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Home My WebLink About2020-09-22 Agenda Packet I declare under penalty of perjury thatIam 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: 171 Signed ? cfly Or- CHULA VISTA Mary Casillas Salas, Mayor John McCann, Councilmember- District 1 Maria V. Kachadoorian, 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 22, 2020 5:00 PM Via Teleconference Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL PURSUANT TO THE GOVERNOR OF THE STATE OF CALIFORNIA'S EXECUTIVE ORDER N-29-20, AND IN THE INTEREST OF THE PUBLIC HEALTH AND SAFETY, MEMBERS OF THE CITY COUNCIL AND STAFF MAY PARTICIPATE IN THIS MEETING VIA TELECONFERENCE. IN ACCORDANCE WITH THE EXECUTIVE ORDER, THE PUBLIC MAY VIEW THE MEETING ON TELEVISION AND/OR ONLINE AND NOT IN THE COUNCIL CHAMBERS. HOW TO WATCH: Watch the meeting via livestream at https://chulavista.legistarcom/Calendar.aspx, on AT&T U-verse channel 99(throughout the County), and on Cox Cable channel 24(only in Chula Vista). Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels)and are archived on the City's website. HOW TO SUBMIT COMMENTS: Visit the online eComment portal for this meeting at: https://chulavista.legistarcom/Calendaraspx. The commenting period will be open shortly after the agenda is published will remain open through the meeting. All comments will be available to the public and the City Council using the eComment portal. Comments must be received prior to the time the Mayor calls for the close of the commenting period. Comments received after such time will not be considered by the City Council. If you have difficulty or are unable to submit a comment,please contact the City Clerk's Office at cityclerk@chulavistaca.gov or(619)691-5041. ACCESSIBILITY: Individuals with disabilities are invited to request modifications or accommodations in order to access and/or participate in a City meeting by contacting the City Clerk's Office at cityclerk@chulavistaca.gov or (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. ***The City of Chula Vista is relying on commercial technology to livestream and accept public comments via Granicus, Inc. With the increase of virtual meetings, most platforms are working to scale their systems to meet the new demand. If we have technical difficulties, we will resolve them as quickly as possible. City staff will take all possible measures to ensure a publicly accessible experience. *** City of Chula Vista Page 1 Printed on 911712020 City Council Agenda September 22,2020 CALL 'TCS ORDER ROLL CALL: L: Councilmembers Diaz, Galvez, McCann, Padilla and Mayor Casillas S la PLEDGE OF ALLEGIANCE TCS THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DA's'' A. 0-0377 UPDATE 0 COMMUNICATIONS ACTIVITIES IMPLEMENTED, DURING THE COVID-1 1 PANDEMIC FROM MARKETING AND COMM UNICAT'IONS MANAGER ANNE STEINBERGER CONSENT NT C AL.ENDAR (Items 1 .. 3 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 Irish to comment on one of these items, Cho so at https.-Ilchulavista.legistar.com/Calendar.aspx 1. 20-0399 RESOLUTION of THE CITY COUNCIL_ OF THE CITY of CHULA VISTA RATIFYING AND CONFIRMING EMERGENCY ORDER 002-20,20 (AMENDED SEPTEMBER 15, oo) of THE CHUB A VISTA [DIRECTOR of EMERGENCY SERVICES AFFIRMING AND ADOPTING COUNTY HEALTH ORDERS AS A CITY ORDER Department.: City Attorney & City Manager 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 1 o o(c)( ) no environmental review is required .Notwithstanding the foregoing, the ,activity also qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action. Council adopt the (resolution. 2. 20-0372 RESOLUTION of THE CITY COUNCIL IL O H CITY OF C HULA VISTA MODIFYING THE APPENDIX TO THE LOA CONFLICT OF INTEREST CODE TO AMEND THE LIST C O FICIAL., CANDIDATES AND DESIGNATED EMPLOYEES WHO ARE REQUIRED TO BILE PERIODIC STATEMENTS of ECONOMIC INTERESTS AND THE DISCLOSURE CATEGORIES FOR SAID FILERS Department: City Attorney& City Clerk City of Chula Vista Page 2 Printed on 9/7712020 2020-0,9-22 Agenda Packet Page 2 of 137 City Council Agenda September 22,2020 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 Guidlellin�es Section 150601(c)(3) no environmental review is required., Recommended Action: Coulnicil adopt the (resolution. 3. 120-0371 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING AN AGREEMENT WITH URBAN CORPS OF SAN DIEGO COUNTY FOR THE POLICE DEPARTMENT FIRST FLOOR RENOVATION PROJECT IN AN AMOUNT OF $135,737.95 Department: Police Department Environmental Notice: The Project qualifies, for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing) Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15303 class 3 (New Construction or Conversion of Small Structures). Recommended Action: Couln�cil adopt the (resolution. ITEMS REMOVED FROM 'THE CONSENT CALENDAR PUBLIC COMMENTS Persons commenting 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 If you wish to comment, you may do so at https.-Ilchula vista.legistar.com/Calendar.aspx 4. 20-0389 PUBLIC COMMENTS RECEIVED for September 22, 2020 PUBLIC HEARINGS The following item s, have been advertised as public hearing(s) as required by law. If you wish to comment on one of these items, you may do so at htips.-Ilchula vista.legistar.com/Calendar.aspx 5. 120-0330 CONSIDERATION OF ADOPTING AN ANNEXATION MAP SHOWING TERRITORY PROPOSED TO BE ANNEXED TO IMPROVEMENT AREA C OF COMMUNITY FACILITIES DISTRICT NO. 97-2 AND DECLARING INTENTION 'TO AUTHORIZE THE ANNEXATION City of Chula Vista Page 3 Printed on 911712020 2020-0,9-22 Agenda Packet Page 3 of 137 City Council Agenda September 22,2020 A. RESOLUTION of THE CITY COUNCIL of THE CITY OF' C ULA VISTA ADOPTING AN ANNEXATION MAP OWING TERRITORY P P SE TO BE ANNEXED T IMPROVEMENT AREA "C" OF COMMUNITY FACT ITIES [DISTRICT NO. 97- (PRESERVE MAINTENANCE DISTRICT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CH U LA VISA DECLARING ITS INTENTION To AUTHORIZE THE ANNEXATION F TERRITORY TO COMMUNITY F'ACILIT'IES DISTRICT NO. 97-2 (PRESERVE MAINTENANCEDISTRICT) AND IMPROVEMENT AREA 11C" THERETO Department: Development Services 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 Mate Cuidlellines Section 1506o(c)(3) no environmental review is required. Recommended Action: Council conduct the public hearing and adopt the resolutions. 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 comment on one of these items, you may do so at Mps. chulavi ta.legistar.com/Calendar.a px . 120-0390 RESOLUTION of THE CITY COUNCIL OF THC CITY of CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 201 l2o2o BUDGET TO ADJUST FOR. VARIANCES, AND APPROPRIATING FUNDS THEREFOR (415 VOTE REQUIRED) Department: Finance Department ,Environmental Notice: The activity is net a "Project" .as defined under Section 15378 of the California (Environmental Quality Act State Guidelines therefore, pursuant to Mate Guidelines Section 150601 c (3) no environmental reviewer is required. Recommended Action: Council adopt the (resolution. City of Chula Vista Page 4 Printed on 9/7712020 2020-0,9-22 Agenda Packet Page 4 of 137 City Council Agenda September 22,2020 7. 120-0401 PRESENTATION FROM STAFF REGARDING REGENT FEDERAL AL AND STATE C OVI D-19 EVICTION PROTECTION LAWS, AND REGULATIONS,NS, CITY COUNCIL CONSIDERATION SIDERATIC N OF ITS REMAINING OPTIONS TO EXTEND OR MODIFY CITY'S OWN CSC 'ID-19 EVICTION PROTECTIONS, AND POSSIBLE CITY COUNCIL DIRECTION T'G STAFF TO BRING BACK FOR CITY COUNCIL UNCOIL CSC NSI ERATIO ONE OR MORE SPECIFIC ICS ACTIONS TCS FURTHER PROTECT CITY RESIDENTIAL OR COMMERCIAL OWNERS ANDS/OR 'TENAN'TS FROM COVID-19 RELATED DISPLACEMENT OR HARDSHIP Department.: City Attorney Environmental Notice: 'The activity is not a `Project" as defined under Section 1537$ of the California (Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 1 0601(c)( ) no environmental review is required. Recommended Action: Council hear the presentation. CITY MANAGER'S REPORT'S MAYOR'S REPORTS COU N II EMBERS' COMMENTS CITY ATTORNEY'S REPORTS 8. 0-0388 ANNOUNCEMENT NT C F' UPCOMING TRAINING O THURSDAY, OCTOBER 1 2020, AT 5:00 P.M. ON THE TOPIC C OF CALIFORNIA'S OPEN MEETING LAWS AND ETHICS REQUIREMENTS AB1234): TRAINING AND DISCUSSIONS ON TRANSPARENCY AND GOOD CONDUCT DUCT F R PUBLIC OFFICIALS ADJOURNMENT to the regular City Council meeting on October 6, 2020, at .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,please contact the Office of the City r Clerk at cityclerk@chu'lavistaca.gcv or(619) 1-5941. Sign up at www.chulavistaca.gov to receive email notifications when City's Council agendas are published online. City of Chula Vista Page 5 Printed on 9/7712020 2020-0,9-22 Agenda Packet Page 5 of 137 zmr, ..' l v r r C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA IS e,ptember 2 2,,2 020 File ID: 20-0399 „MITI RESOLUTION of THE CITY COUNCIL OF THE CITY of CHULA VISTA RATIFYING AND CONFIRMING EMERGENCY ORDER 002-2020 (AMENDED SEPTEMBER 15, 2020) of THE CHDLA VISTA DIRECTOR of EMERGENCY SERVICES AFFIRMING AND ADOPTING COUNTY HEALTH ORDERS AS A CITY ORDER RECOMMENDEDT Council adopt the resolution. SUMMARY This proposed resolution ratifies and confirms amended Emergency order 002-2020 issued by the Chula Vista Director of Emergency Services on September 15, 2020 in accordance with Chula Vista Municipal Code section 2.14.080(F)(1)., The amended order adds a provision that makes any County Public Health official directive issued to a non-compliant Chula Vista business also a City directive that the City itself would then be in a legal position to enforce,locally,as it sees fit. ENVIRONMENTAL REVIEW The proposed resolution ratifying and confirming amended Emergency Order 002-2020 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 defied under, Section. 15378, of the state CEQA guidelines because it will not result in a physical change in the environment;therefore,pursuant to Section 15060(c)(3) of the State CEQA Guidelines,the activity is not subject to CE A. Notwithstanding the foregoing, it has also been determined that the activity qualifies for ars Exemption pursuant to Section 1.50 (b)(3) of the California Environmental Quality pct State guidelines.Thus,no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION On March 17, 2020,the Chula Nista City Council, pursuant to Resolution No. 2020-0615,adopted and ratified a Proclamation declaring a Local Emergency issued by the Chula. Vista Director of Emergency Services ("Emergency Director"). The Proclamation was issued as a result of the worldwide CO ID-1.9 pandemic, which continues to directly impact the State of California, Counter of San Diego,and City of Chula Vista. Since 1 . 0 0 1 P IiI 1 2020-0,9-22 Agenda Packet Page 6 of 137 March,the number of cases in the County of San Diego and particularly,the South Bay region that includes the City of Chula Vista, continues to rise. As of September 15, 20 0, the total number of County cases involving residents of Chula Vista stands at SY 437 persons, 12.7% of the County's total cases. During this unprecedented time,,the City remains committed to protecting the public health of the residents of and visitors to Chula Vista and to utilizing City resources to respond to the COVID-19 pandemic and its associated ongoing threat to public safety and well-being. Accordingly, the Emergency Director previously issued Emergency Order 002-2020,, which was ratified and confirmed by City Council on April 21, 2020. Emergency Order 002-2020 adopted the San Diego Health Officer's Order,, as it may be amended from time to time, as a City order so that violations of the order could be enforced using both state law and local law provisions., Since that time, the County has begun adopting an enforcement protocol that involves, in the case of non- compliant businesses with egregious violations,issuance of an individual order of the Health Officer directing that specific business to immediately close, perform certain actions, or comply with required conditions in order to control the spread of COVID-19. As a result,on September 15, 2020,the Emergency Director issued amended Emergency Order 002-2020,,which adds a provision adopting the County's individual Orders as a City order so that such individual orders may also be enforced using both state law and local law provisions. Pursuant to Chula Vista Municipal Code section 2.14.080(F)(1), rules and regulations issued by the Emergency Director must be confirmed by the City Council at the earliest practicable time. This item proposes and recommends the required City Council ratification. DECISION,MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal.Gov't Code§87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for decision-maker conflict of interest in this matter. CURREN"I'-YEAR FISCAL IMPACT The COVID-19 pandemic creates a wide range of potential fiscal impacts to, the City; however, the subject resolution to ratify and confirm Emergency Order 002-2020 is unlikely to, contribute in any significant way to such current-year fiscal impacts. Staff is evaluating the broader fiscal impact of the current public health crisis,and a comprehensive report will be presented to council in the future. ONGOING FISCAL IMPACT The COVID-19 pandemic creates a wide range of potential fiscal impacts to the City; however, the subject resolution to ratify and confirm Emergency Order 002-2020 is unlikely to contribute in any significant way to such ongoing fiscal impacts. Staff is evaluating the broader fiscal impact of the current public health crisis, and a comprehensive report will be presented to council in the future. P 2 2020-0,9-22 Agenda Packet Page 7 of 137 ATTAC14MENTS 1. Attachment A: Emergency Order No. 002-2,020 (Amended September 15, 2020) Staf`Contact:Maria V Kachadoor ian, City Manager; Glen R. Googins, City Attorney P 3 2020-0,9-22 Agenda Packet Page 8 of 137 RESOLUTION OF THE CITY COUNCIL OF THE TTY OF HU A VIS"T"A RATIFYING ANLL CONFIRMING EMERGENCY ORDER 002-2020 (AMENDED SEPTEMBER 15, 2020) OF THE U A VIS"T"A DIRECTOR OF EMERGENCY SERVICES AFFIRMING ANIS.ADOPTING COUNTY HEALTH ORDERS AS A CITY ORDER WHEREAS, a worldwide COVID-19 pandemic was declared by the World Health Organization on January 30, 2020, and on January 31, 2020, the Unitedfates Secretary of Health and Human Services also declared a Public Health Emergency as a result of the COVIl -19 virus; and EDEAS, various states of emergency were declared by the United States (March 13, 2020), the State of California (March 4, 2020), and the County of San Diego (February 19, 2020), because of the threat to public safety to persons and property including both physical and economic harm) as result of the COVID-19 virus; and WHEREAS, on March 12, 2020, pursuant to California health and Safety Code sections 1.01.040, 120175, and 1201.75,5 b) the Health. Officer of the County of San Diego ("Health Officer" issued an Order of the health Officer and Emergency Regulations (the "County Order") closing certain businesses, prohibiting certain public and private gatherings, and restricting other activities in San Diego County as a result of the COVID-19 virus pandemic; and WHEREAS, the County Health Officer has issued a series of amendments, and addendus to the County Order since March 12, 2020, the most recent of which was issued September 10, 2020; and WHEREAS, on March 13, 2020, due to the escalating cumber of COVIN-1 virus cases nationwide, with many cases in the State of California., the City of Chula Vista, Director of Emergency Services ("Emergency Director") issued a Proclamation declaring a Local Emergency, as authorized by Government Code section 8630 and Chula Vista Municipal Code "CVMC" Section 2.14.080(a), which was subsequently adopted and ratified by the Chula Vista City Council on March 17, 2020 pursuant to Resolution No. 2020-065 (collectively, the "Emergency Resolution"); and WHEREAS, pursuant to Health and Safety Code section 120175.5(b) and the County Order, all governmental entities in San Diego County shall tale :necessary measures within the governmental entity's control to ensure compliance with the County Order; and WHEREAS,, in accordance with Chula Nista Municipal. Code section. 2.1.4.080(x")(1) the Emergency Director recommended that the City Council affix and adopt the County Order as a local measure in order to protect the life and property of the Page I. of 2020-0,9-22 Agenda Packet Page 9 of 137 residents of Chula Vista affected by the emergency declared as a result of the COVID-19 virus; and WHEREAS, on March 17, 2020, the City Council adopted Emergency Ordinance No. 3484-A ("City Order"),, which affirmed and adopted the County Order as it existed on March 17, 2020 and authorized the Director to expand or amend the City Order to apply to additional businesses or circumstances pursuant to his or her independent judgment consistent with the authority provided in Chula Vista Municipal Code section 2.14.080(F)(1); and WHEREAS, on March 17, 2020� the Governor of California issued Executive Order N-29,-20 which ordered, among other things, that all requirements of the Bagley- Keene Act and the Brown Act requiring the physical presence of members, personnel, or the public, were waived, and that legislative bodies could hold meetings via teleconferencing ("State Order 29-20"); and WHEREAS, on March 191 2020, the Governor of California issued Executive Order N-33-20 which ordered, among other things, all Californians to stay at home, with limited exceptions ("State Order 33-20"'); and WHEREAS, the number of COVID-19 virus cases are increasing in both the State of California(https.//www.cdc.gov/media/releases/2020/s-0303-Additional- COVID-1.9-infections.html) and in the City of Chula Vista (htt s://vww.sa idie ocour t . ov/con.tent/dam/sdc/hhsa/ ro rams/ lis/E idemioI.o /C 0Ths/EpidemioIogy/C0 VID-1.9%2Ol ail %2O date City%20oP/o2OResidence.pdf); and WHEREAS, on April 9, 2020, the Emergency Director issued Emergency Order 002-2020, attached hereto as Attachment A, which affirmed and adopted the County Order, as that County Order may be from time to time updated and amended, as the Order and Emergency Regulations, of the City of Chula Vista; and WHEREAS, on April 21, 2020, the City Council ratified and confirmed Emergency Order 002-2020 of the Chula Vista Director of Emergency Services; and WHEREAS, the amended and addended County Order currently prohibits most gatherings of I or more people in any indoor or outdoor location, orders the closure of certain businesses, restricts groupings of children in child care facilities, requires the public to wear cloth face coverings in specified circumstances, and mandates that essential businesses prepare and post a "Social Distancing and Sanitation Protocol", among other things; and WHEREAS, the San Diego County Public Health Officer has, from time to time, issued an individual Order of the Health Officer ("Individual. County Orders") directing Page 2 of 3 2020-0,9-22 Agenda Packet Page 10 of 137 specific businesses to immediately , , with closeperform certain actionsor comply w' speci I conditions in order to control the spread of COVID-1 ; and WHEREAS, the Director anticipates that the Health Officer may issue additional amendments and addendums, to the County Order and may issue additional Individual County Orders at any time to address changing circumstances of the COVID-19 pandemic; and WHEREAS, on September 15, 2020, the Emergency Director issued amended Emergency Order 002-2020, attached hereto as Attachment A, which also affirmed and adopted the Individual County Orders, as such Orders may be from time to time issued, as the City Order, enforceable pursuant to local and state laws; and WHEREAS, as of the date of this order, the COVID-19 virus continues to represent a danger to the Chula Vista community to persons and property, including both physical and economic harm) requiring emergency action by the Emergency Director, as authorized by CVMC Section 2.14.080 [Director-Powers and Duties] and the Emergency Resolutions; WHEREAS, Chula Vista Municipal Code section 2.1.4.080 F 1) authorizes the Emergency Director to make and issue rules and regulations reasonably related to the protection of life and property, subject to confirmation of the City Council at the earliest practical time. NOW, THEREFORE, based on the facts and circumstances set forth above, the City Council of the City of Chula Vista hereby resolves as follows: 1. Emergency Order 020-2020 Amended on September 15, 2020 of the City of Chula Vista Director of Emergency Services, attached hereto as Attachment A, is hereby ratified and confirmed. Presented by Approved as, to form by Maria V. Kachadoorian. Glen R. Googins City Manager/Director of Emergency Services City Attorney Page 3 of 3 2020-0,9-22 Agenda Packet Page 1 I of 137 DocuSip Envelope ID:73284CBF-6CDC-46F8-88EO,-F6986D21E92D EMERGENCY ORDER [NO. 002-20201 AMENDED September 15, 2020 OF THE C ULA VISTA DIRECTOR OF EMERGENCY SERVICES WHEREAS, there exists a worldwide COVID-19 pandemic as declared by the World Health Organization on January 30, 2020. On January 31, 2020, the United States Secretary of Health and Human Services also declared a Public Health Emergency due to the COVID-19 virus; and WHEREAS, various states of emergency have been declared by the United States of America (March 13,, 2020), the State of California (March 4, 2020), and the County of San Diego (February 19, 2020) because of the threat to the safety of the public (to persons and property including both physical and economic harm) as result of the COVID-19 virus; and WHEREAS, on March 12, 2020, pursuant to California Health and Safety Code sections 1010401 1.201.75, and 120175.5 (b) the Health Officer of the County of San Diego ("Health Officer") issued an Order of the Health Officer and Emergency Regulations (the "County Order") closing certain businesses, prohibiting certain public and private gatherings, and restricting other activities in San Diego County as a result of the COVID-19 virus pandemic; and WHEREAS, on March 13, 2020, due to the escalating number of CC VID-19 virus cases nationwide, with many cases in the State of California, the City of Chula Vista Director of Emergency Services("Emergency Director") issued a Proclamation declaring a Local Emergency, as authorized by Government Code section 8630 and Chula Vista Municipal Code ("CVMC") Section 2.14.080 [Director—Powers and Duties],which was subsequently adopted and ratified by the Chula Vista City Council on March 17, 2020 pursuant to Resolution No. 2020-065 (collectively, the "Emergency Resolutions"); and WHEREAS,,on March 16, 2020 and March 17, 2020, the County Order was subsequently amended and addended by the Health Officer to include additional rules and restrictions in an effort to further promote public bealtb and safety; WHEREAS, pursuant to Health and Safety Code section 120175.5(b) and the County Order, all governmental entities in San Diego County shall take necessary measures within the governmental entity"s control to ensure compliance with the County Order; and WHEREAS, in accordance with Chula Vista Municipal Code section 2.14.080(F)(1) the Emergency Director recommended that the City Council affirm and adopt the County Order as a Page 1 of 3 2020-0,9-22 Agenda Packet Page 12 of 137 DocuSip Envelope ID:73284CBF-6CDC-46F8-88EO,-F6986D21E92D local measure in order to protect the life and property of the residents of Chula Vista affected by the emergency declared as a result of the COVID-19 virus-, and WHEREAS, on March 17, 2020, the City Council adopted Emergency Ordinance No�. 3484-A ("City Order"), which affirmed and adopted the County Order as it existed on March 17, 2020 and authorized the Director to expand or amend the City Order to apply to additional businesses or circumstances pursuant to his or her independent judgment consistent with the authority provided in Chula Vista Municipal Code section 2.14.080(F)(1); and WHEREAS S.on or about March 18,202 0,March 23,2020,March 29� 2020,April 2,2020, and April 3, 2020, and April 9,,, 2020 the County Health Officer issued a series of amendments and addendurns to the County Order, which most current Order is attached hereto and incorporated herein as Exhibit A; WHEREAS,the amended and addended County Order currently prohibits most gatherings of I or more people in any indoor or outdoor location, orders the closure of certain businesses, restrictsgroupings of children in child care facilities, requires the public to wear cloth face coverings in specified circumstances, and mandates that essential businesses prepare and post a "Social Distancing and Sanitation Protocol", among other things; and WHEREAS,the San Diego County Public Health Officer has, from time to time, issued an individual Order of the Health Officer directing specific businesses to immediately close, perform certain actions, or comply with conditions in order to control the spread of COVID-19; and WHEREAS, the Director anticipates that the Health Officer may issue additional amendments and addendums to the County Order and may issue additional individual Orders at any time to address changing circumstances of the COVID-19 pandemic; and WHEREAS, as of the date of this order, the COVID-19 virus continues to represent a danger to the Chula Vista community (to persons and property, including both physical and economic harm)requiring emergency action by the Emergency Director,, as authorized by CVMC Section 2.14.080 [Director-Powers and Duties] and the Emergency Resolutions; WHEREAS, with this City Order, the Director is hereby exercising their independent judgment to make and issue rules, and regulations reasonably related to the protection of life and property,pursuant to Chula Vista Municipal Code section 2.24.01801.(F)(1), subject to confirmation of the City Council at the earliest practical time, to ensure that the City Order is substantively consistent and current with the County Order and any individual Orders issued by the San Diego County Public Health Officer, as those orders may from time to time be issued, amended, and addended, and to promote compliance with and facilitate enforcement of the City Order for the protection of the public health and safety and life and property of the residents of, and visitors to, Chula Vista. Page 2 of 3 2020-0,9-22 Agenda Packet Page 13 of 137 DocuSip Envelope ID:73284CBF-6CDC-46F8-88EO,-F6986D21E92D NOW'THEREFORE the Director of Emergency Services of City of Chula Vista does order as follows: IT IS HEREBY ORDERED THAT: 1. The Order of the Health Officer and Emergency Regulations (Effective April 9', 2020) issued by Wilma J. Wooten,M.D.,M.P.H.,the County of San Diego Public Health Officer, as that Order may be from time to time be updated and amended ("County Order"), is hereby affirmed and adopted as the Order and Emergency Regulations of the City of Chula Vista ("City Order"). As of the date of this City Order, the current form of the County Order, effective September 10, 2020, is attached hereto as Exhibit A and incorporated herein by this reference. Any subsequent updates or amendments to the County Order may be found at httos://www.sandieaocountv.,aov/hhsa,/Proarams/phs/.In addition, any Order of the Health Officer issued by the County of San Diego Public Health Officer and directed to an individual business, as such Orders may be from time to time issued ("Individual County Orders") ("County Order"and"Individual County Orders"collectively,"County Orders"), are also hereby affirmed and adopted as the City Order. 2. This City Order originally went into effect at 12:00 a.m. on April 10, 2020. This amended City Order shall go to into effect at 12:00 a.m. on September 16, 2020, and shall remain in effect throughout the duration of the County Orders, including any County extensions thereof. The City Order may be further extended or sooner terminated by the Emergency Director or the Chula Vista City Council. 3. This City Order is not limited to the County Orders, and may be expanded or amended to apply to additional businesses or circumstances pursuant to the independent judgment of the Chula Vista Director of Emergency Services, consistent with their authority to make and issue rules and regulations reasonably related to the protection of life and property. This City Order shall be presented to the City Council for confirmation as provided in Chula Vista Municipal Code section 2.14.080. 4. Violations of the City Order shall be enforceable to the maximum extent authorized by law, including without limitation, as set forth in Chula Vista Municipal Code sections 1.20.010(A) and 2.14.140 and Health and Safety Code section 120295. IT IS, SO ORDERED. Approved as to form by: DocuiSigned by: e—DocuSigned by: F4 B BKABC5014CO... CF40650850444BF.., Maria V. Kachadoorian Glen R. Googins City Manager/ City Attorney Director of Emergency Services Page 3 of 3 2020-0,9-22 Agenda Packet Page 14 of 137 EXHIBIT A Is 41111% b U 9aN" h eX r HEALTH AND HUMAN SERVICES AGENCY PUBLIC HEALTH SERVICES ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS (Effective September 10, 2020 Pursuant to California Health and Safety Code sections 1010 0, 120175, and 120175.5 b the Health officer of the County of San Diego Health Officer) ORDERS AS FOLLOWS: Effective 12:01 a.m. on Thursday, September 10, 2020 and continuing until further notice, the following will be in effect for San Diego County county): 1. All persons are to remain in their homes or at their place of residence, except for employees or customers traveling to and from essential businesses or reopened businesses as defined i sections 10 and 11, below, or to participate in individual or family outdoor activity as allowed by this order. . All public or private "gatherings," as defined in section 15 below, are prohibited. 3. All public, charter, and private schools may hold classes and other school activities only under circumstances permitted by the State and in compliance with the COVID-19 Industry Guidance: Schools and School - Based Programs., and as may be updated or superseded by further State guidance. Institutions of higher education may held classes or other school. activities only under circumstances permitted by the State and in compliance with the COVII — 19 Industry Guidance: Institutions of Higher Education and as maybe updated or superseded by further State guidance. A written, worksite-specific COVII -19 prevention plan as stated in their applicable state guidance may be used by schools and institutions of higher education in lieu of a Social Distancing and Sanitation Protocol or Safe Reopening flan. . Child daycare and child care providers shall operate in compliance with the measures set forth in State COVIN-19 . dated guidance: Child Care Programs and Providers and shall prepare and post a Safe Reopening flan pursuant to section 11 c, below. 2020-0,9-22 Agenda Packet Page 15 of 137 5. "Non-essential personnel," as defined in section 15b below, are prohibited from entry into any hospital or long-term care facility. All essential personnel who are COVID-19 positive or show any potential signs or symptoms of COVIN-1 9 are strictly prohibited from entry into hospitals or long-term care facilities. Notwithstanding the foregoing, individuals requiring medical care for COVID-19 or related conditions may be admitted to hospitals or other medical facilities if the hospital or medical facility is appropriate for treating COVID-19 and has adequate precautions in place to protect its patients, medical personnel and staff. 6. Hospitals and healthcare roviders,, including dentists shall: a. Take measures to preserve and prioritize resources; and, b. May authorize and perform non-emergent or elective surgeries or procedures based on their determination of clinical need and supply capacity, and where consistent with State guidance. c. Nothing in this Order shall prevent physicians and other healthcare providers from conducting routine preventive care provided it conforms to any applicable State guidance. d. Nothing in this Order sl all prevent dentists or dental hygienists from conducting routine preventive care provided it conforms to any applicable State guidance. 7. Hospitals, healthcare providers, pharmacies and commercial testing laboratories shall report all laboratory-confirmed COVID-19 test results to the Public Health Officer immediately after such results are received. 8. Face coverings shall be worn as described and required in California Department of Public Health Face Covering Guidance issued on June 18, 2020, (available at: httt)s://www,.,c,dph,.Ic,a,.,gov/Pro,gr,am,s/CID/DCDC/CDP,H�/`20Document`/`2OLibrary COVID- 19/Guidan.ce-for-Face-Coverin.gs 06-18-2020.pdf). 9. All businesses not meeting the definition of essential business or reopened business in section 10 and 11 below are referred to in this Order as "non-essential businesses" and shall be and remain closed for the duration oft is Order. All essential businesses and reopened businesses must comply with the requirements of this Order. Notwithstanding the foregoing, any business may remain open if its employees and owners can provide its services from home, including by telecommuting, without direct contact with the public. Page 2 of 10 ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS 2020-0,9-22 Agenda Packet Page 16 of 137 10.ESSENTIAL BUSINESSES a. "Essential business" is any business or activity or a business/activity that employs/utilizes workers) designated by the State Public Health Officer as "Essential Critical Infrastructure Workers" set forth in: https://covidl9.ca.gov/img/Essential Critic allnfra structure Workers.pdf) as that list may be updated from time-to-time, and referenced in Executive Order N-33-20 issued by the Governor of the State of California. b. All essential businesses that allow members of the public to enter a facility must prepare and post a "Social Distancing and Sanitation Protocol" on the form availab,le at: https://www.sandiegocount,v .gov/content/dam/s,dc/hhs,a/programs/phs/Epidemiology/covidl9/SOCIAL DISTANC Il G AND SANITATION PROTOCOL 04022020 VI.p or on a form required by another governmental entity requiring substantially similar information, for each of their facilities open to the public in the county. The Social Distancing and Sanitation Protocol must be posted at or near the entrance of the relevant facility, and shall be easily viewable by the public and employees. A copy of the Social Distancing and Sanitation Protocol must also be provided to each employee performing work at the facility. All essential businesses shall implement the Social Distancing and Sanitation Protocol and provide evidence of its implementation to any authority enforcing this Order upon demand. The Social Distancing and Sanitation Protocol must describe all measures required in section c, below. Any business that fails to prepare and successfully implement a Social Distancing and Sanitation Protocol shall immediately close. c. When the State of California has issued an industry guidance, or any subsequent amendments thereto, with mandatory or suggested restrictions and/or measures to be implemented by a particular sector of essential business, every essential business in that sector must comply with the guidance and shall include in its Social Distancing and Sanitation Protocol (prepared pursuant to section b, above) all of the measures listed in the industry guidance. Any mandatory measures required by this Order must also be included in a Social Distancing and Sanitation Protocol. 11.REOPENED BUSINESSES a. "Reopened business" is a business that is not an essential business as defined in section 10a above, and has reopened in conformance with the State of California's Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe (available at https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/CO'VID- Page 3 of 10 ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS 2020-0,9-22 Agenda Packet Page 17 of 137 19/COVID I Count Monitorin Overview.as �x Statewide Public Health Officer order, issued by the California Department of Health Services on August 28, 2020, all portions of which are operative in San Diego County effective immediately, and available at htt s.//www.cd h.ca. ov/Pro rams/CII /DCDC/CDPH��20IDocument` 20Libra OVII -19/8-28-20 order-Plan-Reducin toy II 9-Adjusting-Permitted-Sectors,- s Signe . A reopened business may open when the Public Health officer has posted an acknowledgement of the reopened status on the County of San Diego Coronavirus website and the business has complied with the requirements of this order. b. The State of California's Blueprint for a Safer Economy establishes a four tier system. for reopening business sectors. Those business sectors listed in the "Substantial/Tier2" column of the Activities and Business Tiers chart are allowed to reopen under the conditions set forth in the chart. i. Every business in the fallowing sectors listed in the Activities and. Business Tiers shall require all customers who receive services indoors or use indoor facilities to sign in with their name and telephone number: 1. Fair Salons & Barbershops 2. Personal tare Services . Gyms & Fitness Centers . restaurants, Wineries, Bars, Breweries, and Distilleries (where meal is provided) as required in section g below. c. All reopened businesses, with the exception of restaurants, bars, wineries, distilleries and breweries which do not limit services to tape-out or delivery, must prepare and post a "Safe Reopening Plan" on the form available at:htt s.//www.sandie ocount . ov/content/dam/sdc/hhsa/ ro rams/ hs/E demiolo /covid l 9/tommunit Sector Su ort/ usinessesandEm to ers/SafeReo enin Plan Tem date. df for each of their facilities in the county. Restaurants bars, wineries, distilleries and breweries which do not limit services to tape-out or delivery, must prepare and post a "COVID-19 Restaurant operating Protocol' on the farm found at htt s.//www.sandie ocount . ov/content/dam/sdc/deh/ d/food/ �df/e vidl sdrestaur auto eratin rotocol en. �df for each restaurant in the county. d. The Safe Reopening Flan or tovll -19 Restaurant operating Protocol must be pasted at or near the entrance of the relevant facility, and shall be easily viewable by the public and employees. A copy of the Safe Reopening Flan. or COVID-19 restaurant Operating Protocol must also be provided to each employee performing work at the facility. All reopened businesses shall implement the Safe Reopening Plan or CO�VII - Page 4 of 10 ORDER.of THE HEALTH FFICE R AND EMERGENCY REGULATIONS 2020-0,9-22 Agenda Packet Page 18 of 137 19 Restaurant Operating Protocol and provide evidence of its implementation to any authority enforcing this Order upon demand. The Safe Reopening Plan or COVID-19 Restaurant Operating Protocol must describe all measures required in section e, below. Any business that fails to prepare and comply with its Safe Reopening Plan or COoVID- 19 Restaurant Operating Protocol shall immediately close. e. When the State of California has issued an industry guidance, or any subsequent amendments thereto, with mandatory or suggested restrictions and/or measures to be implemented by a particular sector of reopened business, every reopened business in that sector must comply with the guidance and shall include in its Safe Reopening Plan or COVID-19 Restaurant Operating Protocol (pretired pursuant to section c, above) all of the measures listed in the industry guidance. Any mandatory measures required by this Order must also be included in a Social Distancing and Sanitation Protocol. f. All restaurants,bars,wineries, distilleries and breweries shall be closed from 10:00 p.m. until 5:00 a.m. every day. Guests already in the facility at 10:00 p.m. may remain in the facility until 11:00 p.m. Only staff needed to close, open or clean shall be in the facility between the hours of 11:oo p.m. and 5:00 a.m. g. All restaurants, bars, wineries, distilleries and breweries which are allowed to provide indoor service pursuant to the State of California Dine-in Restaurant Guidance shall comply with the following additional requirements applicable only to persons dining indoors: i. Limiting persons sitting at a table to members of the same household is strongly encouraged. ii. The restaurant shall obtain the name of each guest seated at a table and the telephone number of at least one guest and shall maintain the list of names and telephone numbers for three weeks. iii. Guests will be required to wear face coverings at all times while in the facility, including when seated at a table before the meal is served and after the meal is finished. 12. Each essential business and reopened business shall take all of the following actions if an employer becomes aware that an employee is diagnosed with COVID-19: i. Promptly notify the County Department of Public Health that there is an employee that is laboratory-confirmed diagnosed with COVID-19, together with the name, date of birth, and contact information of the employee. ii. Cooperate with the County Department of Public Health's COVID-19 response team to identify and provide contact information for any persons exposed by the employee at the workplace. Page 5 of 10 ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS 2020-0,9-22 Agenda Packet Page 19 of 137 iii. Provide notice of the exposure to any employees, and contractors (who regularly work at the workplace), who may have been exposed to COVID- 19, as stated in the State's CO�VID-19 Employer Playbook for a Safe Reopening, available at jhttps-//files.covid 19.ca.gov/pdf/employe - Playbook-for-safe-reop ening—en.pdfl. 13.Outdoor Recreation a. Each public park and recreation area or facility, shall operate in compliance with the measures set forth in the State COVID-19 Industry Guidance: Campgrounds, RV Parks and Outdoor Recreation. The operator of the park shall prepare a Safe Reopening Plan pursuant to section 11, above, indicating how the park or recreation facility will implement the required measures. Any park or recreation area/facility at which the Protocol requirements cannot be effectively implemented may be required to close. b. Outdoor recreation instruction and day camps that comply with the State CVID19 Industry Guidance: Day Camps, may be conducted in park and recreation areas/facilities. 14.Persons who have been diagnosed with COtVIDE-1 9, or who are likely to have COVID-19, shall comply with the Order of the Health Officer titled: "Isolation of All Persons with or Likely to have COVID-19", or as subsequently amended. Persons who have a close contact with a person who either has COVID-19, or is likely to have COVID-19, shall comply with the Order of the Health Officer titled: "Quarantine of Persons Exposed to COVID-19," or as subsequently amended. Both orders are available at: https://www.sandiegocounty.gov/content/sdc/hhs,a/programs/Ths/community epidemiolog c/2019-nCoV/health-order.html. If a more specific isolation or quarantine order is issued to a person, that order shall be followed. 15.For purposes of this Order: a. "Gathering" is any event or convening that brings together more than one person in a single room or single indoor or outdoor space at the same time. A gathering does not include: i. A gathering consisting only of members of a single family or household. ii. Operations at airports, public transportation or other spaces where persons in transit are able to practice social distancing. iii. Operations at essential businesses as defined in section 10a above and reopened businesses as defined in 11 a above and where the other requirements set forth in this Order are followed. Page 6 of 10 ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS 2020-0,9-22 Agenda Packet Page 20 of 137 iv. A religious service or cultural ceremony including a wedding ceremony which is allowed provided the State Guidance on places of Worship and Providers, of Religious Services and Cultural Ceremonies is followed. However a wedding reception is a gathering and is not allowed. v. outdoor protests in which participants maintain social distancing and wear face coverings at all tunes. b. "Non-essential personnel" are employees, contractors, or members of the public who do not perform treatment, maintenance, support, or administrative tasks deemed essential to the healthcare mission of the long-term care facility or hospital. Non- essential personnel do not include first responders, nor State, federal, or local officials, investigators, or medical personnel carrying out lawful duties. Non-essential personnel do not include visitors to hospitals and long-term care facilities who are granted entry by the facility's director, or designee,because they are family or friends who are visiting a resident in an end of life or similar situation, are parents or guardians visiting a child who is a patient, or because of any other circumstances deemed appropriate by the facility director, or designee, and where appropriate precautions by the facility that follow federal., State, and local public health guidance regarding OVID19 are followed. C. "Social distancing" is maintaining a sig-foot separation from all persons except for household members, first responders and medical providers or employees conducting temperature screenings. 16.This order is issued as a result of the World Health Organization's declaration of a worldwide pandemic of COVID-19 disease, also known as "novel coronavirus." 17.This Order is issued based on scientific evidence regarding the most effective approaches to slow the transmission of communicable diseases generally and COVII -19 specifically, as well as best practices as currently known and available to protect vulnerable remembers of the public from avoidable risk of serious illness or death resulting from exposure to COVIN-19. The age, condition, and health of a significant portion of the population of the county places it at risk for serious health complications, including death, from.COVID-19. Although most individuals who contract COVID-19 do not become seriously ill, persons with mild symptoms and asymptomatic persons with CONI -19 may place other vulnerable members of the public such as older adults, and those with underlying health conditions at significant risk. 18.The actions required by this Order are necessary to reduce the number of individuals who will be exposed to COVID-19, and will thereby slow the spread of CONI -1.9 in the county. By Page 7 of 10 ORDER OF THE HEALTH FFICE R AND EMERGENCY REGULATIONS 2020-0,9-22 Agenda Packet Page 21 of 137 reducing the spread of COVID-19, this Order will help preserve critical and limited healthcare capacity in the county and will save lives. 19.This Order is issued in accordance with, and incorporates by reference: a) the Declaration of Local Health Emergency issued by the Health Officer on February 14, 2020; b) the 9 1 Proclamation of Local Emergency issued by the County Director of Emergency Services on February 1 , 2020; c) the action of the County Board of Supervisors to ratify and continue both the local health emergency and local emergency on February 19, 2020; d) the Proclamation of a State of Emergency issued by the Governor of the State of California on March 4, 2020; e) Executive Order N-25-20 issued by the Governor of the State of California on March 12, 2020 which orders that "All residents are to heed any orders and guidance of state and local health officials, including but not limited to the imposition of social distancing measures, to control COVID-19"; f) Proclamation 9984 regarding COVIN-19 issued by the President of the United States onMarch I I� 2020; g) Executive Order N-3 3-20 issued by the Governor of the State of California on March 19, 2020; h) the "Interim Additional Guidance for Infection Prevention and Control for Patients with Suspected ortonfirmed COVID-19 in Nursing Homes" issued by the CDC; i) COVID-19 guidance issued by the California Department of Public Health on including, but not limited to the Face Coverings Guidance issued on April 1, 2020; j) the State of California's "Resilience Roadmap;" the State of California's Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe; and,the California Statewide Public Health Officer Order dated August 28, 2020. 20.This Order is issued to prevent circumstances often resent in gatherings that may exacerbate the spread of COVID-19, such as: 1)the increased likelihood that gatherings will attract people from a broad geographic area; 2) the prolonged time period in which large numbers of people are in close proximity; 3) the difficulty in tracing exposure when large numbers of people attend a single event or are at a single location; and 4) the inability , to ensure that such persons, follow adequate hygienic practices. 21.This Order is issued to provide additional opportunities for recreational activities while also requiring additional protections from the spread of COVIN-1.9 to the public who are taking advantage of these opportunities for recreational activities. And providing additional protections for employees of essential businesses or reopened business and their customers/clients. Page 8 of 10 ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS 2020-0,9-22 Agenda Packet Page 22 of 137 22.This Order is issued to protect the public health as businesses are allowed to reopen by requiring businesses to implement procedures necessary to ensure their employees and customers comply with social distancing, sanitation and screening practices. 23.This Order comes after the release of substantial guidance from the Health Officer, the California Department of Public Health, the CDC, and other public health officials throughout the United States and around the world. 24.The statement of facts and circumstances set forth as justification for each Guidance issued by the California Department of Health Services that is referenced in this Order are hereby accepted and incorporated by reference into this Order. 25.Pursuant to Health and Safety Code section 120175.5 (b) all governmental entities in the county shall take necessary measures within the governmental entity's control to ensure compliance with this Order and to disseminate this Order to venues or locations within the entity's jurisdiction where gatherings may occur. 26.Violation of this Order is subject to fine, imprisonment, or both. (California Health and Safety Code section 120295.) 27.To the extent necessary, this Order may be enforced by the Sheriff or chiefs of police pursuant to Government Code sections, 26602 and 1601 and Health and Safety Code section 101029. Page 9 of 10 ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS 2020-0,9-22 Agenda Packet Page 23 of 137 28.Once this Order takes effect it shall supersede the Order of the Health Officer and Emergency Regulations dated August 31, 2020. I'T IS SO ORDERED: Date: September 9, 2020 W I I Wooten, PDRI Public Health Officer County of San Diego EMERGENCY REGULATIONS As Director of Emergency Services for the County of San Diego, I am authorized to promulgate regulations for the protection of life and property pursuant to Government Code Section 8634 and San Diego County Code section 31.103. The following shall be in effect for the duration of the Health Officer Order issued above which is incorporated in its entirety by reference: The Health Officer Order shall be promulgated as a regulation for the protection of life and property. Any person who violates or who refuses or willfully neglects to obey this regulation is subject to fine, imprisonment, or both. (Government Code section 8665.) Date: September 9, 2020 ......""s Cluef 01 Director of Emergency Services County of San Diego Page 10 of 10 ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS 2020-0,9-22 Agenda Packet Page 24 of 137 zmr, ..' l v r r C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA IS e,ptember 2 2,,202 0 File ID: -0372 „MITI RESOLUTION of THE CITY" COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE APPENDIX To THE LOCAL CONFLICT of INTEREST CODE TO AMEND'THE LIST of OFFICIALS,CANDIDATES AND DESIGNATED EMPLOYEES WHO ARE REQUIRED TO FILE PERIODIC STATEMENTS of ECONOMIC INTERESTS AND THE DISCLOSURE CATEGORIES FOR SAID FILERS ACTIONRECOMMENDED Council adopt the resolution. SUMMARY The Political Reform Act requires every local agency to periodically review its Conflict of Interest Code to determine whether amendments are needed. The proposed resolution adopts an amended appendix to the City's Conflict of Interest Code,listing the officials and designated employees of the City who are required to file periodic statements of economic interests and the disclosure categories under which each such official and designated employee is required to file,as well as rewiring those designated officials and employees to complete biennial ethics training,pursuant to AB 1234. ENVIRONMENTAL REVIEW The Development services Director 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 it will not result in a physical change in the environment herefore,pursuant to section. 1,5060(c)(3) of the State CEQA Guidelines,the activity is not subject to CE S. Thus,no environmental review is required. BO,ARD/COMMISSION/COMMITTEE RECOMMENDATION 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 P 11 2020-0,9-22 Agenda Packet Page 25 of 137 statements of economic interests and the disclosure categories under which each such official and designated employee,shall file. The City Clerk and the City Attorney have performed a review of the code in conformance with Political Reform Act requirements. Each department director provided input regarding the level of decision-making authority employees have in their respective departments.With that input, along with various title changes that have, occurred since the last update, it has been determined that the, appendix to the Code requires amendments. Several positions that are currently vacant and unfunded were not deleted since they remain on the City's classification plan and should be designated to file statements of economic interest.Adoption of the,proposed resolution amends the appendix to the local Conflict of Interest Code accordingly. The resolution also specifies that all employees designated as filers under the City's Conflict of Interest Code are "designated emp�loyees" for purposes of AB 1234 and, as such, are required to participate in mandatory ethics training. In addition to reviewing the list of filers the City Clerk and City Attorney also reviewed the City's disclosure categories provided for in Municipal Code section .0 .030. No changes to the category descriptions are recommended at this time. 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(Cat.Govt 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. CURRENYYEAR FISCAL IMPACT Adoption of the resolution will have no impact on the general fund. ONGOING FISCAL IMPAC0111 There is no ongoing fiscal impact. ATTACHMENTS 1. Exhibit A- Revised list of designated filers Staff Contact: Cris tina Hernandez, City ClerkAnalyst P 2 2020-0,9-22 Agenda Packet Page 26 of 137 RESOLUTION NO. RESOLUTION of THE CITY COUNCIL of THE CITY of CI-ULA VISTA MODIFYING THE APPENDIX TO THE LOCAL CONFLICT of INTEREST CODE TO AMEND THE LIST of OFFICIALS, CANDIDATES AND DESIGNATED EMPLOYEES WHO ARE REQUIRED To FILE PERIODIC STATEMENTS of ECONOMIC INTERESTS AND THE DISCLOSURE CATEGORIES FOR. SAID FILERS WHEREAS, the Political Reform Act (California Government Code sections 87100 through 91014), 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 1.8730, and any amendments thereto that are adopted by the Fair 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 Deform 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 Mode are necessary; and WHEREAS,the City Council desires that all City employees who are required to file Form 700 under the City's Conflict of Interest Code be designated as "Local Agency officials," as defined in Government Code 5 2 4(c)(2)�, thereby requiring them to participate in the ethics training mandated by AB 1234; 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.. 2020-0,9-22 Agenda Packet Page 27 of 137 Resolution No. Page 2 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 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 ins City Clerk City Attorney 2020-0,9-22 Agenda Packet Page 28 of 137 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 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 §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 Disclosure ate or Administrative Services Manager..........................................................................................1, 2, 5 Animal Care Facility Administrator..................................................................................1, 3, 6, 7 Assistant Chief of Police....................................................................................................11, 21, 6117 Assistant City Attorney...........................................................................................Full Disclosure AssistantCity Clerk...............................................................................................................1, 2, 6 Assistant City Manager...........................................................................................Full Disclosure Assistant Director of Development Services.....................................................................11, 21, 6117 Assistant Director of Engineering..........................................................................................11, 2115 Conflict of Interest Code—Designated Positions Adopted by City Council on xx/xx/xx 14 14Q42 Resolution No.2.0-2-0-404xxxx-xxx 2020-0,9-22 Agenda Packet Page 29 of 137 PosiMon ......Di*sdosure Categ Assistant Director of Finance..................................................................................Full Disclosure Assistant Director of Human Resources................................................................................11, 3115 Assistant Director of Public Works .......................................................................................11, 21, 5 Assistant Director of Recreation........................................................................................112161 7 AssistantPlanner........................................................................................................................314 AssociateEngineer.....................................................................................................................3,, 4 AssociateLand Surveyor...........................................................................................................3114 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......................................................................................................3,, 4115 BuildingServices Supervisor.........................................................................................................6 Chief of Police..........................................................................................lFull 1)isclostlre4.... 4' Chiefof Staff..........................................................................................................Full Disclosure Chief Sustainability Officer...............................................................................................1,, 2,, 6,, 7 City Attorney Investigator......................................................................................Full Disclosure City Clerk......... 21 6 CityClerk Analyst.........................................................................................................................6 CityLibrarian.........................................................................................................................21_6,,,,-7 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 xx/xx/xx 14 14Q42 Resolution No.2-0-2-0-404xxxx-xxx 2020-0,9-22 Agenda Packet Page 30 of 137 Posiffion ......Di*sdosure Categ Deputy City Manager..............................................................................................Full Disclosure DeputyFire Chief..................................................................................................................11, 2116 Development Services Counter Manner..................................................................................3 4 Development Services Department Director.....................................................................1, 2, 6, 7 Director of Community Services............................................................................Full Disclosure Director of Economic Development..................................................................................11, 21, 6117 Director of Engineering/City Engineer..............................................................................11, 21, 6117 Director of Human Resources................................................................................................11315 Director of Information Technology..............................................................................................6 Directorof Public Works.......................................................................................................11, 2115 Emergency Services Coordinator..................................................................................................6 Environmental Services Manager..........................................................................................3, 6, 7 Environmental Sustainability Manager..................................................................................3, 6, 7 Facilities Financing Manager.............................................................................................11, 21, 6117 FacilitiesManager..........................................................................................................................5 Facility & Supply Specialist ........................................................................................................ 6 Finance Manager.....................................................................................................Full Disclosure Fire Battalion Chief(41j,...�:,t rlt-SJI-9-1111 Alt li,�0111 Is,.............................................................................................6 x...........I - �-):jV.:is i oxi Fire Captain ............. .................F f a+-Jii n"g -nC only).............................................................................6 FireChief...............................................................................................................................11216 FireDivision Chief................................................................................................................11216 Fire Inspector/,1,,2,4 i --Investigator(all levels)............................................................................31, 4,.�............6 Fire Prevention .fin gsneer/.F...,.i.,i.,.-..,e.,, Investigator............................................................................3114............6 FirePrevention Aide......................................................................................................................3 ]Fire .Preveptliop- St ecist..................................................................................................... 3 ............I? .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Fiscaland Management Analyst....................................................................................................5 FiscalDebt Management Analyst..................................................................................................5 Fleet Inventory Control Specialist.................................................................................................5 FleetManager................................................................................................................................5 HousingManager...............................................................................................................11, 21, 6117 Conflict of Interest Code—Designated Positions Adopted by City Council on xx/xx/xx 14 14Q42 Resolution No.2-0-2-0-404xxxx-xxx 2020-0,9-22 Agenda Packet Page 31 of 137 Position ^ Human Resources _—_—_—_—_—_—_—_—_—_—_—_—_—_—_.5 Information Technology Manager--------------------------------.6 LandscapeArchitect...................................................................................................................3" 4 LandscapePlanner.....................................................................................................................3" 4 Law Office Manager---------------------------------------.6 Librarian III -----------------------------------.6 DigitalLibrary Services Manager_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_--6 Management Analyst (all _________________________________5 Marketing and --------------------------..3" 5 Open Space Manager—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_--3" 5 Park ....................................................................................................3 Park Ranger Program Manager --------------------------------.3'5 Parks and Recreation Administrator_—_—_—_—_—_—_—_—_—_—_—_ UU ---` ~ � �� - =— ______________________________________- - � Performance and Organizational Development Manager--------------------..5 Plan Check Supervisor-------------------------------------l" 2 Planning Manager_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_.l" 2 Police Administrative ServicesAdministrator........................................................Full Disclosure Police Captain-----------------------------------FoNDimcNosure Police Technology Manager----------------------------------3" 6 Policy Aide._—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_--FullDimclosure Principal Civil Engineer _—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_--3" 415 Principal Economic Development Specialist.............................................................................l" 2 PrincipalLandscape Architect...................................................................................................l" 2 NPrincipalLibrarian.................................................................................................................... �.7 ~ Principal _—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_--3" 5 Principal Planner----------------------------------------l" 2 Conflict mfInterest Cmde-mesigootedPmmitimos N , Adopted by City Council on Resolution No. 2020�9-22 Agenda Packet Page 32uf137 Principal Project Coordinator ................................................................................................l" 2" 7 Principal Recreation ----------------------------------.6 Principal Traffic ---------------------------------..3" 4115 Procurement Services Analyst—_—_—_—_—_—_—_—_—_—_—_—_—_-FullDimclosure ProcurementSpecialist...................................................................................................................5 Project Coordinator(all --------------------------------..2" 7 Public Works Inspector (all _—_—_—_—_—_—_—_—_—_—_—_—_—_—_.3" 4, 5 Public Works Manager _—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_.l" 2" 5 Public Works --------------------------------l" 2" 5 Purchasing Agent....................................................................................................Full Disclosure Real Property Manager_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_.l" 2" 6 Revenue Manager----------------------------------------..6 Risk Management Specialist----------------------------------l" 2 Risk Manager—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_--l" 2 Senior Assistant City Attorney_—_—_—_—_—_—_—_—_—_—_—_—_--FuUDisclomure Senior Building Inspector------------------------------------..3 Senior Civil ------------------------------------3" 4115 Senior Code Enforcement Officer .............................................................................................3" 4 Senior Council Assistant.........................................................................................Full Disclosure Senior Economic Development Specialist-------------------------..l" 2" 7 N Senior Fire —_—_—_—_—_—_—_—_—_—_—_—_—_—_--�" �—� N --�------'---=--- - - ��nior Graphic Designer_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_.5 Senior Land Surveyor-------------------------------------.4115 Senior Landscape Inspector---------------------------------3" 41, 5 N Senior Librarian.........................................................................................................................6.7 ~ Senior Management Analyst_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_-5" 7 Senior Open Space Inspector---------------------------------..3" 5 Conflict mfInterest Cmde-mesigootedPmmitimos N , Adopted by City Council on Resolution No. 2020-0,9-22 Agenda Packet Page 33uf137 Position SeniorPark Ranger........................................................................................................................3 SeniorPlan Check Engineer......................................................................................................31, 4 SeniorPlanner............................................................................................................................1112 Senior Procurement Specialist................................................................................Full Disclosure SeniorProject Coordinator ....................................................................................................1, 217 Senior Public Works Inspector..............................................................................................31, 4115 Senior Risk Management Specialist..........................................................................................112 SmartTechnology Officer.........................................................................................................3, 6 SpecialEvents Coordinator............................................................................................................3 Stormwater Environmental Specialist (all levels)..........................................................................3 Stormpater Program Manager...............................................................................................3, 4, 5 Supervising Public Safety Analyst.............................................................................................3116 —�111�'iznlclll—1&- LJ 4 5 TransportationEngineer.....................................................................................................31 41 5 Veterinarian (Permitted, all levels, except hourly)........................................................................6 at-et Board and Commission Members: Board of Appeals and Advisors Members...........................................................#0#0#0#0#021 5 Boardof Ethics Members ..............................................................................................112 Civil Service Commission Members.................................................................................3 Charter Review Commission Members............................................ DR-edistricting Commission Members..............................................F-Ull... Growth Management Oversight Commission Members ...............................................2, 4 Historic Preservation Commission ................................................................................1112 Mobilehome Rent Review Commission Members........................................................112 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 Conflict of Interest Code—Designated Positions Adopted by City Council on xx/xx/xx 14 14Q42 Resolution No.2-0-2-0-404xxxx-xxx 2020-0,9-22 Agenda Packet Page 34 of 137 range of duties that is limited in scope and this 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 xx/xx/xx 14 14Q42 Resolution No.2-0-2-0-404xxxx-xxx 2020-0,9-22 Agenda Packet Page 35 of 137 zmr, ..' l v r r C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA IS e,ptember 2 2,,202 0 File ID: -0371 ,TITS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF C C LA VISTA ACCEPTING BIDS ANIS AWARDING AN AGREEMENT WITH URBAN CORPS OF SAN DIEGO COUNTY FOR THE POLICE DEPARTMENT FIRST FLOOR RENOVATION PROJECT IN AN AMOUNT OF 135)737.95 ACTIONRECOMMENDED Council adopt the resolution. SUMMARY The City of Chula Vista issued a Request for Bid (RFB) for companies to provide contractual services to renovate the Police Department's Facility, resulting in a modern Real Time Crime Center and a Sergeant's Office expansion. As a result of RFB process,the Police Department has selected Urban Corps of San Diego County for the Police Department First Floor Renovation Project. ENVIRONMENTAL REVIEW The Development services Director has reviewed the proposed project for compliance with. the California Environmental Quality Act(CEQA) and as determined that the project qualifies for a Categorical Exemption. pursuant to State CEQA Guidelines Section 15,301 Class 1 (Existing Facilities), Section 15302 Class (Replacement or Reconstruction), and Section 15303 class 3 (Never Construction or Conversion of Small Structures) because the proposed project would not result in a significant effect on the environment, create a cumulative impact, or cause a substantial adverse change in the significance of a historical resource.Thus, no further environmental review is required. DISCUSSION Background The Police Department currently does not have a centralized hub to gather, share, and display data that conies to various units of the department. A Real Time Crime Center (RTCC) is a centralized police technology, intel and data center, which will enhance capability to create a situational awareness front through consolidation of disparate systems and data such as caldera feuds,real-time alerts,Computer Aided Dispatch(CAD),records information,incident information,and resource locations into a single interface.The RTCC allows Intelligence operators and Analysts the ability to communicate actionable intelligence Evia voice PIi3ge I 1 2020-0,9-22 Agenda Packet Page 36 of 137 and data for field operations and staff. In summary,a RT'CC brings together all data in a centralized hub for leaders to analyze and interpret information and decide,on appropriate deployment responses. In addition to creating a Real Time Crime Center,the existing sergeant's Office area will be expanded based on additional staffing. The Police Department is fortunate to have added 5 Sergeants through Measure A funds. The existing Sergeant's office area will be expanded due to Department growth., Request for Bid (RFB1 for Police Department First Floor Renovation On July 10, 2020, the City issued a Request for Bid (# B18-19/20) for Police Department First Floor Office Renovation project relating to the Real Time Crime Center and Sergeant's Office expansion., Specifically,the Police Department was seeking contractors to renovate approximately 2,750 square feet of existing office space, involving demolition of walls and doors and installing new walls,doors and electrical work. Due to COVID social distancing protocols,a video walk-through was made available to interested companies, instead of an on-site visit. The following eleven companies submitted a bid: 1) Advance Technical Construction Inc 2) APR Construction, Inc 3,) FedVet Construction 4) Firestone Builders, Inc 5) HA Construction 6) M.W.Vasquez Construction Co., Inc 7) Noble E&C, Inc 8) Ponciano, Construction, Inc 9) SD Stature 10)SWCS Inc 11)Urban Corps of San Diego County After receiving the bids, the Procurement Division of the Finance Department reviewed each bid for responsiveness. Urban Corps of San Diego provided the lowest bid amount of $135,737.95 and was responsive with the bonds and required documents outlined in the RFP. In coordination with the Finance Department the Police Department recommends award of the project agreement to Urban Corps of San Diego County as a result of the RFI process. The Police and Finance Departments believe that this company is experienced and staffed in a manner such that they can deliver the services required to meet the, City's needs. Staff also recommends that the City Council approve a 10% contingency amount for the project, in the amount of $,13,573.80, for unforeseen conditions or circumstances, and authorize the City Manager or designee to approve contract change orders up to the full contingency amount. DECISION-MAKER C'ONFLIC"T rr cl Staff has reviewed the property holdings of the City Council members and has found no property holdin6a within 1,00O feet of the boundaries of the property which is the subject of this action.Consequently,this item P 12 2020-0,9-22 Agenda Packet Page 37 of 137 does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov't Code §87100,et seq.),. 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 IMPACT Approval of this resolution will award an agreement with Ur�ban Corps of San Diego County to provide Police Department First Floor Renovation. This facility renovation cost will be paid by Asset Seizure Funds. The project costs includes the contract cost in the amount of$135,737.95,plus the contract contingency amount of$13,573.80,for a project total of$149,311.75,which has already been included in the supplies and services category of the Police Grants Section of the Federal Grants Fund, resulting in no net fiscal impact to the General Fund. Summary costs for the Police Department First Floor Renovation project are as follows: Contract Amount $135)737.95 Contract Contingency(10%) $13,573.80 PROJECT TOTA $149)311.75 ONGOING FISCAL IMPACT There are no ongoing costs associated to the Police Department First Floor Renovation Project. ATTACHMENTS Attachment 1: RFB # B18-19/20 for Police Department First Floor Office Renovation Attachment 2: Agreement with Urban Corps of San Diego County to, provide Police Department First Floor Renovation Staff Contact: Jonathan Alegre, Police Department P : ge 3 2020-0,9-22 Agenda Packet Page 38 of 137 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING AN AGREEMENT WITH URBAN CORPS OF SAN DIEGO COUNTY FOR THE POLICE DEPARTMENT FIRST FLOOR RENOVATION PROJECT IN AN AMOUNT OF $135,737.95 WHEREAS, Chula Vista Municipal Code (CVMC) section 2.56.070 authorizes the City Council to approve the procurement of supplies,equipment, and services exceeding$100,000 after a competitive bid procedure; and WI-Ii EREASI the City issued a Request for Bid (RFB # B18-19/20) on July 10, 2020 for Police Department First Floor Renovation Project in accordance with CVM C section 2.56.070; and WHEREAS,the City received I I bids and Urban Corps of San Diego County was selected determined to be the lowest responsive and responsible bidder; and WHEREAS, Urban Corps of San Diego County warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required to the City in accordance with the time frames and the terms, and conditions of the agreement; and WHEREAS, staff recommends award of the project agreement to Urban Corps, of San Diego County in an amount of $135,737.95, approval of a contract contingency amount of $13,573.80, and authorization for the City Manager to approve contract change orders in an amount not-to-exceed the contract contingency amount. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it accepts bids and awards an agreement entitled City of Chula Vista Contractor/S ervi ce Provider Services Agreement With Urban Corps of San Diego County To Provide Police Department First Floor Renovation in an amount of$135,737.95, in the form presented,with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it approves a contract contingency amount $13,573.80 and authorizes the City Manager or designee to approve contract change orders in an amount not-toexceed the contract contingency amount. Presented by Roxana Kennedy Chief of Police 2020-0,9-22 Agenda Packet Page 39 of 137 Resolution No. Page 2 Approved as to form by Glen R. Googins City Attorney 2020-0,9-22 Agenda Packet Page 40 of 137 C1W OF RFB-B18-19/20 CH LA VISTA July 10,2020 Page 1 NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, THAT PROPOSALS WILL BE RECEIVED UNTIL 3010 P.M. ON TUESDAY, AUGUST 7,, 2020. POLICE FIRST FLOOR OFFICE RENOVATION ALL BIDS MUST BE SENT ELECTRONICALLY VIA PLAN ETBIDS. NO BIDS WILL BE ACCEPTED,AFTER THE DATE AND TIME STATED, IN THE IS RFB. All bidders must be registered with current contact information on PlanetBids at the 'I t com�or�ta�,g,,Elal.cfm?�c,om,pqnylD=15381,. Bidders must following link: .I,t p��. w�ww�. Ia�npt�bids� ................................................................................................... ..................... log in and download complete bid specifications from PlanetBids. Notification of addenclums,will be sent via PlanetBids. The City reserves the right to reject any or all proposals received, or any portion of any proposal, and to waive any irregularities or informalities in proposals or the RFB process. Any addenda that are issued through this RFB must be acknowledged in PlanetBids. Alex Ortiz July 10, 2020 Procurement Specialist aortiz,Schulavistaca. Rov 2020-0,9-22 Agenda Packet Page 41 of 137 C1W OF RFB-Bl8-19/20 CHULA VISTA July 10,2020 Page 2 BID REQUIREMENTS AND CONDITIONS The bidder, is required to examine all Bid Specifications,, General Provisions for the work required. It is further assumed that the bidder has investigated and is satisfied as to the conditions to be encountered and quantities of work to be performed. It is mutually agreed that submission of a bid shall be considered evidence that the bidder has made such an examination. Include signed copies of, General Conditions,, Proposal and Offer to Contract with your bid submission. Awardee, must be able to commence work promptly after an executed contract. Any worker performing on premise work, will need to successfully complete a vendor background to have limited unescorted access to the Police Department. This is a prevailing wage project and all contract work must be paid and verified according to the State of California's Department of Industrial Relations Prevailing Wage regulations it ation.htm). QUESTIONS All questions are to be submitted through PlanetBids no later than Wednesday, July 22, 2020 at 300 P.M. Responses, to questions will be posted through PlanetBids no later than 12:00 P.M., Monday, duly 27,, 2020. An email will be sent by Planet ids when the responses are released. A mandatory pre-bid meeting will be held on Monday, July 20, 2020 at the Chula Vista Police Department, 315 Fourth Ave, Chula Vista, CA 91910 at 9:30 a.m. A representative must be present in the lobby of the Police Department and signed in to be able to, partici ate in this RFB. Any persons that enter the lobby after 9:30 a.m. will be considered late and will not be authorized to participate in the pre-bid meeting. Bid Submittal The following documents must be completed and submitted with the bid:,, 1. Bid Submission 2. Bid Bond (10%) if project value, over$50,000, submit with bid. 3. Performance Bond (100%), due after award. 4. Payment Bond (100%), due after award. 5. Signed Addenda (if any) 6. Completed copies of pages 5-8 (Payment Terms, Public Agency Participation, California State Contractor's License information, Disclosure Statement, and Proposal & Offer to Contract). 2020-0,9-22 Agenda Packet Page 42 of 137 C1W OF RFB-B18-19/20 CHULA VISTA July 10,2020 Page 3 SPECIFICATIONS FOR Chula Vista Police Department First Floor Renovation Scope of work: Approx. 2,7'50 s.,f. of tenant improvement to existing office areas, per plan. • Combining two existing open office spaces to one, and adding a separated real-time crime office area with new media wall. • Creating access to existing watch command from new real-time crime area. • Restrooms serving first floor office area of work to receive ADA upgrades, per drawings. • Demo of existing storage room and small meeting room. • Demo of 2 doors at existing corridor. • Demo of all existing carpet within area of work (coordinate with owner) and removal of existing systems furniture - coordinate salvage with owner. • Demo of non-rated partition wall at community relations offi'ce. • New recessed 2x4 lighting throughout existing 2x2 ceiling and partial new ceiling grid, refer to cei'li'ng plan and electrical. • New lighting at new gyp. Entry soffit refer to ceiling plan and electrical. 0 New full height wall and door at real-time crime area, new door at watch commander and wall infills, at rated corridor. 0 New electrical work- refer to electrical plans. 0 No change in occupancy. 0 Sprinkler system is existing to remain., 0 Furniture, carpet and equipment by others - coordinate with owner. 0 New rubber base throughout., 0 Paint throughout area of work and at corridor, see finish plan.. 0 No exterior work. Please reference attached Exhibit A Architectural and Electrical Floor Plans for detailed specifications. 2020-0,9-22 Agenda Packet Page 43 of 137 CTW OF RFB-1318-19/20 CHULA VISTA July 10,2020 Page 4 GENERAL CONDITIONS Evaluation The Purchasing Agent and the Chief of Police or designee will evaluate responses. The City reserves the right to reject any or all reslmnses and to waive any irregularity or informality in any respwse,to the extent permitted by law. All respondents are responsible for reading the attached specifications,terms and conditions,Performance Standards, General Conditions,and General Provisions,which are considered part of your bid and any contract awarded. Award It is the City's intent to award this contract to a single contractor based on the primary services as outlined on PlanetBids). However, the city retains the ability to utilize alternate contractor/'s in the event the awarded contractor is unable to provide services in the time outlined by the city. The award will be made to the lowest, responsive and responsible bidder who, in the City's sole judgement, has the necessary experience, skill, business standing,, equipment, staffing, and financial stability to properly maintain the City's bid. The extent to which the respondent proposes,to subcontract work will also be a consideration, i n a w a r d. This RF13 does not commit the City to award a contract, to pay any costs incurred in the preparation of the proposal to this request, or to procure or contract for services or supplies. The City reserves the right to accept or reject any or all proposals received as a result of this request,, to negotiate with any qualified source, or to cancel in part or entirely this RFB, if it is in the best interest of the City to do so. The City further, reserves the right to waive any technicalities or minor irregularities in bids received. The City may require the selected respondent to participate in negotiations and to submit such price, technical or other revisions of their proposals as may result from negotiations. The City shall be the sole judge in determining award of contract. Local Business Consideration According to the Chula Vista Municipal Code, Chapter 2.56.090, letter G, In accordlanice with Section 1011 of the Charter, in the event two or more bids are received which are for the same total amount or unit price and in all other respects are equal, the contract shall be awarded to a local respondent. In the event, however, that such tie bids are alll from vendors either wholly inside or all outside of the city, then the contract shall be awarded by drawing lots in public. In evallua�ting bids for award,the City of Chula Vista considers the 1%sales tax allocated back to the City from vendors located in Chula Vista. Firm Prices Prices shall remain firm for vehicles specifically listed for a minimum of ninety (90)days from,the bid opening date. PUBLIC DISCLOSURE All proposals submitted in response to this RFC become the property of the City and public records, and as such may be subject to public review. Under the California Public Records Act (California Government Code Section 6250 et seq.) records in the custody of a public entity generally have to be disclosed unless the information being sought falls into one or more of the exemptions to disclosure set out in Government Code Sections 6254 through 6255. A cover letter should be provided with the Request for Bid containing a paragraph that states whether or not Vendor believes that its proposal does or does not contain information that falls into one of the exemptions of Government Code Sections 6254 through 6255 and whether or not Vendor considers such information to be confidential. 2020-0,9-22 Agenda Packet Page 44 of 137 CTW OF RIF13-1318-19/20 CHULA VISTA July 10,2020 Page 5 In the absence of a declaration, the City may be obligated to disclose the proposal to any party that requests it. Regardless of assertions of confidentiality, proposal contents may still be disclosed if City, or a court with jurisdiction,determines that such proposal is a public record requiring disclosure. Payment Terms Terms: % Days Prompt payment discounts offered for less than fifteen (15) days will not be considered in evaluating bids for award. However, discounts offered of less than fifteen (15) days will be taken if payment is made by the City within the discount period. In the absence of terms, payment shall be Net Thirty(30) Days. Payment Method The City is changing our method of making payments. The preferred method is the use of a Credit Card. Is your company authorized to accept payment made with the cards below? American Express-"yes No MasterCard/VISA- Yes No Are there fees associated with accepting credit cards- California State Contractor's License License No. Pursuant to City Council Policy 101-01, prior,to any action on a matter that requires discretionary action by the City Council, Planning Commission or other,official legislative body of the City,a statement of disclosuire of certain ownerships,financial interests, payments, and campaign contributions must be filed.The following information must be disclosed: Licensed in accordance with the State of California providing for the registration of Contractors: License No.,: License Expiration Date: Contractor's State License Classification: DIR Registration Number is reguired: DIR Registration#: Issue Date: Expiration Date: Business License A Business License is required as outlined in the Chula Vista Municipal Code Section 5.02.020,which states: It is unlawful for any person, orfor any person as agent, clerk or employee, either for himself orfor any other person, within the corporate limits of the City, to transact, engage in, or carry on any business,show, exhibition or game hereinafter specified without first having procured a license. Signature Date This page must be completed and returned with quote. 2020-0,9-22 Agenda Packet Page 45 of 137 C1W OF RFB-1318-19/20 CHULA VISTA July 10,2020 Page 6 PROPOSAL&OFFER TO CONTRACT The respondent, herein sometimes called consultant, contractor,vendor,or supplier submits,a proposal and offers to enter into a contract with the City of Chula Vista, herein called City,,this August 7, 2020 as follows: This Proposal &Offer to Contract,subject to the specifications,,terms and conditions,and General Provisions herein,when duly accepted by the City shall constitute a contract between the parties. In consideration of the payments to be provided by the City,and in accordance with the conditions expressed in the proposal forms and specifications attached,and by this reference incorporated herein,Contractor agrees,to provide services as specified. COMPANY NAME ADDRESS CITY STATE ZIP EMAIL ADDRESS TELEPHONE FAX PRINT NAME TITLE SIGNATURE DATE City of ChulaVista: If required) Approved by: Date: Maria l(achadoorian, City Manager Approved as to form and legality: Glen R. Googins, City Attorney 2020-0,9-22 Agenda Packet Page 46 of 137 C1W OF RF13-1318-19/20 CHULA VISTA July 10,2020 Page 7 BOND FOR FAITHFUL PERFORMANCE KNOW ALL PERSONS BY THESE PRESENTS,,that: /we the Contractor in the Contract hereto annexed,as Principal and a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California as, a Surety, and are listed and approved under the United States Treasury Circular 570, are held and firmly bound unto the City of Chula Vista., located in San Diego County, California, in the sum of lawful money of the United States, for which payment, well and truly to be made,we bind ourselves,jointly and severally,firmly by these presents. Signed,sealed,and dated The condition of the above obligation is that if said Principal,as Contractor in the Contract hereto annexed,shall faithfullly perform each and all of the conditions,of said Contract to be performed by him/her,and shall furnish all tools,equipment,apparatus,facilities,transportation, labor and material,other than material, if any,agreed to be furnished by the City necessary to perform and complete in a good and workmanllike manner,the work of: POLICE DEPARTMENT FIRST FLOOR RENOVATION CI #N/A in strict conformity with the terms and conditions set forth in the Contract hereto annexed, and shall pay or cause to be paid, all persons who perform labor for, or furnish materials to said Contractor, or to any subcontractor in the execution of the said Contract,,then this obligation shall be null and void, otherwise to remain in full force and effect; and the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the specifications accompanying the same, shall be in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. Company Company Contractor(Print Name) Surety(Print Name) Contractor(Signature) Surety(Signature) (Attach Proper Notarization) APPROVED AS TO FORM: City Attorney 2020-0,9-22 Agenda Packet Page 47 of 137 C1W OF RIF13-1318-19/20 CHULA VISTA July 10,2020 Page 8 BOND FOR MATERIAL AND LABOR KNOW ALL PERSONS BY THESE PRESENTS,,that: I/We the Contractor in the Contract hereto annexed, as Principal and IF a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California as a Surety, and are listed and approved under the United States Treasury Circular 570, are held and firmly bound unto the City of Chula Vista, located in San Diego County, California, in the sum of ($ I lawful money of the United States,for which payment,well and truly to be made,we bind ourselves,jointly and severally,firmly by these presents. Signed,sealed, and dated The condition, of the above obligation is that if said Principal, as, Contractor in the Contract hereto annexed, or his/her or its subcontractor,faills to pay for any material, provisions, provender or other supplies, or teams used in, upon,for or,about the performance of work contracted to be done by said) Contractor, namely to furnish all tools, equipment, apparatus, facilities, transportation, labor and material, other, than materials, if any, agreed to be furnished by the City necessary to perform and complete, and to perform and complete in a good and workmanlike manner,the work of: POLICE DEPARTMENT FIRST FLOOR RENOVATION CIP#N/A in strict conformity with the terms and conditions set forth in the Contract hereto annexed, or for work or labor done thereon of any kind, said Surety will pay the same in an amount not exceeding the sum herein above set forth, and also in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the courts. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under and by virtue of the provisions of Chapter,7 (commencing with Section 3247) of Title 15, Part 4, Division 3 of the California Civill Code, as amended and the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications., Company Company Contractor(Print Name) Surety(Print Name) Contractor(Signature) Surety(Signature), (Attach Proper Notarization), APPROVED TO FORM: City Attorney 2020-0,9-22 Agenda Packet Page 48 of 137 C1W OF RIF13-1318-19/20 CHULA VISTA July 10,2020 Page 9 BID GENERAL PROVISIONS Please Read Carefully fu These Provisions Are a Part of Your Bid and any Contract Awarded The bidder agrees that: A. Bidder has carefully examined the specifications, and all provisions relating to the item(s)to be furnished or the work to be done; understands the meaning, intent,and requirements;and B. Bidder will enter into a written contract and furnish the item(s) or complete the work in the time specified,and in strict conformity with the City of Chula Vista specifications for the prices quoted. Note: Bidder is defined as any individual, partnership, or corporation submitting a bid, proposal.,or quotation in response to a request for bid, request for proposal, or request for quotation. A bidder may also be referred to as consultant,contractor,supplier,or vendor. 1. Prices All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections typed or written with ink adjacent to the error;the person signing the bid must initial corrections in ink. Bids shall indicate the unit price extended to indicate the total price for each item bid. Any difference between the unit price correctly extended and the total price shown for all items bid shall be resolved in favor of the unit prices, except when the bidder clearly indicates that the total price for all items bid is based on consideration of being awarded the entire lot and that an adjustment of the total price is being made in consideration of receiving the entire bid. 2. Bidder's Security A bid deposit in an amount equal to at least 10%of the bid may be required as a bid security by the City. The bid security may only be in cash,a cashier's check,a certified check made payable to the City of Chula Vista,or a bidder's bond. If the bid security is a bond, it shall be executed by a surety insurer authorized to issue surety bonds in the State of California. The bid security must be executed by the bidder and enclosed with the bid proposal in the sealed bid envelope. 3. Items Offered If the item offered has a trade name, brand and/or catalog number, such shall be stated in the bid. If the bidder proposes to furnish an item of a manufacturer or vendor other than that mentioned on the face hereof, bidder must specify maker, brand, quality, catalog number, or other trade designation. Unless such is noted on the bid form, it will be deemed that the item offered is that designated even though the bid may state or equal. 4. Brand Names Whenever reference to a specific brand name is made, it is intended to describe a component that has been determined to best meet operational, performance, or relliability standards of the City, thereby incorporating these standards, by reference within the specifications. An equivalent(or,equal) may be offered by the bidder, subject to evaluation and acceptance by the City. It is the bidder's responsibility to provide, at bidder's expense, samples, test data, or other documentation the City may require to fully evaluate and determine acceptability of an offered substitute. The City reserves the sole right to reject a substituted component that will not meet or exceed City standards. 5. Samples Samples may be required for bid evaluation, and testing purposes. Bidders shall agree to provide samples within forty-eight(48) hours upon request and at no additional cost to the City 2020-0,9-22 Agenda Packet Page 49 of 137 C1W OF RFB-B18-19/20 CHULA VISTA July 10,2020 Page 10 6. Verify Quotations Prices shall be verified prior to Ibid submittal, as withdrawal or correction may not be permitted after the bid has been opened. 7. Firm Prices Prices on bid shall be firm prices not subject to escalation. In the event the specifications provide for escalation,the maximum limit shall be shown, or the bid shall not be considered. In the event of a decline in market price Ibelow a price bid,the City of Chula Vista shall receive the benefit of such decline. R. Modification or Withdrawal of Bids Bids may be modified or withdrawn by written or facsimile notice received prior to the exact hour and date specified for receipt of bid. A bid may also be withdrawn in person by a bidder,or authorized representative, prior to the exact hour and date set for receipt of bids. Telephone withdrawals are not permitted. 9. Late Bids,Modifications,or Withdrawals (a) Bidls, modifications of bids, or bidl withdrawals received after the exact time and date specified for receipt will not be considered unless receipt is before the contract is awarded and the City determines that (late receipt was due solely to City error. (b) Modification of a successful bid that makes the terms of the bid more favorable to the City will be considered at any time. 10. Mistake in Bid (a) If the bidder discovers a mistake in bid prior to the hour and date specified for receipt of bid, bidder may correct the mistake Iby modifying or withdrawing the bid in accordance with Items 8 and 9 above. (b) If within seventy-two hours of the bid closing and prior to the issuance of a purchase order or a contract, the apparent low and best bidder discovers a mistake in bid of a serious and significant nature which is unfavorable to bidder, bidder may request consideration be given to modlifying the bid if it remains the lowest bid or to withdrawal of the bid if the resuilt of the correction of the mistake makes another bidldler lowest and best bidder. The mistake must be evident ancl provable. The right is reserved by the City to reject any and all requests for correction of mistakes in bids received after,the hour and date of the bid closing. The decision of the Purchasing Agent is final as regards acceptance or rejection of requests for correction of bids. (c) A mistake in bid cannot be considered once a purchase order or contract is issued. 11. Signature All bids shall be signed and the title ancl firm name indicated. A bid by a corporation shall be signed by an authorized officer, employee or agent with his or her title. 12. No Bids If no bid is to be submitted, the bid should be marked No Bid and returned to maintain the bidlder"s name in the vendor file for future solicitations. A letter or postcard may be submitted. If a bidder fails to respond to a reasonable number of bids without returning a No Bid, the Purchasing Agent reserves the right to delete the bidder from the vendor file for future solicitations. 13. Alternative Proposals To be responsive to the bid, bidder must submit a proposal that meets all specific bid requirements. Once bidder has proposed a product which is responsive to the specification, bidder may include with the bid any additional proposals or alternative products that bidder believes can meet or exceed the City's requirements and that may offer additional advantages, benefits, or cost savings. The City reserves the right to evaluate, and accept or reject, such alternatives as though they were part of the original specifications without advertising for further bids, when in the best interests of the City. Any awards so made will be based on 2020-0,9-22 Agenda Packet Page 50 of 137 C1W OF RFB-1318-19/20 CHULA VISTA July 10,2020 Page 11 operational and cost analysis considerations that would result in the optimum economic advantage to the City. (a) Environmentally Preferable Purchasing(EPP) The City of Chula Vista defines Environmentally Preferable Purchasing (EPP) as the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or service that serve the same purpose. With few exceptions, environmentally preferable products shall only be purchased when determined to be cost- effective while considering a true cost during its lifecycle from use, management and disposal. EPP requires attention to numerous environmental considerations, including energy efficiency, postconsumer recycled content, water efficiency, low/zero hazardous substances and responsible manufacturing, to name just a few. Testing and evaluation of environmentally preferable products is one allowable exception and may be requested at any time during the solicitation process. For more information, please consult the CallRecycle website at:hhjttp�s: �.ca�[rrec�tcle�,.ca. p p. ............. 14. Confidential Information Any information deemed confidential or,proprietary should be clearly identified by the bidder as such. It may then be protected and treated with confidentiality only to the extent permitted by state law. Otherwise the information shall be considered a public record. Information or data submitted with a bid will not be returned. 15. Quality Unless otherwise required in the specifications,all goods furnished shall be new and unused. 16. Litigation Warranty The bidder, by bidding,warrants that bidder is not currently involved in litigation or arbitration concerning the materials or bidder's performance concerning the same or similar material or service to be supplied pursuant to this contract of specification, and that no ju�dlgmients or awards have been made against bidder on the basis of bidder's performance in, supplying or installling the same or similar, material) or service, unless such fact is disclosed to the City in the bid. Disclosure may not disqualify the bidder. The City reserves the right to evaluate bids on the basis of the facts surrounding such litigation or arbitration and to require bidder to furnish the City with a surety bond executed by a surety company authorized to do business in the State of California and approved by The City of Chula Vista in a sum equal to one hundred percent (100%) of the contract price conditional on the faithful performance Iby bidder of the contract in the event the bid is awarded to bidder, notwithstanding the litigation or arbitration. 17. Royalties,Licenses and Patents Unless otherwise specified,the bidder shall pay all royalties, license and patent fees. The bidder warrants that the materials to be supplied do not infringe any patent, trademark or copyright and further agrees to defend any and all suits, actions and claims for infringement that are brought against the City, and to defend, indemnify and hold harmless the City from all loss or damages, whether general, exemplary or punitive, as a result of any actual or claimed infringement asserted against the City, the bidder or those furnishing material to bidder pursuant to this contract. 18. Performance Standards Performance of work and acceptability of equipment or materials supplied pursuant to any contract or award shall be to the satisfaction of the City. 2020-0,9-22 Agenda Packet Page 51 of 137 C1W OF IRF13-1318-19/20 CHULA VISTA July 10,2020 Page 12 19. Warranties (a) All material, labor or equipment provided under the contract shall be warranted by bidder and/or manufacturer for at least twelve (12) months after acceptance by City. Greater warranty protection will be accepted. Lesser warranty protection must be indicated by bidder on the bid proposal as an exception (b) Bidder shall be considered primarily responsible to the City for all warranty service, parts and labor applicable to the goods or equipment provided by bidder under this bid or award, irrespective of whether bidder is an agent, broker, fabricator or manufacturer's dealer. Bidder shall be responsible for ensuring that warranty work is performed at a local agency or facility convenient to City and that services, parts and labor are available and provided to meet City's schedules and deadlines. City may require bidder to post a performance bond after contract award to guarantee performance of these obligations. Bidder may establish a service contract with a local agency satisfactory to City to meet this obligation if bidder does not ordinarily provide warranty service. 201. Addenda The effect of all addenda to the bid documents shall be considered in,the bid, and said addenda shall be made part of the bid documents and shall be returned with them,. Before submitting a bid, each, bidder s,hall ascertain whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued may render the bid invalid and result in its rejection. 21. Specifications to Prevail The detailed requirements of the specifications shall supersede any conflicting reference in these General Provisions that are in conflict therewith. 22. Taxes The City willl furnish Exemption Certificates for Federal Excise Tax. The City is liable for State, City and County Sales Taxes. Do not include this tax in the amount bid. However, tax is to be added by the successful bidder to the net amouint invoiced. All or any portion of the City Sales Tax returned to the City will be considered in the evaluation of bids. 23. Conflict of Interest No City employee or elected or appointed member of City government, or member of the employee's immediate family, may participate directly or indirectly in the procurement process pertaining to this bid if they: (a) Have a financial interest or other personal interest that is incompati'ble with the proper discharge of their official duties in the public interest or would tend to impair their independence,judgment or action in the performance of their official duties., (b) Are negotiating for or have an arrangement concerning prospective employment with bidder. The bidder warrants to the best of his knowledge that the submission of the bid will not create such conflict of interest. In the event such a conflict occurs,the bidder is to report it immediately to the Puircha�sinig Agent. For breach or violation of this warranty,the City shall have the right to annul this contract without liability at its discretion,and bidder may be subject to damages and/or debarment or suspension. 24. Gratuities The City may rescind the right of the bidder to proceed under this agreement if it is found that gratuities in the form of entertainment,gifts,or otherwise are offered or given by the bidder,or any agent or representative of the bidder, to any officer or employee of the City with the intent of influencing award of this agreement or securing favorable treatment with respect to performance of this agreement. 2020-0,9-22 Agenda Packet Page 52 of 137 CTW OF RFB-Bl8-19/20 CHULA VISTA July 10,2020 Page 13 25. Faithful Performance Bond Successful bidder may be required to furnish the City with a surety bond conditioned upon the faithful performance of the contract. This may take the form of a bond executed by a surety company authorized to do business in the State of California and approved by the City of Chula Vista, an endorsed Certificate of Deposit, or a money order or a certified check drawn on a solvent bank. The, bond shall be in a sum equal to one hundred percent (100%) of the amount of the contract price. Such bond or deposit shall be forfeited to the City in the event that bidder receiving the contract shall fail or refuse to fulfill the requirements and all terms and conditions of the contract. 26. Insurance Bidder shall provide proof of liability and property damage insurance prior to performance of duties. Coverage shall be from a company authorized to transact business in the State of California and shall be in an amount not less than, $1,000,000 combined single limit (CSQ, unless otherwise specified. The City of Chula Vista shall be named) as an additional insured and thirty (30) days notice of cancellation shall be indicated. Worker's Compensation coverage for each employee engaged in work on City premises is required. Bidder is solely responsible for all insurance premium payments. 27. Indemnification Bidder shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, employees, and agents, from and against all claims for damages, liability, and expenses (iniclluding attorney's fees) arising out of this agreement and/or bidder's performance hereunder, except as to such damages, liability,and expenses due to the sole negligence or willful acts of the City, its officers,employees or agents. 28. Award of Contract (a) Bids will be analyzed and award will be made to the lowest, responsive and responsible bidder whose bid conforms to the solicitation and whose bid is considered to be most advantageous to the City, price and other factors considered. Factors to be considered may include, but are not limited to: bidder's past performance, total uin,it cost, economic cost analysis, life cycle costs, warranty and quality, maintenance cost, durability, the operational requirements of the City and any other factors which willl result in the optimum economic benefit to the City. (b) The City reserves the right to reject any item or items,to waive informalities, technical defects and minor irregularities in bids received; and to select the bid(s) deemed most advantageous to the City. The City will, however,consider bids submitted on an "all or nothing" basis if the bid is clearly designated as such. (c) The City reserves the right to award one or more contracts on the bids submitted, either by award of all items to one bidder or by award of separate items or groups of items to various bidders as the interests of the City may require, unless the bidder clearly specifies otherwise in his bid. (d) For the purpose of evaluating bids for multiple awards, the sum of $100.00 is considered to be the administrative cost to the City for issuing and administering each contract awarded under this solicitation, and individual awards will be made for the items and combinations of items which result in the lowest aggregate price to the City, including such administrative cost. (e), Upon acceptance by the City of Chula Vista, the solicitation,, bid, proposal, or price quotation and a purchase order issued to the successful bidder shall be deemed to result in a binding contract incorporating those terms and these General Provisions without further action required by either party. Items are to be furnished as described in the bid and in strict conformity with all instructions, conditions,, specifications, and provisions in the complete contract, as defined by this clause 28 or any related integrated agreement. 2020-0,9-22 Agenda Packet Page 53 of 137 C1W OF RFB-1318-19/20 CHULA VISTA July 10,2020 Page 14 29. Bid Results To obtain bid results/ either (1) attend bid opening or (2) referencing Ibid number a bid tabulation will be emailed to you upon verification of extensions or(3)visit the Purchasing Department no sooner than three (3) working days after bid opening to review bid tabulation. Due to time constraints, bid results cannot be given out over the phone. 30. Protests Protests by unsuccessful bidders to the selection for award shall be submitted in writing to the Purchasing Agent no later than ten (10) calendar days after award recommendation. The unsuccessful bidder shall have the right to appear at the City Council to protest any award to be confirmed by Council. Failure to submit a timely written protest to the Purchasing Agent shall Ibarconsideration of such protest. 31. Documentation Due to the time constraints that affect contract performance, all required documents,certificates of insurance and bonds shall be provided to the City within ten (10) calendar, days following award or date of request by City, whichever is later. Any failure to comply may result in bid being declared non-responsive and rejected, and at City's option the bid bond may be attached for damages suffered. 32. Discounts (a) Prompt payment discounts offered for payment within less than fifteen (15) calendar days will not be considered in evaluating bids for award. However, offered discounts of less than 15 days will be taken if payment is made within the discount period,even though not considered in the evaluation of bids. (b) In connection with any discount offered, time will be computed from date of delivery and acceptance, or invoice receipt, whichever is later. Payment is deemed to be made for the purpose of earning the discount on the date of mailing of the City check. (c), Any discount offered other than for prompt payment should be included in the net price quoted and not included in separate terms. In the event this is not done,the City reserves the right to accept the discount offered and adjust prices accordingly on the Purchase Order. 33. Seller's Invoice Invoices shall Ibe prepared and submitted in duplicate to address shown on the Purchase Order. Separate invoices are required for each Purchase Order. Invoices shall contain the following information: Purchase Order number, item number, description of supplies or services, sizes, unit of measure, quantity, unit price and extended totals. 34. Inspection and Acceptance Inspection and acceptance will be at destination unless specified otherwise, and will be made by the City department shown in the shipping address or other duly authorized representative of the City. Until delivery and acceptance, and after any rejection, risk of loss will be on the bidder unless loss results from negligence of the City. 35. Lost and Damaged Shipments Risk of loss or damage to items prior to the time of their receipt and acceptance by the City is upon the bidder. The City has no, obligation to accept damaged shipments and reserves the right to return at the bidder's expense damaged merchandise even though the damage was not apparent or discovered until after receipt of the items. 36,. Late Shipments 2020-0,9-22 Agenda Packet Page 54 of 137 C1W OF RIF13-1318-19/20 CHULA VISTA July 10,2020 Page 15 Bidder is responsible to notify the City department receiving the items and the Purchasing Agent of any late or delayed shipments. The City reserves the right to cancel all or any part of an order if the shipment is not made as promised. 37. Document Ownership (a) All technical documents and records originated or prepared pursuant to this contract, including papers, reports, charts, and computer programs, shall be delivered to and become the exclusive property of the City and may be copyrighted by the City. Bidder assigns all copyrights to City by undertaking this agreement. (b) All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this contract shall be the property of the City, and all patents or copyrights shall be assigned to City, unless otherwise agreed. Bidder agrees that City may make modifications to computer software furnished by bidder without infringing(bidder's copyright or any license granted to City. 38. Advertisements,Product Endorsements City employees and agencies or organizations funded by the City of Chula Vista are Iprohibitedl from making endorsements, either implied or direct, of commercial) products or services without written approval of the City Manager. No bidder may represent that the City of Chula Vista has endorsed their product or service without the Purchasing Agent's prior written approval. 39. City Provisions to Prevail Except as indicated in the specifications, the City's standard General Provisions shall govern any contract award.Any standard terms and conditions of bidder submitted by bidder shall not be acceptable to City unless expressly agreed to by the City. The City reserves the right to reject biddler's bid as non-responsive, to consider the bid without bidder's standard terms and conditions, or to require bidder to delete reference to such as a condition of evaluation or award of the bid. If, after award of contract, bidder (contract vendor) shall provide materials or services accompanied by new or additional standard terms or conditions, they too shall be considered void and City may require deletion, as a further condition of performance by vendor. To the extent not otherwise provided for,by the contract documents,the California Commercial Code shall apply. 40. Invalid Provisions In the event that any one or more of the provisions of this agreement shall be found to be invalid, illegal or unenforceable,the remaining provisions shall remain in effect and be enforceable. 41. Amendments and Modifications The Purchasing Agent may at any time, by written order, and without notice to the sureties,, make a modification to the contract or an amendment to the Purchase Order, within the general scope of this contract, in (1) quantity of materials or service, whether more or less; (2) drawings, designs, or specifications, where the supplies to be furnished are to be specially manufactured for the City; (3), method of shipment or packing; and (4) place of delivery. If any such change causes an increase or decrease in the cost or the time required for the performance of this contract, an equitable adjustment shall be made by written modification of the contract or amendment to the Purchase Order. Any claim by the bidder for adjustment under this clause must be asserted within 30 calendar days from the notification date. 42. Assignment Vendor shall not assign or delegate duties or responsibilities under this agreement, in whole or in part, without prior written approval of the City., 2020-0,9-22 Agenda Packet Page 55 of 137 C1W OF RF13-1318-19/20 CHULA VISTA July 10,2020 Page 16 43. Disputes Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this contract which is, not disposed of Iby agreement shall be decided by the Purchasing Agent, who shall reduce this decision to writing and mail a copy to the, bidder. The decision of the Purchasing Agent shall be final and conclusive, unless bidder requests mediation within ten (10) calendar days. Pending final decision of a dispute, the bidder shall proceed diligently with the performance of the contract and in accordance with the Purchasing Agent's decision. 44. Mediation Should an unresolved dispute arise out of this agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within thirty (30) days of a request. The mediator shall be agreed to Iby the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation,or other agreed-upon service. The mediator shall be selected by a Blindfolld@ process. The cost of mediation shall be borne equally by both parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation, and making a good faith, attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than, sixty(60),days, unless the maximum time is extended by both parties. 45. Lawful Performance Vendor shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and Statutes as may be related to the performance of duties under this, agreement. In addition, all applicable permits and licenses required shall be obtained by the vendor,at vendor's sole expense. 46. iBusiness License Chula Vista Municipal Code Section 5.,02.020 requires all vendors doing business with the City to obtain a Business License, Section 5.02.20 states: It is unlawful for any person, or for any person as agent, clerk or employee, either for himself or for any other person, within the corporate limits of the City, to transact, engage in, or carry on any business, show, exhibition or game hereinafter specified without first having procured a license. 47. Annual Appropriation of Funds Multi-year term supply and service contracts ancl leases are subject to annual appropriation of funds by the City Councill. Payments made under term contracts and leases are considered items of current expense. Purchase Orders are funded when, issued; therefore, they are current expense items and are not subject to any subsequent appropriation of funds. In the event sufficient funds are not appropriated for, the payment of lease payments or anticilpatedl term contract payments required to be paid in,the next occurring lease or contract term,, and if no funds are legally available from other sources, the lease or contract may be terminated at the end of the original term or renewal term and the City shall not Ibe obligated to make further payments beyond the then current original or renewal term. The City will provide notice of its inability to continue the lease or contract at such time as the Purchasing Agent is aware of the non-appropriation of funds. However, failure to notify does not renew the term of the lease or contract. The City has no monetary obligation in event of termination or reduction of a term contract since such contracts represent estimated quantities and is not funded as a contract except to the extent of the Purchase Orders issued. 2020-0,9-22 Agenda Packet Page 56 of 137 C1W OF RIFB-B18-19/20 CHULA VISTA July 10,2020 Page 17 48. Extension When in the City's best interest,this agreement may be extended on a daily, month-to-month,or annual Ibasis by mutual agreement of both parties. Services and/or materials received under an extension shall be in accordance with pricing,terms, and conditions,as described herein. 49. Debarment The Purchasing Agent may recommend to the City Council that the person or business be debarred from consideration for award of contracts. The period of debarment will be contingent upon the severity of cause. Causes for debarment include: (a) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or other offense indicating a lack of business integrity or business honesty (b) Violation of contract provisions which is regarded by the Purchasing Agent to be so serious as to justify debarment action, including: (1) Deliberate failure without good cause to perform in accordance with the specifications or, within the time limit provided in the contract;or (2) A recent record of failure to perform or, of unsatisfactory performance in accordance with the terms of one or more contracts; (3) Two or more claims of computational error in bid submission within a two year period. (c), Debarment by another governmental entity. (d) Any other cause the Purchasing Agent deems to be so serious and compelling as to affect responsibility as a City bidder. A bidder,may be permanently debarred for the following causes: (1) Collusion in bidding. (2) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a contract or subcontract with the City of Chula Vista or in the performance of such contract or subcontract. (3) Conviction under State or Federal antitrust statutes arising out of the submission of bids or proposals. 501. Termination The City may terminate this agreement and be relieved of any consideration to the vendor should vendor fail to perform in the manner required. Furthermore, the City may terminate this agreement for any reason without penalty upon giving thirty (30) days written notice to the vendor. In the event of termination,the full extent of City liability shall be limited to an equitable adjustment and payment for materials and/or services authorized by and received to the satisfaction of the City prior to termination, 51. Venue This agreement shall be governed by and interpreted according to the laws of the State of California, and venue for any proceeding shall be in the County of San Diiego. (REV October 2018) 2020-0,9-22 Agenda Packet Page 57 of 137 1W OF RFR-R1 -19/20 CHULA VISTA July l0,2020 Page 18 THIS Is AN EXAMPLE DOCUMENT FOR RFII REVIEW PURPOSES OSES ONLY. THE AWARDS CONTRACTOR WILL BE REQUIRED TO EXECUTE THIS AGREEMENT. ANY PROPOSED CHANGES TO THIS DOCUMENT WILL BE CONSIDERED DURING THE EVALUATION OF THE CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH CONTRACTOR/SERVICE PROVIDER NAME TO PROVIDE SERVICES TO BE PROVIDED] This Agreement is entered into effective as of Enter Date ("Effective Date")' by and between the City of Chula Vista, a chartered municipal corporation "City") and. Contractor/Service Provider Name, Entity Type (e.g. A California Corporation) "Contractor/Service Provider") (collectively, the "Parties" and, individually, a `Party"') with reference to the following facts. RECITALS WHEREAS, Enter Recitals To Describe Basis For Service— See example below 2; and WHEREAS, Enter Recitals To Describe Contractor/Service Provider Selection Process See example below 3; and Enter Additional Recitals As Needed Or Delete This Line 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 1 If City Council approved,insert date of City Council approval. Otherwise,insert a date no later than date Contractor's work. commences. 2 For example: "WHEREAS, City requires [e. ., landscape maintenance] services in order to [e.g.,maintain the public park];"and 3 For example: "WHEREAS, In order to procure these services City solicited proposals in accordance with Chula Vista Municipal Code Section [2.56.080 for contracts exceeding 100,000; 2.56.090 for contracts of $1.0+ ,OOO or less; 2.56.11 0 for `professional services" e.g., architects, lawyers, engineers, environmental], received proposals,and selected Consultant as the most qualified amongst those submitting;and" [OR.,if the project was sole-sourced] "WHEREAS, In order to procure these services Contractor was chosen based on. Contractor's unique qualifications, including ; on this basis, Contractor was awarded the contract on a "sole source" basis under the authority of Chula Vista Municipal. Code section [2.56.070.B.4. for contracts approved by City Council; 2.56.+ 90.8.3.for contracts approved at a staff`level]." [OR,if an alternative procurement process is used] "WHEREAS,In order to procure these services Contractor was chosen Consult with the City Attorney's Office if none of these apply 2020-0,9-22 Agenda Packet Page 58 of 137 CTW OF RFB-B18-19/20 CHULA VISTA July 10,2020 Page 19 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.] 2020-0,9-22 Agenda Packet Page 59 of 137 C1W OF RFB-B18-19/20 CHULA VISTA July 10,2020 Page 20 OBLIGATORY PROVISIONS NOW, THEREFORE,, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Contractor/Service Provider hereby agree as follows: 1. SERVICES 1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the "Deliverables" if any) described in the attached Exhibit A, incorporated into the Agreement by this, reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the "Required Services." 1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City's Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider provide additional services related to the Required Services ("Additional Services"). If so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, "Additional Services" shall also become "Required Services" for purposes of this Agreement. 1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its subcontractors. 1.6 Securit fear 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 2020-0,9-22 Agenda Packet Page 60 of 137 C1W OF RFB-B18-19/20 CHULA VISTA July 10,2020 Page 21 commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1 0, 1.0 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City's information and approval a list of any and all subcontractors to be used by Contractor/Service Provider in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall ensure that each and every subcontractor carries out the Contractor/Service Provider's responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Contractor/Service Provider's commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall. begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item, format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily 2020-0,9-22 Agenda Packet Page 61 of 137 CTW OF RFB-B18-19/20 CHULA VISTA July 10,2020 Page 22 performed, City shall pay Contractor/Service Provider for the invoice amount within thirty (3o) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City's discretion, invoices not timely submitted may be subject to a penalty of up to five!percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the "holdback amount"). Upon City review and determination of Project Completion, the holdback amount will be issued to Contractor Service Provider. 2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider's out-of- pocket costs incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City 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 royal. 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 Reqwired 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. 2020-0,9-22 Agenda Packet Page 62 of 137 C1W OF RFB-B18-19/20 CHULA VISTA July 10,2020 Page 23 33 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of A V or better, or,, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. For Workers' Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City's Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor/Service Provider's insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be "Prim Contractor/Service Provider's general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves Contractor/Service Provider from its responsibility to provide insurance. 3,.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this, Agreement, except after thirty days" prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must procure and put into effect equivalent coverages . 3,.8 Waiver of Subrogation. Contractor/Service Provider's insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service Provider waives any right it may have or may obtain to subrogation. for a claim, against City. 3.9 Verification of Covera e. Prior to commencement of any work, Contractor/Service Provider shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. The words "will 2020-0,9-22 Agenda Packet Page 63 of 137 C1W OF RFB-B18-19/20 CHULA VISTA July 10,2020 Page 24 endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply: a. The "Retro Date" must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a "Retro Date" prior to the effective date of this Agreement, the Contractor/Service Provider must purchase "extended reporting" coverage for a minimum of five (51) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements, must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Contractor/Service Provider's obligations under this Agreement, including Indemnity. 3,.12 Additional Covera To the extent that insurance coverage provided by Contractor/Service Provider maintains higher limits than the minimums appearing in Exhibit B1 City requires and shall be entitled to coverage for higher limits maintained. 2020-0,9-22 Agenda Packet Page 64 of 137 CTW OF RFB-B18-19/20 CHULA VISTA July 10,2020 Page 25 4. INDEMNIFICA'TION 4.1. General. To the maximum extent allowed by law, Contractor/Service Provider 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 Contractor/Service Provider, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor/Service Provider, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves, Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Contractor/Service Provider's obligations under this Section 4 is Contractor/Service Provider's obligation to defend, at Contractor/Service Provider's own cost, expense and risk, any and all suits,, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Contractor/Service Provider's Obligations Not Limited or Modified. Contractor/Service Provider's obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore, Contractor/Service Provider's obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor/Service Provider's other obligations or duties under this Agreement. 4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City incurs in enforcing Contractor/Service Provider's obligations under this Section 4. 4.6 Survival. Contractor/Service Provider's obligations under this Section, 4 shall survive the termination of this Agreement. 2020-0,9-22 Agenda Packet Page 65 of 137 o1W of RFR-R1 -19/20 CHULA VISTA July l0,2020 Page 26 5. FINANCIAL INTERESTS of CONTRACTOR/SERVICE PROVI R. 5.1 Form 700 F The California Political Reform Act and the Chula Nista Conflict of Interest Code require certain government officials and Contractor/Service Proved rs 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. .2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Contractor/Service Provider warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor/Service Provider further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Contractor/Service Provider or Contractor/Service Provider's subcontractors. Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by lav or this Agreement. For breach or violation of any of these warranties,, City shall have the right to rescind this Agreement without liability. . REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Contractor/Ser°vice Provider shall fail to perform the Required Services under this Agreement, in. a proper or timely manner, or if Contractor/Service Provider shall violate any of the other covenants, agreements or conditions of this Agreement (each a "Default"), in addition to any and all. other rights and remedies City may have under this Agreement, at law or in equity, City shall. have the right to terminate this Agreement by giving five 5) days written notice to Contractor/Service Provider. Such notice shall identify the Default and. the Agreement termination date. if Contractor/Service provider notifies City of its intent to cure such Default prior to City's specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider up to ten 1.o) additional days after the designated termination date to effectuate such cure. In the event of a 2020-0,9-22 Agenda Packet Page 66 of 137 CTW OF RFB-B18-19/20 CHULA VISTA July 10,2020 Page 27 ten,nination under this Section 6.1 Contractor/Service Provider shall immediately provide City any and all "Work Product" (defined in Section 7 below) prepared by Contractor/Service Provider as part of the Required Services. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior to Contractor service Provider's receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City, City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall immediately cease all work under the Agreement and promptly deliver all "Work Product" (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services, requested or approved by City in advance that would maximize City's value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims, Requirements and Procedures,. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Govem,i,ngLaw/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. 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, 2020-0,9-22 Agenda Packet Page 67 of 137 C1W OF RFB-B18-19/20 CHULA VISTA July 10,2020 Page 28 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. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively "Work Product") shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may be limited by the provisions of the Public Records, Act or expressly prohibited by other applicable laws,. With respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8., GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed byboth Parties. 8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider's unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City's prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authorit 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 Countelparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with, all, exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the 2020-0,9-22 Agenda Packet Page 68 of 137 CTW OF RFB-B18-19/20 CHULA VISTA July 10,2020 Page 29 Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-Contractor/Service Providers. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider's officers, employees, or agents ("Contractor/Service Provider Related Individuals" �, except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits, to which City employees are entitled, it but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 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 of page. Next page is signature page.) 2020-0,9-22 Agenda Packet Page 69 of 137 C1W OF RFB-B18-19/20 CHULA VISTA July 10,2020 Page 30 SIGNATURE PAGE CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. CONTRACTOR/SERVICE PROVIDER CITY OF CHULA VISTA NAME BY: BY: Enter Name Of Signatory Choose a signatory. Enter Title Of Signatory Choose the signatory's title. ATTEST 4 BY: Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: Glen R. Googins City Attorney 4 Attestation signature only required if the Mayor signs the Agreement. If Mayor is not signing agreement,delete entire attestation signature block. 2020-0,9-22 Agenda Packet Page 70 of 137 C1W OF RFB-B18-19/20 CHULA VISTA July 10,2020 Page 31 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS INSTRUCTIONS: ENTER INFORMATION AS REQUESTED. FOR SECTIONS THAT PROVIDE OPTIONS, SELECT THE CORRECT OPTION. IF YOU WISH TO ATTACH ADDITIONAL INFORMATION RELATED TO EXHIBIT A, PLEASE ATTACH AND LABEL AS EXHIBIT A, ATTACHMENT C T . DELETE OPTIONS NOT SELECTED AND ALL INSTRUCTIONS.. 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration-. Enter City Staff Person Name Enter Mailing Address Enter Phone Number Enter Email Address For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttomey@chulavistaca.gov B. Contractor/Service Provider Contract Administration: CONTRACTOWSERVICE PROVIDER NAME Enter Mailing Address Enter Phone Number Enter Email Address For Legal Notice Copy to: Enter Contractor/Service Provider Staff Person Name Enter Mailing Address Enter Phone Number Enter Email Address 2. Required Services A. General Description: Enter Summary Of Work To Be Performed (e.g. Contractor/Service Provider XYZ Will Provide Customer Service Trainings To City Staff) B. Detailed Description: 2020-0,9-22 Agenda Packet Page 71 of 137 C1W OF RFB-Bl8-19/20 CHULA VISTA July 10,2020 Page 32 Enter Detailed Information About Each Task To Be Performed, Including Task Description, Associated Deliverables, And Completion Date. May Be Written As Narrative Or Table, As Illustrated Below. Delete Table If Not Used. 'Task Descri*ptitin Deliverables Completion Date I Example: Conduct trainings for Provide copy of training City staff materials, sign-in sheet and list of agreed-,upon next steps 2 Enter Additional Lines For Tasks As Needed; Delete Excess Lines 3 4 3. Term-. In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin Enter Date and end on Enter Date for completion of all Required Services. 4. Compensatiow, SELECT ONE OF THE FOLLOWING OPTIONS THEN DELETE ANY OPTION THAT IS NOT APPLICABLE,AS,WELL AS THESE INSTRUCTIONS A. Form of Compensation The line item amounts for completion of the Required Services is reflected on the table below: JINSERT BID SCHED Pa,vment. As full compensation for completion of the Required Services, the City shall pay Contractor for the quantity or percentage of line item of work actually performed in accordance with the Contract Documents. The City's obligation to pay Contractor under this Agreement is subject to and may be offset by charges that apply to the Contractor under this Agreement. Contractor shall honor the above line item unit costs through June 30, 2020. B. Reimbursement of Costs El None, the compensation includes all costs OR F-1 Invoiced or agreed-uponamounts as follows-. Enter or Attach and Reference Any Agreed-Upon Cost Reimbursements 2020-0,9-22 Agenda Packet Page 72 of 137 C1W OF RFB-Bl8-19/20 CHULA VISTA July 10,2020 Page 33 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: CHECK ANY THAT APPLY OR SELECT "NONE,'' AND DELETE ALL INSTRUCTIONS. El Permitted Sub-Contractor/Service Providers: List Permitted Sub-Contractor/Service Providers or Indicate "None" El Security for Performance: Contractor shall procure Performance and Labor and Material Bonds for the Required Services. Such bonds are to be issued by a Surety authorized to transact such business in the State of California and listed as approved by the United States Department of Treasury Circular 570 with an underwriting limitation sufficient to issue bonds in the amount required by the Agreement. Approved entities are listed on the United States, Department of Treasury's website -www.fiscal.treasury.gov/fsrep,orts/ref/suretyBnd/c570.htm. Any renewal certificates required during the course of the Agreement must be renewed and received by the City within fifteen (15) days prior to expiration and must meet the same criteria. No substitutions shall be allowed. DIR/Prevailing Wages,. Contractor and its subcontractors of every tier shall comply with all Federal and State law prevailing wage requirements for all persons employed to perform the Required Services, including but not limited to payment of prevailing wages at the specified rates. The prevailing wage rates are determined by the Department of Industrial Relations (DIR) and are available at the City and on the DIR's,website. Prior to commencing the Required Services, the Contractor shall, provide the City with a list of its subcontractors and the classifications and wages of workers that will be employed to perform the Required Services,. If Contractor desires to modify the list during the term of the Agreement, Contractor shall immediately provide an updated list to the City. To verify compliance with State prevailing wage requirements, Contractor shall be registered with the DIR's online registration of contractors and shall furnish and submit certified payrolls and other required documentation directly to the DIR. Contractor and its subcontractors of every tier shall comply with all requirements of Labor Code section 1776. This Agreement is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1771.4. In addition. to Federal and State law prevailing wage requirements, Contractor shall also comply with the following in its performance of the Required Services: Labor Code 18 10: Hours in legal day's work; Labor Code 1813: Penalty for exceeding legalday's work; and Labor Code 1815-, One and one-half time rate of pay. 2020-0,9-22 Agenda Packet Page 73 of 137 C1W OF RFB-B18-19/20 CHULA VISTA July 10,2020 Page 34 Contractor acknowledges and agrees that a failure to comply with any requirements of this section authorizes the! City to withhold payments under the Agreement. Nothing contained in, or not contained in, this section shall be construed to in any way limit Contractor's obligations to comply with any applicable Federal, State, or local law or regulation. Employment of Apprentices Contractor and its subcontractors of every tier shall comply with all requirements for employment of apprentices as provided by any applicable law or regulation, including but not limited to Labor Code sections 1777.5. 1777.6, and 1777.7. Information regarding apprenticeship standards, wage schedules, and other requirements may be obtained from the DIR. Non-Collusion Affidavit. Prior to commencing the Required Services, Contractor shall provide a fully executed and properly notarized Non-Collusion Affidavit, in the form attached hereto and incorporated herein as Exhibit D. Workers' Compensation Insurance Declaration. Prior to commencing the Required Services, Contractor shall provide a fully executed and properly notarized Workers' Compensation Insurance Declaration,, in the form attached hereto and incorporated herein as Exhibit E. El Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for hisert ofadditional terms, defined as a one-year increment or E (i], Sliecifl.'11(,,.- ,.'I,.)(,,i,,t(�lI'A". if The City Manager or Director of Finance/Treasurer shall, be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to hiset-tl ol'ltiicrease (,,,irActLi(,,td DoILA11- ./\J1i,()Lua for each extension. The City shall give written notice to Contractor/Service Provider of the City's election to exercise the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days, prior to the expiration of the term. El Other: Describe Special Provisions (Delete Line If Not Applicable) El None 2020-0,9-22 Agenda Packet Page 74 of 137 C1W OF RFB-Bl8-19/20 CHULA VISTA July 10,2020 Page 35 EXHIBIT B INSURANCE REQUIREMENTS Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form Fu 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 Endorsement F-1 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 F-1 Workers' $1,000,000 each accident Compensation $1 000,000 disease policy limit Employer's Liability $1,000,000 disease each employee T-1 I Waiver of Recovea"tnctorsement Other fNegotiated Insurance Terms: ENTER ANY ADDITIONAL TERMS OR"NONE'" 2020-0,9-22 Agenda Packet Page 75 of 137 1W OF RFR-R1 -19/20 CHULA VISTA July l0,2020 Page 36 EXHIBIT CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION The Political Reform Act' and the Chula Vista Conflict of Interest Code " ("Code") require designated state and local government officials, including some Contractor/Service .Providers, to male certain public disclosures using a Statement of Economic Interests form (Form ' 00)o . once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also required to comply with certain ethics training requirements 0 7 ❑ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED from disclosure. ❑ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS NS F ly INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Categorydescriptions available at wivw.c. til M vias t c . > m in,leresl-code.) Name Email Address l cable es nation Enter Name of Each. Enter email ❑ A. Full Disclosure Individual Who will Be address(es) El B. Tidied Disclosure .select one or Providi 1W of RFR-R1 -19/20 CHULA VISTA July l0,2020 Page 37 .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 disclo sure, or excluded from disclosure, based on an analysis of the services the Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at 19)691-5041,or the FPPC at 1-866-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 City Staff Person's Name EXHIBIT II NO -CO+ LLUSION .AFFIDAVIT To the City of Chula Vista,Director of Public Works: The undersigned,in submitting a bid for performing the following work by Contract being duly sworn,deposes and says That he/she has not, either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding and has not accepted any deposit from any subcontractor or material supplier through any bid depository, the by-laws, rules, and regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor or material supplier, which is not processed through said bid depository, or which prevent any subcontractor or material supplier from bidding to any Contractor who does not use the facilities or accept bids from or through such bid depository in connection with this Contract. Business Address Company Place of Residence 'Signature of Bidder (Attach ProperNotarization) 2020- 9-22 Agenda Packet Page 77 of 137 C1W OF RFB-B18-19/20 CHULA VISTA July 10,2020 Page 38 EXHIBIT E WORKERS' COMPENSATION INSURANCE DECLARATION Date: I am aware of the provis,ions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to, undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. Signature Contractor State Contractor's License No. Address City/State Phone Number (Attach Proper Notarization) 2020-0,9-22 Agenda Packet Page 78 of 137 CITY OF C.HULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH URBAN CORPS OF SAN DIEGO COUNTY TO PROVIDE POLICE DEPARTMENT FIRST FLOOR NOV TION This Agreement is entered into effective as of September 22, 2020("Effective Date") by and between the City of Chula Vista, a chartered municipal corporation ("City") and Urban Corps of San Diego County, a California co drat' ("Contractor/Service Provider") (collectively, the "Parties" and, individually, a "Party") with reference to the following facts: RECITALS WHEREAS, on July 10, 2020, the City issued Request For Bid (RFB) # B 18-1 20 to seek qualified contractors for the Chula Vista Police Department First Floor Renovation project; and WHEREAS, Contractor/Service Provider was determined to be a responsive and responsible bidder pursuant to the RFB and provided the lowest bid amount,, 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.] ,i City of Chula Vista Agreement No.:2020-1121 Consultant Name:Urban Corps of San Diego count � Rev. 10/24/17 2020-0,9-22 Agenda Packet Page 79 of 137 City of Chula Vista Agreement No.:2020-1121, Consultant Name:Urban Corps of San Diego Count � Rev. 10/24/17 2020-0,9-22 Agenda Packet Page 80 of 137 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Contractor/Service Provider hereby agree as follows: 1. SERVICES 1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the "Deliverable s"(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 Deductions 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, Citi and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City's Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider provide additional services related to the Required Services "Additional Services"). If so, City and Contractor/Service Provider agree to meet and. confer in good faith for the purpose of negotiating g g p rp g ing 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 terns already provided therein. Once added to Exhibit A, "Additional Services" shall also become "Required Services" for purposes of this Agreement. 1..4 Standard of tare. Contractor/Service Provider expressly warrants and agrees that any and all Required. Services hereunder shall be performed in accordance with the highest standard of case 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 Contractor/Service Provider of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its subcontractors. 1.6 Security for Performance. in the event that Exhibit A Section 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. 1.7 tom Bance with Laws. In its performance of the Required Services, Contractor/Service Provider shall comply with any and all applicable federal, state and local laws, including the Chula Nista Municipal. Code. 1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a business license from City. Cit;of u Vista Agreement No.:2020-1121 Consultant Name:R Urban Corps of sin Diego Count�l Rev. 0l24/ 7 2020-0,9-22 Agenda Packet Page 81 of 137 1.9 -Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City's information and approval a list of any and all subcontractors to be used by Contractor/Service Provider in the performance of the!Required Services. contractor service Provider agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall ensure that each and every subcontractor carries out the Contractor/Service Provider's responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Contractor/Service Provider's commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder;provided,however,provisions which expressly survive termination shall remain in effect. 2. COMPENSATION .1 General. For satisfactory performance of the Required Services, City agrees to compensate Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for services performed each month, within thirty (3 o) 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 Pa rent to Contractor/Service Provider. Upon receipt of a properly prepared invoice and confin-nation that the Required Services, detailed in the invoice have been satisfactorily performed, City shall pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms, and conditions set forth in Exhibit A and section 2.4, below. At City's discretion, invoices not timely submitted may be subj ect to a penalty of up to five percent(5%) of the amount invoiced. 2.4 Retention P City shall retain ten percent(10%)of the amount due for Required Services detailed on each invoice (the "holdback amount"). Upon. City review and determination of Project Completion, the holdback amount will be issued to Contractor/Service Provider. 2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider's out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s)provided for in Exhibit A. City 4 Cit;of Chula Vista Agreement No.:2020-1121 Consultant Name:Urban Corps of San Diego Count � Rev. 10/24/17 2020-0,9-22 Agenda Packet Page 82 of 137 shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines that contractor Service Provider is not entitled to receive any amount of compensation already paid, City will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of performance of Required Services,under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the "Required Insurance"). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of A V or better, or, if insurance is placed with a surplus lines, insurer, insurer must be listed on the State of California List of Eligible Surplus, Lines Insurers (L,ESLI with a current A.M. Best's rating of no less than A X. For Workers' Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Contractor/Service Provider must include all, sub-Contractor/Service Providers/sub- contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its,policies.Any separate coverage for sub-Contractor/Service Providers must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B, or as may otherwise be specified by City's Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor/Service Provider's insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be ".Prim Contractor/Service Provider's general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves Contractor/Service Provider from its responsibility to provide insurance. 5 Cit;of Chula Vista Agreement No.:2020-1121 Consultant Name:Urban Corps of San Diego Count � Rev. 10/24/17 2020-0,9-22 Agenda Packet Page 83 of 137 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement,except after thirty days' prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must procure and put into effect equivalent coverages . 3.8 Waiver of Subroization. Contractor/Service Provider's insurer(s)will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service Provider waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. The words"will endeavor" and"but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. .1 o 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 comp�letion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the effective date of this Agreement, the Contractor/Service Provider must purchase"extended reporting"coverage for a minimum of five(5)years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Contractor/Service Provider's obligations under this Agreement, including Indemnity. 3.12 Additional Cover . 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. (i Cit;of Chula Vista Agreement No.:2020-1121 Consultant Name:Urban Corps of San Diego Count � Rev. 10/24/17 2020-0,9-22 Agenda Packet Page 84 of 137 4. INDEMNIFICATION .1. General. To the maximum extent allowed by law, Contractor/Service Provider 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 Contractor/Service Provider, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor/Service Provider, its employees, agents or officers, or any third party. .2. Modified Indemnity where Agreement Involves Resign Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2752.8, 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 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. Subaect 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 Provider's Obligations Not limited or Modified. Contractor/Service Provider's obligations under this Section 4 shall not be limited to insurance proceeds, if any,received by the Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore, Contractor/Service Provider's obligations under this Section 4 shall in no moray limit, modify or excuse any of Contractor/Service Provider's other obligations or duties under this Agreement. .5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City incurs in enforcing Contractor/Service Provider's obligations under this Section 4. 4.6 Survival. Contractor/Service Provider's obligations under this Section 4 shall survive the termination. of this Agreemern:t. 5. FINANCIAL INTERESTS of CONTRACTOR/SERVICE PROVIDER. 5.1. Form 700 .Silin The California Political Reform Act and the Chula "Nista Conflict of Interest Coda 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.:2020-1.121 Consultant Name:R Urban.Carps of San Diego Count�l Rev. 0l24/ 7 2020-0,9-22 Agenda Packet Page 85 of 137 5.2 'Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to file a Form 7 , Contractor/Service Provider warrants and represents that it has disclosed to City any economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Contractor/Service Provider warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Co�ntractor/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. 6. REMEDIES 6.1 'Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider shall violate any of the other covenants, agreements or conditions of this Agreement each a "Default"), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If Contractor/Service Provider notifies City of its intent to cure such Default prior to City's specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider up to ten (1 0) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any and all "Work Product" (defined in Section 7 below) prepared by Contractor/Service Provider as part of the Required Services. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior to Contractor service Provider's receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination. or Suspension for Convenience of Cily. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall immediately cease all work under the Agreement and promptly deliver all "Work Product"(defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the term in ati on/suspens ion notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City's value under the Agreement. 8 Cit;of Chula Vista Agreement No.:2020-1121 Consultant Name:Urban Corps of San Diego Count � Rev. 10/24/17 2020-0,9-22 Agenda Packet Page 86 of 137 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended,the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 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. 7., OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively "Work Product") shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product,without requiring any permission of Contractor/Service Provider,except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8., GENERAL PROVISIONS 8.1 Amendment. This Agreement maybe amended, but only in writing signed by both Parties. 8.2 or Contractor/Service Provider's nment. City would not have entered into this Agreement but f unique qualifications and traits. Contractor/Service Provider shall, not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City's prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 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 9 Cit;of Chula Vista Agreement No.:2020-1121 Consultant Name:Urban Corps of San Diego Count � Rev. 10/24/17 2020-0,9-22 Agenda Packet Page 87 of 137 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-parts. This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire! Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all data, documents,, reports, records, contracts, and supporting materials, relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of subs-contractor /subs-Contractor/Service Providers. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions, of the Parties. 8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as, to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider's officers, employees, or agents ("Contractor/Service Provider Related Individuals"), except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its, Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 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 of page. Next page is signature page.) to City of Chula Vista Agreement No.:2020-1121 Consultant Name:Urban Corps of San Diego Count � Rev. 10/24/17 2020-0,9-22 Agenda Packet Page 88 of 137 SIGNATURE PAGE CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. URBAN CORPS OF SAN DIEGO COUNTY CITY OF CHULA VISTA BY: BY: MARY CASILLAS SALAS KYLE KENNEDY CHIEF EXECUTIVE OFFICER MAYOR ATTEST BY: Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM B Y.- Glen R. Googins City Attorney City of Chula Vista Agreement No.:2020-1121 Consultant Name:Urban Corps of San Diego count � Rev. 10/24/17 2020-0,9-22 Agenda Packet Page 89 of 137 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: ,Chula Vista Police Department Jonathan Alegre, Police Administrative Services Administrator 315 Fourth Avenue Chula Vista CA 91910! (619) 476-2570� jalegre@chulavistapd.or g, For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA "9`1"9`10 619-691-5037 CityAttomey@chulavistaca.gov B. Contractor/Service Provider Contract Administration: U RBANI CORPS OF SAN DIEGO COUNTY 3127 Jefferson Street, San Diego, CA 921.10 1 235-6884� kkennedy@urbancorps.org For Legal Notice Copy to: [same as above] 1 2. Required Services A. General Description: �Contractor/Service Provider will provide tenant improvement services to the Chula Vista Police Department Facility First Floor as specified in Request For Bid # B 18-19/20, which is attached hereto and incorporated herein as Attachment L , B. Detailed Description: Scope of work: • Approximately 2,750 square feet of tenant improvement to existing office areas, per plan. • Combining two existing open office spaces to one and adding a separated real-time crime office area with new media wall. • Creating access to existing watch command from new real-time crime area. • Restrooms serving first floor office area of work to receive ADA upgrades, per drawings. 12 City of Chula Vista Agreement No.:2020-1121 Consultant Name:Urban Corps of San Diego count � Rev. 10/24/17 2020-0,9-22 Agenda Packet Page 90 of 137 • Demo of existing storage room and small. meeting room. • Demo of 2 doors at existing corridor. • Demo of all existing carpet within area of work(coordinate with owner) and removal of existing systems furniture - coordinate salvage with owner. • Demo of non-rated partition wall at community relations office. • New recessed 2x4 lighting throughout existing 2x2 ceiling and -partial new ceiling grid, refer to ceiling plan and electrical. • New lighting at new gyp. Entry soffit refer to ceiling plan and electrical. • New full height wall and door at real-time crime area, new door at watch commander and wall infills at rated corridor. • New electrical work- refer to electrical plans in RFB # B 18-19/20. • No change in occupancy. • Sprinkler system is existing to remain. • Furniture, carpet and equipment by others - coordinate with owner. • New rubber base throughout. • Paint throughout area of work and at corridor, see finish plan in IOFB #B 18-19/20. • No exterior work. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin September 151 2020 and end on'March 31, 202 1 for completion of all Required Services. 4. Compensatiow, 1 � A. For of Compensation Fixed Fee: For performance of all of the Required Services by Contractor/Service Provider as herein required, City shall pay a fixed fee of $135,737.95 for completion of all Required Services to City's satisfaction. In accordance with Section 2.2, Contractor/Service Provider shall provide invoices specifying in detail the total percentage of work completed to City's satisfaction. Progress,payments,shall be made in accordance with Section 2.3 based on the percentage of work completed to City's satisfaction. B. Reimbursement of Costs, FX None, the compensation includes all costs. Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through March 31, 2021shall not exceed $135,737.9$. 5. Special Provisions- � El,Permitted Sub-Contractor/Service Providers: 'None. 0 Security for Performance: Contractor shall procure Performance and Labor and Material Bonds for the Required Services. Such bonds are to be issued by a Surety authorized to transact such business in the State of California and listed as approved by the United States Department of Treasury Circular 570 with an underwriting limitation sufficient to issue bonds in the amount required by the Agreement. Approved entities are listed on the United States Department of Treasury's website-www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c51O.h.trr .Any iiiiiiiiiiiiiiiiiiiiill��illillillillillillilliillillillillillI iiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliilli�illillillillillillilliillillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillilI 1131 Cit;of Chula Vista Agreement No.:2020-10 Consultant Name:Urban Corps of San Diego Count � Rev. 10/24/17 2020-0,9-22 Agenda Packet Page 91 of 137 renewal certificates required during the course of the Agreement must be renewed and received by the City within fifteen (1 5) days prior to expiration and must meet the same criteria. No substitutions shall be allowed. 0 DIR/Prevailing Wages. Contractor and its subcontractors of every tier shall comply with all Federal and State law prevailing wage requirements for all persons employed to perform the Required Services, including but not limited to payment of prevailing wages at the specified rates. The prevailing wage rates are determined by the Department of Industrial Relations (DIR) and are available at the City and on the ISI 's website. Prior to commencing the Required Services, the Contractor shall provide the City with a list of its subcontractors and the classifications and wages of workers that will be employed to perform the Required Services. If Contractor desires to modify the list during the term of the Agreement, Contractor shall immediately provide an updated list to the City. To verify compliance with State prevailing wage requirements, Contractor shall be registered with the DIR's online registration of contractors and shall furnish and submit certified payrolls and other required documentation directly to the DIR. Contractor and its subcontractors of every tier shall comply with all requirements of Labor Code section 1776. This Agreement is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1771.4. In addition to Federal and State law prevailing wage requirements, Contractor shall also comply with the following in its performance of the Required Services: Labor Code 1.810: Hours in legal day's work; Labor Code 1813: Penalty for exceeding legal day's work; and Labor Code 1.81.5: One and one-half time rate of pay. Contractor acknowledges and agrees that a failure to comply with any requirements of this section authorizes the City to withhold payments under the Agreement. Nothing contained in, or not contained in, this section shall be construed to in any way limit Contractor's obligations to comply with any applicable Federal, State, or local law or regulation. FX E!pIoent of Apprentices. Contractor and its subcontractors of every tier shall comply with all requirements for employment of apprentices as provided by any applicable law or regulation, including but not limited to Labor Code sections 1777.5, 1777.6, and 1777.7. Information regarding apprenticeship standards, wage schedules, and other requirements may be obtained from the DIR. FX1 Liquidated Kama es. Contractor's failure to complete the Required Services within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for completion of the Required Services plus additional days duly authorized and approved in writing by the City, Contractor shall pay City, or have withheld monies due it, the sum of$250 per calendar day. Execution of the Agreement shall constitute an. agreement by City and Contractor that the liquidated damage amount specified herein is the minimum value of the costs and actual damage caused by the failure of Contractor to complete the Required Services within. the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillI iiiiiiiiiiiiiiiiiiiiiillillillillillillilliilillillillillillillilillillilillllillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillill�illillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillilillillillilI 14 Cit;of Chula Vista Agreement No.:2020-1121 Consultant Name:Urban Corps of San Diego Count � Rev. 10/24/17 2020-0,9-22 Agenda Packet Page 92 of 137 LrZ_\j Non-Collusion Affidavit. Prior to commencing the Required Services, Contractor shall provide a fully executed and properly notarized Non-Collusion Affidavit, in the for attached hereto and incorporated herein as Exhibit D. 0 Workers' Compensati on Insurance Declaration. Prior to commencing the Required Services, Contractor shall de a fully executed and properly notarized Workers' Compensation Insurance Declaration, in the form provide 1 attached hereto and incorporated herein as Exhibit E. ,1,5 City of Chula Vista Agreement No.:2020-1121 Consultant Name:Urban Corps of San Diego Count � Rev. 10/24/17 2020-0,9-22 Agenda Packet Page 93 of 137 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 O General ability. $2,000,000 per occurrence for Insurance Services Office Form Including products and bodily injury, personal injury CO OO 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 trice the required occurrence limit Additional Insured Endorsement *Must be primary and must not or Blanket AT Endorsement for exclude ProductslCompleted city* Operations Waiver of Recovery_Endorsement 0 Automobile Liability $1,000,000 per accident for bodily Insurance Services Office dorm. injury, including death, and CA. 00 01 property damage Code 1-Any Auto "ode 8-Mired Code 9-Non Owned 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 Other Negotiated Insurance Terms: None. ,K6 City of Chula Vista Agreement No.:2020-1.121 Consultant Name:R Urban.Corps of San Diego count�l Rev. 0l24/ 7 2020-0,9-22 Agenda Packet Page 94 of 137 EXHIBIT C CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION The Political Reform Act' and the Chula Vista Conflict of Interest Code2 ("Code") require designated state and local government officials,including some Contractor/Service Providers,to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public, in addition, CCantractor/service Providers designated to file the Form 00 are also required to comply with certain ethics training requirements. A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4 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 (SASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca. o,y dea�tn eats/pit - �� o ct-,o st- ' .,� Name .remail Address Applicable Des nation El A. Full Disclosure El B. Limited Disclosure (select one or more oaf the categories under which the Contractor shall file).. 1. . . E14. w E16. E17. Justification: X C. 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/ Provider,"pursuant to FPPC Regulation 18700.3,must file a Form 700. 2.1equired 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,Neffile, within 30 days of the approval of the Agreement. Additional Form 700 failings will be required annually on April I during the term of the Agreement, and within.30 days of the termination of the Agreement. .Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as ffill disclosure, limited disclosure, or excludedftom disclosure, based on an analysis of the services the Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the Contractor/Service Provider is ultimately responsible for complying with FPPC: regulations and filing requirements. If you have any questions regarding filing requirements,please do not hesitate to contact the City Clerk at(619)691-5041, or the FPPC at l_ _A.SK-FPPC, or(866)275-3772 *2. Pursuant to the duly adopted City of Chula Nista Conflict of Interest Cede,this document shall serve as the written. determination of the Contractor's requirement to comply with the disclosure requirements set forth in the Code. 1 Cal. Gov. Cade §§8 1 O00 et seq.;: PPC;: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 Jn fied School District(2015)237 Cal.App.4"261;FPP,C Reg. 18700.3 (Consultant defined as an"individual"who participates in making a governmental decision; "individual"'does not include corporation or limited liability company). iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillilililI 17 City+ u Vista Agreement�T�.2020-1121 Consultant Name:R Urban Corps of sin Diego Count�l Rev. 0l24/ 7 2020-0,9-22 Agenda Packet Page 95 of 137 Completed by �on cath an Alegre EXHIBIT D NON-COLLUSION AFFIDAVIT To the City of Chula Vista, Director of Public Works: The undersigned, in submitting a bid for performing the following work by Contract being duly sworn, deposes and says: That he/she has not,either directly or indirectly entered into any agreement,participated in any collusion,or otherwise taken any action in restraint of free competitive bidding and has not accepted any deposit from any subcontractor or material supplier through any bid depository, the by-laws, rules, and regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor or material supplier, which is not processed through said bid depository, or which prevent any subcontractor or material supplier from bidding to any Contractor who does not use the facilities or accept bids from or through such bid depository in connection with this Contract. Business Address Company Place of Residence Signature of Bidder (Attach Proper Notarization) 18 City of Chula Vista Agreement No.:2020-1121 Consultant Name:Urban Corps of San Diego Count � Rev. 10/24/17 2020-0,9-22 Agenda Packet Page 96 of 137 EXHIBIT WORKERS' COMPENSATION INSURANCE DECLARATION Date I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers'Compensation or to undertake self-insurance in accordance with the previsions of that code,and I will comply with such provisions before commencing the performance ofthe work of'this Contract. Signature Contractor State Contractor's License No. .Address City/State Rhone Number (Attach Proper Notarization) F 9 City of Chula Vista Agreement No.:2020-1.121 Consultant Name:R Urban.Carps of San Diego Count�l Rev. 0l24/ 7 2020-0,9-22 Agenda Packet Page 97 of 137 zmr, ..' l v r r C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA IS e,ptember 2 2,,202 0 File ID: -0330 „MITI A. RESOLUTION of THE CITY COUNCIL OF' THE CITY of CHULA VISTA ADOPTING AN ANNEXATION MAP SHOWING TERRITORY PROPOSED To BE ANNEXED To IMPROVEMENT AREA "C" of COMMUNITY FACILITIES DISTRICT No. 97- (PRESERVE MAINTENANCE DISTRICT) B. RESOLUTION OF THE CITY COUNCIL of THE CITY of CHULA VISTA DECLARING ITS INTENTION To AUTHORIZE THE ANNEXATION of TERRITORY To COMMUNITY FACILITIES S DISTRICT NO. 97- (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA"C"THERETO ACTIONRECOMMENDED Council conduct the public hearing and adopt the resolutions. SUMMARY Bonita Glen Investors,LLC has requested the City conduct proceedings to consider the annexation of territory into Improvement Arca ""C" of Community Facilities District No. 7-2 (Preserve Maintenance District) (CFI No. 97-2).The conditions of'approval of the tentative map for Bonita Glen require that,said annexation be a condition of the first final map of the project. CFD No. 97-2 was farmed in 1998, and funds the maintenance of areas that have been conveyed to the preserve in accordance with the otay Ranch Resource Management Plan..'The City has retained the services of v° illdan Financial Services as special tax consultant and Best,Best Krieger LLP as legal counsel to provide assistance during the proceedings.Tonight's action will initiate the formal proceedings to consider the annexation of Bonita Glen to CFD No. 97-2 and Improvement.Area "C" thereof. 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 150601(c)(3) no environmental ental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not Applicable. DISCUSSION In July 199' , Council formed CFD No. 7-2 (Preserve Maintenance District). CFD No. 97-2 was originally divided into two Improvement Areas: Improvement area A and Improvement Area B. Improvement Area A 1 . 0 0 1 P IiI 1 2020-0,9-22 Agenda Packet Page 98 of 137 funds the cost of the Resource Monitoring Program,as well as Preserve Operations and Maintenance within the boundaries of the Otay Ranch Preserve. Improvement Area B only funds the Resource Monitoring Program within that same area. Improvement Area "C" was formed in 2003, in conjunction with the annexation of Brookfield Shea Otay Village Eleven into CFD No.97-2,and funds both the Resource Monitoring Program and Preserve Operations and Maintenance, consistent with the requirements of the Otay Ranch Resource Management Plan Phases I and 111, and includes the pro-rata share of administrative, expenses of CFD No. 97-2. Territory Proposed to be Annexed The proposed boundaries of the territory proposed to be annexed to Improvement Area"C" of CF'D No.97-2 encompasses the parcels located within the Otay Ranch known as Bonita Glen. Bonita Glen is approximately 4.73 acres located on the north side of Bonita Glen Drive just west of its intersection with Vista Drive and south of the La Quinta Inn and the 1-805 Freeway. Bonita Glen Investors, LLC owns the property within the proposed annexation area, and the project is proposed to include approximately 170 apartment units. Staff has reviewed the proposed annexation boundary map,identified as Annexation Map No. 11 to CFD No.97-2, and has found it ready and acceptable for approval by Council. A reduced copy of the map is presented as Attachment 1. Proposed special Tax The rate and method of apportionment of the special taxes authorized to be levied within the existing boundaries of CFD No. 97-,2 has four categories of taxation,as follows: • All developed Single Family and Multi-Family Residences for which a building permit has been issued are taxed based on the square footage of the structure. Developed Industrial and Commercial parcels are taxed on the acreage of the Parcel. • All final-mapped residential, industrial and commercial parcels for which a building permit has not been issued are taxed based on the acreage of the parcel. • Property not categorized as Developed or Final Mapped Property is taxed based on the acreage of'the parcel. • Exempt property includes all publicly owned parcels and Homeowner's Association parcels. These are not subject to the special tax. The proposed maximum special tax rates in the rate and method of apportionment were determined at the time of formation of CFD No. 97-2 in 1998. Collection of'Taxes At the beginning of'each fiscal year,the City shall determine the amount of Special Tax Liability(budget plus reserve) of each Improvement Area. Then, the special taxes will first be levied within each of the Improvement Areas on the Developed Parcels therein to fund the Special Tax Liability for such Improvement Area. If this pool of funds is not enough to fund the Special Tax Liability for such Improvement Area,as may be the case in the early years of development,the district will levy the special tax on the vacant land within such Improvement Area,starting with Final Mapped Property. The special taxes on vacant land covering any portion of the Special Tax Liability not funded from special taxes on Developed Parcels within an Improvement Area will cease once the Improvement Area has been fully developed. If the Special Tax P 12 2020-0,9-22 Agenda Packet Page 99 of 137 Liability for any fiscal year for an Improvement Area is less than the maximum special tax authorized to be levied on the Developed Parcels within such Improvement Area, the actual rate of the special taxes to be levied on such Developed Property in that specific year will be reduced accordingly. Following is a brief discussion of some key issues relating to the Rate,and Method of Apportionment(RMA) of Special Taxes"proposed to be established for the territory to be annexed to Improvement Area"C)) of CFD No. 97-2 (See Attachment 2 for the full RMA document): • The Maximum Special Tax rates increase each year by a factor equal to the annual percentage change in the San Diego Consumer Price Index. • The RMA provides that the annual budget for any year may include an amount deemed necessary to maintain an adequate level of the operating reserve fund., • The maximum special tax rates are based on the original Rate and Method of Apportionment of special taxes established for CFD No. 97-2 when it was formed. If the actual square footage of residential development and/or the acreage of non-residential (industrial and commercial) development within Improvement Area"C"meets or exceeds the estimates on which the special tax rates were based,the actual special tax rate levied annually within Improvement Area"C"to fund the Special'Tax Liability for Improvement Area C may be less than the authorized maximum special tax. Approved Maximum Special Taxes The approved maximum special tax rates for Fiscal Year 2020/2021 for Improvement Area "C" of CFD No. 97-2 are as follows: Table 1 --Maximum Special Tax for Monitoring Special Tax Category Maximum Special Tax(Monitoring) Category I - Residential (per square foot) $0.0084 Category I - Non-Residential (per acre) $136.67 Category 11 - Final Mapped Property(per acre) $136.6,7 Category III-Undeveloped Property(per acre) $88.21 Table 2 -Maximum Special Tax for Operations&Maintenance Special Tax Category Maximum Special Tax Operations&Maintenance Category I -Residential (per square foot) $0.0134 Category I -Non-residential (per acre) $216.97 Category 11 -Final Mapped Property(per acre) $216.97 Category III -Undeveloped Property(per acre) $140.04 DECISION-MAKER C'ONFLIC"T Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 1,section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal.Gov't Code §87 100,, et seq.),. P : ge 3 2020-0,9-22 Agenda Packet Page 100 of 1.37 CURRENT-YEAR FISCAL IMPACT All costs of formation of the district are,being borne by the developer and the on-going administration will be funded entirely by the district. The City will recover the full cost of staff time expended in district formation and administration activities in perpetuity. ONGOING FISCAL IMPAM" There is no ongoing fiscal impact to the General Fund as a result of this action. All ongoing costs will be paid by CFD No., 97-2. ATTAC14MENTS 1. Boundary Map 2. RMA Staff Contact.- Kimberly Vander Bie P 4 2020-0,9-22 Agenda Packet Page 101 of 137 VICINITY MAP ANNEXATION MAP NO. 11 OF SHEET 1 OF 1 COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) CITY OF CHULA VISTA COUNTY OF SAN DIEGO,STATE OF CALIFORNIA 10 FST BONITA FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CHULA VISTA THIS DAY 20_. CITY CLERK CITY OF CHULA VISTA STATE OF CALIFORNIA �o s SITE .„ I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF ANNEXATION MAP NO.11 TO COMMUNITY FACILITIES DISTRICT NO.97-2(PRESERVE MAINTENANCE DISTRICT)OF THE CITY OF CHULA VISTA,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA AT A REGULAR MEETING THEREOF,HELD ON THE DAY OF H 20—,BY ITS RESOLUTION NO. CITY CLERK CITY OF CHULA VISTA STATE OF CALIFORNIA FILED THIS DAY OF 20-AT THE HOUR OF O'CLOCK_.M. _..m IN BOOK , PAGE OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF SAN DIEGO,CALIFORNIA. COUNTY RECORDER COUNTY OF SAN DIEGO STATE OF CALIFORNIA THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL ENCOMPASSED BY THIS MAP SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE SAN DIEGO f COUNTY ASSESSOR'S MAPS. THE SAN DIEGO COUNTY ASSESSOR'S MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS. O C�0 o MAP REFERENCE ASSESSOR'S ® N UMBER PARCEL NUMBER o` 1 5701311100 -_.." 2 5701404000 _ _..,. 3 5701404800 ................... 4 5701405100 N 5 5701405400 Legend ANNEXATION BOUNDARY V V I L L DA N O MAP REFERENCE NUMBER Financial Services 2020-09-22 Agenda Packet Page 102 of 137 Rall and IVIethod of' Apportionment of SpIAS cial "Tax R 1111111111 cilty 011111111 Chula Vista I a a ij� a c i'll il't i le s U�st�rict �I'qo. 97-2 (RIIESERVE MAINTENX1114CE DISTRICT) III uuuol A�rea "C" No,. A Special Tax of Community Facilities District No. 97-2 (Preserve Maintenance District) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Annexation No. 11 of Improvement Area "C" of the CFD and collected each Fiscal Year commencing with Fiscal Year 2021-2022 in an amount determined through the application of the rate, and method of aportionment of the Special Tax set forth below. All of the real property within Annexation No. 11 of Improvement Area "C" of the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicab,le Final Subdivision Map, other final map, other parcel map, other condominium plan, or functionally equivalent map or, instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the, Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "'Administrative Expenses"' means the actual or estimated costs incurred by the City, acting for and on behalf of the CFM as the administrator thereof, to determine, levy and collect the Special Taxes, including salaries of City employees and a proportionate, amount of the City's general administrative, overhead related thereto, and the fees of consultants and legal counsel providing services related to the, administration of the CFD; the, costs of collecting installments 2020-0,9-22 Agenda Packet Page 103 of 1.37 of the Special Taxes; and any other costs required to administer Area "C" of the CFD as determined by the City. "Assessor's Parcel" or "'Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "Building Square, Foot or Square Footage" means the square footage as shown on an Assessor's Parcel's building permit of Residential Property excluding garages or other structures not used as living space., "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD" means Community Facilities District No. 97-2 (Preserve Maintenance District) of the City of Chula Vista. "City" means the City of Chula Vista., "City CII&V means the City Clerk for the City of Chula Vista or his or her designee. "City Manager" means the City Manager for the City of Chula Vista or his or her designee. "Community Purpose Facility Property" or "C,PF Property" means all Assessor's Parcels which are classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2883. "Council" means the City Council of the City of Chula Vista, acting as, the legislative body of the CFD. "County" means the County of San Diego, California. "Developed Property" means all Taxable Property for which a building permit was issued prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied. "Final Map, Property" means any residential lot or non-residential lot created by a Final Subdivision Map, but which is not classified as Developed Property. "Final Subdivision Map" means a subdivision of property creating residential or non-residential buildable lots by recordation of a final subdivision map or parcel imap pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which 2 2020-0,9-22 Agenda Packet Page 104 of 1.37 building permits may be issued without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "'Fiscal Year"' means the period starting July 1 and ending on the following June 30. "Improvement Area C" or "Area C" means Improvement Area "C" of the CFD, as identified on the boundary map for the CFD, as amended from time to time. "'Land Use Class" means any of the classes listed in Table 1, Table 2, or Table 3. "'Maximum Special Tax" means the maximum Special Tax,, determined in accordance with Section C below that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permits) has been issued for a structure or structures,for non-residential use. "Operating Fund"" means a fund that shall be maintained within the CFD for each Fiscal Year to pay for Resource Monitoring and/'or Preserve Operations and Maintenance activities and Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Operating Fund Requirement" means for any Fiscal Year an amount equal to the Resource, Monitoring Fund Requirement and the Preserve Operations and Maintenance Fund Requirement for the current Fiscal Year in which Special Taxes are levied. "Preserve Operations and Maintenance" means those activities described in Attachment A hereto which is incorporated herein by this reference. "Preserve Operations and Maintenance Fund Requirement" means for any Fiscal Year an amount equal to the budgeted costs for Preserve Operations and Maintenance plus a pro-rata share of the budgeted Administrative Expenses of the District for, the current Fiscal Year in which Special Taxes are levied. "'Property Owner Association Property"' means any property within the boundaries, of Area "C" of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub association. "'Public Property" means any property within the boundaries of Area "C" of the CFD that is, at the time of the CFC formation, expected to be used for any public purpose and is owned by or dedicated to the federal government, the State, the County, the City or any other public agency. "Reserve Fund"' means a fund that shall be maintained for the CFD each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, working capital to cover monitoring, maintenance and repair cost overruns, and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies. 3 2020-0,9-22 Agenda Packet Page 105 of 1.37 "'Reserve, Fund Balance" means the amount of funds in the Reserve Fund at the end of the receding Fiscal Year. "'Reserve, Fund Requirement" means an amount equal to up to 100% of the operating Fund Requirement for any Fiscal Year. ""Residential Property"' means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of'constructing one or more residential dwelling unit. ""Resource (Management Plan" means the Otay Ranch Phase 1 Resource Management Plan also referred to as "The Otay Ranch Resource Management Plan" dated October 28, 1993, and the Otay Ranch Phase 2, Resource IManagement Plan dated June 4, 19916, as both such plans may be amended from time to time. "Resource Monitoring Program" means those described in Attachment B hereto which is incorporated herein by this reference. "Resource Monitoring Fund Requirement" means for any Fiscal Year an amount for each Improvement Area equal to the Improvement Area's fair share of the budgeted costs of the Resource Monitoring Program plus a pro rata share of the budgeted Administrative Expenses of the CFD for the current Fiscal Year in which Special Taxes are levied. Improvement Area "Cs" "`fair share" shall be based on Improvement Area "C's" percentage of the total acreage within the Otay Ranch General Development Plan IPlanning Area for which a Resource Monitoring Program funding mechanism has been established. "Special Tax" means the Special Tax levied pursuant to the provisions of sections C and Blow in each Fiscal Year on each Assessor's (Parcel of Developed Property and Undeveloped Property in Area "C" to fund the Special Tax Requirement. ""Special TaxRequirement" means that amount required in any Fiscal Year for Area "C" to: (i) ay the Resource Monitoring Fund Requirement, and Preserve Operations and Maintenance Fund Requirement, less the Operating Fund Balance, and (ii) pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (iii) pay for reasonably anticipated delinquent Special Tars based on the delinquency rate for Special Taxes levied in the previous Fiscal Year. "".State" means the. State of California. "'Taxable Property" means all of the Assessor's Parols within the boundaries of Area "C" of the CFD that are not exempt from the Special Tax pursuant to law or as defined below. ""Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. B, ASSIGNMENT TO CATEGORIES OF SPECIAL TAX Each Fiscal Year using the definitions above, all Taxable Property within Annexation No., 11 of Improvement Area "C" of the CFD shall be classified as Category 1, Category 11, Category III or. Exempt as defined in Section C. The Taxable Property shall further be classified as Developed Property, Final Map Property or Undeveloped Property and shall be subject to Special Takes 2020-0,9-22 Agenda Packet Page 106 of 137 pursuant to Sections C and D below. Developed Property shall be further assigned to a Land Use Class as specified in Table 1. C, MAXIMUM SPECIAL TAX RATE CATEGORY I Category I includes Developed Property within the District ("Category I"). The Maximum Special Tax for the Resource Monitoring Program and Preserve Operations and Maintenance for Fiscal Year 2020-2021 on Developed Property are the rates set forth in Table 1 below. For Residential Property,, the Special Tax shall be, levied based upon Building Square Footage and for Non-Residential Property shall be levied based on Acreage. TABLE 1 Maximum Special Tax for Category I Community Facilities District No. 97-2 Improvement Area " " (Fiscal Year 2020-2021) Description Resource Operation & Total Monitoring Maintenance Residential $0.008,4/sq ft $0.0134/sq ft $0.0218/sq ft Non-Residential $136.67/acre $216.97/acre $353.64/acre CATEGORY 11 Category 11 includes each Assessor's Parcel of Taxable Property within the District for which a Final Map has been recorded, but which is not classified as a Developed Parcel ("Category 11"). The Maximum Special Tax for the Resource Monitoring Program, and Preserve Operations and Maintenance approved for Fiscal Year 2020-2021 on each Assessor's Parcel in Category 11 is the rate set forth in Table 2 below (said amount to be levied pro rata for any portion of an Acre). TABLE 2, Maximum Special Tax for Category 11 Community Facilities District No. 97-2 Improvement Area "C" (Fiscal Year 202,0-2021) Resource Operation & Tota I Monitoring Maintenance $x.36.67/acre $216.,97/acre $353.64/acre 2020-0,9-22 Agenda Packet Page 107 of 1.37 CATEGORY 1111 Category III includes each Assessor's Parcel of Taxable Property within the District not subject to Special Tax under any other category ("Category 111"). The Maximum Special Tax approved for Fiscal Year 2020-2021 on Taxable Property within Category III is the rate set forth in Table 3 below (said amount to be levied pro rata for any portion of an Acre). TABLE 3 Maximum Special Tax for Category 111 Community Facilities District No. 97-2 Improvement Area "C" (Fiscal Year 202,0-2021) Resou�rce Operation & Total Monitoring Maintenance $88.21/acre $140.04/acre $228.25/acre EXEMPT CATEGORY The Exempt Category includes each property owned, conveyed or irrevocably offered for dedication to a public agency, or, land which is in the pub,lic, right-of-way, unmanned utility easements which make utilization for other than the purpose set forth in the easement impractical, common areas, private streets and parks, and open space lots ("Exempt Category"'). SPECIAL CASES In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Class and be considered "Special Case". The Maximum Special Tax that may be levied on an Assessor's Parcel identified as Special Case shall be the sum of the Maximum Special Tax levies that may be levied on alll Land Use Classes, located on that Assessor"s Parcel. The CFD Administrator shall determine the allocation to each Land Use Class. ANNUAL ESCALATION OF MAXIMUM SPECIAL TAX The Maximum Special Tax as shown in the tables above that may be levied on each Assessor's Parcel in Improvement Area ""C", Annexation No. 11, shall be increased each Fiscal Year beginning in Fiscal Year 2020-2021 and thereafter by a factor equal to the annual percentage change in the San Diego Metropolitan Area Consumer Price Index for All Urban Consumers (CPI- U, All Items) or zero percent (0%), whichever is greater. Di., METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2021-2022, and for each following Fiscal Year, the Council shall levy the Improvement Area "C", Annexation No. 11, Special Tax at the rates established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: 6 2020-0,9-22 Agenda Packet Page 108 of 1.37 Step 1: Determine the revenue which could be generated by Parcels assigned to Category I by multiplying the Building Square Footage for Parcels classified as Residential Parcels by the Maximum Special Tax per Building Square Foot for the Resource Monitoring Program., and Preserve Operations and Maintenance for Parcels and adding to that the maximum revenue which could be generated by multiplying the total acres for Parcels classified as Non-Residential Parcels by the Maximum Special Tax per Acre for the Resource Monitoring Program, and Preserve Operations and Maintenance. Step 2: If' the total revenue as calculated in Step 1 is greater than the estimated Special Tax Liability for Improvement Area "Cl", reduce the Special Tax for each Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the Fiscal Yea r. Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax Liability for Improvement Area "C", a Special Tax shall be levied upon each Parcel within Improvement Area "C", classified as Category 11. The Special Tax for Parcels assigned to Category 11 shall be calculated as the lesser of: The Special Tax Liability for Improvement Area "C" as determined by the City, less the total revenue generated for all (Parcels under Step 1 above, divided by the total Acres for all Parcels within Improvement Area "C" assigned to Category II, OR The Maximum Special Tax rate for Parcels assigned to Category 11. Step 4: If the total revenue as calculated in Step 1 and 3 is less, than the Special Tax Liability, for Improvement Area "C", a Special Tax shall be levied upon each Parcel within Improvement Area "C" classified as Category 111. The Special Tax for Parcels assigned the Category III shall be calculated as the lesser of: The Special Tax Liabi'li'ty for Improvement Area "C" as determined by the City, less the total revenue generated for all Parcels under Step 1 and 3 above, divided by the total Acres for all Parcels within Improvement Area "C" assigned to Category 111, OR The Maximum Special Tax rate for Parcels assigned to Category III and within Improvement Area tic./) However, in the event it is determined that the Special Tax Liability for Improvement Area "C" includes delinquent Special Taxes from Parcel in Category III from the prior Fiscal Year, the City shall determine the amount of delinquent taxes that arose from such Parcels and identify the owner s). The amount of delinquent Special Taxes, if any, that arose from the applicable owner(s) shall first be divided by the total Category III Acres owned by such owner(s) and collected from the applicable owner(s), with the remaining portion of the Special Tax Liability not related to delinquent Special Taxes to be collected from all Parcels, in Category III according to the procedure set forth in the preceding paragraph., 7 2020-0,9-22 Agenda Packet Page 109 of 1.37 Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property or Multi-Family Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent (10%) annually up to the Maximum Special Tax as a consequence of delinquency or default by the owner of any other Assessor's Parcel within Area "C" of'the CFD. E. APPEALS Any landowner or resident who pays the Special Tax and believes that the amount of the, Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines, that an error has occurred; the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's, Parcel. If following such consultation and action, if any, by the CFD Administrator, the landowner or resident believes such error still exists; such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of the CFID, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. F., MANNER O,F COLLECTION Special Taxes levied pursuant to Section D above shall be collected in the, same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of Area "C" of the CFD or as otherwise determined appropriate by the CFD Administrator. G'�. TERM OF' SPIECIAL TAX Taxable Property in Improvement Area "C" of the CFD shall remain subject to the Special Tax in perpetuity. 8 2020-0,9-22 Agenda Packet Page 110 of 1.37 Attachment A Description of Preserve Operations and Maintenance Preserve Operations and Maintenance includes the maintenance,, operation and management of the public or private property within boundaries of the Otay Ranch Preserve, as such boundaries may be modified from time to time, required by the Resource Management Plan to be maintained as open space or habitat preservation land or both. Such maintenance, operations and management shall include, but not be limited to, the following: W Preserve Maintenance. Development, implementation and ongoing provision of programs to maintain, operate and manage preserve habitat va�lues, through: cultivation, irrigation, trimming, spraying, fertilizing, and/or treatment of disease or injury; removal of trimmings, rubbish, debris and other solid waste; maintenance of trails; removal and control of exotic plant species (weeds); and control of cowirds through trapping. (iii) Security. Development, implementation and ongoing provision of security programs to: enforce "no trespassing" rules; curtail activities, that degrade resources, such as grazing, shooting, and illegal dumping; remove trash, litter, and other debris; control access; prohibit off-road traffic; and maintain fences and trails. (iii) Preserve improvements: Acquire equipment and/or install improvements necessary to maintain, operate and manage the open space and habitat preservation land described above. The above description of the Preserve Operations and Maintenance is general in nature. The actual maintenance, operations and management of the open space and habitat preservation land within the Oltay Ranch Preserve may be modified from time to time as necessary in order to effectively provide such services in compliance with the, requirements of the Resource Management Plan. 9 2020-0,9-22 Agenda Packet Page 1II of 137 Attachment B Description of Resource Monitoring Implement the annual biota monitoring and reporting program consistent with the Resource Management Plan to identify changes in the quality and quantity of preserve resources including wildlife species,, sensitive plants and sensitive habitat types. The above, description of the Resource Monitoring is general in nature. The actual monitoring and reporting program may be modified from time to time as necessary in order to effectively provide such services consistent with the requirements of the Resource Management Plan. 10 2020-0,9-22 Agenda Packet Page 112 of 1.37 RESOLUTION NO. RESOLUTION F' TIME CITY COUNCIL OF TIME CITY OF CSI-ULA VISTA ADOPTING AN ANNEXATION v'IAP SHOWING TERRITORY PROPOSED TO BE ANNEXED TO IMPROVEMENT ARIA "C" OF COMMUNITY Lir UNITY FAC;ILI IES DISTRICT NO. 7-2 (PRESERVE MAINTENANCE DISTRICT) (ANNEXATION NO. 11 WHEREAS, the CITY COUNCIL of the CITY OF CULA VISTA, CALIFORNIA, ("City Council"), formed a Community Facilities District and certain improvement areas therein pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act")l and the City of Chula Vista. Community Facilities District Ordinance enacted pursuant tot e powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law" . The Community Facilities District has been designated as COMMUNITY UNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (the "District") and the Improvement Areas were designated nated as IMPROVEMENT AREA "A," IMPROVEMENT AREA "B" and IMPROVEMENT AREA "C'' of such District; and., WHEREAS, the City Council desires to initiate proceedings to annex certain territory to Improvement Area"C" thereof; and. WHEREAS, there has been submitted a map entitled "Annexation Map No, I I City of Chula Vista Community Facilities District No. 7-2 (Preserve Maintenance District), Improvement Area "C", City Of Chula Vista, County Of San Diego, State Of California" (the "Annexation Map") showing the territory proposed to be annexed to the District and. Improvement.Area"C" thereof(the "Territory"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, California, that it adopts an annexation map showing territory proposed to be annexed to Improvement Area "C" of Community Facilities District No, 7-2 (Preserve Maintenance District). SECTION 1. Theabove recitals are all true and correct. SECTION 2. The Annexation Map showing the Territory proposed to be annexed to the District and Improvement Area "C" thereof and to be subject to the levy of a special tax is Hereby approved and adopted. 2020-0,9-22 Agenda Packet Page 113 of 137 Resolution No. 2020- Page 2 SECTION 3. A certificate shall be endorsed on the original and on at least one (1) copy of Annexation Map, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the intention to annex or extent of the annexation to the District and Improvement Area "C" thereof, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Section 3 111 of the Streets and Highways Code of the State of California. PREPARED BY: APPROVED AS TO FORM BY: Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2020-0,9-22 Agenda Packet Page 114of 1.37 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT)AND IMPROVEMENT AREA(14C �y THERETO (ANNEXATION NO�. 11) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, ("C ity Council"), formed a Community Facilities, District and designated certain improvement areas therein pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"),, and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (the "District") and the Improvement Areas were designated as IMPROVEMENT AREA "A," IMPROVEMENT AREA "B" and IMPROVEMENT AREA "C" of such District; and, WHEREAS, the District was formed for the purpose of financing the monitoring, maintenance, operation and management of public property required to be maintained as open space or habitat preservation or both; and WHEREAS, Improvement Area "C" was established to finance Preserve Operations and Maintenance and Resource Monitoring, plus a pro-rata share of Administrative Expenses of the District as such terms are defined in the rate and method of apportionment of special taxes (the "Improvement Area"C" Rate and Method") attached as Exhibit A hereto and incorporated herein by this reference; and WHEREAS, certain territory known as Bonita Glen located within the Otay Ranch is proposed to be annexed to the District and Improvement Area"C"thereto and such territory shall be known and designated as, COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA 44C " ANNEXATION NO. II (the "Territory"). WHEREAS, this legislative body now desires to proceed to adopt its Resolution of Intention.to annex the Territory to Improvement Area"C,"to describe the territory included within Improvement Area "C" and the Territory proposed to be annexed thereto, to specify the services to be financed from,the proceeds of the levy of special taxes within the Territory,to set and specify the special taxes that would be levied within the Territory to finance such services, and to set a time and place for a public bearing relating to the annexation of the Territory to the Improvement Area "C ," and, 2020-0,9-22 Agenda Packet Page 115 of 1.37 WHEREAS, a map showing the Territory proposed to be annexed has been submitted, which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it declares its intention to authorize the annexation of territory to Community Facilities District No. 97-2 (Preserve Maintenance District) and Improvement Area"C" thereto. SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Legal Authority These proceedings for annexation are initiated by this City Council pursuant to the authorization of the Community Facilities District Law, SECTION 3. Intent to Annex; Description of Territ This, legislative body hereby determines that the public convenience and necessity requires that the Territory be added to the District and Improvement Area "C" thereto and this City Council declares its intention to annex the Territory to the District and Improvement Area"C" thereto. A description of the boundaries and Territory proposed to be annexed is as follows: All that Territory proposed to be annexed to the District and Improvement Area"C"thereto, as such property is shown on a map as previously approved by this legislative body, such map entitled "Annexation Map No, I I City of Chula Vista Community Facilities District No. 97-2 (Preserve Maintenance District), Improvement Area "C", City Of Chula Vista, County Of San Diego, State Of California" (the "Annexation Map"), a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. A general, description of the territory included in the District is hereinafter described as follows: All that property and territory as originally included within and previously annexed to the District and Improvement Area "C" thereto, as such property is shown on maps, of the original District and territory previously annexed as approved by this City Council and designated by the name of the original District and Annexation Nos. I through 11. A copy of such maps are on file in the Office of the City Clerk and have also been filed in the Office of the County Recorder. SECTION 4. fName. The proposed annexation shall be known and designated as COMMUNITY FACILITIES DISTRICT O. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA 4(.0 " ANNEXATION NO. 11. SECTION 5. Services Authorized to be Financed bythe District. The services that are authorized to be financed by the District from the proceeds of special taxes levied within Improvement Area"C" are certain services which are in addition to those provided in or required 2020-0,9-22 Agenda Packet 2 Page 116 of 1.37 for the territory within Improvement Area"C"and will not be replacing services already available. A general description of such services to be financed by the District is as follows: The monitoring, maintenance, operation and management of public property in which the City has a property interest and which conforms to the requirements of the Ordinance or private property within the Otay Ranch Preserve which is required by the Preserve Owner/Manager to be maintained as open space or for habitat maintenance or both. Such property may be located outside the boundaries of the District and outside the jurisdictional boundaries of the City of Chula Vista. Such services shall not include the maintenance, operation and/or management of any property owned, maintained, operated and/or managed by the federal and/or state government as open space,habitat maintenance and/or for any other purpose. A more complete description of such services may be found in Attachments A and B to the Improvement Area"C" Rate and Method (defined in Section 6 below). The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide such monitoring, maintenance, operation and management of such public property. The same types of services which are authorized to be financed by the District from the proceeds of special taxes levied within Improvement Area "C" are the types of services to be provided in the Territory. If and to the extent possible such services shall be provided in common within the District and the Territory. SECTION 6. Special Taxes. It is the further intention of this City Council that, except where funds are otherwise available, a special tax sufficient to pay for such services and related it expenses authorized by the Community Facilities, District Law, secured by recordation of a continuing lien against all non-exempt real property in the Territory,will be levied annually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A" (the "Improvement Area 'C' Rate and Method"), which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the same services in Improvement Area "C," except that a higher or lower special to may be levied within the Territory to the extent that the actual cost of providing the services in the Territory is higher or lower than the cost of providing those services in Improvement Area "C." Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the Improvement Area "C" Rate and Method. The special, taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may 2020-0,9-22 Agenda Packet 3 Page 117 of 1.37 not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer. The maximum special tax rate in Improvement Area "C" shall not be increased as a result of the annexation of the Territory to Improvement Area"C." SECTION 7. Public Hearin. NOTICE IS GIVEN THAT ON NOVEMBER 3, 2020 AT THE HOUR OF :OO PILI IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 276 FOURTH AVENUE, CHUL,A VISTA, CALIFORNIA, A PUBLIC HARING WILL BE HELD WHERE THIS LEGISLATIVE BODS'WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT AND IMPROVEMENT AREA "C" THERETO, THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. PURSUANT TO THE CALIFORNIA GOVERNOR'S EXECUTIVE ORDER N-29-20 AND THE CITY OF CHULA VISTA DIRECTOR OF EMERGENCY_ SERVICES' EMERGENCY ORDER 002-B-2020, IN THE INTEREST OF THE PUBLIC HEALTH AND SAFETY, MEMBERS OF THE CITY COUNCIL AND STAFF MAY PARTICIPATE IN THIS MEETING VIA TELECONFERENCE. ACCORDANCE WITH THE ORDERS, THE PUBLIC MAY BE LIMITED TO VIEWING AND PARTICIPATING IN THE MEETING ON TELEVISION ANIS/OR ONLINE AND NOT IN THE COUNCI CHAMBERS. S. AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR. OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE RECEIVED. AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY OTHER. PROPOSALS CONTAINED IN THIS RESOLUTION MAY E MADE ORALLY OR ELECTRONICALLY IN THE MANNER PROVIDED ON THE MEETING AGENDA BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK. PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING.WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL, INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD. AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL SAXES WITHIN THE TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY :INTERESTED .PERSON. ANY PROTESTS :PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK PRION TO THE 2020-0,9-22 Agenda Packet 4 Page 118 of 137 TIME FIXED FOR THE PUBLIC HEARING.WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE TME CONCLUSION OF THE PUBLIC HEARING. SECTION 8. Majority Protest. If(a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within Improvement Area "C" of the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the Territory, (c) owners of one-half or more of the area of land in the territory included in Improvement Area "C" of the District, or (d) owners of one-half or more of the area of land included in the Territory, file written protests against the proposed annexation of the Territory to the District in the future and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the City Council on the issue discussed at the public hearing. SECTION 9. Election. Upon the conclusion of the public hearing, if the legislative body determines to proceed with the annexation of the Territory, a proposition shall be submitted to the qualified electors of the Territory. The vote shall be by registered voters,within the Territory; -provided,however, if there are less than 12 registered voters,the vote shall be by landowners,with each landowner having one vote per acre or portion thereof within the Territory. SECTION 10. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by publication in the legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days,prior to the date set for the public hearing. PREPARED BY: APPROVED AS TO FORM BY: Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2020-0,9-22 Agenda Packet 5 Page 119 of 1.37 EXHIBIT A. CITY of CHUL,A'NISTA COMMUNITY FACILITIES DISTRICT NO. 7-2 (PRESERVE MAINTENANCE DISTRICT) IMPROVEMENT A EA 44091 Special "fax of Community Facilities District No. 7- (Preserve Maintenance district) of the City of Chula Vista "CFD" shall be levied on all Assessor's Parcels in Improvement Area "C"of the CFD and collected each Fiscal Year commencing with Fiscal Year 2021-22 In an amount determined through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFH unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings. "Acre or,.Acreage" means the land area of an Assessor's parcel as shown on an.Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision. Map, other final neap, other parol reap, other condominium plan, or functionallyequivalent q p or instrument recorded C�In the Office a Countyt County Recorder. The ent ma square footage of an Assessor's Parol is equal to the Acreage multiplied by 43,560. "Act" means the Cello-Roos Community Facilities .pct of 1982, as amended, being Chapter 2.5, Part I, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or estimated costs incurred by the City, acting for and on behalf of the CFD as the administrator thereof, to determine, levy and collect the Special Taxes, including salaries of Citi employees and a proportionate amount of the City's general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD;the costs of collecting installments of the Special Tapes; and any other costs required to administer Area"C" of the CFD as determined by the City. "Assessor"s Parcel" mems a lot or parol shown in ars assessor's Parol Map with an assigned assessor's parcel number. "Assessor"s Parcel Maps" means an official map of the Assessor of the County designating parcels y assessor's parcel number. "Building Square Fo+o+ t or Square Footage" means the square footage as shown on:an Assessor's Parcel's building permit of Residential.Property excluding garages or other structures not used as living space. "CFD administrator" means an official of the City, or designee thereof, responsible for determining the Special. Tax Requirement and providing for the levy and collection of the Special Taxes. 2020-0,9-22 Agenda Packet I Page 120 of 137 "CFD" means Community Facilities District No. 97-2 of the City of Chula Vista. "City" means the City of Chula Vista. "City Clerk" means the City Clerk for the City of Chula Vista or his or her designee. "City Manager" means the City Manager for the City of Chula Vista or his or her designee. "Community Purpose Facility Property" or "CPF Property" means all Assessor's Parcels which are classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2883. "Council" means the City Council of the City of Chula Vista, acting as the legislative body of the CFD. "County " means the County of San Diego, California. "Developed Property" means all Taxable Property for which a building permit was issued prior to the March I st preceding the Fiscal Year in which the Special Tax is being levied. "Final Map Property" means any residential lot or non-residential lot created by a Final Subdivision Map, but which is not classified as Developed Property. "Final Subdivision Map" means a subdivision of property creating residential or non-residential buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 664,10 et seq.), or recordation of a condominium plan pursuant to California Civil Code 13 52,that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to March I preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period starting July I and ending on the following June 3,0. "Improvement Area C" or "Area C" means Improvement Area "C" of the CFD, as identified on the boundary map for the CFD as amended from time to time. "Land Use Class" means any of the classes listed in Table 1, Table 2, or Table 3. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C 'below that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Non-Residential Property it means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for a structure or structures for non-residential use. "Operating Fund" means a fund that shall be maintained within the CFD for each Fiscal Year to pay for Resource Monitoring and/or Preserve Operations and Maintenance activities and Administrative Expenses. 2020-0,9-22 Agenda Packet 2 Page 121 of 1.37 "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Operating Fund Requirement" means for any Fiscal Year an amount equal to the Resource Monitoring Fund Requirement and the Preserve Operations and Maintenance Fund Requirement for the current Fiscal Year in which Special Taxes are levied. "Preserve Operations and Maintenance" means those activities described in Attachment A hereto which is incorporated herein by this reference. "Preserve Operations and Maintenance Fund Requirement" means for any Fiscal Year an amount equal to the budgeted costs for Preserve Operations and Maintenance plus a pro-rata share of the budgeted Administrative Expenses of the District for the current Fiscal Year in which Special Taxes are levied. "Property Owner Association Property" means any property within the boundaries of Area"C"' of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub-association. "Public Property" means any property within the boundaries of Area "C" of the CFD that is, at the time of the CFD formation, expected to be used for any public purpose and is owned by or dedicated to the federal government, the State, the County, the City or any other public agency. "Reserve Fund" means a fund that shall be maintained for the CFD each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, working capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies. "Reserve Fund Balance" means the amount of funds in the Reserve Fund at the end of the preceding Fiscal Year. "Reserve Fund Requirement" means an amount equal to up to 100% of the Operating Fund Requirement for any Fiscal Year. "Residential Property"" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one or more residential dwelling unit. "Resource Management Plan" means the Otay Ranch Phase I Resource Management Plan also referred to as"The Otay Ranch Resource Management Plan"dated October 28, 1993, and the Otay Ranch Phase 2, Resource Management Plan. dated June 22, 2018, as both such plans may be amended from time to time. "Resource Monitoring, Program"' means those described in Attachment B hereto which is incorporated herein by this reference. "Resource Monitoring, Fund Requirement" means for any Fiscal Year an amount for each Improvement Area equal to the Improvement Area's fair share of the budgeted costs of the Resource Monitoring Program plus a pro rata share of the budgeted Administrative Expenses of 2020-0,9-22 Agenda Packet 3 Page 122 of 1.37 the CFD for the currentFiscal Year in which Special Taxes are levied. Improvement Area "C's" "fair share" shall be based on Improvement Area "C's"percentage of the total acreage within the eta y Ranch General Development Plan Planning Area for which a Resource Monitoring Program funding mechanism has been established. "Special Tax" means the Special Tax levied pursuant to the provisions of sections C. and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property in Area"C" to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for Area "C" to: (i) pay the Resource Monitoring Fund Requirement, and Preserve Operations and Maintenance Fund Requirement, less the Operating Fund Balance, and (ii),pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (iii)pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of Area"C"of the CFD that are not exempt from the Special Tax pursuant to law or as defined below. "Undeveloped Property"' means, for each Fiscal Year, all Taxable Property not classified as Developed Property. B. ASSIGNMENT TO CATEGORIES OF SPECIAL TAX Each Fiscal, Year using the definitions above, all Taxable Property within Annexation No. I I of Area "C" of the CFD shall be classified as Category 1, Category 11, Category III or Exempt. Developed Property, Final Map Property or Undeveloped Property, and shall be subject to Special Taxes pursuant to Sections C and D below. Developed Property shall be further assigned to a Land Use Class as specified in Table 1. C. MAXIMUM SPECIAL TAX RATES Category I Category I includes Developed Property within the District ("Category I"). The Maximum Special Tax for Resource Monitoring, and Preserve Operations and Maintenance for Fiscal Year—2020-2021 on Developed Property are the rates set forth in Table I below. For Residential. Property, the Special Tax shall be levied based upon Building Square Footage and for Non-Residential Property shall be levied based on Acreage. 2020-0,9-22 Agenda Packet 4 Page 123 of 1.37 TABLE I Maximum Special Tax for Category I Community Facilities District No. 97-2 Improvement Area"C" (Fiscal Year 2020-2021) Description Resource Operation & Total Monitoring Maintenance Residential $0.0084/sq ft $0.0134 sq ft $0.0218/sq, ft Non- Residential 136. /acre $216.97/acre $353.64/acre Category 11 Category 11 includes each Assessor's Parcel of Taxable Property within the District for which a Final Map has been recorded,but which is not classified as a Developed Parcel ("Category 11"). The Maximum Special Tax for Resource Monitoring, and Preserve Operations and Maintenance approved for Fiscal Year—2020-2021 on each Assessor's Parcel in Category 11 is the rate set forth in Table 2 below (said amount to be levied pro rata for any portion of an Acre). 2020-0,9-22 Agenda Packet 5 Page 124 of 1.37 TABLE LE 2 Maximum Special Tax for Category 11 Community Facilities District No. 7- Improvement Area"C" (Fiscal Year—2020-2021 Resource Operation & Total Monitoring aintenance 1 36.67/acre 21 6.97/acre $353.64/acre Category III Category III includes each. Parcel of Taxable Property within the District not subject to Special. Tax under any other category ("Category III"). The Maximum Special. Tax approved for Fiscal Year —2020-2021 21 ori Taxable Property within Category III is the rate set forth in Table 3 below (said amount to be levied pro rata for any portion. of an Acre). TABLE 3 Maximum Special Tax. for Category III Community Facilities District No. 7-2 Improvement Area "C" (Fiscal Year 2020-2021) Resource Operation & Total Monitoring Maintenance $88.2 1/acre 14 .04/acre 22 .25/acre Exempt Category The Exempt Category includes each property owned, conveyed or irrevocably offered for dedication to a public agency, or Land which is in the public right-of-way, unmanned utility easements which rake utilization for other than the purpose set forth in the easement impractical, common areas, private streets and parrs, and open space lets ("Exempt Category").. Annual Escalation Of Maximum Special Tax The Maximum Special. Tax as shown in the tables above that may be levied on each Assessor's Parcel in. Area "C" shall be increased each Fiscal Year beginning in Fiscal Year 2021-2022 and thereafter by a factor equal to the annual percentage change in, the Sari Diego :Metropolitan Area. all Urban Consumer Price Index (All Items). 2020-0,9-22 Agenda Packet 6 Page 125 of 137 D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2021-2022, and for each following Fiscal Year, the Council shall levy the Area "C" Special Tax at the rates established pursuant to steps I through 4 below sothat the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: Step 1: Determine the revenue which could be generated by Parcels assigned to Category I by multiplying the Building Square Footage for Parcels classified as Residential Parcels by the Maximum Special Tax per Building Square Foot for Resource Monitoring, and Preserve Operations and Maintenance for Parcels and adding to that the maximum revenue which could be generated by multiplying the total acres for Parcels classified as Non-Residential Parcels by the Maximum Special Tax per Acre for Resource Monitoring and Preserve Operations and Maintenance. Step2-, If the total revenue as calculated in Step I is greater than the estimated Special Tax Liability for Improvement Area "C", reduce the Special Tax for each Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the Fiscal Year. Step If the total revenue as calculated in Step I is less than the Special Tax Liability for Improvement Area"C", a Special Tax shall be levied upon each Parcel within Improvement Area "C", classified as Category 11. The Special Tax for Parcels assigned to Category 11 shall be calculated as the lesser of: (i) The Special Tax Liability for Improvement Area "C" as determined by the City, less the total revenue generated for all Parcels under Step I above, divided by the total Acres for all Parcels within Improvement Area "C" assigned to Category 11, OR (ii) The Maximum Special Tax rate for Parcels assigned to Category 11. Step 4: If the total revenue as calculated in Step I and 3 is less than the Special Tax Liability, for Improvement Area"C", a Special Tax shall be levied upon each Parcel within Improvement Area C classified as Category 111. The Special Tax for Parcels assigned the Category III shall be calculated as the lesser of: (i) The Special Tax Liability for Improvement Area "C' as determined by the City, less the total revenue generated for all Parcels under Step I and 3 above, divided by the total Acres for all. Parcels within Improvement Area "C" assigned to Category 111, OR (ii) The Maximum Special Tax rate for Parcels assigned to Category III and within Improvement Area '*'C," 2020-0,9-22 Agenda Packet 7 Page 126 of 1.37 However, in the! event it is determined that the Special Tax Liability for Improvement Area "C" includes delinquent Special Taxes from Parcel in Category III from the prior Fiscal Year, the City shall determine the amount of delinquent taxes that arose from such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if any, that arose from the applicable owner(s), shall first be divided by the total Category III Acres owned by such owner(s) and collected from the applicable owner(s) with the remaining portion of the Special Tax Liability not related to delinquent Special Taxes to be collected from all Parcels in Category III according to the procedure set forth in the preceding paragraph. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property or Multi-Family Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent annually up to the Maximum Special Tax as a consequence of delinquency or default by the owner of any other Assessor's Parcel within Area "C" of the CFD. E. APPEALS Any landowner or resident who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any, by the CFD Administrator, the landowner or resident believes such error still exists,, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall, forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall it this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall,be final and binding as to all persons. F. MANNER OF COLLECTION Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of Area "C" of the CFD or as otherwise determined appropriate by the CFD Administrator. G. TERM OF SPECIAL TAX Taxable Property in Improvement Area"C"of the CFD shall remain subject to the Special Tax in perpetuity. 2020-0,9-22 Agenda Packet 8 Page 127 of 1.37 Attachment A Description of Preserve Operations and Maintenance Preserve Operations and Maintenance includes the maintenance, operation and management of the public or private property within boundaries of the Otay Ranch Preserve, as such boundaries may be modified from time to time, required by the Resource Management Plan to be maintained as open space or habitat preservation land or both. Such maintenance, operations and management shall include but not be limited to the followimr. Vii) Preserve Maintenance. Development, implementation and ongoing provision of programs to maintain, operate and manage preserve habitat values through: cultivation, irrigation, trimming, spraying, fertilizing, and/or treatment of disease or injury; removal of trimmings, rubbish, debris and other solid waste; maintenance of trails; removal and control of exotic plant species (weeds); and control of cowbirds through trapping. (ii) Security. Development, implementation and ongoing provision of security programs to: enforce "'no trespassing" rules; curtail activities that degrade resources, such as grazing, shooting, and illegal dumping- remove trash, litter, and other debris; control access;prohibit off-road traffic; and maintain fences and trails. (iii) Preserve improvements: Acquire equipment and/or install improvements necessary to maintain, operate and manage the open space and habitat preservation Land.described above. The above description of the Preserve Operations and Maintenance is general in nature. The actual maintenance, operations and management of the open space and habitat preservation land within the Otay Ranch Preserve may be modified from time to time as necessary in order to effectively provide such services in compliance with the requirements of the Resource Management Plan. 2020-0,9-22 Agenda Packet 9 Page 128 of 1.37 Attachment B Description of Resource Monitoring Implement the annual biota monitoring and reporting program consistent with the Resource Management Plan to identify changes in the quality and quantity of preserve resources including wildlife species, sensitive plants and sensitive habitat types. The above description of the Resource Monitoring is general in nature. The actual monitoring and reporting program may be modified from time to time as necessary in order to effectively provide such services consistent with the requirements of the Resource Management Plan. 2020-0,9-22 Agenda Packet 10 Page 129 of 1.37 zmr, ..' l v r r C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA IS e,ptember 2 2,,202 0 File IU: -0390 „MITI RESOLUTION OF THE CITY COUNCIL OF'SHE CITY of CFS LA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2019/2020 BUDGET To ADJUST FOR VARIANCES, AND APPROPRIATING FUNDS THEREFOR 4/5 VOTE REQUIRED) RECOMMENDEDT Council adopt the resolution. SUMMARY As part of the fiscal year 2019-2020 year-end process,staff has reviewed budget to actual reports to identify potential budget overages at either the category or fund level. Various budget changes are needed to ,alien. the budget with year-end actuals. ENVIRONMENTAL REVIEW The Development Services Director 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 1.5378 of the State CE S. Guidelines because the proposed activity consists of a governmental fiscal/funding mechanism which does not result in a physical change in the environment;therefore,pursuant to Section 150,60(c)( ) of the State CEQA Guidelines, the activity is not subject to CE A. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE, Not applicable. DISCUSSION As part of the fiscal year 2019-2020 year-end process,staff has reviewed budget to actual reports to identify potential budget overages at either the category or fund level. Various budget changes are needed to align the budget with year-end.actuals. For government entities, a budget creates a legal framework for spending during the fiscal year. After the budget is approved, circumstances arise that may require adjustments to the approved budget. The City Council Policy No. 220-0 "Financial Reporting and Transfer Authority permits budget transfers to be completed. Transfers that exceed $15,000 require City Council approval. The City Council may amend the 1 . 0 0 7 P Ii11 2020-0,9-22 Agenda Packet Page 130 of 137 budget at any meeting after the adoption of the budget with a 4/5ths vote. Staff is seeking approval for recommended adjustments in the General Fund and various other funds to align budget with year-end actual expenditures where the actuals have exceeded budget. A report on the full results of fiscal year 2019-2020, including audited actual revenues and expenditures,will be provided following the completion of the annual audit and with the presentation of the Comprehensive Annual Financial Report. Fiscal Year 2019/2020 Budget Adjustments Staff is recommending various adjustments, appropriations, and transfers to City Departmental and Fund budgets that require City Council authorization. General Fund Adjustments In the General Fund,some of the transfers are between expense categories within the same Department and some transfers are between Departments. There are also proposed budget adjustments reflecting increased revenue where needed to address unanticipated expenditure category overages and ensure correct accurate year-,end reporting. The recommended budget adjustments are shown in the table below. The overall net cost to the General Fund is an increase of$0.7 million as a result of the proposed budget adjustments. General Fund Budget Adjustments SummaE -4th Quarter Fiscal Year 201' 2 02 0 DEPARTMENT PERSONNEL SUPPLIES& TRANSFERS TOTAL 'TOTAL Footnote SERVICES SERVICES OUT EXPENSE REVENUE NET COST GENERAL FUND City Clerk 1 $ $ 16 $ $ 1 1 $ City Attorney 1 9 9 (9) Administration 1 815 815 (815) Information Technology 1 155 155 (155) Human Resources 1 668 668 (668) Finance 1 20 20 (20) - 1,2,3,4, N on-Departmental 5,6 62,978 1,961,320 2,024,297 (1,311,987) 712,310 Animal Care Facility I 1p684 1,68,4 (11684) - Develo went Services 1 176 176 (176) - Police 1)7 171,095 141286 185),381 (166,987) 18,394 Fire 1 78,574 791,158 157,732 (157,7 Public Works 1 11,803 11)003 11,8x3 - Parkss and Recreation 1 23)967 23)967 (23)96 TOTAL GENERAL FUND $249,669 $ 194p9135 $11961)320 $2,405),923 $(1)675y219) $ 73 While the net cost to the General Fund from the proposed budget adjustments is an increase of$730,704, there are several key items to note. 1. Various City Departments - Increase both revenue and expense appropriations by $404,066 for FEMA reimbursements due to COVID-19. 2. Non-Departmental - Increase Supplies and Services appropriations by $40,538 and increase revenues by$42,156 for insurance claims related to damages at various City facilities. 3. Non-Departmental - Increase both Transfers-Out expense and revenue appropriations by $1,037,426 for FY2020 Measure P actuals that exceeded budget. 4. Non-Departmental - Increase both Transfers-Out expense and revenue appropriations by $1,010,494 for FY2020 Measure A actuals that exceeded budget. P 2 2020-0,9-22 Agenda Packet Page 131 of 1.37 5. Non-Departmental - Decrease Transfers-Out appropriations by$86,600 tothe,Chula Vista Bayfront commitment due to less than anticipated revenues collected for the RV Park in FY2020., 6. Non-Departmental-Transfer$800,529 of County of San Diego CARES Act revenues budgeted in the General Fund to Non-General Fund funds for reimbursement of eligible expenses. 7. Police Department- Decrease Transfer-in revenue by$18,394 from the City Jail Fund. Other Fund Adjustments The following recommended adjustments are for funds outside of the General Fund. The proposed adjustments, displayed in the table, have a net cost decrease of approximately $2.4 million to the various identified funds. The proposed adjustments are, to impact the fund balances or current year available revenues of the respective noted funds. other Funds Budget Admendments summa Ky-4th Quarter Fiscal Year 2 01 PERSONNEL SUPPLIES& OTHER CIP 'TOTAL TOTAL DEPARTMENT Footnote SERVICES SERVICES CAPITAL BUDGET EXPENSE REVENUE NET COST OTHER FUNDS 2016 Measure P Sales Tax 1,2 - - (1,037,426) (1,037,426) Transportation Grants-Gas Tax 3 - 96,423 96,423 96,423 2018 Measure A Sales Tax 4-6 1,519 1,519 (1,446,273), (1,444,754) Advanced Life Support Program 5 - - - - (4,642) (4,642) Other Grants 5 - - - - (693) (693) Local Grants 5 - - - - (412) (412) Federal Grants 5 - - - - (30,878) (30,878) State Grants 5 - - - 41088 4,080) Environmental Services 5,6 - 783 - 783 (78 Public Educational&Govt Fee 5,6 - 643,774 - 643,774 (643,774) Central Garage Fund 5 - - - - (185) (185 Equipment Vehicle Replacement 8 - 31,844 31,844 - 31,844 City Jail 5,6 4,496 - - 4,496 4,495 Development Services Fund 5 - 11,249 - 11,249 19,464 8,215) Sewer Service Revenue - 5,6 14,430 - 14,430 (14,430) CV Bayfront Finance Authority 9 (86,600) - (86, 86,,600 TOTAL OTHER FUNDS $ 6,01S $583,636 $31,844 $96,423 $717,918 120,936) $(2j03p818) The Other Funds proposed budget adjustments are primarily being derived by the following transactions: 1. 2016 Measure P Sales Tax - Decrease expense budget by $1,523,600 for Sports Courts & Fields (PRKo327) project; increase expense budget by $782,000 for Civic Center & South Libraries (GGVo 31 project; and, increase expense budget by $741,600 for Public Buildings Repairs (GGVo34 project. 2. 2016 Measure P Sales Tax- Increase Transfer-In revenues from the General Fund by$1,,037,426 for FY2020 Measure P actuals that exceeded budget. 3. Transportation Grants-Gas Tax Fund - Increase $96,423 in appropriations for the following CIP's: $92,961 expense increase for RMRA Payment Minor Rehab for FY19/20 (S'TM0400) project; and, $3,462 expense increase to'Traffic Congestion Relief Program (T"RF03S4 project. 4. 2018 Measure A Sales Tax - Increase Transfer-In revenues by $1,010,494 for FY2020 Measure A actuals,that exceeded budget. S. Various City Funds - Increase expense appropriations by $666,028 and increase revenues by $800,529 for County CARES Act reimbursements due to COVID-19. P 3 2020-0,9-22 Agenda Packet Page 132 of 1.37 6. Various City Funds - Increase both expense and revenue appropriations by $10,223 for FEMA reimbursements due to COVIN-19. 7. 2018 Measure A Sales Tax-Increase revenues by$3,48,863 for FY2020 SAFER Grant reimbursements for the Fire Department. 8. Equipment Vehicle Replacement Fund - Increase expense appropriations by $31,844 for vehicle purchases coming from available fund balance. 9. CV Bayfront Finance,Authority Fund - Decrease revenues and expenses of$86,600 from the General Fund for the Bayfront Commitment,which accounts for less revenues generated from the RV Park. DECISION-MAKER C"ONFLICT 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 City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENTYEAR FISCAL IMPACI 11 The Fourth Quarter Monitoring Report presents revised revenue and expenditure projections as of September 8, 2020. Approval of the resolution amending the fiscal year 2019-2020 budget will result in the following impacts: General Fund-The proposed adjustments have a net cost increase of$730,704 that includes an increase of expenses by approximately$2,405,923 and an increase of revenues by$1,6,75,219. Other Funds - The proposed adjustments have a net cost decrease of $2,403,018 to various funds that includes an increase of expenses by approximately$717,,918 and an increase of revenues by$3,120,936. ONWING FISCAL IMPACT Staff will review the impacted budgets to identify potential ongoing impacts and may recommend changes during fiscal year 2020-2021. A""FTACHMENTS 1) Resolution Staff Contact:David Bilby,Finance Department P 4 2020-0,9-22 Agenda Packet Page 133 of 1.37 RESOLUTION NO. 2020- RESOLUTION 02 -R.ES LUTION OF TIME CITY COUNCIL OF TIME CITY OF CI-ULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 20 19/20 BUDGET TO ADJUST" FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR WHEREAS, the City Charter state that at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by a motion adopted by the affirmative votes of at least four members; and WHEREAS, staff has completed the budget review for the quarter ending Jure 30, 2020 and is recommending several budget amendments-, and. WHEREAS, staff is recommending $2,405,923 in appropriations to multiple departments in the general.Fund that will be offset by$,1,675,219 in revenues resulting in a net impact increase of$730,704; and. WHEREAS, the Transportation Grants — Gas Tax Fund and the Equipment Replacement Fund will be negatively impacted due to adjustments that will add appropriations that will be made from the available balances of this fund; and. WHEREAS, the 2016 Measure P Sales Tax Fund, 2018 easure A Sales 'Tai Found, Advanced Life Support Fund., Other Grants, Local Grants, Federal Grants, State Grants, Central. Garage Fund, and.Development Services Fund will be positively impacted as a result of increased revenues and reduced expenditures resulting from the recommended charges; and WHEREAS the recommended ad�ustme is to the F �vironrr ental Services, Public Educational and Government Fee Fund, City Jail Fund, Sewer Service Fund, and CV Bayfront Finance authority Funds consist of expenses that equal to revenues resulting in no net impact to these finds. NOW, THEREFORE,RF, BF IT RESOLVED ED by the City Council of the City of Chula Vista, that it does hereby amend the fiscal,year 2019/20 budget and approves the following appropriations and transfers: 2020-0,9-22 Agenda Packet Page 134 of 137 Resolution No. Page 2 Summary of General Fund Appropriations and/or'Transfers General Fund Budget Adj ustments Summary-4th Quarter Fiscal Year 2 0 19/2 0 2 0 DEPARTMENT PERSONNEL SUPPLIES,& TRANSFERS TOTAL TOTAL SERVICES SERVICES OUT EXPENSE REVENUE NET COST GENERALFUND City Clerk $ $ 16 $ $ 16 $ (16) $ City Attorney 9 9 (9�) Administration 8'15 815 (815). Information Technology 155 155 (155) Human Resources 668 668 (668) Finance 20 20 (20) lion-Departmental 6'2,978 1,961,320 2,024,297 (1,311,,987), 712,310 Animal Care Facility 1,684 - 1)684 (1)684) - Development Services 176 176 (176) Police 171)095 14,286 185)381 6)987), 18)394 . Fire 78,574 79,158 157,732 (157)732) - Public Works 11,003 11)003, (11)003) Parks and Recreation 23,967 23,96'7 (23)967) TOTAL GENERAL,FUND 249p669 $ 194,935 I $1;961,r320 I $2,405P923 1 $(1p675p219)1 $ 730,704 Summary of Appropriations and/or Transfers for Other Funds Other Funds Budget Admendments Summary-4th Quarter Fiscal Year 2019/2020 DEPARTMENT PERSONNEL SUPPLIES& OTHER CIP TOTAL TOTAL SERVICES SERVICES CAPITAL BUDGET EXPENSE, REVENUE NET COST OTHER FUNDS 2016 Measure P Sales Tax - - - (1,037,426') (1,037,426) 2016,Measure P Sales Tax(PRK0327) - - - (1,523P600) (1,523,600) - (1,523,600) 2016 Measure P Sales Tax(GGV0231) - - - 782,000 782,000 - 782,000 2016 Measure P Sales Tax(GGV0234) - - - 741,600 741,600 - 741,600 Transportation Grants-Gas Tax - - - 96,423, 96,423 - 96,423_ 2018 Measure A Sales Tax 1,519 - - - 1'519 (1,446,273) (1,444,754) Advanced Life Support Program - - - - - (4,642) (4,642) Other Grants - - - - - (693) (693) Local Grants - - - - - (412), (412) Federal Grants - - - - - (30,878) (30,878) State Grants - - - - - (4,080) (4,080) Environmental Services - 783 - - 783 (783) Public Educational&Govt Fee - 643,774 - - 643,774 643,7'74 - Centrall Garage Fund - - - - - (185) -(185)i Equipment Vehicle Replacement - 31,844 - 31,844 - 31,844 City jail 4,496 - - - 4,496 (4,4916') - Development Services Fund - 11,249 - - 11,249 (19,464) (8,215) Sewer Service Revenue 14,430 - - 14,430 (14,4 CV lea f'ro'nt Finance Authority (86y600). - - (86,6001- 86,600 6 - TOTAL OTHER FUNDS $ �015 $583p636 $31p844 $ 96y423 $717p918 $(3J201936)l $(2y403y01 2020-0,9-22 Agenda Packet Page 135 of 1.37 Resolution No. Page 3 Presented by Approved as to form by David Kilby Glen R. Googins Director of Finance/Treasurer City Attorney 2020-0,9-22 Agenda Packet Page 136 of 1.37 Documents related to Item #7 will be uploaded to the following link when available: hLtE//cvapps.chulavistaca.�ov/weblink8/browse.aspx?st artid=227718 2020-09-22 Agenda Packet Page 137 of 137