "Project"). C. The City and HomeFed Village l.l.l Master, LLC, a Delaware limited liability company ("Original Developer") entered into a Balanced Communities Affordable Housing Agreement for Otay Ranch Tillage 3 ("Affordable Housing Agreement").. 1 2019-09-24 Agenda Packet, gage 68 of 203 D. In accordance with Policy 5.1.1, Developer is obligated to meet the Affordable Housing Obligation of 127 affordable units of which 63 units are to be for moderate income households and 64 units are to be for low income households. Sixty-four of the required low income units and 33 moderate income housing units required for Otay Ranch Village 3 have been satisfied by transfer of low-income moderate income affordable housing units to Otay Ranch Village 8 pursuant to an Affordable Housing Transfer Agreement among the City, Otay and Company, LLC, a Delaware Limited Liability Company, HomeFed Otay Land 11, LLC, a Delaware limited liability company, and Original Developer, leaving 30 moderate income units remaining to be satisfied within the Project. E. To meet the requirements of the Balanced Community Policy, the Declarant has agreed to enter into and record this Declaration to provide thirty(30)units within the Project to be operated as affordable rental housing for moderate income households (the "Affordable Units") in accordance with the Affordable Housing Agreement. F. The purpose of this Declaration is to regulate and restrict the rents and occupancy of the Affordable Units and to implement controls on the ownership, operation, and management of the Affordable Units. The covenants in this Declaration are intended to run with the land and be binding on the Declarant and its successors and assigns in the Property. This Declaration is the "Regulatory Agreement" described in the Affordable Housing Agreement. NOW, THEREFORE, Declarant hereby declares that the Property shall be subject to the covenants, conditions and restrictions set forth below: 1. Restrictive Covenants. Declarant agrees and covenants on behalf of itself and its successors and assigns, and each successor in interest to the Property, that at all times during the to of this Declaration set forth herein thirty (30) units at the Property shall be set aside and reserved as "Affordable Units." As used herein the term "Affordable Units" shall refer to those residential units at the Property which are leased strictly in accordance with the terms and conditions set forth below. (a) Affordable Unit Restrictions. The following restrictions shall apply to the thirty (30) Affordable Units. The restrictions set forth in the Table below shall establish the maximum rental rate, when not precluded by state law, from which a utility allowance, as approved by the City, shall be deducted: TABLE 1: RENT, INCOME AND OCCUPANCY RESTRICTION CRITERIA UNIT NUMBER OF MAXIMUM%OF MAXIMUM MONTHLY YEARS of MINIMUM UNIT DESCRIPTION AFFORDABLE AREA MEDIAN RENTS AS PERCENTAGE RENT OCCUPANCY UNITS INCOME OF OF AREA MEDIAN RESTRICTION ELIGIBLE INCOME ADJUSTED FOR, TENANTS FAMILY SIZE ".Income Limit" APPROPRIATE FOR,THE UNIT I br/I ba 15 120%,of AMI 1112"'of 30%of 110%of AMI 20 1 person 2 br/2 ba 14 120%of AM 1 1.112`'of 30%of 110%of AMI 20 2 persons 3 br/2 ba 1 120%of AM 1 1.112`'of 30%of 110%of AMI 20 3 persons 2 2019-09-24 Agenda Packet, Page 69 of 203 4 5 6' SNIT NUMBER °"MAXIMUM of IA /�OF MAXIMUM MONTHLY YEARS of MINil`�`1U�VI UNIT . AFFORDABLE AREA MEDIAN RENTS As PERCENTAGE NT OCCUPANCY DESCRIPTIONNUNITS INCOME of of AREA MEDIAN RESTRICTION ELIGIBLE INCOME ADJUSTED FOR. TENANTS FAMILY SIZE "Income Limit" APPROPRIATE FOR THE UNIT TOTAL AFFORDABLE 30 UNITS (b) "Eligible Tenants"are those tenants whose aggregate gross annual income does not exceed the respective percentages set forth in Table 1 above of the annual median income, as adjusted for household size. Full-time students who entirely occupy an Affordable Unit shall only be considered Eligible Tenants if such students meet the requirements of Section 142 d 2 C) of the Internal Revenue Code. All the units shall be Affordable Units as referenced in the Table. For purposes of this Declaration,the current annual median income shall be the median income defined by the State Department of Housing and Community Development ("HCD") as the then current median income for the San Diego Standard Metropolitan Statistical Area, established periodically by HCH as adjusted for household size. The rents and the occupancy restrictions shall be deemed adjusted, from time to time, in accordance with any adjustments, that are authorized by AICD or any successor agency. In the event HCI ceases to publish an established median income as aforesaid, the City may, in their sola discretions, use any other reasonably comparable method of computing adjustments in area median income. Notwithstanding anything contained herein to the contrary, to the extent any other restrictions applicable to the property limit the rent and/or occupancy of the property, the most restrictive shall apply. (c) An adjustment of rents may be performed annually in accordance with the rents contained in the IACD rent schedules published by the City for the affected unit type and updated from time to time. Further, the rents charged shall be further limited as set forth in Section 1 , hereof. 2. Affordable Marketing plan Compliance; Selection of Residents. Declarant shall utilize the City's standardized management and marketing plan for rental of all of the Affordable Units. Declarait's marketing of the Affordable Units shall be in compliance with federal and state fair housing laws. The marketing plan, at a minimum, rewires publicizing the availability of the Affordable Units within the City, such as notices in any City-sponsored newsletter, g a vertisiri in local newspapers, and notice in City offices. In the event the City implements a master waiting list for affordable housing in the City "Master List"), them Developer shall provide notices to persons on the Master List of the availability of the Affordable Units, prior to undertaking other fon-ns of marketing. Developer shall give the persons or the Plaster List not fewer than fifteen (15) days after receipt of such notice to respond by submitting application forms for rental of the Affordable Units. Selection of residents shall be made based uponthe .Master List, rather than on first-come, first-serve basis. provided, however, i all tenants of each Affordable Unit shall meet the income requirements set forth herein and tenancy and eligibility shall.be in conformance with the terms and standards set forth in the management marketing plan and no preference may e used for the purpose or effect of delaying or otherwise denying admission to the property or unit based on the race, color, ethnic origin, gender, religion, disability, or age of any member of an applicant household; and (ii) nothing herein shall restrict Declarant from screening tenants 3 2019-09-24 Agenda Packet Page 70 of 203 through the application of criteria which is lawful and customary in apartment management in San Diego County and otherwise consistent with federal, state and local regulations and restrictions related to the financing for the Project. 3. Determination; Annual Requalification. Declarant shall obtain from each person to whom Declarant leases an Affordable Unit a "Supplemental Rental Application" ("Application") inthe form of Exhibit"B", attached hereto or such other reasonable form as City may from time to time adopt). Declarant shall be entitled to rely on the Application and supporting documents thereto in determining whether a household is an "Eligible Tenant" as may be established in Declarant's application review guidelines. Declarant shall retain the Application and supporting documents for a period of not less than three(3)years after the applicant ceases to occupy an Affordable Unit. An Affordable Unit occupied by an Eligible Tenant, shall be treated as an Eligible Tenant until a recertification of such tenant's income demonstrates that such tenant no longer qualifies as an "Eligible Tenant." Declarant is required to recertify existing Moderate-Income Households for continuing eligibility within 90 days of the annual renewal of each tenant lease. Declarant shall require all existing Moderate-Income Households to complete a Recertification Application and review such Application to determine eligibility for occupancy of a Moderate-Income Unit. 4. Increased Income of Tenants. (aTcn-qualifying Household. If, upon recertification of the income of a Tenant of an Affordable Unit, the Declarant determines that such Tenant's income exceeds 140 percent of the AMI, such Tenant may be permitted to continue to occupy the unit at the then current market rate rent or be provided with a sixty(60) day notice of the lease non-renewal. Declarant shall rent the next available unit of comparable size to a Moderate-Income Household, as applicable, to meet the requirements of Section I above. Declarant shall maintain the occupancy requirements set forth in Section I(a) above and shall also be reported annually in accordance with monitoring requirements set forth in Section 9. 5. Relations,h,i,pwith Declarant. The term "Eligible Tenant" shall not include Declarant or any individuals who are partners or shareholders in Declarant or in any entity having an interest in Declarant or in the Property, or officer, employee, agent or consultant of the owner, developer or sponsor. 6. Income of Co-tenants, etc. The income of all, co-tenants and/or non-dependent occupants shall be taken into account in determining whether a household is an Eligible Tenant hereunder. 7. Eviction/AnyReason Other Than Over Income. In the event that a tenant who was properly certified as an Eligible Tenant at the commencement of such tenant's occupancy ceases to be eligible or defaults under its lease, for any reason other than Annual Income exceeding the maximum qualifying income for a Moderate Household, Declarant shall have the right to pursue all legal remedies available under such tenant's lease to cause such tenant to vacate the Affordable Unit. The vacated Affordable Unit shall thereafter be rented to an Eligible Tenant. 4, 2019-09-24 Agenda Packet, Page 71 of 203 8. Maintenance/Physical Condition of Affordable Units. After completion of the Affordable Units, Declarant shall continually maintain the Affordable Units in a condition which satisfies the Housing Quality Standards promulgated by HUD under its Section 8 Program, as such standards are interpreted and enforced by City under their normal policies and procedures. City shall have the right to inspect the Affordable Units from time to time, on reasonable notice and at reasonable times, in order to verify compliance with the foregoing maintenance covenant. Further, each Affordable Unit shall be requalified annually, as to the foregoing maintenance covenant, as part of the annual tenant requalification process described in Section 3 above. Any deficiencies in the physical condition of an Affordable Unit shall be corrected by Declarant at Declarant's expense within thirty (3 0) days of the identification of such deficiency by City and delivery of written notice of the same to Declarant (unless such deficiency is not capable of being cured within such thirty (30) day period, then such amount of time as City determines is needed, not to exceed one hundred twenty(120)days,provided Declarant commences cure within such thirty(3 0)day period and continues to diligently pursue cure). 9. Monitoring. It is contemplated that, during the term of this Declaration, the City will perform the following monitoring functions: (a) preparing and making available to Declarant any general information that the City possess regarding income limitations and restrictions is are applicable to the Affordable Units-, (b) reviewing the documentation submitted by Declarant in connection with the annual certification process for Eligible Tenants described in Section 3,above, and(c) inspecting the Affordable Units to verify that they are being maintained in accordance with Section 8, above. All Moderate-Income Units shall be monitored on an annual basis to determine compliance with the occupancy requirements set forth in Section I(a) above. Declarant is required to submit an annual monitoring report in a form, on a date and at a location determined by City. Declarant shall cooperate with and utilize such forms, software, websites and third-party vendors as may be required by City. Notwithstanding the foregoing description of City functions, Declarant shall have no claim or right of action against the City based on any alleged failure to perform such function. 10. Declarant Required to Pay Monitoring Fees. Declarant shall pay the City Housing Division a set-up fee of One Thousand Nine Hundred Fifty Dollars ($1950.00) which shall be paid by Declarant to City within ten(I 0)days of written demand for the same. Thereafter,in each subsequent year during the ten-n of this Declaration, Declarant shall pay to City an annual monitoring fee, in an amount equal to the set-up fee, increased by three percent (3%) cumulative each year. The annual monitoring fee shall be paid to City annually within ten (10) days after City provides a written invoice for the same. Failure to timely pay such fees, if such failure continues for more than ten (10) days after Developer receives written notice of such failure,,shall constitute a material default under the terms and conditions of this Declaration. Both the set-up fee and annual monitoring fee shall be paid to City as a consideration for the lending of funds by Agency to Declarant. 11. Lease Provisions. Declarant agrees that it will include in all.of its leases for the Affordable Units, and cause its successors in interest to include in all of their leases for the Affordable Units, the following provision: Lessee agrees, upon written request from the Landlord, City of Chula Vista ("City"),to certify under penalty of perjury the accuracy of all information provided in connection with the examination or reexamination of annual income of the 5 2019-09-24 Agenda Packet, Page 72 of 203 tenant's household. Further, tenant agrees that the annual income and other eligibility requirements are substantial and material obligations of the tenancy and that the tenant will comply promptly with all requests for information with respect to the tenancy from the Landlord or City. Further, tenant acknowledges that tenant's failure to provide accurate information regarding such requirements (regardless of whether such inaccuracy is intentional or unintentional)or the refusal to comply with the request for information with respect thereto, shall be deemed a violation of this lease provision, and a material breach of the tenancy and shall constitute cause for immediate termination of the tenancy. 12. Non-Discrimination. (a) Obligation to Refrain from Discrimination. Declarant covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of, any person or group of persons on account of race,color,creed,religion, sex, sexual orientation,marital status,, national origin, ancestry, familial status, source of income or disability in the sale, lease, sublease, transfer,use, occupancy, tenure or enjoyment of the Property, nor shall Declarant or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, l 2926.1, subdivision (in) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, with reference to the selection, location, number, use or occupancy of tenants,lessees,subtenants,sublessees or vendees of the Property or the rental, lease sale of the Property and any dwelling unit thereon. The foregoing covenants shall run with the Property. (b) Nondiscrimination Covenants. Declarant shall refrain from restricting the rental, lease and sale of the Property and any dwelling unit thereon on the basis of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income or disability of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or no segregation clauses: (1) Deeds. In deeds "The grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial status, source of income, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed,nor shall the grantee itself or any person claiming under or through it, establish or pen-nit any such practice or practices of discrimination or segregation with reference to the selection, location, number,use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall,run with the land." (2) Leases. In leases "The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: 6 2019-09-24 Agenda Packet, Page 73 of 203 That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial status, source of income, marital status, national origin or ancestry in the leasing, subleasing, renting, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased." (3) Contracts. In contracts "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, sexual orientation, disability,medical condition, familial status, source of income, marital status,national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land." 13. Successors Bound. Declarant covenants, for itself and its successors and assigns, not to sell,transfer, assign or otherwise dispose of ownership of the Property, without the express written consent of the City, whose consent shall not be unreasonably withheld, unless to an affiliate of Declarant. Any prospective purchaser,transferee or assignee(including any affiliate of Declarant) shall expressly promise in writing to be bound by all of the provisions hereof, including the covenant in this Section 13 to require successors to expressly assume the obligations herein. Upon any such transfer,Declarant shall be released from any obligations required to be performed under this Agreement from and after the date of transfer with respect to the portion of the Property so transferred; provided, Declarant and each transferee or assignee (including any affiliate of Declarant) will remain responsible for its obligations under this Agreement for its period of ownership of the Property or part thereof). Following any transfer,a default under this Agreement by a Party (i.e., the Declarant or any transferee or assignee) shall, not constitute a default by any other Party under this Agreement and shall have no effect upon the non-defaulting Party's rights and obligations under this Agreement with respect to their portions of the Property. 14. Maximum Rent To Be Collected by Declarant. In no event, shall, all of the rent, including the portion paid by the Eligible Tenant and any other person or entity, and collected by Declarant (the "Total Rent") for an. Affordable Unit exceed the amount of rent set forth, in Table 1. Total Rent includes all payments made by the Eligible Tenant and all subsidies received by Declarant. In the case of persons receiving Section 8 benefits, who are Eligible Tenants, Declarant acknowledges that it shall not accept any subsidy or payment that would cause the Total Rent received for any restricted unit to exceed the maximum rents allowed in Table I for any Affordable Unit. Should Declarant receive Total Rent in excess of the allowable maximum rent set forth in Table 1, Declarant agrees to immediately notify City and reimburse the City for any such overpayment. Acceptance by Declarant or its successor in interest, of Total Rent in excess of the 7 2019-09-24 Agenda Packet, Page 74 of 203 maximum rent set forth in Table I shall constitute a material breach of this Declaration. The City, in its sole and unfettered discretion, may waive a breach of this paragraph if it determines and informs Declarant in writing that Declarant's actions to immediately notify City of the overpayment and reimbursement to City for such overpayment has satisfactorily cured the breach of this paragraph. 15. Term. This Declaration and the covenants and restrictions contained herein shall be effective on the date this Declaration is recorded and shall remain in full force and effect for a period of twenty (20) years from the date of issuance of the certificate of occupancy for the first residential unit at the Property. Upon the termination of the terms of this Regulatory Agreement, the parties hereto agree to execute, deliver and record appropriate instruments of release and discharge of the! terms hereof,- provided, however, that the execution and delivery of such instruments shall not be necessary or a prerequisite to the termination of this Regulatory Agreement in accordance with its terms. 16. Enforcement. Declarant expressly agrees and declares that the City or any successor public entity or agency is, a proper party and shall have standing to initiate and pursue any and all actions or proceedings, at law or in equity to enforce the provisions hereof and/or to recover damages for any default hereunder, notwithstanding the fact that such damages or the detriment arising from such default may have actually been suffered by some other person or the public at large. Further, the City or any successor public entity or agency shall be the proper party to waive, relinquish, release or modify the rights, covenants, obligations or restrictions contained in or arising under this Declaration. 17. Attorneys' Fees. In the event that any litigation for the enforcement or interpretation of this Declaration, whether an action at law or arbitration or any manner of non-judicial dispute resolution to this Declaration by reason of the breach of any condition or covenant, representation or warranty in this Declaration, or otherwise arising out of this Declaration, the prevailing party in such action shall,be entitled to recover from the other reasonable attorneys' fees to be fixed by the court which shall render a judgment, as well as the costs of suit. 18. Severabi . In the event that any provision or covenant of this Declaration is held by a court of competent jurisdiction to be invalid or unenforceable, then it shall be severed from the remaining portions of this Declaration which shall remain in full force and effect. 19. Covenants to Run With the Land. The covenants contained herein shall constitute "covenants running with the land,"and shall bind the Property and every person having an interest therein during the term of this Declaration. Declarant agrees for itself and its successors that, in the event that, for any reason. whatsoever, a court of competent jurisdiction determines that the foregoing covenants do not run with the land, such covenants shall be enforced as equitable servitudes against the Property. 20. Recordation- Waiver and Amendment; Payment of Fees. This Declaration shall be 2 recorded in the Office of County Recorder of San Diego, California. No provision of this Declaration, or breach of any provision, can be waived except in writing. Waiver of any provision or breach shall not be deemed to be a waiver of any other provision, or of any subsequent breach 8 2019-09-24 Agenda Packet, Page 75 of 203 of the same or other provision. Except as otherwise provided herein, this Declaration may be amended, modified or rescinded only in writing signed by Declarant and the City and such amendment or memorandum thereof recorded in the Office of County Recorder of San Diego, California. In the event the City consents to such an amendment, modification or rescission, the same shall be conditioned upon Declarant's payment of all fees and costs incurred by the City with respect to the same, including without limitation attorney's fees. The City may waive the aforementioned costs and fees if the amendment, modification, or rescission is required solely because of City action. 21. Remedies. (a) Contract Governed bv Laws of State of California. This Declaration, its performance, and all suits and special proceedings under this Declaration, shall be constituted in accordance with the laws of the State of California and Federal law, to the extent applicable. In any action, special proceeding, or other proceeding that may be brought arising out of, under or because of this Declaration,, the laws of the State of California and the United States, to the extent applicable, shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which the action or special proceeding maybe instituted. Cumulative(b) Standinjiz, Equitable Remedies-, Remedies. Declarant expressly agrees and declares that City or any successor or public entity or agency shall be the proper party and shall have standing to initiate and pursue any and all actions or proceedings, at law or in equity, to enforce the provisions hereof and/or to recover damages for any default hereunder, notwithstanding the fact that such damages or the detriment arising from such a default may have actually been suffered by some other person or by the public at large. Further,Declarant expressly agrees that injunctive relief and specific performance are proper pre-trial and/or post-trial remedies hereunder, and that, upon any default, and to assure compliance with this Declaration. The remedies set forth in this Section are cumulative and not mutually exclusive, except the extent that their award is specifically determined to be duplicative by final order of a court of competent jurisdiction. (c) Remedies at Law for Breach of Tenant Restrictions. In the event of any material default under Sections, I through 15 hereof regarding restrictions, on the operation and the leasing of the Property, the City shall be entitled to, in addition to any and all other remedies available at law or in equity,recover compensatory damages. If the default in question involves the collection of rents in excess of the rents permitted hereunder, the amount of such compensatory damages shall be the product of multiplying: (a) the number of months that the default in question has continued until the time of trial by (b) the result of subtracting the rents properly chargeable hereunder for the Affordable Units in question from the amount actually charged for those Affordable Units. Declarant and the City agree that it would be extremely difficult or impracticable to ascertain the precise amount of actual damages accruing to City as a result of such a default and that the foregoing formula is a fair and reasonable method of approximating such damages. The City shall be entitled to seek and to recover damages in separate actions for successive and separate breaches which may occur. Further, interest shall accrue on the amount of such damages from the date of the breach in question at the rate often percent(10%)per annum or the maximum rate than allowed by law, whichever is less. 9 2019-09-24 Agenda Packet, Page 76 of 203 (d) Expert "Witness., Attomevs' Fees, and Costs. The parties agree that the prevailing party in litigation for the breach and/or interpretation and/or enforcement of the terms of this Declaration shall be! entitled totheir expert witness fees, if any, as part of their costs of suit, and reasonable attorneys' fees as may be awarded by the court, pursuant to California Code of Civil Procedure ("CCP") §1033.5 and any other applicable provisions of California law, including, without limitation, the provisions of CCP §998. 22. Mortgagees Protection. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Declaration shall defeat or render invalid or in any way impair the lien or charge of any deed of trust or mortgage recorded on the Property provided, however, that any subsequent owner of the Property shall be bound by the covenants, conditions, restrictions,limitations and provisions of this Declaration,whether such owner"s title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. However, no beneficiary under any such deed of trust or any purchaser at a foreclosure sale of such deed of trust shall be obligated to cure any of the payment defaults of the property's previous owner unless such obligation is expressly assumed in writing. 23. Entire Agreement. This Declaration contains the entire agreement between the parties relating to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein. No claim as a third-party beneficiary under this Declaration by any person, corporation or any other entity, shall be made or be valid against City or Developer. 24. Noticing Requirements Prior to Termination. Prior to termination of this Declaration, Declarant shall comply with any and all noticing requirements required under any applicable laws or regulations, including without limitation, the requirements of California Government Code Sections 65863.10 and 65863.11. 25. Si nature Author . The individuals signing this Agreement on behalf of the City warrant that (i) he or she is, duly authorized to sign and deliver this, Agreement on behalf of the City in accordance with a duly adopted resolution of the City Council of the City and (ii) this Agreement is binding upon the City in accordance with its terms. Developer warrants that (i) the individual executing this Agreement on behalf of such party is duly authorized to sign and deliver this Agreement on behalf Of such party, and (ii) this Agreement is binding upon the company in accordance with its terms. (Signature Page to follow.) 10 2019-09-24 Agenda Packet, Page 77 of 203 SIGNATURE PAGE TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (TENANT RESTRICTIONS (Lots 824 and 852 of Mal) No. 16160 Otay Ranch Villne Three) Declarant: VILLAGE OF SCA. A.APARTMENTS, LLC, a Delaware limited liability company By: HomeFed Village 111, LLC, a Delaware limited liability company, its sole member By: Name: Title: VILLAGE OF ESCAYA MIXED USE, LLC, a Delaware limited liability company By: Rampage Vineyard, LLC, a Delaware limited liability company, its sole member By: Name.- Title: 2019-09-24 Agenda Packet, Page 78 of 203 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached.,and not the truthfulness.,accuracy,or validity of that document. of State of California County of San Diego On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the of State of California that the foregoing paragraph is true and correct. WITNESS may hand and official seal. Signature 12 2019-09-24 Agenda Packet, Page 79 of 203 Exhibit "A" Property Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CHULA VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS 824 AND 825 OF ALL OF CHU A VISTA TRACT NO. 1 -02, OTAY RANCH VILLAGE NORTH, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 21, 2016. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND, ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR AND, STORING IN AND REMOVING THE SANTE FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RICHT TO WHIPSTOC OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED 'WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO R,EDRILL, RE UNNE , EQUIP, AINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER, FIVE HUNDRED 5001 FEET OF THE SUBSURFACE OF THE PROPERTY, AS RESERVED BY HOMEFED VILLAGE III, LLC, ..A. DELAWARE LIMITED LIABILITY COMPANY IN GRANT DEEB RECORDED APRIL 25, 2016, AS INSTRUMENT NO. 2916- 0199316 OF OFFICIAL APN 644-061-08 AND 09 1. 2019-09-24 Agenda Packet, gage 80 of 203 Exhibit "B" Supplemental Rental Application 14 2019-09-24 Agenda Packet, Page 8,1 of 203 Exhibit B SAMPLE SUPPLEMENTAL RENTAL APPLICATION Insert Name Apartments Supplemental Application Insert Name Apartments offers apartments located at Insert Address . The units consist of 1,2 and 3 bedroom units. For more information about Insert Name Apartments, the units, floorplans, etc, please stop bythe Rental Office at Chula Vista, CA 9191 �. The purpose of this program is to provide affordable rental opportunities for low-income households and to ensure that City of Chula Vista meet the goals set forth in the City's Housing Element and HUD approved Consolidated Plan. The City of Chula Vista and Insert Ownership Name welcomes your interest in Insert Name Apartments and requests that you read this information in its entirety. It is very important that you understand ALL of the program requirements. Once you agree to rent an affordable unit you are bound by all of the requirements. AFFORDABLE HOUSING UNITS—MODERATE INCOME In order to qualify to rent an Affordable Housing Unit, applicants must meet ALL of the requirements outlined within this document. Income restrictions apply. Please refer to the chart below for the MAXIMUM gross income based upon household size,which is defined as the total number of people residing within the household. You must be able to provide evidence that the people you list as household occupants will, reside in the affordable unit. Gross income is the total amount of income earned by all persons, over the age of 18, within the household before all standard withdrawals (including federal tax, state tax, social security, etc.) Affordable Unit Restrictions The restrictions set forth in the Table below shall, establish the maximum rental rate, which shall be adjusted for family size appropriate for the Affordable Unit, from which a utility allowance as approved by the City Manager shall be deducted. The family size appropriate for the Affordable Unit for purposes of establishing the maximum rental rate shall be calculated at one person per bedroom plus one. Exhibit B-1 2019-09-24 Agenda Packet, Page 8,2 of 203 Exhibit B SAMPLE SUPPLEMENTAL RENTAL APPHCATtON TABLE of RENT AND INCOME RESTRICTION CRITERIA NIT TYPE MAXIMUM MONTHLY MAXIMUM INCOME of RENTS ELIGIBLE TENANTS I-Bedroom 1./12"'of 0%of 11 Off%of AMI 120%of AMI. 2-Bedroom 1./1.2"'of 0%of 11 O1%of AMI 120%of AMI. 3-Bedroom 1/12 th of 0%of 11 O1%of AMI 120%of AMI. "Eligible Tenants" are those tenants whose aggregate gross annual income does not exceed the respective percentages set forth in Table i above of the annual median income, as adjusted for household size. Full-time students who entirely occupy an Affordable Unit shall only be considered Eligible Tenants if such students meet the requirements of Section 142(d)(2)(C) of the Internal Revenue Code. All the units shall be Affordable Units as referenced in the Table. For purposes of this Declaration,the current annual median income shall be the median income defined by the State Department of Hous,ingand Community Development ("HCD") as the then current median income for the San Diego Standard Metropolitan Statistical Area, established periodically by HCD, as adjusted for household size. The rents and the occupancy restrictions shall be deemed adjusted, from time to time, in accordance with any adjustments that are authorized by HCD or any successor agency. In the event HCD ceases to publish an established median income as aforesaid, the City may, in their sole discretions, use any other reasonably comparable method of computing adjustments in area median income. Notwithstanding anything contained herein to the contrary, to the extent any other restrictions applicable e to the Property limit the rent and/or occupancy of the property, the most restrictive shall apply. Exhibit B-2 2019-09-24 Agenda Packet, gage 83 of 203 Exhibit B SAMPLE SUPPLEMENTAL RENTAL APPHCATtON ADDITIONAL AFFORDABLE HOUSING PROGRAM REQUIREMENTS RENT SELECTION CRITERIA [Insert if Applicable] The Property Management Company will use the following criteria in order to determine priority for rental of an Affordable Unit. A point system has been established so that applicants with a higher number of points will receive preference for units. [Insert Point System if Applicable] Exhibit B- 201 -a9-24 -2019-09-24 Agenda Packet, Page 8,4 of 203 Exhibit B SAMPLE SUPPLEMENTAL RENTAL APPLICATION AFFORDABLE HOUSING RESTRICTIONS APPLICATION REVIEW PROCESS Applicants will be contacted by the rental office staff via U.S. mail acknowledging receipt of complete application and supporting documentation. The property manager and the City ill review all applications to determine eligibility. •► Eligible applications will be forwarded to to be reviewed for eligibility. Please be advised that your financial information will be reviewed for two different purposes: ■ To determine that your household annual income does NOT exceed the maximum allowed by the City of Chula Vista for the Affordable Housing. ALL income will be considered for all persons living in the home who are 18 years or older, even if the income is not taxable income. ■ To determine if your income, employment history and credit rating are sufficient to qualify for a rental. Before you submit your complete application and supporting documentation please ask yourself the following questions, Do ;you: • Fleet ALL the program requirements? Have a ,food credit rating? Have stable income` If you have answered yes to ALL the above questions......... Fill out the attached application and submit it plus ALL required documentation and MAIL to. .TTN: Insert Ownership Name, LP Insert Marne Apartments, Exhibit n- 201 -09-24 Agenda Packet, gage 85 of 203 Exhibit B SAMPLE SUPPLEMENTAL RENTAL APPLICATION AFFORDABLE HOUSING UNIT APPLICATION (1) APPLICANT #1 Name Social Security Number Age Address City State Zip Code Employer Name and Address Position/Title Home Phone Work Phone Marital Status: F Single E Divorced E Married Gender: iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillillillillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillilillilI 2) APPLICANT #2 Name Social Security Number Age Address City State Zip Code Employer Name and Address Position/Title Home Phone Work Phone Marital Status: Ij Single L Divorced L Married Gender: Exhibit B-5 2019-09-24 Agenda Packet, Page 8,6 of 203 Exhibit B SAMPLE SUPPLEMENTAL RENTAL APPLICATION HOUSEHOLD INFORMATION: List ALL household members Including Applicant(s) that will reside in the Affordable Housing Unit. Attach proqf cif this information. Total# of persons in Household Total yearly Household Income $ Total Household Assets $ Name Age Relationship to Applicant Name Age Relationship to Applicant Name Age Relationship to Applicant Name Age Relationship to Applicant Name Age Relationship to Applicant Name Age Relationship to Applicant Exhibit B- 201 -a9-24 -2019-09-24 Agenda Packet, Page 8,7 of 203 Exhibit B SAMPLE SUPPLEMENTAL RENTAL APPLICATION RENTER SELECTION CRITERIA INFORMATION: Selection of Tenants: Absent a Master List described above, selection of tenants shall be made randomly by lottery within the following levels of priority, subject in all circumstances to applicable limitations imposed by law, including, without limitation, the Fair Housing Act under Federal law: f"you respond YES to any of"tie questions below,you MUS provide written evidence with your application satisfactory to the City of Chula Vista or you may not receive all eligible points. 1) Did you have to leave your most recent PRIMARY residence due to either:Being displaced from your primary residence as a result of an action of City or Agency, a condominium conversion involving the household's residence, expiration of affordable housing covenants applicable to such residence, or closure of a mobile home or trailer park community in which the household's residence was located, and the household resided in such housing as the household's primary place of residence for at least two years prior to such action or event. 11 Yes E No How long has this home been your primary residence? 11 2+ years E I year E Less than I year 2) Does your Household meet one of the following criteria: (i)households which are displaced from their primary residence as a result of an action of City or Agency, a condominium conversion involving the household's residence, expiration of affordable housing covenants applicable to such residence, or closure of a mobile home or trailer park community in which the household's residence was located, and the household resided in such housing as the household's primary place of residence for at least one year but less than two years prior to such action or event; (ii) households with at least one member who resides within the City, as that person's primary place of residence; (iii) households with at least one member who works or has been hired to work within the City, as that person's principal place of full-time employment; or(iv) households with at least one member who is expected to live within the City as a result of a bona fide offer of employment within the City. F1 Yes F fo No discrimination herein may be used for the purpose or effect of delaying or otherwise denying admission to the Property or unit based on the race, color, ethnic origin, gender, religion, disability, or age of any member of the applicant. Exhibit B-7 2019-09-24 Agenda Packet Page 8,8 of 203 Exhibit B SAMPLE SUPPLEMENTAL RENTAL APPLICATION AFFORDABLE HOUSING APPLICATION CHECKLIST This checklist contains a list of documents that you are REQUIRED to submit, along with the completed Application as part of the application review process. Please review the list carefully and include COPIES of all documents that you are submitting. If there are any documents listed that you do not believe! you are required to submit please! indicate N/A and state the reason why the information is not attached. You must attach this signed checklist as part of your application packet. APPLICATIONS THAT ARE MISSING DOCUMENTATION WILL NOT BE CONSIDERED. �j Two months of most current and consecutive bank/investment/retirement statements for ALL accounts (all pages) • Most recent paycheck stubs covering a 30�-day period for each borrower • Most recent one (1) year W-2s and/or 1099s for each borrower • Most recent one (1) year Federal Tax Returns for each borrower(all schedules) • Complete divorce decree(s) with all attachments, if applicable • Complete bankruptcy papers with all schedules and discharge papers for bankruptcies within the last 7 years, if applicable �® Copy of Resident Alien Card, front and back, if applicable or other appropriate proof of legal U.S. residency If you are self-employed, also provide the following, Li Most recent three (3) years tax returns and copies of 1040s, W-2s, 1099s, an K-Is for each borrower Lj Limited or General Partnership returns (if ownership interest is 25% or greater)-copies of form 1065 Li Sub Chapter S Corporation returns (if ownership interest is 25% or greater)-copies of form 1120S Lj U.S. Corporation returns if ownership interest is 25% or greater)- copies of form 1120 �j YTD Profit and Loss Statement in some cases this may need to be audited) Exhibit B-8 2019-09-24 Agenda Packet, Page 8,9 of 203 Exhibit B SAMPLE SUPPLEMENTAL RENTAL APPLtCATtON AFFORDABLE HOUSING UNIT AFFIDAVIT By signing below each applicant makes the following certifications: I understand and agree with the answers I have provided, and do furthermore certify the following: I That those people who I expect to share occupancy of the Residence with nye are listed under the Household Information section of the Application. 2. That my spouse is an applicant for the Program and must sign this Application. . That I will submit true and complete copies of all requested documentation. 4. That the Residence will be occupied and used as my principal place of residence. 5. That my income does not exceed the program income limits. AFFORDABLE HOUSING UNIT CERTIFICATION I acknowledge and understand that this Affidavit, as completed above, will be relied on for determining may eligibility for An Affordable Housing Unit. I acknowledge that a material misstatement negligently made by nye in this Affidavit or in any other connection with my Application for an. Affordable Housing Unit will constitute a violation punishable by a fine and possible criminal penalties imposed by law, and will result in the cancellation or revocation of the Loan. I acknowledge that any false statement or misrepresentation or the fraudulent use of any instrument, facility, article, or other valuable thing or service pursuant to nay participation in the Program is punishable by fine. RENTER. DATE RENTER DATE Exhibit B-' 2019-09-24 Agenda Packet, gage 90 of 203 ITEM #8 ATTACHMENTS FOR THIS ITEM WILL BE UPLOADED WHEN AVAILABLE 2019-09-24 Agenda Packet Page 91 of 203 I T 1 L spun" is m"MENT A A0""* Eft' ww"f& 0 1A io, Tt /A(i N uA :5 b CITY OF C H'U LA V I STA September 2 ,2019 File ID: 19-0409 'TITLE RESOLUTION of THE CITY COUNCIL OF THE CITY OF CIS LAVIST"AWAIVING THE COMPETITIVE BIDDING REQUIREMENT AND APPROVING AN AGREEMENT WITH AP TRITON CONSULTING, LLC TO ANALYZE VALUATION AND OPTIMIZATION of THE FIRE DEPARTMENT'S EMERGENCY MEDICAL SERVICES SYSTEM CONCERNING AMBULANCE TRANSPORTATION IN THE CHDLA VISTA EXCLUSIVE OPERATING AREA,AND APPROPRIATING FUNDS THEREFOR(4/5 'GTE REQUIRED) RECOMMEND ..� w ACTION Council adopt the resolution. SUMMARY Since 1979 the City of Chula Vista, City of Imperial Beach,and the Bonita Sunnyside Fire Protection District (known as the Chula Vista Exclusive operating area or EOA), :have contracted with a private emergency ambulance transportation compan.y to provide services in their collective jurisdictions. These agencies entered into a renegotiated agreement with American Medical Response(AMR)on October 1,2018 to deliver emergency ambulance transportation services for a period of three years, with a termination date of September 30, 2021. In order to provide the City Council with sufficient information regarding ambulance transport options, the necessary scope of' work by the consultant includes medical transport systems valuation and optimization oft e Fire Department's EMS system concerning ambulance transportation i the Chula Nista LOA. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section. 15378 of the State CEQA Guidelines because the proposal consists of a governmental plan of actio. related to the City's preparedness in the event of a natural or manmade disaster and which will not result in direct or indirect significant physical impacts on the environment. Therefore, pursuant to Section. 150 60 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARDXOMMISSION/COMMITT-EE RECOMMENDATION Not Applicable. 1 l Page 1 2019-09-24 Agenda Packet, gage 92 of 203 DISCUSSION Bla,c,kgrand Within the past several years, the Fire Department has reviewed major areas affecting its service delivery. These areas included the department's outdated policy on replacement of major equipment and fire apparatus,the effectiveness and efficiency of its deployment of emergency resources and staffing in terms of' their ability to achieve Council directed performance thresholds; as well as an analysis on the state of disrepair of several fire stations that included a recommendation for the replacement and re-location of fire stations to optimize response capability of the fire station network.With continuous support of'City Council, each of these major components have undergone or are in the process of undergoing substantial improvements. In its review of necessary improvements to service delivery,the fire department has also assessed another major service component; Emergency Medical Services (EMS).The EMS system in Chula Vista has remained unchanged for almost 40 years with the exception of'tie implementation of First Responder Advanced Life Support (FRALS) in 2013. Full implementation occurred in 2015, two years ahead of schedule, when the department completed the inclusion of one firefighter/paramedic on every fire apparatus citywide. The addition of FRALS now provides advanced level of'care to patients in the field prior to the arrival of the ambulance. The South Bay Exclusive Operating Area (EEA), has existed since the late 1970's. EOoA partners include the Chula Vista Fire Department, Imperial Beach Fire Department and the Bonita/Sunnyside Fire Protection District.Since 1977,the EO,A has contracted with a private paramedic ambulance transportation company to deliver medical transport from the emergency scene to local hospitals for definitive care. The successful transition to FRALS, has prompted the department to review all components of its emergency medical services system, beginning with dispatch and continuing all the way through patient delivery to the appropriate medical resource via ALS ambulance transport. The review found that many of the challenges experienced by the FRALS first responder system, such as increasing call volume and static number of resources, are also present in the ALS ambulance transport system.The current system design makes it difficult to implement improvements since we are engaged in a contractual relationship in which the contractor controls the operational and financial components,with any desired system improvements subject to negotiations in the allowable base rate charge. Recent developments in the state regulatory system, namely the California Emergency Medical Services Authority (CA EMSA), have prompted city staff to further evaluate other methods of providing emergency medical transport services that would allow the city direct administrative control of ALS ambulance transport operations and finances and the opportunity to seek improved services to the community. The City is the administrator and provider of our ALS ambulance transport services since 1977 but has always subcontracted for the actual delivery of emergency medical ambulance transport. Based on an internal review by Fire Administration and also by an independent preliminary review by AP Triton,the City believes that by taking direct administrative control of the transport system it will provide the opportunity to solve performance issues without layers of negotiations,staff time and resources, and management with external agencies. Prior to making a formal recommendation to the City Council, staff would like to have a Pzige 12 2019-09-24 Agenda Packet, Page 93 of 203 more in depth analysis performed by AP Triton that will provide more data analysis and specific recommendations regarding the future of ALS ambulance transport services for the EOA. AP Triton Sole Source Rationale After entering into a three-year agreement with AMR for emergency medical transport, the City Manager directed staff to obtain an independent financial review of the medical transportation system, including a data analysis to establish the recommended level of service and potential delivery models for emergency medical transport within the ECIA.With that directive staff began an internal review of the system and then shortly after began working with AP Triton,an EMS consulting firm,to evaluate transport system needs and finances.Ali'Triton has acquired an understanding of our local EMS system through a review of performance and finance,with initial findings demonstrating that increased levels of service at a cost-effective price are possible with a system redesign. Staff have found these initial findings promising and are requesting a more thorough evaluation of the value of EMS transport and system performance thru this scope of work. The conclusion is that AP Triton has the following advantages in conducting a thorough system analysis in an expedient manner that justifies issuing a sole source contract for consulting services pursuant to City Council's approval. Time Sensitive Ablolity to Act The acquisition of a suitable consultant is paramount to the ability to act in a timely manner and move towards a new enhanced system design. By selecting a previously utilized consultant who has already amassed extensive local information on EMS operations and finances thru previous project work for the City of San Diego, and who has existing knowledge of'the ECIA's, current sole source provider transport system, we believe there is an opportunity to transition to a new transport system with the goal of improving services to the ECIA area. Financ*ia,lE,x, ,erose A singular advantage that AP Triton has in providing EMS consulting services for the City is their current role as the leader in emergency medical transportation reimbursement for government providers of EMS transport services. While in their previous roles leading a large fire-based EMS transport system, the principal members of AP Triton are also the individuals solely responsible for creating and introducing the current California Ground Emergency Medical Transport(CSF IT)legislation.They recognized that providing medical transport services for Medicaid patients did not yield net revenues to cover the cost of services provided. Based on the existing in-patient disproportionate share hospital program,AP Triton pursued the creation of an emergency medical transport version of reimbursement available to local governments only. Recently,an additional reimbursement program called the Quality Assurance Fee(QAF)has been created for all providers of emergency medical transport,public and private. Currently,AP Triton has also created and introduced additional pending legislation (AB-1705,-. MediCal, Emergency Medical Transportation Services). This bill.,known as Intergovernmental Transfer (IGT),will rely on the payment per transport and resulting matching federal funds. Pzige 3 2019-09-24 Agenda Packet, Page 94 of 203 The first-hand involvement of AP Triton in these federal reimbursement programs makes them uniquely qualified to evaluate the valuation and design of the EMS medical transport system. Utilizing existing research information in the areas of response and finance will reduce the time needed to complete the scope of work.Evaluating options for system design that have already been reviewed with local conditions will also help reduce the projected timeline to issue an RFP if required, which would meet the need for timely execution. Legal and Legislative Expertios,e AP 'Triton possesses an understanding of the EMS regulatory process that allows them to advocate successfully on behalf of their local government clients.AP Triton serves as the sole EMS consultant for the California Fire Chiefs Association (CFCA),which has brought several legal challenges in recent years to state and county regulatory agencies. These issues include a challenge to the regulations governing the administration of EMS service areas,which led to the withdrawal of all relevant regulations as they were not adopted thru the Office of Administrative Law (OAL,) process over the last 3,5 years.AP Triton's successful involvement in these legal challenges is a crucial asset to the City as it contemplates exercising direct administrative control over the emergency medical services transport system. AP Triton has also been involved in the legislative process as previously discussed. As the consultant for CFCA, AP Triton has advocated for the creation of increased federal reimbursement programs such as GEMT,QAF,and IGT',which increases the net revenue for government-based EMS providers. DECISION-MAKER CONFLICT' Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500-foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. CURRENT-YEAR FISCAL IMPAC 111r There are no General fund costs associated with this contract for consultant services.The agreement will be funded by the Advanced Life Support program. The cost for the full scope of work is $62,000, plus any reimbursement for invoiced costs such as airfare,hotel, etc. Appropriations are requested in the amount of $65,000 from ALS Fund Other Capital Budget Category to the ALS Fund Supplies and Services Budget Category. ONGOING FISCAL IMPACT None. A'TTAC'HMEN'TS Attachment#1 Chula Vista Fire Scope and Cost Proposal for System Valuation Attachment#2 Consultant Services Agreement P zi g e 4 2019-09-24 Agenda Packet, Page 95 of 203 RESOLUTION NO. RESOLUTION of THE CITY COUNCIL of THE CITY of CHULA VISTA WAIVING THE COMPETITIVE BIDDING REQUIREMENT ANIS APPROVING AN AGREEMENT WITH AP TRITON CONSULTING, .L CC TO ANALYZE VALUATION ANIS OPTIMIZATION OF THE FIDE DEPARTMENT'S EMERGENCY MEDICAL SERVICES SYSTEM CONCERNING AMBULANCE TRANSPORTATION IN THE CHULA VISTA. EXCLUSIVE OPERATING AREA, AND APPROPRIATING FUNDS THEREFOR WHEREAS, the City Council approved a renegotiated agreement with American medical Response AMR on October 1, 2018 with the understanding that staff would return for approval. of a consultant contract to assist in evaluating the ESS transport system and a potential RFP process; and WHEREAS, the City Manager has directed that staff obtain an independent review of the potential value of the medical transportation system, including a data analysis to establish the necessary level of service and potential delivery models for emergency medical transport within the Exclusive Operating Area (EOA); anal WHEREAS, AP Triton, an. ESS consulting Erna, has advantages in conducting a thorough system analysis in an expedient manner that justifies issuing a sole source contract for consulting services pursuant to City Council's approval; and WHEREAS, A singular advantage that AP Triton has in providing EMS consulting services for the City is their current role as the leader in emergency medical transportation reimbursement for government providers of EMS transport services; and WHEREAS, these unique performance capabilities establish AP Triton as a Sole Source pursuant to Chula Nista Municipal Code sections 2.56.1 10.H.3 and 2.56.070.B.4. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it waives the competitive bidding requirement. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it approves an agreement with.AP Triton.Consulting, LLC to analyze valuation and optimization of the Fire Department's Emergency Medical, Services System, concerning ambulance transportation in the Chula Vista Exclusive Operating Area., BE IT FURTHER RESOLVED by the City of Chula Vista that it appropriates the funds necessary for the contract ($65,000, from. the ALS Fund Other Capital Budget Category to the ALS Fund Supplies and Services Budget Category.) Presented by Approved as to form by 2019-09-24 Agenda Packet, gage 96 of 203 Jim Geer ng Glen R. Goo ins Fire Chief City Attorney 2019-09-24 Agenda Packet, Page 97 of 203 PROPOSAL EMS Svstem Valuation and Optimization Study for Chula Vista Fire n i n n i ng� , LLC July 26, 20 19 AP 'TRI,TOI"""i%J VISION INNOVATION SOLUTIONS 2019-09-24 Agenda Packet Page 98 of 203 AP Triton Consulting, LLC Proposal - EMS System Valuation and Optimization Study Chula Vista Fire Department TABLE OF CONTENTS Section P Section 1 Description of Proposed Services 1 - 3 • Project Overview • Work Plan Scope of Work Section 2 Project and Site ' isit Schedule 4 • Project Schedule • Project / Site Visit Schedule Section 3 AP Triton Consulting�, LLC Project Team 5 - 7 0 Project Team Bios Section 4 Relevant Project Experience 8 - 10 • Relevant Project Experience • Client List Section 5 Cost Proposal 11 • Cost / BillingSchedule 2019-09-24 Agenda Packet Page 99 of 203 AP Triton Consulting, LLC Proposal - EMS System Valuation and Optimization Study Chula Vista Fire Department Section I — Description of Proposed Services Project Overview AP Triton Consulting, LLC will perform a comprehensive analysis of the value of the Chula Vista Fire Department's Emergency Medical Services (EMS) system. AP Triton will review financial, economic,, and other information provided by the Department to determine the financial viability and forecasted potential revenue of'the ambulance transport system. It is critical that the payor mix be correctly identified and thoroughly understood to provide an accurate estimate for Ground Emergency Medical Transportation (GEMT) and Intergovernmental Transfer (IGT) reimbursements. This information,, along with fiat responder costs, ambulance costs, and additional revenue projections, will provide the Chula Vista Fire Department with a solid valuation of its ambulance transport system. Work Plan AP Triton will begin by meeting with Chula Vista Fire staff to review the study's scope and ensure that the proposed Work Plan and project schedule are mutually agreeable. Throughout the duration of the project, AP Triton will monitor progress and the timely completion oftasks, nclud ngi providing monthly status reports and oral communications. AP Triton practices the rule of transparency with all clients. Chula Vista Fire project managier(s) will hear from AP Triton in a timely manner via phone and/or email to ensure there are no surprises or unanswered questions. Scope of Work for Phase 1 — EMS System Valuation 1. Conduct cost/revenue analysis, including insured and non-insured payor mix categories, to determine the maximum value of the Department's Emergency Medical Services (EMS) system. The valuation will analyze the federal reimbursement programs available and provide estimates for both Ground �emergency Medical Transport (GEMT) and Intergovernmental Transfer (IGT) programs. 2. Compile all data into a rough draft for submission tothe Chula Vista Fire Department for review with AP Triton Consulting,, after which a final report will be issued. 3. Present information to the Chula Vista City Council, if'desired. 2019-09-24 Agenda Packet, Page 100 of 203 AP Triton Consulting, LLC Proposal - EMS System Valuation and Optimization Study Chula Vista Fire Department Scope of Work for Phase 2 — EMS.Systern Optimization Stud 1. Conduct cost/revenue analysis of various options available for the Chula Vista Fire Department to deliver emergency ambulance services in the coverage area for each of the following methods of delivery,1 including insured and non-insured payor mix categories,, and project counties with similar populations and demographics. The following models will be evaluated for the provision of ambulance service: a. Chula Vista Fire Department providing ambulance transport by contracting through one or more private suppliers; b. Partnership (shared services) between Chula Vista Fire Department and private and/or public ambulance provider(s);J C. Chula Vista Fire Department providing 10O% ofthe ambulance transport. 2. Work in conjunction with Chula Vista Fire Department staff to establish a recommended path forward, including timelines, to implement recommended service delivery model and assignments of Chula Vista Fire Department personnel for areas of responsibility. 3. Compile all data into a rough draft for submission to the Chula Vista Fire Department for review with AP Triton Consulting,, after which a final report will be issued. 4. Present information to the Chula Vista City Council, if'desired 5. Develop up tothree comprehensive PowerPoint presentations for use in educatingi and informing various stakeholder groups on the ambulance transport concept that best meets the needs of the community and Department. The presentations will incorporate an overview of all the delivery models considered. Possible presentations include: a. City Council - covering delivery method comparisons,, cost, revenue,, initial investment, impacts to stakeholders,,, and longi-term program benef'its. 2019-09-24 Agenda Packet, Page 101 of 203 AP Triton Consulting, LLC Proposal - EMS System Valuation and Optimization Study Chula Vista Fire Department b. Labor group(s) - focusing on pay, benefits, schedules, uniforms,, chain of command, and interaction between Department employees and private employees. c. Special interest giroup(s) - focus ngi on impacts to the taxpayer and incumbent workforce issues. d. Other fire agencies, City offices,1 local MS agency, and affected jurisdictions — with focus as determined by Chula Vista Fire Department. 6. If desired, develop a subcontracting ambulance model that will provide a basis for an RFP for subcontracting to a private provider,1 inclusive of subcontractor estimates,,, billing costs, and overhead recommendations. 2019-09-24 Agenda Packet, Page 102 of 203 AP Triton Consulting, LLC Proposal - EMS System Valuation and Optimization Study Chula Vista Fire Department Section 2— Project and Site Visit Schedule Project, Schedule AP Triton is prepared to start the project at time of contract award and has no commitments or potential commitments which may impact our ability to perform this Agreement. Compliance with the agireed-upon time frame hinges upon Chula Vista Fire Department staff's ability to provide all information and data required in a timely manner. Project,/ Site Visit, Schedule Phase 1 — EMS System Valuation • One trip - if requested, a City Council meetingi and delivery of the valuation report • Unlimited telephone and video conferencing Phase 2 — EMS System Optimization Study 0 One trip - technical client briefing meeting and review of rough draft report 0 One trip - if requested, a City Council meetingi and delivery of the final report 0 Unlimited telephone and video conferencing 2019-09-24 Agenda Packet Page 103 of 203 AIR Triton Consulting, LLC Proposal - EMS System Valuation and Optimization Study Chula Vista Fire Department Section 3 - Project Team Kurt P. Henke has over thirty-four years of'experience in the service. He has held the ranks of Firefighter through Fire Chief. Prior to becomingi the Fire Chief of the state's seventh largest fire department, Kurt served as Union President of'one the state's largest labor groups, serving multiple Cities and Districts. In addition,1 he was the Chairman of the California Metropolitan Fire Chiefs, was an Executive Board member of the California Fire Chiefs Association from 2011 througih 20�14, and was awarded the 2013 California Fire Chief of the Year. After becoming Fire Chief,1 Kurt expanded the first responder paramedic and ALS services of his department, all while experiencing one of'the worst economic down turns in recent history. He expanded the department's ambulance program into a revenue generating enterprise, bridgings several financial shortfalls and makings it the third largest fire-based ambulance system in California. Kurt identified,1 developed, and initiated State legislation to facilitate cost recovery for Ground Emergency Medical Transport (GEMT , which has generated hundreds of millions of dollars statewide to the California Fire Service ambulance providers. During his tenure, Kurt is also known for re- constituting relationships between all levels of governance and the private sector. These reciprocal, trust-based relationships increased collaborative opportunities locally and regionally for the District and statewide for the Fire Service as a whole. Upon his retirement from the Fire Service in October 2014, he formed AP Triton Consulting, LLC, with his business partner, Scott Clough. AP Triton Consulting, LLC is a nation-wide emergency medical services consulting firm which specializes in maximizing revenue to states, counties, cities, and districts through their delivery of pre-hospital emergency medical services. Kurt is currently the case manager for the anti-trust litigation filed by the California Fire Chiefs Association which endeavors to protect public sector (201) ambulance providers in the state of'California. 5 2019-09-24 Agenda Packet, Page 104 of 203 AP Tritan Consulting, LLC Proposal - EMS System valuation and Optimization Study Chula vista Fire Department Scott l �i �� moom VVVlu m VVI mini A. Vuww ,, uuuuuu. uuuumuuuum luuuu'1111111 m mi 1j0uuii m uuuuuuuuuu uuuuuuuuuu ,,i , ,/ IIIIIIIII A thirty-three year member of California's fire service, Scott started his career as a hand crew member in southern ,i California and worked his way throe Ih the rank. He has held the ranks of Firefighter/ Paramedic, Captain,I Battalion . r Chief„ and Chief of EMS. His last position held was that of Assistant Chief assigned to the office of the Fire Chief with , one of'the largest fire departments in California. Scott is most noted for his work in creating California's G E MT programI where he currently functions as the Public Sector Program Manager. Wile working as the Chief of EMS for his agency, he restructured his department 9 s ambulance and EMS delivery system from the fire service norm of"breakeven at est" to one of revenue generation that put his department on par with the best private ambulance systems in the country, helping to establish t as the third largest fire aced ambulance system in California. His "run it like a business" strategy for EMS has earned him recognition by the California Mate Firefighters Association CSF, and California Fire Chiefs Association. Scott serves as the EMS Chair for CSFA and as an EMS advisor to California Fire Chiefs Association„ California Metro fiefs, and the League of' California Cities. Scott has been a noted speaker to the California Ambulance Association, Nevada Fire Chiefs, Utah Fire Chiefs„ California Fire & EMS Disaster (CFED,) Conference, Leaglue of Cities, and the Fire District Association of California, and has written articles on EMS and cost recovery for several publications. Upon retirement from the fire service, he formed AIS Triton Consulting LLQ; with his business partner, Kurt Menke. AP Triton Consulting, LLC is a nation-wide emergency medical services consulting firm which specializes n maximizing revenue to states counties, cities, and districts through their delivery of pre-hospital emergency medical services. Scott is the lead negotiator for the California Fire Chiefs Association in expanding the current GEMT program. Currently Scott is involved in establishing the same programs in Oregon, Washington, Missouri, Kansas, Nebraska, and Alaska. He is considered the premiere expert in these reimbursement programs. 2019-09-24 Agenda Packet, Page 105 of 203 AP Tritan Consulting, LLC Proposal - EMS System valuation and Optimization Study Chula vista Fire Department ��Vl i"ke u 11' e e, C E 0 �11A a n a g it coo Mike has over 30 years of experience in the Fire and EMS services. He is a veteran of the United States Marine Corps and served, honorably, during the first Gulf War. He was k discharged from active duty in 1994, Mike joined the Long Beach Fire Department in 1994, after his discharge from a active duty. He served in every rank and was selected tot e position of Fire Chief in 2012. Curing his career,1 Mike was an instrumental part of both labor and management, serving as President and /ice President of the Firefighters Association prior to moving to the management ranks. Mike is highly skilled at motivating others and is recognized for his ability to bring groups together to achieve common goals. He has an exemplary record of leading teams in the areas of public safety„ emergency preparedness, team/relationship building, communication, and fiscal responsibility. During his career, Mike was instrumental in developing and implementing cutting-edge programs that led to greater fiscal responsibility, greater accountability, and enhanced community expectations and trust. With his background in fire-based emergency Medical Services, Mike developed new programs that focused on the care and treatment of lover acuity, high propensity users of the system to minimize impacts on the service delivery system. Mike developed the first response unit, nationwide, to deal with the growing homeless population. The "HEART" team dreg national attention and has become a best practice model that other cities and counties novo embrace. Mike served as President of the hos Angeles ,Area. Fire Chiefs Association, President of the California Fire Chiefs Association, and is currently the EMS Section Chair of the International Association of Metropolitan Fire Chiefs,1 Chiefs, representing over 300 Fire Chiefs from the largest Fire Departments world-wide. Mike has both his Bachelor)s degree and Master's degree in Public Administration and is certified at the State and Federal levels for Emergency Management and Public Information. 2019-09-24 Agenda Packet, Page 106 of 203 AP Triton Consulting, LLC Proposal - EMS System Valuation and Optimization Study Chula Vista Fire Department Section 4— Relevant Project Experience The following is a sampling of the projects that AP Triton Consulting has worked on. Contra Costa County Fire Protection D�iistrict -Ambulance Service Feasibility Study AP Triton conducted a fire-based Ambulance Feasibility Study for the Contra Costa County Fire Protection District (population over 1 million). The study foundation was developed by determining what the current and past insured and uninsured payer mixes were. These payer mixes were all inclusive which, together with other demographic information, allowed AP Triton to determine the maximum value of the system. The study then analyzed the Federal Reimbursement programs available and provided estimates for both GET (Ground Emergency Medical Transport) and IGT (Intergovernmental Transfer) programs. Several options were proposed for consideration by the Fire District, and the Public-Private Partnership (contractor/subcontractor) option was chosen. AP Triton then provided services to select the private (subcontractor) partner and managed the response to the County-wide RFP for Ambulance service. Contra Costa County Fire was awarded the contract for ambulance service through a competitive bid process. They have increased their response time compliance from a level of 89-90% under the former provider to an average of 9 % across all response, zones. Further, their ambulance transport system, which was historically under questionable sustainability, now turns a $10 million profit annually and has amassed a reserve of$19, million. AP Triton Consulting is currently on a maintenance, and system retainer agreement through March 2021 to assist the Contra Costa County Fire Department in operating its ambulance transport system. Alameda County Fire Protectioln District-Ambulance Service Feasibility Study AP Triton conducted a fire-based Ambulance Feasibility Study for the Alameda County Fire Protection District (population over 1.5 million). After considering the options provided, an RFP was developed to recruit a private sector contractor. City of Anaheim Fire and Rescue -Ambulance Subcontracting Feasibility Study and Ambulance Subcontract RFP Process AP Triton conducted a fire-based Ambulance Subcontracting Feasibility Study for the City of Anaheim Fire and Rescue (population,: 352,500). This included a comprehensive analysis of the value of the City of Anaheim's ambulance service area. A subcontracting ambulance model was developed, inclusive of all subcontractor estimates, billing costs, and overhead recommendations. Working with the City of Anaheim 11 s Purchasing and Legal Departments, a Request for Proposal (RFLP) was created for ambulance billing services. AP Triton assisted the City with the issuance of the RFP, served as the single point of contact for technical questions that the respondents had, and assisted City staff in the review of responses to ensure that all met the minimum qualifications required by the RFP. In addition, AP Triton assisted the City of Anaheim in the design of sco�ringi sheets,, established a review/interview panel, and served as consultants and facilitators of the interview process. Once the successful respondent was selected, AP Triton assisted the City of Anaheim in developing a contract that was then reviewed and approved by the City of Anaheim's legal department. 8 2019-09-24 Agenda Packet, Page 107 of 203 AP Triton Consulting, LLC Proposal - EMS System Valuation and Optimization Study Chula Vista Fire Department City of Costa Mesa Fire Department-Ambulance Service Feasibility Study AP Triton conducted a fire-based Ambulance Feasibility Study for the City of Costa Mesa Fire Department (population 112,000). The, study foundation was developed by determining what the current and past insured and uninsured payer mixes were. These payer mixes were all inclusive which, together with other demographic information, allowed us to determine the maximum value of the system. The study then analyzed the Federal Reimbursement programs available and provided estimates for both GE and IGT programs. This study provided several options for the Department to consider; the Public-Private Partnership (contractor/subcontractor), model was chosen. AP Triton then assisted in the successful negotiations with the chosen private (subcontractor) partner. San Bernardino County Fire Protectioln District - EMS Valuation/Assessment Stud AP Triton Consulting conducted an assessment of the financial structure of the San Bernardino County ambulance system to determine which areas could be subject to competitive bid, the value of the system, the resources needed to provide services to those areas,, the cost to implement those services, the time needed to secure equipment, the continued operating costs, and the ability to provide additional services to enhance system delivery. California Fire Chiefs Association AP Triton serves as Project Manager to the California Fire Chiefs Association for legal issues, such as 201 rigihts, anti-trust, and underground regulations. In addition, AP Triton serves as Lead Negotiator on all GEMT and IGT programs with the State of California Health and Human Services and Center for Medicaid Services. 9 2019-09-24 Agenda Packet, Page 108 of 203 AP Triton Consulting, LLC Proposal - EMS System Valuation and Optimization Study Chula Vista Fire Department AP Triton Consulting, LLC Client, List, AP Triton has also worked with: 9 Alaska Fire Chiefs Association 0 Brea Fire Department 0 California Fire Chiefs Association 0 City ate Associates 0 City of Colton/Lolma Linda Fire Department 0 City of Downey Fire Department 0 City of Fresno Fire Department 0 City of San Jose Fire Department 0 Exeter District Ambulance 0 Fullerton Fire Department 0 Hawaii Fire Chiefs Association 0 Huntington Beach Fire Department 0 Idaho Fire Chiefs Association 9 Kansas Fire Chiefs Association 9 Kern County Fire Department 0 Laguna Beach Fire Department 0 �Lompoc Fire Department • Los Angeles County Fire Department City of Milwaukee Fire Department (Wisconsin) Missouri Association of Fire Chiefs Nebraska Fire Chiefs Association Oregon Fire Chiefs Association PARSAC Central Pierce Fire Protection (Washington) • San Ramon Valley Fire Protection District Santa Clara County Fire Chiefs Association Santa Gruz County Fire Chiefs Association • City of Santa Monica Fire Department • Skagit County Department of Emergency Medical Services (Washington) • Tualatin Valley Fire and Rescue (Oregon) Utah Fire Chiefs Association • Washington Fire Chiefs Association 10 2019-09-24 Agenda Packet, Page 109 of 203 AP Triton Consulting, LLC Proposal - EMS System Valuation and Optimization Study Chula Vista Fire Department Section 5— Cost Proposal Phase 1 - Cost/Billir Cost of Phase 1 - $32,000 in 3 installments * $10,000 due upon award of contract * $16,000 due upon delivery of draft valuation o $ 6,0oO due upon delivery of final valuation Phase 2 - Cost1Billir Cost of Phase 2 - $30,010101 in 2 installments * $20,000 due upon delivery of draft report * $10,01010, due upon delivery of final report All invoices shall be due within thirty days from the date of the invoice submitted to the Chula Vista Fire Department. The above costs do not include travel. Travel shall be pre-approved by Chula Vista Fire Department and expenses (airfare, hotel, transportation, parking, meals, etc.) all be invoiced separately at actual costs. The cost of'any changes to this proposal will be priced individually and agreed to, in writing by of parties, before additional work is performed. This proposal is good for a period of up to 30 days from the date of the proposal. 11 2019-09-24 Agenda Packet Page 110 of 203 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH AP TRITON CONSULTING, LLC TO ANALYZE VALUATION AND OPTIMIZATION OF THE FIRE II F. EMERGENCY MEDICAL SERVICES SYSTEM This Agreement is entered into effective as of September 19, 2019 ("Effective Date")by and between the City of Chula Vista, a chartered municipal corporation ("City") and AP TRITON CONSULTING, LLC, a California Limited Liability Company ("Consultant") (collectively, the "Parties" and, individually, a "Party"), with reference to the following facts: RECITALS WHEREAS, City requires consultant services in order to analyze valuation and optimization of the the Chula Vista Fire Department's Emergency Medical Services (EMS) system; and WHEREAS, in order toprocure these services, Consultant was chosen based on Consultant's unique qualifications, including demonstrated experience and expertise in the subj ect area; on this basis, Consultant was awarded the contract on a "sole source" basis under the authority of Chula Vista Municipal Code Section 2.56.070.B.4; and WHEREAS,, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] I City of Chula Vista Agreement No.: 19100 Consultant Name:AP TRITON CONSULTING,LLC Rev. 10/24/17 2019-09-24 Agenda Packet Page 1].1 of 203 City o Chula Vista Agreement No.: 19100 Consultant Name:AP TRITON CONSULTING,LLC Rev. 10/24/17 2019-09-24 Agenda Packet Page 1 2 of 203 OBLIGATORY PROVISIoNS Now, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the "Deliverables" if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the "required Services." 1.2 reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City's Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, Cit "may request Consultant provide additional services related to the Required Services "Additional Services''. 1f so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. once added to Exhibit A, "Additional Services" shall also become "Required Services" for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1..5 No Waiver of Standard of tare. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all lags,codes,industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Performance. In the event that Exhibit A Section 4 indicates the need. for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with laws. In its performance of the Required Services, Consultant shall comply with. any and all applicable federal, state and local laws, including the Chula Vista l'' nicipal. Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from city. 1.9 Subcontractors. prior to commencement of any work, Consultant shall submit for City's information and approval a list of any and all subcontractors to be used by Consultant in the performance of the required Services. Consultant agrees to tale appropriate measures necessary to ensure that all subcontractors and City of Chula Vista Agreement No.: 19100 Consultant Name:AP TRITON CONSULTING,LLCM Rev. 10/24/17 2019-09-24 Agenda Packet Page 1].3 of 203 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant's responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant's commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services,City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed,, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges,must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty(30)days.Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City's discretion, invoices, not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention P"olic * City shall retain ten percent(10%)of the amount due for Required Services detailed on each invoice (the "holdback amount"). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant's out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A,Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 1 2.6 Exc I iusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (bow arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 PUment Not Final A,pproyal. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 4 Cit;of Chula Vista Agreement No.: 19100 Consultant Name:AP TRITON CONSULTING,LLC Rev. 10/24/17 2019-09-24 Agenda Packet, Page 1 4 of 203 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the "Required Insurance"). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 'Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. For Workers' Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-cons ultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City's Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant's insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General LiabilityCovera e to be "Primary.," Consultant's general liability coverage must be primary insurance as it pertains to the City, its, officers, officials, emp�loyees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days' prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage s.. 3.8 Waiver of Subrogation. Consultant's insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 5 Cit;of Chula Vista Agreement No.: 19100 Consultant Name:AP TRITON CONSULTING,LLC Rev. 10/24/17 2019-09-24 Agenda Packet, Page 1 5 of 203 44will 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 Consultant must purchase "extended reporting"coverage for a minimum of five(5)years after completion of the work required by this,Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. 3.12 Additional Covera. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect,defend,indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, "Indemnified Parties"), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys' fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses, arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified.Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity here Agreement Involves Desig,n 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 maybe amended from time to time, the defense and indemnity obligation under Section, 1, above, shall be limited to the extent required by Califomia Civil Code section 2782.8. 6 Cit;of Chula Vista Agreement No.: 19100 Consultant Name:AP TRITON CONSULTING,LLC Rev. 10/24/17 2019-09-24 Agenda Packet, Page 1 6 of 203 4'.3 Costs of Defense and Award. Included in Consultant's obligations under this Section 4 is Consultant's obligation to defend, at Consultant's own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant's Obligations Not Limited or Modified. Consultant's obligations under this Section 4 shall not be limited to insurance proceeds, if any,received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant's obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant's other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant's obligations under this Section 4. 4.6 Survival. Consultant's obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form(Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held.bar Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant,to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this, Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise,, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant's subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is,prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 'Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall. violate any of the other covenants, agreements or conditions of this Agreement (each a "Default"), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 7 Cit;of Chula Vista Agreement No.: 19100 Consultant Name:AP TRITON CONSULTING,LLC Rev. 10/24/17 2019-09-24 Agenda Packet, Page 1 7 of 203 to City's specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additionaldays after the designated ten-nination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all "Work Product" (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for or satisfactorily performed prior to Consultant's receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 'Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (1 5) days prior to the effective date thereof. Upon receipt of such notice, Consultant all immediately cease all work under the Agreement and promptly deliver all"Work Product"(defined in Section 7 below)to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City's value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended,the provisions of which, including such policies and procedures used by City inthe implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Govem,i,n, Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 'Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail. directed to the individual. and address listed under"For Legal. Notice," in section I.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively"Work Product" shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United 1"i Cit;of Chula Vista Agreement No.: 19100 Consultant Name:AP TRITON CONSULTING,LLC Rev. 10/24/17 2019-09-24 Agenda Packet, Page 1]8 of 203 States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such. Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of e Public Records Act or expressly prohibited y other applicable laws. With respect to computer files containing data generated as work Product, Consultant shall make available to City,upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. . GENERAL PROVISIONS .1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. .2 Assignment. City would not have entered into this Agreement but for Consultant's unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City's prior written consent, which City may grant, condition or deny in its sole discretion. .3 Authorit y. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board., principle or officer thereof. gr counterparts., each of is shall be deemed an. .� Counterparts. This Agreement may execute In counts original,but all of which shall constitute one Agreement after each Party has signed such a counterpart. .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.. Turing the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged. to City, including, such records in the possession of sub- contractors/sub-con ub-coi tr ctors/sub-coy sultants. .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 Indep n:den:t Contractor. Consultant is and shall at all times remain: as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents ("Consultant Related Individuals"), except as set forth in this Agreement. No Consultant Delated 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 tai., social security tai or any other payroll tax with respect to any Consultant Delated Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall. City of Chula Vista Agreement No.: 1.9100 Consultant Name:AP TRITON CONSULTING,LLCM Rev. 10/24/17 2019-09-24 Agenda Packet Page 1].9 of 203 not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability Whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested,, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. (Enid of page. Next page is signature page.) I City of Chula Vista Agreement No.: 19100 Consultant Name:AP TRITON CONSULTING,LLC IZev. 10/24/17 2019-09-24 Agenda Packet Page 120 of 203 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS, WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. AP TRITON CONSULTING, LLC CITY OF CHULA VISTA BY: BY: Michael DuRee GARY HALBERT CEO/Managing Partner CITY MANAGER APPROVED AS TO FORM BY: Glen R. Googins City Attorney I I City of Chula Vista Agreement No.: 19100 Consultant Name:AP TRITON CONSULTING,LLC Rev. 10/24/17 2019-09-24 Agenda Packet Page 121 of 203 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contacts for Contract Administration and Legal Notice A. City Contract Administration: Chris Scott, Division Chief Emergency Medical Services Chula Vista Fire Department 276 Fourth Avenue Chula Vista, CA 919 10 619-409-5858 cscottgchulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 9`19`10 619-691-5037 CityAttomeygchulavistaca.gov B. Consultant Contract Administration: AP TRITON CONSULTING, LLC 1851 Heritage Lane, Suite 138 Sacramento, CA 95815 562-307-4335 MDuReegaptriton.com For Legal Notice Copy to: Michael Dui ee AP Triton Consulting, LLC 1851 Heritage Lane, Suite 138, Sacramento, CA 95815 562-307-4335 MDuReegaptriton.com 2. Required Services A. General Description: System Valuation Phase 1: Conduct cost/revenue analysis, including insured and no�n-insured payer mix categories, to determine the maximum value of the Department's Emergency Medical Services (EMS) system. System Optimization Phase 2: Conduct cost/revenue analysis of various options available to the Department to deliver emergency medical ambulance services in the coverage area. B. Detailed Description: iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillI iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillilllI 12 City of Chula Vista Agreement No.: 19100 Consultant Name:AP TRITON CONSULTING,LLC Rev. 10/24/17 2019-09-24 Agenda Packet Page 122 of 203 • Conduct cost/revenue analysis, including insured and non-insured payer mix categories, to determine the maximum value of the Department's Emergency Medical Services (EMS) system. The valuation w ill analyze the federal reimbursement programs available and provide estimates for both Ground i I Emergency Medical Transport(GEMT) and Intergovernmental Transfer(IGT) programs. • The cost/revenue analysis for system optimization will include options available to the Department to deliver emergency medical ambulance services, including: contracting with private party(ies); partnership with private and/or public ambulance service providers; the Department providing 100 percent of ambulance transport. • Work in conjunction with the Department to establish a recommended path forward, including timelines to implement the recommended service delivery model and assignments of Department personnel for areas of responsibility. • Compile all data into a rough draft for submission to the Chula Vista Fire Department for review with AP Triton Consulting, after which a final report will be issued. • Presentation to the Chula Vista City Council, if desired. • Develop up to three (3) comprehensive PowerPoint presentations, for use in educating and informing various stakeholder groups on the ambulance transport concept that best meets the needs of the community and Department. The presentations will incorporate an overview of the delivery models considered. Possible presentations include: 1) City Council (comparing delivery methods, cost, revenue, investment, impacts, long-term benefits); 2) labor group(s) (pay, benefits, schedules, uniformsl chain of command,, interaction with private party employees); 3) other groups (taxpayer and workforce impacts)�; 4) other fire agencies and jurisdictions. If desired, develop a subcontracting ambulance model that will provide a basis for a Request for Proposal for subcontracting to a private provider, inclusive of subcontractor estimates, billing costs and overhead recommendations. 3. Term-,o In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin September 191 2019 and end on September 18, 2020 for completion of all Required Services. 4. Compensation: A. Form of Compensation Fixed Fee Paid in. Increments. For the completion of each Deliverable of the Required Services, as identified in section 2.B., above, City shall pay the fixed fee associated with each Deliverable, in the amounts set forth below: 'Task No. Deliverable Amount Valuation portion Award of Contract $16�000.00 Delivery of Final Valuation $16,000.00 Optimization r,tion Award of Contract $15�000.00 Delivery of Final Valuation $159000.00 1 3 City of Chula Vista Agreement No.: 19100 Consultant Name:AP TRITON CONSULTING,LLC Rev. 10/24/17 2019-09-24 Agenda Packet, Page 123 of 203 B. Reimbursement of Costs Invoiced or agreed-upon amounts as follows: Airfare, hotel, transportation, parking, meals, etc., are not included above and shall be invoiced separately at actual costs. Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through September 18, 2020, not including invoiced costs noted above, shall not exceed $62,000.00. 5. Special Provisions: 0 None iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillllllllI iiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillilI 1 4 City o Chula Vista Agreement No.: 19100 Consultant Name:AP TRITON CONSULTING,LLC I Zev. 10/24/17 2019-09-24 Agenda Packet Page 124 of 203 X71 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the 0 following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form General Liability: $2,000,000 per occurrence for Insurance Services Office Form Including products and bodily injury, personal injury CG 00 01 completed operations, (including death), and property personal and damage. If Commercial General advertising injury Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement *Must be primary and must not or Blanket Al Endorsement for exclude ProductslCompleted City* Operations Waiver of Recovery hnaorsement Automobile Liability $1,000,000 per accident for bodily Insurance Services Office Form injury, including death, and CA 00 01 property damage Code I-Any Auto Code 8-Hired Code 9-Non Owned z Workers' $1 000,000 each accident Compensation $1 000,000 disease policy limit Employer's Liability $1 000,000 disease each employee Waiver of Recovery Endorsement z Professional Liability $1 000,000 each occurrence rs & Omissions) $2,000,000 aggregate Other Negotiated Insurance Terms: "NONE" iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillilliilI iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillillI 15 City of Chula Vista Agreement No.: 19100 Consultant Name:AP TRITON CONSULTING,LLC Rev. 10/24/17 2019-09-24 Agenda Packet Page 125 of 203 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act' and the Chula Vista Conflict of Interest Code 2 ("Code"" require designated state and local government officials, including some consultants,, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements,3 0 A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED 4 from disclosure. El B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulav,istaca,..,go.yldepartmentslc,i.ty-clerklconllic interest-co,de.) Name Email Address licable Desi nation AP Triton Consulting, LLC Enter email address(es) El A. Full Disclosure D B. Limited Disclosure (select one or more of the categories under which the consultant shall file): Cl i. Cl 2. El 3. El 4. Cl 5. Cl 6. El 7. Justification: 7 C. Excluded from Disclosure 1.Required.Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of"Consultant,"pursuant to FPPC Regulation 18700.3, must file a Form 700. 2.Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system,Neff ile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April I 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 excludedftom disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at(619)691-5041, or the FPPC at 1-866-ASK-FPPC, or. (866)275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code,this document shall serve as the written determination of the consultant's requirement to comply with the disclosure requirements set forth in the Code. Completed by. Chris Scott I Cal. Gov. Code§§8 1000 et seq.; FPPC:begs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234,et sect. 4 CA FPPC Adv.A-15-147 (Chadwick)(2015);Davis v. Fresno Un4ied Schaal.District(20 15)237 Cal.App.4"26 1;FPPC Reg. 18700.3 (Consultant defined as an"individual"who participates in making a governmental decision; "individual"'does not include co oration or limited liabilitx co an 16 City of Chula Vista Agreement No.: 19100 Consultant Name:AP TRITON CONSULTING,LLC Rev. 10/24/17 2019-09-24 Agenda Packet, Page 126 of 203 I T 1 L spun" is m"MENT A A0""* Eft' ww"f& 0 1A io, Tt /A(i N uA :5 b CITY OF C H'U LA V I STA September 2 ,2019 File IIS: 19-0449 .T1, RESOLUTION of THE CITY COUNCIL of THE CITY OF CHULA VISTA ACCEPTING THE ASSISTANCE To FIREFIGHTERS GRANT' (FFG) AWARD FROM THE U.S. DEPARTMENT of HOMELAND SECURITY AND APPROPRIATING$16,3610 IN THE FEDERAL GRANT FUND (4/5 VOTE REQUIRED) RECOMMEND ..� w Council adopt the resolution.. SUMMARY The Chula Vista Fire Department applied for the FEND Assistance to Firefighters Grant (AFG) program for training costs to train all firefighters to the National Wildfire Coordination Group (NWCG) Firefighter Type 2 standard.The grant application was awarded for wildfire training materials,supplies,and instructor costs for two NwCG courses for all Fire Department members. ,,,,gym., VIRONME,NT,AL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is net a "Project" as defined under Section. 1.5378 of the State CFQA Guidelines; therefore, pursuant to Section 1.50 o c (3) of the State CEQA Guidelines,the activity is not subject to CFQA. Thus,no environmental review is required. BO,ARD/COMMISSION/COMMITTEE u Net applicable. DISCUSSION The Chula Vista Fire Department applied for the FEND Assistance to Firefighters Grant (AFG) program for training costs to train all firefighters to the National Wildfire Coordination Group (NWCG) Firefighter Type 2 standard.The grant application was awarded for wildfire training materials,supplies,and instructor costs for two NwCG courses for all Fire Department members. Wildland firefighting is a constant reality in.southern California and poses a significant threat in.Chula Vista. The Fire Department.has made wildland firefighting a training priority;however,funding sources are scarce in order to accomplish training and certification in the National Wildfire Coordination. Group NWCG Firefighter'Type 2 standard. Similar training has been provided to ensure Fire Department personnel are prepared and safe when fighting wildland fires.However,attaining the NWCG certificate courses will validate 1 Pg e 1 2019-09-24 Agenda Packet, Page 127 of 203 this training and bring the Department to industry standards. These courses will also allow Department members to achieve additional qualifications specific to the wildly firefighting discipline. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of'the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal.Gov't Code§8 7100,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 IMPAC 111r This is a cost-matching grant, with a City share of$1,487.28 and the Federal share of$14,872.72 totaling $16,360. Approval of this resolution will result in the following fiscal year 2020 budget amendments and appropriations for this grant revenue and will authorize the expenditure of said revenue in the prescribed manner: The City's share of the grant match for training will be $1,487.82 and will come from the Fire Department training division's supplies and services budget. Staff is requesting a total appropriation of$16,36,0 to the Federal Grants Fund,with$9,360 to the Personnel category and$7,000 to the Supplies and Services category. ONGOING FISCAL IMPAC MY There are no ongoing fiscal impacts that do not already exist within Fire Department funded operating budgets. ATTACHMENTS None. Staff Contact.-Harry Muns,Deputy Chief P zi g e 2 2019-09-24 Agenda Packet, Page 128 of 203 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA. ACCEPTING G THE ASSISTANCE TO FIREFIGHTERS GRANT (AFC ) AWARD FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING $16,360 IN THE FEDERAL GRANT FUND WHEREAS, the Department of Homeland Security (DHS), Federal Emergency Management Agency's (FEMA), Grant Program Directorate (GPD), is responsible for the implementation and administration of the Assistance to Firefighters Grana (AFG) Program; and WHEREAS, the purpose of the AFG programa is to enhance the safety of the public and firefighters with respect to fire and fire-related hazards by providing direct financial assistance to eligible agencies for critically needed resources to equip and train emergency personnel to recognize standards, enhance operational efficiencies, foster inter-operability and support community resilience; an. WHEREAS, the Fire Department has evaluated its wildland firefighting training programs and determined the need to meet industry best practice certifications; and WHEREAS, on. October 26, 2018 the Fire Department applied for the Department of Homeland Security FY2018 Assistance to Firefighters Ghana (AFG) program. to train, Fire Department members in two NWCG v ildland firefighting courses; and. WHEREAS, on August 30, 2019 the Fire Department received notification of approval of the grant application, and the DRS awarded the Fire Department $14,872.72, which has a 10% match requirement equivalent to $1,48,7.28, for a total project budget in the amount of$16,360, and WHEREAS, the Fire Department's fiscal year 2020 training division budgets include funding for firefighting equipment and training, of which portions will be used for the grant snatch, and WHEREAS, the Fire .Department will use this .grana funding provide training as approved by the grant and within the performance period ending on August 29, 2020. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Nista, that it accepts the Assistance to Firefighters Grant FFG award from the U.S .Department of Homeland Security. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it appropriates $16,360 in, the Federal Grant Fund, as described in the staff report ($9,360 to the Personnel category and $7,000 to the Supplies and Services category.) 2019-09-24 Agenda Packet, Page 129 of 203 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes the Fire Chief or his designee to execute all related documentation and procurement associated with this grant. Presented by Approved as to form by Jim Geer ng Glen R. Goo ins Fire Chief City Attorney 2019-09-24 Agenda Packet, Page 130 of 203 I T 1 L spun" is m"MENT A Ao""* Eft' ww"f& 0 1A io, Tt /A(i N uA :5 b CITY OF C H'U LA V I STA September 2 , 2019 File ITS: 19-043,8 438 'TITLE IL RESOLUTION OF THE CITY COUNCIL of THE CITY of CHULA VISTA AMENDING THE JAIL ENTERPRISE FUND BUDGET AND ADDING ONE DETENTION FACILITY MANAGER ANIS TWO POLICE SERVICES OFFICERS To THE AUTHORIZED STAFFING LEVEL of THE JAIL ENTERPRISE FUND 4/5 VOTE REQUIRED RECOMMEND ..� w ACTION Council adopt the resolution. SUMMARY On July 1, 2019, an Enterprise Fund was created for the City Jail. The Police Department is requesting to amend the expenditure budget of the Jail Enterprise fund and to add one Detention Facility Manager and two Police Services officers to the authorized staffing level of the Jail Enterprise Fund. ENVIRONMENTAL REVIEW The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060 c ) no environmental review is required. u BOARD/COMMISSION/COMMITTEE,RECOMMENDATION Not applicable. DISCUSSION On July 1, 2019, an Enterprise Fund was created for the City Jail resulting in greater transparency. Prior to the creation of this fund, the jail operating budget was included in the Police Department's operating budget in the General Fuad. .After a comprehen.si e review of City Jail operations,the Police Department is requesting the addition of one Detention Facility Manager and two Police Services officers to the authorized staffing levels of the Jail Enterprise Fund. Currently, one police lieutenant oversees both jail and dispatch operations, which are two critical components of police operations. The Police Department recognizes the benefits of utilizing civilian managers to oversee jail and dispatch operations. Firing a full-tine civilian Detention Facility Manager will free up half of a police lieutenant's time currently used to oversee the jail operations. Thisis important for 1 l Page 1 2019-09-24 Agenda Packet, Page 131 of 203 two reasons. First, jail/custody operations have become increasingly complex, with frequent audits, additional legislative requirements, dealing with training and mental health, and the increased risk of encountering highly toxic drugs (fentanyl, etc). Secondly, by freeing up the current part-time lieutenant, coupled with the planned addition of a communications manager through Measure A, the Department will be able to move forward with a reorganization of staff increasing managerial oversight to traffic safety and special events, both of which remain high priorities for the community and the Department. The cost of adding the Detention Facility Manager will be offset by reducing Department Overhead to 2%,resulting in a reduction of $18,394 to the Police Department's operating revenues. The Police Department anticipates that the reduction in revenues will be offset through unanticipated revenues or reduced expenditures in the current fiscal year. The City currently contracts for prisoner transportation services, with an annual cost of $225,000. The current contract for prisoner transport services ends September 30, 2019 and will be administratively extended up to June 301, 2020, to ensure coverage during the transition. After further review of the prisoner transport process,, the Police Department is recommending eliminating the prisoner transport contract and hiring two Police Services Officers (PSOs) to provide those services. The addition of the two PSOs allows Department jail staff to handle all prisoner transports,allowing patrol officers to remain in the City and available to respond to calls for services. The cost of adding two PSO,s will be offset by eliminating the prisoner transport contract. DECISION-MAKER CONFLICT' Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently,the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Govt 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 IMPAC 111r Approval of this resolution will result amending the current budget of the Jail Enterprise Fund as, detailed in the table below. FY 2020 FY 2020 Adopted Wid-Year Adjusted Budget Amendments Budget REVENUE Charges for Services $1,971,000 $0 $1,971,000 'Total Revenue $199711,0100 $0 $1,'971,000 EXPENSE Personnel Services $15346,296 $187,144 $1,533)440 Supplies & Services $433,335 ($1685'750) $264,585 Transfers Out $188,500 L$j_o J 3 _�94 $17 106 Pzige 2 2019-09-24 Agenda Packet, Page 132 of 203 'Total Expense $19968)1131 $0 $1$968,1 31 NET AMOUNT so The increase in the personnel budget of$187,144 is the cost of adding one Detention Facility Manager and two Police Services Officers, assuming a 1/1/20201 hire date. The $168,75,01 reduction in Supplies & Services is the reduction of the prisoner transport contracted services as it transitions to PSO duties. The $18,394 reduction in the Transfers Out category is the reduction of the Department Overhead budget in the Jail Enterprise Fund. Overall, the proposed budget amendments result in no net fiscal impact to the Jail Enterprise Fund in the current fiscal year. Additionally, there is a reduction in Police Department operating revenue of $18,394 in the Transfers In category of the General Fund. The Police Department anticipates that they will offset the reduced revenues through unanticipated revenues or expenditure savings within the Police operating budget. The Police Department will monitor the Jail Operating Fund to ensure that it remains in balance to avoid future General Fund impacts. Approval of this resolution will also change the fiscal year 2020 authorized position count with a net increase change in authorized staffing as outlined in the following table: DepartmentI i on Title Posit' FTE Police Detention Facility Manager 1 (Jail Enterprise Fund) Police Services Officer 2 Total Authorized Position Changes(Net Increase) 3 ONGOING FISCAL IMPACT City staff has also conducted ongoing cost analysis of the proposed recommendations. The annual impact of adding one Detention Facility Manager and two Police Services Officers, eliminating the prisoner transport contract and removing Department Overhead will result in a minor positive impact to the Jail Enterprise Fund,as detailed in the table below: Baseline Annual Adjusted Budget Costs Budget REVENUE Charges for Services $1,971,000 $0 $1,971,000 Total Revenue $19971)10100 $0 $19971)10100 EXPENSE Personnel Services $15346;296 $386,039 $15732;335 Sqpplies & Services $433,335 ($225,000) $208,335 r% Transfers Out $188,500 �571 $26,929 Total Expense $199685,131 ($5,32) $199675,599 Pzige 3 2019-09-24 Agenda Packet, Page 133 of 203 NET AMOU�NT $2j869 $3j401 The Police Department will continue to monitor the fund to ensure that there are no fiscal impacts to the General Fund in future years. In order to achieve this goal,it is anticipated that the Jail Enterprise Fund will generate its own reserves through conservative budgeting practices. ATTACHMEN'TS None. Staff Contact: Captain Eric Thunberg,Police Department P zi g e 4 2019-09-24 Agenda Packet, Page 134 of 203 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE JAIL ENTERPRISE FUND BUDGET AND ADDING ONE DETENTION FACILITY MANAGER AND TWO POLICE SERVICES OFFICERS TO THE AUTHORIZED STAFFING LEVEL OF THE JAIL ENTERPRISE FUND WHEREAS, on July 1, 2019, an Enterprise Fuad was created for the City Jail; and WHEREAS, after a comprehensive review of City Jail operations, the Police Department is proposing to add one Detention Facility Manager and two police Services Officers to the authorized staffing level of the Jail Enterprise Fund; and WHEREAS, the cost of adding the Detention Facility Manager will be offset by reducing Department Overhead in the Jail Enterprise Fund, and the cast of adding two Police Services Officers will be offset by eliminating the prisoner transport contract, when the contract ends; and WHEREAS, the proposed budget amendments will result in no net fiscal impact to the Jail. Enterprise Fund in the current fiscal year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it amends the Jail Enterprise Fund Budget,by appropriating 187,144 to the personnel services category, reducing $168,750 in the supplies and services category, and reducing $18,394 in the Transfer Out category of the Jail Enterprise Fund, as well as reducing $18,394 in the Transfers In category of the General Fund. BE IT FURTHER RESOLVED by the City Council of the City ofChula Nista that it adds one Detention Facility Manager and two Police Services Officers to the fiscal year 2020 authorized position count with. a net increase change in, authorized staffing. Department Position Title FTE Police Detention Facility Manager I (Jail Enterprise Fund) Police Services Officer 2 Total Authorized Position Changes (Net Increase) 3 2019-09-24 Agenda Packet, Page 135 of 203 Presented by Approved as to form by Roxana Kennedy Glen R. Goggins Chief of Police City Attorney 2019-09-24 Agenda Packet, Page 136 of 203 1 n w 4" wpm a, 1 1-4% 0"N A AULNUA �oTAI I:Mi:N i CITY C"u NC71 L /// gill A Wff,"A CITY OF lip C H U LA VISTA S S+epwtemb►er 4, 2019 File ILS: 19-0371 T FTL CONSIDERATIONIN GENERAL SERVICE RATES, AND ANNUAL INFLATIONARY SMALLINCREASES FOR 'I LARGE QUANTITY GENERATORS)i FOR SOLID RECYCLINGE' "TION SERVICES BY THE, CITYS FRANCHISEDPROVIDER, L PROPOSEDOF WRITTEN PROTESTS,AGAINST THE I RESOLUTIONI IL OF' THE CITY OF CHULA VISTA ACCEPTING PUBLICT"' PROCESS REGARDING PROPOSED INCREASES I GENERAL SERVICE RATES, AND ANNUAL,INFLATIONARY RATEP' SSSS, SOLIDFOR L CITY'S I , REPUBLIC ; AND, APPROVINGPROPOSED RATE INCREASES IF THERE IS NOT A MAJORITY PROTEST RECOMMEND w DACTION Council conduct the public hearing,receive the results of the public protest process, and if written protests .have not been submitted with respect to a majority of the parcels, adopt the resolution accepting the results and approving the rate adjustments. SUMMARY In conformance with .Article XIIII) of the California ,Mate Constitution and. the Proposition 218 omnibus Implementation Act, the purpose of the hearing is to consider all written protests against proposed increase in rates for solid waste and recycling services provided by the City's franchised provider, Republic Services. Chula Nista property owners and Chula Vista Republic Services customers of record can submit their protest in writing to the City Clerk prior to the close of the public hearing. oral comments at the public .hearing will not qualify as formal protest unless accompanied by a written protest as described. If a majority protest is not received,the proposed increases will be implemented. ENVIRONMEN'TAL 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 1501601(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the activity (qualifies for an. Exemption 1 Page 1 2019-09-24 Agenda Packet, Page 137 of 203 pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Sustainability Commission heard a report and voted to recommend that City Council hold hearing proceedings prior to implementing the proposed rate adjustment. DISCUSSION The City has received a request for a special rate increase from the City's franchise solid waste collection services provider Republic Services to alleviate financial losses. The losses are due to a significant shift on export recycling markets. Republic Services is requesting a rate increase of .1%. however,this increase is subject to the 201% franchise fee and 5% A8939 fee that Republic is required to pay to the City under contract (approved by Resolution no. 2014-129).The total percentage increase is 7.6%to be applied on all residential, commercial and industrial service accounts. In accordance with Section 7.7 of the agreement, Republic Services reserves the right to request a rate relief at any time due to extraordinary circumstances that are beyond Republic Services reasonable control such as the recycling material current commodity downturn and increased materials processing costs. On June 18, 20,19 Chula Vista City Council approved Republic Services request and directed staff to proceed with conducting the proceedings necessary prior to the implementation of the proposed rate increase (Resolution no. 2019-128). In addition, pursuant to the approved franchise agreement with Republic Services, annual inflationary adjustments may be implemented. The annual adjustment amount for general service rates does not exceed 100 percent of the increase in the San Diego Area Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor, Bureau of Labor Statistics for the previous twelve-month period (calendar Year) for which statistics are available. At no time shall the Small Quantity Generator Rates exceed ninety percent (90%) of the average for the County of San Diego for the same level of service after subtracting any pass-through fees or local subsidies. This limitation is to be applied only to determine whether the Contractor is entitled to the full CPI adjustment on Small Quantity Generator rates, as described with the following formula: Mean County Average Rate X 901% = Maximum rate for Small Quantity Generator. Public ear ng Process: On August 9, 2019, 101,221 Chula Vista property owners and Chula Vista Republic Services customers of record were notified of a public hearing to consider a trash rate increase and the rate adjustment formula for solid waste services with a direct mail pamphlet. (Attachment 1). The public, notice serves as communication of the proposed rate increase and maximum annual rate adjustments pursuant to the approved contract. The notice contained some of the most common service levels projected rates and their expected increase along with information on how to access the entire rate schedule on the City's website or by contacting the Office of Sustainability via phone or email or though the City Clerk's Office. The mailing started a 45-day comment period for property owners to protest the proposed 7.6% rate increase and maximum annual rate adjustments pursuant to the approved contract.All written protests are Pzige 12 2019-09-24 Agenda Packet, Page 138 of 203 required to be signed by the Chula Vista property owners and Chula Vista Republic Services customers of record and describe the property either by address or Assessor's Parcel Number. All written protests must be received by the City Clerk before the close of the majority protest public hearing on September 24, 2019. After the close of the hearing, the Chula Vista City Council will receive final tabulations of the written protests received by the City Clerk. If written protests are not received on behalf of a majority of the parcels subject to the rate increases is not received (50,61.0+1. 50,611) the proposed rate increases, beginning in 2019, and maximum annual inflationary rate adjustments for a five-year period beginning 2020, shall be approved. DECISION-MAKER CONFLICT' Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently,the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Govt 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 IMPAC 111r Approval of this item will have a positive net impact of$270,000 to the General Fund and a positive net impact of $40,500 to the Environmental Services Fund. These amounts, are pro-rated because the adjustments would not be implemented until October. ONGOING FISCAI.IMPACT A positive net impact of $360,000 to the General Fund and a positive $90,000 for the Environmental Services Fund per fiscal year. A'gip ACHMEN'TS Attachment 1: Public Hearing Notice mailer Staff Contact:Manuel Medrano Pzige 3 2019-09-24 Agenda Packet, Page 139 of 203 RESOLUTION No. RESOLUTION of THE CITY COUNCIL of THE CITY of C ULA VISTA ACCEPTING THE RESULTS of THE PUBLIC PROTEST PROCESS REGARDING PROPOSED INCREASES IN GENERAL SERVICE RATES, AND ANNUAL INFLATIONARY RATE INCREASES FOR SMALL QUANTITY AND LARGE QUANTITY GENERATORS, FOR SOLID WASTE AND RECYCLING COLLECTION SERVICES BY THE CI Y'S FRANCHISED PROVIDER, REPUBLIC SERVICES; AND APPROVING THE, PROPOSED RATE INCREASES IF THERE IS NOT A MAJORITY PROTEST WHEREAS, in 2014 the City of Chula Vista (the City) and Republic Services (Republic) entered into an amended and restated solid waste and recycling franchise agreement to provide collection services to all residential and commercial properties in. Chula.Vista (the "Agreement); and WHEREAS, the Agreement permits Republic to charge fees for its service, subject to maximum rates established in the contract, requires Republic to pay the City a 20% franchise fee and ars additional 5%AB939 fee that is used for recycling and waste reduction programs p y pass-through to customers; and ro rams an education, of o is Republic is ma WHEREAS, the City received a request for a special rate increase from Republic to alleviate financial losses caused by a significant shift in export recycling markets; and WHEREAS, the requested increase of 6.1% is subject to the 0% franchise fee and 5% AB939 fee that Republic is required to pay to the City under contract (approved b Resolution no. 2014-129), bringing the total rate increase to 7.6% increase on all residential, commercial and industrial service accounts; and WHEREAS, the Agreement allows Republic to request City approval of a fee increase due to extraordinary circumstances beyond Republic ys control and maximum annual rate adjustments pursuant to the approved contract with Republic Services, and WHEREAS, on June 18, 2019 Chula Vista City Council approved Republic Services request and directed staff to proceed with conducting the proceedings necessary prior to the implementation of the proposed rate increase (Resolution no. 2019-128); and WHEREAS, the contract also provides for an annual inflationary increase pursuant to the formulas set forth in the contract; and WHEREAS, staff sent the requisite public notice to 101,221 Chula Vista property owners and Chula Vista Republic Services customers of record to notify them of the public hearing to consider the proposed rate increases and rate adjustment formulas for solid 2019-09-24 Agenda Packet, Page 140 of 203 WHEREAS, the mailing of the notice started a 45-day period during which written protests to the proposed rate increases may be submitted to the City, culminating with a public hearing on September 24, 2019; and WHEREAS, the final tally of written protests received by the City Clerk, (less than 50Y610 +1) confirmed that written protests were not received on behalf of a majority of the affected parcels and, as a result, the proposed rate increases and annual rate adjustments, as set forth in the public notice, are approved and the increases will go into effect. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: 1. Accept the results of the majority public protest process; and 12. Approves the proposed general service rate increase of 7.6%, on Chula Vista Republic Services ratepayers conditioned on the City retaining the ability to reduce the rate when it determines that market conditions warrant a reduction; and 3. Approves the annual inflationary rate adjustments, pursuant to the formulas contained in the public notice, for the five-year period beginning in 2020. Presented by Approved as to form by Eric Crockett Glen R. Googins Economic Development Director City Attorney 2019-09-24 Agenda Packet, Page 141 of 203 NOTICE OF PUBLIC A THE CITY'S SOLID WASTE ANIS RECYCLING SERVICES CITY OF The City Council will hold a public hearing to consider the proposed rate increases on September 24,2019,at 5 p.m.The public hearing will be held in the City of Chula Vista Council Chambers located at 276 Fourth Avenue Chula Vista. At the public hearing,the City Council will consider the proposed rate increases,public testimony,and written protests. A written NOTICE F protest must contain all of the following information: 1.The name and signature of the property owner,or Republic Services customer,of record who is submitting the protest; P U B L I C HEARING 2.The streetaddress or Assessor's Parcel Number(APN)that the pretest concerns;and ON PROPOSED ND3.A statement that the property owner or customer submitting the protest opposes the proposed rate increase. INCREASE WASTE � " 4.Be received prier to the conclusion of the public hearing. RECYCLING COLLECTION SERVICE RATES All written,protests must be received prior to the conclusion of the public hearing and may be mailed or delivered"fn-person to: September 2 4 2019 5 p-m- Proposed Rate Increase Protest / City of Chula Vista City Clerk's Office Council Chambers 276 Fourth Avenue,Chula Vista,CA 91910 Chula Vista City Nall 276•Fourth Avenue,Chula Vista,CA 91910 City ClerkHours of operation: Monday-Thursday:9 a.m.-5 p.m. Friday:9 a.m.-12 p.m. Please note the following: •Protests that are mailed to the Chula Vista City Clerk must be received by 4 p.m.on September 24,2019 regardless of the date mailed or the date of postmark. •Written protests will also be accepted in the City of Chula Vista Council Chambers during the public hearing. •No more than one written protest per parcel of property will be counted in calculating whether a majority protest exists.. •Any protest submitted via fax,email or other electronic means will not be accepted. •Oral comments at the public hearing will not qualify as a formal protest,unless accompanied by a written pretest. Frequently Asked Questions: Why did I get this mailing? This mailing serves as notice on the proposed increase in solid waste and recycling collection service rates. Do I have to respond to this? No,you do not have to respond to this notice. If,however,you oppose the fee increase or the adjustment formulas,you can file your written protest with the City Clerk's Office as described above. What if I have more questions? _ If you have questions about your waste services,you may call(619)691-5122 or email the City of Chula Vista Environmental GZg'ONilh�Rd �VO//''''''�� VISIA 1 M 'jaded pa�9.�]d.l VO Pc'�S�ll l.ld Services Section at EnvironmentalServices@chulavistaca.gov. 931 ��II�.,J or&6 VD'e151A gngD J0 ``''D D buoppn9'anuanV q1a,noj 9Gz adsni Juawliedaa JuaWd011ana(]Di�uouo��'uor,JDaS saaireaaS JeJuauauaainu3 ++� 2019-09-24 Agenda Packet CIlSidSdd •aaiog7 inoA .Juawuoa1nu3 an€3k .A1Iunuitooa A"x,,1.42of203�'� J)I'� Service The City's Sold'W'aste and Recycling Services Consumer Price Index Rate AC,��tISIt1'tenNS provides B. LARGE QUANTITY uANT[TY GENERATORS:LQG 9-1-2019 Proposed Recycling Adjustment: Rates d Proposed PIncrease Y� In addition to the above the contract with Republic rovides Residents and businesses in the Cit of Chula Vista receive a Other Other Service Y for annual inflationary increases based on the Consumer Price � '� � �' �' � t.7.6�` Ott, solid waste and recyclin collection services from the Cit 's Index(CPI).If the rate increase is approved,rates will be 1 X 2YD x 1/WK BASIC,SERVICE 91.27 98.21 1 X 2YD X`AVK EXPANDED SERVICE 1018.55 116.80 franchised waste hauler, epublic Services("Republic"). he adjusted each year for the next five ears as follows: contract between the City and Republic establishes maximum •Large Quantity Generators("L G")(commercial-&tin 1 X 3YD X I/WK BASIC SERVICE 123.78 1.33.19 rates Republic may charge its customers and allows for service)rates are,adjusted every July 1,starting in 2020. 1 X 3YD X 1/WK EXPANDED SERVICE 142.56 15:3.39 periodic increases to those rates. In accordance with the The annual adjustment for LQGs will be equal to the San 1 X 4YD X I/WK BASIC SERVICE 197.13 212.11 contract,Republic has requested an increase in the rates it Die(y-Area CPI for all Urban Consumers,as published'by 1 X 4YD X I/WK EXPANDED SERVICE 222.44 2..39..35 charges for solid waste and recycling collection services. the .S.Department of Labor,Bureau of Labor Statistics for 1 X 5YD X 1/WK BASIC SERVICE 246.35 265.037 The Proposed Rates the previous 12-month calendar year period.The following 1 X 5YD X]MIK EXPANDED SERVICE 2.78.08 299.21 formula will be used to determine the annual LQG rate 1 X 6YD x IAVK BASIC SERVICE 295.61 318.08 Genera!Service Rate Increases adjustment: 1 X 6YD X 1/wK EXPANDED SERVICE 333.67 359.03 Republic has requested the rate increase to cover increased CPI%X Service Rate=LQG General Service Rate Increase B. LARGE QUANTITY GENERATORS:Continued', costs for providing the collection services.The'increased costst, rom Nate. Expanded Service such as a container push out in excess of 25 feet i p' r o g precycling year-to-year),a applicable raeof$1 f 19.71 would ld b Cdr adjusted as follows: Extra pick up Charges: 72.10 77.5€3 are due.in art to recent lobo)'disruptions in the uld be adjust€. es: cmommercral Trash industry which have created a slowdown in recycling markets, 1.034 X$119.71=$123.713(before all governmental fees) Commercial Recycling 54.95 59.1.3 material arlues� ecause of Increased costs d' Green Waste Ree,clip} 42,(75 4x.89 greatly processing decreasing recyclable y g 18.83 45.16 Casts to provide the „ „ Overloaded Bin-per one yard extra p Small Quantity Generators( SQG )(residential-Cart services,Republic has requested a rate increase of 7.6`16 on Y p ' GREEN WASTE RECYCLING 1 X 1ANEEK 117.07 125.97 P q service)rates are adjusted ever September 1 starting in 1 X 2M/FFK 21.....1.57 227.65 current general service rates.If approved the rate increase will 2020.The annual 7ustment amount for S Gs will be the 1 X 1/Bl-WEEKLY 63.13 67.9.3 bo into effect on October 1 201 using the following formula: 1 he L Gs with the following Food wane Study Interium Rates: ON HOLD ON HOLD g f F g €� same as the adjustment far t LQGs, exception:at no time shall residential'rate a er rates 1-64 Gal Cart 1x week-for each cart .076 x$21.78:=$1.65;making the new rate$21.78+1.65=X23.44 ii p « p exceed 901 of the average for the County of San Diego for COMMERCIAL RECYCLING Listed below are the current rates and how they are affected by the same level of service,after subtracting any up to 8 yard of service 1x wk: 1 X 1/WEEK 3 YD Bin 66.98 72.07 the proposed rate increase for common levels of service. governmental pass-thru fee.This limitation is applied only 1 X I/BI-WEEKLY 56.26 60-54 You y also view all the new maximum proposed rates for all to determine whether Republic is entitled to the full NON-HOSPITALITY 1 X 1ANEEK 2.8.33 30.48 p P adjustment or prorated amount on Small Quantity (UPT04-96GAL CARTS) 1 X 1/BI[-WEEKLY 23.64 25.44 service levels at www.chulavistaca.��_jov/clean,click on Public Generators. Residential Multi-family bin service for 6 to 9 units(with City approval) Notice 2019 Rate Sheet w/ ro ose4 increase.You may also p p Trash rates-commercial service as needed,per commercial container rate schedules obtain a co of the new rates from the City Clerk's office. CPI%X Service Rate=SQG General Service Rate Increase Recycling only-charge per unit(in addition to the trash rate 2.53 2.72 Please contact the Environmental Services Section at(61 9) Recycling and Greenwaste-charge per unit(in addition to L trash rate) 4.14 4.45 691-5122 or environmentalservices@chulavistaca.gov,if you Example:1f the applicable Cl'1 is 3.1`/�Cy'1(actual CI'1 will nary from year-to-year),a SQG-rate of.$'16.49 would be adjusted as follows: Over wei�ht Bins-Upon approval by the City, have questions. 1.034 X$1649=$1700`(before all governmental fees) 1.De ermine the ratio of pounds per cubic yard over the 110 pounds average per cuhic yard. *As longi the ratty 1s at least 10%below the County average. 2.Ratio establishes the number of bins to use when calculating the charge. Green Waste SQG Cart Service I r"�t x,11 „.I(gal H) rl One time weekly on residential service day for the area 6.18 12.37 18.55 6.65 13.31 19.95 Lock on carts/bins 7.68 8.26 Container exchange after complementary annual exchange 76.05 81.83 CHULA VISTA FRANCHISE - 2019/2020 RATE SCHEDULE FOR SQG,LQG AND INDUSTRIAL SERVICES Delay wait time/Special Service(upon customer request)per 1/2 hour 68.81 74.04 Current and proposed new general service rates,effective October 1,2019 Cit Franchise N=ee= 20.01aReplacement. 3 yd bin container due to repeated customer abuse 921.67 991.72 F' I� City - Proposed Recycling adjustment 7.6% AB 939 Recycling Fees= 5.0`)0 (extra charges may apply for personalized container purchase upon City approval). Bulky Item Pick up 1/2 Hour Service Fee 38.21 41.11 Bulky Item Pick up Commercial/Industrial- 4.26 4.513 Service Description Current Rates Rates AfterProposed Price Increase if called in 24 hours in advance of service clay for the SQG route in that area Other 32 Gal 1 64 Gal �96 Gal Service 32 Gal 64 Gal 96 Gal Service Extra pickup or call back on recycling services(per stop not per container) 14.23 15.31 A. SMALL QUANTITY GENERATOR:.SQG 9-1-2019 Proposed Recycling Adjustment:7.6% C. INDUSTRIAL GENERATORS: Residential-single unit 16.82 21.78 25.65 18.10 2.3.44 27.60) Compactor 290.70 312.79 Additional cart 7.62 8.201 Roll-off 188.02 202.31 Trash Exem t 3.96 4.26 C.O.D.HAUL+DELIVERY+7 TON DISPOSAL 659.79 709.93 Minimum Service Charge 16.82 181.10 $202.31+$50.46+$457.16=709.93 Extra trash set out/32 gal equivalent 4.51 4.85 (Haul charge+Delivery Charge+7 Tan Disposal) Prepaid extra 32 gal-bag services 2.26 2.4.3 Anything over 7 tons is charged at current disposal rate per tan. Residential-Senior(On program before 12/31/01) 11.83 NA N.A 12.73 NA NA *DISPOSAL PER TON(includes Franchise Fee&AB939 Tax) 600,70 65.31 Yard Waste Disposal is$32.65/tan,CD$70.18/ton and Clean Dirt/Concrete is$107.05/load. Residential-Multi-family up to 9 units 16.82 21.78 25.65 18.10 2.3.44 27.60 All recyclin material processing fees are passed through to the generator. Any disposal char es due to contamination will be passed through to the generator. Mobile Home Parks-coach to coach 16.82 21.78 25.65 1&10 2.3.44 27.60 A rebate of 50%.af'the market value minus processing costs is offered for clean recycling loads. Commercial/Industrial SQG Bulky Item Hourly Service Rate-per 1/2 hour 38.21 41.11 One time weekly on residential service day for the area 16.82 21.78 25.65 18.10 .23.44 27.60 Additional carts 7.62 8.26 Compactor Container wash Out 115.22 123.98 Replacement cart charge(32,64,or 96 gal cart)clue to repeated customer abuse 110.21 1113.59 Relocation of the Container 115.22 12.3.98 SQG Bulky Item(s)-Pick app free if called in 24 hours in advance of service day for up to 10 items. Free Free Dry Run Charge-50%of the Haul Rate 94.01 1131.16 Per Bu!Iky(tem fee applied for items over the 10 items allowance. 4.18 4.50 y g y y,subsequent exchanges do riot get charged) 46.90 50.46 Roll-off Deliver Charge(initial deliver and Bulky Item 1/2 Hour Service Fee-for non-scheduled service.Will pickup maximum of 5 items, 36.02 38.76 where upon the SQG Bulky Item Fee is applied for each of the items over the 5 item allowance Roll-off Container Daily Rental Charge(After 17 days) 4.25 4.56 Temporary 3 yd container at residential unit(includes 1 dump and 17 day li,m�it) 193.41 208.11 Bulky Item Pick yup Commercial/Industrial-if called in 24 hours in advance of service day for 4.26 4.58 Additional clumps-same as I...QG extra pick up rate 72.80 78.33 the SQG route in that area.Items over 60 lbs.must be prepared for safe handling with a hand Temporary Bin.Rental charges begin at 18 days. 4.30 4.63 truck.If not far the area is charged Bulky Item Hourly Service rate per 1/"2 hour.may he subject to$25 per half hour service lee.Collection on any day other than Green Waste Cart Rental(ane 64 gal or 96 gal,cart-min.6 mth.rental period) 1.39 1.50 d SQG route Special Handling CharSame Day Service Request until 3:00 pm 69.71 7.5.1)1 ges Call Backs/Non sc eduled-customer requested) 13.98 15.04 Special Events: Customer Requested Special Service(i.e.,cart cleaning,mise.electronic waste) 13.98 15.04 Trash Bin,each 177.72 191.1.3 Televisions and Computer Monitors curbside pickup 6.99 7.52 Recycling Bin,each 116.47 125.32 R'�rlr�joq-"4'n&da Packet 13.98 15.04 96 or 64 gallon cart 14.23 Page 1.43 of 2..31 Recycling 15 gal Red Box OR Special Event Cardboard Box 7.10 4 I T 1 L spun" is m"MENT A A0""* Eft' ww"f& 0 1A io, Tt /A(i N uA :5 b CITY OF C H'U LA V I STA September 10, 2019 File ID: 19-0197 'TITLE RESOLUTION of SHE CITY COUNCIL OF THE CI"T"Y of CHULA VISTA APPROVING AN AGREEMENT BETWEEN 'THE CITY OF CHULA VISTA AND UTILITY SERVICE PARTNERS PRIVATE LABEL, INC FOR THE NATIONAL LEAGUE of CITIES SERVICE DINE'WARRANTY PROGRAM RECOMMENDED ACTION Council adopt the resolution.. SUMMARY Utility Service Partners Private Label, Inc. (LISP), Inc. offers an insurance policy to residential property owners that covers the cost to repair or replace their utility service lines, primarily to single family louses and some multi-family dwellings. The Program was endorsed by the National League of Cities (NLC) in 2010 and through this partnership, the Program has been implemented in more than 400 Cities in 31 states. The proposed agreement with LISP is a marketing agreement that will allow LISP to offer their warranty programs to Chula Vista residents. There is no monetary benefit tot e City of Chula Vista because of this agreement. 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 1.5378 of the state CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 1501601(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an. Exemption pursuant to Section. 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Service Line Warranty Program began serving, California Cities in 2012. Cities have the ability to sign a partnership agreement with USP, to offer the low-cost warranty program to residents. California cities that are current partners in the programa. include: Cathedral City, Claremont, Culver City, Daly City, Laguna :Beach, Lemon Grove,Perris,San Bruno,San Carlos, San Diego,and Y"ountville. 1 Pg e 1 2019-09-24 Agenda Packet, Page 144 of 203 The warranties covered under the program fall under three categories: 1. Water Line Warranty - this covers the buried, outside water line, which runs from the meter and/or curb box, which includes the service line under the concrete floor until it daylights into the home. 'The warranty provides coverage of up to $8,500 for each water line repair. The cost for Residents to participate in this program is s a $6 monthly fee. Additionally, a discount of $5 is available on the total annual cost if a resident pays for a full year in advance. 2. Sewer Line Warranty - this covers the buried, outside sewer line that runs from the City mainline connection until the line daylights inside the home which includes the service line under the concrete floor.The warranty provides coverage of up to $8,500 for each sewer line repair.The cost for Residents is a $9 monthly fee.Additionally, a discount of$,5 is available on the total annual cost if a resident pays for a full year in advance. 3. In-Home Plumbing Warranty - covers residential in-home water and in-home sewer lines and all drain lines connected to the main sewer stack that are broken or leaking inside the home after the point of entry,. Coverage includes broken or leaking water, sewer, or drain lines that may be leaking in walls and under the slab or basement floor. Coverage also includes the repair of clogged toilets. It does not cover the damage done to personal or household items normally covered by a homeowner's policy. 'The warranty provides coverage of up to $3,000 for each in-home repair. The cost to Residents is a $9.49 monthly fee. Additionally, a discount of$4.89 is available on the total annual cost if a resident pays for a full year in advance. Signing up for this program is totally optional and Residents can cancel the warranty or warranties at any time. The presence of homeowner's insurance does not affect participation in the warranties. It is at the homeowner's discretion with regards to which policy would be primary,. The next steps in the process for the Warranty Program include the following: 1. Execute agreement with USP 2.Work with USP to create resident marketing materials 3. USP executes resident marketing campaign 4. Residents sign up,and City has access,to monthly reports 5. USP conducts additional marketing of'tie program (up to 3 times per year max of 6 mailings per year) USP intends to mail residents a campaign letter that outlines the City's participation in accordance with the agreement, followed by a reminder letter two weeks later. USP will only solicit through direct mail - no telemarketing.The City may agree to the use of the City logo/name on all marketing materials upon written approval by the City as provided in the agreement. The City may also market the program through other means, if desired, to increase awareness and participation in the Program. The first program marketing campaign is intended to be mailed 10-12 weeks after the City signs the agreement. The term of the agreement is a three-years. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently,the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Govt Code § 87100, et seq.). Pzige 2 2019-09-24 Agenda Packet, Page 145 of 203 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 IMPAC MY There is no significant fiscal impact to the City as a result of entering into this agreement. There is some staff time associated with the initial implementation of this program including reviewing the press release and answering questions from the public. ONGOING FISCAL MY There is no ongoing fiscal impact associated with this agreement. A'TTAC'HMEN'TS L Agreement between the City of Chula Vista and Utility Service Partners Staff Contact:Angelica Aguilar,Assistant Director of Public Works P zi g e 3 2019-09-24 Agenda Packet, Page 146 of 203 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A,N AGREEMENT BETWEEN THE CITY OF CCH LA VISTA AND UTILITY SERVICE PARTNERS PRIVATE LABEL, INC. FOR THE SO. LEAGUE OF CITIES SERVICE LINE WARRANTY PROGRAM WHEREAS, sewer and water line laterals between the mainlines and the connection on residential private property are owned by individual residential property owners residing in the City; and WHEREAS, the City desires to offer residential, property owners the opportunity, but not the obligation, to purchase a service line warranty and other similar products set forth in Exhibit A or as otherwise agreed in writing fromtime-to-time by the parties; and WHEREAS, Utility Service Partners Private Label, Inc. ("USP"), a subsidiary of HomeServe USA Corp., is the administrator of the National League of Cities Service Line Warranty Program and has agreed to make the products available to residential property owners subject to the terms and conditions contained herein; and WHEREAS, approval of the agreement will allow USP, to market their products to City residents and will, be allowed to use the City's logo in their marketing materials (upon. City's approval of materials); and WHEREAS, the proposed agreement with USP, will be for a term of three years and is a no royalty agreement so the City will not receive any financial benefits from this agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the Marketing Agreement between the City and Utility Service Partners Private Label, Inc. for the National, League of Cities Service Line Warranty Program, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk and authorizes and directs the City Manager to execute same. Presented by Approved as to form by Iracsema.Quilantan Glen R. Googins Director of Public Works City Attorney 2019-09-24 Agenda Packet, Page 147 of 203 DocuSign Envelope IID:3COD4lD5-A6,4F-4663-856A-FOOO,FED99F56 MARKETING AGREEMENT This MARKETING AGREEMENT ('"Agreement") is entered into as of September 24 2019 ("Effective Date"), by and between the City of Chula Vista, California ("'City"), and Utility Service Partners Private Label Inc., a Delaware corporation, d/b/a. SLWA Insurance Services, ("Company""), herein collectively referred to singularly as "Party" and collectively as the "Parties". RECITALS: WHEREAS, sewer and water line laterals between the mainlines and the connection on residential private property are owned by individual residential property owners residing in the City("Residential Property Owner"); and WHEREAS, City desires to offer Residential Property Owners, the opportunity, but not the obligation, to purchase a service line warranty and other similar products set forth in Exhibit A or as otherwise agreed in writing from time-to-time by the Parties (each, a"Product" and collectively, the "Products"); and WHEREAS, Company, a subsidiary of HomeServe USA Corp., is the administrator of the National League of Cities Service Line Warranty Program and has agreed to make the Products available to Residential Property Owners subject to the terms and conditions contained herein. NOW, THEREFORE, in consideration of the foregoing recitals, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and with the intent to be legally bound hereby, the Parties agree as follows: 1. Purpose. City hereby grants to Company the right to offer and market the Products to Residential Property Owners subject to the terms and conditions herein. 2. Grant of License. City hereby grants to Company a non-exclusive license (""License"") to use City's name and logo on letterhead, bills and marketing materials to be sent to Residential Property Owners from time to time, and to be used in advertising (including on the Company's website), all at Company's sole cost and expense and subject to City's prior review and approval. City agrees that it will not extend a similar license to any competitor of Company during the Term and any Renewal. Term of this Agreement. 3. Term. The term of this Agreement ("Term") shall be for three (3) years from the Effective Date. The Agreement will automatically renew for additional one (1) year terms ("Renewal Term") unless one of the Parties gives the other written notice at least ninety (°90 days prior to end of the Term or of a Renewal Term that the Party does not intend to renew this Agreement. In the event that Company is in material breach of this Agreement, the City may terminate this Agreement thirty(3,0) days after giving written notice to Company of such breach, if said breach 2019-09-24 Agenda Packet, Page 148 of 203 DocuSign Envelope IID:3COD4lD5-A6,4F-4663-856A-FOOO,FED99F56 is not cured during said thirty(30) day period. Company will be permitted to complete any marketing initiative initiated prior to termination of this Agreement after which time, neither Party will have any further obligations to the other and this Agreement will terminate. 4. Indemnification. Company hereby agrees to protect,, indemnify, and hold the City, its elected officials,, officers, employees and agents (collectively or individually, "Indemnitee") harmless from and against any and all third party claims, damages, losses, expenses, suits, actions,, decrees,judgments, awards, reasonable attorneys' fees and court costs (individually or collectively, "Claim"), which an Indemnitee may suffer or which may be sought against or are recovered or obtainable from an Indemnitee - as a result of or arising out of any performance or breach of this Agreement by the Company, or any negligent or fraudulent act or omission of the Company or its officers, employees, contractors, subcontractors, or agents in the performance of services under the Products; provided that the applicable Indemnitee notifies Company of any such Claim within a reasonable time after the applicable Indemnitee receives notice of the Claim. 5. Insurance. Company shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Coverage shall be at least as broad as: 1. Commercial General Liability(CC L,). Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an "occurrence"basis, including products-completed operations, personal, & advertising injury, with limits no less than $,1,000,,000 per. occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non owned autos (Code 9), with limit no less than $1 000,000 per accident for bodily injury and property damage. 3. Workers' Compensation.- as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to the above general, liability and automobile policies. Company's general liability coverage must be primary insurance as it pertains to the City. No required insurance policy may be canceled by Company during the term of 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 Company must procure and put into effect equivalent coverage(s). Company's insurer(s) will provide a waiver of subrogation in favor of the City for each required 2 2019-09-24 Agenda Packet, Page 149 of 203 DocuSign Envelope IID:3COD4lD5-A6,4F-4663-856A-FOOO,FED99F56 insurance policy under this Agreement. In addition, Company waives any right it may have or may obtain to subrogation for a claim against City. Prior to commencement of this Agreement, Company shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Company has obtained the required insurance in compliance with the terms of this Agreement. Insurance provisions under this section shall not be construed to limit the Company's obligations under this Agreement, including Indemnity. 6. Notice. Any notice required to be given hereunder shall be deemed to have been given when notice is (i)received by the Party to whom it is directed by personal service, (ii) sent by electronic mail (p�rovided confirmation of receipt is provided by the receiving Party), or(iii) deposited as registered or certified mail, return receipt requested, with the United States Postal Service, addressed as follows: To: City: ATTN: Gary Halbert City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 Phone: (619) 691-5031 To: Company: ATTN: Chief Sales Officer SLWA Insurance Services 4000 Town Center Blvd, Suite 400 Canonsburg, PA 15317 Phone: (866) 974-4801 7. Modifications or Amen dments/E the Aupeement. Any and all of the representations and obligations of the Parties are contained herein, and no modification, waiver or amendment of this Agreement or of any of its conditions or provisions shall be binding upon a party unless, in writing signed by that Party. 8. Assignment. This Agreement and the License granted herein may not be assigned by Company other than to an affiliate or an acquirer of all or substantially all of its assets, without the prior written consent of the City, such consent not to be unreasonably withheld. 9" 9. Counterparts/Electronic Delivery* No Third Party Benet ciary. This Agreement may be executed in counterparts, all such counterparts will constitute the same contract and the signature of any Party to any counterpart will be deemed a signature to, and may be appended to, any other counterpart. Executed copies hereof may be delivered by facsimile or e-mail and upon receipt will be deemed originals and binding upon the Parties hereto, regardless of whether originals are delivered thereafter. Nothing expressed or implied in this Agreement is intended, or should be construed, to confer upon or give any person or entity not a party to this agreement 3 2019-09-24 Agenda Packet, Page 150 of 203 DocuSign Envelope IID:3COD4lD5-A6,4F-4663-856A-FOOO,FED99F56 any third-party beneficiary rights, interests, or remedies under or by reason of any term, provision, condition, undertaking, warranty, representation, or agreement contained in this Agreement. 10. Choice of Law/Attorney Fees. The governing law shall be the laws of the State of California. In the event that at any time during the Term or any Renewal Term either Party institutes any action or proceeding against the other relating to the provisions of this Agreement or any default hereunder, then the unsuccessful Party shall be responsible for the reasonable expenses of such action including reasonable attorney's fees, incurred therein by the successful Party. 11. Incorporation of Recitals and Exhibits. The above Recitals and Exhibit A attached hereto are incorporated by this reference and expressly made part of this Agreement. [Signature Page Follows] 4 2019-09-24 Agenda Packet, Page 151 of 203 DocuSign Envelope IID:3COD4lD5-A6,4F-4663-856A-FOOO,FED99F56 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first written above. CITY OF CHULA VISTA Name: Gary Halbert Title: City Manager SLWA INSURANCE SERVICES DocuiSigned by: �—E357D572EAF44DC— Name.- Michael Backus Title: Chief Sales Officer 5 2019-09-24 Agenda Packet, Page 152 of 203 DocuSign Envelope IID:3COD4lD5-A6,4F-4663-856A-FOOO,FED99F56 Exhibit A NLC Service Line Warranty Program City of Chula Vista Term Sheet March 25, 2019 1. Initial Term. Three years 11. License Conditions. a. City logo on letterhead, advertising, billing, and marketing materials (only as approved by City in advance pursuant to the Agreement) 111. Products. a. External water service line warranty(initially, $6.00 per month) b. External sewer/septic line warranty(initially, $9.00 per month) c. Interior plumbing and drainage warranty (initially, $9.49 per month) Company may adjust the foregoing Product fees; provided, that any such adjustment shall not exceed $.50 per month in any 12-month period, unless otherwise agreed by the Parties in writing. IV. Scope of Coverage. a. External water service line warranty.- - Homeowner responsibility: From the meter and/or curb box to the external wall of the home. - Covers well service lines if applicable. b. External sewer/septic line warranty: - Homeowner responsibility: From the exit point of the home to the end of the customer's responsibility. - Covers septic lines if applicable. c. Interior plumbing and drainage warranty.- - Water supply pipes and drainage pipes within the interior of the home. V. Marketing Campaigns. Company shall have the right to conduct up to three campaigns per year, comprised of up to six mailings and such other channels as, may be mutually agreed. Initially, Company anticipates offering the Interior plumbing and drainage warranty Product via in-bound channels only. 6 2019-09-24 Agenda Packet, Page 153 of 203 I T 1 L spun" is m"MENT A A0""* Eft' ww"f& 0 1A io, Tt /A(i N uA :5 b CITY OF C H'U LA V I STA September 2 ,2019 File IIS: 19-0422 'TITLE RESOLUTION of THE CITY COUNCIL OF'THE CI"T"Y"of CHULAVISTA: (1)AUTHORIZING THE ACCEP"T"ANCE OF A$452,979 HOMELESS EMERGENCY AID PROGRAM (HEAP) GRANT FROM THE REGIONAL TASK FORCE ON THE HOMELESS; (2)APPROVING AGREEMENTS WITH THE REGIONAL TASK FORCE ON THE HOMELESS ANIS WITH NATI0NAL CITY AND TIFF ALP HPRoJFCT TO IN"IPLEMENT T'HF CHULA VI ST'A-NATI 01 NALCITY REGIONAL HOMELESS ESS PROGRAM AND AUTHORIZING TIFF CITY MANAGER OR DESIGNEE To EXECUTE SANTE;AND (3)APPROPRIATING FUNDS'THEREFOR.(4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY In March 2019 the City of Chula 'lista, in partnership with. the City of National City and Alpha Project, submitted a Homeless Emergency yid Program funding application to the Regional Task Force on the Homeless. In May 201.9,the City received notification that the program was awarded$452,9791 to implement the Chula Vista-National City Regional Homeless Program. In order to proceed with the program, the City must enter into agreements with the task force,the City of National City and Alpha Project. This item seeps to formally accept the ,grant funds, authorize execution of the corresponding agreements, and appropriate the funds. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with. the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). The activity is not a "Project" as defined under Section 15378(b)(5) of the State CEQA Guidelines because the proposal consists of a reporting action, is not for a site-specific projects) and will not result in a direct or indirect physical change in the environmental. 'Therefore, pursuant to Section 150 o(c)(3) of the State CFQA Guidelines the activity is not subject to CFQ.A.Under NEPA,the activity is exempt pursuant to Title 24,Part 58.34(a)(2)x.(3) of the Code of Federal Regulations and pursuant to the J.S. Department of Housing & Urban Development Environmental Guidelines. "thus,no further environmental review is necessary at this time. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. 1 l Pzige 1 2019-09-24 Agenda Packet, Page 1.54 of 203 DISCUSSION In 2018, the State of California enacted the Homeless Emergency Aid Program (HEAP) as part of California Senate Bill 850,which provides $500 million in block grants to cities and counties to address homelessness throughout the State. HEAP, funds provide one-time, flexible block grant funds to address immediate homelessness challenges, including prevention, criminal justice diversion programs to unsheltered individuals with mental health needs,and emergency aid. In accordance with HEAP regulations,this funding must be allocated through each community's Continuum of Care (CoC),a federal program that promotes community-wide planning and strategic use of resources to address homelessness.Locally,the CoC program is administered by the San Diego Regional Taskforce on the Homeless (RTF'H). On January 31, 2019, the RTFH released a Notice of Funding Availability (NOTA for an estimated $18.8 million, to be allocated over a two-year period, to solicit proposals for HEAP funds from eligible organizations,with a March 18, 2019 deadline. As established within the NOFA, priorities and criteria for funding included: • Promoting cross jurisdictional or regional collaboration and cross-sector partnerships; Immediate impact and readiness of proposed activities to address issues homelessness with 50%of the award expended by December 2019; and, • Experience and capacity of an organization in implementing proposed activities and past performance on relevant HUD or similar system performance. HEAP Application Due to the highly competitive HEAP grant application process, the City established a partnership with existing programs with proven experience ence utilizing and performing under State and Federal grant programs. The City also developed a collaborative multidisciplinary community partnership for the South Bay region, comprised of the cities of Chula Vista and National City. This partnership will work toward alleviating the effects of homelessness and addressing the short-term needs of those experiencing homelessness to foster long-term housing stability. Chula Vista and National City, with its collaborative partners, proposed HEAP funding to replicate current best practices of each city, for implementation within both, to provide a consistent, results-based and multidisciplinary approach to serving the homeless. Chula Vista, as the lead applicant, with National City, Alpha Project and the McAllister Institute applied for $2,052,346 of'HEAP funds over a two-year period to fund: • Coordinated outreach to include law enforcement and a social service provider • Employment program IN Bridge housing IN Transportation. Outreach efforts will seek to engage unsheltered individuals and families who may be disconnected and estranged from mainstream services. Such efforts help to establish supportive relationships and enhance the possibility that participants will access necessary services and support that will help them move off the streets. Embedded within the outreach efforts will be: (1) case managers/housing navigators from Alpha Project already under contract in National City; (2) an existing dedicated Psychiatric Emergency Response Team (PERT) member in Chula Vista; (3) officers of the Chula Vista Police Department's Homeless Outreach Page 12 2019-09-24 Agenda Packet, Page 155 of 203 Team and officers of a newly formed National City Police Department Homeless Outreach Team; and, (4) a new passenger van for the transportation needs of clients. In addition to its outreach activities,Alpha Project also will provide case management services of unsheltered individuals and families in need of housing assistance and housing stabilization support services while they are successfully referred to,matched to,and/or enrolled in permanent housing programs. The application also included continued funding for a job training component operated by the McAlister Institute in Chula Vista and to be expanded into National City. 'This element was aimed at restoring dignity, health and ultimately permanent employment and housing stability for participants by offering work experience, earning wages towards self-sufficiency, and receiving case management support and referral services. To address interim housing needs while participants are transitioning from homelessness to shelter and/or permanent housing, funding was requested for National City to provide bridge interim housing placement with hotel/motel vouchers. The Chula Vista Housing Authority committed in-kind contributions for those unsheltered Chula Vista residents for one-time assistance to fund security deposits and/or short-term rental assistance for bridge or temporary housing stays hotel/motel vouchers rental subsidies. In addition, Chula Vista leveraged non-HEAP funds for ongoing rental assistance for permanent housing. Access to reliable and flexible transportation is necessary to assist case managers/housing navigators to provide linkages to services, diversion and intervention,and connections with housing navigation resources aimed at ending homelessness,. A request was made for the purchase of a passenger van. HEAP,Award The RTFH received 51 applications from 41 agencies requesting $63 million dollars for $18.8 million in available funds. With limited funding and application requests far exceeding funds available, the RTFH notified the City on May 31, 2019 of its award of $452,979 in HEAP funds for its first year — nearly $1,005,200 less than requested. Following notification of the HEAP award, the RTFH provided its detailed funding recommendations. In reviewing and awarding HEAP funds,the following program components were not supported by the RT'FH: City or County personnel,such as a police department's HOT,because HEAP funds are one-time only funds, • Vehicle costs Employment programs. Consistent with the RTF 's recommendations, for funding and required adjustments to specific program components of the City's collaborative HEAP application,staff has revised the scope,budget and performance metrics of the application. 1. Coordinated Street Outreach -2 (new), CVPD HOT Members Removed from application 2 (new), NCPD HOT Members Removed from application (to be funded by NC General Fund) -1 Alpha Project Supervisor Removed from application 2 Alpha Project case managers/housing IF to 4 case managers/housing navigators navlgators P a g e 13 2019-09-24 Agenda Packet, Page 156 of 203 26 New van purchased with HEAP funds Removed from application 'To be funded by Chula Vista Housing Funds Operation Costs No change Ill. "Work for Hope"'Employment Enterprise One supervisor Removed entire job training component from application. Case Managers Stipend funds Operation costs III. Housing First-Bridge Interim Housing Placement $101,000 for NC hotel/motel vouchers a Increased to $25,000 for hotel/motel vouchers While the HEAP grant award amount is $452,979, the total program budget is $1,487,979. This amount is inclusive of the cities' contribution of $765,000 from Chula Vista and $270,0100, from National City respectively,and is itemized below,: Budget Lione Item HEA PI Funding Chula Vista National City Lion Item (Alternate) (Alternate) Total F`undin Fund Alpha Project-Direct Costs $64,571 $0 $0 $6415' 71 Alpha Project-Indirect Costs $340,328 $0 $0 $340p328 'Transportation Van $0 $40,000 $0 $401000 National City Police Department HOT' $0 $0 $120)000 $120p000 staff'Tins e Chula Nista Police Department HOT $0 $250,000 $0 $250pOOO Staff Time Chula Vista Housing Division Staff $22p649 $25)000 $0 $47)6491 Time Hotel/Motel Voucher Program $25,431 $50)000 $0 $75,431 Tenant-based Rental Assistance $0 $400,000 $150,000 $550p000 Program Total by Funding Source) $452p979 $765p0010 $270p0010 $1J87)97 Through this action,staff is seeking Council's approval to accept the$452,979 in HEAP funds awarded by the RTFH, authorization for the City Manager to execute documents to obtain the grant, approval of a HEAP Funding Agreement with the RTF'H,a 3-Party Agreement between the City,Alpha Project and National City, and appropriate of funds, all of which are necessary to implement and administer the program. The appropriation request includes appropriation of Forty Thousand Dollars ($40,000) from the Housing Fund Balance to reimburse the Alpha Project for the costs associated with the purchase of the transportation van. This was categorized as an ineligible HEAP expense but is necessary to connect the unsheltered with services and housing navigation resources aimed at ending homelessness. DECISION-MAKER CONFLICT' Not site specific. 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. P Z:i g e 4 2019-09-24 Agenda Packet, Page 157 of 203 CURRENT-YEAR FISCAL IMPAC 111r There is no fiscal impact to the General Fund as a result of this action. The activities funded through the HEAP are fully reimbursable from the Regional Task Force on the Homeless. In the same manner,the Forty Thousand Dollar ($40,000) appropriation will be funded through the Housing Fund Balance,resulting in no fiscal impact to the General Fund. ONGOING FISCAL IMPAC IT There is no ongoing fiscal impact to the City's General Fund, because all costs associated with the administration of'tie HEAP is covered by the grant. ATTACHMEN'TS L Agreement with the Regional Task Force on the Homeless and the City of Chula Vista 2. Agreement with City of Chula Vista,City of National City and Alpha Project, 3. Program Scope of Work and Budget Staff Contact:Angelica Davis, DSD-Housing Sr Management Analyst P Z:i g e 5 2019-09-24 Agenda Packet, Page 158 of 203 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISA (1) AUTHORIZING THE ACCEPTANCE OF A $452,979 HOMELESS EMERGENCY AID PROGRAM M (HEAP) GRANT FROM THE REGIONAL TASK FORCE ON THE HOMELESS; (2) APPROVING AGREEMENTS WITH THE REGIONAL TASK FORCE ON THE HOMELESS AND WITH NATIONAL CITY ANIS THE ALPHA PROJECT TO IMPLEMENT THE CCHULA VISTA-NATIONAL CITY REGIONAL HOMELESS PROGRAM; ANIS (3) APPROPRIATING FUNDS THEREFOR WHEREAS, in 2018, the State of California enacted the Homeless Emergency Aid Program(HEAP)as part of California Senate Bill 850,which provides oo million in block grants to cities and counties to address homelessness throughout the state; and. WHEREAS, HAP funds provide one-time flexible block grant funds to address immediate homelessness challenges, including prevention, criminal justice diversion:programs to homeless individuals with mental health needs, and emergency aid; and WHEREAS, in accordance with HEAP"regulations, this funding must be allocated through each community's Continuum of Care (CoC), a federal programs, administered by the San Diego Regional Taskforce on the Homeless (RTFH), that promotes community-wide planning and strategic use of resources to address homelessness; and WHEREAS, on January 31, 2019, the RTFH released a Notice of Funding Availability (NOFA) for an estimated $18.8 million to be allocated over a two-year period to solicit proposals for HEAP funds from eligible organizations, with a March 18, 2019. deadline, and WHEREAS, the City, as the ea app �.cart with. its collaborative the City of National. City, Alpha Project and the McAllister Institute, applied for $2,052,346 of HEAP funds over a two-year period; and, WHEREAS, on May 31, 2019, the RTFH notified the City of its award of $452,979 in HEAP funds for its first year; and, WHEREAS, in order to receive the $452,979 in HEAP funds from the RTFH, the City must enter into an Agreement with.the RTFH; and WHEREAS, a 3-.arty Agreement among the City, National.City and Alpha Project also is required to implement and administer the program; and. 2019-09-24 Agenda Packet, Page 1.59 of 203 Resolution No. 2019- Page 2 WHEREAS, appropriation of $40,000 from the Housing Fund Balance is needed to reimburse Alpha Project for the purchase a van that will be used to connect the unsheltered with services and housing navigation resources aimed at ending homelessness. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, -3 that it accepts a $452,97HEAP P grant from the Regional Task Force on the Homeless; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes the City Manager or his designee to execute documents necessary to obtain the grant; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the agreements between the City and the Regional Task Force on the Homeless and among the City, National. City and the Alpha Project, to implement the Chula Vista-National City Regional Homeless Program, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager or his designee to execute same; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it appropriates funds, specifically $22,649 to Personnel and $430,330 to the Supplies and Services categories of the Housing Authority Fund from the HEAP grant award; and $40,000 from the Housing Fund Balance to reimburse Alpha Project for a van. Presented by Approved as to form by Kelly G. Broughton, FI LA Glen R. Googins Director of Development Services City Attorney 2019-09-24 Agenda Packet, Page 160 of 203 Regional Task Force on the Homeless Agreement Number San Diego City and County CoC - 601 RTFH: HEAP 2019-CV01 SUBCONTRACTOR AGREEMENT Homeless Emergency Aid Program (HEAP) This Agreement is entered into between the Regional. Task Force on the Homeless (RTFH), and the (subcontractor)—city..............of Chula Vista 10, The term of this agreement is: June 1, 2019 through May 31, 2020. This is a one year contract with the option of a one year renewal. The maximum amount of this Grant Agreement is: $ 4521979 The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made as part of the Agreement: Exhibit A: Authority, Purpose and Scope of Work 5 pages Exhibit B: Budget Detail and Payment Provisions 5 pages Exhibit C: Terms and Conditions 11 pages Exhibit D: Special Terms and Conditions 2 pages TOTAL NUMBER OF PAGES ATTACHED: 23 pages IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. Subcontractor's Name: By (Authorized Signature) Date Signed Printed Name and Title of Person Signing Address REGIONAL TASK FORCE ON THE HOMELESS By (Authorized Signature) Date Signed Tamera Kohler, CEO Printed Name and Title of Person Signing 4699 MuEphy Canyon Rd, San Diego, CA 92123 Address 2019-09-24 Agenda Packet, Page 161 of 203 Page 1 of 5 SUBCONTRACTOR AGREEMENT EXHIBIT Authority, Pulpose and Scope of Work Homeless Emer enc Aid Pro ram HEAP 1. Authorit Pursuant to Chapter 5 (commencing with Section 0210) of Part 1 of Division 31 of the Health and Safety Code, and all other relevant provisions established under SB 850 (Chapter , Statutes of 2018), the State has established the Homeless Emergency Aid Program ("HEAP" or"the Progrann" or"the Grant"). The Program is administered by the California Homeless Coordinating and Financing Council ("Council") in the Business, Consumer Services and blousing .A.gency "BOSH"). The .Regional Task Force on the Homeless ("RTFH") is the recognized Administrative Entity for the San Diego City and County Continuum. of Care (CoC), as provided for by HEAP and defined in the September 5, X01 HEAP Notice of Funding Availability NOFA) to Coo 's to address their immediate homelessness challenges. The Subcontractor Agreement along with all of its exhibits ("Agreement") is entered into by the RTFH and the Subcontractor under the authority of, and in furtherance of the Program's purpose. In signing this Agreement, and thereby accepting this award of funds, the Subcontractor agrees to comply with the terms and conditions of the Agreement, the Request for.proposals "RFP" under which the Subcontractor applied, the representations contained in the Subcontractors application, and the requirements of the authority cited above. 2. Purpose The general purpose of the Programs is to pass through one-time block grant funding to address the immediate emergency needs of homeless individuals and individuals at imminent risk of homelessness in the service area of the Subcontractor. In accordance with the authority cited above, an application was made by the Subcontractor for HEAP funds to be allocated for eligible uses under the Grant, which include, but are not limited to, the following, services, rental assistance or subsidies, capital improvements and homeless youth activities. . Definitions ition.s Terms herein shall have the same meaning as the definitions set forth in the HEAP RFP1 which is fully integrated and shall be interpreted to be fully set forth herein as part of this Agreement. 4. Scope cif�ork The Scope of Work "Work") for this agreement shall include one-time uses that are consistent with Chapter commencing with Section 0210) of Part 1 of Division 31 of the Health and Safety Code, and all other relevant provisions established under SB 850 (Chapter 2019-09-24 Agenda Packet, Page 162 of 203 Page 2 of 5 SUBCONTRACTOR AGREEMENT EXHIBIT A 48, Statutes of 2018), for eligible uses, which include, but are not limited to, one or more of the following: A. Services; B. Rental Assistance or Subsidies; C. Capital Improvements; D. Homeless Youth Set-Aside; E. Other 5. lAgency Contract Coordinator The RTFHs Contract Coordinator for this Agreement is the RTFH Director of Grants Management or designee. Unless otherwise instructed, any notice, report or other communication requiring the Subcontractor's signature for this Agreement shall be mailed by first class mail and email to Jennifer Yost, Director of Grants Management at the following address: Regional Task Force on the Homeless 4699 Murphy Canyon Road San Diego, CA 95642 Jennifer. nct-61)" 'tflisd.om- 6. Subcontractor's Contract Coordinator The Subcontractor's Contract Coordinator ("Authorized Representative") for this Agreement is listed below. Unless otherwise informed, any notice, report or other communication required by this Agreement will be mailed by first class mail and email to the Subcontractor's Contract Coordinator at the following address: Subcontractor's Authorized Representative Name: Address: Phone: Email: 2019-09-24 Agenda Packet, Page 163 of 203 Page 3 of 5 SUBCONTRACTOR AGREEMENT EXHIBIT 7. Effective Date Term of Agreement, and Deadlines A. This Agreement is effective June 1, 2019, upon approval by both the RTFH and the Subcontractor as listed on page one, lower left section, the Subcontractor Agreement, and signed by all parties. B. All HEAP" grant funds must be at Least 50 percent contractually obligated by January 111 2020. One hundred percent of the Program, funds must be upended by June 30, 2021. Any funds not upended by that date shall be returned to the RTFH and further returned to BCSH and will thea revert to the General Fund (See Health and Safety Code Section 50215). 8. Special Conditions The RTFH reserves the right to add any special conditions to this Agreement that the RTFH deems necessary to ensure the goals of the Program. are achieved, or if additional conditions or requirements are added by the State of CA. [Detailed Scope of work is on following page(s)] 2019-09-24 Agenda Packet, Page 164 of 203 Page 4 of 5 SUBCONTRACTOR AGREEMENT EXHIBIT Detailed Scope of Work. INSERT SCOPE OF WORK HERE 2019-09-24 Agenda Packet, Page 165 of 203 Page 5 of 5 SUBCONTRACTOR AGREEMENT EXHIBIT Detailed Scope of Work. INSERT SCOPE OF WORK HERE 2019-09-24 Agenda Packet, Page 166 of 203 Page I of 5 SUBCONTRACTOR AGREEMENT EXHIBIT B, Bud et Detail and Pa_ meat Provisions I. Bud e Detail The Subcontractor agrees that HEAP funds shall be expended on one-time uses that address immediate homelessness challenges. The RTFH will, authorize an advance of up to 20% of total funds prior to first billing. Full advance amount will be deducted from each quarterly billing as agreed upon by the RTFH and the Subcontractor. Consistent with the application submitted by the Subcontractor in March 2019, the RTFH shall award funds in the form of a grant for the following eligible activities.- A. Capital Improvements: $ 0 B. Services: Other than Homeless Youth Set-Aside $4521979 C. Rental Assistance or Subsidies: $ 0 D. Homeless Youth Set-Aside: $ 0 E. Other: $ 0 TOTAL HEAP AWARD AMOUNT: $4521979 [Detailed Budget breakdown is on following page(s)] Subcontractor's Initials 2019-09-24 Agenda Packet, Page 167 of 203 Page 2 of 5 SUBCONTRACTOR AGREEMENT XHIBIT B, Budget Detail Breakdown INSERT BUDGET MERE 2019-09-24 Agenda Packet, Page 168 of 203 Page 3 of 5 SUBCONTRACTOR AGREEMENT XHIBIT B, Budget Detail Breakdown INSERT BUDGET HERE 2019-09-24 Agenda Packet, Page 169 of 203 Page 4 of 5 SUBCONTRACTOR AGREEMENT EXHIBIT B, 2. General Condit*ons Prl*or to Dikbursement General, Requirements—All Subcontractors must submit the following forms prior to HEAP funds being released: A. Request for Funds Form (RFF) through Zoom-Grants; B. Three original copies of the signed Subcontractor Agreement and initialed Exhibits A through D; and C. Any other documents, certifications, or evidence requested by the RTFH as part of the HEAP application. 3. Expendikure of Funds, Specific requirements and deadlines for contractually obligating and expending awarded funds are defined in the HEAP statues. Health and Safety Code Sect ion,50214 and 50215 mandate the following: A. One hundred percent of HEAP funds shall be expended by May 31, 2020. B. Any funds not expended by May 31, 2020 may be included in the following years renewed budget should the option to renew be executed by both parties,but is not guaranteed. RTFH RFP mandates the following: A. No more than five (5),percent of the HEAP funds may be used for indirect costs related to the execution of eligible activities. The indirect cost rate will exclude Direct Client Financial Assistance or any other expenditure when necessary to avoid a serious inequity in the distribution of indirect costs. Exclusions include, but are not limited to: rental assistance, client flex funds, relocation, subcontract amounts or subrecipient contract amounts. The RTFR staff willprovide ongoing technical assistance and training to support the Subcontractors in successfully complying with these deadlines. Even if it is for an eligible use under the agreement, the RTFH HEAP funds may not be expended prior to June 1, 2019. The Program funds shall be expended in compliance with the requirements set forth in Chapter 5 of Part I of Division 31 of the Health and Safety Code and all-over relevant provisions established under SB 850, the HEAP RFP, and these contract terms and are eligible in your scope of work and budget of this Agreement. 4. Reimbursement of Funds The HEAP funds will be reimbursed to the Contractor upon receipt, review, and approval of the completed RFF by the RTFH for a check to be issued. The RFF must include the 2019-09-24 Agenda Packet, Page 170 of 203 Page 5 of 5 SUBCONTRACT AGREEMENT EXHIBIT B required documentation of activities and expenses of funds for expenditure under each eligible use in the approved budget. HEAP funds will,be reimbursed Quarterly. 5. Budget Chanes After the effective date of this Agreement, the Subcontractor agrees that no changes shall be made to the Subcontractor's HEAP budget, funded homeless service providers, or eligible activities listed in the RFS' without first obtaining written approval, from the RTFH. Any changes to this Agreement must be requested by the Subcontractor in writing. Changes must be approved in writing by the RTFH. 6. Ineligible Costs HEAP funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code Section 50214, the RTFH RFP, and are identified in your scope of work and budget of this agreement. The RTFH reserves the right to request additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with funds made available by this Agreement. If the Subcontractor or its funded subrecipients use HEAP funds to pay for ineligible activities, the Subcontractor shall be required to reimburse these funds to the RTFH. A. An expenditure which is not authorized by this Agreement, or which cannot be adequately documented, shall be disallowed. B. The RTFH, at its sole and reasonable discretion, shall make the final determination regarding the allowability of expenditures of HEAP funds. 2019-09-24 Agenda Packet, Page 171 of 203 Page I of 11 SUBCONTRACTOR AGREEMENT EXHIBIT C Terms and Conditions Homeless Emergenc Aid Pro ram (HEAP) 1. Effective Date, Commencement of Work and Comp,leti*on Dates A. This Agreement is effective upon approval by the RTFH, which is indicated by the signature provided by the RTFH in the lower left-hand comer of page one of the Subcontractor Agreement, when signed by all parties. The Subcontractor agrees that the work shall be completed by the expenditure date specified in Exhibit A. B. The RTFH must contractually obligate no less than fifty percent of HEAP funds by January 1, 2020. One hundred percent of HEAP funds shall be expended by the RTFH by June 30, 2021. Any funds not expended by June 30, 2021 shall be returned to BOSH and revert to the General Fund. "Obligate" means that the RTFH has placed orders, awarded contracts, received services, or entered similar transactions that require payment from the Grant amount. 'A'Expended" means all HEAP funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding. C. The Subcontractor agrees that the work shall be completed by the expiration date specified in Exhibit A. Paragraph 6 and that the Scope of Work will be provided for the full term of this Agreement 2. Termination and Closeout A. The RTFH may terminate this Agreement at any time for cause by giving a minimum of 30 days' notice of termination, in writing, to the Subcontractor. Cause shall consist of: violations of any terms or conditions of this Agreement, or any breach of contract as described in Paragraph 7; violation of any Federal or State Laws or Regulations; or withdrawal of the RTFH's expenditure authority. Upon termination of this Agreement,unless otherwise approved in writing by the RTFH, any unexpended funds received by the Subcontractor shall be returned to the RTFH within thirty days of the Notice of Termination. B. This Agreement is subject to any additional.restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal, or State of California governments, which may affect the provisions, terms, or funding of this Agreement in any manner. 2019-09-24 Agenda Packet, Page 172 of 203 Page 2 of 11 SUBCONTRACTOR AGREEMENT EXHIBIT C C. Closeout will occur upon termination of this Agreement, in whole or in part for any reason including completion of the project, the following provisions may apply: 1. Disposition of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the RTFH); 2. The Subcontractor shall submit within thirty (30) days after the date of expiration of this Agreement, all financial, performance and other reports required by this Agreement, and in addition, will cooperate in a program monitoring visit by the RTF H or its designee; and 3. Closeout of funds will not occur unless all requirements are met and all outstanding issues with the Subcontractor have been resolved to the satisfaction of the RT H. The Subcontractors obligation to the RT elm shall not end until. all closeout requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the RTFH), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Grantee has control over HEAP funds, including program income. 3. Transfers The Subcontractor may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except with the prior written approval of the RTF H and a formal amendment to this Agreement to affect such subcontract or novation. 4�. Subcontractor'splic Ap at*on for Funds . i The Subcontractor has submitted to the RTFH an application for HEAP funds to provide urgently needed emergency assistance to homeless people in, communities with a declared shelter crisis or applicable waiver as authorized by Health and Safety Code Section 50212(b). The Subcontractor is entering into this Agreement on the basis of, and in substantialreliance upon, the Subcontractor's facts, information, assertions and representations contained in that Application, and in any subsequent modifications or additions thereto approved by the RTFH. The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement. The Subcontractor warrants that all information, facts, assertions and representations contained in the Application and approved modifications and additions thereto are true, 2019-09-24 Agenda Packet, Page 173 of 203 Page 3 of 11 SUBCONTRACTOR AGREEMENT EXHIBIT C correct, and complete to the best of the Subcontractor's knowledge. In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect the RTFH approval, reimbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then RTFH may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof. 5. Administrative Requirement for Financial Management A. Accounting Standards: The Grantee agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles: The Grantee shall administer its program in conformance with 2 CFR 200 as applicable. These principles shall be applied for all costs incurred whether charged on, a direct or indirect basis. 6. Reportini!/Audits A. The Subcontractor shall submit Quarterly reports, first quarterly report due Sept 1, 2019 and quarterly thereafter; and an annual report to RTFH on forms provided by RTFH, by December 15, 2019 and December 1,5, 2020. If the Subcontractor fails to provide such documentation, RTFH may disencumber any portion of the amount authorized by this Agreement with a 14-day written notification. The Subcontractor shall also submit a final report by September 15, 2021. B. The Quarterly reports and annual reports shall contain a detailed report containing the following: 1. Amount of award with activity(ies); 2. Contract expenditures; 3. Unduplicated number of homeless persons or persons at imminent risk of homelessness served; 4. Number of instances of service (defined in September 5, 2018 HEAP NOFA); 5. Increases in capacity for new and existing programs. 6. The number of unsheltered homeless persons becoming sheltered; and 7. The number of homeless persons entering permanent housing. (May be reflected using a completed Logic Model) Breakdowns will, be expected for each activity (i.e. services, capital improvements, rental. assistance, etc.) and program type (i.e. emergency shelter, rapid re-housing, outreach, etc.) for the supplemental reporting requirements listed above when applicable. The 2019-09-24 Agenda Packet, Page 174 of 203 Page 4 of 1.1. SUBCONTRACTOR AGREEMENT XHIBIT C same information will also be requested specifically for the following subpopulations, based on priorities defined by the U. S. Department of Housing and Urban .Development (HUD): 1. Chronically homeless 2. Homeless veterans 3. Unaccompanied homeless youth . Homeless persons in families with children Counts by subpopulation will not be required in cases where that information is unavailable, but it is expected in cases where client information is entered in a Homeless Management System (HMIS). Additional breakdowns for other subgroups e.g. rase, ethnicity, disability status, etc.) are optional, if the Subcontractor chooses to include them. The Subcontractor will also be asked to comment on the following: 1. progress made toward local homelessness goals; 2. The alignment between HEAP funding programs and"Housing First"principles adopted by the Homeless Coordinating and Financing Council; 3. Major Accomplishments and Success Stories; and . Any other effects from HEAP funding that the Subcontractor would like to share (optional). C. The RTFH reserves the right to perform or cause to be performed a financial audit. At the request of the RTFH, the Subcontractor shall provide, at its own expense, a financial audit prepared by a certified public accountant. HEAP administrative funds may be used to fund this expense. 1. if a financial. audit is required by the RTFH, the audit shall be performed by an independent certified public accountant. 2. The Subcontractor shall notify the RTFH of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by the RTFH to the independent auditor's working papers. 3. The Subcontractor is responsible for the completion of audits and all costs of preparing audits. . If there are audit findings, the Subcontractor must submit a detailed response acceptable to the RTFH for each audit fi'n'ding within 90 days from the date of the audit finding.. 2019-09-24 Agenda Packet, Page 1.75 of 203 Page 5 of 11 SUBCONTRACTOR AGREEMENT EXHIBIT C 7. Retention and Ins ecti*on of Records, A. The Subcontractor agrees that the RTFH or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement. The Subcontractor agrees to provide the RTFH or its designee with any relevant information requested. The Subcontractor agrees to permit the RTFH or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other materials that may be relevant to a matter under investigation for the purpose of determining compliance with the Chapter 5 of Part I of Division 31 of the Health and Safety Code, along with all other applicable requirements established under SB 850, HEAP program guidance document published on the website, and this Agreement. B. The Subcontractor further agrees to retain all records described in Paragraph A for a minimum period of five (5), years after the termination of this Agreement. 1. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. 8. Breach and Remedies A. The following shall each constitute a breach of this Agreement: 1. The Subcontractor's failure to comply with the terms or conditions of this Agreement; 2. Use of, or permitting the use of, HEAP funds provided under this Agreement for any ineligible activities; and 3. Any failure to comply with the deadlines set forth in this Agreement. B. In addition to any other remedies that may be available to the RTFH in law or equity for breach of this Agreement, the RTFH may: 1. Bar the Subcontractor from applying for future HEAP funds; 2. Revoke any other existing HEAP award(s) to the Subcontractor; 3. Require the return of any unexpected HEAP funds disbursed under this Agreement; 4. Require repayment of HEAP funds disbursed and expended under this Agreement; 2019-09-24 Agenda Packet, Page 176 of 203 Page 6 of 11 SUBCONTRACTOR AGREEMENT EXHIBIT C 5. Require the immediate return to the RTFH of all funds derived from the use of REAP funds includin but not limited to recapture funds and returned funds; 91 1 6. Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with HEAP requirements; and 7. Seek such other remedies as may be available under this Agreement or any law. C. All remedies available to the RT'FH are cumulative and not exclusive. D. The RTFH may give written notice to the Subcontractor to cure the breach or violation within a period of not less than 30 days. 9. Waivers, No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the RTF H to enforce at any time the provisions of this Agreement., or to require at any time the performance by the Subcontractor of these provisions, shall in no way be construed to be a waiver of such provisions, nor to affect the validity of this Agreement or the right of the RTFH to enforce these provisions. 10. Nondiscr1*m1*nati*on During theperformance of this Agreement, the Subcontractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital. status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. The Subcontractors and its subcontractors shall ensure that the elevation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Subcontractor or its subcontractors shall, comply with. the provisions of the Fair Employment and Housing Act (Government Code section 12990 (af) et seq.) and the applicable regulations promulgated thereunder(California Code of Regulations, Title 2, section 7285 et seq.). The applicable regulations of the Fair Emptoym,ent and Housing Commission implementing Government Code section, 12900 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Subcontractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 2019-09-24 Agenda Packet, Page 177 of 203 Page 7 of 11 SUBCONTRACTOR AGREEMENT EXHIBIT C 11. Conflict of Interest All participants are subject to State and Federal conflict of interest laws, in addition to the RTFH Policy on conflicts of interest. Failure to comply with these laws,, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and 87100, Public Contract Code sections 10410 and 10411. A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial, interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services. B. Former State Employees-. For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which be or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left the State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. C. Employees of the Subcontractor: Employees of the Subcontractor shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to, any applicable conflict of interest provisions of the California Political. Reform Act, Government Code section 87 100 et seq. 12. Drug-Free Workplace Certification Certification of Compliance: By signing this Agreement, the Subcontractor, and its subcontractors, hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Government Code 8350 et seq) and have or will provide a drug-free workplace by taking the following actions: 2019-09-24 Agenda Packet, Page 178 of 203 Page 8 of 11 SUBCONTRACTOR AGREEMENT EXHIBIT C A. Publish a statement notifying employees and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section (8355(a)(1)�. B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355(a)(2) to inform employees, contractors, or subcontractors about all of the following: 1. The dangers of drug abuse in the workplace; 2. The Subcontractor's policy of maintaining a drug-free workplace; 3. Any available counseling, rehabilitation, and employee assistance programs; and 4. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations. C. Provide, as required by Government Code section 8355(a)(3), that every employee and/or subcontractor who works under this Agreement.- 1. Will receive a copy of the Subcontractor's drug-free policy statement, and 2. Will agree to abide by terms of the Subcontractor's condition of employment or subcontract. 13. Child Support Compliance Act For any Contract or Subcontract Agreement in excess of$100,000, the Subcontractor acknowledges in accordance with Public Contract Code 7110, that: A. The Subcontractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division, 9 of the Family Code; and B. To the best of its knowledge, the Subcontractor in, full, compliance with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 1 . Special Conditions—Contractors/Subcontractor The Subcontractor agrees to comply with all conditions of this Agreement including the Special, Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of 2019-09-24 Agenda Packet, Page 17)of 203 Page 9 of 11 SUBCONTRACTOR AGREEMENT EXHIBIT C the RTF H prior to the disbursement of funds. The Subcontractor shall ensure that all of its subcontractors are made aware of and agree to comply with all, the conditions of this Agreement and the applicable State requirements governing the use of REAP funds. Failure to comply with these conditions may results in termination of this Agreement. A. The Agreement between the RTFH and the Subcontractor and any of its subcontractors shall require the Subcontractor and its subcontractors, if any, to: 1. Perform the work in accordance with Federal, State and Local housing and building codes, and Board-adopted RTFH policy, as applicable. 2. Maintain at least the minimum State-required worker's compensation for those employees who will perform the work or any part of it. 3. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Subcontractor or any of its subcontractors in performing the Work or any part of it. 4. Agree to include all the terms of this Agreement in each subcontract. 15. Compliance with State and Federal Laws, Ru es, Guidelines end Rej!ulations The Subcontractor agrees to comply with State and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equalopportunity, fair housing, HIPAA and other confidentiality requirements with regard to expectation of privacy, and all other matters applicable and/or related to the REAP program,, the Subcontractor, its subcontractors and all. eligible activities. The Subcontractor shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. The Subcontractor shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work. This includes,, but is not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Subcontractor shall,provide copies of permits and approvals to the RTFH upon request. 16. Inspections A. The Subcontractor shall inspect any work performed hereunder to ensure that the work is and will be performed in accordance with the applicable Federal, State and/or local requirements, and this Agreement. 2019-09-24 Agenda Packet, Page 18,0 of 203 Page 10 of 11 SUBCONTRACTOR AGREEMENT EXHIBIT C B. The RTFH reserves the right to inspect any work performed hereunder to ensure that the work is and will,be performed in accordance with the applicable Federal, State and/or local requirements, and this Agreement. C. used on such inspections, the Subcontractor agrees to require that all work determined not to conform to the applicable requirements be corrected and to withhold payments to the subrecipients or subcontractor until it is corrected. 17. Liffigati"on A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the RTFH, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable. B. The Subcontractor shall notify the RTFH immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or the RTFH, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the RT'FH. C. This Agreement shall be interpreted under the laws of the State of California. Venue for any litigation involving the RTFH or this Agreement shall be the County of San Diego. 18. Indemnification Except to the extent resulting from RTFR's gross negligence or willful misconduct in connection with RTFH's performing its obligations under this Agreement, Subcontractor shallindemnify, defend, save, and hold harmless the RT'FH, its officers, Boardmembers, employees, and affiliates, its member agencies and their officers, Boardmembers, employees and affiliates (collectively the "Indem,nified Parties") fromand against any and all demands, costs, claims, causes of action, suits, fines, penalties, injuries, damages, including without limitation, personal injury damage (including death), damage to property, and any and all, sums paid for settlement of claims, losses, liabilities (including,but not limited to, strict liability),judgments, and expenses (including, without limitation, reasonable attorneys' fees and expenses, filing and other court costs, consultant fees, and expert fees) incurred in connection with or arising from, in any way: (1) this Agreement or Scope of Work; (2) any acts, omissions, or negligence of Subcontractor; or, (3) any claim of any beneficiary or employee of Subcontractor, including claims alleging breach or violation, of such person's civil or legal rights. The foregoing indemnities shall survive the termination of the Agreement. If any action or proceeding is brought against indemnified Parties by reason of 2019-09-24 Agenda Packet, Page 18,1 of 203 Page It of 11 SUBCONTRACTOR AGREEMENT EXHIBIT C any such indemnified claim as set forth above, Subcontractor, upon notice from RTFH, will defend the claim, at Subcontractor"s sole cost with counsel reasonably satisfactory to RTFH. If RTFH reasonably determines that Indemnified Parties' interests in any such action or proceeding are not substantially the same as Subcontractor's, and that Subcontractor's counsel cannot adequately represent the interests of Indemnified Parties with respect to such indemnified claim, as set forth. above, RTF H shall have the right to hire separate counsel. in any such action or proceeding and the costs and expenses thereof, including all attorneys' fees and expenses, shall.be paid for by Subcontractor. 2019-09-24 Agenda Packet, Page 18,2 of 203 Page 1 of SUBCONTRACTOR AGREEMENT EXHIBIT I SPECIAL TERMS AND CONDITIONS Homeless Emer enc Aid.Pro, ram HEAP 1. .Any housing-related activities funded with.HEAP funds, including but not limited to, emergency shelter, rapid-rehousing, rental assistance, transitional.:housing and pen-anent supportive housing, must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institution Code Section 255(b , and participate in the CoC's Coordinated Entry System. 2. All Subcontractors and their subrecipients are required to use the Homeless Management Information System "HMIS") to record client-level and programmatic data associated with tb i s HEAP contract. 3. The Subcontractor agrees to allow the R.TFH access to create and pull reports from the RMIS data collected and entered into theSubcontractor's HMIS programa, and to participate in any statewide initiative as directed by the R.TFH including, but not Limited to, a statewide +data integration environment. �. .All Subcontractors and the su.brecipi nts will participate in Learning Collaboratives and trainings on :Best practices associated with their respective programs (Diversion, Prevention, Rapid Fie-housing, etc.) funded by HEAP and will foster coordination and collaboration with all regional.partners and their communities. 5. .All Outreach workers funded by HEAP are required to participate in the Point-in-Time Count activities andartici ate in p p .Regional Homeless Outreach Meeting R-. coordinated with the County of San.Diego. . All Subcontractors and their subrecipients will require State :prevailing Wage for any HEAP funded capital improvement activities. 7. All Subcontractors and their subrecipients will require that HEAP funded placed based rental assistance or subsidies and capital improvement activities are limited to use within jurisdictions that declared a Shelter Crisis. The following jurisdictions declared a Shelter Crisis: a. County of San Diego b. City of Oceanside c. City of El Cajon d. City of Encinitas e. City of:Escondido f. City of Chula Nista g. City of National City h. City of San Diego i. City of La Mesa 2019-09-24 Agenda Packet, Page 183 of 203 Page I of 2 SUBCONTRACTOR AGREEMENT EXHIBIT D j. City of Lemon Grove k. City of Santee 1. City of DI el Mar m. City of Imperial. Beach 2019-09-24 Agenda Packet, Page 18,4 of 203 CITY OF CHULA VISTA AND CITY OF NATIONAL CITY CON T"1 PROVIDER SERVICES AGREEMENT WITH ALPHA PROJECT This Agreement is entered into effective as of September 24, 2019 ("Effective Date")l by and between the City of Chula Vista, a chartered municipal corporation, ("City") and the City of National City, a General Law City, ("National, City") and Alpha Project ( "Contractor/Service Provider") (collectively, the "Parties" and, individually, a "Party") with reference to the following facts: RECITALS WHEREAS, the City of Chula Vista, National City, and Alpha Project partnered to submit a Homeless Emergency Aid Programing("-HEAP")funding application with the Regional Task Force for Homeless("RTFH") to provide services to address homelessness; and WHEREAS, the application for HEAP was approved by the RFTH, but for an amount lower than requested, with the City of Chula Vista acting as the funding "pass through" entity under the terms of a subrecipient agreement with RFTH (Agreement No. HEAP 2019-CVO1); and WHEREAS THE City,National City, and Alpha Pro ect desire to implement the programs/projects to be I j funded by the HEAP grant,, with the services required tp, be provided by Contractor/Service Provider under this agreement split equally between City and National City; and WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with the time frames and the terms and conditions of this Agreement. [End. of Recitals. Next Page Starts Obligatory Provisions.] Cit;of Chula Vista Agreement No.: 19105 Consultant Name:�Alpha Proiec� Rev. 10'/24/17 2019-09-24 Agenda Packet, Page 18,5 of 203 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration,, the receipt and sufficiency of wbicb the Parties hereby acknowledge, City, National City, and Contractor/Service Provider hereby agree as follows: 1. SERVICES 1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City and National City the "Deliverables" if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the "Required Services." 1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service provider, from time to time,reduce the Required Services to be performed by the Contractor/Service Provider under this Agreement. Upon doing so, City, and Contractor/Service Provider, as applicable, agree to meet and confer in,good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City's Charter, codes., policies, procedures and ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider provide additional services related to the Required Services ("Additional Services"). If so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall, be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, "Additional Services" shall also become "Required Services" for purposes of this Agreement. 1.4. Reduction in Scope of Work/Additional Services. Should National, City desire a reduction in,the Scope of Work or wish to add Additional Services, the City and Alpha Project agree to meet and confer in good faith to negotiate an. Amendment of this agreement to add or reduce services under this Agreement. 1.5 '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. 1.6 No Waiver of Standard of Care. Where approval.by City or National.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. 1.7 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Contractor/Service Provider to provide additional security for performance of its duties under this Agreement, Contractor/Service Provider shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney for the City of Chula Vista. Cit;of Chula Vista Agreement No.: 19105 Consultant Name:�Alpha Proiec� Rev. 10/24/17 2019-09-24 Agenda Packet, Page 18,6 of 203 1.8 Compliance with Laws. In its performance of the Required Services, Contractor Service Provider shall, comp,ly with any and all applicable federal, state and local. laws, including the Chula Vista Municipal Code and the National City Municipal Code. 1.9 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain business licenses from City and National. City. 1.10 ,Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City's and National 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. 1.11 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Contractor/Service Provider's commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder;provided,however,provisions which expressly survive termination shall remain in effect. 1.11 R.TFH Agreement. This Agreement is subject to the terms of the related subrecipient agreement with RH (Agreement No. HEAP 2019-CV 01; referred to as "Subrecipient Agreement") which is hereby fully incorporated by reference into this Agreement. In the event of any conflict of terms between this Agreement and the Subrecipient Agreement, the S,ubrecipient Agreement shall govern. 2. COMPENSATION 2.1 'General. For satisfactory performance of the Required Services, City, as the fiscal agent pursuant to HEAP agreement number HEAP 2019-CV01, 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 Inv Contractor/Service Provider agrees to provide City with a detailed invoice for services performed each month, within thirty (3 0) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Contractor/Service Provider must obtain prior written authorization, from City for any fees or expenses that exceed the estimated budget. 2.3 lea ment 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 to the Satisfaction of City and National City, City shall pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in C. it;of Chula Vista Agreement No.: 19105 Consultant Name:�Alpha Proiec� Rev. 10/24/17 2019-09-24 Agenda Packet, Page 18,7 of 203 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. Polky. City shall retain ten percent(1,0%)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. 1 2.6 Exc I iusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s)provided for in Exhibit A. City shall, also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its agents, employees, or subcontractors. 2.7 Payment Not Final. Approval,. Contractor/Service Provider understands and agrees that payment to the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation. by Contractor/Service Provider of the terms of this Agreement. If City determines that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will notify Contractor/Service Provider in writing and Contractor/Service Provider shall, promptly return such amount. 3. INSURANCE 3.1 R,e uired 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 ?11 Cit;of Chula Vista Agreement No.: 19105 Consultant Name:�Alpha Proiec� Rev. 10/24/17 2019-09-24 Agenda Packet, Page 18,8 of 203 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 and National City, including their 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 LiabilityCovera e to be "Prim,ary.." Contractor/Service Provider's general liability coverage must be primary insurance as it pertains to City and National.City, their officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City or National City, their 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. 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 City and National 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 and National City for each Required Insurance policy under this Agreement. In addition, Contractor/Service Provider waives any right it may have or may obtain to subrogation for a claim, against City and National City. 3.9 Verification of Covera e. Prior to commencement of any work, Contractor Service Provider shall furnish City and National City with original, certificates of insurance and any amendatory endorsements necessary to demonstrate to City and National City that Contractor/Service Provider has obtained the Required Insurance in compliance with. the terms of this Agreement. The words "willendeavor" 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 and National City reserve 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 Folic yRequirements. 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 'I Cit;of Chula Vista Agreement No.: 19105 Consultant Name:�Alpha Projec� Rev. 10/24/17 2019-09-24 Agenda Packet, Page 18,9 of 203 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 roust be submitted to the City for review. 3.11 Not a .Limitation of Other Obligations. Insurance provisions under this section sball not be construe to limit the Contractor/Service Provider's obligations under this Agreement, including Indemnity. 3.12 Additional Covera e. 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. City of Chula Vista Agreement No.: 1910 Consultant Name:Alpha Prejec� Rev. 10/24/17 2019-09-24 Agenda Packet Page 190 of 203 4. INDEMNIFICATION .1. 'ieneral. To the maximum extent allowed by law, Contractor/Service Provider shall protect, defend, indemnify and bold harmless City and National City, their elected and appointed officers, agents, employees and volunteers (collectively, "Indemnified Parties" , from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys' fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful. misconduct of Contractor/Service Provider, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful. misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive n'egligen't 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. .2. Modified Indemnity Where Agreement ent Innvolves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. .3 Costs of Defense and Award. Included in Contractor/Service Provider's obligations under this Section. is Contractor/Service Provider's obligation to defend, at Contractor/Service Provider's own cast, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified.Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. .4. contractor/Service p'rovider's Obligations Not Limited or Modified. Contractor/Service Provider's obligations under this Section 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 p'rovider's obligations under this Section,4 shall in no way limit, modify or excuse any of Contractor/Service Provider's other obligations or duties under this Agreement. 4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City andNationalCity incur in enforcing Contractor/Service provider's obligations under this Section 4. . Survival.. Contractor/Service p'rovider's obligations under this Section 4 shall, survive the termination of this Agreement. 5. FINANCIAL INTERESTS of CONTRACT[RISERVICE PROVIDER. . .1 Form 700 Fil n . The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractor/Service :providers performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form Form 700). In order to assure compliance with these requirements, Contractor/Service Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. City of Chula Vista Agreement No.: 1910 Consultant Name:Alpha Prejec� Rev. 10/24/17 2019-09-24 Agenda Packet Page 191 of 203 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 b performing the Required Services, in any real property or project which is the subject of this Agreement. Contractor/Service :provider warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service :provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting From the award or making of this Agreement. Contractor/Service Provider further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in, the business of Contractor/Service Provider or Contractor/Service :provider's subcontractors. Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. .3 National +fit IRe uirements. National City may also require to Contractor/Service Provider to abide by the teras of this Section 5 by providing written notice to Contractor/Service Provider of such requirement. 60 REMEDIES .1 Termination for Cause. If for any reason whatsoever Contractor Service Provider shall a ai 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 `d efault")�, in. addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If Contractor/Service Provider notifies City of its intent to cure such :default prior to City's specified termination. date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider up to ten 10 additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any and all "Work product" (defined in Section. 7 below) prepared by Contractor/Service Provider as part of the Required Services. Such work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Contractor/Service provider may be entitled to compensation for work satisfactorily performed prior to Contractor/Service Provider's receipt of the Default notice; provided, however, in no event shall such compensation, exceed the amount that would have been payable under this agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result o the Default.. . Termination or Suspension for Convenience o.. 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. (1, 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 Secti.on.. 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 Wort Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily b Cit;of Chula Vista Agreement No.: 1910 Consultant Name:Alpha Prejec� Rev. 10/24/17 2019-09-24 Agenda Packet Page 192 of 203 performed as of the date of the termination/suspension notic plus any additional remaining eqit d Services requested or approved by City in advance that would maximize City's value under the Agreement. .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 against bath. the City and National City except as expressly provided in this Section 6.. .4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a clam has first been presented in writing and filed with. City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended,the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Contractor/Service :provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. This paragraph applies to National City if it is pursuing any suit or arbitration against City. In additional, this section: applies to Contractor/Service provider is pursuing an suit of arbitration against National City. . overnin Law Venue. This .Agreement shall e governed y and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall e brought only in San Diego County, State of California. 6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in. California. if Contractor/Service Provider is a foreign. corporation., limited liability company, or partnership that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents to service of process on Contractor/Service Provider by first class mail directed to the individual and address listed under"For Legal.Notice," in section I.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. u. 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 ofContractor/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 Word 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. . GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by all Parties. . Assignment. pity and uational pity would not have entered into this Agreement but for Contractor/Service Provider's unique qualifications and traits. Contractor/Service Provider shall not assign City of Chula Vista Agreement No.: 1910 Consultant Name:Alpha Prejec� Rev. 10/24/17 2019-09-24 Agenda Packet Page 193 of 203 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 Autbo . The person(s) executing this Agreement for Contractor/Service Provider warrants and represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind Contractor/Service Provider to its obligations hereunder without any further action, or direction from Contractor/Service Provider or any board, principle or officer thereof. 8.4 counter arts. This Agreement may be executed in counterparts, each of which shall be deemed an original,, but all of wbicb shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all, exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral, or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City and National City, including such records in the possession of sub-con.tractors/sub-Contractor/Servi ce 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 and National City a wholly independent contractor. Neither City and National City nor any of their 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 or National City, and none of them shall be entitled to any benefits to which City or National City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, neither City or National City will, withhold state or federal, income tax, social security tax or any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall, hold the City and National. 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 or National City. Contractor/Service Provider shall not incur or have the power to incur any debt, obligation or liability whatsoever against City or National City, or bind City or National City in any manner. ?11/4 Cit;of Chula Vista Agreement No.: 19105 Consultant Name:�Alpha Prloiec� Rev. 10/24/17 2019-09-24 Agenda Packet, Page 194 of 203 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. (End ofp a . Next page is signature page.) TI, City of Chula Vista Agreement No.: 19105 Consultant Name:�Alpha Prlojec� Rev. 10/24/17 2019-09-24 Agenda Packet Page 195 of 203 SIGNATURE PAGE CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City, National 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. ALPHA PROJECT BY: Bob McElroy, President and CEO CITY OF CHULA VISTA CITY OF NATIONAL CITY BY: BY: Gary Halbert, Brad Raulston Chula Vista City Manager National City City Manager ATTEST BY#- BY#- Kerry K. Bigelow, MMC Mike Dialla Chula Vista City Clerk National City City Clerk APPROVED AS TO FORM BY#- BY#- Glen R. Googins Angil, Morris-Jones, City Attorney City Attorney City of Chula Vista Agreement No.: 19105 Consultant Name:�Alpha Projec� Rev. 10/24/17 2019-09-24 Agenda Packet Page 196 of 203 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Angelica Davis, Sr Management Analyst 276 Fourth Avenue; Building C 619-691-5036 adavi.sgchulavistaca.gov For Legal. Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 9191 619-691-5037 i t AAttorpe ti)chu1avistaca.L)-()v And, City of National City City Attorney 1243 National City Blvd. National City, CA 91950-4301 619-336-4220 E-mail: B. Contractor/Service Provider Contract Administration: ALPHA PROJECT Amy Gonyeau, Chief Operating Officer 3737 5th Ave Ste 203, San Diego, CA 92103 619-542-1877 Amygalphaproject.org 2. Required Services A. General Description,: Contractor shall provide services to City and National City related to the Homeless Emergency Assistance Program including, but not limited to: outreach; case management; and, bousing navigation. The Required Services required under this Agreement are to be shared between the City and National City equally and consistent with the grant application and award. City and National City shall meet and confer in good faith, as needed, to ensure the required services are shared equally and consistent with. the grant application and award. B. Detailed Description.- Cit;of Chula Vista Agreement No.: 19105 Consultant Name:�Alpha Projec� Rev. 10/24/17 2019-09-24 Agenda Packet, Page 197 of 203 Task Description tion DeliverabNles Completion Date 1 Outreach Establish supportive 06/30/2020 relationships with approximately Soo persons to enhance the possibility that approximately participants w. access necessary services and supports that will help them move off the streets 2 Case Management Case Management of 06/30/2020 approximately 50 homeless individuals and families in. need of housing assistance 3 Housing Navigation Housing-focused Case 06/30/2020 Management and Supportive Services for approximately 50 homeless individuals (households) in need of housing assistance an housing stabilization services while they are successfully referred to, matched to, anal/or enrolled in permanent housing programs. 4 Hotel/Motel Voucher.Program provide 50 one-time 06/30/2020 assistance to fund security deposits anal/or short-term. rental assistance for bridge or temporary housing stays hotel/motel vouchers rental. subsidies. Tenant Based Rental Assistance provide 30 individuals or 06/30/2020 Program households) with permanent using rental subsidies 3. Tern: 1n accordance with Section l.10 of this Agreement,the term of this Agreement shall begin September 241 2019 and end on June 30, 2o20 for completion, of all .required Services. 4. Compensation: A. Form of Compensation. 1 Invoiced or agreed-upon amounts as follows.. Enter or Attach and.Reference Any Agreed-Upon Cost Reimbursements Expenses -Year 1 Alpha Project City of Chula Vista Agreement No.: 1910 Consultant Name:Alpha Prejec� Rev. 10/24/17 2019-09-24 Agenda Packet Page 198 of 203 �Personnel* $ 3401328-00 Hotel/Mother Vouchers $ 25,431.00 Office Supplies $41996-00 Insurance $ 105000.00 Building Lease $ 51500-00 Taxes, Licenses (HMIS), Fees $ 2P375.00 Equipment Rental $ 2P400.00 Professional Services-Audit, Legal $ 1 P500.00 Technology $ 6 300.00 Transportation/Travel $ 205500.00, Client Supplies $ 105000.00, Printing $ 1 X000-00 Total $14301330.00 Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through Enter End of Contract Date shall, not exceed Enter Amount. 5. Special Provisions: 173permitted Sub-Contractor/Service Providers: List Permitted Sub-Contractor/Service Providers or Indicate '*'None" ®Security for Performance.- See City Attorney or Indicate "None" if Not Applicable DNotwithstandim4 the completion date set forth in Section 3 above, City has option to extend this Agreement for e defined as a one-year increment or ,i Sj,� D�it "t" )��)Iicible .1 iisetl additional.terms, e c i''i e. J'' L , 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 N,114 C1111 C,t�,,", herein, provided that the amounts specified in Section 4 above may be increased by up to 111ser(I Pk,,�,, I of' hi(,,Ie,-ise or .A,ct],,ufl Do'114,1u- 'A',[Ti,()u i i t, for each extension. The City shall give Britten. 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. 0 Other: Describe Special, Provisions (Delete Line If Not Applicable) None Cit;of Chula Vista Agreement No.: 19105 Consultant Name:�Alpha Prlojec� Rev. 10'/24/17 2019-09-24 Agenda Packet, Page 199 of 203 EXHIBIT B INSURANCE REQUIREMENTS Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes W. Type of Insurance Minimum Amount Form General Liability: $2,000,000 per occurrence for Insurance Services Office Form Including products and bodily injury, personal injury CG 00 01 completed operations, (including death), and property personal and damage. If Commercial General advertising injury Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket Al Endorsement for City and National City* Waiver of Recovery Endorsement *Alfust be primary,and must not exelude ProduetslCompleted Operations Automobile Liability $1 000,000 per accident for bodily Insurance Services Office Form injury, including death, and CA 00 01 property damage Code 1-Any Auto Code 8-Hired Code 9-Non Owned Workers' $1 000,000 each accident Compensation E $1 000,000 disease policy limit mployer's Liability $1 000,000 disease each employee ff Cit;of Chula Vista Agreement No.: 19105 Consultant Name:�Alpha Proiec� Rev. 10/24/17 2019-09-24 Agenda Packet, Page 200 of 203 Waiver of Recovery Endorsement Other Negotiated Insurance Terms: "NONE" T? City of Chula Vista Agreement No.: 1'7 10 Consultant Name:�Alpha Prlojec� Rev. 10/24/17 2019-09-24 Agenda Packet Page 201 of 203 EXHIBIT C CONTRACT[RISERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION The Political deform ACt2 and the Chula Nista Conflict of Interest Code ("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 100 are also required to comply with. certain ethics training requirements.4 0 A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED' from. disclosure. 0 B. Contractor/Service :provider is NOT a corporation or limited liability company and disclosure designation. is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S))ASSIGNED TO PROVIDE SERVICE (Category descriptions available at wi4,�.c.. u a i, tal . r `d ar tme tsl it rc e (I interest-code) Name Email Address Applicable Designation Enter Name of Each Individual Enter email. address(es) DA. Full Disclosure Who Will Be Providing Service Under the Contract—If' iLimited Disclosure sclusure (select one or more of individuals have different the categories under-which the Contractor shall disclosure requirements, ;file) duplicate this row and complete separately.for each 01:. F�S. 0 3. F�4. 0 5. 0 6. F�7. individual Justification: FX. Excluded from Disclosure I.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 excludedfirom disclosure, based on an analysis of the services the 2 Cal. Gov. Code§§81000 et seq.;FPPC Regs. 18700.3 and 1.8704. 3 Chula Vista Municipal Code §§2.02.01,0-2.02.040. 4 Cal. Gov. Code §53234,et sect. 5 CA.FPPC Adv.A-1.5-1.47 (Chadwick)(2015);.Davis v. Fresno Unyied School.District(2015)237 Cal.App.4th 261, FPPC Reg. 18700.3 (Consultant defined as an"individual"who participates in making a governmental decision; `individual"does not include corporation or limited liability company)�. City of Chula Vista Agreement No.: 1910 Consultant Name:Alpha Prejec� Rev. 10/24/17 2019-09-24 Agenda Packet Page 202 of 203 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 t©contact the City Clerk at(619)691-504l., or the FPPC at 1- 66-ASIS-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: Enter CityStaff Person's Name City of Chula Vista Agreement No.: 19105 Consultant Name:�Alpha Projec� Rev. 10/24/17 2019-09-24 Agenda Packet Page 203 of 203