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Home My WebLink About2022/11/08 Post Agenda Packet REGULAR MEETING OF THE CITY COUNCIL **POST AGENDA** Date:Tuesday, November 8, 2022, 5:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA View the Meeting Live in English & Spanish: chulavistaca.gov/councilmeetings Cox channel 24 in English only Welcome to your City Council Meeting PUBLIC COMMENTS: Public comments may be submitted to the City Council in the following ways: In-Person. The community is welcome to make public comments at this City Council meeting. Masks or face coverings are recommended in Council Chambers and all City conference and meeting rooms. • Submit an eComment: Visit www.chulavistaca.gov/councilmeetings, locate the meeting and click the comment bubble icon. Select the item and click "Leave Comment." eComments can be submitted until the conclusion of public comments for the item and are viewable online upon submittal. If you have difficulty submitting eComments, email comments to: cityclerk@chulavistaca.gov. • HOW TO WATCH: Live stream is available at www.chulavistaca.gov/councilmeetings. To switch the video to Spanish, please click on "ES" in the bottom right hand corner. Meetings are available anytime on the City's website (English and Spanish). ACCESSIBILITY: Individuals with disabilities or special needs are invited to request modifications or accommodations 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. SPEAKER TIME LIMITS: The time allotted for speakers may be adjusted by the Mayor. - Five minutes* for specific items listed on the agenda - Three minutes* for items NOT on the agenda (called to speak during Public Comments) - A group of individuals may select a spokesperson to speak on their behalf on an agenda item, waiving their option to speak individually on the same item. Generally, five minutes are allotted per person, up to a limit of 30 minutes, although the limits may be adjusted. Members of the group must be present. *Individuals who use a translator will be allotted twice the amount of time. GETTING TO KNOW YOUR AGENDA Agenda Sections: CONSENT CALENDAR items are routine items that are not expected to prompt discussion. All items are considered for approval at the same time with one vote. Councilmembers and staff may request items be removed and members of the public may submit a speaker slip if they wish to comment on an item. Items removed from the Consent Calendar are discussed after the vote on the remaining Consent Calendar items. PUBLIC COMMENT provides the public with an opportunity to address the Council on any matter not listed on the agenda that is within the jurisdiction of the Council. In compliance with the Brown Act, the Council cannot take action on matters not listed on the agenda. PUBLIC HEARINGS are held on matters specifically required by law. The Mayor asks for presentations from staff and from the proponent or applicant involved (if applicable) in the matter under discussion. Following questions from the Councilmembers, the Mayor opens the public hearing and asks for public comments. The hearing is closed, and the City Council may discuss and take action. ACTION ITEMS are items that are expected to cause discussion and/or action by the Council but do not legally require a Public Hearing. Staff may make a presentation and Councilmembers may ask questions of staff and the involved parties before the Mayor invites the public to provide input. CLOSED SESSION may only be attended by members of the Council, support staff, and/or legal counsel. The most common purpose of a Closed Session is to avoid revealing confidential information that may prejudice the legal or negotiating position of the City or compromise the privacy interests of employees. Closed sessions may be held only as specifically authorized by law. Council Actions: RESOLUTIONS are formal expressions of opinion or intention of the Council and are usually effective immediately. ORDINANCES are laws adopted by the Council. Ordinances usually amend, repeal or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings: an introductory hearing, generally followed by a second hearing at the next regular meeting. Most ordinances go into effect 30 days after the final approval. PROCLAMATIONS are issued by the City to honor significant achievements by community members, 2022/11/08 City Council Post Agenda Page 2 of 719 highlight an event, promote awareness of community issues, and recognize City employees. Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.SPECIAL ORDERS OF THE DAY 4.1.Oath of Office Lea Cruz - Measure A Citizens' Oversight Committee 4.2.Proclamation Proclaiming the Month of November as Hunger and Homeless Awareness Month in the City of Chula Vista 5.CONSENT CALENDAR (Items 5.1 through 5.10) All items listed under the Consent Calendar are considered and acted upon by one motion. Anyone may request an item be removed for separate consideration. RECOMMENDED ACTION: To approve the recommended actions appearing below consent calendar Items 5.1 through 5.8 and Item 5.10. The headings were read, text waived. The motion carried by the following vote: 5.1.Approval of Minutes 9 RECOMMENDED ACTION: Approve the minutes dated: July 12 and 19, 2022. 5.2.Waive Reading of Text of Resolutions and Ordinances RECOMMENDED ACTION: Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.3.Consideration of Requests for Excused Absences RECOMMENDED ACTION: Consider requests for excused absences as appropriate. 5.4.Building and Fire Codes: Adopt Various 2022 California Building and Fire Codes 27 Report Number: 22-0266 Location: No specific geographic location Department: Development Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. 2022/11/08 City Council Post Agenda Page 3 of 719 RECOMMENDED ACTION: Place ordinances on first reading amending Chula Vista Municipal Code chapters 15.06 (Administrative Provisions for the Technical Building Codes), 15.08 (Building Code), 15.09 (Residential Code), 15.10 (Referenced Standards Code), 15.12 (Green Building Standards), 15.14 (Existing Building Code), 15.16 (Mechanical Code), 15.24 (Electrical Code and Regulations), 15.26 (Energy Code), 15.28 (Plumbing Code), and 15.36 (Fire Code). (First Reading) 5.5.Personnel Matters: Approve Amended Compensation Schedule & Classification Plan, Certain Terms & Conditions for Fire Staff, Benefits for Certain Employees, Hiring Incentives, IAFF MOU, Personnel Appointment, Conflict of Interest Code, and Appropriate Funds 116 Report Number: 22-0282 Location: No specific geographic location Department: Human Resources Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt resolutions: (A) Amending the Compensation Schedule and Classification Plan to reflect the addition and deletion of various position titles and amending the authorized position count in various departments; (B) Identifying the terms and conditions for Fire Department response away from their official duty station and assigned to an emergency incident; (C) Approving the Amended Compensation Summary for all Unrepresented Employees and Elected Officials, including authorization for the Mayor to execute any necessary contract amendments to implement said Amended Compensation Summary; (D) Approving an extension and an increase to the Lateral Incentive Pay for new lateral Peace Officer hires; (E) Approving Human Resources Policy 219 providing a relocation allowance of up to $5,000 for Executives, Senior Managers and Hard to Fill Classifications as described in Human Resources Policy 218, Referral Program for Hard to Fill Positions; (F) Approving the First Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180 covering the period of July 1, 2022 to December 31, 2024; (G) Approving the revised Fiscal Year 2022-23 Compensation Schedule effective November 18, 2022, as required by the California Code of Regulations, Title 2, Section 570.5; (H) Ratifying the City Manager’s appointment of Stacey Kurz as the Director of Housing and Homeless Services; (I) Amending the Fiscal Year 2022-23 budget to appropriate funds, accordingly (4/5 Vote Required); and (J) Modifying the appendix to the local Conflict of Interest Code to revise the list of designated employees who are required to file Statements of Economic Interest (Form 700). 2022/11/08 City Council Post Agenda Page 4 of 719 5.6.Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending September 30, 2022, and Appropriate Funds to Implement Required Budget Adjustments 270 Report Number: 22-0291 Location: No specific geographic location Department: Finance Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Accept the quarterly financial report for the quarter ending September 30, 2022, (A) adopt a resolution making various amendments to the Fiscal Year 2022/23 budget to adjust for variances and appropriating funds for that purpose, and (B) adopt a resolution amending Council Policy 220-02 “Financial Reporting and Transfer Authority”. (4/5 Vote Required) 5.7.Grant Award: Accept a Grant from the U.S. Department of Justice Office of Community Oriented Policing Services for the Community Policing Development Microgrant 286 Report Number: 22-0292 Location: No specific geographic location Department: Police Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution accepting $160,224 grant funds and appropriating the funds to the Police Grants Section of the Federal Grants Fund for the Community Policing Development Microgrant. (4/5 Vote Required) 5.8.Agreements: Approve 20 Agreements for On-Call Development and Housing Related Consultant Services 290 Report Number: 22-0293 Location: No specific geographic location Department: Development Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. 2022/11/08 City Council Post Agenda Page 5 of 719 RECOMMENDED ACTION: Adopt a resolution approving twenty consultant service agreements for on-call consultant services for Development and Housing related services in the areas of Civil Engineering, Construction Cost Audit, Fiscal Analysis, Housing, Landscape Architecture and Planning for a term of one year and a not-to-exceed amount of $500,000 for each category for which a consultant has been selected. The twenty (20) firms selected are CR Associates, Inc, Ninyo & Moore, RICK Engineering, Harris & Associates, Inc., NBS, Economic & Planning Systems, Inc., Keyser Marston Associates, Inc., Willdan Financial Services, Ross Financial, Michael Baker International, RSG, Inc., DeLorenzo International, Deneen Powell Atelier, Inc, Estrada Land Planning, Inc., KTU&A, Spurlock Landscape Architects, DUDEK, Eilar Associates, Inc., RECON Environmental Inc., and TRC Engineers. ITEM REMOVED FROM THE CONSENT CALENDAR 5.9.Boards and Commissions: Approve Changes to the Structure and Scope of Various City Boards and Commissions and Amend the Municipal Code Accordingly 589 Report Number: 22-0297 Location: No specific geographic location Department: City Manager and City Clerk Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Place an ordinance on first reading to approve revisions to General Rules for City boards and commissions, and the structure and scope of various City boards and commissions, as well as corresponding changes throughout the Municipal Code (First Reading); and adopt a resolution rescinding City Council Policy No. 110-15, “Youth Action Council,” based on City Council feedback from the meeting held October 11, 2022. 2022/11/08 City Council Post Agenda Page 6 of 719 5.10.Agreement Amendment: Approve an Amendment to the Original Agreement with HomeFed Village III, Master, LLC and Flat Rock Land Company, LLC, to Satisfy Park Land Development Obligations in Otay Ranch Village 3 and a Portion of Otay Ranch Village 4 691 Report Number: 22-0174 Location: The Otay Ranch Village 3 North and a Portion of Village 4 Sectional Planning Area ("Village 3"), located at Heritage Road and Main Street Department: Development Services Environmental Notice: The Project was adequately covered in previously certified Final Environmental Impact Report (EIR 13-01) - SCH #2013071077 for the University Villages and Final Second Tier Environmental Impact Report (EIR 02- 02) - SCH #2003091012 for the Otay Ranch Village 2, 3 and a Portion of 4 and all addenda and amendments. RECOMMENDED ACTION: Adopt a resolution approving an amendment to the original agreement with HomeFed Village III, Master, LLC and Flat Rock Land Company, LLC, to satisfy Park Land Development Obligations in Otay Ranch Village 3 and a portion of Otay Ranch Village 4. 6.PUBLIC COMMENTS The public may address the Council on any matter within the jurisdiction of the Council but not on the agenda. 7.CITY MANAGER’S REPORTS 8.MAYOR’S REPORTS 9.COUNCILMEMBERS’ COMMENTS 10.CITY ATTORNEY'S REPORTS 11.CLOSED SESSION Announcements of actions taken in Closed Sessions shall be made available by noon on the next business day following the Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7) 11.1.Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) A) Name of Case: Jose Lua, et al. v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2021-00045429-CU-PA-CTL; B) Name of Case: Alma Chidester, et al. v. Marianne Rante, et al., San Diego Superior Court, Case No. 37-2021-00014114-CU-PA-CTL. 2022/11/08 City Council Post Agenda Page 7 of 719 12.ADJOURNMENT to the Mayor's State of the City Address on November 29, 2022 at 6:00 p.m., and then to the regular City Council meeting on December 6, 2022 at 5:00 p.m. in the Council Chambers. Materials provided to the City Council related to an open session item on this agenda are available for public review, please contact the Office of the City Clerk at cityclerk@chulavistaca.gov or (619) 691-5041. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. NOTICE OF REVIEW AND PENDING APPROVAL OF FINAL MAP In accordance with California Government Code Section 66458(d), notice is hereby given that the City Engineer has reviewed and, immediately following this City Council of November 08, 2022, will approve the following final map(s): CHULA VISTA TRACT NO. 20-0005 OTAY RANCH VILLAGE 3, R-6 & R-20 FINAL MAP (PRJ21004)] Specifically, the City Engineer has caused the map(s) to be examined and has made the following findings: (1) The map(s) substantially conform(s) to the approved tentative map(s), and any approved alterations thereof and any conditions of approval imposed with said tentative map(s). (2) The map(s) comply(ies) with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map(s). (3) The map is technically correct. Said map will be finalized and recorded, unless an interested party files a valid appeal of the City Engineer's action to City Council no later than 2:00 p.m., 10 business days from the date of this City Council meeting. A valid appeal must identify the improper/incorrect finding and the basis for such conclusion. If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Boushra Salem, Principal Civil Engineer at (619) 409-5483, or at bsalem@chulavistaca.gov. 2022/11/08 City Council Post Agenda Page 8 of 719 City of Chula Vista Regular Meeting of the City Council Meeting Minutes July 12, 2022, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Galvez, Councilmember McCann, Mayor Casillas Salas Excused: Deputy Mayor Cardenas, Councilmember Padilla Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk Bigelow, Assistant City Clerk Turner Others Present Deputy City Manager Kelly Broughton The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to order at 5:11 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Galvez led the Pledge of Allegiance. Mayor Casillas Salas thanked Senator Ben Hueso for his support in removing t he tolls on SB1169. 4. SPECIAL ORDERS OF THE DAY 4.1 Presentation by City County Personnel Association of San Diego of the 2022 Kevin Powell Award for Excellence in Human Resources Dolores Gascon and Jessica Perpetua, representing the San Diego City County Personnel Association, gave a presentation on the item and presented the award to Human Resources Director Chase. 2022/11/08 City Council Post Agenda Page 9 of 719 2022/07/12 Minutes – City Council Regular Meeting Page 2 4.2 Presentation by Chief Executive Officer Susan Guinn of the San Diego Regional Policy and Innovation Center Item 4.2 was continued to the July 19, 2022 meeting. 5. CONSENT CALENDAR (Items 5.1 through 5.14) Mayor Casillas Salas announced that the following items would be continued to the meeting of July 19, 2022, due to a lack of quorum: Items 4.2, 5.5, 5.7, 5.9D, the proposed ordinance on 5.9, and 5.12. She also announced that Item 5.13 would be bifurcated; Council would act on the action plan portion of the item, and the appropriation of funds would be continued to the meeting of July 19, 2022. Mayor Casillas Salas announced that a revised resolution for Item 5.13 had been distributed to Council and that action would be with respect to the revised document. Human Resources Director Chase spoke regarding Item 5.9 and announced that Resolution A had been updated to account for the lack of quorum. City Clerk Bigelow announced that a request for an excused absence memorandum for Item 5.3 was received from Deputy Mayor Cardenas for that night's meeting and had been distributed to the Council. Moved by Mayor Casillas Salas Seconded by Councilmember McCann To approve the recommended actions appearing below consent calendar Items 5.1 through 5.4; 5.6; 5.8 through 5.14. The headings were read, text waived. The motion carried by the following vote: Yes (3): Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Result, Carried (3 to 0) 5.1 Approval of Meeting Minutes Approve the minutes dated: November 9, 2021 5.2 Waive Reading of Text of Resolutions and Ordinances Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.3 Consideration of Request for Excused Absences Approve an excused absence for Councilmember Cardenas for this City Council meeting. 5.4 City Election: Reciting the Fact of the General Municipal Election Held on June 7, 2022, Declaring the Results; Calling and Giving Notice of a Special Municipal Election to be Held November 8, 2022; and Adopting Regulations About the Election Adopt resolutions A) Reciting the fact of the General Municipal Election held on June 7, 2022, declaring the results thereof, and other related matters; 2022/11/08 City Council Post Agenda Page 10 of 719 2022/07/12 Minutes – City Council Regular Meeting Page 3 B) Calling a Special Municipal Election to be held on Tuesday, November 8, 2022, to conduct a runoff election to elect a Mayor, two members of the City Council, representing Districts 1 and 2, and a City Attorney; consolidating the election with the statewide election; and requesting the County of San Diego Board of Supervisors to permit the Registrar of Voters to perform certain services for the conduct of the election; and C) Adopting regulations for candidates for elective office related to candidate statements to voters at the Special Municipal Election on Tuesday, November 8, 2022. Item 5.4 headings A) RESOLUTION NO. 2022-149 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THIS CITY ON JUNE 7, 2022, DECLARING THE RESULTS THEREOF, AND OTHER MATTERS AS ARE PROVIDED BY LAW B) RESOLUTION NO. 2022-150 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE PURPOSE OF CONDUCTING A RUNOFF ELECTION TO ELECT A MAYOR, TWO MEMBERS OF THE CITY COUNCIL, REPRESENTING DISTRICTS 1 AND 2, AND A CITY ATTORNEY; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; AND REQUESTING THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM CERTAIN SERVICES FOR THE CONDUCT OF THE ELECTION C) RESOLUTION NO. 2022-151 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 8, 2022 5.6 Agreement: Approve a Professional Services Agreement with STC Traffic, Inc. to Perform Traffic Signal Retiming Services Adopt a resolution approving a professional services agreement with STC Traffic, Inc. to perform Traffic Signal Retiming Services for Federal Project HSIPL 5203(052). Item 5.6 heading: RESOLUTION NO. 2022-152 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND STC TRAFFIC, INC. TO PROVIDE TRAFFIC SIGNAL RETIMING SERVICES 5.8 Purchase Agreement: Approve Purchase with Axon Enterprise, Inc. for Eighty Body-Worn Cameras and Associated Equipment and Services Adopt a resolution approving a purchase agreement with Axon Enterprise, Inc. for eighty body-worn cameras and associated equipment and services, and authorizing the City Manager to execute the agreement. 2022/11/08 City Council Post Agenda Page 11 of 719 2022/07/12 Minutes – City Council Regular Meeting Page 4 Item 5.8 heading: RESOLUTION NO. 2022-153 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PURCHASE AGREEMENT WITH AXON ENTERPRISE, INC. FOR EIGHTY BODY-WORN CAMERAS AND ASSOCIATED EQUIPMENT AND SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME 5.9 Employee Compensation, Positions and Bargaining Agreement: Approve a Memorandum of Understanding with IAFF Local 2180; Approve the Addition of Position Titles, Amended Position Counts, a Revised Compensation Schedule, and Related Budget Amendments Adopt resolutions: (A) Approving a Memorandum of Understanding (“MOU”) between the City of Chula Vista and Local 2180, International Association of Fire Fighters, AFL-CIO (“IAFF”), related to compensation and other terms and conditions of employment; (B) Amending the Compensation Schedule and Classification Plan to reflect the addition of various position titles and amending the authorized position count in various departments; (C) Approving the revised Fiscal Year 2022-23 Compensation Schedule effective July 1, 2022, as required by the California Code of Regulations, Title 2, Section 570.5; (D) Making various amendments to the Fiscal Year 2022-23 budget for appropriating funds for that purpose; and Place an ordinance on first reading amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified positions title of Bayfront Development Project Manager. (First reading) (4/5 Vote Required) Item 5.9 heading: A) RESOLUTION NO. 2022-154 OF THE CITY COUNCIL OF THE CITY APPROVING A MEMORANDUM OF UNDERSTANDING (“MOU’) BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO (“IAFF”) RELATED TO COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT; AND AUTHORIZING THE CITY MANAGER, AS SET FORTH HEREIN, TO EXECUTE THE AFOREMENTIONED MOU AND ANY ADDITIONAL DOCUMENTS WHICH MAY BE NECESSARY OR REQUIRED TO IMPLEMENT SAID MOU B) RESOLUTION NO. 2022-155 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF VARIOUS POSITION TITLES AND AMENDING THE AUTHORIZED POSITION COUNT IN VARIOUS DEPARTMENTS C) RESOLUTION NO. 2022-156 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2022-2023 COMPENSATION SCHEDULE EFFECTIVE JULY 1, 2022, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 2022/11/08 City Council Post Agenda Page 12 of 719 2022/07/12 Minutes – City Council Regular Meeting Page 5 [Item 5.9 D and the proposed ordinance were continued to July 19, 2022.] 5.10 Contract: Award of Janitorial Services Contract to Nova Commercial Adopt a resolution awarding a contract for janitorial services to Nova Commercial in an amount not to exceed $2,250,000 for up to five years. Item 5.10 heading: RESOLUTION NO. 2022-157 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT FOR JANITORIAL SERVICES BETWEEN THE CITY AND NOVA COMMERCIAL 5.11 Agreement Amendment: Approve the First Amendment to the Agreement with Madaffer Enterprises, Inc. to Provide Six Focus Groups to the City Manager's Technology and Innovation Task Force Adopt a resolution approving the first amendment to the agreement between the City and Madaffer Enterprises to provide six focus groups as part of the City Manager’s Technology and Innovation Task Force. Item 5.11 heading: RESOLUTION NO. 2022-158 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE CONSULTANT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MADAFFER ENTERPRISES, INC., TO PROVIDE FOR SIX FOCUS GROUPS 5.13 Department of Housing and Urban Development Grant Funding: Approval of the 2022/23 Annual Action Plan Adopt a resolution: (1) approving the 2022/23 U.S. Department of Housing and Urban Development (“HUD”) annual spending plan for the Community Development Block Grant, HOME Investment Partnerships Program, and the Emergency Solutions Grant (the “Action Plan”); (2) authorizing the City Manager or designee to execute subrecipient agreements and all HUD documents related to the grants; and (3) appropriating funds for that purpose. (4/5 Vote Required) Item 5.13 heading: RESOLUTION NO. 2022-159 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING THE 2022/23 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SPENDING PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS PROGRAM, AND THE EMERGENCY SOLUTIONS GRANT; AND (2) AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL HUD DOCUMENTS RELATED TO THE GRANTS AND AGREEMENTS WITH EACH SUBRECIPIENT 5.14 Task Force Vacancy: Declare the Sons and Daughters of Italy Representative Seat on the Christoper Columbus Statue and Discovery Park Task Force Vacant Due to the Seated Member No Longer Being Qualified for the Seat, as Required by the Municipal Code 2022/11/08 City Council Post Agenda Page 13 of 719 2022/07/12 Minutes – City Council Regular Meeting Page 6 Council declare the following seat vacant: Sons and Daughters of Italy Representative on the Christopher Columbus Statue and Discovery Park Task Force, currently filled by Grace Sardina. ITEMS REMOVED FROM CONSENT CALENDAR 5.5 Agreement: Approve Agreement with The San Diego Foundation to Administer Grants to Small Businesses and Nonprofits in the City of Chula Vista Item 5.5 was continued to the July 19, 2022 meeting. 5.7 Community Facilities Districts: Approve the Levy of Special Taxes and Collectibles for Fiscal Year 2022/23 Item 5.7 was continued to the July 19, 2022 meeting. 5.12 Grant Award and Appropriation: Accept a Grant from the California Board of State and Community Corrections for California Violence Intervention and Prevention Grant Program and Appropriate Funds Item 5.12 was continued to the July 19, 2022 meeting. 6. PUBLIC COMMENTS Joseph Raso, Chula Vista resident, spoke regarding tenant protection and distributed written communications. 7. BOARD AND COMMISSION REPORTS 7.1 Presentation by the Charter Review Commission and the City Attorney's Office of a Comprehensive Charter Update Proposal for Possible Placement on the November 2022 Ballot Charter Review Commission Chair Scofield, City Attorney Googins and City Clerk Bigelow gave a presentation on the item. City Attorney Googins and Deputy City Attorney McClurg responded to questions of the Council. Carolyn Scofield, Chula Vista resident, spoke in support of Charter revisions to allow residents to serve on boards and commissions. Councilmember McCann spoke in favor of the following updates to the Charter: allowing ranked-choice voting in elections, adding a requirement for residency 30- days prior to running for election, and requiring one to be a qualified elector for decision-making bodies but not for advisory only bodies. Mayor Casillas Salas recessed the meeting at 7:11 p.m. The Council reconvened at 7:23 p.m., with all members present. 8. PUBLIC HEARINGS 8.1 Open Space Maintenance Districts: Approve Levying the Assessments and Collectibles for Fiscal Year 2022/23 Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. 2022/11/08 City Council Post Agenda Page 14 of 719 2022/07/12 Minutes – City Council Regular Meeting Page 7 Mayor Casillas Salas opened the public hearing and announced that Item 8.1 would be continued to the July 19, 2022 meeting. 9. ACTION ITEMS 9.1 Loma Verde Recreation Center: Authorize Construction of Segment 3 of the Loma Verde Recreation Center (CIP No. GGV0247) and the City Engineer to Approve Necessary Change Orders for the Project Principal Landscape Architect Ferman and Park and Recreation Administrator Farmer gave a presentation on the item. Moved by Councilmember McCann Seconded by Councilmember Galvez To adopt a Resolution No. 2022-160, heading read, text waived. The motion carried by the following roll call vote: Yes (3): Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Result, Carried (3 to 0) Item 9.1 heading: RESOLUTION NO. 2022-160 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING CONSTRUCTION OF SEGMENT 3 OF THE LOMA VERDE RECREATION CENTER AND AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDERS NECESSARY TO COMPLETE THE PROJECT (CIP NO. GGV0247) 10. CITY MANAGER’S REPORTS Deputy City Manager Broughton announced the groundbreaking for the City's new homeless shelter. 11. MAYOR’S REPORTS 11.1 Ratification of Human Relations Commission Nomination Nadia Kean-Ayub, to Represent the HRC on the Columbus Task Force Moved by Councilmember McCann Seconded by Mayor Casillas Salas To ratify the above appointment. The motion carried by the following vote: Yes (3): Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Result, Carried (3 to 0) 12. COUNCILMEMBERS’ COMMENTS Councilmember McCann extended Father's Day greetings and spoke about his attendance at the Fourth Fest. 2022/11/08 City Council Post Agenda Page 15 of 719 2022/07/12 Minutes – City Council Regular Meeting Page 8 13. CITY ATTORNEY'S REPORTS There were none. 14. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. City Attorney Googins announced that the Council would convene in closed session to discuss the items listed below. Mayor Casillas Salas recessed the meeting at 7:38 p.m. The Council convened in Closed Session at 7:47 p.m., with all members present. 14.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d) 1. Name of case: City of Imperial Beach, et al. v. The International Boundary & Water Commission-United States Section, United States District Court, Case No. 18-cv-0457 JM JLB; and ACTION: No Reportable Action 2. Name of case: Ofelia Christman v City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2018-00034310-CU-PO-CTL ACTION: Pending Finalization of Settlement 14.2 Conference with Legal Counsel Regarding Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) John Moot submitted written communications in support of the item. ACTION: Item not discussed. 15. ADJOURNMENT The meeting was adjourned at 7:55 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk 2022/11/08 City Council Post Agenda Page 16 of 719 City of Chula Vista Regular Meeting of the City Council Meeting Minutes July 19, 2022, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, Mayor Casillas Salas Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk Bigelow, Assistant City Clerk Turner The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to order at 5:07 p.m. via teleconference and in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. City Clerk Bigelow announced that Deputy Mayor Cardenas was participating via teleconference and videoconference from the following location: 155 Walnut Drive, Chula Vista, CA 91911; and that all votes would be taken by roll call. Deputy Mayor Cardenas stated she complied with all requirements of the Brown Act, including posting the agenda and assuring public accessibility to the location. She stated no members of the public were participating from her location. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Galvez led the Pledge of Allegiance. 4. SPECIAL ORDERS OF THE DAY 4.1 Presentation by Chief Executive Officer Susan Guinn of the San Diego Regional Policy and Innovation Center Chief Executive Officer Guinn gave a presentation on the item and responded to questions of the Council. 2022/11/08 City Council Post Agenda Page 17 of 719 2022/07/19 Minutes – City Council Regular Meeting Page 2 5. CONSENT CALENDAR (Items 5.1 through 5.10) Human Resources Director Chase spoke briefly regarding Item 5.10. City Attorney Googins announced that Councilmembers McCann and Padilla would abstain from voting on Item 5.8B due to potential property-related conflicts of interest. City Clerk Bigelow announced that a request for an excused absence from Councilmember Padilla for the July 12, 2022 meeting had been distributed and would be considered under Item 5.3. Moved by Mayor Casillas Salas Seconded by Councilmember Galvez To approve the recommended actions appearing below consent calendar Items 5.1 through 5.8A and 5.10. The headings were read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) Moved by Mayor Casillas Salas Seconded by Councilmember Galvez To approve the recommended actions appearing below consent calendar Item 5.8B The headings were read, text waived. The motion carried by the following vote: Yes (3): Deputy Mayor Cardenas, Councilmember Galvez, and Mayor Casillas Salas Abstain (2): Councilmember McCann, and Councilmember Padilla Result, Carried (3 to 0) 5.1 Approval of Meeting Minutes Approve the minutes dated: November 16, 2021. 5.2 Waive Reading of Text of Resolutions and Ordinances Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.3 Consideration of Request for Excused Absences Approve an excused absence for Councilmember Padilla for the July 12, 2022 meeting. 5.4 Department of Housing and Urban Development Grant Funding: Appropriation of Funds for the 2022/23 Annual Action Plan Adopt a resolution appropriating funds to execute the 2022/23 U.S. Department of Housing and Urban Development (“HUD”) annual spending plan for the Community Development Block Grant, HOME Investment Partnerships Program, and the Emergency Solutions Grant (the “Annual Action Plan”). (4/5 Vote Required) 2022/11/08 City Council Post Agenda Page 18 of 719 2022/07/19 Minutes – City Council Regular Meeting Page 3 Item 5.4 headings: RESOLUTION NO. 2022-161 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FOR THE 2022/23 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SPENDING PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS PROGRAM, AND THE EMERGENCY SOLUTIONS GRANT (4/5 VOTE REQUIRED) 5.5 Emergency Services: Authorize Agents to Act on Behalf of the City to Obtain State or Federal Assistance and Reimbursement and Adopt the Required Cal OES (California Office of Emergency Services) Resolution Adopt a resolution designating authorized agents to act on behalf of the City for purposes of obtaining state or federal assistance and reimbursement and approving and adopting a required California Office of Emergency Services resolution, Cal OES 130. Item 5.5 headings: RESOLUTION NO. 2022-162 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING AUTHORIZED AGENTS TO ACT ON BEHALF OF THE CITY FOR PURPOSES OF OBTAINING STATE OR FEDERAL ASSISTANCE AND APPROVING AND ADOPTING THE REQUIRED CAL OES 130 RESOLUTION 5.6 Grant Acceptance and Appropriation: Accept and Appropriate $68,022 from the U.S. Department of Homeland Security for the Fiscal Year 2021/22 Urban Areas Security Initiative Grant Program Adopt a resolution accepting grant funds in the amount of $68,022 from the U.S. Department of Homeland Security to be used for Urban Area Security Initiative training and appropriating the funds for that purpose. (4/5 Vote Required) Item 5.6 headings: RESOLUTION NO. 2022-163 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FUNDS FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM (4/5 VOTE REQUIRED) 5.7 Agreement: Approve Agreement with The San Diego Foundation to Administer Grants to Small Businesses and Nonprofits in the City of Chula Vista Adopt a resolution approving an agreement with The San Diego Foundation for administration for the $3.6 million Chula Vista American Rescue Plan Act Small Business and Nonprofit Relief Grant Program to aid in economic recovery and appropriating up to $252,000 for administration. (4/5 Vote Required) Item 5.7 headings: RESOLUTION NO. 2022-164 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE SAN DIEGO FOUNDATION FOR ADMINISTRATION OF THE CHULA VISTA AMERICAN RESCUE PLAN 2022/11/08 City Council Post Agenda Page 19 of 719 2022/07/19 Minutes – City Council Regular Meeting Page 4 ACT DIRECT GRANTS FOR A SMALL BUSINESSES AND NON-PROFIT RELIEF GRANT PROGRAM; AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 5.8 Community Facilities Districts: Approve the Levy of Special Taxes and Collectibles for Fiscal Year 2022/23 Adopt resolutions A) Levying special taxes to be collected to pay the costs of facilities and services for Community Facilities Districts 97-1, 97-2, 97-3, 98-1, 98- 2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-I, 08-I, 08-M, 09-M, 11-M, 12-I, 12- M, 13-I, 13-M, 14-M, 14-M2, 16-I, 17-I, 18-M and 19-M within the City of Chula Vista and designating the Director of Finance to file a list of taxes to be levied on each parcel with the County auditor each year; and B) Levying special taxes to be collected to pay the costs of facilities and services for Community Facilities Districts 06-I and 07-M within the City of Chula Vista and designating the Director of Finance to file a list of taxes to be levied on each parcel with the County auditor each year. Item 5.8 headings: A) RESOLUTION NO. 2022-165 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING SPECIAL TAXES TO BE COLLECTED TO PAY THE COSTS OF FACILITIES AND SERVICES FOR COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-I, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I, 13-M, 14-M, 14-M2, 16-I, 17-I, 18-M, AND 19-M WITHIN THE CITY OF CHULA VISTA AND DESIGNATING THE DIRECTOR OF FINANCE TO FILE A LIST OF TAXES TO BE LEVIED ON EACH PARCEL WITH THE COUNTY AUDITOR EACH YEAR B) RESOLUTION NO. 2022-166 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING SPECIAL TAXES TO BE COLLECTED TO PAY THE COSTS OF FACILITIES AND SERVICES FOR COMMUNITY FACILITIES DISTRICTS 06-I AND 07-M WITHIN THE CITY OF CHULA VISTA AND DESIGNATING THE DIRECTOR OF FINANCE TO FILE A LIST OF TAXES TO BE LEVIED ON EACH PARCEL WITH THE COUNTY AUDITOR EACH YEAR 5.9 Grant Award and Appropriation: Accept a Grant from the California Board of State and Community Corrections for California Violence Intervention and Prevention Grant Program and Appropriate Funds Adopt resolutions A) Accepting $1,728,456 in grant funds from the California Board of State and Community Corrections, adding one Peace Officer to the authorized staffing level of the Police Department, and appropriating $573,016 to the Police Grants Section of the State Grants Fund for California Violence Intervention and Prevention (CalVIP) Grant Program (4/5 Vote Required); B) Approving an agreement with the California Board of State and Community Corrections for the California Violence and Prevention (CalVIP) Grant Program; and C) Approving agreements with SBCS and San Diego Association of Governments for the California Violence and Prevention (CalVIP) Grant Program. 2022/11/08 City Council Post Agenda Page 20 of 719 2022/07/19 Minutes – City Council Regular Meeting Page 5 Item 5.9 headings: A) RESOLUTION NO. 2022-167 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $1,728,456 FROM THE CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS, ADDING ONE PEACE OFFICER TO THE AUTHORIZED STAFFING LEVEL OF THE POLICE DEPARTMENT, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) B) RESOLUTION NO. 2022-168 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY AND THE BOARD OF STATE COMMUNITY CORRECTIONS FOR THE CALIFORNIA VIOLENCE INTERVENTION AND PREVENTION GRANT PROGRAM C) RESOLUTION NO. 2022-169 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS WITH SBCS CORPORATION AND THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE CALIFORNIA VIOLENCE INTERVENTION AND PREVENTION GRANT PROGRAM 5.10 Bargaining Agreement Funding and Positions: Budget Amendments Relating to the Memorandum of Understanding with IAFF Local 2180 and an Ordinance Related to Unclassified Positions Adopt a resolution making various amendments to the Fiscal Year 2022/23 budget to appropriate funds for the Memorandum of Understanding with IAFF Local 2180 and changes approved by the City Council at its July 12, 2022 meeting. (4/5 Vote Required) Place an ordinance on first reading amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position title of Bayfront Development Project Manager. (First Reading) (4/5 Vote Required) Item 5.10 headings: RESOLUTION NO. 2022-170 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2022/23 BUDGET FOR APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLE OF BAYFRONT DEVELOPMENT PROJECT MANAGER (FIRST READING) (4/5 VOTE REQUIRED) 6. PUBLIC COMMENTS Carol Green spoke regarding Sesame Place relative to diversity and inclusion. She also spoke in support of a flavored tobacco ordinance. Robert Johnson submitted written communications regarding masks. 7. BOARD AND COMMISSION REPORTS 7.1 Measure P Citizens’ Oversight Committee Presentation: Annual Report Covering Reporting Period of July 1, 2020, through June 30, 2021, and an Update of Measure P Projects 2022/11/08 City Council Post Agenda Page 21 of 719 2022/07/19 Minutes – City Council Regular Meeting Page 6 Measure P Citizen's Oversight Committee Chair Garcias gave a presentation on the item. 8. PUBLIC HEARINGS 8.1 Open Space Maintenance Districts: Approve Levying the Assessments and Collectibles for Fiscal Year 2022/23 Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. City Attorney Googins announced that the following Councilmembers would abstain from voting on the items indicated due to potential property-related conflicts of interest: Mayor Casillas Salas on Item 8.1B and E; Councilmember McCann on 8.1C and E; and Councilmember Padilla 8.1D. Moved by Mayor Casillas Salas Seconded by Councilmember McCann To adopt Resolution No. 2022-171, heading read, text waived. The motion carried by the following roll call vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) Item 8.1A heading: A) RESOLUTION NO. 2022-171 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR FISCAL YEAR 2022/23 FOR OPEN SPACE DISTRICTS 2 THROUGH 8, 11, 14, 15, 17, 18, 20 (ZONES 1 THROUGH 6, 8 AND 9), 23, 24, 26, 31, 33, EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONES A, B, AND D), AND BAY BOULEVARD MAINTENANCE DISTRICT Moved by Councilmember Galvez Seconded by Councilmember Padilla To adopt Resolution No. 2022-172, heading read, text waived. The motion carried by the following roll call vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Councilmember Padilla Abstain (1): Mayor Casillas Salas Result, Carried (4 to 0) Item 8.1B heading: B) RESOLUTION NO. 2022-172 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR FISCAL YEAR 2022/23 FOR OPEN SPACE DISTRICT 9, OPEN SPACE 2022/11/08 City Council Post Agenda Page 22 of 719 2022/07/19 Minutes – City Council Regular Meeting Page 7 DISTRICT 10, EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONE E), AND TOWN CENTRE MAINTENANCE DISTRICT Moved by Mayor Casillas Salas Seconded by Deputy Mayor Cardenas To adopt Resolution No. 2022-173, heading read, text waived. The motion carried by the following roll call vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember Padilla, and Mayor Casillas Salas Abstain (1): Councilmember McCann Result, Carried (4 to 0) Item 8.1C heading: C) RESOLUTION NO. 2022-173 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR FISCAL YEAR 2022/23 FOR OPEN SPACE DISTRICT 1 Moved by Mayor Casillas Salas Seconded by Councilmember McCann To adopt Resolution No. 2022-174, heading read, text waived. The motion carried by the following roll call vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Abstain (1): Councilmember Padilla Result, Carried (4 to 0) Item 8.1D heading: D) RESOLUTION NO. 2022-174 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR FISCAL YEAR 2022/23 FOR OPEN SPACE DISTRICT EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONE C) Moved by Councilmember Galvez Seconded by Councilmember Padilla To adopt a Resolution No. 2022-175, heading read, text waived. The motion carried by the following roll call vote: Yes (3): Deputy Mayor Cardenas, Councilmember Galvez, and Councilmember Padilla Abstain (2): Councilmember McCann, and Mayor Casillas Salas Result, Carried (3 to 0) 2022/11/08 City Council Post Agenda Page 23 of 719 2022/07/19 Minutes – City Council Regular Meeting Page 8 Item 8.1E heading: E) RESOLUTION NO. 2022-175 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR FISCAL YEAR 2022/23 FOR OPEN SPACE DISTRICT 20, ZONE 7 9. ACTION ITEMS 9.1 Agreement: Approve an Agreement with Tribesy Consulting to Perform Outreach and Assessments to Develop a Justice, Equity, Diversity and Inclusion Action Plan Special Projects Manager Evans gave a presentation on the item and responded to questions of the Council. Moved by Councilmember Padilla Seconded by Deputy Mayor Cardenas To adopt a Resolution No. 2022-176, heading read, text waived. The motion carried by the following roll call vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) Item 9.1 heading: RESOLUTION NO. 2022-176 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND TRIBESY CONSULTING TO PROVIDE JUSTICE, EQUITY, DIVERSITY, AND INCLUSION (JEDI) CONSULTING SERVICES INCLUDING CREATION OF A JEDI ACTION PLAN 10. CITY MANAGER’S REPORTS City Manager Kachadoorian provided an update on the Technology and Privacy Advisory Task Force. 11. MAYOR’S REPORTS Mayor Casillas Salas spoke regarding her attendance at the following recent events: Women in Leadership at University of San Diego; Mariachi Museum at Southwestern College; the Pride Parade; and the ribbon cutting for Jeffers elementary school. 12. COUNCILMEMBERS’ COMMENTS At the request of Councilmember Galvez there was a consensus of the Council to consider endorsement of a request from Department of Homeland Security to maintain access at Friendship Park. Councilmember Padilla congratulated Executive Director Fernando Lopez, representing San Diego Pride for his work on the first Pride Festival, since the pandemic and spoke of additional Pride events. 2022/11/08 City Council Post Agenda Page 24 of 719 2022/07/19 Minutes – City Council Regular Meeting Page 9 Councilmember McCann spoke regarding the following recent events: the Bridge Shelter groundbreaking; ribbon cutting for Jeffers Elementary; and Coffee with a Councilmember. Deputy Mayor Cardenas spoke regarding her attendance at the National Association of Elected Latinos Conference. 13. CITY ATTORNEY'S REPORTS 13.1 Supplemental Report Out on Republic Services Settlement Agreement, Finalized on June 13, 2022 City Attorney Googins spoke regarding the item. John Moot spoke on behalf of Russ Hall regarding the settlement agreement. Councilmember Padilla stated he would not have voted to support the agreement. 13.2 Report Out on Charter Review Commission Meeting of July 13, 2022 City Attorney Googins gave a report regarding the July 13, 2022 ,Charter Review Commission meeting related to the charter review update and responded to questions of the Council. 14. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. City Attorney Googins announced that the Council would convene in closed session to discuss the items listed below. Mayor Casillas Salas recessed the meeting at 6:36 p.m. The Council convened in Closed Session at 6:44 p.m., with all members present. 14.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) A) Name of case: Arturo Castanares v. City of Chula Vista, San Diego Superior Court, Case No. 37-2021-00017713-CU-MC-CTL. ACTION: No Reportable Action B) Name of case: Estate of Oral Nunis, Sr., et al. v. City of Chula Vista, et al., United States District Court, Case No. 21-cv-1627-AJB-DEB ACTION: No Reportable Action C) Name of case: Alma Chidester, et al. v. Marianne Rante, et al., San Diego Superior Court, Case No. 37-2021-00014114-CU-PA-CTL. ACTION: Item not discussed. D) Name of Case: Zoraida Baiza, et al. v . City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2021-5268-CU-PO-CTL. ACTION: No Reportable Action 2022/11/08 City Council Post Agenda Page 25 of 719 2022/07/19 Minutes – City Council Regular Meeting Page 10 15. ADJOURNMENT The meeting was adjourned at 7:32 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk 2022/11/08 City Council Post Agenda Page 26 of 719 v . 0 03 P a g e | 1 November 8, 2022 ITEM TITLE Building and Fire Codes: Adopt Various 2022 California Building and Fire Codes Report Number: 22-0266 Location: No specific geographic location Department: Development Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Place ordinances on first reading amending Chula Vista Municipal Code chapters 15.06 (Administrative Provisions for the Technical Building Codes), 15.08 (Building Code), 15.09 (Residential Code), 15.10 (Referenced Standards Code), 15.12 (Green Building Standards), 15.14 (Existing Building Code), 15.16 (Mechanical Code), 15.24 (Electrical Code and Regulations), 15.26 (Energy Code), 15.28 (Plumbing Code), and 15.36 (Fire Code). (First Reading) SUMMARY The California Building Standards Commission (“CBSC”) has mandated that local jurisdiction within the State of California (“State”) start enforcing the 2022 Editions of the California building codes on January 1, 2023. The adoption of California building codes is a routine action undertaken by the City in response to State adopted building codes. This action allows the City to incorporate appropriate local amendments into the enforcement program. ENVIRONMENTAL REVIEW The Director of Development Services reviewed the proposed action for compliance with CEQA and determined that the action is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the action is not subject to CEQA. Thus, no environmental review is required. 2022/11/08 City Council Post Agenda Page 27 of 719 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION On Monday, October 10, 2022, the Board of Appeals and Advisors unanimously recommended adoption of the various 2022 Editions of the California building codes. DISCUSSION As mandated by the CBSC, jurisdictions within the State are required to begin enforcing the 2022 Editions of the California building codes on January 1, 2023. Every three years, the State adopts and amends the newest model codes published by the various independent code-developing bodies. New State building codes take effect one- hundred and eighty (180) days after they are published to allow local jurisdictions time to adopt local amendments to the State building codes before they take effect. Local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions. Local amendments are not effective until adopted by the local jurisdictions and filed with the CBSC. Most of the proposed local amendments within the proposed ordinances are currently codified in the Chula Vista Municipal Code (“CVMC”) and are being proposed for re-adoption. The 2022 California codes are updated editions of the current codes that are enforced locally and throughout the State. Therefore, City staff does not anticipate that it will be difficult for staff or the building industry to incorporate the code requirements into their current practices. The following are brief discussions on the various ordinances adopting the 2022 building codes and fire code: Ordinance A – CVMC Chapter 15.06 -Administrative Provisions for the Technical Building Codes The proposed ordinance amends Municipal Code Section 15.06.080(B), Work Exempt from Permits, so that our local exemptions are consistent with the exemptions that are in the 2022 building codes. In addition, the proposed ordinance amends a building standard exemption to reduce the exempted fence height from needing a building permit from over 7 feet to over 6 feet, and to over 4 feet for freestanding masonry walls. Ordinance B – CVMC Chapter 15.08 - 2022 California Building Code The proposed ordinance adopts the 2022 California Building Code and proposes the re-adoption of existing local amendments to the current Building Code adopted by the City. Ordinance C – CVMC Chapter 15.09 - 2022 California Residential Code The proposed ordinance adopts the 2022 California Residential Code. Staff is not proposing any local amendments to the code. Ordinance D – CVMC Chapter 15.10 - 2022 California Referenced Standards Code The proposed ordinance adopts the 2022 California Referenced Standards Code. Staff is not proposing any local amendments to the code. 2022/11/08 City Council Post Agenda Page 28 of 719 P a g e | 3 Ordinance E – CVMC Chapter 15.12 - 2022 California Green Building Standards Code The proposed ordinance adopts the 2022 California Green Building Standards Code and proposes the re- adoption of an existing non-technical local amendment to the current locally adopted Green Building Standards Code authorizing the Building Official to require the applicant to retain the services of a consultant having expertise in green building and/or energy efficiency techniques to review and evaluate complex systems. Ordinance F – CVMC Chapter 15.14 - 2022 California Existing Building Code The proposed ordinance adopts the 2022 California Existing Building Code. Staff is not proposing any local amendments to the code. Ordinance G – CVMC Chapter 15.16 - 2022 California Mechanical Code The proposed ordinance adopts the 2022 California Mechanical Code. Staff is not proposing any local amendments to the code. Ordinance H – CVMC Chapter 15.24 - 2022 California Electrical Code The proposed ordinance adopts the 2022 California Electrical Code and proposes the re-adoption of existing local amendments to the current Electrical Code previously adopted by the City. Ordinance I – CVMC Chapter 15.26 - 2022 California Energy Code The proposed ordinance adopts the 2022 California Energy Code and proposes the re-adoption of Sections 15.26.020, Outdoor lighting zones, and 15.26.050, Mandatory benchmarking and conservation requirements for multifamily and commercial buildings. Section 15.26.040, Mandatory energy efficiency requirements for additions to single-family homes and condos, is not being proposed for re-adoption. Pursuant to State law, Section 15.26.040 sunsets when the current State code sunsets. Staff anticipates bringing forward similar requirements that are based on the 2022 California Energy Code and are in compliance with the California Energy Commission’s approval process at a later date. Ordinance J – CVMC Chapter 15.28 - 2022 California Plumbing Code The proposed ordinance adopts the 2022 California Plumbing Code and proposes the re-adoption of Section 15.28.020, Residential Graywater Stub-out with a minor change to exclude Accessory Dwelling Units from the requirement. Ordinance K – CVMC Chapter 15.36 - 2022 California Fire Code The proposed ordinance repeals existing Chapter 15.36 of the CVMC and adopts a new Chapter 15.36 setting forth the 2022 California Fire Code and all local amendments. In addition to the adoption of the 2022 California Fire Code, the ordinance further proposes the re-adoption of existing local amendments with some minor additions and adjustments. Highlights of the new substantive amendments include aligning certain operational permits with the City’s adopted Master Fee Schedule, clarifying approved locations of barbeque use, and memorializing the use of an electronic platform to manage fire protection system inspection, testing, and maintenance records. The other minor additions and adjustments are administrative in nature. The 2022 CA Fire Code Amendment Matrix, Attachment 2, outlines specific amendment details. 2022/11/08 City Council Post Agenda Page 29 of 719 P a g e | 4 DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current year fiscal impact to the General Fund or the Development Services Fund as a result of this action. There are no increases in fees proposed in this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund or the Development Services Fund as a result of this action. ATTACHMENTS 1. Board of Appeals and Advisors Meeting Minutes, October 10, 2022. 2. 2022 CA Fire Code Amendment Matrix. Staff Contact: Lou El-Khazen, Building Official, Development Services Laura C. Black, AICP, Director of Development Services 2022/11/08 City Council Post Agenda Page 30 of 719 1 SPECIAL MEETING OF THE BOARD OF APPEALS AND ADVISORS Meeting Minutes October 10, 2022, 5:15 p.m. City Hall, Bldg. #A, Executive Conference Room #103 276 Fourth Avenue, Chula Vista Present: Bryan Ehm, David Iuli, Anthony Sclafani Also Present: Lou El-Khazen, Mariluz Zepeda Others Present Fire Marshall Gipson, Sr. Fire Inspector Golden, Sr. Fire Inspector Olivas _____________________________________________________________________ 1. CALL TO ORDER A special meeting of the Board of Appeals and Advisors of the City of Chula Vista was called to order at 5:15 p.m. in the Executive Conference Room 103, Building A, located at 276 Fourth Ave Chula Vista, CA 91910. 2. ROLL CALL Secretary Zepeda called the roll. Anthony Sclafani joined the meeting at 5:15 pm. Lou El-Khazen joined the meeting at 5:15 pm. Mariluz Zepeda joined the meeting at 5:15 pm. Bryan Ehm joined the meeting at 5:15 pm. David Iuli joined the meeting at 5:15 pm. 3. CONSENT CALENDAR Attachment 1 2022/11/08 City Council Post Agenda Page 31 of 719 2 3.1 Approval of Minutes: February 10, 2020 Moved by Bryan Ehm Seconded by David Iuli Approve the minutes of February 10, 2020 Result: Carried 4. PUBLIC COMMENTS There were none. 5. ACTION ITEMS 5.1 Appointment of Board Chair and Vice Chair for Fiscal Year 2022/2023. The Board members voted member Sclafani as Chair. Moved by David Iuli Seconded by Bryan Ehm Elect Chair and Vice-Chair Result: Carried Amendment: Moved by David Iuli Seconded by Anthony Sclafani The Board members voted member Ehm as Vice Chair. 5.2 Ordinances Adopting the Various 2022 Editions of the California Building Codes Moved by Bryan Ehm Seconded by David Iuli Recommend to City Council the adoption of the various 2022 Editions of the California building codes. Result: Carried OTHER BUSINESS 6. STAFF COMMENTS 2022/11/08 City Council Post Agenda Page 32 of 719 3 7. CHAIR'S COMMENTS 8. COMMISSIONERS' COMMENTS 9. ADJOURNMENT The meeting was adjourned at 6:46 p.m. Minutes prepared by: Mariluz Zepeda, Board Secretary _________________________ Mariluz Zepeda, Commission Secretary 2022/11/08 City Council Post Agenda Page 33 of 719 Attachment 2: 2022 CA Fire Code Amendment Matrix – City of Chula Vista Municipal Code 15.36 1 Following is a summary of amendments to the 2022 edition of the California Fire Code (CFC), which are further included in the City of Chula Vista Municipal Code (CVMC), Chapter 15.36. The amendments are organized sequentially by code section. California Health and Safety Code 17985.5 provides the authority for making local amendments. Amendments herein identify the California Code of Regulations, Title 24 (Title 24), sections being amended and distinguishes the amendment and/or added text from the text of Title 24 not being amended. The amendments contained throughout the adopting Fire Code Ordinance, CVMC 15.36, are more restrictive building standards and standards than those provided in Title 24. The City of Chula has made express findings that amendments to the building standards in Title 24 are reasonably necessary because of local climatic, geological, or topographical conditions. Amendment Description Key: Black text: 2022 CFC Blue / underlined text: City of Chula Vista amendment - CFC addition Blue / strikethrough text: City of Chula Vista amendment - CFC deletion Black text without a respective code section: Informational Chula Vista Municipal Code Chapter 15.36 Fire Code - Fire Protection and Prevention Amendments: The following amendments are proposed to implement the technical standards in the 2022 edition of the California Fire Code.ab No. Code Section(s) Amendment Description 1. CVMC 15.36.010 CFC 105.5 CFC 105.5.55 CFC 105.5.56 CFC 105.5.57 California Fire Code Chapter 1 - Scope and Administration - Adopted and amended 105.5 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in all of Section 105.5: Sections 105.5.2 1 through Sections 105.5.5257. 105.5.55 General use permit. An operational permit is required for the issuance of a general use permit and its respective inspection. A general use permit is required for any activity or operation not specifically described therein, to include high occupant loads and or when in the judgement of the Fire Code Official is likely to produce conditions hazardous to life or property. Mercantile occupancies 10,000sqf or greater, with no other permits, are required to have a general use operational permit. 105.5.56 State-mandated. An operational permit is required for California state-mandated inspected occupancies. 105.5.57 General use certificate. A temporary operational permit is required for the issuance of a general use certificate and its respective inspections. A general use certificate is required for each new business within the City that is applying for a business license or for an existing business that is changing operations or expanding business operations into new suites and is revising their respective business license (with a physical commercial address within city limits). 2022/11/08 City Council Post Agenda Page 34 of 719 Attachment 2: 2022 CA Fire Code Amendment Matrix – City of Chula Vista Municipal Code 15.36 2 CFC 106.1 CFC 108.2.3 CFC 112.4 CFC 113.4 106.1 Submittals and requirements. Construction documents and supporting data shall be submitted in two three or more sets, or in an approved electronic format, with each application for a permit and in such form and detail as required by the fire code official. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Construction documents, plans, submittals, and other documents associated with building or remodeling a structure, including fire and life safety systems and fire service features, shall be in accordance with adopted codes, Sections 106.1 through 106.4, and the Fire Department’s Fire Safety Engineering Standard Details and Requirements. Exception. The fire code official is authorized to waive the submission of construction documents and supporting data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. 108.2.3 Re-inspection. Following an inspection, whether initial, annual, or other, during which it is determined that a violation exists, fire code re-inspections may be conducted at the discretion of the Fire Department until such violations have been corrected. 112.4 Violation penalties. Persons who shall violate a provision of this code, including non-compliance with stop work and or do not occupy orders, or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor [SPECIFY OFFENSE], punishable by a fine of not more than the greater of $1,000 [AMOUNT] dollars or as established by the City of Chula Vista Policy and Procedures Manual for Civil penalties or by imprisonment not exceeding six (6) months [NUMBER OF DAYS], or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 113.4 Failure to comply. Any person, who shall continues any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a fines established by the authority having jurisdictionof not less than $250 dollars or more than $1,000 dollars. Necessary due to local Climatic, Geological, and Topographical Conditions 2. CVMC 15.36.015 CFC 202 California Fire Code Chapter 2 - Definitions - Adopted and amended FIRE AUTHORITY HAVING JURISDICTION (FAHJ). Designated entity providing enforcement of fire regulations as they relate to planning, construction and development, and maintenance. 2022/11/08 City Council Post Agenda Page 35 of 719 Attachment 2: 2022 CA Fire Code Amendment Matrix – City of Chula Vista Municipal Code 15.36 3 FIRE DEPARTMENT. Any regularly organized fire department, fire protection district, a legally formed volunteer fire department recorded with the County of San Diego, or Fire Company regularly charged with the responsibility of providing fire protection to the jurisdiction. FIRE HAZARD. Anything that increases or could cause an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or anything or act which could obstruct, delay, hinder or interfere with the operations of the fire department or egress of occupants in the event of fire. FIRE SERVICE FEATURES. Is a general term inclusive of all other terms such as driveway, fire lane, public street, private street, parking lot, lane, access roadway or the like. VEGETATION. Weeds, grass, vines or other organic (cellulose) growth that is capable of being ignited and endangering property. Necessary due to local Climatic, Geological, and Topographical Conditions 3. CVMC 15.36.020 CFC 303 CFC 308.1.4 California Fire Code Chapter 3 - General Requirements - Adopted in part and amended This CFC section is not adopted by the State nor the City. 308.1.4 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exceptions: 1. One- and two-family dwellingsGroup R-2 and Group R-3 occupancies. 2. Where buildings, balconies and decks are protected by an automatic sprinkler system. 3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 21/2 pounds [nominal 1 pound (0.454 kg) LP-gas capacity]. Necessary due to local Climatic, Geological, and Topographical Conditions 4. CVMC 15.36.025 California Fire Code Chapter 4 - Emergency Planning and Preparedness - Adopted in part Adopts only the sections and subsections of the State. Respective to Cannabis businesses and the licensing thereof, Emergency Action and Fire Prevention Plans are required and shall comply with the provisions as set forth in Chula Vista Municipal Code, 5.19.050.B.1.e, and as 2022/11/08 City Council Post Agenda Page 36 of 719 Attachment 2: 2022 CA Fire Code Amendment Matrix – City of Chula Vista Municipal Code 15.36 4 further outlined under the City’s Cannabis Regulations, §0502. Cannabis business Emergency Action and Fire Prevention Plans shall show compliance with California Fire Code, Chapter 4, Emergency Planning and Preparedness, Sections 404 through 407. 5. CVMC 15.36.030 CFC 511 CFC 511.1 California Fire Code Chapter 5 - Fire Service Features - Adopted and amended 511 PREPLANNING RESPONSE MAPS AND DATA 511.1 Requirements. Applicants submitting permits for and building any new development or project, which necessitates updating of emergency response maps by virtue of new structures and their respective appurtenances, hydrants, roadways, and or similar features, shall be required to provide electronic files with respective layers, in an approved format, to the FAHJ. Necessary due to local Climatic, Geological, and Topographical Conditions 6. CVMC 15.36.035 California Fire Code Chapter 6 - Building Services and Systems - Adopted 7. CVMC 15.36.040 California Fire Code Chapter 7 - Fire and Smoke Protection Features - Adopted 8. CVMC 15.36.045 California Fire Code Chapter 8 - Interior Finish, Decorative Materials and Furnishings - Adopted 9. CVMC 15.36.050 901.6.3.2 903.2.8.1.1 905.4 California Fire Code Chapter 9 - Fire Protection and Life Safety Systems - Adopted and amended 901.6.3.2 Records reporting. All inspection, testing and maintenance reports shall be forwarded and made accessible to the Fire Department using the electronic media and platform of the designated third party as approved by the City. Paper (hard copy) reports are not permitted. 903.2.8.1.1 NFPA 13-D meter size. The minimum water meter size serving NFPA 13-D (dwelling) fire sprinkler systems shall be no less than one (1) inch in diameter. Exceptions: 1. Minimum meter size can be dependent upon hydraulic analysis, including safety factors, for second dwelling units and accessory structures to group R3 occupancies. 905.4 Location of Class I standpipe hose connections. Class I standpipe hose connections shall be provided in all of the following locations: 1. In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at the intermediatemain floor level landings between floors unless otherwiseor as approved by the fire code official. See Section 909.20.2.3 of the California Building Code for additional provisions in smokeproof enclosures. 2022/11/08 City Council Post Agenda Page 37 of 719 Attachment 2: 2022 CA Fire Code Amendment Matrix – City of Chula Vista Municipal Code 15.36 5 Exception to Item 1 of 905.4 shall remain in full force and effect along with Exceptions 2 through 6. Necessary due to local Climatic, Geological, and Topographical Conditions 10. CVMC 15.36.055 California Fire Code Chapter 10 - Means of Egress - Adopted 11. CVMC 15.36.060 California Fire Code Chapter 11 - Construction Requirements for Existing Buildings - Adopted in part Adopts only the sections and subsections of the State. 12. CVMC 15.36.065 California Fire Code Chapter 12 - Energy Systems - Adopted 13. CVMC 15.36.070 California Fire Code Chapter 20 - Aviation Facilities - Adopted 14. CVMC 15.36.075 California Fire Code Chapter 21 - Dry Cleaning - Adopted 15. CVMC 15.36.080 California Fire Code Chapter 22 - Combustible Dust – Producing Operations - Adopted 16. CVMC 15.36.085 California Fire Code Chapter 23 - Motor Fuel-Dispensing Facilities and Repair Garages - Adopted 17. CVMC 15.36.090 California Fire Code Chapter 24 - Flammable Finishes - Adopted 18. CVMC 15.36.095 California Fire Code Chapter 25 - Fruit and Crop Ripening - Adopted 19. CVMC 15.36.100 California Fire Code Chapter 26 - Fumigation and Insecticidal Fogging - Not adopted This CFC chapter is not adopted by the State nor the City. 20. CVMC 15.36.105 California Fire Code Chapter 27 - Semiconductor Fabrication Facilities - Adopted 21. CVMC 15.36.110 California Fire Code Chapter 28 - Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities - Adopted 22. CVMC 15.36.115 California Fire Code Chapter 29 - Manufacture of Organic Coatings - Adopted 23. CVMC 15.36.120 California Fire Code Chapter 30 - Industrial Ovens - Adopted 24. CVMC 15.36.125 California Fire Code Chapter 31 - Tents, Temporary Special Event Structures and Other Membrane Structures - Adopted 25. CVMC 15.36.130 California Fire Code Chapter 32 - High-Piled Combustible Storage - Adopted 26. CVMC 15.36.135 California Fire Code Chapter 33 - Fire Safety During Construction and Demolition - Adopted 27. CVMC 15.36.140 California Fire Code Chapter 34 - Tire Rebuilding and Tire Storage - Adopted 28. CVMC 15.36.145 California Fire Code Chapter 35 - Welding and Other Hot Work - Adopted 29. CVMC 15.36.150 California Fire Code Chapter 36 - Marinas - Adopted 30. CVMC 15.36.155 California Fire Code Chapter 37 - Combustible Fibers - Adopted 31. CVMC 15.36.160 California Fire Code Chapter 39 - Processing and Extraction Facilities - Adopted 32. CVMC 15.36.165 California Fire Code Chapter 40 - Storage of Distilled Spirits and Wine - Adopted 33. CVMC 15.36.170 California Fire Code Chapter 48 - Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations - Adopted 2022/11/08 City Council Post Agenda Page 38 of 719 Attachment 2: 2022 CA Fire Code Amendment Matrix – City of Chula Vista Municipal Code 15.36 6 34. CVMC 15.36.175 CFC 4907.2 CFC 4907.3.1 California Fire Code Chapter 49 - Requirements for Wildland-Urban Interface Fire Areas - Adopted and amended 4907.2 Application. Buildings and structures located in the following areas shall maintain the required hazardous vegetation and fuel management: 1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as a State Responsibility Area (SRA). 2. Land designated as a Very High Fire Hazard Severity Zone by the Director. 3. Land designated in ordinance by local agencies as a Very High Fire Hazard Severity Zone pursuant to Government Code Section 51179. 4. Designated areas by the Fire Code Official. 4907.3.1 Designated areas. All non-maintained combustible vegetation, and or other such accumulations of non-maintained combustible vegetation materials in open space areas, as determined by the Fire Code Official, shall be maintained in an approved manner within one hundred (100) feet of any building or structure designed or intended for occupancy by humans or animals. Necessary due to local Climatic, Geological, and Topographical Conditions 35. CVMC 15.36.180 California Fire Code Chapter 50 - Hazardous Materials - General Provisions - Adopted 36. CVMC 15.36.185 California Fire Code Chapter 51 - Aerosols - Adopted 37. CVMC 15.36.190 California Fire Code Chapter 53 - Compressed Gases - Adopted 38. CVMC 15.36.195 California Fire Code Chapter 54 - Corrosive Materials - Adopted 39. CVMC 15.36.200 California Fire Code Chapter 55 - Cryogenic Fluids - Adopted 40. CVMC 15.36.205 CFC 5601.1.3.1 CFC 5601.1.3.2 California Fire Code Chapter 56 - Explosives and Fireworks - Adopted and amended 5601.1.3.1 Retail fireworks. The storage, use, sale, possession, and handling of fireworks 1.4G (commonly referred to as Safe & Sane) and fireworks 1.3G are prohibited unless they are being used as part of a public display when permitted and conducted by a licensed pyrotechnic operator. 5601.1.3.2 Seizure of fireworks. The fire code official shall have the authority to seize, take, or remove all fireworks possessed, stored, sold, offered for sale, used or handled in violation of the provisions of this Ordinance and Title 19 California Code of Regulations. Necessary due to local Climatic, Geological, and Topographical Conditions 41. CVMC 15.36.210 California Fire Code Chapter 57 - Flammable and Combustible Liquids - Adopted 42. CVMC 15.36.215 California Fire Code Chapter 58 - Flammable Gases and Flammable Cryogenic Fluids - Adopted 2022/11/08 City Council Post Agenda Page 39 of 719 Attachment 2: 2022 CA Fire Code Amendment Matrix – City of Chula Vista Municipal Code 15.36 7 43. CVMC 15.36.220 California Fire Code Chapter 59 - Flammable Solids - Adopted 44. CVMC 15.36.225 California Fire Code Chapter 60 - Highly Toxic and Toxic Materials - Adopted 45. CVMC 15.36.230 California Fire Code Chapter 61 - Liquefied Petroleum Gases - Adopted 46. CVMC 15.36.235 California Fire Code Chapter 62 - Organic Peroxides - Adopted 47. CVMC 15.36.240 California Fire Code Chapter 63 - Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids - Adopted 48. CVMC 15.36.245 California Fire Code Chapter 64 - Pyrophoric Materials - Adopted 49. CVMC 15.36.250 California Fire Code Chapter 65 - Pyroxylin (Cellulose Nitrate) Plastics - Adopted 50. CVMC 15.36.255 California Fire Code Chapter 66 - Unstable (Reactive) Materials - Adopted 51. CVMC 15.36.260 California Fire Code Chapter 67 - Water-Reactive Solids and Liquids - Adopted 52. CVMC 15.36.265 California Fire Code Chapter 80 - Referenced Standards - Adopted 53. CVMC 15.36.270 CFC Table B105.1(1) California Fire Code Appendices - Adopted in part and amended TABLE B105.1(1). TABLE B105.1(1) REQUIRED FIRE FLOW FOR ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSESb Fire-Flow Calculation Area (sqf) Automatic Sprinkler Systems (design-standard) Minimum Fire-Flow (gallons per minute)a Flow Duration (hours) 0-3,600 No automatic sprinkler system 1,000Value in Table B105.1(2) 1Duration in Table B105.1(2) at the required fire-flow rate 3,601 and greater No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) at the required fire-flow rate 0-3,600 Section 903.3.1.3 of the California Fire 500Value in Table B105.1(2) ½ Duration in Table B105.1(2) at Formatted: Superscript2022/11/08 City Council Post Agenda Page 40 of 719 Attachment 2: 2022 CA Fire Code Amendment Matrix – City of Chula Vista Municipal Code 15.36 8 CFC Table B105.2 Code or Section 313.3 of the California Residential Code the required fire-flow rate 3,601 and greater Section 903.3.1.3 of the California Fire Code or Section 313.3 of the California Residential Code ½ Value in Table B105.1(2) 1 Duration in Table B105.1(2) at the required fire-flow rate For SI: 1 square foot = 0.0929 m2. 1 gallon per minute = 3.785 L/m. a. The fire flow rates as listed in Table B105.1(2) are capped at 5,000gpm. b. When the existing water main cannot supply the minimum required fire flow rate, the FAHJ may require a fire sprinkler system to be installed, if not required by other portions of adopted codes, or a fire sprinkler system hazard classification upgrade in lieu of water main upsizing. TABLE B105.2. TABLE B105.2 REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSESc Automatic Sprinkler Systems (design-standard) Minimum Fire-Flow (gallons per minute)b Flow Duration (hours) No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California Fire Code 2575% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the reduced original flow rate Formatted: SuperscriptFormatted: Superscript2022/11/08 City Council Post Agenda Page 41 of 719 Attachment 2: 2022 CA Fire Code Amendment Matrix – City of Chula Vista Municipal Code 15.36 9 CFC BB105.1 CFC Table C102.1 CFC Table CC105.1 Section 903.3.1.2 of the California Fire Code 2575% of the value in Table B105.1(2)ba Duration in Table B105.1(2) at the reduced original flow rate For SI: 1 gallon per minute = 3.785 L/m a. The reduced fire-flow rate shall not be less than 1,000 500 gallons per minute. b. The reduced fire-flow rate shall not be less than 1,500 gallons per minute. The fire flow rates as listed in Table B105.1(2) are capped at 5,000gpm. c. When the existing water main cannot supply the minimum required fire flow rate, the FAHJ may require a fire sprinkler system to be installed, if not required by other portions of adopted codes, or a fire sprinkler system hazard classification upgrade in lieu of water main upsizing. BB105.1 The minimum fire flow and flow duration for school buildings shall be as specified in Table BB105.1. Exception. A reduction in required fire flow of up to 75 25 percent is allowed when the building is provided with an approved automatic sprinkler system. When a reduction in fire flow is used, fire flow shall not be less than 1500 GPM. TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS For SI: 1 foot = 304.8 mm, 1 gallon per minute = 3.785 L/m a. Reduce by 100 feet for dead-end streets or roads. b. Where streets are provided with median dividers that cannot be crossed by fire fighters pulling hose lines, or where arterial streets are provided with four or more traffic lanes and have a traffic count of more than 30,000 vehicles per day, hydrant spacing shall average 500 feet on each side of the street and be arranged on an alternating basis. c. Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for transportation hazards. d. Reduce by 50 feet for dead-end streets or roads. e. One hydrant for each 1,000 gallons per minute or fraction thereof. f. A 50-percent spacing increase shall be permitted where the building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1 of the California Fire Code. g. A 25-percent spacing increase shall be permitted where the building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.2 or 903.3.1.3 of the California Fire Code or Section 313 of the California Residential Code. 2022/11/08 City Council Post Agenda Page 42 of 719 Attachment 2: 2022 CA Fire Code Amendment Matrix – City of Chula Vista Municipal Code 15.36 10 CFC Appx. H CFC Appx. O ha. The fire code official is authorized to modify the location, number and distribution of fire hydrants based on site-specific constraints and hazards. TABLE CC105.1 NUMBER AND DISTRIBUTION OF FIRE HYDRANTS For SI: 1 foot = 304.8 mm, 1 gallon per minute = 3.785 L/m. a. Reduce by 100 feet for dead-end streets or roads. b. Where streets are provided with median dividers which can be crossed by fire fighters pulling hose lines, or where arterial streets are provided with four or more traffic lanes and have a traffic count of more than 30,000 vehicles per day, hydrant spacing shall average 500 feet on each side of the street and be arranged on an alternating basis up to a fire-flow requirement of 7,000 gallons per minute and 400 feet for higher fire-flow requirements. c. Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for transportation hazards. d. Reduce by 50 feet for dead-end streets or roads. e. One hydrant for each 1,000 gallons per minute or fraction thereof. Appendix H, Hazardous Materials Management Plans and Hazardous Materials Inventory Statements, is adopted in its entirety. Appendix O, Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses, is adopted in its entirety. Appendices not listed herein are not adopted as part of this Ordinance. Necessary due to local Climatic, Geological, and Topographical Conditions aSee City of Chula Vista 2022 California Fire Code Adopting Ordinance’s Findings and Declarations (Section III) for Details on Climatic, Geological, and Topographical Express Findings and Markings bAll CFC Chapters adopted in their entirety with amendments or without amendments that may include additional code sections or subsections beyond the State’s adoption are necessary due to local Climatic, Geological, and Topographical Conditions 2022/11/08 City Council Post Agenda Page 43 of 719 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.06 OF THE CHULA VISTA MUNIC IPAL CODE, ADMINISTRATIVE PROVISIONS FOR THE TECHNICAL BUILDING CODES WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and WHEREAS, local jurisdictions are permitted to adopt local amendments to the State building codes before they take effect; and WHEREAS, local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the proposed ordinance amends Municipal Code Section 15.06.080(B), Work Exempt from Permits, so that our local exemptions are in-line with the exemptions that are in the 2022 building codes and amends a building standard exemption to reduce the exempted fence height from needing a building permit from over 7 feet to over 6 feet, and to over 4 feet for freestanding masonry walls. The City Council of the City of Chula Vista does ordain as follows: Section I. That the following subsections of section 15.06.080(B) of chapter 15.06, Administrative Provisions for the Technical Building Codes, of the Chula Vista Municipal Code are amended or restated to read as follows: (1)(a) One-story detached accessory structures, not exceeding 12 feet in height, used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 144 120 square feet and are located so as to comply with the provisions of CVMC 19.58.020. (1)(c) Fences up to 72 inches and freestanding masonry walls up to 48 inches in height above the highest adjacent grade. Fences, walls, or gates that extend across fire apparatus access roads require a permit from the Chula Vista Fire Department. (3)(o) Communication circuits per Article 800 of the electrical code. Installation or maintenance of communication wiring, devices, appliances, apparatus, or equipment. 2022/11/08 City Council Post Agenda Page 44 of 719 Ordinance No. Page 2 Section II. Scope of Amendment This Amendment changes only the subsections specifically identified in Section I above. No other changes to chapter 15.06 are contemplated or intended by this Ordinance. The balance of chapter 15.06 shall remain unchanged and continue in full force and effect. Section III. Findings and Declaration The City Council specifically and expressly finds and declares that the amendments to the Chula Vista Municipal Code section 15.06.080(B) implementing changes to standards in Section 105.2(2) of the California Building Code and Section R105.2(2) of the California Residential Code are necessary due to local geologic conditions. The City is subject to earthquake hazards caused by its proximity to seismic faults. The amendments are necessary to limit property damage as a result of seismic activity. Section IV. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section V. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section VI. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2023. Section VII. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. 2022/11/08 City Council Post Agenda Page 45 of 719 Ordinance No. Page 3 Presented by Approved as to form by Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney 2022/11/08 City Council Post Agenda Page 46 of 719 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.08 OF THE CHULA VISTA MUNIC IPAL CODE, BUILDING CODE, ADOPTING THE CALIFORNIA BUILDING CODE, 2022 EDITION AND LOCAL AMENDMENTS THERETO WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and WHEREAS, local jurisdictions are permitted to adopt local amendments to the State building codes before they take effect; and WHEREAS, local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the proposed ordinance adopts the 2022 California Building Code and proposes the re-adoption of existing local amendments to the current Building Code adopted by the City. The City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 15.08 That chapter 15.08 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.08 BUILDING CODE Sections: 15.08.010 California Building Code, 2019 Edition, adopted by reference. 15.08.020 Subsection 705.11 is amended to add an exception to the requirement for parapets. 15.08.030 Subsection 1510.6.4 is added to Section 1510.6 to require equipment enclosures on roofs. 15.08.010 California Building Code, 2019 2022 Edition, adopted by reference. There is hereby adopted by reference the California Building Code, 2019 2022 Edition, known as the California Code of Regulations, Title 24 part 2, including Appendix 2022/11/08 City Council Post Agenda Page 47 of 719 Ordinance No. Page 2 C and Appendix I, and Appendix P, as adopted by state agencies, and excluding Chapter 1, Division II of that document as copyrighted by the International Code Council, and the California Building Standards Commission. Said document is hereby adopted as the Building Code of the City of Chula Vista for regulating the erection, construction, enlargement, alteration, repair, moving, demolition, conversion, occupancy, use, height, and area of all buildings and structures in the City, excepting such portions as are hereinafter deleted, modified, or amended. Chapter 15.06 of the Chula Vista Municipal Code shall serve as the administrative, organizational and enforcement rules and regulations for this Chapterchapter. 15.08.020 Subsection 705.11 is amended to add an exception to the requirement for parapets. Exception 7 is hereby added to Subsection 705.11 of the California Building Code, as it applies in Chula Vista, and shall read as follows: Exception 7. Conversion of existing Group R occupancies to offices. 15.08.030 Subsection 15101511.6.4 is added to Section 15101511.6 to require equipment enclosures on roofs. Subsection 15101511.6.4 is hereby added to Section 15101511.6 of the California Building Code, as it applies in Chula Vista, and shall read as follows: Subsection 15101511.6.4 Equipment Enclosure. Operating equipment, including piping and ducts located on the roof of a building, shall be shielded from view from public thoroughfares, and private and public parking lots. Equipment enclosures shall not be constructed so as to trap flammable or combustible vapors. Exception: Solar collectors. Does not include structural supporting members. Section II. Findings and Declaration The City Council specifically and expressly finds and declares that sections 15.08.020 and 15.08.030 are necessary due to local topographical conditions. As a result of the geographical layout of the City of Chula Vista, the City Council deems it aesthetically important to shield roof equipment enclosures from public view. Also, exempting conversion of existing Group R occupancies to offices from subsection 705.11 of the California Building Code is an important historical exemption contained in the Chula Vista Municipal Code from years past and the City Council deems this exemption necessary to preserve local topographical conditions. 2022/11/08 City Council Post Agenda Page 48 of 719 Ordinance No. Page 3 Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2023. Section VI. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney 2022/11/08 City Council Post Agenda Page 49 of 719 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.09 TO THE CHULA VISTA MUNIC IPAL CODE, RESIDENTIAL CODE, ADOPTING THE CALIFORNIA RESIDENTIAL CODE, 2022 EDITION WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and WHEREAS, local jurisdictions are permitted to adopt local amendments to the State building codes before they take effect; and WHEREAS, local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the proposed ordinance adopts the 2022 California Residential Code with no local amendments. The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.09 That Chapter 15.09 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.09 RESIDENTIAL CODE Sections: 15.09.010 California Residential Code, 2019 2022 Edition, adopted by reference. 15.09.010 California Residential Code, 2019 2022 Edition, adopted by reference. There is hereby adopted by reference the California Residential Code, 2019 2022 Edition, known as the California Code of Regulations, Title 24 part 2.5, including Appendix AH, AQ, AS, V AX and X AZ, as adopted by state agencies, and excluding Chapter 1, Division II of that document as copyrighted by the International Code Council and the California Building Standards Commission. Said document is hereby adopted as the residential code of the City of Chula Vista for regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every detached one-and two-family dwelling, townhouse not more than three stories above grade plane in height with a separate means of egress and structures accessory thereto throughout the City, excepting such portions as 2022/11/08 City Council Post Agenda Page 50 of 719 Ordinance No. Page 2 are hereinafter deleted, modified, or amended. Municipal Code Chapter chapter 15.06 shall serve as the administrative, organizational and enforcement rules and regulations for this Chapterchapter. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2023. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney 2022/11/08 City Council Post Agenda Page 51 of 719 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.10 OF THE CHULA VISTA MUNIC IPAL CODE, REFERENCED STANDARDS CODE, ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE, 2022 EDITION WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and WHEREAS, local jurisdictions are permitted to adopt local amendments to the State building codes before they take effect; and WHEREAS, local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the proposed ordinance adopts the 2022 California Referenced Standards Code with no local amendments. The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.10 That Chapter 15.10 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.10 REFERENCED STANDARDS CODE Sections: 15.10.010 California Referenced Standards Code, 2019 2022 Edition, adopted by reference. 15.10.010 California Referenced Standards Code, 2019 2022 Edition, adopted by reference. There is hereby adopted by reference the California Referenced Standards Code, know as California Code of Regulations, Title 24 part 12, 2019 2022 Edition, as copyrighted by the California Building Standards Commission. Said document is hereby adopted as the referenced standards code of the City of Chula Vista, for the purpose of providing minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, certain equipment, use and occupancy, location and maintenance of all buildings and structures within the City of Chula 2022/11/08 City Council Post Agenda Page 52 of 719 Ordinance No. Page 2 Vista. Chapter 15.06 CVMC of the Chula Vista Municipal Code shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2023. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney 2022/11/08 City Council Post Agenda Page 53 of 719 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.12 TO THE CHULA VISTA MUNICIPAL CODE, GREEN BUILDING STANDARDS, ADOPTING THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 EDITION AND LOCAL AMENDMENTS THERETO WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and WHEREAS, local jurisdictions are permitted to adopt local amendments to the State building codes before they take effect; and WHEREAS, local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the proposed ordinance adopts the 2022 California Green Building Standards Code and proposes the re-adoption of an existing non-technical local amendment to the current locally adopted Green Building Standards Code. The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.12 That chapter 15.12 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.12 Green Building Standards Sections: Section 15.12.001 California Green Building Standards Code, 2019 2022 Edition, adopted by reference Section 15.12.005 California Green Building Standards Code Subsection 102.4 Section 15.12.001 California Green Building Standards Code, 2019 2022 Edition, adopted by reference There is hereby adopted by reference the California Green Building Standards Code, 2019 2022 Edition, known as the California Code of Regulations, Title 24 part 11, as copyrighted by the California Building Standards Commission. Said document is hereby adopted as the green building code of the City of Chula Vista for enhancing the design and construction of buildings, building additions and alterations through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices, 2022/11/08 City Council Post Agenda Page 54 of 719 Ordinance No. Page 2 excepting such portions as are hereinafter deleted, modified, or amended. Chapter 15.06 CVMC of the Chula Vista Municipal Code shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. Section 15.12.005 California Green Building Standards Code Subsection 102.4 Subsection 102.4 is hereby added to sectionSection 102 of the California Green Building Standards Code, as it applies in Chula Vista, and shall read as follows: 102.4 Consultant Services. The Building Official may require the applicant to retain the services of a consultant having expertise in gGreen bBuilding and/or energy efficiency techniques to review and evaluate complex systems and/or alternate methods or materials of construction and provide recommendations as to compliance with the requirements of this code. The cost of such consultant shall be paid by the applicant. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2023. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. 2022/11/08 City Council Post Agenda Page 55 of 719 Ordinance No. Page 3 Presented by Approved as to form by Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney 2022/11/08 City Council Post Agenda Page 56 of 719 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.14 OF THE CHULA VISTA MUNIC IPAL CODE, EXISTING BUILDING CODE, ADOPTING THE CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and WHEREAS, local jurisdictions are permitted to adopt local amendments to the State building codes before they take effect; and WHEREAS, local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the proposed ordinance adopts the 2022 California Existing Building Code with no local amendments. The City Council of the City of Chula Vista does ordain as follows: Section I. Added Chapter 15.14 That Chapter 15.14 is hereby added to the Chula Vista Municipal Code to read as follows: Chapter 15.14 EXISTING BUILDING CODE Sections: 15.14.010 California Existing Building Code, 2019 2022 Edition, adopted by reference. 15.14.010 California Existing Building Code, 2019 2022 Edition, adopted by reference. There is hereby adopted by reference the California Existing Building Code, 2019 2022 Edition, known as the California Code of Regulations, Title 24, Part 10, including Appendix A,1, A2, A3, A4 and A5 as adopted by state agencies, and excluding Chapter 1, Division II thereof, as copyrighted by the International Code Council and the California Building Standards Commission. Said document is hereby adopted as the existing building code of the City of Chula Vista, providing for and regulating the repair, alteration, change of occupancy, addition to and relocation of existing buildings within the City. Chapter 2022/11/08 City Council Post Agenda Page 57 of 719 Ordinance No. Page 2 15.06 CVMC of the Chula Vista Municipal Code shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2023. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney 2022/11/08 City Council Post Agenda Page 58 of 719 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.16 OF THE CHULA VISTA MUNIC IPAL CODE, MECHANICAL CODE, ADOPTING THE CALIFORNIA MECHANICAL CODE, 2022 EDITION WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and WHEREAS, local jurisdictions are permitted to adopt local amendments to the State building codes before they take effect; and WHEREAS, local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the proposed ordinance adopts the 2022 California Mechanical Code with no local amendments. The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.16 That cChapter 15.16 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.16 MECHANICAL CODE Sections: 15.16.010 California Mechanical Code, 2019 2022 Edition, adopted by reference. 15.16.010 California Mechanical Code 2019 2022 Edition adopted by reference. There is hereby adopted by reference the California Mechanical Code, 2019 2022 Edition, known as the California Code of Regulations, Title 24, Part 4, including Appendix B and C, as adopted by state agencies, and excluding Chapter 1, Division II thereof, as copyrighted by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission. Said document is hereby adopted as the mechanical code of the City of Chula Vista, providing for and regulating the complete 2022/11/08 City Council Post Agenda Page 59 of 719 Ordinance No. Page 2 installation and maintenance of heating, ventilation, cooling and refrigeration systems within the City. Chapter 15.06 CVMC of the Chula Vista Municipal Code shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2023. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney 2022/11/08 City Council Post Agenda Page 60 of 719 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE, ELECTRICAL CODE AND REGULATIONS, ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2022 EDITION AND LOCAL AMENDMENTS THERETO WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and WHEREAS, local jurisdictions are permitted to adopt local amendments to the State building codes before they take effect; and WHEREAS, local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the proposed ordinance adopts the 2022 California Electrical Code and proposes the re-adoption of existing local amendments to the current Electrical Code and Regulations previously adopted by the City. The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.24 That chapter 15.24 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.24 ELECTRICAL CODE AND REGULATIONS Sections: 15.24.010 California Electrical Code, 2019 2022 Edition, adopted by reference. 15.24.035 Previously used materials. 15.24.045 Distribution panels – Separate required when. 15.24.050 Circuit cards to be posted when. 15.24.055 Electric fences – Defined – Prohibited. 15.24.060 Phase arrangement – Amended. 15.24.065 Repealed. 15.24.070 Repealed. 2022/11/08 City Council Post Agenda Page 61 of 719 Ordinance No. Page 2 15.24.010 California Electrical Code, 20192022 Edition, adopted by reference. There is hereby adopted by reference the California Electrical Code, 2019 2022 Edition, known as the California Code of Regulations Title 24, Part 3, as copyrighted by the National Fire Protection Association and the California Building Standards Commission. Said document is hereby adopted as the electrical code of the City of Chula Vista, regulating the installation, repair, operation and maintenance of all electrical wiring and electrical apparatus of any nature whatsoever, whether inside or outside of any building within the City, excepting such portions as are hereinafter deleted, modified, or amended. Chapter 15.06 CVMC of the Chula Vista Municipal Code shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. 15.24.035 Previously used materials. Previously used materials shall not be reused in any work without approval by the Building Official. 15.24.045 Distribution panels – Separate required when. Each store in a store building, each flat in a flat building, and each building used as a dwelling shall be so wired that each store, apartment, flat, or dwelling shall have separate lighting and power distribution panels as applicable. Such panels shall not serve other portions of the building. Hotels, motels, hotel apartments, and similar types of buildings may be wired from one or more distribution panels. 15.24.050 Circuit cards to be posted when. When requested by the Building Official, a complete schedule of circuits showing the number, kind, and capacity of each outlet on each circuit shall be posted on each job prior to rough inspection. 15.24.055 Electric fences – Defined – Prohibited. A. As used herein, the term “electric fence” includes all fences which in any way use electrical energy as an additional deterrent or have wires charged with electricity which are not covered with adequate insulation to protect persons and animals coming in contact therewith. B. No electric fence may be constructed, maintained or operated within the City. 15.24.060 Phase arrangement – Amended. Section 408.3(E)(1) of the California Electrical Code is hereby amended to read: AC Phase Arrangement. Alternating-current phase arrangement on 3-phase buses shall be A, B, C from front to back, top to bottom, or left to right, as viewed from the front of the switchboard, switchgear, or panelboard. The B C phase shall be that phase having the higher voltage to ground on 3-phase, 4-wire, delta-connected systems. Other busbar arrangements shall be permitted for additions to existing installations and shall be marked. 2022/11/08 City Council Post Agenda Page 62 of 719 Ordinance No. Page 3 Section II. Findings and Declaration The City Council of the City of Chula Vista specifically and expressly finds and declares that section 15.24.060 is necessary due to local climatic, geological, and topographical conditions. Local utilities require having the higher voltage to ground be located on the “C” phase. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2023. Section VI. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney 2022/11/08 City Council Post Agenda Page 63 of 719 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNIC IPAL CODE, ENERGY CODE, ADOPTING THE CALIFORNIA ENERGY CODE, 2022 EDITION AND LOCAL AMENDMENTS THERETO WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and WHEREAS, local jurisdictions are permitted to adopt local amendments to the State building codes before they take effect; and WHEREAS, local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the proposed ordinance adopts the 2022 California Energy Code and proposes the re-adoption of Sections 15.26.020, Outdoor lighting zones, and 15.26.050, Mandatory benchmarking and conservation requirements for multifamily and commercial buildings, and proposes the deletion of Section 15.26.040, Mandatory energy efficiency requirements for additions to single-family homes and condos. The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.26 That chapter 15.26 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.26 ENERGY CODE Sections: 15.26.010 California Energy Code, 2019 2022 Edition, adopted by reference. 15.26.020 Outdoor lighting zones. 15.26.030 Repealed. 15.26.040 Mandatory energy efficiency requirements for additions to single-family homes and condos. Repealed. 15.26.050 Mandatory benchmarking and conservation requirements for multifamily and commercial buildings. 15.26.010 California Energy Code, 2019 2022 Edition, adopted by reference. 2022/11/08 City Council Post Agenda Page 64 of 719 The City of Chula Vista adopts, by reference, that certain document known as the California Energy Code, 2019 2022 Edition, set forth in Title 24, Part 6, of the California Code of Regulations, as copyrighted by, and as may be amended from time to time by, the California Building Standards Commission. That California Energy Code is adopted as the energy code of the City of Chula Vista for the purpose of regulating building design and construction standards to increase efficiency in the use of energy for new residential and nonresidential buildings. Chapter 15.06 CVMC of the Chula Vista Municipal Code shall serve as the administrative, organizational, and enforcement rules and regulations for this chapter. 15.26.020 Outdoor lighting zones. Pursuant to Section 10-114 (c) of the California Code of Regulations, Title 24, Part 1, the city has adopted an outdoor lighting zones map amending state default lighting zones as applied to certain areas of the City. The location of outdoor lighting zones in the City are per the adopted Outdoor Lighting Zones Map, dated September 2, 2005 and kept on file with the City’s Development Services Department. 15.26.040 Mandatory energy efficiency requirements for additions to single-family homes and condos. A. Purpose and Intent. It is the purpose and intent of this section to require installation of specific energy efficiency measures in less energy efficient homes, when such homes undertake additions or remodels, in order to reduce GHG emissions resulting from energy consumption. B. Applicability. This section applies to dwelling units constructed before 2006, that are undergoing a permitted Addition or Remodel, either in Low-Rise Residential Buildings (as defined in Title 24, Part 6, Section 100.1) with one to four dwelling units, or that are individually owned residential condominiums and townhouses. EXCEPTION: This section shall not be triggered by creation of a new Accessory dwelling unit (ADU) or Junior accessory dwelling unit (JADU) alone. This section does apply to Additions to, or Remodels of, existing ADUs or JADUs. C. Definitions. For purposes of this section, the following terms shall have the following meanings: Addition. See definition in Title 24, Part 6, Section 100.1(b). Compliance Report” means a Certificate of Compliance generated by approved Energy Code compliance software, including CBECC-Res and EnergyPro. “Condo” means an individually owned residential unit within a building containing five or more dwelling units. “Home” means a residential building containing between one and four dwelling units. 2022/11/08 City Council Post Agenda Page 65 of 719 “Remodel” means any of the following: 1. Any change or rearrangement, other than a repair, of the structural elements of an existing building including foundations, footing, sub-floors, lintels, beams, columns, girders, slabs, roof trusses, staircases, load bearing walls, door frames, window frames, or any other part of the building that resists force or movement. 2. Change or rearrangement of the plan configuration of walls and full-height partitions of an existing building. “Steep Slope” means a roof slope greater than two units vertical in 12 units horizontal (17 percent slope). “Total Energy Use” means the energy consumption estimated by approved Energy Code compliance software, including CBECC-Res and EnergyPro, in terms of kTDV per square foot per year (kTDV/sf2 – yr). D. Requirements. The following requirements shall apply to the entire dwelling unit, not just the additional or altered portion. Where these requirements conflict with other energy code requirements, the stricter requirement shall prevail. Homes and Condos shall comply with either the Prescriptive Approach or the Performance Approach. 1. Prescriptive Approach. a. The Minimum Number of Energy Upgrade Measures shown below in Table 15.26.040(D)(1)(a) must be completed in accordance with the building type, construction date and climate zone. Table 15.26.040(D)(1)(a). Minimum Number of Energy Upgrade Measures Year Built Building Type Climate Zone 7 Climate Zone 10 Before Homes and Choose 3 Energy Choose 4 Energy 1978 Condos Upgrade Measures Upgrade Measures 1978-1991 Condos Choose 3 Energy Upgrade Measures Homes Choose 2 Energy Upgrade Measures 2022/11/08 City Council Post Agenda Page 66 of 719 Year Built Building Type Climate Zone 7 Climate Zone 10 1992-2005 Homes and Condos Choose 2 Energy Upgrade Measures b. Additions or Remodels involving steep sloped roof replacement, recovering or recoating of either more than 50 percent or more than 2,000 square feet of roof area, or new steep sloped roof sections of any size, are also required to meet the Cool Roof requirements in Table 15.26.040(D)(1)(b) for the roofing material added to: i. Homes constructed pre-1978 in climate zone 7 or pre-2006 in climate zone 10. ii. Condos constructed pre-1992 in climate zone 7 or pre-2006 in climate zone 10. c. Qualifying Energy Upgrade Measures that count toward satisfying the minimum indicated in Table 15.26.040(D)(1)(a) shall be chosen from the Prescriptive Energy Upgrade Measure List shown below in Table 15.26.040(D)(1)(c), and shall be completed in accordance with the specifications therein. Materials must meet the parameters included below in Table 15.26.040(D)(1)(c) as a minimum. More energy efficient materials may be substituted. Table 15.26.040(D)(1)(c). Prescriptive Energy Upgrade Measure List (section references are to California Code of Regulations, Title 24, Part 6, Subchapter 8) Package Specification R-38 Attic Add attic insulation in buildings with vented attic spaces to Insulation meet R-38 per requirements of section 150.1(c)1Aii or iii. Air Sealing Apply air sealing practices throughout all accessible areas of the building. All joints, penetrations and other openings in the building envelope that are potential sources of air leakage shall be caulked, gasketed, weather stripped, or otherwise sealed to limit infiltration and exfiltration. Buildings constructed before 1992 should be sealed to 7 Air Changes per Hour (ACH) and buildings constructed from 1992-2005 should be sealed to 5 ACH, at 50 Pascals pressure difference. Homes with one or more vented combustion appliances must have a BPI 2022/11/08 City Council Post Agenda Page 67 of 719 Package Specification Combustion Appliance Safety Inspection performed after air sealing. Cool Roof For steep slope roofs, install a roofing product rated by the Cool Roof Rating Council (CRRC) with an aged solar reflectance of 0.25 or higher and thermal emittance of 0.75 or higher. Duct Sealing Air seal all ductwork to meet the requirements of Section 150.2(b)1E as if the heating system were being replaced. LED Lighting Replace screw-in halogen, incandescent or CFL light bulbs with LED light bulbs in accordance with the requirements of Section 150.0(k)1.A, D, G, H and I. Water 1. Water Heater Blanket: Add R-6 insulation to the exterior Heating of existing residential tank storage water heaters Package manufactured before April 2015. Requirement is waived for water heaters with internal tank insulation of at least R-16. 2. Hot Water Pipe Insulation - Insulate all accessible hot water pipes with R-3 pipe insulation per requirements of section 150.0(j)2.A. 3. Low Flow Fittings - Upgrade sink and shower fittings to meet current CALGreen requirements, which require maximum flow rates of 1.8 gallons per minute (gpm) for showerheads and kitchen faucets, and 1.2 gpm for bathroom faucets per requirements of CALGreen Section 4.303. Windows Replace existing single pane windows with a dual pane product, which has a U-factor equal to 0.32 or lower and a Solar Heat Gain Coefficient (SHGC) equal to 0.25 or lower. This measure was only evaluated for the pre-1978 vintage, 2022/11/08 City Council Post Agenda Page 68 of 719 Package Specification which is assumed to have single-pane, metal-frame windows. Water Heater High Efficiency Heat Pump Water Heater: Replace natural Replacement gas storage water heater, or tankless water heater having an Energy Factor of .81 or less, with Heat Pump Water Heater with Uniform Energy Factor (UEF) of at least 3.1 (Northwest Energy Efficiency Alliance Tier 3). -or- High Efficiency Tankless Water Heater: Replace natural gas storage water heater, or tankless water heater having an Energy Factor of .81 or less, with tankless water heater with a minimum Energy Factor of 0.96. Air High Efficiency Air Conditioner: Replace an existing air Conditioner conditioner having a SEER rating of 13 or less with an air Replacement conditioner of at least 18 SEER. -or- High Efficiency Heat Pump: Replace an existing air conditioner having a SEER rating of 13 or less with a Heat Pump of at least 18 SEER. d. Measure Already Completed. Where measures substantially similar to those specified in Table 15.26.040(D)(1)(c) are already in place, they shall count toward satisfaction of the Minimum Number of Energy Upgrade Measures in Table 15.26.040(D)(1)(a). e. Project Value Cutoff. If the cost of completing the Minimum Number of Energy Upgrade Measures in Table 15.26.040(D)(1)(a) is projected to exceed 20 percent of the projected cost of the Addition or Remodel absent those measures, permit applicants can propose a more limited set from among Prescriptive Energy Upgrade Measure List in Table 15.26.040(D)(1)(c) which does not exceed 20 percent. The limited set must include as many of the required measures as possible without exceeding the 20 percent cutoff. 2. Performance Approach. 2022/11/08 City Council Post Agenda Page 69 of 719 a. Complete any energy saving measures concurrent with Addition or Remodel that are projected to result in equivalent or lower energy usage than the Assumed Energy Upgrade Measures indicated in Table 15.26.040(D)(2)(a) below. Table 15.26.040(D)(2)(a). Assumed Energy Upgrade Measures for Performance Equivalency Year Built Building Type Climate Zone 7 Climate Zone 10 Before Homes and R38 Attic Duct Sealing; R38 1978 Condos Insulation; Duct Attic; Air Sealing Sealing 1978-1991 Condos Duct Sealing Homes N/A 1992-2005 Homes and N/A Condos b. Shall be demonstrated by the following method: i. Install the LED Lighting and Water Heater Blanket measures as specified in Table 15.26.040(D)(1)(c). ii. Submit two compliance reports. One compliance report shall be generated from a model of the proposed energy performance measures, and the existing home plus the proposed addition(s) and any other alterations. A second compliance report shall be generated by modeling the existing home with the Energy Upgrade Measures shown in Table 15.26.040(D)(2)(a) including proposed addition(s) and other alterations, but not including the proposed energy saving measures. The Total Energy Use for the first compliance report must be equal or less than that of the second compliance report. E. Exemptions. The requirements of this section may be waived, in part or in whole, if any of the following conditions are met, to the satisfaction of the City Manager or designee: 1. Technical Infeasibility. Prescribed measure would be technically infeasible or not be cost-effective due to unique characteristics of home or other special circumstances. 2022/11/08 City Council Post Agenda Page 70 of 719 a. Evidence requirement to show lack of cost effectiveness: Letter from certified energy professional attesting to the lack of cost effectiveness with explanation of methodology and calculation. b. Evidence to show technical infeasibility: Letter from licensed building professional documenting infeasibility for one of the following reasons: inaccessibility, violation of other codes, low likelihood of success, measure would affect proper functioning of other building elements, result in safety risks, cause harm to building occupants. 2. High Performing Home. Home has earned a Home Energy Score of eight or above within the previous three years. 3. Fully Solar Powered. Home is powered by a solar PV system offsetting at least 95 percent of the annual electricity demand and gas-equivalent energy consumption. 4. Exempt Projects. Additions or Remodels that would not otherwise be subject to this section but for work related to Solar PV, Solar water heating, EV charging, electrical upgrades for solar PV or EV charging, or energy storage are exempt. 5. Homeowner’s Association. A measure is beyond the authority of the homeowner as defined in applicable Homeowner’s Association (HOA) covenants, conditions or restrictions. 6. Medical Necessity. An Addition or Remodel consists solely of medically necessary improvements. 7. Low-Income. If an applicant can demonstrate they qualify for low-income assistance as defined in Section 1-100 of the City’s Master Fee Schedule. F. Implementation Authority. The City Manager may adopt rules and regulations for the implementation of this section including, without limitation, supplementing the list of qualified measures set forth in Table 15.26.040(D)(1)(c) as new energy efficient technologies or materials are developed. (Ord. 3495 § 1, 2020). 15.26.050 Mandatory benchmarking and conservation requirements for multifamily and commercial buildings. A. Purpose and Intent. It is the purpose and intent of this section to promote ongoing energy conservation in buildings in order to reduce GHG emissions resulting from energy consumption. B. Applicability. This section applies to Properties within the City of Chula Vista with a Gross Floor Area of at least 20,000 square feet, and having either (1) no residential utility accounts, or (2) five or more active utility accounts of one utility type, at least one of which 2022/11/08 City Council Post Agenda Page 71 of 719 is residential. An overview of the applicability of select ordinance requirements appears in Table 15.26.050(B) below. Table 15.26.050(B). Applicability Overview Section Nonresidential Properties Multifamily Properties Benchmarking Requirements Applies Applies CVMC 15.26.050(D) Direct Disclosure and Public Applies Applies Disclosure Requirements CVMC 15.26.050(E) Conservation Requirements Applies Applies CVMC 15.26.050(F)(1) through (4), ( to Properties with Significa 7), (8) nt Common Load Minimum Improvement Requirements Applies Applies CVMC 15.26.050(F)(5) to Properties with Significa nt Common Load Multifamily Prescriptive Upgrades Not Applicable Applies CVMC 15.26.050(F)(6) to buildings constructed before 2006 for rental tenant spaces where utility costs are borne by tenant Compliance Schedule, Records Applies Applies Maintenance, and Failure to Comply CVMC 15.26.050(G), (H) and (I) Exemptions. Properties owned by any of the following are exempt from this section: 1. The county of San Diego; 2. The state of California; 2022/11/08 City Council Post Agenda Page 72 of 719 3. The United States of America; 4. The Metropolitan Transit Service; or 5. The Chula Vista and or Sweetwater School Districts. C. Definitions. For purposes of this section, the following terms shall have the following meanings: “Audit Template” means the U.S. Department of Energy’s (DOE) online application for entering, validating and submitting data generated by an American Society of Heating, Refrigerating and Air-Conditioning Engineers (“ASHRAE”) 211 audit and Retro- Commissioning, located at https://buildingenergyscore.energy.gov/. “Base Building Systems” means the systems and subsystems of a building that use or distribute Energy or water or impact the Energy or water consumption, including the building envelope; the heating, ventilating and air conditioning (HVAC) systems; air conveying systems; electrical and lighting systems; domestic hot water systems; water distribution systems; plumbing fixtures and other water-using equipment; and landscape irrigation systems and water features. Base Building Systems shall not include: a. Systems or subsystems owned by a tenant or for which a tenant bears full maintenance responsibility, that are within the tenant’s leased space and exclusively serve such leased space, and for which the tenant pays all the Energy and water bills according to usage and demand as measured by a meter or sub-meter; b. Systems or subsystems owned by a residential unit Owner that exclusively serve the residential unit of that Owner; c. Systems or subsystems that operate industrial applications such as manufacturing. “Baseline Year” means a Covered Property’s first year submitting a Benchmarking Report pursuant to this section or CA Assembly Bill 802 if applicable, or, the most recent year a Covered Property was subject to the Conservation Requirements, whichever is later. “Benchmark” means to complete and electronically submit the Chula Vista Benchmarking Report via ENERGY STAR Portfolio Manager. “Benchmarking Report” means the report generated by ENERGY STAR Portfolio Manager when a completed Chula Vista Benchmarking Report is submitted to the City, including both the information required to be input into ENERGY STAR Portfolio Manager and the information generated by ENERGY STAR Portfolio Manager. 2022/11/08 City Council Post Agenda Page 73 of 719 “Conservation Section” means the City of Chula Vista’s Office of Sustainability Conservation Section. “Covered Property” means a Property that meets the applicability requirements of this section. “Energy” means electricity, natural gas, steam, heating oil, or other products sold by a utility to a customer of a building, or renewable on-site electricity generation, for purposes of providing heat, cooling, lighting, water heating, or for powering or fueling other end- uses in the building and related facilities. “Energy Audit” means systematic evaluation to identify potential modifications and improvements to a building’s equipment and systems which utilize energy in order to optimize a building’s overall energy performance. “ENERGY STAR Certified” means a building which has earned an ENERGY STAR® Score of 75 or higher, indicating that it performs better than at least 75 percent of similar buildings nationwide and completed an ENERGY STAR Certification application and received EPA approval. “ENERGY STAR Portfolio Manager” means the U.S. Environmental Protection Agency’s (EPA) online application for measuring, tracking, and managing a building’s Energy, water and greenhouse gas emission data and benchmarking its performance, l ocated at https://www.energystar.gov/. “ENERGY STAR Score” means a number ranging from one to 100 assigned by the EPA’s ENERGY STAR Portfolio Manager as a measurement of a building’s Energy efficiency, normalized for a building’s characteristics, operations, and weather, according to methods established by US EPA’s ENERGY STAR® Portfolio Manager. “EUI” or “Energy Use Intensity” means the Energy consumed per square foot of a building per year, as calculated by ENERGY STAR® Portfolio Manager® by dividing the total Energy consumed by the building in one year (measured in kBtu or GJ) by the total Gross Floor Area of the building. “EUI-WN” or “Weather-normalized Energy Use Intensity” means the weather- normalized Energy consumed per square foot of a building per year, as calculated by ENERGY STAR Portfolio Manager by dividing the total weather normalized Energy consumed by the building in one year (measured in kBtu or GJ) by the total Gross Floor Area of the building. “Financial Distress” means a Property that: 2022/11/08 City Council Post Agenda Page 74 of 719 a. Had arrears of property taxes or water or wastewater charges that resulted in the Property’s inclusion, within the prior two years, on the City’s annual tax lien sale list; or b. Has a court appointed receiver in control of the asset due to financial distress; or c. Is owned by a financial institution through default by the borrower; or d. Has been acquired by a deed in lieu of foreclosure; or e. Has a senior mortgage subject to a notice of default. “Gross Floor Area” or “GFA” means the total number of square feet measured between the principal exterior surfaces of enclosing fixed walls. This includes all fully enclosed space within areas inside the outside surfaces of the exterior walls of the building(s) including lobbies, tenant areas (occupied and unoccupied), common areas, meeting rooms, offices, break rooms, atriums (count the base level only), restrooms, elevator shafts, stairwells, mechanical equipment areas, basements, storage rooms, mechanical space such as boiler rooms, elevator shaft, hallways, stairwells, and connecting corridors between buildings. This does not include exterior spaces, balconies, patios, exterior loading docks, driveways, covered walkways, outdoor play courts (tennis, basketball, etc.), parking, open- air stairwells, breezeways, interstitial plenum space between floors (which house pipes and ventilation), or crawl spaces. “High Performance Building” means a Property that submitted a Benchmarking Report for its most recent benchmarking compliance deadline and either (1) achieved a Verified ENERGY STAR Score of 80 or greater or (2) achieved ENERGY STAR Certification, or (3) achieved LEED Existing Building Certification for three of five preceding years. “Industrial Occupancy” means any building or portion thereof classified under occupancy groups F-1 and F-2 (“Factory and Industrial”) or H-1, H-2, H-3, H-4, and H-5 (“High Hazard”) under California Code of Regulations Title 24 Section 302 (2016) as amended. “Master Metering” or “Master Metered” means measuring a building’s electricity or gas consumption for the purposes of utility billing from multiple tenant units together, rather than using individual meters or sub-meters for each dwelling unit. “Mechanical Equipment” means centralized building systems or devices, that are fixed in a location for uses associated with structures, and relating to water use, drainage, heating, ventilating, air conditioning, and similar purposes. “Multifamily Property” means a residential Property that contains five or more Multifamily Dwelling Units. 2022/11/08 City Council Post Agenda Page 75 of 719 “Nonresidential Property” means a Property or part thereof used for purposes other than human habitation. “Owner” means an individual, individuals, or entity possessing title to a Property, the board of directors, or managing partners in the case of a cooperative apartment corporation, association, or partnership, or a master tenant in a triple net lease arrangement, or the authorized representative thereof. “Previous Baseline Year” means a Covered Property’s first year submitting a Benchmarking Report pursuant to this section or CA Assembly Bill 802 if applicable, or the second to last year in which the Covered Property was subject to the Conservation Requirements, whichever is later. “Property” means any of the following: a. A single building; b. A campus of two or more buildings which are owned and operated by the same party, have a single shared primary function, and consisting of: i. Buildings that are behind a common utility meter or served by a common mechanical/electrical system (such as a chilled water loop) which would prevent the Owner from being able to easily determine the Energy use attributable to each of the individual buildings; and/or ii. Buildings or parts of buildings that have an individual Gross Floor Area of less than 20,000 square feet. “Retro-Commissioning” means a systematic process for optimizing existing systems relating to building performance through the identification and correction of deficiencies in such systems. “Significant Common Load” means a multifamily residential with Master Metering, Mechanical Equipment or where the total nonrentable portion of the Gross Floor Area is 10,000 square feet or more. “Site Energy Use” means the total amount of all the energy a property consumes on-site, regardless of the source, as calculated by ENERGY STAR® Portfolio Manager®. It includes energy purchased from the grid or in bulk (which are the amounts on utility bills), as well as renewable energy generated and consumed on site such as from solar and wind (excess renewable energy generated on site and sold to the utility is excluded from site energy use). “Site EUI (Energy Use Intensity)” means the Site Energy Use divided by the property’s Gross Floor Area as calculated by ENERGY STAR® Portfolio Manager®. 2022/11/08 City Council Post Agenda Page 76 of 719 “Source Energy Use” means the total amount of raw fuel that is required to operate a property, as calculated by ENERGY STAR® Portfolio Manager®. In addition to what the property consumes on-site, Source Energy Use includes losses that take place during generation, transmission, and distribution of the energy. “Source EUI (Energy Use Intensity)” means the Source Energy Use divided by the property’s Gross Floor Area as calculated by ENERGY STAR® Portfolio Manager®. “Verified ENERGY STAR Score” means an ENERGY STAR Score based on data that has been verified by a Professional Engineer (PE) or Registered Architect (RA). D. Benchmarking Requirements. Owner shall Benchmark in accordance with the following on or before the compliance deadlines specified in subsection (G) of this section: 1. Establish an ENERGY STAR Portfolio Manager account (if Owner has not already done so), add Covered Properties completing all required fields (if Owner has not already done so), and maintain current all required fields. 2. Annually collect data, according to the schedule set forth in subsection (F)(1) of this section related to the property’s total energy usage for the entire prior calendar year in accordance to the latest guidance under Building Energy Use Data Access, Benchmarking, and Public Disclosure Regulations, California Code of Regulations, Title 20, Division 2, Chapter 4, Article 9, Section 1680, and following, including, but not limited to, those related to obtaining customer consent. 3. Annually submit an energy benchmarking to the Conservation Section report according to the schedule set forth in subsection (F)(1) of this section. The energy benchmarking report shall be generated using ENERGY STAR Portfolio by responding to the Conservation Section’s designated Data Request for the appropriate compliance year. 4. Benchmarking Reports shall at minimum include the following: a. Descriptive Information. Basic descriptive information to track and report a property’s compliance with this chapter, including, but not limited to, the property address(es), Gross Floor Area, property type, year(s) built, and the individual or entity responsible for the Benchmarking Report; and b. Energy Information. Information necessary to Benchmark Energy usage shall be determined by the Conservation Section and shall include, at a minimum, the following information and derivatives thereof: i. The ENERGY S TAR Portfolio Manager ENERGY STAR Score for the property, and ENERGY STAR certification status, where available; and 2022/11/08 City Council Post Agenda Page 77 of 719 ii. The weather-normalized Site and Source Energy Use (kBTU) and Energy Intensity (EUI) per unit area per year (kBTU per square foot per year) for the property; and iii. The Site and Source Energy Use (kBTU), and Energy Use Intensity (EUI) per unit area per year (kBTU per square foot per year) for the property; and iv. The annual carbon dioxide equivalent emissions due to Energy use for the Property as estimated by ENERGY STAR Portfolio Manager; and v. Monthly and annual Site energy use by energy type and share of energy use supplied by on- and off-site renewables. 5. Starting in 2023, Owners may be assessed an annual Benchmarking Filing Fee to recover the costs of implementation, enforcement, administration and infrastructure for this section. The City Manager may adjust the Benchmarking Filing Fee annually. 6. Owners shall run the Data Quality Checker available within ENERGY STAR Portfolio Manager and shall correct all missing or incorrect information as identified by ENERGY STAR Portfolio Manager prior to submitting the Benchmarking Report to the City. 7. Exemptions from Benchmarking Requirements. a. The Owner may receive an exemption from filing a Benchmarking Report and remitting the Benchmarking Filing Fee for a reporting year, subject to Conservation Section approval, by submitting evidence in accordance with guidelines set forth by the Conservation Section that any of the following conditions apply: i. The entire Property did not have a Certificate of Occupancy or Temporary Certificate of Occupancy for at least half of the year required to be Benchmarked; or ii. The entire Property was not occupied, due to renovation, for at least half of the year to be Benchmarked; or iii. A demolition permit for the entire Property has been issued and demolition work has commenced; or iv. The Property did not receive Energy or water services for at least half of calendar year required to be Benchmarked; or v. The Property is in Financial Distress; or vi. Disclosure of the Property Energy usage data would result in the release of proprietary information that can be characterized as a trade secret or would otherwise violate a customer’s right to privacy under the California Constitution or other applicable law. 2022/11/08 City Council Post Agenda Page 78 of 719 E. Direct Disclosure and Public Disclosure Requirements. Properties shall comply with subsections (E)(1), (2), and (3) of this section. 1. Direct Disclosure of Benchmarking Report. Owners shall provide a web link or hard copy to their most recent Benchmarking Report to: a. Existing tenants and current owners with an interest of five percent or more, within 90 days of annual Benchmarking compliance deadline. b. Prospective buyers prior to close of sale and prospective tenants prior to lease signing or lease renewal. 2. Direct Disclosure of Audit and Retro-Commissioning Reports. Owners shall provide Energy Audit and Retro-Commissioning Reports produced for compliance with subsection (F)(4) of this section, if applicable, to all existing residential and nonresidential tenants within 90 days of the Conservation compliance deadline. Owners shall confer with any nonresidential tenants that pay utility costs, identifying energy efficiency investment opportunities and assessing the potential for mutually beneficial co- investment arrangements in accordance with procedures established by Conservation Section within 180 days of the Conservation compliance deadline. 3. Public Disclosure. The City will make data public. a. The Conservation Section shall make the following information available to the public on the internet, as reported by Owners, and update the information at least annually: i. Summary statistics on overall compliance with this section; and ii. Summary statistics on overall energy consumption of Covered Properties subject to this section derived from annual benchmarking reports; and iii. For each building subject to this section: iv. Address and property use type(s); and v. Annual summary statistics derived from the submitted benchmarking report, including all information required under subsection (D)(4) of this section. b. Exemption. Properties with more than half of Gross Floor Area used for Industrial Occupancy are exempt from the Public Disclosure requirements (subsection (E)(3) of this section). F. Conservation Requirements. Conservation Requirements apply according to the compliance deadlines specified in subsection (G) of this section. Properties meeting the 2022/11/08 City Council Post Agenda Page 79 of 719 requirements for a High Performing Building (subsection (C) of this section) are exempt from all requirements in this subsection (F). 1. Multifamily properties are subject to the Multifamily Prescriptive Measure requirements (subsection (F)(6) of this section) by their first five-year Conservation Requirement deadline. In addition, multifamily properties with Significant Common Load must meet either the Performance Targets (subsection (F)(3) of this section), or the Audit Requirement (subsection (F)(4) of this section) and Minimum Improvement requirement (subsection (F)(5) of this section). 2. Nonresidential must meet either the Performance Targets (subsection (F)(3) of this section), or the Audit Requirement (subsection (F)(4) of this section) and Minimum Improvement requirement (subsection (F)(5) of this section). 3. Performance Targets. Every five years demonstrate that: a. Property has decreased its Site EUI-WN by at least the Improvement Target in Table 15.26.050(F)(3)(a) below from Baseline Year; Table 15.26.050(F)(3)(a). Baseline Year ENERGY STAR Score Improvement Target 0 – 45 30% 46 – 65 20% 66 – 79 10% 80+ None b. Or if Property was not eligible for an ENERGY STAR Score in the baseline year, Property has reduced its weather-normalized Site EUI by at least the Improvement Target in Table 15.26.050(F)(3)(b) below from Baseline Year. Table 15.26.050(F)(3)(b). 2022/11/08 City Council Post Agenda Page 80 of 719 Baseline Year Site EUI-WN (kBTU/sf/year) Improvement Target 80+ 30% 51 – 79 20% 19 – 50 10% 0 – 18 None c. Tables 15.26.050(F)(3)(a) and 15.26.050(F)(3)(b) shall be updated periodically by the Conservation Section subject to City Council approval. 4. Audit Requirement. Every five years an Energy Audit and Retro-Commissioning shall be performed in accordance with the following specifications: a. Energy Audit and Retro-Commissioning Specifications. i. Audit Type. A Level 1, or greater, Energy Audit in conformance with the current ASHRAE Standard 211 “Commercial Building Energy Audits” at the time the Audit is initiated. Before Owners choose an ASHRAE Level 1 Energy Audit they must also obtain a quote for a more extensive audit and discuss the additional value with the audit provider. Owners shall document fulfillment of this requirement as specified by the Conservation Section. ii. Retro-Commissioning. Retro-Commissioning requirements shall be performed in accordance with industry standard practices, including current ASHRAE Guideline 0.2 “Commissioning Process for Existing Systems and Assemblies” at the time the Retro- Commissioning is initiated. (A) Applicability. Retro-Commissioning requirements shall apply to properties that meet all of the following: (1) At least 50,000 square feet of conditioned space; (2) Existing Mechanical Equipment; (3) Digital controls in place that are reparable or in good working order in the opinion of the auditor. 2022/11/08 City Council Post Agenda Page 81 of 719 (B) Exemption. Properties that have experienced major changes in operations during prior six months or have planned to make major changes in the following year. (C) The Retro-Commissioning of the Base Building Systems shall include, at minimum, the following: (1) Heating, ventilation, air conditioning (HVAC) systems and controls; and (2) Indoor lighting systems and controls; and (3) Water heating systems; and (4) Renewable energy systems. iii. Audit Professional Qualifications. Audits shall be signed and performed directly by or under the direct supervision of, an individual whose job duties do not regularly occur at the Property and who has two or more years of auditing experience and possesses one or more of the certifications specified in Table 15.26.050(F)(4)(a)(v) or other qualifying certifications as specified by the Conservation Section. iv. Retro-Commissioning Professional Qualifications. Retro-Commissioning shall be performed directly by or under the direct supervision of, an individual whose job duties do not regularly occur at the Property and who has two or more years of auditing experience and possesses one or more of the certifications specified in Table 15.26.050(F)(4)(a)(v) or other qualifying certifications as specified by the Conservation Section. v. Qualifying Professional Certifications. 15.26.050(F)(4)(a)(v) Qualifying Professional Certifications Professional Type Qualifying Certification Energy Audit or Retro- 1. An accredited certification that has been designated a Commissioning Professional “Better Buildings Recognized Program” by the DOE (any listed) meeting the criteria set forth in the Better Buildings Workforce Guidelines (BBWG) for Building Energy Auditors or Energy Managers 2. A Professional Engineer (PE) registered in the State of California 2022/11/08 City Council Post Agenda Page 82 of 719 Professional Type Qualifying Certification Energy Audit Professional 1. Certified Energy Auditor (CEA) or (any listed) Certified Energy Manager (CEM), issued by the Association of Energy Engineers (AEE) 2. Certified Facilities Manager (CFM), issued by the International Facility Management Association (IFMA) 3. System Maintenance Administrator (SMA) or System Maintenance Technician (SMT), issued by Building Owners and Managers Institute (BOMI) International 4. High Performance Building Design Professional (HBPD) or Building Energy Assessment Professional (BEAP), issued by the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) 5. For Audits of multifamily residential properties only, a Multifamily Building Analyst (MFBA), issued by the Building Performance Institute (BPI) Retro- 1. Certified Commissioning Professional (CCP), issued by Commissioning Professional the Building Commissioning Association (BCA) (any listed) 2. Certified Commissioning Authority (CxA) or Certified Commissioning Technician (CxT), issued by the AABC Commissioning Group (ACG) 3. Certified Building Commissioning Professional (CBCP) or Existing Building Commissioning Professional (EBCP), issued by the Association of Energy Engineers (AEE) 4. Certified Professional certified by the National Environmental Balancing Bureau (NEBB) 5. Commissioning Process Management Professional (CPMP), issued by American Society of Heating, 2022/11/08 City Council Post Agenda Page 83 of 719 Professional Type Qualifying Certification Refrigerating, and Air-Conditioning Engineers (ASHRAE) 6. Accredited Commissioning Process Authority Professional (ACPAP) approved by the University of Wisconsin vi. Energy Audit and Retro-Commissioning Report. A report (or reports) of the Energy Audit and Retro-Commissioning (where applicable), completed and signed by a qualified Audit Professional and qualified Retro-Commissioning Professional, shall be submitted electronically to the Conservation Section via the Conservation Section’s designated Audit Report Template, or via other means as specified by the Conservation Section. Completed Reports shall include all items designated as required, including but not limited to the following: (A) The date(s) that the Energy Audit and Retro-Commissioning (if applicable) were performed; and (B) Identifying information on the auditor provider (and Retro-Commissioning provider if applicable); and (C) Information on the base building systems and equipment; and (D) A list of retrofit measures available to the Owner that can reduce energy use, and/or cost of operating the Property including: (1) Costs of each measure; and (2) An estimate of the energy and operating cost savings associated with each measure; and (3) Simple payback of each measure; and (4) Identification of at least two contractors able to perform measure. (E) Identification or recommendation of measures applicable to tenant-controlled spaces, including estimates for energy and operating savings for all affected tenants; and (F) Identification or recommendation of measures needed to meet applicable Performance Targets; and 2022/11/08 City Council Post Agenda Page 84 of 719 (G) Identification or recommendation of measures needed to meet Minimum Improvement, if applicable; and (H) Identification of all rebate, incentive and financing programs available to property and/or in association with specific measures; and (I) If applicable, a list of a ll the Retro-Commissioning process activities undertaken and Retro-Commissioning measures completed; and (J) A list of all retrofit measures taken (if applicable); and (K) Functional performance testing reports (if applicable); and (L) Operational training conducted (if applicable); and (M) Attestation that an ASHRAE level 2 Energy Audit and (if applicable) ASHRAE 0.2 Retro-Commissioning process were conducted. 5. Minimum Improvement. Every 10 years properties must demonstrate that: a. Property has decreased its Site EIU-WN by at least the Mandatory Minimum Improvement in Table 15.26.050(F)(5)(a) below from the Previous Baseline Year; Table 15.26.050(F)(5)(a). Baseline Score 0 – 45 Year ENERGY STAR Mandatory Improvement 15% Minimum 46 – 65 10% 66 – 79 None 80+ None b. Or, if Property was not eligible for an ENERGY STAR Score in the Previous Baseline Year, Property has decreased its Site EIU-WN by at least the Mandatory Minimum Improvement in Table 15.26.050(F)(5)(b) below from the Previous Baseline Year. Table 15.26.050(F)(5)(b). 2022/11/08 City Council Post Agenda Page 85 of 719 Baseline WN (kBTU/sf/year) 80+ Year Site EUI- Mandatory Improvement 15% Minimum 51 – 79 10% 19 – 50 None 0 – 18 None c. Tables 15.26.050(F)(5)(a) and 15.26.050(F)(5)(b) shall be updated periodically by the Conservation Section subject to City Council approval. d. Exemption. Owners are not required to complete retrofit measures identified or recommended in the most recent audit report for meeting the Minimum Improvement (per subsection (F)(4)(a)(vi)(G) of this section) if those measures have a simple payback greater than 13 years, or have a payback period that exceeds the expected useful life of the retrofit measure. If all measures identified per subsection (F)(4)(a)(vi)(G) of this section having a simple payback of 13 years or less, and having an expected useful life that is longer than the payback period, are completed, the Mandatory Minimum Improvement percentage in Table 15.26.050(F)(5)(a) or Table 15.26.050(F)(5)(b), as applicable, is waived. 6. Multifamily Prescriptive Measures. Multifamily Residential Properties constructed prior to 2006 must perform the minimum number of measures required in Table 15.25.050(F)(6)(a) within all tenant spaces where utility costs are borne by tenants. Owners may choose any applicable measures from Table 15.25.050(F)(6)(b). Measures already in place shall count toward satisfying the minimum number of measures. Where a measure is not applicable it shall count toward satisfying the minimum number of measures. Table 15.26.050(F)(6)(a). Year Built Climate Zone 7 Climate Zone 10 Pre-1978 Choose four Measures Choose five Measures 2022/11/08 City Council Post Agenda Page 86 of 719 Year Built Climate Zone 7 Climate Zone 10 1978 – 1991 Choose three Measures 1992 – 2005 Choose two Measures 15.26.050(F)(6)(b) Measure Description Name R-38 Attic Add attic insulation in buildings with vented attic spaces to meet R-38. Insulation Air Sealing Apply air sealing practices throughout all accessible areas of the unit. All joints, penetrations and other openings in the building envelope that are potential sources of air leakage shall be caulked, gasketed, weather stripped, or otherwise sealed to limit infiltration and exfiltration. Buildings constructed before 1992 should be sealed to 7 Air Changes per Hour (ACH), and buildings constructed from 1992-2005 should be sealed to 5 ACH, at 50 Pascals pressure difference. Cool Roof For steep slope roofs, install a roofing product rated by the Cool Roof Rating Council (CRRC) with an aged solar reflectance of 0.25 or higher and thermal emittance of 0.75 or higher. Duct Sealing Air seal a ny accessible ductwork to meet the requirements of the 2016 Title 24 Section 150.2(b)1E. Units with one or more vented combustion appliances are STRONGLY RECOMMENDED to have a BPI Combustion Appliance Safety Inspection performed after duct sealing. LED Lighting Replace low performing screw based lighting with high performing lighting per the requirements of Title 24 Section 150.0(k)1.A,D,G,H and I. 2022/11/08 City Council Post Agenda Page 87 of 719 Measure Description Name Water Heating Water Heater Blanket: Add R-6 insulation to the exterior of existing residential Package (if tank storage water heaters manufactured before April 2015. Requirement is water heater waived for water heaters with internal tank insulation of at least R-16. serves individual Hot Water Pipe Insulation: Insulate all accessible hot water pipes with R-3 pipe unit) insulation. Low Flow Fittings: Upgrade sink and shower fittings to meet 2016 CALGreen requirements, which require maximum flow rates of 1.8 gallons per minute (gpm) for showerheads and kitchen faucets, and 1.2 gpm for bathroom faucets. Windows Replace existing single pane windows with a dual pane product, which has a U- factor equal to 0.32 or lower and a Solar Heat Gain Coefficient (SHGC) equal to 0.25 or lower. This measure was only evaluated for the pre-1978 vintage, which is assumed to have single-pane, metal-frame windows. Water Heater High Efficiency Heat Pump Water Heater: Replace natural gas storage water Replacement heater, or, tankless water heater having an Energy Factor of .81 or less, with (if water heater serves Heat Pump Water Heater with Uniform Energy Factor (UEF) of at least 3.1 (Northwest Energy Efficiency Alliance Tier 3). individual unit) -or- High Efficiency Tankless Water Heater: Replace natural gas storage water heater, or, tankless water heater having a Energy Factor of .81 or less, with tankless water heater with a minimum Energy Factor of 0.96. Air High Efficiency Air Conditioner: Replace an existing air conditioner having a Conditioner SEER rating of 13 or less with an air conditioner of at least 18 SEER. Replacement -or- High Efficiency Heat Pump: Replace an existing air conditioner having a SEER rating of 13 or less with a Heat Pump of at least 18 SEER. 2022/11/08 City Council Post Agenda Page 88 of 719 7. Amortization of Pass-Through Costs. Where lease terms allow owners to pass on the costs of complying with this section to lessees, should Owner choose to do so, those costs may not be passed through in bulk. Instead they shall be amortized as follows: a. Audit Requirement costs shall be amortized over five years. b. Costs of measure implementation shall be amortized over the expected useful life of the measure. 8. Exemptions. The following exemptions apply to the Conservation Requirement: a. The Property has been occupied less than five years; b. The Property is in Financial Distress; c. A demolition permit for the entire Property has been issued and demolition work has commenced; d. The Property has not previously been subject to the Benchmarking Requirement. G. Compliance Schedule. Compliance deadlines for the requirements of this section are detailed in Table 15.26.050(G) below. The Conservation Section may grant an extension of time of up to 60 days to file any submittal required by this section upon request in writing. The Conservation Section may grant an additional extension up to 180 days upon an application demonstrating evidence of substantial hardship. Table 15.26.050(G). Compliance Deadlines Section Compliance Deadlines 50,000+ square feet GFA 20,000 – 49,999 square feet GFA Benchmarking Requirements May 20th of March 20th of each year beginning 2022 CVMC 15.26.050(D) each year beginning 2022 Direct Disclosure and Public Disclosure Beginning Beginning Requirements September 1, 2022 September 1, 2022 CVMC 15.26.050(E)(1), (2) 2022/11/08 City Council Post Agenda Page 89 of 719 Section Compliance Deadlines 50,000+ square feet GFA 20,000 – 49,999 square feet GFA Conservation Requirements Every Every CVMC 15.26.050(F)(1) through (4), (7), (8) five years beginning 2023 or later according to a schedule to be determined by the Conservation Section five years beginning 2026 or later according to a schedule to be determined by the Conservation Section Minimum Improvement Requirements Every Every CVMC 15.26.050(F)(5) 10 years beginning in the year 2028 or later according to a schedule to be determined by the Conservation Section 10 years beginning in the year 2031 or later according to a schedule to be determined by the Conservation Section Multifamily Prescriptive Upgrades 2023 or later according to a schedule to be determined by the Conservation Section 2023 or later according to a schedule to be determined by the Conservation Section CVMC 15.26.050(F)(6) H. Record Maintenance. The Owner shall maintain records related to Benchmarking, Audits and Retro-Commissioning, and Efficiency Improvement Measures including, but not limited to, the Energy and water bills and reports or forms received from tenants and/or utilities. Such records shall be preserved for a period of five years. When the Property is sold, copies of the records shall be given to the new Owner. Ownership of the property in Portfolio Manager must also be transferred to the new owner. 2022/11/08 City Council Post Agenda Page 90 of 719 I. Failure to Comply. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section and any such person shall be subject to the following remedies and enforcement measures: 1. A Notice of Failure to Comply shall be issued to the Owner specifying the provisions violated and including an order to correct outlining steps necessary to bring Property back under compliance; and 2. On the sixtieth day following issuance of a Notice of Failure to Comply, the following may be issued: a. Monetary Fines. Monetary fines may be levied up to the amounts shown in Table 15.26.050(I)(2)(a) on a per incident basis depending on Property GFA. Table 15.26.050(I)(2)(a). Maximum Fine Amounts Property Size (square feet) Amount per Incident 20,000 – 49,999 GFA Up to $750 50,000 – 99,999 GFA Up to $1,500 100,000+ GFA Up to $2,250 b. Public disclosure of noncompliance. 3. Monetary penalties for noncompliance shall be waived until January 1, 2023. J. Implementation Authority. The City Manager may adopt rules and regulations for the implementation of this section including, without limitation, supplementing the list of qualified measures set forth in Table 15.26.050(F)(6)(b) as new energy efficient technologies or materials are developed. Section II. Findings The City Council of the City of Chula Vista specifically and expressly finds and declares that section 15.26.050 is reasonably necessary due to local climatic conditions. As a result of high summer ambient temperatures and periods of heat waves, average load demand and peak load demand of energy used in Chula Vista is an important factor concerning 2022/11/08 City Council Post Agenda Page 91 of 719 public safety and adverse economic impacts of power outages or power reductions. Reduction of total and peak energy use, as a result of incremental energy conservation measures required by this Ordinance, will have local and regional benefits in the cost- effective reduction of energy costs for the building owner, additional available system energy capacity and a reduction in greenhouse gas emissions. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2023. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney 2022/11/08 City Council Post Agenda Page 92 of 719 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE, PLUMBING CODE, ADOPTING THE CALIFORNIA PLUMBING CODE, 2022 EDITION AND LOCAL AMENDMENTS THERETO WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and WHEREAS, local jurisdictions are permitted to adopt local amendments to the State building codes before they take effect; and WHEREAS, local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions; and WHEREAS, he proposed ordinance adopts the 2022 California Plumbing Code and proposes the re-adoption of section 15.28.020, Residential Graywater Stub-out with a minor change to exclude Accessory Dwelling Units from the requirement. The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.28 That chapter 15.28 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.28 PLUMBING CODE Sections: 15.28.010 California Plumbing Code, 2019 2022 Edition, adopted by reference. 15.28.015 Repealed. 15.28.020 Residential graywater Stub-out. 15.28.010 California Plumbing Code, 2019 2022 Edition, adopted by reference. There is hereby adopted by reference the California Plumbing Code, 2019 2022 Edition, known as the California Code of Regulations, Title 24, Part 5, including Appendices A, B, D, H, I, and J, as adopted by state agencies, and excluding Chapter 1, Division II of that document as copyrighted by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission. Said document is hereby adopted as the plumbing code of the City of Chula Vista for regulating the complete installation, maintenance, and repair of plumbing, drainage systems, water systems, gas systems, and private sewage disposal systems on all properties and 2022/11/08 City Council Post Agenda Page 93 of 719 Ordinance No. Page 2 within all buildings and structures in the City. Chapter 15.06 CVMC of the Chula Vista Municipal Code shall serve as the administrative, organizational, and enforcement rules and regulations for this chapter. 15.28.020 Residential graywater stub-out. All new detached single-family dwellings and duplexes, excluding Accessory Dwelling Units, shall include a single-source clothes washer graywater outlet and an outside stub-out to allow the later installation of a clothes washer graywater irrigation system that complies with the requirements of Section 1503.1.1 of the 2019 2022 California Plumbing Code. The outlet and stub-out shall be installed in accordance with the Chula Vista Clothes Washer Graywater Pre- Plumbing and Stub-Out for New Residential Construction or an equivalent alternate method and/or material approved by the Building Official. The provisions of this sSection may be modified or waived when it can be satisfactorily demonstrated to the Building Official that compliance with these regulations is impractical due to construction or physical constraints, or due to site and/or soil conditions. Section II. Findings and Declaration The City Council specifically and expressly finds and declares that section 15.28.020 is necessary due to local climatic conditions. As a result of prolonged droughts exacerbated by climate change, it is anticipated that water supplies from imported sources are reduced, and furthermore, as a result of population and economic growth, demand for water is expected to increase. These impacts could limit imported water availability, lead to higher demand for local water sources and increase utility costs. Requiring single-source graywater stub-out in new residential development facilitates the use of graywater for irri gation which in turn helps address these water-related climate change impacts. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. 2022/11/08 City Council Post Agenda Page 94 of 719 Ordinance No. Page 3 Section V. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2023. Section VI. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney 2022/11/08 City Council Post Agenda Page 95 of 719 https://chulavista.escribemeetings.com/CCR_Nov08_2022/eSCRIBE Documents/eSCRIBE Raw Attachments/41/Ordinance K_Chapter 15.36 .docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING EXISTING CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE BASED UPON THE 2022 CALIFORNIA FIRE CODE AND LOCAL AMENDMENTS THERETO WHEREAS, Health and Safety Code Section 17958 mandates that the City Council of the City of Chula Vista adopt ordinances or regulations imposing the same requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17922; and WHEREAS, the State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the 2022 California Fire Code; and WHEREAS, the State of California has adopted and published California Code of Regulations Title 24, Part 9 as the California Fire Code, effective January 1, 2023; and WHEREAS, on January 1, 2023, all existing fire code adoptions and amendments of local agencies automatically reverted to the new state code unless new local adoptions and local amendments are made; and WHEREAS, the State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the 2022 California Fire Code, and together with the Chula Vista Fire Department local amendments, these shall be the Fire Code of the City of Chula Vista; and WHEREAS, code amendments adopted by the State of California shall take precedence over the 2022 California Fire Code language and the 2022 California Fire Code language shall be used for those code sections not adopted by the State; and WHEREAS, local amendments adopted by the City Council of the City of Chula Vista shall take precedence over the 2022 California Fire Code; and WHEREAS, Health and Safety Code Section 17958.5 permits the City Council of the City of Chula Vista to make local amendments to the Code as are reasonably necessary due to local conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council of the City of Chula Vista before making any local amendments make express findings that such local amendments are needed due to climatic, geological, or topographical conditions; and 2022/11/08 City Council Post Agenda Page 96 of 719 Ordinance Page 2 WHEREAS, the City Council of the City of Chula Vista does herewith find that the City of Chula Vista has certain climatic, geologic, and topographic features that can have a deleterious effect on emergency services such as fire protection and emergency medical services; and WHEREAS, the City Council of the City of Chula Vista finds that the local amendments to the 2022 California Fire Code are reasonably necessary because of the local climatic, geological, and topographical conditions; and WHEREAS, this geologic finding recognizes regional geological conditions and the likelihood of numerous structure fires following a greater magnitude seismic event. It also considered the limited ability of local emergency services to provide fire protection due to extraordinary service demands following such events; and WHEREAS, this topographic finding recognizes concern for local topographical conditions along primary travel routes throughout the City of Chula Vista. These conditions impede egress and the rapid deployment and effectiveness of emergency resources; and WHEREAS, both climatic and topographic findings recognize respective conditions that can create an extreme fire danger and certain amendments to the 2022 California Fire Code serve to mitigate to the extent possible said deleterious effects and modification to the California Fire Code is necessary for community health and safety; and WHEREAS, Section 50022.1 through 50022.10, inclusive, of the Government Code and Section 13869 of the Health and Safety Code, provide authority for the adoption by reference of codes, or portion of such codes. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Repeal Chapter 15.36 That existing Chapter 15.36 of the Chula Vista Municipal Code is repealed in its entirety. Section II. New Chapter 15.36 That new Chapter 15.36 of the Chula Vista Municipal Code is adopted to read as follows: Chapter 15.36 FIRE CODE Sections: 15.36.005 Adoption 15.36.010 California Fire Code Chapter 1 - Scope and Administration - Adopted and amended 15.36.015 California Fire Code Chapter 2 - Definitions - Adopted and amended 15.36.020 California Fire Code Chapter 3 - General Requirements - Adopted in part and amended 15.36.025 California Fire Code Chapter 4 - Emergency Planning and Preparedness - 2022/11/08 City Council Post Agenda Page 97 of 719 Ordinance Page 3 Adopted in part 15.36.030 California Fire Code Chapter 5 - Fire Service Features - Adopted and amended 15.36.035 California Fire Code Chapter 6 - Building Services and Systems - Adopted 15.36.040 California Fire Code Chapter 7 - Fire and Smoke Protection Features - Adopted 15.36.045 California Fire Code Chapter 8 - Interior Finish, Decorative Materials and Furnishings - Adopted 15.36.050 California Fire Code Chapter 9 - Fire Protection and Life Safety Systems - Adopted and amended 15.36.055 California Fire Code Chapter 10 - Means of Egress - Adopted 15.36.060 California Fire Code Chapter 11 - Construction Requirements for Existing Buildings - Adopted in part 15.36.065 California Fire Code Chapter 12 - Energy Systems - Adopted 15.36.070 California Fire Code Chapter 20 - Aviation Facilities - Adopted 15.36.075 California Fire Code Chapter 21 - Dry Cleaning - Adopted 15.36.080 California Fire Code Chapter 22 - Combustible Dust - Producing Operations - Adopted 15.36.085 California Fire Code Chapter 23 - Motor Fuel-Dispensing Facilities and Repair Garages - Adopted 15.36.090 California Fire Code Chapter 24 - Flammable Finishes - Adopted 15.36.095 California Fire Code Chapter 25 - Fruit and Crop Ripening - Adopted 15.36.100 California Fire Code Chapter 26 - Fumigation and Insecticidal Fogging - Not adopted 15.36.105 California Fire Code Chapter 27 - Semiconductor Fabrication Facilities - Adopted 15.36.110 California Fire Code Chapter 28 - Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities - Adopted 15.36.115 California Fire Code Chapter 29 - Manufacture of Organic Coatings - Adopted 15.36.120 California Fire Code Chapter 30 - Industrial Ovens - Adopted 15.36.125 California Fire Code Chapter 31 - Tents, Temporary Special Event Structures and Other Membrane Structures - Adopted 15.36.130 California Fire Code Chapter 32 - High-Piled Combustible Storage - Adopted 15.36.135 California Fire Code Chapter 33 - Fire Safety During Construction and Demolition - Adopted 15.36.140 California Fire Code Chapter 34 - Tire Rebuilding and Tire Storage - Adopted 15.36.145 California Fire Code Chapter 35 - Welding and Other Hot Work - Adopted 15.36.150 California Fire Code Chapter 36 - Marinas - Adopted 15.36.155 California Fire Code Chapter 37 - Combustible Fibers - Adopted 15.36.160 California Fire Code Chapter 39 - Processing and Extraction Facilities - Adopted 15.36.165 California Fire Code Chapter 40 - Storage of Distilled Spirits and Wine - Adopted 2022/11/08 City Council Post Agenda Page 98 of 719 Ordinance Page 4 15.36.170 California Fire Code Chapter 48 - Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations - Adopted 15.36.175 California Fire Code Chapter 49 - Requirements for Wildland-Urban Interface Fire Areas – Adopted and amended 15.36.180 California Fire Code Chapter 50 - Hazardous Materials - General Provisions - Adopted 15.36.185 California Fire Code Chapter 51 - Aerosols - Adopted 15.36.190 California Fire Code Chapter 53 - Compressed Gases - Adopted 15.36.195 California Fire Code Chapter 54 - Corrosive Materials - Adopted 15.36.200 California Fire Code Chapter 55 - Cryogenic Fluids - Adopted 15.36.205 California Fire Code Chapter 56 - Explosives and Fireworks - Adopted and amended 15.36.210 California Fire Code Chapter 57 - Flammable and Combustible Liquids - Adopted 15.36.215 California Fire Code Chapter 58 - Flammable Gases and Flammable Cryogenic Fluids - Adopted 15.36.220 California Fire Code Chapter 59 - Flammable Solids - Adopted 15.36.225 California Fire Code Chapter 60 - Highly Toxic and Toxic Materials - Adopted 15.36.230 California Fire Code Chapter 61 - Liquefied Petroleum Gases - Adopted 15.36.235 California Fire Code Chapter 62 - Organic Peroxides - Adopted 15.36.240 California Fire Code Chapter 63 - Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids - Adopted 15.36.245 California Fire Code Chapter 64 - Pyrophoric Materials - Adopted 15.36.250 California Fire Code Chapter 65 - Pyroxylin (Cellulose Nitrate) Plastics - Adopted 15.36.255 California Fire Code Chapter 66 - Unstable (Reactive) Materials - Adopted 15.36.260 California Fire Code Chapter 67 - Water-Reactive Solids and Liquids - Adopted 15.36.265 California Fire Code Chapter 80 - Referenced Standards - Adopted 15.36.270 California Fire Code Appendices - Adopted in part and amended 15.36.005 Adoption. The City of Chula Vista hereby adopts by reference the 2022 Edition of the California Fire Code, including Appendix Chapters B, BB, C, CC, H and O, and the California Standards, with the amendments contained in the following sections of Chapter 15.36. As adopted and amended herein, the 2022 California Fire Code (hereinafter “California Fire Code”) becomes the Fire Code of the City of Chula Vista. The City of Chula Vista further amends the provisions of the California Fire Code to include the requirements of the California Fire Code for those occupancies not subject to the 2022 California Fire Code. 15.36.010 California Fire Code Chapter 1—Scope and Administration—Adopted and amended. 2022/11/08 City Council Post Agenda Page 99 of 719 Ordinance Page 5 California Fire Code, Chapter 1, Scope and Administration, is adopted in its entirety with the following amendments: A. Chapter 1, Section 105.5, Required operational permits, is amended to read as follows: 105.5 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in all of Section of 105.5: Sections 105.5.1 through Sections 105.5.57. B. Chapter 1, Section 105.5, Required operational permits, is amended to add Section 105.5.55 General use permit, to read as follows: 105.5.55 General use permit. An operational permit is required for the issuance of a general use permit and its respective inspection. A general use permit is required for any activity or operation not specifically described therein, to include high occupant loads and or when in the judgement of the Fire Code Official is likely to produce conditions hazardous to life or property. Mercantile occupancies 10,000sqf or greater, with no other permits, are required to have a general use operational permit. C. Chapter 1, Section 105.5, Required operational permits, is amended to add Section 105.5.56 State-mandated, to read as follows: 105.5.56 State-mandated. An operational permit is required for California state-mandated inspected occupancies. D. Chapter 1, Section 105.5, Required operational permits, is amended to add Section 105.5.57 General use certificate, to read as follows: 105.5.57 General use certificate. A temporary operational permit is required for the issuance of a general use certificate and its respective inspections. A general use certificate is required for each new business within the City that is applying for a business license or for an existing business that is changing operations or expanding business operations into new suites and is revising their respective business license (with a physical commercial address within city limits). E. Chapter 1, Section 106.1, Submittals and requirements, is amended to read as follows: 106.1 Submittals and requirements. Construction documents and supporting data shall be submitted in three or more sets, or in an approved electronic format, with each application for a permit and in such form and detail as required by the fire code official. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Construction documents, plans, submittals, and other documents associated with building or remodeling a structure, including fire and life safety systems and fire service features, 2022/11/08 City Council Post Agenda Page 100 of 719 Ordinance Page 6 shall be in accordance with adopted codes, Sections 106.1 through 106.4, and the Fire Department’s Fire Safety Engineering Standard Details and Requirements. Exception. The fire code official is authorized to waive the submission of construction documents and supporting data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. F. Chapter 1, Section 108.2, Inspections, is amended to add Section 108.2.3 Re-inspection, to read as follows: 108.2.3 Re-inspection. Following an inspection, whether initial, annual, or other, during which it is determined that a violation exists, fire code re-inspections may be conducted at the discretion of the Fire Department until such violations have been corrected. G. Chapter 1, Section 112.4, Violation penalties, is amended to read as follows: 112.4 Violation penalties. Persons who shall violate a provision of this code, including non-compliance with stop work and or do not occupy orders, or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than the greater of $1,000 dollars or as established by the City of Chula Vista Policy and Procedures Manual for Civil Penalties or by imprisonment not exceeding six (6) months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. H. Chapter 1, Section 113.4, Failure to comply, is amended to read as follows: 113.4 Failure to comply. Any person, who continues any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a fine of not less than $250 dollars or more than $1,000 dollars. 15.36.015 California Fire Code Chapter 2—Definitions—Adopted and amended. California Fire Code, Chapter 2, Definitions, is adopted in its entirety with the following amendments: Chapter 2, Section 202, is amended to add the following definitions: FIRE AUTHORITY HAVING JURISDICTION (FAHJ). Designated entity providing enforcement of fire regulations as they relate to planning, construction and development, and maintenance. 2022/11/08 City Council Post Agenda Page 101 of 719 Ordinance Page 7 FIRE DEPARTMENT. Any regularly organized fire department, fire protection district, a legally formed volunteer fire department recorded with the County of San Diego, or Fire Company regularly charged with the responsibility of providing fire protection to the jurisdiction. FIRE HAZARD. Anything that increases or could cause an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or anything or act which could obstruct, delay, hinder or interfere with the operations of the fire department or egress of occupants in the event of fire. FIRE SERVICE FEATURES. Is a general term inclusive of all other terms such as driveway, fire lane, public street, private street, parking lot, lane, access roadway or the like. VEGETATION. Weeds, grass, vines or other organic (cellulose) growth that is capable of being ignited and endangering property. 15.36.020 California Fire Code Chapter 3—General Requirements—Adopted in part and amended. California Fire Code, Chapter 3, General Requirements, is adopted in its entirety except for Section 303, Asphalt Kettles, and includes the following amendment: Chapter 3, Section 308.1.4, Open-flame cooking devices, is amended to read as follows: 308.1.4 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exceptions: 1. Group R-2 and Group R-3 occupancies. 2. Where buildings, balconies and decks are protected by an automatic sprinkler system. 3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 21/2 pounds [nominal 1 pound (0.454 kg) LP-gas capacity]. 15.36.025 California Fire Code Chapter 4—Emergency Planning and Preparedness— Adopted in part. California Fire Code, Chapter 4, Emergency Planning and Preparedness, is amended to adopt only the sections and subsections listed below: A. 401—401.9 B. 402 C. 403.1 D. 403.2 E. 403.4—403.4.4 2022/11/08 City Council Post Agenda Page 102 of 719 Ordinance Page 8 F. 403.10.2.1.1 G. 403.10.6 H. 403.12—403.12.3 I. 404.5—404.6.6 J. 407. Respective to Cannabis businesses and the licensing thereof, Emergency Action and Fire Prevention Plans are required and shall comply with the provisions as set forth in Chula Vista Municipal Code, 5.19.050.B.1.e, and as further outlined under the City’s Cannabis Regulations, §0502. Cannabis business Emergency Action and Fire Prevention Plans shall show compliance with California Fire Code, Chapter 4, Emergency Planning and Preparedness, Sect ions 404 through 407. 15.36.030 California Fire Code Chapter 5—Fire Service Features—Adopted and amended. California Fire Code, Chapter 5, Fire Service Features, is adopted in its entirety with the following amendment: Chapter 5 is amended to add Section 511 Preplanning response maps and data, and Section 511.1 Requirements, to read as follows: 511 PREPLANNING RESPONSE MAPS AND DATA 511.1 Requirements. Applicants submitting permits for and building any new development or project, which necessitates updating of emergency response maps by virtue of new structures and their respective appurtenances, hydrants, roadways, and or similar features, shall be required to provide electronic files with respective layers, in an approved format, to the FAHJ. 15.36.035 California Fire Code Chapter 6—Building Services and Systems—Adopted. California Fire Code, Chapter 6, Building Services and Systems, is adopted in its entirety without amendments. 15.36.040 California Fire Code Chapter 7—Fire and Smoke Protection Features— Adopted. California Fire Code, Chapter 7, Fire and Smoke Protection Features, is adopted in its entirety without amendments. 15.36.045 California Fire Code Chapter 8—Interior Finish, Decorative Materials and Furnishings—Adopted. California Fire Code, Chapter 8, Interior Finish, Decorative Materials and Furnishings, is adopted in its entirety without amendments. 15.36.050 California Fire Code Chapter 9—Fire Protection and Life Safety Systems— Adopted and amended. 2022/11/08 City Council Post Agenda Page 103 of 719 Ordinance Page 9 California Fire Code, Chapter 9, Fire Protection and Life Safety Systems, is adopted in its entirety with the following amendments: A. Chapter 9, Section 901.6.3, Records, is amended to add Section 901.6.3.2 Records reporting, to read as follows: 901.6.3.2 Records reporting. All inspection, testing and maintenance reports shall be forwarded and made accessible to the Fire Department using the electronic media and platform of the designated third party as approved by the City. Paper (hard copy) reports are not permitted. B. Chapter 9, Section 903.2.8.1, Group R-3, is amended to add Section 903.2.8.1.1 NFPA 13- D meter size, to read as follows: 903.2.8.1.1 NFPA 13-D meter size. The minimum water meter size serving NFPA 13-D (dwelling) fire sprinkler systems shall be no less than one (1) inch in diameter. Exceptions: 1. Minimum meter size can be dependent upon hydraulic analysis, including safety factors, for second dwelling units and accessory structures to group R3 occupancies. C. Chapter 9, Section 905.4, Location of Class I standpipe hose connections, is amended to read as follows: 905.4 Location of Class I standpipe hose connections. Class I standpipe hose connections shall be provided in all of the following locations: 1. In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at intermediate floor level landings between floors or as approved by the fire code official. See Section 909.20.2.3 of the California Building Code for additional provisions in smokeproof enclosures. Exception to Item 1 of 905.4 shall remain in full force and effect along with Exceptions 2 through 6. 15.36.055 California Fire Code Chapter 10—Means of Egress—Adopted. California Fire Code, Chapter 10, Means of Egress, is adopted in its entirety without amendments. 15.36.060 California Fire Code Chapter 11—Construction Requirements for Existing Buildings—Adopted in part. California Fire Code, Chapter 11, Construction Requirements for Existing Buildings, is amended to adopt only the sections and subsections listed below: A. 1103.3.3 B. 1103.7 2022/11/08 City Council Post Agenda Page 104 of 719 Ordinance Page 10 C. 1103.7.3 D. 1103.7.3.1 E. 1103.7.8—1103.7.8.2 F. 1103.7.9—1103.7.9.10 G. 1103.8—1103.8.5.3 H. 1103.9.1 I. 1107 J. 1113 K. 1114 L. 1115 M. 1116 15.36.065 California Fire Code Chapter 12—Energy Systems—Adopted. California Fire Code, Chapter 12, Energy Systems, is adopted in its entirety without amendments. 15.36.070 California Fire Code Chapter 20—Aviation Facilities—Adopted. California Fire Code, Chapter 20, Aviation Facilities, is adopted in its entirety without amendments. 15.36.075 California Fire Code Chapter 21—Dry Cleaning—Adopted. California Fire Code, Chapter 21, Dry Cleaning, is adopted in its entirety without amendments. 15.36.080 California Fire Code Chapter 22—Combustible Dust-Producing Operations—Adopted. California Fire Code, Chapter 22, Combustible Dust-Producing Operations, is adopted in its entirety without amendments. 15.36.085 California Fire Code Chapter 23—Motor Fuel-Dispensing Facilities and Repair Garages—Adopted. California Fire Code, Chapter 23, Motor Fuel-Dispensing Facilities and Repair Garages, is adopted in its entirety without amendments. 15.36.090 California Fire Code Chapter 24—Flammable Finishes—Adopted. California Fire Code, Chapter 24, Flammable Finishes, is adopted in its entirety without amendments. 15.36.095 California Fire Code Chapter 25—Fruit and Crop Ripening—Adopted. California Fire Code, Chapter 25, Fruit and Crop Ripening, is adopted in its entirety without amendments. 15.36.100 California Fire Code Chapter 26—Fumigation and Insecticidal Fogging— Not adopted. California Fire Code, Chapter 26, Fumigation and Insecticidal Fogging, is not adopted. 15.36.105 California Fire Code Chapter 27—Semiconductor Fabrication Facilities— Adopted. 2022/11/08 City Council Post Agenda Page 105 of 719 Ordinance Page 11 California Fire Code, Chapter 27, Semiconductor Fabrication Facilities, is adopted in its entirety without amendments. 15.36.110 California Fire Code Chapter 28—Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities—Adopted. California Fire Code, Chapter 28, Lumber Yards and Agro -industrial, Solid Biomass and Woodworking Facilities, is adopted in its entirety without amendments. 15.36.115 California Fire Code Chapter 29—Manufacture of Organic Coatings— Adopted. California Fire Code, Chapter 29, Manufacture of Organic Coatings, is adopted in its entirety without amendments. 15.36.120 California Fire Code Chapter 30—Industrial Ovens—Adopted. California Fire Code, Chapter 30, Industrial Ovens, is adopted in its entirety without amendments. 15.36.125 California Fire Code Chapter 31—Tents, Temporary Special Event Structures and Other Membrane Structures—Adopted. California Fire Code, Chapter 31, Tents, Temporary Special Event Structures and Other Membrane Structures, is adopted in its entirety without amendments. 15.36.130 California Fire Code Chapter 32—High-Piled Combustible Storage— Adopted. California Fire Code, Chapter 32, High-Piled Combustible Storage, is adopted in its entirety without amendments. 15.36.135 California Fire Code Chapter 33—Fire Safety During Construction and Demolition—Adopted. California Fire Code, Chapter 33, Fire Safety During Construction and Demolition, is adopted in its entirety without amendments. 15.36.140 California Fire Code Chapter 34—Tire Rebuilding and Tire Storage— Adopted. California Fire Code, Chapter 34, Tire Rebuilding and Tire Storage, is adopted in its entirety without amendments. 15.36.145 California Fire Code Chapter 35—Welding and Other Hot Work—Adopted. California Fire Code, Chapter 35, Welding and Other Hot Work, is adopted in its entirety without amendments. 15.36.150 California Fire Code, Chapter 36—Marinas—Adopted. California Fire Code, Chapter 36, Marinas, is adopted in its entirety without amendments. 15.36.155 California Fire Code, Chapter 37—Combustible Fibers—Adopted. California Fire Code, Chapter 37, Combustible Fibers, is adopted in its entirety without amendments. 2022/11/08 City Council Post Agenda Page 106 of 719 Ordinance Page 12 15.36.160 California Fire Code, Chapter 39—Processing and Extraction Facilities— Adopted. California Fire Code, Chapter 39, Processing and Extraction Facilities, is adopted in its entirety without amendments. 15.36.165 California Fire Code Chapter 40—Storage of Distilled Spirits and Wine— Adopted. California Fire Code, Chapter 40, Storage of Distilled Spirits and Wine, is adopted in its entirety without amendments. 15.36.170 California Fire Code Chapter 48—Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations—Adopted. California Fire Code, Chapter 48, Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations, is adopted in its entirety without amendments. 15.36.175 California Fire Code Chapter 49—Requirements for Wildland-Urban Interface Fire Areas—Adopted and amended. California Fire Code, Chapter 49, Requirements for Wildland-Urban Interface Fire Areas, is adopted in its entirety with the following amendments: A. Chapter 49, Section 4907.2, Application, is amended to read as follows: 4907.2 Application. Buildings and structures located in the following areas shall maintain the required hazardous vegetation and fuel management: 1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as a State Responsibility Area (SRA). 2. Land designated as a Very High Fire Hazard Severity Zone by the Director. 3. Land designated in ordinance by local agencies as a Very High Fire Hazard Severity Zone pursuant to Government Code Section 51179. 4. Designated areas by the Fire Code Official. B. Chapter 49, Section 4907.3, Requirements, is amended to add Section 4907.3.1 Designated areas, to read as follows: 4907.3.1 Designated areas. All non-maintained combustible vegetation, and or other such accumulations of non-maintained combustible vegetation materials in open space areas, as determined by the Fire Code Official, shall be maintained in an approved manner within one hundred (100) feet of any building or structure designed or intended for occupancy by humans or animals. 15.36.180 California Fire Code Chapter 50—Hazardous Materials—General Provisions—Adopted. 2022/11/08 City Council Post Agenda Page 107 of 719 Ordinance Page 13 California Fire Code, Chapter 50, Hazardous Materials—General Provisions, is adopted in its entirety without amendments. 15.36.185 California Fire Code Chapter 51—Aerosols—Adopted. California Fire Code, Chapter 51, Aerosols, is adopted in its entirety without amendments. 15.36.190 California Fire Code Chapter 53—Compressed Gases—Adopted. California Fire Code, Chapter 53, Compressed Gases, is adopted in its entirety without amendments. 15.36.195 California Fire Code Chapter 54—Corrosive Materials—Adopted. California Fire Code, Chapter 54, Corrosive Materials, is adopted in its entirety without amendments. 15.36.200 California Fire Code Chapter 55—Cryogenic Fluids—Adopted. California Fire Code, Chapter 55, Cryogenic Fluids, is adopted in its entirety without amendments. 15.36.205 California Fire Code Chapter 56—Explosives and Fireworks—Adopted and amended. California Fire Code, Chapter 56, Explosives and Fireworks, is adopted in its entirety with the following amendments: A. Chapter 56, Section 5601.1.3, Fireworks, is amended to add Section 5601.1.3.1 Retail fireworks, to read as follows: 5601.1.3.1 Retail fireworks. The storage, use, sale, possession, and handling of fireworks 1.4G (commonly referred to as Safe & Sane) and fireworks 1.3G are prohibited unless they are being used as part of a public display when permitted and conducted by a licensed pyrotechnic operator. B. Chapter 56, Section 5601.1.3, Fireworks, is amended to add Section 5601.1.3.2 Seizure of fireworks, to read as follows: 5601.1.3.2 Seizure of fireworks. The fire code official shall have the authority to seize, take, or remove all fireworks possessed, stored, sold, offered for sale, used or handled in violation of the provisions of this Ordinance and Title 19 California Code of Regulations. 15.36.210 California Fire Code Chapter 57—Flammable and Combustible Liquids— Adopted. California Fire Code, Chapter 57, Flammable and Combustible Liquids, is adopted in its entirety without amendments. 15.36.215 California Fire Code Chapter 58—Flammable Gases and Flammable Cryogenic Fluids—Adopted. California Fire Code, Chapter 58, Flammable Gases and Flammable Cryogenic Fluids, is adopted in its entirety without amendments. 2022/11/08 City Council Post Agenda Page 108 of 719 Ordinance Page 14 15.36.220 California Fire Code Chapter 59—Flammable Solids—Adopted. California Fire Code, Chapter 59, Flammable Solids, is adopted in its entirety without amendments. 15.36.225 California Fire Code Chapter 60—Highly Toxic and Toxic Materials— Adopted. California Fire Code, Chapter 60, Highly Toxic and Toxic Materials, is adopted in its entirety without amendments. 15.36.230 California Fire Code Chapter 61—Liquefied Petroleum Gases—Adopted. California Fire Code, Chapter 61, Liquefied Petroleum Gases, is adopted in its entirety without amendments. 15.36.235 California Fire Code Chapter 62—Organic Peroxides—Adopted. California Fire Code, Chapter 62, Organic Peroxides, is adopted in its entirety without amendments. 15.36.240 California Fire Code Chapter 63—Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids—Adopted. California Fire Code, Chapter 63, Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids, is adopted in its entirety without amendments. 15.36.245 California Fire Code Chapter 64—Pyrophoric Materials—Adopted. California Fire Code, Chapter 64, Pyrophoric Materials, is adopted in its entirety without amendments. 15.36.250 California Fire Code Chapter 65—Pyroxylin (Cellulose Nitrate) Plastics— Adopted. California Fire Code, Chapter 65, Pyroxylin (Cellulose Nitrate) Plastics, is adopted in its entirety without amendments. 15.36.255 California Fire Code Chapter 66—Unstable (Reactive) Materials—Adopted. California Fire Code, Chapter 66, Unstable (Reactive) Materials, is adopted in its entirety without amendments. 15.36.260 California Fire Code Chapter 67—Water-Reactive Solids and Liquids— Adopted. California Fire Code, Chapter 67, Water-Reactive Solids and Liquids, is adopted in its entirety without amendments. 15.36.265 California Fire Code Chapter 80—Referenced Standards—Adopted. California Fire Code, Chapter 80, Referenced Standards, is adopted in its entirety without amendments. 15.36.270 California Fire Code Appendices—Adopted and amended. 2022/11/08 City Council Post Agenda Page 109 of 719 Ordinance Page 15 The Appendices to the California Fire Code are adopted as follows: A. Appendix B, Fire-Flow Requirements for Buildings, is adopted in its entirety with the following amendments: Appendix, Table B105.1(1), Required fire flow for one- and two-family dwellings, group R-3 and R-4 buildings and townhouses, is amended to read as follows: TABLE B105.1(1). TABLE B105.1(1) REQUIRED FIRE FLOW FOR ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSESb Fire-Flow Calculation Area (sqf) Automatic Sprinkler Systems (design-standard) Minimum Fire- Flow (gallons per minute)a Flow Duration (hours) 0-3,600 No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) at the required fire-flow rate 3,601 and greater No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) at the required fire-flow rate 0-3,600 Section 903.3.1.3 of the California Fire Code or Section 313.3 of the California Residential Code Value in Table B105.1(2) Duration in Table B105.1(2) at the required fire-flow rate 3,601 and greater Section 903.3.1.3 of the California Fire Code or Section 313.3 of the California Residential Code Value in Table B105.1(2) Duration in Table B105.1(2) at the required fire-flow rate For SI: 1 square foot = 0.0929 m2. 1 gallon per minute = 3.785 L/m. a. The fire flow rates as listed in Table B105.1(2) are capped at 5,000gpm. b. When the existing water main cannot supply the minimum required fire flow rate, the FAHJ may require a fire sprinkler system to be installed, if not required by other portions of adopted codes, or a fire sprinkler system hazard classification upgrad e in lieu of water main upsizing. Table B105.2, Required fire flow for buildings other than one- and two-family dwellings, group R-3 and R-4 buildings and townhouses, is amended to read as follows: TABLE B105.2. 2022/11/08 City Council Post Agenda Page 110 of 719 Ordinance Page 16 TABLE B105.2 REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSESc Automatic Sprinkler Systems (design-standard) Minimum Fire-Flow (gallons per minute)b Flow Duration (hours) No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California Fire Code 75% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the original flow rate Section 903.3.1.2 of the California Fire Code 75% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the original flow rate For SI: 1 gallon per minute = 3.785 L/m a. The reduced fire-flow rate shall not be less than 1,500 gallons per minute. b. The fire flow rates as listed in Table B105.1(2) are capped at 5,000gpm. c. When the existing water main cannot supply the minimum required fire flow rate, the FAHJ may require a fire sprinkler system to be installed, if not required by other portions of adopted codes, or a fire sprinkler system hazard classification upgrade in lieu of water main upsizing. B. Appendix BB, Fire-Flow Requirements for Buildings, is adopted in its entirety with the following amendment: Appendix BB, Section BB105, Fire-Flow Requirements for Buildings, is amended to read as follows: BB105.1 The minimum fire flow and flow duration for school buildings shall be as specified in Table BB105.1. Exception. A reduction in required fire flow of up to 25 percent is allowed when the building is provided with an approved automatic sprinkler system. When a reduction in fire flow is used, fire flow shall not be less than 1500 GPM. C. Appendix C, Fire Hydrant Locations and Distribution, is adopted in its entirety with the following amendment: Appendix C, Table C102.1, Required number and spacing of fire hydrants - Footnotes, is amended to read as follows: TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS a. The fire code official is authorized to modify the locations, number and distribution of fire hydrants based upon site-specific conditions, constraints, and hazards. 2022/11/08 City Council Post Agenda Page 111 of 719 Ordinance Page 17 Footnotes b through h are deleted. D. Appendix CC, Fire Hydrant Locations and Distribution, is adopted in its entirety with the following amendment: Appendix CC, Table CC105.1, Number and distribution of fire hydrants - Footnotes, is amended to read as follows: TABLE CC105.1 NUMBER AND DISTRIBUTION OF FIRE HYDRANTS Footnotes a through e are deleted. E. Appendix H, Hazardous Materials Management Plans and Hazardous Materials Inventory Statements, is adopted in its entirety. F. Appendix O, Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses, is adopted in its entirety. G. Appendices not listed herein are not adopted as part of this Ordinance. Section III. Findings and Declarations The City Council of the City of Chula Vista specifically and expressly finds and declares that each of the additions and amendments listed in Chula Vista Municipal Code, 15.36, Fire Code, are necessary due to local climatic, geological, and topographical conditions. Local climatic, geologic, and topographic findings for each of the Fire Code additions and amendments are as follows: A. Local climatic conditions. Climate is one of the greatest impacts to fire behavior and other major emergency events because it cannot be controlled. The local seasonal climatic conditions during the summer months and fall create severe fire hazards to the public health and welfare in the city. The hot, dry weather in combination with Santa Ana winds frequently results in vegetation fires. Additionally, several consecutive years of local and state-wide drought conditions have and continue to occur, which reduces vegetation fuel moisture. With little moisture in the fuel, fires can more easily start, and wind and other driving forces may cause rapid and intense fire spread. These local conditions combined with the geological and topographical characteristics within the city create hazardous conditions for which departure from the California Building Standard Code is required. B. Local geological conditions. The city is subject to earthquake hazards caused by its location on the La Nacion fault zone and Chula Vista fault, and its proximity to the Rose Canyon fault. Seismic action could disrupt communications, damage gas mains, cause extensive electrical hazards, increase the likelihood of numerous structure fires , and place extreme demands on both private fire protection systems and equipment. The extreme demands also extend to the Fire Department and its ability to meet and provide the fire protection and life safety needs of the community. Being that the city is within a seismic area that includes earthquake faults, the modifications and changes cited herein are designed to limit property damage as a result of seismic activity. 2022/11/08 City Council Post Agenda Page 112 of 719 Ordinance Page 18 C. Local topographical conditions. The city has several topographical features, including bordering by a bay, a lake, Otay River Valley and Sweetwater river, and parkways, narrow streets, open space, varying elevations, bridges, overpasses, freeways, and railroad tracks including light rail. These conditions can impede the rapid deployment and effectiveness of emergency resources; further, these conditions and increasing populations can slow evacuation. Additionally, the varying elevations across the city increase wind effect and can have significant negative impacts during vegetation and other fires. The modifications and additions to the California Building Standards Code are reasonably necessary to mitigate to the extent possible the respective deleterious effects and for community health and safety. California Health and Safety Code section 17958.7 requires that the modifications or changes be expressly marked and identified as to which each finding refers. The following table provides the City of Chula Vista Municipal Code Sections and the associated conditions for modification due to local climatic, geological, and /or topographical reasons. Findings Related to Local Amendments Section Number Local Climatic / Geological / Topographical Conditions 15.36.005 Section III: A, B, C 15.36.010 Section III: A, B, C 15.36.015 Section III: A, B, C 15.36.020 Section III: A, B, C 15.36.025 Section III: A, B, C 15.36.030 Section III: A, B, C 15.36.035 Section III: A, B, C 15.36.040 Section III: A, B, C 15.36.045 Section III: A, B, C 15.36.050 Section III: A, B, C 15.36.055 Section III: A, B, C 15.36.060 Section III: A, B, C 15.36.065 Section III: A, B, C 15.36.070 Section III: A, B, C 15.36.075 Section III: A, B, C 15.36.080 Section III: A, B, C 15.36.085 Section III: A, B, C 15.36.090 Section III: A, B, C 15.36.095 Section III: A, B, C 15.36.100 Section III: A, B, C 15.36.105 Section III: A, B, C 15.36.110 Section III: A, B, C 15.36.115 Section III: A, B, C 15.36.120 Section III: A, B, C 15.36.125 Section III: A, B, C 15.36.130 Section III: A, B, C 2022/11/08 City Council Post Agenda Page 113 of 719 Ordinance Page 19 15.36.135 Section III: A, B, C 15.36.140 Section III: A, B, C 15.36.145 Section III: A, B, C 15.36.150 Section III: A, B, C 15.36.155 Section III: A, B, C 15.36.160 Section III: A, B, C 15.36.165 Section III: A, B, C 15.36.170 Section III: A, B, C 15.36.175 Section III: A, B, C 15.36.180 Section III: A, B, C 15.36.185 Section III: A, B, C 15.36.190 Section III: A, B, C 15.36.195 Section III: A, B, C 15.36.200 Section III: A, B, C 15.36.205 Section III: A, B, C 15.36.210 Section III: A, B, C 15.36.215 Section III: A, B, C 15.36.220 Section III: A, B, C 15.36.225 Section III: A, B, C 15.36.230 Section III: A, B, C 15.36.235 Section III: A, B, C 15.36.340 Section III: A, B, C 15.36.245 Section III: A, B, C 15.36.250 Section III: A, B, C 15.36.255 Section III: A, B, C 15.36.260 Section III: A, B, C 15.36.265 Section III: A, B, C 15.36.270 Section III: A, B, C Section IV. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section V. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. 2022/11/08 City Council Post Agenda Page 114 of 719 Ordinance Page 20 Section VI. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage but not before January 1, 2023. Section VII. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by _____________________________________ ____________________________________ Harry Muns Glen R. Googins Fire Chief City Attorney 2022/11/08 City Council Post Agenda Page 115 of 719 v . 0 03 P a g e | 1 November 8, 2022 ITEM TITLE Personnel Matters: Approve Amended Compensation Schedule & Classification Plan, Certain Terms & Conditions for Fire Staff, Benefits for Certain Employees, Hiring Incentives, IAFF MOU, Personnel Appointment, Conflict of Interest Code, and Appropriate Funds Report Number: 22-0282 Location: No specific geographic location Department: Human Resources Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt resolutions: (A) Amending the Compensation Schedule and Classification Plan to reflect the addition and deletion of various position titles and amending the authorized position count in various departments; (B) Identifying the terms and conditions for Fire Department response away from their official duty station and assigned to an emergency incident; (C) Approving the Amended Compensation Summary for all Unrepresented Employees and Elected Officials, including authorization for the Mayor to execute any necessary contract amendments to implement said Amended Compensation Summary; (D) Approving an extension and an increase to the Lateral Incentive Pay for new lateral Peace Officer hires; (E) Approving Human Resources Policy 219 providing a relocation allowance of up to $5,000 for Executives, Senior Managers and Hard to Fill Classifications as described in Human Resources Policy 218, Referral Program for Hard to Fill Positions; (F) Approving the First Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180 covering the period of July 1, 2022 to December 31, 2024 ; (G) Approving the revised Fiscal Year 2022-23 Compensation Schedule effective November 18, 2022, as required by the California Code of Regulations, Title 2, Section 570.5; (H) Ratifying the City Manager’s appointment of Stacey Kurz as the Director of Housing and Homeless Services; (I) Amending the Fiscal Year 2022-23 budget to appropriate funds, accordingly (4/5 Vote Required); and (J) Modifying the appendix to the local Conflict of Interest Code to revise the list of designated employees who are required to file Statements of Economic Interest (Form 700). Item 5.5 – Staff Report – Revised 11/4/2022 2022/11/08 City Council Post Agenda Page 116 of 719 P a g e | 2 SUMMARY In an effort to address the needs of various departments and the City's workforce, the Human Resources Department, in conjunction with the affected departments, is proposing the addition and deletion of certain classifications and positions. These changes necessitate am endments to the City’s Compensation Schedule, Classification Plan, and departmental position counts. Staff is also recommending adoption of resolutions identifying the terms and conditions for Fire Department response away from their official duty station and assigned to an emergency incident; approving the amended Compensation Summary for Unrepresented Employees and Elected Officials; extending and increasing the Lateral Incentive Pay for new lateral Peace Officer hires; approving the First Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180 covering the period of July 1, 2022 to December 31, 2024; approving the revised Fiscal Year 2022-2023 Compensation Schedule effective November 18, 2022; and updating the list of designated filers who are required to file periodic Statements of Economic Interests (Form 700). ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Civil Service Commission is slated to approve the new classifications at their November 3, 2022, meeting. DISCUSSION Compensation Schedule and Classification Plan Civil Service Rule 1.02.A, which applies to the City’s classified positions, provides for necessary reviews and changes so that the City’s classification plan is kept current, and that changes in existing classes, the establishment of new classes, or the abolition of classes are properly reflected in the Classification Plan. In an effort to address the needs of various departments and the City's workforce, the Human Resources Department, in conjunction with the affected departments, is proposing certain position changes, with corresponding updates to the Classification Plan, Compensation Schedule, and authorized departmental position counts. The following identifies the affected positions and proposed changes. Item 5.5 – Staff Report – Revised 11/4/2022 2022/11/08 City Council Post Agenda Page 117 of 719 P a g e | 3 Department Position Title FTE General Fund City Clerk Deputy City Clerk II 1.00 Community Services Parks Manager -1.00 Parks Supervisor -4.00 Senior Management Analyst -1.00 Senior Parks Maintenance Worker -10.00 Parks Maintenance Worker II -24.00 Park Ranger Program Manager -1.00 Park Ranger Supervisor -1.00 Senior Park Ranger -1.00 Development Services Code Enforcement Officer II 1.00 Engineering & Capital Projects Senior Building Inspector -1.00 Senior Public Works Inspector -1.00 Public Works Inspector II -3.00 Associate Engineer 5.00 Finance Senior Procurement Specialist 1.00 Human Resources Senior Human Resources Technician 1.00 Information Technology Services Senior Programmer Analyst -1.00 Operations and Telecommunications Manager -1.00 Senior Applications Support Specialist 1.00 Applications Support Specialist 1.00 Applications Support Manager 1.00 IT Manager 1.00 Police Detentions Officer 8.00 Detention Facility Manager 1.00 Public Works Plumber 1.00 Parks Manager 1.00 Parks Supervisor 4.00 Senior Management Analyst 1.00 Senior Parks Maintenance Worker 10.00 Parks Maintenance Worker II 24.00 Park Ranger Program Manager 1.00 Park Ranger Supervisor 1.00 Senior Park Ranger 1.00 General Fund Total 16.00 Item 5.5 – Staff Report – Revised 11/4/2022 2022/11/08 City Council Post Agenda Page 118 of 719 P a g e | 4 Department Position Title FTE Central Garage Operations Fund Public Works Fleet Supervisor 1.00 Central Garage Operations Fund Total 1.00 City Jail Fund Police Detentions Supervisor -2.00 Detentions Officer -12.00 Detention Facility Manager -1.00 City Jail Fund Total -15.00 Police Grants Fund Police FA Supervisory Intelligence Analyst -3.00 FA Supervisory Intelligence Analyst I 3.00 FA Program Assistant Supervisor 1.00 Police Grants Fund Total 1.00 Housing Authority Fund Housing & Homeless Services Housing Manager (Unclassified) -1.00 Director of Housing and Homeless Services 1.00 Senior Management Analyst -1.00 Housing Manager 1.00 Homeless Solutions Manager 1.00 Senior Fiscal Office Specialist 1.00 Management Analyst II 1.00 Housing Authority Fund Total 3.00 Transport Fund Fire Emergency Medical Technician (Non-Safety) -2.00 Paramedic (Non-Safety) 2.00 Transport Fund Total 0.00 Total City-Wide Position Changes (Net Increase/Decrease) 6.00 Item 5.5 – Staff Report – Revised 11/4/2022 2022/11/08 City Council Post Agenda Page 119 of 719 P a g e | 5 Summary of New and Updated Classifications Position Title Employee Group Bi-Weekly E Step Applications Support Manager MM $5,081.14 City Clerk Analyst PROF $4,134.50 Director of Housing and Homeless Services EXEC $6,459.88 Fleet Supervisor ACE $3,597.96 Homeless Solutions Manager MM $5,185.73 Housing Manager MM $5,185.73 FA Supervisory Intelligence Analyst I PRUC $3,974.00 FA Supervisory Intelligence Analyst II PRUC $4,570.10 Senior Procurement Specialist PROF $3,466.77 Adoption of Resolution A will amend the Compensation Schedule, Classification Plan, and authorized departmental position counts to reflect the above changes. Fire Department Response Away from Their Official Duty Station and Assigned to an Emergency Incident The Fire Department has participated in the California Fire Assistance Agreement (CFAA) for many years and the Agreement is in place to provide staff and equipment resources on a reimbursement basis to other agencies that have become overwhelmed by an emergency response. It was the CFAA that provided the necessary resources to mitigate the 2003 and 2007 fire storms here in San Diego County. As a participant in the CFAA, the Chula Vista Fire Department in turn can receive staff and equipment resources on a reimbursement basis if the Fire Department were to become overwhelmed by an emergency response. Portal-to-portal compensation allows the City to be reimbursed by the State of California Office of Emergency Services (Cal OES) or the agency requesting aid. Portal-to-portal compensation is calculated from when the expense is incurred, i.e. the moment a staff and/or equipment resource is dispatched from their home base until they return to their home base. This is important to participants of the CFAA because when aid is provided they are reimbursed for all costs associated with the aid assignment. This includes personnel expenses for Chula Vista Fire Department response personnel on the aid assignment, as well as the cost to backfill behind them while deployed on the aid assignment. Portal- to-portal also applies to apparatus and equipment which have associated use fees. Portal-to-portal compensation is the current practice used by the Chula Vista Fire Department in accordance with the MOU between the City of Chula Vista and Local 2180 International Association of Firefighters (IAFF). Chula Vista Fire Department response personnel includes Fire Chief, Deputy Fire Chief, Fire Division Chief, Fire Battalion Chief, Fire Captain, Fire Engineer, Firefighter/Paramedic, Firefighter, Emergency Medical Technician (Non-Safety), Paramedic (Non-Safety), and Fire Prevention/Investigation and Fire Mechanic/Equipment Mechanic personnel. Item 5.5 – Staff Report – Revised 11/4/2022 2022/11/08 City Council Post Agenda Page 120 of 719 P a g e | 6 Adoption of B resolution will identify the terms and conditions in which Chula Vista Fire Department response personnel and the personnel necessary to backfill behind them are compensated portal -to-portal while on an aid assignment under the CFAA. Compensation Summary for Unrepresented Employees The current Compensation Summary for Executive Management, Senior Management, Unclassified Middle Management/Professional, Confidential Middle Management/Professional, Unclassified Confidential, Confidential Classified, Mayor, Council, City Attorney and Unclassified Hourly Employees for Fisc al Year 2021-2022, 2022-2023 and 2023-2024 (“Compensation Summary for Unrepresented Employees and Elected Officials”) was last approved by the City Council at their May 24, 2022, meeting. Staff is requesting to revise the Compensation Summary for Unrepresented Employees to reflect time- and- a-half overtime for the Fire Chief, Deputy Fire Chief and Fire Division Chief portal-to-portal compensation while on reimbursable aid assignment under the CFAA as noted in the earlier section and memorializing the irrevocable election for vacation cash-out for unrepresented employees to comply with IRS guidelines. Staff is also requesting to revise Section V. Mayor, Council and City Attorney, B. Benefits, 1. Cafeteria Plan to reflect current benefit amounts. Adoption of Resolution C will approve the Compensation Summary for Unrepresented Employees and Elected Officials to reflect the changes noted above. The Compensation Summary reflecting these revisions is Attachment 1 to this Staff Report. Lateral Incentive Pay for New Lateral Peace Officer Hires On August 10, 2021, in order to encourage Police Laterals to become Chula Vista Police Officers, Council approved increasing the incentive pay (an additional $10,000) for Police Laterals who become Chula Vista Police Officers (“Enhanced Lateral Incentive Program”). To qualify, a lateral must have the required POST certificate to be a Peace Officer and at least one year of law enforcement experience. The increased incentive pay was to be paid at various milestones to ensure the laterals become and remain Chula Vista Police Officers and was to sunset on June 30, 2022. The Chula Vista Police Department is seeking to continue the Enhanced Lateral Incentive Program (the additional $10,000) for Police Laterals who become Chula Vista Police Officers through October 20, 2022, which was subsequently approved by Council. In order to further encourage Police Laterals to become Chula Vista Police Officers, and be competitive in the market, the Chula Vista Police Department seeks to continue the Enhanced Lateral Incentive Program (the additional $10,000) for Police Laterals who become Chula Vista Police Officers through October 20, 2022 and increase the incentive pay (an additional $5,000 to $15,000) for Police Laterals who become Chula Vista Police Officers (“Enhanced Lateral Incentive Program”). The additional lateral incentive pay program will apply to new Police Laterals hired between October 21, 2022, to June 30, 2024. Adoption of Resolution D will approve the extension and increase to the Enhanced Lateral Incentive Program pay as noted above. Item 5.5 – Staff Report – Revised 11/4/2022 2022/11/08 City Council Post Agenda Page 121 of 719 P a g e | 7 Relocation Allowance for Executives, Senior Managers and Hard to Fill Classifications Staff is proposing a policy that provides for reimbursement for qualified relocation expenses to newly hired employees in eligible positions in order to attract a skilled workforce to provide quality services to the residents of the City and to make the City of Chula Vista an employer of choice. The City has met and conferred with all of the labor groups on the proposed policy. Adoption of Resolution E will approve Human Resources Policy 219, Relocation Allowance, effective October 21, 2022, providing a relocation allowance of up to $5,000 for Executives, Senior Managers and Hard to Fill Classifications as described in Human Resources Policy 218, Referral Program for Hard to Fill Positions. Human Resources Policy 219, Relocation Allowance, is Attachment 2 to this Staff Report. First Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180 The City and the International Association of Fire Fighters, Local 2180 (“Local 2180”) entered into a Memorandum of Understanding (“MOU”) covering the period of July 1, 2022, to December 31, 2024, regarding wages, hours, and other terms and conditions of employment. The City and Local 2180, after meeting and conferring in good faith pursuant to the Meyers-Milias-Brown Act (MMBA), wish to enter into a First Amendment to the 2022-2024 MOU regarding the addition of an employee funded Retirement Health Savings Account and amending the medical benefit plans for calendar year 2023. The First Amendments provides that employees shall contribute $100 per month towards the plan, which the City will automatically deduct from the salary of each employee and remit monthly to the Plan Administrator. Additionally, it provides that, upon retirement of an IAFF-represented employee, the City will transfer into the IAFF plan, an amount equal to 100% of the cash value of the employee’s vacation balance for which they would otherwise receive payment. The Joinder Agreement for the IAFF RMT is Attachment 3 to this Staff Report. Adoption of Resolution F will approve the First Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180 covering the period of July 1, 2022, to December 31, 2024, regarding the addition of an employee funded Retirement Health Savings Account and amending the medical benefit plans for calendar year 2023. The First Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180 covering the period of July 1, 2022, to December 31, 2024, is Attachment 4 to this Staff Report. Compensation Schedule Requirement California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements, including approval by the City’s governing body in accordance with the requirements of applicable public meeting laws. The revised Fiscal Year 2022-2023 Compensation Schedule ("Compensation Schedule") was last approved by the City Council at their meeting of October 18, 2022. Adoption of Resolution G will approve the revised Compensation Schedule effective November 18, 2022, which reflects: (1) the addition of the Fleet Supervisor, Homeless Solutions Manager, Director of Housing and Homeless Services, Housing Manager, FA Supervisory Intelligence Analyst I and FA Supervisory Intelligence Analyst II position titles; (2) the deletion of the FA Supervisory Intelligence Analyst, Housing Manager (Unclassified), and Operations and Telecommunications Manager position titles; and (3) the updated salaries Item 5.5 – Staff Report – Revised 11/4/2022 2022/11/08 City Council Post Agenda Page 122 of 719 P a g e | 8 for Application Support Manager, City Clerk Analyst and Senior Procurement Specialist. The Compensation Schedule reflecting these revisions is Attachment 5 to this Staff Report. City Manager’s Appointment of the Director of Housing and Homeless Services This Department of Housing and Homeless Services will be created with the adoption of Resolutions A and I. The City of Chula Vista’s Charter Section 500 (a) grants the City Manager the authority to appoint department heads subject to the approval of the City Council. This resolution seeks to approve the appointment of Stacey Kurz to the position of Director of Housing and Homeless Services Friday, November 18, 2022. With 23 years of experience in planning, housing and engagement along both the eastern and western coasts, Ms. Kurz brings a breadth of experience to continue leading the Housing and Homeless Services Department to provide residents with affordable housing resources and discussing critical community needs through collaboration with city and community leaders. Her accomplishments, duties and responsibilities are impressive and can be reviewed in Attachment 7 to this Staff Report. Adoption of Resolution H will ratify the City Manager’s appointment. Budget Amendments Approval of Resolution I will amend the budget and appropriate funds in the amount of $1,149,697, as a result of the position changes described above. Conflict of Interest Code Updates The City Clerk and City Attorney have reviewed the positions changes and recommend that the appendix to the Conflict of Interest Code (Attachment 6) be updated to designate the appropriate positions as Form 700 filers and as “designated employees” for purposes of AB 1234, requiring them to participate in mandatory ethics training. Approval of Resolution J will make the appropriate updates to the appendix to the Conflict of Interest Code. 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 Councilmembers 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 Councilmembers, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The increase and extension of the Lateral Incentive Pay for New Lateral Peace Officer Hires, Relocation Allowance for Executives, Senior Managers and Hard to Fill Classifications, and the first amendment to the IAFF MOU amending the medical benefit plans for calendar year 2023, are expected to be funded by other expenditure savings. Item 5.5 – Staff Report – Revised 11/4/2022 2022/11/08 City Council Post Agenda Page 123 of 719 P a g e | 9 The reorganization of the Community Services Department positions to the Public Works Department has no fiscal impact to the General Fund. The reorganization of the positions currently budgeted in the City Jail fund to the Police Department will result in a fiscal impact to the General Fund of $1,146,658, the budgetary adjustment is reflected in the First Quarter Report. There is a net impact to the General Fund and other funds as identified in the table below. Staff is requesting the proposed budgetary adjustments of $1,184,139 to be offset with increased revenues. ONGOING FISCAL IMPACT Any future impacts from the reorganization of the City Jail fund to the Police Department will be addressed during the annual budget process. Ongoing salary costs will be incorporated into subsequent fiscal year budgets. The estimated fiscal impact in the General Fund and other funds is reflected in the table below: ATTACHMENTS 1. Amended Compensation Summary for Executive Management, Senior Management, Unclassified Middle Management/Professional, Confidential Middle Management/Professional, Unclassified Confidential, Confidential Classified, Mayor, Council, City Attorney and Unclassified Hourly Employees for Fiscal Year 2021-2022, 2022-2023 and 2023-2024 2. Human Resources Policy 219 – Relocation Allowance 3. IAFF RMT Joinder Agreement 4. First Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180 covering the period of July 1, 2022, to December 31, 2024 5. Revised Fiscal Year 2022-2023 Compensation Schedule effective November 18, 2022 6. Revised appendix to the Conflict of Interest Code and Resolution PERSONNEL TRANSFERS TOTAL OTHER PROPERTY TAX TRANSFER TOTAL SERVICES OUT EXPENSE REVENUE IN LIEU OF VLF IN REVENUE NET COST General Fund 757,024$ 23,284$ 780,308$ -$ (750,828)$ (29,480)$ (780,308)$ -$ Central Garage Fund 74,784 - 74,784 (74,784) (74,784) - Development Services Fund (29,480) 29,480 - - - Federal Grants 68,361 - 68,361 (68,361) (68,361) - Housing Authority Fund 260,686 - 260,686 (237,402) (23,284) (260,686) - TOTAL OTHER FUNDS 1,131,375$ 52,764$ 1,184,139$ (380,547)$ (52,764)$ (1,184,139)$ -$ FUND Item 5.5 – Staff Report – Revised 11/4/2022 2022/11/08 City Council Post Agenda Page 124 of 719 P a g e | 10 7. Stacey Kurz Resume Staff Contact: Courtney Chase, Director of Human Resources/Risk Management Item 5.5 – Staff Report – Revised 11/4/2022 2022/11/08 City Council Post Agenda Page 125 of 719 Page 1 of 38 COMPENSATION SUMMARY FOR EXECUTIVE MANAGEMENT, SENIOR MANAGEMENT, UNCLASSIFIED MIDDLE MANAGEMENT/PROFESSIONAL, CONFIDENTIAL MIDDLE MANAGEMENT/PROFESSIONAL, UNCLASSIFIED CONFIDENTIAL, CONFIDENTIAL CLASSIFIED, MAYOR, COUNCIL, CITY ATTORNEY AND UNCLASSIFIED HOURLY EMPLOYEES FISCAL YEARS 2021-2022, 2022-2023, 2023-2024 I. EXECUTIVE MANAGEMENT GROUP (ALL EMPLOYEES PROVIDED FOR IN THIS GROUP ARE FLSA-EXEMPT) A. SALARY & WAGES 1. FY 21/22 – 2% salary adjustment 2. FY 22/23 – 3% salary adjustment 3. FY 23/24 – 3% salary adjustment 4. Equity Adjustments – Equity adjustments will be phased in over three years for positions identified as below market. 5. Executive Managers employed on July 2, 2021 shall receive a one-time Non- PERSable $2,000 Stipend in conjunction with the above FY/21-22 salary adjustment. This premium pay stipend (also called “Essential Worker Premium”) is being paid in response to the American Recovery Plan Act of 2021, where the Federal Government has allowed local fiscal recovery funds to be utilized “(B) to respond to workers performing essential work during the COVID–19 public health emergency by providing premium pay to eligible workers … that are performing such essential work…” (https://www.congress.gov/bill/117th-congress/house- bill/1319/text#toc-HA2014788068F45DFB8DF03D5E72AFEE7). 6. COVID Vaccination Wellness Incentive: a. Executive Managers employees who have provided proof of COVID Vaccination (two shots for Moderna or Pfizer or one shot for Johnson & Johnson) will be eligible for a $3,000 wellness incentive to be paid the paycheck of July 20, 2022. b. To be eligible for this incentive Executive Managers must be employed by the City on July 1, 2022 and be in an active status on July 20, 2022. c. Executive Managers that have not provided proof of vaccination by July 1, 2022 shall not be eligible for this incentive. d. Executive Managers who are employed by the City on July 1, 2022 and have not provided vaccination documentation will be eligible for 40 hours of COVID-19 Leave as an alternative wellness incentive if they test positive for COVID-19 and are unable to perform their regular duties. This leave may not be cashed out. This paragraph (and leave) will expire on December 31, 2022. 2022/11/08 City Council Post Agenda Page 126 of 719 Page 2 of 38 B. BENEFITS 1. Deferred Compensation Plan 457 plan - Employees in the Executive Group may participate in the City's approved deferred compensation plans. 2. Cafeteria Plan a. In calendar year 2021, Executive Managers will receive $17,948 annually to be used for the purchase of approved employee benefits through the City’s cafeteria plan or to be placed in a taxable cash option. The maximum taxable option shall be $8,000. b. In the event of increases in health care plan premiums, the City will split the cost of the increase 50/50 with the employees. The annual cafeteria plan benefit allotment will be increased by one-half of the average cost increase for full family non-indemnity health plan premiums. The City's share of the increased cost will be added to the beginning cafeteria plan balance of the next available cafeteria plan year. c. From the annual Cafeteria Plan allotment, each employee must elect medical coverage under one of the City sponsored plans, unless the em ployee has group medical insurance from another source including coverage under their City employee spouse’s plan in which case they may waive coverage so long as the alternative plan is deemed to be an acceptable plan by the City. When waiving coverage, the full value of the Cafeteria Plan allotment will be available to purchase any of the other options available under the Cafeteria Plan. Waiver of coverage is irrevocable during a plan year unless the City is notified within 30 days that the employee has involuntarily lost the alternative coverage. d. The Flex Benefit Amount for Employee Only, those with coverage outside of the City, and those employees covered by another City Employee is fixed at the amount provided in the calendar year 2013 ($15,162). The flex amount for Employee+1 and Employee+Family will be adjusted under the current 50/50 cost sharing formula. 3. Short/Long Term Disability Insurance The City will pay the full cost of the short/long-term disability insurance premium for Executive Managers. 4. Retiree Healthcare The City will no longer provide for subsidized retiree health care rates by offering a blended healthcare rate for employees hired after January 1, 2011. 5. Post Employment Health Plan Employees may participate in an Insurance Premium Reimbursement Account (106 Plan) Post Employment Health Plan (PEHP), subject to the terms of the PEHP document, be solely funded with mandatory Eligible Employee contributions as specifically determined by the employee group. Those employees not wishing 2022/11/08 City Council Post Agenda Page 127 of 719 Page 3 of 38 to participate may sell back up to 100% of vacation (annual leave) the last full pay period of employment prior to retirement. No City funds shall be used to maintain or fund this plan. Employees are fully re sponsible for meeting all funding requirements. Employees are further solely responsible for any and all tax consequences related to the 106/PEHP plan. 6. Life Insurance City pays for a Group Term Life and AD&D insurance policy with coverage in the amount of $50,000 per employee. 7. Retirement The City will provide to unrepresented members retirement benefits via contract with the California Public Employees Retirement System (CalPERS) as set forth in the California Government Code. The City will provide the following defined benefit formulas: Tier 1 Local Miscellaneous 3% @ 60 Local Safety 3% @ 50 Tier 2* Local Miscellaneous 2% @ 60 Local Safety 3% @ 55 Tier 3** Local Miscellaneous 2% @ 62 Local Safety 2.7% @ 57 * Effective 04/22/2011 ** Effective 01/01/2013 Tier 1: Local Miscellaneous 3% @ 60 and Local Safety 3% @ 50 Pension Contributions: PEPRA provides that equal sharing of normal costs shall be the standard. To reach that standard, Tier 1 Employees will continue to make the required employee contribution (with no EPMC) of 8% for Local Miscellaneous and 9% for Local Safety, but will also contribute the following amounts to the employer’s side (pursuant to Government Code (GC) section 20516) to reach the CalPERS standard of equal sharing of normal costs. Local Miscellaneous unrepresented employees in Tier 1 shall also contribute the amount necessary to the employer’s side (GC 20516) so that equal sharing of normal costs is reached. Local Safety unrepresented employees in Tier 1 shall also contribute an additional 4.5% to the Employer’s share for FY 22-23. This contribution shall increase 0.5% each year until 50% equal sharing of normal costs is reached. 2022/11/08 City Council Post Agenda Page 128 of 719 Page 4 of 38 The following is a summary of Tier 1 CalPERS contract provisions: A. One-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit Tier 2: Local Miscellaneous 2% @ 60 and Local Safety 3% @ 55 Pension Contributions: PEPRA provides that equal sharing of normal costs shall be the standard. To meet that standard, Employees will continue to make the required employee contribution (with no EPMC) of 7% for Local Miscellaneous and 9% for Local Safety, but will also contribute to the employer’s side (Government Code (GC) section 20516) to reach the CalPERS standard of equal sharing of normal costs. Accordingly, Tier 2 employees shall make the following pension contributions. Local Miscellaneous unrepresented employees in Tier 2 shall also contribute the amount necessary to the employer’s side (GC 20516) so that equal sharing normal costs until of normal cost is reached. Local Safety unrepresented employees in Tier 2 shall also contribute an additional 4.5% to the Employer’s share for FY 22-23. This contribution shall increase 0.5% each year until 50% equal sharing of normal costs is reached. The following is a summary of Tier 2 CalPERS contract provisions: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit 2022/11/08 City Council Post Agenda Page 129 of 719 Page 5 of 38 Tier 3: Local Miscellaneous 2% @ 62 and Local Safety 2.7% @ 57 Local Miscellaneous and Local Safety unrepresented employees in Tier 3 shall be responsible for the full employee contribution which will be applied to the CalPERS employee contribution. There shall be no EPMC. PEPRA provides that equal sharing of the normal costs shall be the standard. To meet this standard, Tier 3 employees shall also make additional contributions on the employer’s side (GC 20516) to attain the equal cost sharing of normal costs standard. To the extent permitted by Assembly Bill 340 , known as the California Public Employees’ Pension Reform Act of 2013, the following is a summary of Tier 3 benefits: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. The monthly member cost for this benefit will be paid by the City. E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit 8. Termination of Sick Leave Balances Upon either acceptance of an application by a Safety employee for disability retirement, or upon the independent determination of CalPERS that a non -safety employee is disabled, the employee shall not be entitled to use any remaining sick leave to cover absences beyond their FMLA entitlement. Sick leave balances may be applied to applicable CalPERS service credit. An application for industrial disability retirement, either employee or employer initiated, shall not affect the employee's rights under Workers Compensation laws, such as any otherwise existing right to Temporary Disability benefits for safety officers. 9. Sick Leave Sick leave shall accrue as designated in the Civil Service Rules and, if eligible, be reimbursed via an irrevocable election consistent with IRS regulations. 10. Annual Leave a. Executive Managers shall earn five weeks (25 days) annual leave per fiscal year accrued at 7.69 hours per pay period. An employee may not accumulate more than three times the number of annual leave days accrued annually. b. Executive Managers will have the option of selling back three (3) weeks accrued annual leave each calendar year via irrevocable election consistent with IRS regulations. Additional sell back may be allowed at the discretion of the City Manager during the irrevocable election period. 2022/11/08 City Council Post Agenda Page 130 of 719 Page 6 of 38 11. Holidays a. Executive Managers will be credited 24 hours each fiscal year for floating holidays (Lincoln's and Washington's Birthdays, and Admission Day). b. Executive Managers shall also be allotted eight (8) additional hours of floating holiday per year for Fiscal Years 2021-2022, 2022-2023, and 2023-2024. The eight (8) hours may be taken in the same manner as vacation leave. The eight (8) hours must be used in its respective fiscal year, may not be carried over to the next fiscal year, and may not be cashed out. c. The City will be closed on the following hard holidays: Independence Day, Labor Day, Veterans Day, Thanksgiving, the day after Thanks giving, Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, Cesar Chavez Day, Memorial Day and Juneteenth. 12. Administrative Leave Executive Managers will receive ninety-six (96) hours of Administrative Leave each fiscal year. 13. Mileage Reimbursement Employees in this unit shall be subject to a mileage reimbursement program when required to use their private automobile for authorized City business. Reimbursement rate will be tied to the IRS rate, in effect at the time reimbursement is requested, as permitted by law. 14. Cell Phone Allowance Executive Managers may elect to receive a cell phone allowance of up to $100 per month. 15. Severance Pay In the event an Executive Manager is terminated without cause, he or she shall receive compensation in a lump sum cash payment equal to nine (9) months of his or her annual salary and health insurance payments. The aforementioned severance pay shall not be reduced during the term of their employment. Notwithstanding the aforementioned severance terms, if an Executive Manager has an employment contract their severance payment shall be as set forth in their employment contract/offer letter. 16. Special Assignment Pay Executive Managers may receive up to 10% additional compensation when assigned by the City Manager to a special project. 17. Acting Pay Executive Managers shall receive Acting Pay when: a. They are temporarily assigned to a vacant position for a period of ten (10) or more consecutive work days; b. Perform the duties of a higher paid classification; and c. Receive prior approval by the City Manager or his or her designee prior to the assignment. 2022/11/08 City Council Post Agenda Page 131 of 719 Page 7 of 38 Acting pay shall be: a. Compensated with a minimum of five percent (5%) above current salary rate, up to a maximum of 20%. b. Effective the first day of the assignment. 18. Out of Class Assignment a. Executive Managers shall receive Out of Class Assignment (OCA) pay when: They are assigned to perform the duties of a higher paid classification for a period of ten (10) or more consecutive workdays; and b. Receive prior approval by the City Manager or his or her designee prior to the assignment. Out-of-Class Assignment pay shall: a. Be compensated with a minimum of five percent (5%) above current salary rate, up to a maximum of 20%. b. Be effective the first day of the assignment. c. Not exceed twelve months. Note: For clarification, OCA is differentiated from Acting Pay in that OCA is granted to an employee remaining in their current classification but performing higher level duties even though no vacancy may exist at the higher level. Acting Pay is granted to employees assuming the duties of a vacant, higher level position for a period of time. 19. Educational and Uniform Allowances The Chief of Police and Fire Chief will be provided with the uniform allowance and educational differentials as specified in the POA and IAFF MOUs respectively. In addition, the Chief of Police will be provided $1,200 per month for a POST Management Certificate or higher. This educational differential is not cumulative with the educational differential specified in the POA MOU. 20. Response Away from Official Duty Station and Assigned to an Emergency Incident The Fire Chief shall receive portal-to-portal time-and-a-half overtime when assigned to a fully reimbursable aid assignment. (Remainder of page intentionally left blank.) 2022/11/08 City Council Post Agenda Page 132 of 719 Page 8 of 38 II. SENIOR MANAGEMENT GROUP (ALL EMPLOYEES PROVIDED FOR IN THIS GROUP ARE FLSA-EXEMPT) A. SALARY & WAGES 1. FY 21/22 – 2% salary adjustment 2. FY 22/23 – 3% salary adjustment 3. FY 23/24 – 3% salary adjustment 4. Equity Adjustments – Equity adjustments may be made each fiscal year for positions identified as below market. 5. Senior Managers employed on July 2, 2021 shall receive a one-time Non- PERSable $2,000 Stipend in conjunction with the above FY/21-22 salary adjustment. This premium pay stipend (also called “Essential Worker Premium”) is being paid in response to the American Recovery Plan Act of 2021, where the Federal Government has allowed local fiscal recovery funds to be utilized “(B) to respond to workers performing essential work during the COVID–19 public health emergency by providing premium pay to eligible workers … that are performing such essential work…” (https://www.congress.gov/bill/117th-congress/house- bill/1319/text#toc-HA2014788068F45DFB8DF03D5E72AFEE7) 6. COVID Vaccination Wellness Incentive: a. Senior Managers employees who have provided proof of COVID Vaccination (two shots for Moderna or Pfizer or one shot for Johnson & Johnson) will be eligible for a $3,000 wellness incentive to be paid the paycheck of July 20, 2022. b. To be eligible for this incentive Senior Managers must be employed by the City on July 1, 2022 and be in an active status on July 20, 2022. c. Senior Managers that have not provided proof of vaccination by July 1, 2022 shall not be eligible for this incentive. d. Senior Managers who are employed by the City on July 1, 2022 and have not provided vaccination documentation will be eligible for 40 hours of COVID-19 Leave as an alternative wellness incentive if they test positive for COVID-19 and are unable to perform their regular duties. This leave may not be cashed out. This paragraph (and leave) will expire on December 31, 2022. B. BENEFITS 1. Deferred Compensation Plan 457 Plan - Employees in the Senior Management Group may participate in the City's approved deferred compensation plans. 2022/11/08 City Council Post Agenda Page 133 of 719 Page 9 of 38 2. Cafeteria Plan a. In calendar year 2021, Senior Managers will receive $16,548 annually to be used for the purchase of approved employee benefits or to be placed in a taxable cash option. The maximum taxable option shall be $7,000. b. In the event of increases in health care plan premiums, the City will split the cost of the increase 50/50 with the employees. The annual cafeteria plan allotment will be increased by one-half of the average cost increase for full family non-indemnity health plan premiums. The City's share of the increased cost will be added to the beginning cafeteria plan balance of the next available cafeteria plan year. c. From the annual Cafeteria Plan allotment, each employee must elect medical coverage under one of the City sponsored plans, unless the employee has group medical insurance from another source including coverage under their City employee spouse’s plan in which case they may waive coverage so long as the alternative plan is deemed to be an acceptable plan by the City. When waiving coverage the full value of the Cafeteria Plan allotment will be available to purchase any of the other options available under the Cafeteria Plan. Waiver of coverage is irrevocable during a plan year unless the City is notified within 30 days that the employee has involuntarily lost the alternative coverage. d. The Flex Benefit Amount for Employee Only, those with coverage outside of the City, and those employees covered by another City Employee is fixed at the amount provided in the calendar year 2013 ($13,762). The flex amount for Employee+1 and Employee+Family will be adjusted under the current 50/50 cost sharing formula. 3. Short/Long Term Disability Insurance The City will pay the full cost of the short/long-term disability insurance premium for Senior Managers. 4. Retiree Healthcare The City will no longer provide for subsidized retiree health care rates by offering a blended healthcare rate for employees hired after January 1, 2011. 5. Post Employment Health Plan Employees may participate in an Insurance Premium Reimbursement Account (106 Plan) Post Employment Health Plan (PEHP), subject to the terms of the PEHP document, be solely funded with mandatory Eligible Employee contributions as specifically determined by the employee group. Those employees not wishing to participate may sell back up to 100% of vacation (annual leave) the last full pay period of employment prior to retirement. No City funds shall be used to maintain or fund this plan. Employees are fully re sponsible for meeting all funding requirements. Employees are further solely responsible for any and all tax consequences related to the 106/PEHP plan. 2022/11/08 City Council Post Agenda Page 134 of 719 Page 10 of 38 6. Life Insurance City pays for a Group Term Life and AD&D insurance policy with coverage in the amount of $50,000 per employee. 7. Retirement The City will provide to unrepresented members retirement benefits via contract with the California Public Employees Retirement System (CalPERS) as set forth in the California Government Code. The City will provide the following defined benefit formulas: Tier 1 Local Miscellaneous 3% @ 60 Local Safety 3% @ 50 Tier 2* Local Miscellaneous 2% @ 60 Local Safety 3% @ 55 Tier 3** Local Miscellaneous 2% @ 62 Local Safety 2.7% @ 57 * Effective 04/22/2011 **Effective 01/01/2013 Tier 1: Local Miscellaneous 3% @ 60 and Local Safety 3% @ 50 Pension Contributions: PEPRA provides that equal sharing of normal costs shall be the standard. To reach that standard, Tier 1 Employees will continue to make the required employee contribution (with no EPMC) of 8% for Local Miscellaneous and 9% for Local Safety, but will also contribute the following amounts to the employer’s side (pursuant to Government Code (GC) section 20516) to reach the CalPERS standard of equal sharing of normal costs. Local Miscellaneous unrepresented employees in Tier 1 shall also contribute the amount necessary to the employer’s side (GC 20516) so that equal sharing of normal costs is reached. Local Safety unrepresented employees in Tier 1 shall also con tribute an additional 4.5% to the Employer’s share for FY 22-23. This contribution shall increase 0.5% each year until 50% equal sharing of normal costs is reached. The following is a summary of Tier 1 CalPERS contract provisions: A. One-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance 2022/11/08 City Council Post Agenda Page 135 of 719 Page 11 of 38 H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit Tier 2: Local Miscellaneous 2% @ 60 and Local Safety 3% @ 55 Pension Contributions: PEPRA provides that equal sharing of normal costs shall be the standard. To meet that standard, Employee s will continue to make the required employee contribution (with no EPMC) of 7% for Local Miscellaneous and 9% for Local Safety, but will also contribute to the employer’s side (Government Code (GC) section 20516) to reach the CalPERS standard of equal sha ring of normal costs. Accordingly, Tier 2 employees shall make the following pension contributions. Local Miscellaneous unrepresented employees in Tier 2 shall also contribute the amount necessary to the employer’s side (GC 20516) so that equal sharing normal costs until of normal cost is reached. Local Safety unrepresented employees in Tier 2 shall also contribute an additional 4.5% to the Employer’s share for FY 22-23. This contribution shall increase 0.5% each year until 50% equal sharing of normal costs is reached. The following is a summary of Tier 2 CalPERS contract provisions: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 Prior Service Credit Tier 3: Local Miscellaneous 2% @ 62 and Local Safety 2.7% @ 57 Local Miscellaneous and Local Safety unrepresented employees in Tier 3 shall be responsible for the full employee contribution which will be applied to the CalPERS employee contribution. There shall be no EPMC. PEPRA provides that equal sharing of the normal costs shall be the standard. To meet this standard, Tier 3 employees shall also make additional contributions on the employer’s side (GC 20516) to attain the equal cost sharing of normal costs standard. 2022/11/08 City Council Post Agenda Page 136 of 719 Page 12 of 38 To the extent permitted by Assembly Bill 3 40, known as the California Public Employees’ Pension Reform Act of 2013, the following is a summary of Tier 3 benefits: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. The monthly member cost for this benefit will be paid by the City. E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit 8. Termination of Sick Leave Balances Upon either acceptance of an application by a Safety employee for disability retirement, or upon the independent determination of PERS that a non -safety employee is disabled, the employee shall not be entitled to use any remaining sick leave to cover absences beyond their FMLA entitlement. Sick leave balance may be applied to applicable PERS service credit. An application for industrial disability retirement, either employee or employer initiated, sha ll not affect the employee's rights under Workers Compensation laws, such as any otherwise existing right to Temporary Disability benefits for safety officers. 9. Sick Leave Sick leave shall accrue as designated in the Civil Service Rules and, if eligible, be reimbursed via an irrevocable election consistent with IRS regulations. 10. Annual Leave a. Senior Managers shall earn a minimum of three weeks (15 days) annual leave per year during the first through ninth year of continuous service, four weeks (20 days) annual leave after completion of tenth through fourteenth year of continuous service, and five weeks (25 days) annual leave for fifteen or more years of continuous service. An employee may not accumulate more than three times the number of annual leave days accrued annually. b. Senior Managers have the option of selling back three (3) weeks of accrued annual leave each calendar year via irrevocable election consistent with IRS regulations. 11. Holidays a. Senior Managers will be credited 24 hours each fiscal year for floating holidays (Lincoln's and Washington's Birthdays, and Admission Day). b. Senior Managers shall also be allotted eight (8) additional hours of floating holiday per year for Fiscal Years 2021-2022, 2022-2023, and 2023-2024 . The eight (8) hours may be taken in the same manner as vacation leave. The eight 2022/11/08 City Council Post Agenda Page 137 of 719 Page 13 of 38 (8) hours must be used in its respective fiscal year, may not be carried over to the next fiscal year, and may not be cashed out. c. The City will be closed on the following hard holidays: Independence Day, Labor Day, Veterans Day, Thanksgiving, day after Thanksgiving, Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, Cesar Chavez Day, Memorial Day, Juneteenth. 12. Mileage Reimbursement Employees in this unit shall be subject to a mileage reimbursement program when required to use their private automobile for authorized City business. Reimbursement rate will be tied to the IRS rate, in effect at the time reimbursement is requested, as permitted by law. 13. Cell Phone Allowance Senior Managers may elect to receive a cell phone allowance of up to $100 per month. 14. Administrative Leave Senior Managers will receive (ninety-six) (96) hours of Administrative Leave each fiscal year. 15. Special Assignment Pay Senior Managers may receive up to 10% additional compensation when assigned by the City Manager to a special project. 16. Acting Pay Senior Managers shall receive Acting Pay when: d. They are temporarily assigned to a vacant position for a period of ten (10) or more consecutive work days; e. Perform the duties of a higher paid classification; and f. Receive prior approval by the City Manager or his or her designee prior to the assignment. Acting pay shall be: c. Compensated with a minimum of five percent (5%) above current salary rate, up to a maximum of 20%. d. Effective the first day of the assignment. 17. Out of Class Assignment c. Senior Managers shall receive Out of Class Assignment (OCA) pay when: They are assigned to perform the duties of a higher paid classification for a period of ten (10) or more consecutive workdays; and d. Receive prior approval by the City Manager or his or her designee prior to the assignment. 2022/11/08 City Council Post Agenda Page 138 of 719 Page 14 of 38 Out-of-Class Assignment pay shall: d. Be compensated with a minimum of five percent (5%) above current salary rate, up to a maximum of 20%. e. Be effective the first day of the assignment. f. Not exceed twelve months. Note: For clarification, OCA is differentiated from Acting Pay in that OCA is granted to an employee remaining in their current classification but performing higher level duties even though no vacancy may exist at the higher level. Acting Pay is granted to employees assuming the duties of a vacant, higher level position for a period of time. 18. Uniform Allowances and Educational Differentials Sworn public safety Senior Managers will be provided with the uniform allowance and educational differentials as specified in the applicable public safety MOU. 19. Professional Enrichment Senior Managers are eligible to participate in the City’s Professional Enrichment Program. The annual Professional Enrichment allocation for Senior Managers of $25,000 is for exclusive use by members of the Senior Management group for conferences and training. An employee is eligible to receive up to $2,500 per fiscal year for professional enrichment. Funds may be used at any time during the fiscal year. Fiscal year reimbursements under the City’s “Professional Enrichment” will be closed the second Thursday in June. Employees may request reimbursement for professional enrichment expenses in accordance with Internal Revenue Code Section 132, or any other applicable state and federal law. Employe es must receive approval from their Appointing Authority and the City Manager’s designee before funds may be claimed for reimbursement. Reimbursements are on a first come, first serve basis until the funds have been exhausted. 20. Severance Pay In the event a Senior Manager is terminated without cause, he or she shall receive compensation in a lump sum cash payment equal to three (3) months of his or her annual salary. The aforementioned severance pay shall not be reduced during the term of their employment. 21. Longevity Pay Police Captains shall receive longevity pay in the form of a 5% increase in their base pay when they have served twenty-five (25) or more complete years of full- time, sworn service with the Chula Vista Police Department. 22. Response Away from Official Duty Station and Assigned to an Emergency Incident The Deputy Fire Chief and shall receive portal-to-portal time-and-a-half overtime when assigned to a fully reimbursable aid assignment. 2022/11/08 City Council Post Agenda Page 139 of 719 Page 15 of 38 (Remainder of page intentionally left blank.) 2022/11/08 City Council Post Agenda Page 140 of 719 Page 16 of 38 III. UNCLASSIFIED AND CONFIDENTIAL MIDDLE M ANAGEMENT/PROFESSIONAL GROUP – ALL EMPLOYEES PROVIDED FOR IN THIS GROUP ARE FLSA -EXEMPT; CONFIDENTIAL MIDDLE MANAGERS/PROFESSIONALS ARE CLASSIFIED UNREPRESENTED EMPLOYEES UNLESS OTHERWISE NOTED IN ATTACHMENT 1 – GROUP MEMBERSHIP LISTING. A. SALARY & WAGES 1. FY 21/22 – i. 2% salary adjustment the first full pay period of July 2021 ii. 0.98% (for a total of 3% for FY 21/22) or equity adjustments identified for those below market plus 3%. 2. FY 22/23 – 2% salary adjustment the first full pay period of January 2023 . 3. FY 23/24 – 3% salary adjustment the first full pay period of January 2024. 4. Unclassified and Confidential Middle Management/Professional employees employed on July 2, 2021 shall receive a one-time Non-PERSable $2,000 Stipend in conjunction with the above FY/21-22 salary adjustment. This premium pay stipend (also called “Essential Worker Premium”) is being paid in response to the American Recovery Plan Act of 2021, where the Federal Government has allowed local fiscal recovery funds to be utilized “(B) to respond to workers performing essential work during the COVID–19 public health emergency by providing premium pay to eligible workers … that are performing such essential work…” (https://www.congress.gov/bill/117th- congress/house-bill/1319/text#toc- HA2014788068F45DFB8DF03D5E72AFEE7) ) * Salary adjustments and stipend for employees in position titles with a represented counterpart will receive a salary adjustment and Stipend equal to that of their represented counterpart. 5. COVID Vaccination Wellness Incentive: i. Unclassified and Confidential Middle Management/Professional employees who have provided proof of COVID Vaccination (two shots for Moderna or Pfizer or one shot for Johnson & Johnson) will be eligible for a $3,000 wellness incentive to be paid the beginning of the pay period after adoption by the City Council. ii. To be eligible for this incentive employees must be employed by the City in a MM/PR represented position on or before April 21, 2022 and be in an active status on May 12, 2022. iii. Employees that have not provided proof of vaccination by May 5, 2022 shall not be eligible for this incentive. iv. All employees who are employed by the City on April 21, 2022 and have not provided vaccination documentation will be eligible for 40 hours of COVID-19 Leave as an alternative wellness incentive if they test positive for COVID-19 and are unable to perform their regular 2022/11/08 City Council Post Agenda Page 141 of 719 Page 17 of 38 duties. This leave may not be cashed out. This paragraph (and leave) will expire on June 30, 2022. B. BENEFITS 1. Acting Pay Unclassified and Confidential Middle Managers/Professionals shall receive Acting Pay when: a. They are temporarily assigned to a vacant position for a period of ten (10) or more consecutive work days; b. Perform the duties of a higher paid classification; and c. Receive prior approval by the City Manager or his or her designee prior to the assignment. Acting pay shall be: a. Compensated with a minimum of five percent (5%) above current salary rate, up to a maximum of 20%. b. Effective the first day of the assignment. 2. Out of Class Assignment a. Unclassified and Confidential Middle Managers/Professionals shall receive Out of Class Assignment (OCA) pay when: They are assigned to perform the duties of a higher paid classification for a period of ten (10) or more consecutive workdays; and b. Receive prior approval by the City Manager or his or her designee prior to the assignment. Out-of-Class Assignment pay shall: a. Be compensated with a minimum of five percent (5%) above current salary rate, up to a maximum of 20%. b. Be effective the first day of the assignment. c. Not exceed twelve months. Note: For clarification, OCA is differentiated from Acting Pay in that OCA is granted to an employee remaining in their current classification but performing higher level duties even though no vacancy may exist at the higher level. Acting Pay is granted to employees assuming the duties of a vacant, higher level position for a period of time. 3. Retirement The City will provide to unrepresented members retirement benefits via contract with the California Public Employees Retirement System (CalPERS) as set forth in the California Government Code. The City will provide the following defined benefit formulas: Tier 1 Local Miscellaneous 3% @ 60 Local Safety 3% @ 50 2022/11/08 City Council Post Agenda Page 142 of 719 Page 18 of 38 Tier 2* Local Miscellaneous 2% @ 60 Local Safety 3% @ 55 Tier 3** Local Miscellaneous 2% @ 62 Local Safety 2.7% @ 57 * Effective 04/22/2011 **Effective 01/01/2013 Tier 1: Local Miscellaneous 3% @ 60 and Local Safety 3% @ 50 Pension Contributions: PEPRA provides that equal sharing of normal costs shall be the standard. To reach that standard, Tier 1 Employees wi ll continue to make the required employee contribution (with no EPMC) of 8% for Local Miscellaneous and 9% for Local Safety, but will also contribute the following amounts to the employer’s side (pursuant to Government Code (GC) section 20516) to reach the CalPERS standard of equal sharing of normal costs. Local Miscellaneous unrepresented employees in Tier 1 shall also contribute the amount necessary to the employer’s side (GC 20516) so that equal sharing of normal costs is reached. Local Safety unrepresented employees in Tier 1 shall also contribute an additional 4.5% to the Employer’s share for FY 22-23. This contribution shall increase 0.5% each year until 50% equal sharing of normal costs is reached. The following is a summary of Tier 1 CalPERS contract provisions: A. One-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit Tier 2: Local Miscellaneous 2% @ 60 and Local Safety 3% @ 55 Pension Contributions: PEPRA provides that equal sharing of normal costs shall be the standard. To meet that standard, Employees will continue to make the required employee contribution (with no EPMC) of 7% for Local Miscellaneous and 9% for Local Safety, but will also contribute to the employer’s side (Government Code (GC) section 20516) to reach the CalPERS standard of equal sharing of normal costs. Accordingly, Tier 2 employees shall make the following pension contributions. 2022/11/08 City Council Post Agenda Page 143 of 719 Page 19 of 38 Local Miscellaneous unrepresented employees in Tier 2 shall also contribute the amount necessary to the employer’s side (GC 20516) so that equal sharing normal costs until of normal cost is reached. Local Safety unrepresented employees in Tier 2 shall also contribute an additional 4.5% to the Employer’s share for FY 22-23. This contribution shall increase 0.5% each year until 50% equal sharing of normal costs is reached. The following is a summary of Tier 2 CalPERS contract provisions: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit Tier 3: Local Miscellaneous 2% @ 62 and Local Safety 2.7% @ 57 Local Miscellaneous and Local Safety unrepresented employees in Tier 3 shall be responsible for the full employee contribution which will be applied to the CalPERS employee contribution. There shall be no EPMC. PEPRA provides that equal sharing of the normal costs shall be the standard. To meet this standard, Tier 3 employees shall also make additional contributions on the employer’s side (GC 20516) to attain the equal cost sharing of normal costs standard. To the extent permitted by Assembly Bill 340 , known as the California Public Employees’ Pension Reform Act of 2013, the following is a summary of Tier 3 benefits: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. The monthly member cost for this benefit will be paid by the City. E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit 2022/11/08 City Council Post Agenda Page 144 of 719 Page 20 of 38 4. Termination of Sick Leave Balances Upon either acceptance of an application by a Safety employee for disability retirement, or upon the independent determination of PERS that a non -safety employee is disabled, the employee shall not be entitled to use any remaining sick leave to cover absences beyond their FMLA entitlement. Sick leave balance may be applied to applicable PERS service credit. An application for industrial disability retirement, either employee or employer initiated, shall not affect the employee's rights under Workers Compensation laws, such as any otherwise existing right to Temporary Disability benefits for safety officers. 5. Post Employment Health Plan Employees may participate in an Insurance Premium Reimbursement Account (106 Plan) Post Employment Health Plan (PEHP), subject to the terms of the PEHP document, be solely funded with mandatory Eligible Employee contributions as specifically determined by the employee group. Those employees not wishing to participate may sell back up to 100% of vacation (annual leave) the last full pay period of employment prior to retirement. No City funds shall be used to maintain or fund this plan. Employees are fully responsible for meeting all funding requirements. Employees are further solely responsible for any and all tax consequences related to the 106/PEHP plan. 6. 457 Plan – Deferred Compensation Plans Employees in the Unclassified and Confidential Middle Management/Professional Group may participate in the City's approved deferred compensation plans. 7. Cafeteria Plan a. In calendar year 2021, each Unclassified and Confidential Middle Management/Professional employee will receive $16,048 to be used solely for approved employee benefits. b. Employees hired by the City into a permanent benefited position on or before December 31, 2018 may allocate a portion of their Cafeteria Plan Allotment to a taxable cash payment. These payments will be paid to employees on a pro - rata accrual the first two pay checks of each month (24 times per calendar year). The maximum taxable cash option for will be $9,600. c. Employees hired by the City into a permanent benefited position on or after January 1, 2019 shall have no cash out. d. In the event of increases in health care plan premiums, the City will split the cost of the increase 50/50 with the employees. The annual cafeteria plan allotment will be increased by one-half of the average cost increase for full family non- non-indemnity health plan premiums. The City's share of the increased cost will be added to the beginning cafeteria plan balance of the next available cafeteria plan year. e. From the Cafeteria Plan allotment, each represented employee must select coverage for him or herself under one of the City sponsored medical plans. However, if the employee has group medical insurance from another reliable 2022/11/08 City Council Post Agenda Page 145 of 719 Page 21 of 38 source that is acceptable to the City of Chula Vista Department of Human Resources, the employee may elect to decline medical insurance from a City provider and apply the value, of the City’s “Flexible Benefit Plan” contribution to other available City Flex options. Any employee married to another benefited City employee who is covered under his or her spouse’s plan may waive coverage under the Cafeteria Plan and will receive full credit. Any employee who declines medical insurance coverage may enroll in the City medical plan prior to the next open enrollment only if the employee involuntarily loses the coverage. Enrollment application must be received in Human Resources within 30 days from loss of coverage. The employee, through payroll deductions, will pay any premium cost in excess of the Cafeteria Plan Allotment. f. The Flex Benefit Amount for Employee Only, those with coverage outside of the City, and those employees covered by another City Employee is fixed at the amount provided in the calendar year 2013 ($12,762). The flex amount for Employee+1 and Employee+Family will be adjusted under the current 50/50 cost sharing formula. For calendar year 2020, the flex amount for Employee+1 and Employee+Family will be adjusted to $15,490. 8. Life Insurance City pays for a group term life insurance policy with coverage in the amount of $50,000 per employee. 9. Retiree Healthcare The City will no longer provide for subsidized retiree health care rates by offering a blended healthcare rate for employees hired after January 1, 2011. 10. Short/Long Term Disab ility Insurance The City will pay the full cost of the short/long -term disability insurance premium for middle management positions. 11. Professional Enrichment The Unclassified and Confidential Middle Managers/Professionals are eligible to participate in the City’s Professional Enrichment Program. The annual Professional Enrichment Fund allocation for Unclassified and Confidential Professional Enrichment Fund of $32,500 is for exclusive use by members of the Unclassified and Confidential Middle Management/Professional group for conferences and training. An employee is eligible to receive up to $2,000 per fiscal year for professional enrichment. Funds may be used at any time during the fiscal year. Fiscal year reimbursements under the City’s “Professional Enrichment” will be closed the second Thursday in June. Employees may request reimbursement for professional enrichment expenses in accordance with Internal Revenue Code Section 132, or any other applicable state and federal law. Employees must receive approval from their Appointing Authority and the City Manager’s designee before funds may be claimed for reimbursement. Reimbursements are on a first come, first serve basis until the funds have been exhausted. 2022/11/08 City Council Post Agenda Page 146 of 719 Page 22 of 38 12. Sick Leave Reimbursement/Conversion Sick leave shall accrue as designated in the Civil Service Rules. Employees using thirty-two hours (32) of sick leave, or less, during the fiscal year, shall have the option of converting twenty five percent (25%) of their remaining yearly sick leave to annual leave (vacation). 13. Annual Leave a. Unclassified and Confidential Middle Management/Professional employees will earn two weeks (10 days) annual leave per year in the first through fourth year of continuous employment, three weeks (15 days) annual leave per year in the fifth through ninth year of continuous service, four weeks annual leave (20 days) per year in the tenth through fourteenth year of continuous service, and five weeks annual leave (25 days) for fifteen or more years of continuous service. An employee may not accumulate more than three times the number of annual leave days accrued annually. b. Unclassified and Confidential Middle Management/Professional employees who have completed at least five (5) years of service shall have the option of selling back a total of 104 hours of accrued annual leave two times per calendar year in 52 hour increments via irrevocable election consistent with IRS regulations. 14. Administrative Leave Unclassified and Confidential Middle Management/Professional employees will receive eighty-eighty (88) hours of Administrative Leave each fiscal year. 15. Holidays a. Unclassified and Confidential Middle Management/Professional employees will receive 24 hours each fiscal year for floating holidays (Lincoln's and Washington's Birthdays, and Admission Day). b. Unclassified and Confidential Middle Management/Professional employees shall also be allotted eight (8) additional hours of floating holiday per year for Fiscal Years 2021-2022, 2022-2023 & 2023-2024. The eight (8) hours may be taken in the same manner as vacation leave. The eight (8) hours must be used in its respective fiscal year, may not be carried over to the next fiscal year, and may not be cashed out. c. The City will be closed on the following hard holidays: Independence Day, Labor Day, Veterans Day, Thanksgiving, Day After Thanksgiving, Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, Cesar Chavez Day, Memorial Day and Juneteenth. 16. Mileage Reimbursement Unclassified and Confidential Middle Management/Professional employees shall be subject to a mileage reimbursement program when required to use their private automobile for authorized City business. Reimbursement rate will be tied to the IRS rate, in effect at the time reimbursement is requested, as permitted by law. 2022/11/08 City Council Post Agenda Page 147 of 719 Page 23 of 38 17. Uniform Allowances & Educational Differentials Sworn public safety Unclassified and Confidential Middle Management/ Professional employees will be provided with the uniform allowances and educational differentials as specified in the applicable public safet y MOU. 18. Bilingual Pay Those Unclassified and Confidential Middle Management/Professional employees who, upon recommendation of their Department Head, approval of the Director of Human Resources, and successful completion of a bilingual performance evaluation will receive $100 per month in addition to their regular pay on the condition that they continuously utilize their bilingual skills in the performance of their duties effective the first full pay period after adoption. 19. Special Assignment Pay Unclassified and Confidential Middle Management/Professional employees may receive up to 15% additional compensation when assigned by the City Manager to a special project. 20. Response Away from Official Duty Station and Assigned to an Emergency Incident The Fire Division Chief and shall receive portal-to-portal time-and-a-half overtime when assigned to a fully reimbursable aid assignment. (Remainder of page intentionally left blank.) 2022/11/08 City Council Post Agenda Page 148 of 719 Page 24 of 38 IV. CONFIDENTIAL GROUP – ARE CLASSIFIED UNREPRESENTED EMPLOYEES UNLESS OTHERWISE NOTED IN ATTACHMENT 1 – GROUP MEMBERSHIP LISTING. A. SALARY & WAGES 1. FY 21/22 – Equity adjustments to the median and 3% salary increase from FY 19/20 salaries (less any increase already provided effective July 2, 2021) effective the pay period beginning September 10, 2021 2. FY 22/23 – 2% salary adjustment 3. FY 23/24 – 3% salary adjustment 4. Equity Adjustments – Equity adjustments may be made each fiscal year for positions identified as below market. 5. Confidential employees employed on July 2, 2021 shall receive a one-time Non- PERSable $2,000 Stipend in conjunction with the above FY/21-22 salary adjustment. This premium pay stipend (also called “Essential Worker Premium”) is being paid in response to the American Recovery Plan Act of 2021, where the Federal Government has allowed local fiscal recovery funds to be utilized “(B) to respond to workers performing essential work during the COVID–19 public health emergency by providing premium pay to eligible workers … that are performing such essential work…” (https://www.congress.gov/bill/117th-congress/house- bill/1319/text#toc-HA2014788068F45DFB8DF03D5E72AFEE7). Additional one- time Non-PERSable stipends will be provided, as follows: a. $1,000 the first full pay period of July 2022 b. $500 the first full pay period of July 2023 B. BENEFITS 1. Retirement The City will provide to unrepresented members retirement benefits via contract with the California Public Employees Retirement System (CalPERS) as set forth in the California Government Code. The City will provide the following defined benefit formulas: Tier 1 Local Miscellaneous 3% @ 60 Local Safety 3% @ 50 Tier 2* Local Miscellaneous 2% @ 60 Local Safety 3% @ 55 Tier 3** Local Miscellaneous 2% @ 62 Local Safety 2.7% @ 57 2022/11/08 City Council Post Agenda Page 149 of 719 Page 25 of 38 * Effective 04/22/2011 **Effective 01/01/2013 Tier 1: Local Miscellaneous 3% @ 60 and Local Safety 3% @ 50 Pension Contributions: PEPRA provides that equal sharing of normal costs shall be the standard. To reach that standard, Tier 1 Employees will continue to make the required employee contribution (with no EPMC) of 8% for L ocal Miscellaneous and 9% for Local Safety, but will also contribute the following amounts to the employer’s side (pursuant to Government Code (GC) section 20516) to reach the CalPERS standard of equal sharing of normal costs. Local Miscellaneous unrepresented employees in Tier 1 shall also contribute the amount necessary to the employer’s side (GC 20516) so that equal sharing of normal costs is reached. Local Safety unrepresented employees in Tier 1 shall also contribute an additional 4.5% to the Employer’s share for FY 22-23. This contribution shall increase 0.5% each year until 50% equal sharing of normal costs is reached. The following is a summary of Tier 1 CalPERS contract provisions: A. One-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit Tier 2: Local Miscellaneous 2% @ 60 and Local Safety 3% @ 55 Pension Contributions: PEPRA provides that equal sharing of normal costs shall be the standard. To meet that standard, Employees will continue to make the required employee contribution (with no EPMC) of 7% for Local Miscellaneous and 9% for Local Safety, but will also contribute to the employer’s side (Government Code (GC) section 20516) to reach the CalPERS standard of equal sharing of normal costs. Accordingly, Tier 2 employees shall make the following pension contributions. Local Miscellaneous unrepresented employees in Tier 2 shall also contribute the amount necessary to the employer’s side (GC 20516) so that equal sharing normal costs until of normal cost is reached. 2022/11/08 City Council Post Agenda Page 150 of 719 Page 26 of 38  Local Safety unrepresented employees in Tier 2 shall also contribute an additional 4.5% to the Employer’s share for FY 23-23. This contribution shall increase 0.5% each year until 50% equal sharing of normal costs is reached. The following is a summary of Tier 2 CalPERS contract provisions: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit Tier 3: Local Miscellaneous 2% @ 62 and Local Safety 2.7% @ 57 Local Miscellaneous and Local Safety unrepresented employees in Tier 3 shall be responsible for the full employee contribution which will be applied to the CalPERS employee contribution. There shall be no EPMC. PEPRA provides that equal sharing of the normal costs shall be the standard. To meet this standard, Tier 3 employees shall also make additional contributions on the employer’s side (GC 20516) to attain the equal cost sharing of normal costs standard. To the extent permitted by Assembly Bill 340 , known as the California Public Employees’ Pension Reform Act of 2013, the following is a summary of Tier 3 benefits: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. The month ly member cost for this benefit will be paid by the City. E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit 2. Termination of Sick Leave Balances Upon either acceptance of an application by a Safety employee for disability retirement, or upon the independent determination of CalPERS that a non -safety employee is disabled, the employee shall not be entitled to use any remaining sick leave to cover absences beyond their FMLA entitlement. Sick leave balances ma y 2022/11/08 City Council Post Agenda Page 151 of 719 Page 27 of 38 be applied to applicable CalPERS service credit. An application for industrial disability retirement, either employee or employer initiated, shall not affect the employee's rights under Workers’ Compensation laws, such as any otherwise existing right to Temporary Disability benefits for safety officers. 3. Deferred Compensation Plans 457 Plan - Employees in the Confidential Group may participate in the City's approved deferred compensation plans. 4. Post Employment Health Plan Employees may participate in an Insurance Premium Reimbursement Account (106 Plan) Post Employment Health Plan (PEHP), subject to the terms of the PEHP document, be solely funded with mandatory Eligible Employee contributions as specifically determined by the employee group. Those employees not wishing to participate may sell back up to 100% of vacation (annual leave) the last full pay period of employment prior to retirement. No City funds shall be used to maintain or fund this plan. Employees are fully responsible for meeting all funding requirements. Employees are further solely responsible for any and all tax consequences related to the 106/PEHP plan. 5. Cafeteria Plan a. In calendar year 2021, each Confidential Employee will receive $15,172 to be used solely for approved employee benefits. b. In the event of increases in health care plan premiums, the City will split the cost of the increase 50/50 with the employees. The annual cafeteria plan allotment will be increased by one-half of the average cost increase for full family non-indemnity health plan premiums. The City's share of the increased cost will be added to the beginning cafeteria plan balance of the next available cafeteria plan year. c. From the annual Cafeteria Plan allotment, each employee must elect medical coverage under one of the City sponsored plans, unless the employee has group medical insurance from another source including coverage under their City employee spouse’s plan in which case they may waive coverage so long as the alternative plan is deemed to be an acceptable plan by the City. When waiving coverage the full value of the Cafeteria Plan allotment will be available to purchase any of the other options available under the Cafeteria Plan. Waiver of coverage is irrevocable during a plan year unless the City is notified within 30 days that the employee has involuntarily lost the alternative coverage. d. The Flex Benefit Amount for Employee Only, those with coverage outside of the City, and those employees covered by another City Employee is fixed at $13,024. The flex amount for Employee+1 and Employee+Family will be adjusted under the current 50/50 cost sharing formula. e. Employees hired into a Confidential position on or before December 31, 2017 may elect to receive up to $9,100 of unused funds as a taxable cash option. The maximum an employee can cash out each year cannot exceed the cash option that they received in the previous calendar year. 2022/11/08 City Council Post Agenda Page 152 of 719 Page 28 of 38 f. Employees hired into a Confidential position on or after January 1, 2018 shall not cash out unused cafeteria plan funds. 6. Short/Long Term Disability Insurance The City will pay the full cost of the short/long-term disability insurance premium for the Confidential employees. 7. Retiree Healthcare The City will no longer provide for subsidized retiree health care rates by offering a blended healthcare rate for employees hired after January 1, 2011. 8. Professional Enrichment The Confidential Employees Professional Enrichment Fund of $21,850 is for exclusive use by members of the Confidential Employees for conferences and training. Employees may receive up to a maximum of $2,000 per fiscal year. Funds may be used at any time during the fiscal year. Fiscal year reimbursements under the City’s “Professional Enrichment” will be closed the second Thursday in June. Employees may request reimbursement for professional enrichment expenses in accordance with Internal Revenue Code Section 132, or any other applicable state and federal law. Employees must receive approval from their Appointing Authority and the City Manager’s designee before funds may be claimed for reimbursement. Reimbursements are on a first come, first serve basis until the funds have been exhausted. 9. Life Insurance City pays for a Group Term Life and AD&D insurance policy with coverage in the amount of $50,000 per employee. 10. Sick Leave Sick leave shall accrue as designated in the Civil Service Rules and, if eligible, be reimbursed via an irrevocable election consistent with IRS regulations. . 11. Annual Leave 1. Employees will accrue 80-hours during the first through fourth years of service (cumulative to a total leave balance of 240-hours). This benefit will be accumulated at the rate of 3.07 working hours for each full biweekly pay period of service performed. 2. Employees will accrue and be eligible to receive 120 -hours (cumulative to a total leave balance of 360-hours) during the fifth through ninth year of service. The benefits will be accumulated at the rate of 4.60 working hours for each full biweekly pay period of service performed. 3. Employees will accrue and be eligible to receive 160-hours (cumulative to a total leave balance of 480-hours) during the tenth through fourteenth years of service. This benefit will be accumulated at the rate of 6.14 working hours for each full biweekly pay period of service performed. 2022/11/08 City Council Post Agenda Page 153 of 719 Page 29 of 38 4. Employees will accrue and be eligible to receive 200 -hours (cumulative to a total leave balance of 600-hours) during the fifteenth and succeeding years of service. This benefit will be accumulated at the rate of 7.70 working hours for each full biweekly pay period of service performed. 5. Vacation accrual rate changes will become effective at the beginning of the pay period closest to the actual date which includes the employee anniversary date of benefited status. 6. Vacation sell back – All Confidential unrepresented classifications who have completed at least five (5) years of service shall have the option of selling up to 60-hours of said vacation back to the City one time per calendar year via irrevocable election consistent with IRS regulations. The accumulated vacation balance will be reduced accordingly. 7. Each part-time Confidential unrepresented employee paid at a biweekly rate shall be entitled to vacation with pay. The number of working days of such vacation shall be computed on the basis set forth in subsec tion (a), (b), (c), or (d) and shall be in the proportion that such part time employment bears to full time employment. 8. Employees separated from City service, whether voluntarily or involuntarily, shall be granted all of the unused vacation to which they are entitled based upon continuous service computed on the basis set forth in subsection (a), (b), (c), or (d). Payment shall be made hour-for-hour with any portion of an hour being considered a full hour. 9. Vacation Use: Vacation leave balances shall be reduced for actual time not worked to the nearest quarter hour. Absences may not be charged to vacation not already accumulated. 12. Holidays a. Confidential employees will receive 24 hours each fiscal year for floating holidays (Lincoln's and Washington Birthday's, and Admissions Day). b. Confidential employees shall also be allotted eight (8) additional hours of floating holiday per year for Fiscal Year 2021-2022, 2022-2023 and 2023-2024. The eight (8) hours may be taken in the same manner as vacation lea ve. The eight (8) hours must be used in its respective fiscal year, may not be carried over to the next fiscal year, and may not be cashed out. c. The City will be closed on the following paid hard holidays: Independence Day, Labor Day, Veterans Day, Thanksgiving, Day after Thanksgiving, Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, Cesar Chavez Day, Memorial Day and Juneteenth. 13. Administrative Leave Employees in the confidential group prior July 1, 2021 will receive forty (40) hours of Administrative Leave each fiscal year. 2022/11/08 City Council Post Agenda Page 154 of 719 Page 30 of 38 14. Mileage Reimbursement Employees in this unit shall be subject to a mileage reimbursement program when required to use their private automobile for authorized City business. Reimbursement rate will be tied to the IRS rate in effect at the time reimbursement is requested, as permitted by law. 15. Bilingual Pay Those employees who, upon recommendation of the Department Head, approval of the Director of Human Resources, and successful completion of a Bilingual Performance Evaluation, and who are required to continuously use their bilingual skills in the performance of their duties, will receive $100 per month in addition to their regular pay effective the first full pay period after adoption. 16. Special Assignment Pay Confidential employees may be eligible to receive a maximum of 15% above their base pay when assigned by the Appointing Authority or designee and approved by the City Manager and the Director of Human Resources to a “Special Project.” 17. Out-of-Class Assignment When an employee is assigned to perform duties of a higher paid classification, immediately upon assignment, the employee shall be compensated with a minimum of 7.5% above the employee’s current salary rate up to a maximum of 15% effective the first day of the out-of-class assignment. If the out of class assignment lasts for duration of 6 months the employee will receive an additional 5% compensation. Increases greater than 5% must be approved by the Director of Human Resources. Requests for out-of-class compensation shall be submitted by the Appointing Authority on a “Payroll Change Notice” form as percentage amounts only. 18. Notice of Change in Work Schedule The City will strive to give at least fourteen calendar day (14 calendar days) notice to employees when management initiates a change in an employee’s work schedule except in cases of emergencies. Overtime shall be paid at 1 ½ times the “regular rate of pay” solely as defined and required by the Fair Labor Standards Act (“FLSA”). (Remainder of page intentionally left blank.) 2022/11/08 City Council Post Agenda Page 155 of 719 Page 31 of 38 V. MAYOR, COUNCIL AND CITY ATTORNEY A. SALARY & WAGES 1. Salary Increases As mandated by City of Chula Vista City Charter Section 302 the Mayor shall receive an annual salary equivalent to 66% of the salary of a Judge of the Superior Court of the State of California. As mandated in City of Chula Vista City Charter Section 304(C), the four Council members shall receive 40% of the salary o f the Mayor. Salary adjustments will occur at the same time and be effective on the same date as the Superior Court Judges. As mandated by City of Chula Vista City Charter Section 503(C) the City Attorney shall receive an annual salary equivalent to the salary of a Judge of the Superior Court of the State of California. Salary adjustments will occur at the same time and be effective on the same date as the Superior Court Judges. B. BENEFITS 1. Cafeteria Plan Cafeteria plans will be set at the level specified for Executive Managers. The cafeteria plan is to be used solely for approved employee benefits or to be placed in a taxable cash option. From the annual Cafeteria Plan allotment, each employee must elect medical coverage under one of the City sponsored pl ans, unless the employee has group medical insurance from another source including coverage under their City employee spouse’s plan in which case they may waive coverage so long as the alternative plan is deemed to be an acceptable plan by the City. When waiving coverage the full value of the Cafeteria Plan allotment will be available to purchase any of the other options available under the Cafeteria Plan. Waiver of coverage is irrevocable during a plan year unless the City is notified within 30 days that the employee has involuntarily lost the alternative coverage. The Flex Benefit Amount for Employee Only, those with coverage outside of the City, and those employees covered by another City Employee is fixed at the amount provided in the calendar year 2013 ($15,162). The flex amount for Employee+1 and Employee+Family will be adjusted under the current 50/50 cost sharing formula. The maximum taxable option shall be $8,000. 2. Retiree Healthcare The City will no longer provide for subsidized retiree health care rates by offering a blended healthcare rate for employees hired after January 1, 2011. 3. Auto Allowance The Mayor may elect to receive a monthly auto allowance up to $1,000. Council members and City Attorney may elect to receive a monthly auto allowanc e of up to $550. The allowance is contingent upon evidence of adequate auto insurance. 2022/11/08 City Council Post Agenda Page 156 of 719 Page 32 of 38 4. Cell Phone Allowance The Mayor, Council members and City Attorney may elect to receive a cell phone allowance of up to $60 per month. 5. Travel Reimbursements The Mayor and Council members shall receive reimbursement on order of the City Council for Council-authorized travel and other expenses when on official duty outside of the City. 6. Stipends The Mayor and Council members will receive $50 stipend for attending Housing Authority meetings. No member shall receive compensation for attending more than four meetings of the Housing Authority during any calendar month. 7. Retirement The City will provide to unrepresented members retirement benefits via contract with the California Public Employees Retirement System (CalPERS) as set forth in the California Government Code. The City will provide the following defined benefit formulas: Tier 1 Local Miscellaneous 3% @ 60 Local Safety 3% @ 50 Tier 2* Local Miscellaneous 2% @ 60 Local Safety 3% @ 55 Tier 3** Local Miscellaneous 2% @ 62 Local Safety 2.7% @ 57 * Effective 04/22/2011 ** Effective 01/01/2013 Tier 1: Local Miscellaneous 3% @ 60 Pension Contributions: PEPRA provides that equal sharing of normal costs shall be the standard. To reach that standard, Tier 1 Employees will continue to make the required employee contribution (with no EPMC) of 8% for Local Miscellaneous and 9% for Local Safety, but will also contribute the following amounts to the employer’s side (pursuant to Government Code (GC) section 20516) to reach the CalPERS standard of equal sharing of normal costs. Local Miscellaneous unrepresented employees in Tier 1 shall also contribute the amount necessary to the employer’s side (GC 20516) so that equal sharing of normal costs is reached. 2022/11/08 City Council Post Agenda Page 157 of 719 Page 33 of 38 The following is a summary of Tier 1 CalPERS contract provisions: A. One-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit Tier 2: Local Miscellaneous 2% @ 60 Pension Contributions: PEPRA provides that equal sharing of normal costs shall be the standard. To meet that standard, Employees will continue to make the required employee contribution (with no EPMC) of 7% for Local Miscellaneous, but will also contribute to the employer’s side (Government Code (GC) section 20516) to reach the CalPERS standard of equal sharing of normal costs. Accordingly, Tier 2 employees shall make the following pension contribution s. Local Miscellaneous unrepresented employees in Tier 2 shall also contribute the amount necessary to the employer’s side (GC 20516) so that equal sharing normal costs until of normal cost is reached. The following is a summary of Tier 2 CalPERS contract provisions: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit Tier 3: Local Miscellaneous 2% @ 62 Local Miscellaneous unrepresented employees in Tier 3 shall be responsible for the full employee contribution which will be applied to the CalPERS employee contribution. There shall be no EPMC. PEPRA provides that equal sharing of the normal costs shall be the standard. To meet this standard, Tier 3 employees shall also make additional contributions on the employer’s side (GC 20516) to attain the equal cost sharing of normal costs standard. 2022/11/08 City Council Post Agenda Page 158 of 719 Page 34 of 38 To the extent permitted by Assembly Bill 340, known as the California Public Employees’ Pension Reform Act of 2013, the following is a summary of Tier 3 benefits: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. The monthly member cost for this benefit will be paid by the City. E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit (Remainder of page intentionally left blank.) 2022/11/08 City Council Post Agenda Page 159 of 719 Page 35 of 38 VI. UNCLASSIFIED HOURLY EMPLOYEES A. SALARY & WAGES 1. Salary Increase The minimum wage for all unclassified hourly employees will be set by the State of California or Federal Government, whichever is higher: Pay Period including January 1, 2022: $15.00/hr. B. BENEFITS 1. Retirement a. UCHR employees are enrolled in the Public Agency Retirement System Alternate Retirement Systems (PARS-ARS). b. The City pays 3.75% of the employee’s salary into the employee’s PARS -ARS account. c. Each pay period 3.75% will be deducted from the employee’s salary and deposited to the employee’s PARS-ARS account. 2. Sick Leave Sick Leave shall accrue pursuant to the Health Workplace, Health Family Act of 2014 (AB 1522). (Remainder of page intentionally left blank.) 2022/11/08 City Council Post Agenda Page 160 of 719 Page 36 of 38 ATTACHMENT 1 – GROUP MEMBERSHIP LISTING The following shows the classifications assigned to each group as of April 2020. A. EXECUTIVE MANAGEMENT GROUP1 City Manager (Contract) City Clerk (Contract) Assistant City Manager Chief of Police Deputy City Manager Director of Animal Services Director of Community Services Director of Development Services Director of Economic Development Director of Engineering/City Engineer Director of Finance Director of Human Resources/Risk Management Director of Information Technology Services Director of Public Works FA Executive Director Fire Chief Senior Assistant City Attorney B. SENIOR MANAGEMENT GROUP1 Administrative Services Manager Assistant Chief of Police Assistant City Attorney Assistant City Clerk Assistant Director of Development Services Assistant Director of Engineering Assistant Director of Finance Assistant Director of Human Resources Assistant Director of Public Works Budget and Analysis Manager Building Official/Code Enforcement Manager Chief Information Security Officer Chief Sustainability Officer City Librarian Deputy City Attorney III Deputy Fire Chief Emergency Services Manager FA Deputy Director-SD LECC FA Deputy Executive Director FA Director of SD LECC FA IVDC-LECC Executive Director FA Program Manager 2022/11/08 City Council Post Agenda Page 161 of 719 Page 37 of 38 Facilities Financing Manager Finance Manager Housing Manager Human Resources Manager Information Technology Manager Marketing and Communications Manager Parks & Recreation Administrator Planning Manager Police Administrative Services Administrator Police Captain Public Works Superintendent Purchasing Agent Revenue Manager Risk Manager Special Projects Manager C. UNCLASSIFIED AND CONFIDENTIAL MIDDLE MANAGEMENT/PROFESSIONAL GROUP1 Benefits Manager MM-Confidential Chief of Staff MM-Unclassified Communications/Special Events Coordinator Professional-Unclassified Deputy City Attorney I Professional-Unclassified Deputy City Attorney II Professional-Unclassified Deputy City Clerk I Professional-Unclassified Deputy City Clerk II Professional-Unclassified FA Cyber Security Program Manager MM-Unclassified FA Geospatial Intel Analyst Professional-Unclassified FA Financial Manager MM-Unclassified FA Microcomputer Specialist Professional-Unclassified FA Network Administrator I Professional-Unclassified FA Network Administrator II Professional-Unclassified FA Network Administrator III Professional-Unclassified FA Program Analyst Professional-Unclassified FA Program Assistant Supervisor Professional-Unclassified FA Public Private Partnership and Exercise Program Manager MM-Unclassified FA Information Security Program Manager MM-Unclassified FA LECC IT Manager MM-Unclassified FA Senior Financial Analyst Professional-Unclassified FA Senior Intelligence Analyst Professional-Unclassified FA Supervisory Intelligence Analyst Professional-Unclassified Fire Division Chief MM-Unclassified Fiscal and Management Analyst Professional-Confidential Fiscal Debt Management Analyst MM-Confidential Human Resources Analyst Professional-Confidential Law Office Manager MM-Unclassified Policy Aide Professional-Unclassified Principal Accountant MM-Confidential 2022/11/08 City Council Post Agenda Page 162 of 719 Page 38 of 38 Principal Management Analyst Professional-Confidential Risk Management Specialist Professional-Confidential Senior Accountant MM-Confidential Senior Deputy City Clerk Professional-Unclassified Senior Human Resources Analyst Professional-Confidential Senior Management Analyst Professional-Confidential Senior Risk Management Specialist Professional-Confidential D. CONFIDENTIAL GROUP1 Accountant Accounting Technician (Finance/Payroll) Administrative Secretary Administrative Secretary (Mayor’s Office/At-Will) Confidential-Unclassified Associate Accountant City Attorney Investigator Executive Secretary Confidential-Unclassified FA Accounting Technician Confidential-Unclassified FA Administrative Analyst I Confidential-Unclassified FA Administrative Analyst II Confidential-Unclassified FA Analyst Confidential-Unclassified FA Executive Assistant Confidential-Unclassified FA Graphic Designer/Webmaster Confidential-Unclassified FA Intelligence Analyst Confidential-Unclassified FA Management Assistant Confidential-Unclassified FA Program Assistant Confidential-Unclassified FA RCFL Network Engineer Confidential-Unclassified FA Senior Program Assistant FA Senior Secretary Confidential-Unclassified Human Resources Technician Legal Assistant Management Analyst I (City Manager’s Office) Management Analyst I (Finance/Human Resources) Management Analyst II (Finance/Human Resources) Paralegal Public Information Specialist (City Manager) Senior Council Assistant Confidential-Unclassified Senior Legal Assistant Senior Human Resources Technician Senior Legal Assistant 1 The City of Chula Vista serves as a pass through agency for the San Diego and Imperial Counties High Intensity Drug Trafficking Area (HIDTA); HIDTA positions (with the "CBAG" or "FA" designation) shall receive the benefit package detailed fo r the Executive, Senior, Middle Management/Professional Unclassified, and Confidential group in which the CBAG or FA classification is designated. All HIDTA positions are unclassified. 2022/11/08 City Council Post Agenda Page 163 of 719 PURPOSE The City of Chula Vista provides reimbursement for qualified relocation expenses to newly hired employees in eligible positions in order to attract a skilled workforce to provide quality services to the residents of the City and to make the City of Chula Vista an employer of choice. ELIGIBILITY CRITERIA • For Executive Management (EXEC), Senior Management (SM) and classifications designated as Hard to Fill in Human Resources Policy 218, an amount not to exceed $5,000 may be authorized for the actual and reasonable expenses incurred for the relocation of the employee and their immediate family to San Diego County. • Requests for Relocation Allowance must be approved by the City Manager or their designee. The Director of Human Resources/Risk Management is designated as the approving authority for the City Manager. Relocation expenses are paid from funds allocated to the employing department. Employees hired into positions qualifying under this policy shall be required to sign a Relocation Expense Repayment Agreement to be eligible for relocation allowance. • Approval for the relocation allowance must be received prior to a candidate receiving a final job offer and shall be included in the final job offer. QUALIFIED EXPENSES Qualified expenses are those expenses described in IRS Publication 521, Moving Expenses, under the section titled “Deductible Moving Expenses”, or most current IRS guidelines, if updated. Examples of such expenses are: • Moving household goods and personal effects (including in-transit or foreign-move storage expenses) • Traveling (including lodging but not meals) to your new home • Other reasonable and usual costs directly related to the relocation • Temporary housing (will be reimbursed subject to applicable taxes) Any questions regarding qualified expenses should be directed to the Finance Department. The City reimburses qualified expenses and will report amounts as required by the IRS on the employee’s Form W -2. AUTHORITY: Human Resources SUBJECT: RELOCATION ALLOWANCE POLICY #: 219 NEW POLICY: XX REVISED POLICY: N/A SUPERSEDES: N/A EFFECTIVE DATE: 10/21/2022 Page 1 of 3 2022/11/08 City Council Post Agenda Page 164 of 719 AUTHORITY: Human Resources SUBJECT: RELOCATION ALLOWANCE POLICY #: XXX NEW POLICY: XX REVISED POLICY: N/A SUPERSEDES: N/A EFFECTIVE DATE: TBD Page 2 of 3 PROCEDURES Human Resources Department – At the time of the recruitment request, Human Resources will determine, in consultation with the hiring department, if the position is EM, SM or qualifies as hard-to-fill. If determined to be qualifying and approved by the Director of Human Resources/Risk Management, the recruitment brochure will include a statement explaining the relocation benefit and applicable dollar limitations unless otherwise requested. Hiring Department - The hiring department will confirm their ability and desire to pay relocation expenses prior to opening recruitment. The hiring department will discuss allowable expenses with the new hire at the time employment is offered and accepted and will have the candidate sign the Relocation Expense Repayment Agreement. The hiring department is responsible for maintaining payment records to ensure that cumulative, reimbursable expenses do not exceed the limitations set forth for the relocation allowance. Candidate/New Employee – The candidate will arrange and pay for relocation services. As receipts for services are incurred, the employee will complete an Employee Relocation Expense Form, itemizing all expenses and submit it with all applicable receipts to his/her department within six (6) months of the date of hire in order to be considered. Hiring Department –The department will complete the Employee Relocation Expense Form and submit it with the Appointing Authority’s signature, along with the receipts to Finance or Human Resources. Human Resources Department - The hiring department will forward the completed form to the Director of Human Resources/Risk Management. The Director of Human Resources/Risk Management (or designee) will review and, if approved, forward request to the Finance Department for approval. Finance Department – Will review expenses submitted and approve payment in accordance with City policy and IRS regulations. All claims for relocation allowance must be submitted within six (6) months of the date of hire in order to be considered. REPAYMENT PROVISION The City shall recover relocation costs paid to an employee who separates from the City for any reason prior to completing one year of service. The repayment amount will be prorated based on the number of full months worked by the employee. Example: Employee is hired into a position on August 4 and receives $5,000 in relocation allowance. Employee resigns on April 18 from the City after completing 8 months and two weeks of service. Employee is responsible for repaying the City the equivalent of four months of relocation allowance. 2022/11/08 City Council Post Agenda Page 165 of 719 The following formula reflects the calculation of the repayment amount: 1. Employee was eligible to receive $5,000 in relocation allowance, but only incurred $3,500 in actual expenses. 2. $3,500/12 months = $291.67 per month 3. Employee must repay four months’ worth of relocation allowance ($291.67 X 4) = $1,166.68 4. $1,166.68 would be withheld from the final check (guaranteeing at least minimum wage being paid to the employee for hours worked). 5. Any remaining balance will be invoiced to the employee and must be repaid to the City upon separation. 5. The employee must contact the Finance Department to arrange to repay any amount owed to the City. The Director of Human Resources/Risk Management will have the sole authority and discretion to resolve any disputes or interpretations of the program. RESPONSIBLE PARTY Employee Hiring Department Director of Human Resources/Risk Management Finance RELATED POLICIES 218 Referral Program for Hard to Fill Positions REFERENCE Hard To Fill Positions List Internal Revenue Service Publications 15, 15-B, and 521 H.R.1-Tax Cuts and Jobs Act (2017), Sec. 11048 and 11049 FORMS Employee Relocation Expense Form Relocation Expense Repayment Agreement AUTHORITY: Human Resources SUBJECT: RELOCATION ALLOWANCE POLICY #:XXX NEW POLICY: XX REVISED POLICY: N/A SUPERSEDES: N/A EFFECTIVE DATE: TBD Page 3 of 3 Director of Human Resources/Risk Management Date 2022/11/08 City Council Post Agenda Page 166 of 719 CALIFORNIA FIREFIGHTERS BENEFIT TRUST JOINDER AGREEMENT FOR ASSOCIATIONS {14066/A0594900.1} Dr.2/26/21 1) Receipt of Trust Documents. We, the undersigned, have received a copy of the Trust Agreement governing the CALIFORNIA FIREFIGHTERS BENEFIT TRUST, effective November 1, 2008, and all amendments thereafter (the “Trust Agreement”), and the Medical Expense Reimbursement Plan, restated effective March 1, 2021, and as amended thereafter (the “Plan”). The Plan provides retiree medical expense reimbursement benefits. 2) Request to Participate. Request is hereby made that SAFETY employees represented by the LOCAL 2180 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL - CIO (the “Association”) be participating employees in the Plan. In consideration of the granting of this request, we hereby agree to be bound by the terms, conditions and provisions of said Trust Agreement and Plan. 3) Contribution Rate. a. Mandatory Contribution Commitment. The obligation to contribute to the California Firefighters Benefit Trust (the “Trust”) for each employee represented by the Association is set forth in ARTICLE 2.20 of the MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL - CIO, hereafter called the “MOU.” Attached is a true and complete copy of that document, effective July 1, 2022 – December 31, 2024. Promoted Employees. Employees promoting out of Association will not continue contributions following promotion. b. Salary Contributions. The MOU authorizes contributions to the Trust beginning for the pay period following the execution of this agreement. The recurring contribution totals $100 per employee month and consists of $100 of employee contribution and $0 of employer contribution. If these amounts are changed, the Association will notify the Trust. c. Sick Leave. There is not a provision in the MOU regarding a mandatory transfer of accumulated sick leave to the Trust. d. Vacation Leave. There is a provision in the MOU regarding a mandatory transfer of accumulated vacation leave to the Trust at Article 2.20. It is for a transfer of vacation leave at separation. 2022/11/08 City Council Post Agenda Page 167 of 719 California Firefighters Benefit Trust Joinder Agreement Page 2 {14066/A0594900.1} 4) Contribution Transfer to Trust. The Employer shall remit the above contributions and/or accrued leave payments directly to the Trust for the duration of the Memorandum of Understanding. Those contributions shall be remitted in one aggregate payment directly from the Employer to the custodian of the California Firefighters Benefit Trust within 30 days of the date the payment would have been payable to the employee. The Employer may not transfer any contributions to the Association for payment to the Trust. All parties acknowledge that federal law imposes penalties on the employer for late contributions, currently for contributions more than 90 days after the date payable to the employee. 5) No individual elections. We certify that contributions will be made on all employees in the bargaining unit, and employees may not individually elect against participation in the Plan, nor may an employee individually elect the level of his or her contributions. If contributions are made on employees promoted out of the bargaining unit, we certify that these contributions are also mandatory and no promoted employee may individually elect against participation in the Plan, nor elect the level of contributions. 6) Delinquencies. The Association acknowledges that the Trust Agreement contains provisions regarding pursuit of delinquent contributions, and we will cooperate with the Trustees in said proceedings. 7) Employer Monthly Reporting to Trust. The Association and Employer agree to cooperate with the Trust to accomplish monthly reporting of employee contributions in a format approved by the Trust. In conjunction with contribution transfers, the Employer will send a report (in a format approved by the Trust) of employees on whose behalf the contributions are made to the Trust. The initial contribution report shall include the following data on all participating employees: employee name; social security number (or employee number if SSN not available); date of birth; date of hire; home address; and phone. In addition, the Employer or Association will report to the Trust on new hires (along with the above-listed data on each new hire), employee terminations, and changes in employee contact information, as these events occur. 8) Joinder Fee. We acknowledge there is a joinder fee of $50 per Participant with a minimum of $2,000 per joining Association to a maximum of $7,500 per joining Association. (Provided that, for Associations of less than 20 members, the joinder fee is $2,000, or $50 per Participant plus actual costs to the Trust for processing the joinder, whichever is less.) Check one: ____ A check in that amount ($7500) is attached or __X__ Trust is authorized to deduct the joinder fee from the first contribution transfer. “Participant” is defined, for purposes of this Joinder Agreement, as an employee upon whom the Section 3(a) contributions, described above, will be made. We understand that this amount does not count toward Active Service in the Plan, but is to cover the various costs of joining the Trust. In the event that this Agreement is terminated and 2022/11/08 City Council Post Agenda Page 168 of 719 California Firefighters Benefit Trust Joinder Agreement Page 3 {14066/A0594900.1} the Association does not join the Trust, this payment is nonrefundable to the extent the Trust has incurred expenses in preparation for the joinder or in aiding the Association in negotiations. 9) Limitation of Liability. The parties acknowledge the following provision in Article XI, Sections 1 and 2, of the Trust Agreement regarding limitations on the liability of the participating parties: “1. Liabilities and Debts of Trust Fund No signatory party or Trustee, and no participating employer, employer association, labor organization, employee, or beneficiary shall be responsible for the liabilities or debts of the Trust Fund.” “2. Liabilities and Debts of Participating Parties No participating employer, employer association, or labor organization shall become responsible by reason of their participation in the Trust Fund for the liabilities or debts of any other participating employer, employer association, or labor organization. Except for any obligation to make contributions to the Trust pursuant to a Special Agreement or Subscription Agreement, a Participating Employer shall have no obligation to provide benefits to which its employees may be entitled under a Memorandum of Understanding to the extent that those benefits are provided under a plan funded through the Trust. A Participating Employer shall not be a fiduciary of the Trust, any employee benefit plan funded through the Trust, and shall have no responsibility or liability for Trust investments or the income tax treatment of Trust earnings or benefits provided under such plan.” 10) Effective Date. This Agreement shall become effective when signed below, provided however that contributions will be accepted as provided in the Memorandum of Understanding described in Section (3) hereof, but provided further, that retroactive contributions may be subject to terms and conditions imposed by the Trustees, including, for example, lost interest or administrative fees. 11) Pooled Sharing of Risks and Costs. We acknowledge that: a) the Trustees pool all contributions (provided however that the Trust will maintain a separate record per employee of the transfer of sick leave and vacation leave); b) that the Trust and Plan operate based on a multiple-employer basis, sharing of costs and risk between all participants, and not based only on the employees in the undersigned Association; and c) that the monthly benefit levels will be set based on actuarial projections for the entire Trust population, and not based only on the employees in this Association. 2022/11/08 City Council Post Agenda Page 169 of 719 California Firefighters Benefit Trust Joinder Agreement Page 4 {14066/A0594900.1} 12) Legal Compliance of MOU Language. If at any time during the Association’s participation in the Trust, the Association’s MOU language and/or procedures are not compliant with current statutes, regulations, or agency guidance applicable to the Trust, the Trust can request revision of such MOU language or procedures to attain compliance. This noncompliant MOU language may occur through changes to the applicable law or through revisions associated with bargaining occurring after this Agreement is adopted. The Association must obtain prior approval from the Trust for any future revisions to MOU language or procedures related to Trust participation (i.e., not included in the attached MOU). In the event that MOU language or procedures are not compliant with applicable law and are not revised as requested by the Trust, the Trust may terminate this Agreement, pursuant to Section 13 below. 13) Termination. This Agreement shall remain in effect unless terminated by written notice to the other party of this Agreement. Written notice of termination must be received by either party prior to the first day of the month in which participation is to be terminated. We acknowledge Article XI Section 6 of the Trust Agreement and acknowledge that upon termination of this Agreement federal law restricts the Trust from refunding any contributions to the employees, the Employer, or the Association, except as benefits paid according to the Plan. Agreed by Joining Association: By Association President (Authorized Signature) Address Print Name City State Zip Date Phone 2022/11/08 City Council Post Agenda Page 170 of 719 California Firefighters Benefit Trust Joinder Agreement Page 5 {14066/A0594900.1} Acknowledged by Employer: For Employer Title Print Name Phone Date Approved and Accepted by: California Firefighters Benefit Trust Administrative Agent (Print name) Date Please send this Agreement to: California Firefighters Benefit Trust Office c/o Benefit Programs Administration 1200 Wilshire Blvd., 5th Floor Los Angeles, CA 90017 Phone number: (213) 406-2370 Email: CFBT@bpabenefits.com 2022/11/08 City Council Post Agenda Page 171 of 719 FIRST AMENDMENT TO THE MOU BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (“LOCAL 2180”) COVERING THE PERIOD OF JULY 1, 2022, TO DECEMBER 31, 2024, REGARDING THE ADDITION OF AN EMPLOYEE FUNDED RETIREE MEDICAL TRUST (“RMT”) AND AMENDING MEDICAL BENEFIT PLANS FOR CALENDAR YEAR 2023 WHEREAS, the City of Chula Vista (“City”) and the Local 2180 International Association of Fire Fighters (“Local 2180”) entered into a memorandum of understanding (“2022-2024 MOU”) covering the period of July 1, 2022, to December 31, 2024, regarding wages, hours, and other terms and conditions of employment, within the meaning of the Meyers- Milias-Brown Act (“MMBA”); and WHEREAS, the City and Local 2180, after meeting and conferring in good faith pursuant to the MMBA, desire to enter into this First Amendment to the 2022-2024 MOU regarding the addition of an employee funded Retirement Health Savings Account and amending the medical benefit plans for calendar year 2023. NOW, THEREFORE, the City and Local 2180 agree to amend the 2022-2024 MOU as follows: a. Amend Article 2.20 Retirement Health Savings Accounts to establish an employee funded RMT. The article will now read: Once the City acknowledges receipt of the Plan joinder agreement, the City will comply with rules set by plan in regard to reporting and depositing the required contributions set forth below. All employees covered by this MOU shall participate in a retiree medical expense reimbursement plan administered by an entity selected by IAFF. This Plan is designed to permit organizations representing employees to designate on a pre-tax basis salary and/or leave payouts which occur upon separation of employment to be used to help pay for health insurance costs when the employee is no longer working for the City. The plan shall be and remain separate and apart from any Employer health insurance funding program. Employees shall contribute to the plan $100 per month, which the employer shall automatically deduct from the salary of each employee and remit monthly [in one aggregate check], to the Plan’s administrator, accompanied by a list of contributing employees. The employer shall contribute the monies on a pre-tax basis. These contributions shall be included as a salary for the purpose of calculating retirement benefits. There shall be no employee election to take the amount in cash. Upon retirement of an employee covered by this Agreement, the employer shall transfer into the IAFF plan, an amount equal to 100% of the cash value of the 2022/11/08 City Council Post Agenda Page 172 of 719 employee’s vacation leave balance for which they would receive payment. The employer shall contribute the monies on a pre-tax basis. There shall be no employee election to take the amount in cash. The IAFF has the right to alter the amount of salary deduction or the percentage of leave balance contribution at retirement from service during the course of this MOU, on a uniform basis, for all employees covered by the MOU, subject to approval of its members according to the IAFF’s internal rules. Exceptions: Employees entitled to full military medical benefits may make a one-time election not to participate in the Plan. Employees entitled to this exemption must notify human resources of their refusal to participate within 30 days of joining IAFF. b. Amend Section II, Substation B, Article 2.16 (I)(A)(1)(b) Health to read: Employees enrolled in the lowest cost, non-Kaiser, limited network HMO/limited network alternative plan will pay $50 per month and the City will pay the balance of the premium. For the 2023 benefits plan year only, this $50 per month premium will be waived if the Aetna Whole Health (AWH) Southern California HMO is elected. c. Except as expressly provided herein, all other terms and conditions of the 2022-2024 MOU shall otherwise remain in full force and effect. FOR THE CITY OF CHULA VISTA: FOR INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (LOCAL 2180) _______________________________ _______________________________ Courtney Chase Darrell Roberts Director of Human Resources / President Risk Management DATE: ______________ DATE: ______________ 2022/11/08 City Council Post Agenda Page 173 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 1 of 70 3633 CONF ACCOUNTANT 0 30.30 2,423.63 1 31.81 2,544.82 2 33.40 2,672.05 3 35.07 2,805.66 4 36.82 2,945.94 3641 ACE ACCOUNTING ASSISTANT 0 22.43 1,794.22 1 23.55 1,883.93 2 24.73 1,978.15 3 25.96 2,077.03 4 27.26 2,180.88 3643 CONF ACCOUNTING TECHNICIAN 0 26.04 2,083.57 1 27.35 2,187.75 2 28.71 2,297.13 3 30.15 2,411.99 4 31.66 2,532.59 3675 ACE ACCOUNTING TECHNICIAN 0 26.04 2,083.57 1 27.35 2,187.75 2 28.71 2,297.13 3 30.15 2,411.99 4 31.66 2,532.59 3647 CONF ACCOUNTING TECHNICIAN II (T) 0 28.37 2,269.69 1 29.79 2,383.17 2 31.28 2,502.33 3 32.84 2,627.45 4 34.49 2,758.82 3677 ACE ACCOUNTING TECHNICIAN II (T) 0 28.37 2,269.69 1 29.79 2,383.17 2 31.28 2,502.33 3 32.84 2,627.45 4 34.49 2,758.82 3645 ACE ACCOUNTS PAYABLE SUPERVISOR 0 32.63 2,610.13 1 34.26 2,740.65 2 35.97 2,877.68 3 37.77 3,021.56 4 39.66 3,172.62 2022/11/08 City Council Post Agenda Page 174 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 2 of 70 0149 CONF ADMINISTRATIVE SECRETARY 0 27.72 2,217.25 1 29.10 2,328.12 2 30.56 2,444.51 3 32.08 2,566.74 4 33.69 2,695.08 0179 ACE ADMINISTRATIVE SECRETARY 0 27.72 2,217.25 1 29.10 2,328.12 2 30.56 2,444.51 3 32.08 2,566.74 4 33.69 2,695.08 0180 UCHR ADMINISTRATIVE SECRETARY 0 27.72 -- 1 29.10 -- 2 30.56 -- 3 32.08 -- 4 33.69 -- 0154 CONF ADMINISTRATIVE SECRETARY-MAYOR 0 27.72 2,217.25 1 29.10 2,328.12 2 30.56 2,444.51 3 32.08 2,566.74 4 33.69 2,695.08 0215 SM ADMINISTRATIVE SERVICES MGR 0 49.72 3,977.41 1 -- -- 2 -- -- 3 -- -- 4 60.43 4,834.56 0181 ACE ADMINISTRATIVE TECHNICIAN 0 27.72 2,217.25 1 29.10 2,328.12 2 30.56 2,444.51 3 32.08 2,566.74 4 33.69 2,695.08 5316 UCHR ANIMAL CARE AIDE 0 15.34 -- 1 16.10 -- 2 16.91 -- 3 17.75 -- 4 18.64 -- 2022/11/08 City Council Post Agenda Page 175 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 3 of 70 5317 ACE ANIMAL CARE FACILITY SUPV 0 32.11 2,569.11 1 33.72 2,697.57 2 35.41 2,832.44 3 37.18 2,974.07 4 39.03 3,122.77 5343 ACE ANIMAL CARE SPECIALIST 0 20.11 1,608.82 1 21.12 1,689.25 2 22.17 1,773.71 3 23.28 1,862.41 4 24.44 1,955.52 5344 UCHR ANIMAL CARE SPECIALIST 0 20.11 -- 1 21.12 -- 2 22.17 -- 3 23.28 -- 4 24.44 -- 5319 ACE ANIMAL CARE SUPERVISOR 0 27.93 2,234.01 1 29.32 2,345.71 2 30.79 2,463.00 3 32.33 2,586.16 4 33.94 2,715.45 5303 ACE ANIMAL CONTROL OFFICER 0 24.13 1,930.56 1 25.34 2,027.09 2 26.61 2,128.45 3 27.94 2,234.88 4 29.33 2,346.63 5305 UCHR ANIMAL CONTROL OFFICER 0 24.13 -- 1 25.34 -- 2 26.61 -- 3 27.94 -- 4 29.33 -- 5304 ACE ANIMAL CONTROL OFFICER SUPVR 0 27.75 2,220.16 1 29.14 2,331.16 2 30.60 2,447.71 3 32.13 2,570.10 4 33.73 2,698.62 2022/11/08 City Council Post Agenda Page 176 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 4 of 70 5309 ACE ANIMAL SERVICES SPECIALIST 0 21.94 1,755.07 1 23.04 1,842.82 2 24.19 1,934.96 3 25.40 2,031.72 4 26.67 2,133.29 3083 MM APPLICATIONS SUPPORT MANAGER 0 52.25 4,180.27 1 54.87 4,389.28 2 57.61 4,608.74 3 60.49 4,839.18 4 63.51 5,081.14 3088 PROF APPLICATIONS SUPPORT SPEC 0 39.78 3,182.07 1 41.76 3,341.18 2 43.85 3,508.23 3 46.05 3,683.64 4 48.35 3,867.83 7741 ACE AQUARIST 0 24.98 1,998.44 1 26.23 2,098.32 2 27.54 2,203.24 3 28.92 2,313.42 4 30.36 2,429.09 7579 ACE AQUATIC SUPERVISOR I 0 25.88 2,070.77 1 27.18 2,174.30 2 28.54 2,283.03 3 29.96 2,397.17 4 31.46 2,517.03 7577 ACE AQUATIC SUPERVISOR II 0 28.47 2,277.84 1 29.90 2,391.74 2 31.39 2,511.32 3 32.96 2,636.89 4 34.61 2,768.74 7575 ACE AQUATIC SUPERVISOR III 0 32.74 2,619.52 1 34.38 2,750.50 2 36.10 2,888.03 3 37.91 3,032.42 4 39.80 3,184.04 2022/11/08 City Council Post Agenda Page 177 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 5 of 70 2405 SM ASSISTANT CITY ATTORNEY 0 76.73 6,138.15 1 80.56 6,445.08 2 84.59 6,767.33 3 88.82 7,105.69 4 93.26 7,460.97 2210 SM ASSISTANT CITY CLERK 0 44.53 3,562.67 1 46.76 3,740.82 2 49.10 3,927.85 3 51.55 4,124.22 4 54.13 4,330.55 2707 EXEC ASSISTANT CITY MANAGER 0 99.27 7,941.69 1 -- -- 2 -- -- 3 -- -- 4 119.91 9,593.16 4040 SM ASSISTANT DIR OF DEVLPMNT SVCS 0 76.85 6,147.78 1 -- -- 2 85.13 6,810.23 3 89.38 7,150.74 4 93.41 7,472.68 3604 SM ASSISTANT DIR OF FINANCE 0 75.63 6,050.05 1 -- -- 2 87.50 7,000.00 3 90.00 7,200.00 4 91.30 7,304.19 6322 SM ASSISTANT DIR OF PUBLIC WORKS 0 70.33 5,626.11 1 -- -- 2 -- -- 3 83.02 6,641.98 4 84.90 6,792.35 6015 WCE ASSISTANT ENGINEER 0 39.14 3,131.53 1 41.10 3,288.10 2 43.16 3,452.51 3 45.31 3,625.13 4 47.58 3,806.39 2022/11/08 City Council Post Agenda Page 178 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 6 of 70 6289 WCE ASSISTANT LAND SURVEYOR 0 39.14 3,131.53 1 41.10 3,288.10 2 43.16 3,452.51 3 45.31 3,625.13 4 47.58 3,806.39 4749 WCE ASSISTANT PLAN CHECK ENGINEER 0 38.14 3,051.40 1 40.05 3,203.97 2 42.05 3,364.17 3 44.15 3,532.38 4 46.36 3,709.00 4439 ACE ASSISTANT PLANNER 0 33.31 2,665.16 1 34.98 2,798.42 2 36.73 2,938.34 3 38.57 3,085.26 4 40.49 3,239.52 3635 CONF ASSOCIATE ACCOUNTANT 0 33.32 2,665.99 1 34.99 2,799.30 2 36.74 2,939.26 3 38.58 3,086.22 4 40.51 3,240.54 6017 WCE ASSOCIATE ENGINEER 0 45.02 3,601.26 1 47.27 3,781.32 2 49.63 3,970.39 3 52.11 4,168.90 4 54.72 4,377.35 6287 WCE ASSOCIATE LAND SURVEYOR 0 45.02 3,601.26 1 47.27 3,781.32 2 49.63 3,970.39 3 52.11 4,168.90 4 54.72 4,377.35 4747 WCE ASSOCIATE PLAN CHECK ENGINEER 0 43.86 3,509.11 1 46.06 3,684.57 2 48.36 3,868.80 3 50.78 4,062.24 4 53.32 4,265.35 2022/11/08 City Council Post Agenda Page 179 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 7 of 70 4437 ACE ASSOCIATE PLANNER 0 36.65 2,931.67 1 38.48 3,078.26 2 40.40 3,232.18 3 42.42 3,393.78 4 44.54 3,563.47 5123 ACE AUTOMATED FINGERPRINT TECH 0 22.25 1,779.83 1 23.36 1,868.82 2 24.53 1,962.27 3 25.75 2,060.38 4 27.04 2,163.40 3404 MMCF BENEFITS MANAGER 0 52.92 4,233.56 1 55.57 4,445.24 2 58.34 4,667.50 3 61.26 4,900.88 4 64.32 5,145.92 3406 UCHR BENEFITS MANAGER 0 52.92 -- 1 55.57 -- 2 58.34 -- 3 61.26 -- 4 64.32 -- 2222 SM BUDGET AND ANALYSIS MANAGER 0 58.24 4,659.03 1 61.15 4,891.98 2 64.64 5,171.52 3 67.88 5,430.11 4 70.79 5,663.08 4769 MM BUILDING INSPECTION MANAGER 0 50.43 4,034.62 1 52.95 4,236.35 2 55.60 4,448.17 3 58.38 4,670.58 4 61.30 4,904.11 4771 ACE BUILDING INSPECTOR I 0 32.00 2,560.32 1 33.60 2,688.34 2 35.28 2,822.76 3 37.05 2,963.90 4 38.90 3,112.09 2022/11/08 City Council Post Agenda Page 180 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 8 of 70 4773 ACE BUILDING INSPECTOR II 0 35.20 2,816.36 1 36.96 2,957.18 2 38.81 3,105.03 3 40.75 3,260.31 4 42.79 3,423.31 4774 UCHR BUILDING INSPECTOR II (HOURLY) 0 35.20 -- 1 36.96 -- 2 38.81 -- 3 40.75 -- 4 42.79 -- 4775 ACE BUILDING INSPECTOR III 0 38.73 3,098.00 1 40.66 3,252.90 2 42.69 3,415.55 3 44.83 3,586.32 4 47.07 3,765.64 4780 SM BUILDING OFFICIAL/CODE ENF MGR 0 69.77 5,581.43 1 -- -- 2 -- -- 3 -- -- 4 84.80 6,784.28 6412 PROF BUILDING PROJECT MANAGER 0 44.40 3,552.03 1 46.62 3,729.62 2 48.95 3,916.10 3 51.40 4,111.91 4 53.97 4,317.50 6402 MM BUILDING SERVICES MANAGER 0 53.33 4,266.78 1 56.00 4,480.11 2 58.80 4,704.11 3 61.74 4,939.32 4 64.83 5,186.29 6669 ACE BUILDING SERVICES SUPERVISOR 0 30.94 2,475.45 1 32.49 2,599.22 2 34.11 2,729.18 3 35.82 2,865.64 4 37.61 3,008.93 2022/11/08 City Council Post Agenda Page 181 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 9 of 70 4505 ACE BUSINESS LICENSE REPRESENTATIV 0 22.43 1,794.22 1 23.55 1,883.93 2 24.73 1,978.15 3 25.96 2,077.03 4 27.26 2,180.88 6444 ACE CARPENTER 0 27.93 2,234.20 1 29.32 2,345.90 2 30.79 2,463.20 3 32.33 2,586.36 4 33.95 2,715.69 3669 ACE CASHIER 0 18.93 1,514.60 1 19.88 1,590.33 2 20.87 1,669.85 3 21.92 1,753.34 4 23.01 1,841.01 3053 SM CHIEF INFO SEC OFFICER 0 57.14 4,571.14 1 -- -- 2 -- -- 3 -- -- 4 69.45 5,556.25 5001 EXEC CHIEF OF POLICE 0 97.60 7,807.62 1 -- -- 2 112.82 9,025.58 3 -- -- 4 118.63 9,490.25 2011 MMUC CHIEF OF STAFF 0 37.85 3,028.04 1 39.74 3,179.45 2 41.73 3,338.40 3 43.82 3,505.32 4 46.01 3,680.60 2729 SM CHIEF SUSTAINABILITY OFFICER 0 66.43 5,314.54 1 -- -- 2 -- -- 3 78.43 6,274.14 4 80.20 6,416.20 2022/11/08 City Council Post Agenda Page 182 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 10 of 70 2400 CATY CITY ATTORNEY (ELECTED) 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 110.16 8,812.50 2435 CONF CITY ATTY INVESTIGATOR 0 32.98 2,638.19 1 34.63 2,770.10 2 36.36 2,908.60 3 38.18 3,054.03 4 40.08 3,206.74 2201 CCLK CITY CLERK 0 79.68 6,374.76 1 -- -- 2 -- -- 3 -- -- 4 96.81 7,744.82 2221 PROF CITY CLERK ANALYST 0 42.52 3,401.46 1 44.64 3,571.54 2 46.88 3,750.11 3 49.22 3,937.62 4 51.68 4,134.50 2224 UCHR CITY CLERK ANALYST (HOURLY) 0 38.80 -- 1 40.74 -- 2 42.77 -- 3 44.91 -- 4 47.16 -- 7007 SM CITY LIBRARIAN 0 62.25 4,979.73 1 65.36 5,228.70 2 68.63 5,490.15 3 72.06 5,764.65 4 75.66 6,052.88 2710 CMGR CITY MANAGER 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 144.23 11,538.55 2022/11/08 City Council Post Agenda Page 183 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 11 of 70 5429 ACE CIVILIAN BCKGRND INVESTIGATOR 0 28.04 2,243.21 1 29.44 2,355.37 2 30.91 2,473.14 3 32.46 2,596.81 4 34.08 2,726.64 5430 UCHR CIVILIAN BCKGRND INVESTIGATOR 0 28.04 -- 1 29.44 -- 2 30.91 -- 3 32.46 -- 4 34.08 -- 5431 UCHR CIVILIAN POLICE INVESTIGATOR 0 25.79 -- 1 27.08 -- 2 28.43 -- 3 29.85 -- 4 31.35 -- 0241 UCHR CLERICAL AIDE 0 15.00 -- 1 15.75 -- 2 16.54 -- 3 17.36 -- 4 18.23 -- 4777 ACE CODE ENFORCEMENT OFFICER I 0 27.80 2,223.92 1 29.19 2,335.13 2 30.65 2,451.87 3 32.18 2,574.47 4 33.79 2,703.19 4778 UCHR CODE ENFORCEMENT OFFICER II 0 30.58 -- 1 32.11 -- 2 33.71 -- 3 35.40 -- 4 37.17 -- 4779 ACE CODE ENFORCEMENT OFFICER II 0 30.58 2,446.31 1 32.11 2,568.64 2 33.71 2,697.07 3 35.40 2,831.92 4 37.17 2,973.52 2022/11/08 City Council Post Agenda Page 184 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 12 of 70 4789 ACE CODE ENFORCEMENT TECHNICIAN 0 24.17 1,933.84 1 25.38 2,030.54 2 26.65 2,132.07 3 27.98 2,238.68 4 29.38 2,350.60 3683 MM COLLECTIONS SUPERVISOR 0 37.89 3,031.00 1 39.78 3,182.56 2 41.77 3,341.67 3 43.86 3,508.77 4 46.05 3,684.21 2799 PRUC COMM/SPECL EVENTS COORD 0 41.01 3,281.09 1 43.06 3,445.15 2 45.22 3,617.41 3 47.48 3,798.28 4 49.85 3,988.20 5141 ACE COMMUNITY SERVICES OFFICER 0 23.37 1,869.35 1 24.54 1,962.82 2 25.76 2,060.96 3 27.05 2,164.00 4 28.40 2,272.20 5142 UCHR COMMUNITY SERVICES OFFICER 0 23.37 -- 1 24.54 -- 2 25.76 -- 3 27.05 -- 4 28.40 -- 6200 ACE CONSERVATION SPECIALIST I 0 25.27 2,021.74 1 26.54 2,122.84 2 27.86 2,229.00 3 29.26 2,340.42 4 30.72 2,457.45 6202 ACE CONSERVATION SPECIALIST II 0 27.80 2,223.92 1 29.19 2,335.13 2 30.65 2,451.87 3 32.18 2,574.47 4 33.79 2,703.19 2022/11/08 City Council Post Agenda Page 185 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 13 of 70 6427 ACE CONSTRUCTION & REPAIR SUPV 0 39.53 3,162.62 1 41.51 3,320.75 2 43.58 3,486.79 3 45.76 3,661.13 4 48.05 3,844.19 2023 UCHR COUNCIL ASSISTANT 0 22.91 -- 1 24.06 -- 2 25.26 -- 3 26.52 -- 4 27.85 -- 2003 CL COUNCILPERSON 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 29.08 2,326.50 5757 UCHR COVID SITE ASST 0 15.44 -- 1 16.21 -- 2 17.02 -- 3 17.87 -- 4 18.76 -- 5101 MM CRIME LABORATORY MANAGER 0 49.06 3,924.94 1 51.51 4,121.18 2 54.09 4,327.25 3 56.80 4,543.61 4 59.63 4,770.78 6667 ACE CUSTODIAL SUPERVISOR 0 25.66 2,052.65 1 26.94 2,155.29 2 28.29 2,263.06 3 29.70 2,376.21 4 31.19 2,495.03 6661 ACE CUSTODIAN 0 20.28 1,622.64 1 21.30 1,703.77 2 22.36 1,788.96 3 23.48 1,878.42 4 24.65 1,972.33 2022/11/08 City Council Post Agenda Page 186 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 14 of 70 6662 UCHR CUSTODIAN 0 20.28 -- 1 21.30 -- 2 22.36 -- 3 23.48 -- 4 24.65 -- 7191 ACE DELIVERY DRIVER 0 19.24 1,539.28 1 20.20 1,616.25 2 21.21 1,697.07 3 22.27 1,781.92 4 23.39 1,871.02 2410 PRUC DEPUTY CITY ATTORNEY I 0 45.40 3,632.07 1 47.67 3,813.66 2 50.05 4,004.34 3 52.56 4,204.56 4 55.18 4,414.79 2408 PRUC DEPUTY CITY ATTORNEY II 0 54.48 4,358.46 1 57.20 4,576.38 2 60.07 4,805.21 3 63.07 5,045.47 4 66.22 5,297.73 2411 SM DEPUTY CITY ATTORNEY III 0 69.07 5,525.47 1 72.52 5,801.75 2 76.15 6,091.83 3 79.96 6,396.42 4 83.95 6,716.21 2245 PRUC DEPUTY CITY CLERK I 0 28.07 2,245.97 1 29.48 2,358.26 2 30.95 2,476.18 3 32.50 2,600.00 4 34.12 2,729.98 2243 PRUC DEPUTY CITY CLERK II 0 30.88 2,470.57 1 32.43 2,594.10 2 34.05 2,723.80 3 35.75 2,860.00 4 37.54 3,002.99 2022/11/08 City Council Post Agenda Page 187 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 15 of 70 2705 EXEC DEPUTY CITY MANAGER 0 103.52 8,281.38 1 -- -- 2 -- -- 3 -- -- 4 114.66 9,172.49 5505 SM DEPUTY FIRE CHIEF 0 74.26 5,940.75 1 -- -- 2 -- -- 3 -- -- 4 90.26 7,221.04 5130 MM DETENTION FACILITY MANAGER 0 49.06 3,924.94 1 51.51 4,121.18 2 54.09 4,327.25 3 56.80 4,543.61 4 59.63 4,770.78 5137 ACE DETENTIONS OFFICER 0 28.04 2,243.21 1 29.44 2,355.37 2 30.91 2,473.14 3 32.46 2,596.81 4 34.08 2,726.64 5135 ACE DETENTIONS SUPERVISOR 0 32.25 2,579.70 1 33.86 2,708.68 2 35.55 2,844.12 3 37.33 2,986.33 4 39.20 3,135.64 4718 PROF DEVELOPMENT AUTOMATION SPEC 0 42.52 3,401.46 1 44.64 3,571.54 2 46.88 3,750.11 3 49.22 3,937.62 4 51.68 4,134.50 4025 SM DEVELOPMENT PROJECT MGR 0 69.22 5,537.42 1 72.68 5,814.29 2 76.31 6,105.01 3 80.13 6,410.26 4 84.13 6,730.77 2022/11/08 City Council Post Agenda Page 188 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 16 of 70 4547 MM DEVELOPMENT SERVICES COUNTER M 0 47.33 3,786.23 1 49.69 3,975.53 2 52.18 4,174.32 3 54.79 4,383.03 4 57.53 4,602.18 4540 UCHR DEVELOPMENT SERVICES TECH I 0 23.88 -- 1 25.07 -- 2 26.33 -- 3 27.64 -- 4 29.02 -- 4542 ACE DEVELOPMENT SERVICES TECH I 0 23.88 1,910.23 1 25.07 2,005.73 2 26.33 2,106.01 3 27.64 2,211.32 4 29.02 2,321.89 4541 ACE DEVELOPMENT SERVICES TECH II 0 26.27 2,101.24 1 27.58 2,206.30 2 28.96 2,316.62 3 30.41 2,432.46 4 31.93 2,554.07 4544 UCHR DEVELOPMENT SERVICES TECH II 0 26.27 -- 1 27.58 -- 2 28.96 -- 3 30.41 -- 4 31.93 -- 4543 ACE DEVELOPMENT SERVICES TECH III 0 30.21 2,416.43 1 31.72 2,537.25 2 33.30 2,664.12 3 34.97 2,797.32 4 36.71 2,937.18 5245 ACE DIGITAL FORENSICS TECH I 0 25.97 2,077.96 1 27.27 2,181.86 2 28.64 2,290.96 3 30.07 2,405.51 4 31.57 2,525.78 2022/11/08 City Council Post Agenda Page 189 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 17 of 70 5243 ACE DIGITAL FORENSICS TECH II 0 29.87 2,389.67 1 31.36 2,509.15 2 32.93 2,634.60 3 34.58 2,766.33 4 36.31 2,904.64 5350 EXEC DIR OF ANIMAL SERVICES 0 66.43 5,314.56 1 -- -- 2 -- -- 3 -- -- 4 80.75 6,459.88 7004 EXEC DIR OF COMMUNITY SERVICES 0 81.54 6,523.42 1 85.62 6,849.59 2 89.90 7,192.07 3 94.40 7,551.67 4 99.12 7,929.54 4039 EXEC DIR OF DEVELOPMENT SERVICES 0 85.73 6,858.33 1 -- -- 2 -- -- 3 -- -- 4 104.22 8,337.45 2734 EXEC DIR OF ECONOMIC DEVELOPMENT 0 85.74 6,859.24 1 -- -- 2 -- -- 3 -- -- 4 104.22 8,337.45 6006 EXEC DIR OF ENGINEERING/CITY ENG 0 85.74 6,859.24 1 -- -- 2 -- -- 3 -- -- 4 104.22 8,337.45 3601 EXEC DIR OF FINANCE 0 85.74 6,859.24 1 -- -- 2 -- -- 3 101.51 8,121.16 4 104.22 8,337.45 2022/11/08 City Council Post Agenda Page 190 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 18 of 70 4301 EXEC DIR OF HOUSING & HOMELESS SVS 0 66.43 5,314.56 1 -- -- 2 -- -- 3 -- -- 4 80.75 6,459.88 3300 EXEC DIR OF HUMAN RESOURCES/RISK MG 0 85.74 6,859.24 1 -- -- 2 -- -- 3 -- -- 4 104.22 8,337.45 3001 EXEC DIR OF INFO TECH SERVICES 0 81.54 6,523.42 1 -- -- 2 89.90 7,192.07 3 -- -- 4 99.12 7,929.54 6320 EXEC DIR OF PUBLIC WORKS 0 85.74 6,859.24 1 -- -- 2 -- -- 3 96.74 7,739.47 4 104.22 8,337.45 2747 ACE ECONOMIC DEVELOPMENT SPEC I 0 30.54 2,443.06 1 32.07 2,565.22 2 33.67 2,693.48 3 35.35 2,828.15 4 37.12 2,969.56 2749 ACE ECONOMIC DEVELOPMENT SPEC II 0 36.65 2,931.67 1 38.48 3,078.26 2 40.40 3,232.18 3 42.42 3,393.78 4 44.54 3,563.47 6438 ACE ELECTRICIAN 0 29.89 2,391.39 1 31.39 2,510.96 2 32.96 2,636.51 3 34.60 2,768.33 4 36.33 2,906.76 2022/11/08 City Council Post Agenda Page 191 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 19 of 70 6492 ACE ELECTRONIC/EQUIPMENT INSTALLER 0 27.18 2,174.00 1 28.53 2,282.69 2 29.96 2,396.83 3 31.46 2,516.67 4 33.03 2,642.50 6475 ACE ELECTRONICS TECHNICIAN 0 32.88 2,630.53 1 34.53 2,762.06 2 36.25 2,900.17 3 38.06 3,045.17 4 39.97 3,197.42 6472 ACE ELECTRONICS TECHNICIAN SUPV 0 37.81 3,025.12 1 39.70 3,176.37 2 41.69 3,335.19 3 43.77 3,501.95 4 45.96 3,677.04 5560 SM EMERGENCY SERVICES MGR 0 49.72 3,977.42 1 -- -- 2 -- -- 3 -- -- 4 60.43 4,834.56 5557 PROF EMS EDUCATOR 0 43.09 3,447.52 1 45.25 3,619.89 2 47.51 3,800.90 3 49.89 3,990.94 4 52.38 4,190.48 5559 ACE EMS INVENTORY SPECIALIST 0 27.42 2,193.64 1 28.79 2,303.32 2 30.23 2,418.48 3 31.74 2,539.39 4 33.33 2,666.38 5567 PROF EMS NURSE COORDINATOR 0 51.71 4,137.03 1 54.30 4,343.86 2 57.01 4,561.07 3 59.86 4,789.12 4 62.86 5,028.57 2022/11/08 City Council Post Agenda Page 192 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 20 of 70 5657 NIAF EMT (NON-SAFETY) 0 15.60 1 16.38 2 17.20 3 18.06 4 18.96 5658 UCHR EMT (NON-SAFETY) 0 15.60 -- 1 16.38 -- 2 17.20 -- 3 18.06 -- 4 18.96 -- 6081 ACE ENGINEERING TECHNICIAN I 0 27.83 2,226.37 1 29.22 2,337.69 2 30.68 2,454.57 3 32.22 2,577.31 4 33.83 2,706.18 6071 ACE ENGINEERING TECHNICIAN II 0 30.61 2,449.01 1 32.14 2,571.46 2 33.75 2,700.03 3 35.44 2,835.03 4 37.21 2,976.79 6129 ACE ENVIRONMENTAL HEALTH SPEC 0 36.81 2,944.40 1 38.65 3,091.62 2 40.58 3,246.20 3 42.61 3,408.49 4 44.74 3,578.94 6205 MM ENVIRONMENTAL SERVICES MANAGER 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 6207 MM ENVIRONMENTAL SUSTNBILITY MGR 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 2022/11/08 City Council Post Agenda Page 193 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 21 of 70 6505 MM EQUIPMENT MAINTENANCE MANAGER 0 40.49 3,239.46 1 42.52 3,401.43 2 44.64 3,571.51 3 46.88 3,750.09 4 49.22 3,937.59 6542 ACE EQUIPMENT MECHANIC 0 28.76 2,300.58 1 30.20 2,415.62 2 31.70 2,536.39 3 33.29 2,663.21 4 34.95 2,796.37 6544 UCHR EQUIPMENT MECHANIC 0 28.76 -- 1 30.20 -- 2 31.71 -- 3 33.29 -- 4 34.95 -- 6361 ACE EQUIPMENT OPERATOR 0 29.45 2,356.09 1 30.92 2,473.89 2 32.47 2,597.58 3 34.09 2,727.46 4 35.80 2,863.83 0187 CONF EXECUTIVE SECRETARY 0 33.54 2,682.89 1 35.21 2,817.03 2 36.97 2,957.87 3 38.82 3,105.77 4 40.76 3,261.05 5270 CONF FA ACCOUNTING TECHNICIAN 0 28.37 2,269.69 1 29.79 2,383.17 2 31.28 2,502.33 3 32.84 2,627.45 4 34.49 2,758.82 5297 CONF FA ADMINSTRATIVE ANALYST I 0 31.16 2,492.93 1 32.72 2,617.60 2 34.36 2,748.45 3 36.07 2,885.88 4 37.88 3,030.17 2022/11/08 City Council Post Agenda Page 194 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 22 of 70 5296 CONF FA ADMINSTRATIVE ANALYST II 0 34.28 2,742.22 1 35.99 2,879.33 2 37.79 3,023.30 3 39.68 3,174.48 4 41.66 3,333.19 5277 CONF FA ANALYST 0 23.81 1,905.01 1 25.00 2,000.26 2 26.25 2,100.28 3 27.57 2,205.29 4 28.94 2,315.56 5455 MMUC FA CYBER SECURITY PROG MGR 0 45.63 3,650.27 1 47.91 3,832.77 2 50.31 4,024.41 3 52.82 4,225.63 4 55.46 4,436.91 5465 SM FA DEPUTY DIRECTOR OF LECC 0 51.27 4,101.82 1 53.84 4,306.91 2 56.53 4,522.26 3 59.35 4,748.36 4 62.32 4,985.80 5463 SM FA DEPUTY EXECUTIVE DIRECTOR 0 56.30 4,504.17 1 -- -- 2 -- -- 3 -- -- 4 68.44 5,474.85 5274 SM FA DIRECTOR OF SD LECC 0 66.23 5,298.14 1 -- -- 2 -- -- 3 -- -- 4 80.50 6,439.92 5286 CONF FA EXECUTIVE ASSISTANT 0 30.51 2,440.67 1 32.03 2,562.71 2 33.64 2,690.85 3 35.32 2,825.38 4 37.08 2,966.66 2022/11/08 City Council Post Agenda Page 195 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 23 of 70 5461 EXEC FA EXECUTIVE DIRECTOR 0 60.19 4,815.34 1 -- -- 2 -- -- 3 -- -- 4 73.16 5,853.08 5493 MMUC FA FINANCE MANAGER 0 50.13 4,010.55 1 52.64 4,211.07 2 55.27 4,421.62 3 58.03 4,642.70 4 60.94 4,874.84 5439 PRUC FA GEOSPATIAL INTEL ANALYST 0 43.51 3,480.83 1 45.69 3,654.88 2 47.97 3,837.63 3 50.37 4,029.51 4 52.89 4,230.98 5289 CONF FA GRAPHIC DESIGNER/WEBMASTER 0 35.46 2,836.61 1 37.23 2,978.45 2 39.09 3,127.38 3 41.05 3,283.74 4 43.10 3,447.94 5453 MMUC FA INFO SYSTEMS PROGRAM MGR 0 50.76 4,060.42 1 53.29 4,263.44 2 55.96 4,476.59 3 58.76 4,700.43 4 61.69 4,935.46 5485 CONF FA INTEL ANLYT 0 32.23 2,578.74 1 33.85 2,707.68 2 35.54 2,843.07 3 37.32 2,985.21 4 39.18 3,134.49 5491 SM FA IVDC-LECC EXEC DIRECTOR 0 57.48 4,598.46 1 60.35 4,828.39 2 63.37 5,069.80 3 66.54 5,323.30 4 69.87 5,589.46 2022/11/08 City Council Post Agenda Page 196 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 24 of 70 5440 MMUC FA LECC INFO TECH MANAGER 0 46.41 3,712.89 1 48.73 3,898.53 2 51.17 4,093.47 3 53.73 4,298.13 4 56.41 4,513.04 5278 CONF FA MANAGEMENT ASSISTANT 0 29.06 2,324.46 1 30.51 2,440.67 2 32.03 2,562.72 3 33.64 2,690.86 4 35.32 2,825.39 5443 PRUC FA MICROCOMPUTER SPECIALIST 0 37.74 3,018.82 1 39.62 3,169.75 2 41.60 3,328.24 3 43.68 3,494.66 4 45.87 3,669.38 5292 PRUC FA NETWORK ADMINISTRATOR I 0 37.98 3,038.08 1 39.87 3,189.99 2 41.87 3,349.49 3 43.96 3,516.96 4 46.16 3,692.82 5294 PRUC FA NETWORK ADMINISTRATOR II 0 41.77 3,341.90 1 43.86 3,509.00 2 46.06 3,684.45 3 48.36 3,868.68 4 50.78 4,062.11 5457 PRUC FA NETWORK ADMINISTRATOR III 0 44.00 3,519.89 1 46.20 3,695.89 2 48.51 3,880.67 3 50.93 4,074.71 4 53.48 4,278.45 5444 PRUC FA PROGRAM ANALYST 0 45.02 3,601.53 1 47.27 3,781.61 2 49.63 3,970.70 3 52.12 4,169.23 4 54.72 4,377.70 2022/11/08 City Council Post Agenda Page 197 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 25 of 70 5451 CONF FA PROGRAM ASSISTANT 0 23.21 1,856.81 1 24.37 1,949.64 2 25.59 2,047.14 3 26.87 2,149.50 4 28.21 2,256.96 5452 PRUC FA PROGRAM ASSISTANT SUPV 0 32.74 2,619.42 1 34.38 2,750.39 2 36.10 2,887.91 3 37.90 3,032.31 4 39.80 3,183.91 5445 SM FA PROGRAM MANAGER 0 51.27 4,101.82 1 53.91 4,312.51 2 56.53 4,522.26 3 59.35 4,748.36 4 62.32 4,985.80 5497 MMUC FA PUBLIC-PRVT PART EXER MGR 0 47.20 3,776.15 1 49.56 3,964.95 2 52.04 4,163.19 3 54.64 4,371.36 4 57.37 4,589.93 5284 CONF FA RCFL NETWORK ENGINEER 0 37.41 2,992.56 1 39.28 3,142.18 2 41.24 3,299.30 3 43.30 3,464.26 4 45.47 3,637.47 5495 PRUC FA SENIOR FINANCIAL ANALYST 0 35.28 2,822.32 1 37.04 2,963.43 2 38.90 3,111.62 3 40.84 3,267.19 4 42.88 3,430.55 5483 PRUC FA SENIOR INTELLIGENCE ANALYST 0 37.15 2,972.19 1 39.01 3,120.81 2 40.96 3,276.85 3 43.01 3,440.69 4 45.16 3,612.72 2022/11/08 City Council Post Agenda Page 198 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 26 of 70 5454 CONF FA SENIOR PROGRAM ASSISTANT 0 27.61 2,209.13 1 28.99 2,319.58 2 30.44 2,435.57 3 31.97 2,557.35 4 33.57 2,685.22 5477 CONF FA SENIOR SECRETARY 0 23.88 1,910.12 1 25.07 2,005.63 2 26.32 2,105.90 3 27.64 2,211.21 4 29.02 2,321.76 5489 PRUC FA SUP INTEL ANALYST I 0 40.87 3,269.42 1 42.91 3,432.89 2 45.06 3,604.53 3 47.31 3,784.76 4 49.68 3,974.00 5487 PRUC FA SUP INTEL ANALYST II 0 47.00 3,759.83 1 49.35 3,947.82 2 51.82 4,145.22 3 54.41 4,352.48 4 57.13 4,570.10 4051 SM FAC FINANCE MANAGER 0 49.72 3,977.41 1 -- -- 2 -- -- 3 -- -- 4 60.43 4,834.56 6425 MM FACILITIES MANAGER 0 46.12 3,689.71 1 48.43 3,874.19 2 50.85 4,067.90 3 53.39 4,271.30 4 56.06 4,484.87 7471 ACE FIELD MAINTENANCE SPECIALIST 0 22.46 1,796.83 1 23.58 1,886.67 2 24.76 1,981.00 3 26.00 2,080.06 4 27.30 2,184.06 2022/11/08 City Council Post Agenda Page 199 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 27 of 70 3623 SM FINANCE MGR 0 56.57 4,525.50 1 -- -- 2 -- -- 3 -- -- 4 68.76 5,500.78 3624 SM FINANCE MGR (CPA) 0 62.23 4,978.05 1 -- -- 2 69.33 5,546.16 3 -- -- 4 75.64 6,050.86 3622 UCHR FINANCE MGR CPA (HOURLY) 0 62.23 -- 1 -- -- 2 69.33 -- 3 -- -- 4 75.64 -- 6521 ACE FIRE APPARATUS MECHANIC (T) 0 34.39 2,751.50 1 36.11 2,889.07 2 37.92 3,033.53 3 39.82 3,185.21 4 41.81 3,344.47 5511 IAFF FIRE BATTALION CHIEF - A 0 40.03 4,483.11 1 42.03 4,707.28 2 44.13 4,942.65 3 46.34 5,189.78 4 48.65 5,449.26 5513 IAFF FIRE BATTALION CHIEF - C 0 56.04 4,483.12 1 58.84 4,707.28 2 61.78 4,942.64 3 64.87 5,189.77 4 68.12 5,449.26 5583 IAFF FIRE CAPTAIN - A 0 32.32 3,619.73 1 33.93 3,800.71 2 35.63 3,990.75 3 37.41 4,190.29 4 39.28 4,399.79 2022/11/08 City Council Post Agenda Page 200 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 28 of 70 5582 IAFF FIRE CAPTAIN - B 0 43.09 3,619.73 1 45.25 3,800.70 2 47.51 3,990.74 3 49.88 4,190.28 4 52.38 4,399.79 5581 IAFF FIRE CAPTAIN - C 0 45.25 3,619.73 1 47.51 3,800.70 2 49.88 3,990.74 3 52.38 4,190.28 4 55.00 4,399.79 5501 EXEC FIRE CHIEF 0 89.11 7,128.92 1 -- -- 2 105.63 8,450.16 3 -- -- 4 108.31 8,664.85 5507 MMUC FIRE DIVISION CHIEF 0 65.45 5,235.91 1 68.72 5,497.70 2 72.16 5,772.59 3 75.77 6,061.21 4 79.55 6,364.27 5603 IAFF FIRE ENGINEER - A 0 28.07 3,144.14 1 29.48 3,301.35 2 30.95 3,466.42 3 32.50 3,639.74 4 34.12 3,821.72 5601 IAFF FIRE ENGINEER - C 0 39.30 3,144.15 1 41.27 3,301.35 2 43.33 3,466.42 3 45.50 3,639.74 4 47.77 3,821.73 5536 UCHR FIRE INSPECTOR 0 32.44 -- 1 34.06 -- 2 35.76 -- 3 37.55 -- 4 39.43 -- 2022/11/08 City Council Post Agenda Page 201 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 29 of 70 5530 IAFF FIRE INSPECTOR/INVESTIGATOR I 0 32.44 2,594.95 1 34.06 2,724.70 2 35.76 2,860.94 3 37.55 3,003.99 4 39.43 3,154.19 5534 UCHR FIRE INSPECTOR/INVESTIGATOR I 0 32.44 -- 1 34.06 -- 2 35.76 -- 3 37.55 -- 4 39.43 -- 5531 IAFF FIRE INSPECTOR/INVESTIGATOR II 0 35.68 2,854.44 1 37.46 2,997.16 2 39.34 3,147.02 3 41.30 3,304.37 4 43.37 3,469.59 5532 UCHR FIRE INSPECTOR/INVESTIGATOR II 0 35.68 -- 1 37.46 -- 2 39.34 -- 3 41.30 -- 4 43.37 -- 5555 ACE FIRE INVENTORY SPECIALIST 0 27.42 2,193.64 1 28.79 2,303.32 2 30.23 2,418.48 3 31.74 2,539.39 4 33.33 2,666.38 5533 UCHR FIRE PREVENTION AIDE 0 15.57 -- 1 16.34 -- 2 17.16 -- 3 18.02 -- 4 18.92 -- 5528 IAFF FIRE PREVENTION ENG/INVSTGTR 0 43.04 3,442.80 1 45.19 3,614.94 2 47.45 3,795.68 3 49.82 3,985.47 4 52.31 4,184.74 2022/11/08 City Council Post Agenda Page 202 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 30 of 70 5537 ACE FIRE PREVENTION SPECIALIST 0 26.27 2,101.24 1 27.58 2,206.30 2 28.96 2,316.62 3 30.41 2,432.46 4 32.00 2,560.19 5625 ACE FIRE RECRUIT 0 24.99 1,998.81 1 26.23 2,098.75 2 27.55 2,203.69 3 28.92 2,313.87 4 30.37 2,429.57 5623 IAFF FIREFIGHTER - A 0 23.28 2,607.73 1 24.45 2,738.12 2 25.67 2,875.02 3 26.95 3,018.78 4 28.30 3,169.70 5621 IAFF FIREFIGHTER - C 0 32.60 2,607.73 1 34.23 2,738.12 2 35.94 2,875.02 3 37.73 3,018.77 4 39.62 3,169.71 5613 IAFF FIREFIGHTER/PARAMEDIC - A 0 26.78 2,998.89 1 28.11 3,148.84 2 29.52 3,306.28 3 31.00 3,471.59 4 32.55 3,645.16 5612 IAFF FIREFIGHTER/PARAMEDIC - B 0 35.70 2,998.88 1 37.49 3,148.84 2 39.36 3,306.28 3 41.33 3,471.58 4 43.39 3,645.17 5611 IAFF FIREFIGHTER/PARAMEDIC - C 0 37.49 2,998.89 1 39.36 3,148.84 2 41.33 3,306.28 3 43.39 3,471.58 4 45.56 3,645.17 2022/11/08 City Council Post Agenda Page 203 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 31 of 70 0216 PRCF FISCAL AND MANAGEMENT ANALYST 0 49.11 3,928.65 1 51.56 4,125.08 2 54.14 4,331.33 3 56.85 4,547.90 4 59.69 4,775.30 3627 MMCF FISCAL DEBT MGMT ANALYST 0 49.11 3,928.65 1 51.56 4,125.08 2 54.14 4,331.33 3 56.85 4,547.90 4 59.69 4,775.30 0169 ACE FISCAL OFFICE SPECIALIST 0 20.72 1,657.55 1 21.76 1,740.44 2 22.84 1,827.45 3 23.99 1,918.81 4 25.18 2,014.76 0170 UCHR FISCAL OFFICE SPECIALIST 0 20.72 -- 1 21.76 -- 2 22.84 -- 3 23.99 -- 4 25.18 -- 6513 ACE FLEET INVENTORY CONTROL SPEC 0 27.42 2,193.64 1 28.79 2,303.32 2 30.23 2,418.48 3 31.74 2,539.39 4 33.33 2,666.38 6501 MM FLEET MANAGER 0 44.98 3,598.70 1 47.23 3,778.63 2 49.59 3,967.56 3 52.07 4,165.94 4 54.68 4,374.23 6507 ACE FLEET SUPERVISOR 0 37.00 2,960.05 1 38.85 3,108.05 2 40.79 3,263.46 3 42.83 3,426.63 4 44.97 3,597.96 2022/11/08 City Council Post Agenda Page 204 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 32 of 70 5114 ACE FORENSICS SPECIALIST 0 32.86 2,628.62 1 34.50 2,760.05 2 36.23 2,898.09 3 38.04 3,042.97 4 39.94 3,195.12 6629 UCHR GARDENER (SEASONAL) 0 18.19 -- 1 19.10 -- 2 20.06 -- 3 21.06 -- 4 22.11 -- 3079 MM GIS MANAGER 0 47.49 3,799.18 1 49.86 3,989.14 2 52.36 4,188.59 3 54.98 4,398.02 4 57.72 4,617.93 3081 ACE GIS SPECIALIST 0 33.42 2,673.78 1 35.09 2,807.47 2 36.85 2,947.84 3 38.69 3,095.23 4 40.63 3,250.00 2775 ACE GRAPHIC DESIGNER 0 29.31 2,344.98 1 30.78 2,462.22 2 32.32 2,585.33 3 33.93 2,714.61 4 35.63 2,850.32 4321 MM HOMELESS SERVICES MANAGER 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 4311 MM HOUSING MANAGER 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 2022/11/08 City Council Post Agenda Page 205 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 33 of 70 3310 PRCF HUMAN RESOURCES ANALYST 0 36.13 2,890.23 1 37.93 3,034.74 2 39.83 3,186.48 3 41.82 3,345.80 4 43.91 3,513.09 3312 UCHR HUMAN RESOURCES ANALYST 0 36.13 -- 1 37.93 -- 2 39.83 -- 3 41.82 -- 4 43.91 -- 3331 SM HUMAN RESOURCES MANAGER 0 60.21 4,817.18 1 -- -- 2 -- -- 3 -- -- 4 73.19 5,855.08 3332 UCHR HUMAN RESOURCES MANAGER 0 60.21 -- 1 -- -- 2 -- -- 3 -- -- 4 73.19 -- 3314 UCHR HUMAN RESOURCES TECHNICIAN 0 26.69 -- 1 28.02 -- 2 29.42 -- 3 30.89 -- 4 32.44 -- 3315 CONF HUMAN RESOURCES TECHNICIAN 0 26.69 2,135.03 1 28.02 2,241.79 2 29.42 2,353.87 3 30.89 2,471.56 4 32.44 2,595.15 6430 ACE HVAC TECHNICIAN 0 29.89 2,391.39 1 31.39 2,510.96 2 32.96 2,636.51 3 34.60 2,768.33 4 36.33 2,906.76 2022/11/08 City Council Post Agenda Page 206 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 34 of 70 5104 SM INFO TECHNOLOGY MANAGER 0 57.88 4,630.03 1 -- -- 2 62.69 5,015.54 3 -- -- 4 69.45 5,556.25 3055 PROF INFO TECHNOLOGY SEC ANALYST 0 47.62 3,809.28 1 50.00 3,999.74 2 52.50 4,199.73 3 55.12 4,409.71 4 57.88 4,630.20 3014 PROF INFO TECHNOLOGY SPECIALIST (T) 0 37.74 3,018.83 1 39.62 3,169.76 2 41.60 3,328.25 3 43.68 3,494.67 4 45.87 3,669.40 3017 ACE INFO TECHNOLOGY TECHNICIAN 0 28.76 2,300.58 1 30.20 2,415.62 2 31.70 2,536.39 3 33.29 2,663.21 4 34.95 2,796.37 3018 UCHR INFO TECHNOLOGY TECHNICIAN 0 28.76 -- 1 30.20 -- 2 31.71 -- 3 33.29 -- 4 34.95 -- 0269 UCHR INTERN - GRADUATE 0 16.50 -- 1 17.33 -- 2 18.19 -- 3 19.10 -- 4 20.06 -- 0267 UCHR INTERN - UNDERGRADUATE 0 15.00 -- 1 15.75 -- 2 16.54 -- 3 17.36 -- 4 18.23 -- 2022/11/08 City Council Post Agenda Page 207 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 35 of 70 4480 PROF LANDSCAPE ARCHITECT 0 41.12 3,289.42 1 43.17 3,453.89 2 45.33 3,626.59 3 47.60 3,807.91 4 49.98 3,998.31 6291 ACE LANDSCAPE INSPECTOR 0 35.20 2,816.37 1 36.96 2,957.19 2 38.81 3,105.05 3 40.75 3,260.31 4 42.79 3,423.32 4482 ACE LANDSCAPE PLANNER I 0 33.31 2,665.16 1 34.98 2,798.42 2 36.73 2,938.34 3 38.57 3,085.26 4 40.49 3,239.52 4483 ACE LANDSCAPE PLANNER II 0 36.65 2,931.67 1 38.48 3,078.26 2 40.40 3,232.18 3 42.42 3,393.78 4 44.54 3,563.47 5111 ACE LATENT PRINT EXAMINER 0 37.79 3,022.93 1 39.68 3,174.09 2 41.66 3,332.78 3 43.74 3,499.43 4 45.93 3,674.38 5112 UCHR LATENT PRINT EXAMINER 0 37.79 -- 1 39.68 -- 2 41.66 -- 3 43.74 -- 4 45.93 -- 2465 MMUC LAW OFFICE MANAGER 0 37.81 3,024.65 1 39.70 3,175.89 2 41.68 3,334.68 3 43.77 3,501.43 4 45.96 3,676.50 2022/11/08 City Council Post Agenda Page 208 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 36 of 70 6663 ACE LEAD CUSTODIAN 0 22.31 1,784.92 1 23.43 1,874.16 2 24.60 1,967.88 3 25.83 2,066.27 4 27.12 2,169.58 0183 CONF LEGAL ASSISTANT 0 27.99 2,239.22 1 29.39 2,351.18 2 30.86 2,468.75 3 32.40 2,592.17 4 34.02 2,721.78 7075 ACE LIBRARIAN I 0 28.21 2,256.69 1 29.62 2,369.52 2 31.10 2,488.00 3 32.66 2,612.40 4 34.29 2,743.02 7076 UCHR LIBRARIAN I 0 28.21 -- 1 29.62 -- 2 31.10 -- 3 32.66 -- 4 34.29 -- 7073 ACE LIBRARIAN II 0 31.03 2,482.35 1 32.58 2,606.48 2 34.21 2,736.80 3 35.92 2,873.64 4 37.72 3,017.32 7074 UCHR LIBRARIAN II 0 31.03 -- 1 32.58 -- 2 34.21 -- 3 35.92 -- 4 37.72 -- 7071 ACE LIBRARIAN III 0 34.13 2,730.59 1 35.84 2,867.13 2 37.63 3,010.48 3 39.51 3,161.00 4 41.49 3,319.06 2022/11/08 City Council Post Agenda Page 209 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 37 of 70 7181 UCHR LIBRARY AIDE 0 15.00 -- 1 15.75 -- 2 16.54 -- 3 17.36 -- 4 18.23 -- 7157 ACE LIBRARY ASSISTANT 0 19.12 1,529.28 1 20.07 1,605.76 2 21.08 1,686.03 3 22.13 1,770.33 4 23.24 1,858.86 7091 ACE LIBRARY ASSOCIATE 0 24.16 1,932.84 1 25.37 2,029.48 2 26.64 2,130.96 3 27.97 2,237.51 4 29.37 2,349.40 7092 UCHR LIBRARY ASSOCIATE 0 24.16 -- 1 25.37 -- 2 26.64 -- 3 27.97 -- 4 29.37 -- 7025 MM LIBRARY DIGITAL SERVICES MGR 0 44.70 3,576.06 1 46.94 3,754.85 2 49.28 3,942.59 3 51.75 4,139.73 4 54.33 4,346.72 7029 MM LIBRARY OPERATIONS MANAGER 0 51.43 4,114.31 1 54.00 4,320.04 2 56.70 4,536.03 3 59.54 4,762.83 4 62.51 5,000.97 7121 ACE LIBRARY TECHNICIAN 0 21.98 1,758.68 1 23.08 1,846.62 2 24.24 1,938.96 3 25.45 2,035.90 4 26.72 2,137.69 2022/11/08 City Council Post Agenda Page 210 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 38 of 70 7587 UCHR LIFEGUARD I 0 16.02 -- 1 16.82 -- 2 17.66 -- 3 18.54 -- 4 19.47 -- 7585 UCHR LIFEGUARD II 0 17.61 -- 1 18.49 -- 2 19.42 -- 3 20.39 -- 4 21.41 -- 6443 ACE LOCKSMITH 0 27.93 2,234.20 1 29.32 2,345.90 2 30.79 2,463.20 3 32.33 2,586.36 4 33.95 2,715.69 6377 ACE MAINTENANCE WORKER I 0 20.99 1,679.22 1 22.04 1,763.18 2 23.14 1,851.34 3 24.30 1,943.91 4 25.51 2,041.10 6379 UCHR MAINTENANCE WORKER I 0 20.99 -- 1 22.04 -- 2 23.14 -- 3 24.30 -- 4 25.51 -- 6373 ACE MAINTENANCE WORKER II 0 23.09 1,847.14 1 24.24 1,939.50 2 25.46 2,036.47 3 26.73 2,138.30 4 28.07 2,245.21 0228 CONF MANAGEMENT ANALYST I 0 31.75 2,540.11 1 33.34 2,667.11 2 35.01 2,800.47 3 36.76 2,940.50 4 38.59 3,087.51 2022/11/08 City Council Post Agenda Page 211 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 39 of 70 0229 ACE MANAGEMENT ANALYST I 0 31.75 2,540.11 1 33.34 2,667.11 2 35.01 2,800.47 3 36.76 2,940.50 4 38.59 3,087.51 0224 CONF MANAGEMENT ANALYST II 0 34.93 2,794.12 1 36.67 2,933.83 2 38.51 3,080.50 3 40.43 3,234.53 4 42.45 3,396.25 0227 ACE MANAGEMENT ANALYST II 0 34.93 2,794.12 1 36.67 2,933.83 2 38.51 3,080.50 3 40.43 3,234.53 4 42.45 3,396.25 2781 SM MARKETING & COMMUNICATIONS MGR 0 60.41 4,832.76 1 -- -- 2 62.11 4,969.08 3 -- -- 4 73.43 5,874.25 2001 MY MAYOR 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 72.70 5,816.25 6550 ACE MECHANIC ASSISTANT 0 22.53 1,802.27 1 23.65 1,892.38 2 24.84 1,987.00 3 26.08 2,086.35 4 27.38 2,190.66 0238 CONF MGMT ANALYST I (CM'S OFFICE) 0 31.75 2,540.11 1 33.34 2,667.11 2 35.01 2,800.47 3 36.76 2,940.50 4 38.59 3,087.51 2022/11/08 City Council Post Agenda Page 212 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 40 of 70 5571 PROF MULTIMEDIA DESIGNER 0 33.91 2,712.63 1 35.60 2,848.26 2 37.38 2,990.68 3 39.25 3,140.21 4 41.22 3,297.22 5569 ACE MULTIMEDIA PRODUCTON SPCLST 0 28.22 2,257.24 1 29.63 2,370.10 2 31.11 2,488.61 3 32.66 2,613.04 4 34.30 2,743.69 0160 UCHR OFFICE SPECIALIST 0 19.73 -- 1 20.72 -- 2 21.76 -- 3 22.84 -- 4 23.98 -- 0161 ACE OFFICE SPECIALIST 0 19.73 1,578.59 1 20.72 1,657.52 2 21.76 1,740.41 3 22.84 1,827.42 4 23.98 1,918.78 0162 ACE OFFICE SPECIALIST-MAYOR 0 19.73 1,578.59 1 20.72 1,657.52 2 21.76 1,740.41 3 22.84 1,827.42 4 23.98 1,918.78 6311 ACE OPEN SPACE INSPECTOR 0 35.20 2,816.37 1 36.96 2,957.19 2 38.81 3,105.05 3 40.75 3,260.31 4 42.79 3,423.32 6302 MM OPEN SPACE MANAGER 0 43.60 3,488.22 1 45.78 3,662.63 2 48.07 3,845.76 3 50.48 4,038.05 4 53.00 4,239.96 2022/11/08 City Council Post Agenda Page 213 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 41 of 70 6434 ACE PAINTER 0 26.66 2,132.66 1 27.99 2,239.28 2 29.39 2,351.24 3 30.86 2,468.82 4 32.40 2,592.25 2475 CONF PARALEGAL 0 30.04 2,403.02 1 31.54 2,523.16 2 33.12 2,649.33 3 34.77 2,781.80 4 36.51 2,920.88 2476 UCHR PARALEGAL 0 30.04 -- 1 31.54 -- 2 33.12 -- 3 34.77 -- 4 36.51 -- 5655 NIAF PARAMEDIC (NON-SAFETY) 0 18.72 1 19.66 2 20.64 3 21.67 4 22.75 5656 UCHR PARAMEDIC (NS/HRLY) 0 18.72 -- 1 19.66 -- 2 20.64 -- 3 21.67 -- 4 22.75 -- 7434 UCHR PARK RANGER 0 15.89 -- 1 16.68 -- 2 17.51 -- 3 18.39 -- 4 19.31 -- 7431 PROF PARK RANGER PROGRAM MANAGER 0 45.02 3,601.25 1 47.27 3,781.31 2 49.63 3,970.38 3 52.11 4,168.90 4 54.72 4,377.34 2022/11/08 City Council Post Agenda Page 214 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 42 of 70 7441 ACE PARK RANGER SUPERVISOR 0 34.01 2,720.57 1 35.71 2,856.59 2 37.49 2,999.43 3 39.37 3,149.40 4 41.34 3,306.87 5152 UCHR PARKING ENFORCEMENT OFFICER 0 21.24 -- 1 22.30 -- 2 23.42 -- 3 24.59 -- 4 25.82 -- 5154 ACE PARKING ENFORCEMENT OFFICER 0 21.24 1,699.41 1 22.30 1,784.38 2 23.42 1,873.60 3 24.59 1,967.27 4 25.82 2,065.64 3693 ACE PARKING METER TECHNICIAN 0 23.37 1,869.35 1 24.54 1,962.82 2 25.76 2,060.96 3 27.05 2,164.00 4 28.40 2,272.20 7407 SM PARKS & RECREATION ADM 0 60.46 4,837.00 1 63.49 5,078.84 2 66.66 5,332.79 3 69.99 5,599.42 4 73.49 5,879.39 6619 ACE PARKS MAINT WORKER I 0 21.02 1,681.52 1 22.07 1,765.59 2 23.17 1,853.87 3 24.33 1,946.57 4 25.55 2,043.90 6617 ACE PARKS MAINT WORKER II 0 23.12 1,849.67 1 24.28 1,942.15 2 25.49 2,039.27 3 26.77 2,141.22 4 28.10 2,248.28 2022/11/08 City Council Post Agenda Page 215 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 43 of 70 6604 MM PARKS MANAGER 0 43.61 3,488.47 1 45.79 3,662.89 2 48.08 3,846.03 3 50.48 4,038.33 4 53.00 4,240.24 6605 ACE PARKS SUPERVISOR 0 34.01 2,720.57 1 35.71 2,856.59 2 37.49 2,999.43 3 39.37 3,149.40 4 41.34 3,306.87 3665 CONF PAYROLL SPECIALIST 0 28.16 2,252.44 1 29.56 2,365.06 2 31.04 2,483.31 3 32.59 2,607.48 4 34.22 2,737.85 3663 CONF PAYROLL SUPERVISOR 0 33.32 2,665.99 1 34.99 2,799.30 2 36.74 2,939.26 3 38.58 3,086.22 4 40.51 3,240.54 5061 POA PEACE OFFICER 0 42.17 3,373.65 1 44.28 3,542.32 2 46.49 3,719.44 3 48.82 3,905.41 4 51.26 4,100.68 4731 MM PLAN CHECK SUPERVISOR 0 50.36 4,028.85 1 52.88 4,230.28 2 55.52 4,441.80 3 58.30 4,663.89 4 61.21 4,897.07 4753 ACE PLAN CHECK TECHNICIAN 0 30.61 2,449.02 1 32.14 2,571.47 2 33.75 2,700.04 3 35.44 2,835.05 4 37.21 2,976.80 2022/11/08 City Council Post Agenda Page 216 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 44 of 70 4727 SM PLANNING MANAGER 0 63.92 5,113.63 1 -- -- 2 68.97 5,517.68 3 72.42 5,793.56 4 77.11 6,169.01 4527 ACE PLANNING TECHNICIAN 0 25.15 2,012.24 1 26.41 2,112.83 2 27.73 2,218.47 3 29.12 2,329.40 4 30.57 2,445.87 6432 ACE PLUMBER 0 29.89 2,391.39 1 31.39 2,510.96 2 32.96 2,636.51 3 34.60 2,768.33 4 36.33 2,906.76 5025 SM POLICE ADMIN SVCS ADMINISTRATR 0 58.71 4,696.90 1 -- -- 2 -- -- 3 -- -- 4 71.36 5,708.92 5051 POA POLICE AGENT 0 46.44 3,714.92 1 48.76 3,900.67 2 51.20 4,095.70 3 53.76 4,300.47 4 56.44 4,515.49 5022 SM POLICE CAPTAIN 0 80.90 6,472.10 1 -- -- 2 -- -- 3 -- -- 4 98.33 7,866.56 5258 ACE POLICE COMM RELATIONS SPEC 0 26.87 2,149.75 1 28.22 2,257.24 2 29.63 2,370.10 3 31.11 2,488.61 4 32.66 2,613.04 2022/11/08 City Council Post Agenda Page 217 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 45 of 70 5185 MM POLICE COMMUNICATIONS SYS MGR 0 47.77 3,821.44 1 50.16 4,012.51 2 52.66 4,213.14 3 55.30 4,423.79 4 58.06 4,644.98 5187 UCHR POLICE DISPATCH CALLTAKER 0 20.66 -- 1 21.69 -- 2 22.78 -- 3 23.92 -- 4 25.11 -- 5180 UCHR POLICE DISPATCHER 0 29.72 -- 1 31.21 -- 2 32.77 -- 3 34.41 -- 4 36.13 -- 5181 ACE POLICE DISPATCHER 0 29.72 2,377.95 1 31.21 2,496.85 2 32.77 2,621.69 3 34.41 2,752.77 4 36.13 2,890.40 5183 ACE POLICE DISPATCHER SUPERVISOR 0 34.59 2,767.24 1 36.32 2,905.60 2 38.14 3,050.88 3 40.04 3,203.43 4 42.05 3,363.60 5179 ACE POLICE DISPATCHER TRAINEE 0 27.02 2,161.77 1 28.37 2,269.86 2 29.79 2,383.35 3 31.28 2,502.52 4 32.85 2,627.64 5191 ACE POLICE FACILITY & SUPPLY COORD 0 27.42 2,193.64 1 28.79 2,303.32 2 30.23 2,418.48 3 31.74 2,539.39 4 33.33 2,666.38 2022/11/08 City Council Post Agenda Page 218 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 46 of 70 5031 POA POLICE LIEUTENANT 0 64.10 5,128.31 1 67.31 5,384.72 2 70.67 5,653.96 3 74.21 5,936.67 4 77.92 6,233.50 5203 ACE POLICE RECORDS & SUPPORT SUPV 0 26.60 2,127.95 1 27.93 2,234.35 2 29.33 2,346.07 3 30.79 2,463.37 4 32.33 2,586.54 0165 ACE POLICE RECORDS SPECIALIST 0 20.11 1,609.04 1 21.12 1,689.49 2 22.17 1,773.96 3 23.28 1,862.66 4 24.45 1,955.80 0166 UCHR POLICE RECORDS SPECIALIST 0 20.11 -- 1 21.12 -- 2 22.17 -- 3 23.28 -- 4 24.45 -- 5071 ACE POLICE RECRUIT 0 31.93 2,554.55 1 33.53 2,682.26 2 35.20 2,816.37 3 36.96 2,957.19 4 38.81 3,105.05 5041 POA POLICE SERGEANT 0 53.42 4,273.27 1 56.09 4,486.94 2 58.89 4,711.29 3 61.84 4,946.84 4 64.93 5,194.19 5415 ACE POLICE SERVICES TECHNICIAN 0 25.33 2,026.01 1 26.59 2,127.31 2 27.92 2,233.69 3 29.32 2,345.36 4 30.78 2,462.64 2022/11/08 City Council Post Agenda Page 219 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 47 of 70 5207 UCHR POLICE SUPPORT SERVICES AIDE 0 15.00 -- 1 15.75 -- 2 16.54 -- 3 17.36 -- 4 18.23 -- 5205 MM POLICE SUPPORT SERVICES MGR 0 44.64 3,570.92 1 46.87 3,749.47 2 49.21 3,936.94 3 51.67 4,133.78 4 54.26 4,340.47 5209 MM POLICE TECHNOLOGY MANAGER 0 47.49 3,799.18 1 49.86 3,989.14 2 52.36 4,188.59 3 54.98 4,398.02 4 57.72 4,617.93 5107 ACE POLICE TECHNOLOGY SPECIALIST 0 40.04 3,202.98 1 42.04 3,363.13 2 44.14 3,531.29 3 46.35 3,707.84 4 48.67 3,893.24 2013 PRUC POLICY AIDE 0 30.23 2,418.29 1 31.74 2,539.21 2 33.33 2,666.16 3 34.99 2,799.47 4 36.74 2,939.45 3629 MMCF PRINCIPAL ACCOUNTANT 0 44.25 3,539.84 1 46.46 3,716.83 2 48.78 3,902.67 3 51.22 4,097.80 4 53.78 4,302.69 6021 MM PRINCIPAL CIVIL ENGINEER 0 61.12 4,889.53 1 64.18 5,134.01 2 67.38 5,390.71 3 70.75 5,660.25 4 74.29 5,943.26 2022/11/08 City Council Post Agenda Page 220 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 48 of 70 2724 MM PRINCIPAL ECON DEV SPECIALIST 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 4486 MM PRINCIPAL LANDSCAPE ARCHITECT 0 51.40 4,112.15 1 53.97 4,317.76 2 56.67 4,533.65 3 59.50 4,760.33 4 62.48 4,998.34 7051 MM PRINCIPAL LIBRARIAN 0 44.70 3,576.06 1 46.94 3,754.85 2 49.28 3,942.59 3 51.75 4,139.73 4 54.33 4,346.72 0208 PROF PRINCIPAL MANAGEMENT ANALYST 0 46.77 3,741.61 1 49.11 3,928.69 2 51.56 4,125.12 3 54.14 4,331.38 4 56.85 4,547.95 0214 PRCF PRINCIPAL MANAGEMENT ANALYST 0 46.77 3,741.61 1 49.11 3,928.69 2 51.56 4,125.12 3 54.14 4,331.38 4 56.85 4,547.95 4431 MM PRINCIPAL PLANNER 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 4212 PROF PRINCIPAL PROJECT COORDINATOR 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 2022/11/08 City Council Post Agenda Page 221 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 49 of 70 7410 MM PRINCIPAL RECREATION MANAGER 0 44.96 3,596.56 1 47.20 3,776.38 2 49.57 3,965.20 3 52.04 4,163.46 4 54.65 4,371.64 6020 MM PRINCIPAL TRAFFIC ENGINEER 0 61.12 4,889.53 1 64.18 5,134.01 2 67.38 5,390.71 3 70.75 5,660.25 4 74.29 5,943.26 3717 MM PROCUREMENT SERVICES ANALYST 0 44.26 3,541.02 1 46.48 3,718.07 2 48.80 3,903.97 3 51.24 4,099.17 4 53.80 4,304.13 3721 ACE PROCUREMENT SPECIALIST 0 31.12 2,489.40 1 32.67 2,613.85 2 34.31 2,744.53 3 36.02 2,881.78 4 37.82 3,025.86 3090 PROF PROGRAMMER ANALYST 0 39.86 3,188.54 1 41.85 3,347.96 2 43.94 3,515.37 3 46.14 3,691.14 4 48.45 3,875.69 4217 ACE PROJECT COORDINATOR I 0 33.31 2,665.16 1 34.98 2,798.42 2 36.73 2,938.34 3 38.57 3,085.26 4 40.49 3,239.52 4218 UCHR PROJECT COORDINATOR I 0 33.31 -- 1 34.98 -- 2 36.73 -- 3 38.57 -- 4 40.49 -- 2022/11/08 City Council Post Agenda Page 222 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 50 of 70 4215 ACE PROJECT COORDINATOR II 0 36.65 2,931.67 1 38.48 3,078.26 2 40.40 3,232.18 3 42.42 3,393.78 4 44.54 3,563.47 5127 ACE PROPERTY & EVIDENCE SPECIALIST 0 22.25 1,779.83 1 23.36 1,868.82 2 24.53 1,962.27 3 25.75 2,060.38 4 27.04 2,163.40 5128 UCHR PROPERTY & EVIDENCE SPECIALIST 0 22.25 -- 1 23.36 -- 2 24.53 -- 3 25.75 -- 4 27.04 -- 5121 ACE PROPERTY & EVIDENCE SUPERVISOR 0 29.42 2,353.82 1 30.89 2,471.52 2 32.44 2,595.09 3 34.06 2,724.85 4 35.76 2,861.09 2782 CONF PUBLIC INFORMATION SPECIALIST 0 31.32 2,505.96 1 32.89 2,631.28 2 34.54 2,762.82 3 36.26 2,900.97 4 38.08 3,046.02 2783 ACE PUBLIC INFORMATION SPECIALIST 0 31.32 2,505.96 1 32.89 2,631.28 2 34.54 2,762.82 3 36.26 2,900.97 4 38.08 3,046.02 5254 ACE PUBLIC SAFETY ANALYST 0 34.28 2,742.22 1 35.99 2,879.33 2 37.79 3,023.30 3 39.68 3,174.48 4 41.66 3,333.19 2022/11/08 City Council Post Agenda Page 223 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 51 of 70 5256 UCHR PUBLIC SAFETY ANALYST 0 34.28 -- 1 35.99 -- 2 37.79 -- 3 39.68 -- 4 41.66 -- 6123 ACE PUBLIC WORKS INSPECTOR I 0 32.00 2,560.35 1 33.60 2,688.35 2 35.28 2,822.78 3 37.05 2,963.91 4 38.90 3,112.11 6121 ACE PUBLIC WORKS INSPECTOR II 0 35.20 2,816.36 1 36.96 2,957.18 2 38.81 3,105.03 3 40.75 3,260.31 4 42.79 3,423.31 6336 MM PUBLIC WORKS MANAGER 0 45.83 3,666.11 1 48.12 3,849.41 2 50.52 4,041.88 3 53.05 4,243.98 4 55.70 4,456.18 6712 ACE PUBLIC WORKS SPECIALIST 0 25.51 2,040.85 1 26.79 2,142.88 2 28.13 2,250.02 3 29.53 2,362.52 4 31.01 2,480.67 6327 SM PUBLIC WORKS SUPERINTENDENT 0 58.78 4,702.35 1 61.72 4,937.46 2 64.80 5,184.34 3 68.04 5,443.55 4 71.45 5,715.74 6337 ACE PUBLIC WORKS SUPERVISOR 0 34.01 2,720.57 1 35.71 2,856.59 2 37.49 2,999.43 3 39.37 3,149.40 4 41.34 3,306.87 2022/11/08 City Council Post Agenda Page 224 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 52 of 70 6392 ACE PUMP MAINTENANCE SUPERVISOR 0 34.57 2,765.93 1 36.30 2,904.24 2 38.12 3,049.44 3 40.02 3,201.91 4 42.03 3,362.01 6396 ACE PUMP MAINTENANCE TECHNICIAN 0 30.06 2,405.16 1 31.57 2,525.42 2 33.15 2,651.68 3 34.80 2,784.26 4 36.54 2,923.48 5417 ACE RANGE MASTER 0 25.70 2,056.28 1 26.99 2,159.10 2 28.34 2,267.05 3 29.76 2,380.40 4 31.24 2,499.43 5418 UCHR RANGE MASTER 0 25.70 -- 1 26.99 -- 2 28.34 -- 3 29.76 -- 4 31.24 -- 2211 MM RECORDS MANAGER 0 35.55 2,843.62 1 37.32 2,985.81 2 39.19 3,135.09 3 41.15 3,291.86 4 43.21 3,456.44 2217 ACE RECORDS SPECIALIST 0 21.71 1,736.48 1 22.79 1,823.30 2 23.93 1,914.47 3 25.13 2,010.20 4 26.38 2,110.69 7605 UCHR RECREATION AIDE 0 15.00 -- 1 15.75 -- 2 16.54 -- 3 17.36 -- 4 18.23 -- 2022/11/08 City Council Post Agenda Page 225 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 53 of 70 7603 UCHR RECREATION LEADER 0 17.25 -- 1 18.11 -- 2 19.02 -- 3 19.97 -- 4 20.97 -- 7601 UCHR RECREATION SPECIALIST 0 20.70 -- 1 21.74 -- 2 22.82 -- 3 23.96 -- 4 25.16 -- 7425 ACE RECREATION SUPERVISOR I 0 25.88 2,070.77 1 27.18 2,174.30 2 28.54 2,283.03 3 29.96 2,397.17 4 31.46 2,517.03 7426 UCHR RECREATION SUPERVISOR I 0 25.88 -- 1 27.18 -- 2 28.54 -- 3 29.96 -- 4 31.46 -- 7423 ACE RECREATION SUPERVISOR II 0 28.47 2,277.84 1 29.90 2,391.74 2 31.39 2,511.32 3 32.96 2,636.89 4 34.61 2,768.74 7422 ACE RECREATION SUPERVISOR III 0 32.74 2,619.52 1 34.38 2,750.50 2 36.10 2,888.03 3 37.91 3,032.42 4 39.80 3,184.04 2742 ACE RECYCLING SPECIALIST I 0 25.27 2,021.74 1 26.54 2,122.83 2 27.86 2,228.98 3 29.26 2,340.41 4 30.72 2,457.44 2022/11/08 City Council Post Agenda Page 226 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 54 of 70 2744 ACE RECYCLING SPECIALIST II 0 27.80 2,223.92 1 29.19 2,335.13 2 30.65 2,451.87 3 32.18 2,574.47 4 33.79 2,703.19 5307 ACE REGISTERED VETERINARY TECH 0 24.13 1,930.56 1 25.34 2,027.09 2 26.61 2,128.45 3 27.94 2,234.88 4 29.33 2,346.63 5312 UCHR REGISTERED VETERINARY TECH 0 24.13 -- 1 25.34 -- 2 26.61 -- 3 27.94 -- 4 29.33 -- 5081 UCHR RESERVE OFFICER 0 14.24 -- 1 14.95 -- 2 15.69 -- 3 -- -- 4 -- -- 9903 UCHR RET ANNT - HOMELESS SOL COORD 0 37.77 -- 1 39.66 -- 2 41.64 -- 3 43.72 -- 4 45.91 -- 3689 SM REVENUE MANAGER 0 56.57 4,525.50 1 59.40 4,751.77 2 62.37 4,989.36 3 65.49 5,238.83 4 68.76 5,500.78 3367 PRCF RISK MANAGEMENT SPECIALIST 0 37.72 3,017.73 1 39.61 3,168.61 2 41.59 3,327.05 3 43.67 3,493.40 4 45.85 3,668.07 2022/11/08 City Council Post Agenda Page 227 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 55 of 70 0231 UCHR SEASONAL ASSISTANT 0 15.00 -- 1 15.75 -- 2 16.54 -- 3 17.36 -- 4 18.23 -- 0171 ACE SECRETARY 0 21.71 1,736.48 1 22.79 1,823.30 2 23.93 1,914.47 3 25.13 2,010.20 4 26.38 2,110.69 3630 MMCF SENIOR ACCOUNTANT 0 39.86 3,188.83 1 41.85 3,348.27 2 43.95 3,515.68 3 46.14 3,691.47 4 48.45 3,876.04 3632 UCHR SENIOR ACCOUNTANT 0 39.86 -- 1 41.85 -- 2 43.95 -- 3 46.14 -- 4 48.45 -- 3651 ACE SENIOR ACCOUNTING ASSISTANT 0 25.79 2,063.34 1 27.08 2,166.50 2 28.44 2,274.84 3 29.86 2,388.60 4 31.35 2,508.02 0185 ACE SENIOR ADMIN SECRETARY 0 30.49 2,438.99 1 32.01 2,560.93 2 33.61 2,688.99 3 35.29 2,823.41 4 37.06 2,964.59 5345 ACE SENIOR ANIMAL CARE SPECIALIST 0 23.13 1,850.12 1 24.28 1,942.63 2 25.50 2,039.76 3 26.77 2,141.75 4 28.11 2,248.83 2022/11/08 City Council Post Agenda Page 228 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 56 of 70 3089 PROF SENIOR APPLICATION SUPP SPEC 0 44.15 3,532.19 1 46.36 3,708.80 2 48.68 3,894.24 3 51.11 4,088.96 4 53.67 4,293.40 2403 SM SENIOR ASSISTANT CITY ATTORNEY 0 82.87 6,629.20 1 -- -- 2 -- -- 3 -- -- 4 100.72 8,057.84 4781 ACE SENIOR BUILDING INSPECTOR 0 40.49 3,238.81 1 42.51 3,400.76 2 44.64 3,570.80 3 46.87 3,749.34 4 49.21 3,936.79 4507 ACE SENIOR BUSINESS LICENSE REP 0 25.79 2,063.34 1 27.08 2,166.50 2 28.44 2,274.84 3 29.86 2,388.60 4 31.35 2,508.02 6019 WCE SENIOR CIVIL ENGINEER 0 52.06 4,164.62 1 54.66 4,372.85 2 57.39 4,591.49 3 60.26 4,821.07 4 63.28 5,062.12 4763 ACE SENIOR CODE ENFORCEMNT OFFICER 0 38.68 3,094.59 1 40.62 3,249.31 2 42.65 3,411.79 3 44.78 3,582.36 4 47.02 3,761.49 6204 ACE SENIOR CONSERVATION SPECIALIST 0 31.97 2,557.53 1 33.57 2,685.41 2 35.25 2,819.67 3 37.01 2,960.65 4 38.86 3,108.69 2022/11/08 City Council Post Agenda Page 229 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 57 of 70 2025 UCHR SENIOR COUNCIL ASSISTANT 0 28.66 -- 1 30.10 -- 2 31.60 -- 3 33.18 -- 4 34.84 -- 2027 CONF SENIOR COUNCIL ASSISTANT 0 23.80 1,903.84 1 24.99 1,999.03 2 26.24 2,098.98 3 27.55 2,203.92 4 28.93 2,314.13 2725 PROF SENIOR ECON DEVELOPMENT SPEC 0 45.02 3,601.25 1 47.27 3,781.31 2 49.63 3,970.38 3 52.11 4,168.90 4 54.72 4,377.34 6442 ACE SENIOR ELECTRICIAN 0 34.38 2,750.10 1 36.10 2,887.61 2 37.90 3,031.99 3 39.79 3,183.58 4 41.78 3,342.76 6471 ACE SENIOR ELECTRONICS TECHNICIAN 0 37.81 3,025.12 1 39.70 3,176.37 2 41.69 3,335.19 3 43.77 3,501.95 4 45.96 3,677.04 6059 ACE SENIOR ENGINEERING TECHNICIAN 0 35.20 2,816.36 1 36.96 2,957.18 2 38.81 3,105.03 3 40.75 3,260.31 4 42.79 3,423.31 6512 ACE SENIOR EQUIPMENT MECHANIC 0 33.07 2,645.68 1 34.72 2,777.96 2 36.46 2,916.85 3 38.28 3,062.69 4 40.20 3,215.83 2022/11/08 City Council Post Agenda Page 230 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 58 of 70 5529 IAFF SENIOR FIRE INSPECTOR/INVESTIG 0 41.45 3,315.78 1 43.52 3,481.56 2 45.70 3,655.64 3 47.98 3,838.43 4 50.38 4,030.34 0175 ACE SENIOR FISCAL OFFICE SPECIALST 0 22.79 1,823.29 1 23.93 1,914.46 2 25.13 2,010.19 3 26.38 2,110.69 4 27.70 2,216.23 0176 UCHR SENIOR FISCAL OFFICE SPECIALST 0 22.79 -- 1 23.93 -- 2 25.13 -- 3 26.38 -- 4 27.70 -- 3080 ACE SENIOR GIS SPECIALIST 0 36.76 2,941.15 1 38.60 3,088.21 2 40.53 3,242.62 3 42.56 3,404.75 4 44.69 3,574.99 2764 PROF SENIOR GRAPHIC DESIGNER 0 37.16 2,972.99 1 39.02 3,121.64 2 40.97 3,277.73 3 43.02 3,441.61 4 45.17 3,613.68 3308 PRCF SENIOR HR ANALYST 0 41.55 3,323.76 1 43.62 3,489.95 2 45.81 3,664.45 3 48.10 3,847.67 4 50.50 4,040.06 3313 UCHR SENIOR HR ANALYST 0 41.55 -- 1 43.62 -- 2 45.81 -- 3 48.10 -- 4 50.50 -- 2022/11/08 City Council Post Agenda Page 231 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 59 of 70 3316 CONF SENIOR HR TECHNICIAN 0 30.69 2,455.28 1 32.23 2,578.05 2 33.84 2,706.96 3 35.53 2,842.30 4 37.31 2,984.42 6441 ACE SENIOR HVAC TECHNICIAN 0 34.38 2,750.10 1 36.10 2,887.61 2 37.90 3,031.99 3 39.79 3,183.58 4 41.78 3,342.76 3012 PROF SENIOR INFO TECH SUPPORT SPEC 0 39.01 3,120.41 1 40.96 3,276.43 2 43.00 3,440.25 3 45.15 3,612.26 4 47.41 3,792.87 3031 PROF SENIOR ITS/POL SPEC II (T) 0 42.98 3,438.58 1 45.13 3,610.51 2 47.39 3,791.04 3 49.76 3,980.59 4 52.25 4,179.62 6285 WCE SENIOR LAND SURVEYOR 0 52.06 4,164.62 1 54.66 4,372.85 2 57.39 4,591.49 3 60.26 4,821.07 4 63.28 5,062.12 6295 ACE SENIOR LANDSCAPE INSPECTOR 0 40.49 3,238.83 1 42.51 3,400.77 2 44.64 3,570.81 3 46.87 3,749.35 4 49.21 3,936.81 5110 ACE SENIOR LATENT PRINT EXAMINER 0 43.45 3,476.36 1 45.63 3,650.19 2 47.91 3,832.69 3 50.30 4,024.34 4 52.82 4,225.54 2022/11/08 City Council Post Agenda Page 232 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 60 of 70 2463 CONF SENIOR LEGAL ASSISTANT 0 30.79 2,463.14 1 32.33 2,586.28 2 33.95 2,715.60 3 35.64 2,851.38 4 37.42 2,993.96 7053 MM SENIOR LIBRARIAN 0 35.67 2,853.30 1 37.45 2,995.97 2 39.32 3,145.77 3 41.29 3,303.06 4 43.35 3,468.21 7589 UCHR SENIOR LIFEGUARD 0 19.37 -- 1 20.34 -- 2 21.36 -- 3 22.43 -- 4 23.55 -- 6371 ACE SENIOR MAINTENANCE WORKER 0 27.71 2,216.57 1 29.09 2,327.40 2 30.55 2,443.77 3 32.07 2,565.96 4 33.68 2,694.26 0206 PROF SENIOR MANAGEMENT ANALYST 0 42.52 3,401.46 1 44.64 3,571.54 2 46.88 3,750.11 3 49.22 3,937.62 4 51.68 4,134.50 0226 PRCF SENIOR MANAGEMENT ANALYST 0 42.52 3,401.46 1 44.64 3,571.54 2 46.88 3,750.11 3 49.22 3,937.62 4 51.68 4,134.50 3051 PROF SENIOR NETWORK ENGINEER 0 52.43 4,194.61 1 55.05 4,404.35 2 57.81 4,624.57 3 60.70 4,855.79 4 63.73 5,098.58 2022/11/08 City Council Post Agenda Page 233 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 61 of 70 0173 ACE SENIOR OFFICE SPECIALIST 0 21.71 1,736.48 1 22.79 1,823.30 2 23.93 1,914.47 3 25.13 2,010.20 4 26.38 2,110.69 0174 UCHR SENIOR OFFICE SPECIALIST 0 21.71 -- 1 22.79 -- 2 23.93 -- 3 25.13 -- 4 26.38 -- 6309 ACE SENIOR OPEN SPACE INSPECTOR 0 40.49 3,238.83 1 42.51 3,400.77 2 44.64 3,570.81 3 46.87 3,749.35 4 49.21 3,936.81 7439 ACE SENIOR PARK RANGER 0 27.71 2,216.57 1 29.09 2,327.40 2 30.55 2,443.77 3 32.07 2,565.96 4 33.68 2,694.26 5157 ACE SENIOR PARKING ENFORCEMENT OFF 0 23.37 1,869.35 1 24.54 1,962.82 2 25.76 2,060.96 3 27.05 2,164.00 4 28.40 2,272.20 6615 ACE SENIOR PARKS MAINT WORKER 0 27.75 2,219.60 1 29.13 2,330.59 2 30.59 2,447.11 3 32.12 2,569.47 4 33.72 2,697.94 4746 WCE SENIOR PLAN CHECK ENGINEER 0 48.25 3,860.03 1 50.66 4,053.03 2 53.20 4,255.68 3 55.86 4,468.47 4 58.65 4,691.89 2022/11/08 City Council Post Agenda Page 234 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 62 of 70 4751 ACE SENIOR PLAN CHECK TECHNICIAN 0 35.20 2,816.36 1 36.96 2,957.18 2 38.81 3,105.03 3 40.75 3,260.31 4 42.79 3,423.31 4432 PROF SENIOR PLANNER 0 45.02 3,601.25 1 47.27 3,781.31 2 49.63 3,970.38 3 52.11 4,168.90 4 54.72 4,377.34 4434 UCHR SENIOR PLANNER 0 45.02 -- 1 47.27 -- 2 49.63 -- 3 52.11 -- 4 54.72 -- 4529 ACE SENIOR PLANNING TECHNICIAN 0 28.93 2,314.05 1 30.37 2,429.76 2 31.89 2,551.25 3 33.49 2,678.81 4 35.16 2,812.76 0135 ACE SENIOR POLICE RECORDS SPEC 0 23.13 1,850.39 1 24.29 1,942.92 2 25.50 2,040.06 3 26.78 2,142.06 4 28.11 2,249.16 0136 UCHR SENIOR POLICE RECORDS SPEC 0 23.13 -- 1 24.29 -- 2 25.50 -- 3 26.78 -- 4 28.11 -- 3728 PROF SENIOR PROCUREMENT SPECIALIST 0 35.65 2,852.12 1 37.43 2,994.73 2 39.31 3,144.46 3 41.27 3,301.69 4 43.33 3,466.77 2022/11/08 City Council Post Agenda Page 235 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 63 of 70 3091 PROF SENIOR PROGRAMMER ANALYST 0 45.44 3,635.01 1 47.71 3,816.77 2 50.10 4,007.61 3 52.60 4,207.99 4 55.23 4,418.38 4214 PROF SENIOR PROJECT COORDINATOR 0 45.02 3,601.25 1 47.27 3,781.31 2 49.63 3,970.38 3 52.11 4,168.90 4 54.72 4,377.34 5125 ACE SENIOR PROPRTY & EVIDENCE SPEC 0 25.59 2,046.80 1 26.86 2,149.15 2 28.21 2,256.61 3 29.62 2,369.43 4 31.10 2,487.90 5248 UCHR SENIOR PUBLIC SAFETY ANALYST 0 42.52 -- 1 44.64 -- 2 46.88 -- 3 49.22 -- 4 51.68 -- 5260 PROF SENIOR PUBLIC SAFETY ANALYST 0 42.52 3,401.46 1 44.64 3,571.54 2 46.88 3,750.11 3 49.22 3,937.62 4 51.68 4,134.50 6101 ACE SENIOR PUBLIC WORKS INSPECTOR 0 40.49 3,238.82 1 42.51 3,400.77 2 44.64 3,570.81 3 46.87 3,749.35 4 49.21 3,936.80 6702 ACE SENIOR PUBLIC WORKS SPECIALIST 0 30.61 2,449.01 1 32.14 2,571.46 2 33.75 2,700.03 3 35.44 2,835.03 4 37.21 2,976.79 2022/11/08 City Council Post Agenda Page 236 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 64 of 70 2215 ACE SENIOR RECORDS SPECIALIST 0 24.96 1,996.95 1 26.21 2,096.79 2 27.52 2,201.63 3 28.90 2,311.72 4 30.34 2,427.30 2746 ACE SENIOR RECYCLING SPECIALIST 0 31.97 2,557.53 1 33.57 2,685.41 2 35.25 2,819.67 3 37.01 2,960.65 4 38.86 3,108.69 3365 PRCF SENIOR RISK MANAGEMENT SPEC 0 43.38 3,470.39 1 45.55 3,643.91 2 47.83 3,826.10 3 50.22 4,017.41 4 52.73 4,218.28 0177 ACE SENIOR SECRETARY 0 23.88 1,910.12 1 25.07 2,005.64 2 26.32 2,105.91 3 27.64 2,211.22 4 29.02 2,321.78 6573 ACE SENIOR TREE TRIMMER 0 30.52 2,441.56 1 32.05 2,563.65 2 33.65 2,691.82 3 35.33 2,826.42 4 37.10 2,967.74 2779 PROF SENIOR WEBMASTER 0 37.30 2,983.89 1 39.16 3,133.07 2 41.12 3,289.74 3 43.18 3,454.23 4 45.34 3,626.94 6169 ACE SIGNAL SYSTEMS ENGINEER I 0 36.79 2,943.50 1 38.63 3,090.66 2 40.57 3,245.20 3 42.59 3,407.47 4 44.72 3,577.83 2022/11/08 City Council Post Agenda Page 237 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 65 of 70 6170 ACE SIGNAL SYSTEMS ENGINEER II 0 40.47 3,237.84 1 42.50 3,399.74 2 44.62 3,569.71 3 46.85 3,748.20 4 49.20 3,935.61 6355 ACE SIGNING AND STRIPING SUPV 0 34.01 2,720.57 1 35.71 2,856.59 2 37.49 2,999.43 3 39.37 3,149.40 4 41.34 3,306.87 2751 SM SPECIAL PROJECTS MGR 0 49.72 3,977.42 1 50.98 4,078.27 2 53.53 4,282.18 3 56.20 4,496.29 4 60.43 4,834.56 3734 ACE STOREKEEPER 0 23.09 1,847.14 1 24.24 1,939.50 2 25.46 2,036.47 3 26.73 2,138.30 4 28.07 2,245.21 3732 ACE STOREKEEPER SUPERVISOR 0 27.71 2,216.57 1 29.09 2,327.40 2 30.55 2,443.77 3 32.07 2,565.96 4 33.68 2,694.26 6127 ACE STORMWATER COMPLNCE INSP I 0 29.87 2,389.36 1 31.36 2,508.83 2 32.93 2,634.27 3 34.57 2,765.99 4 36.30 2,904.29 6125 ACE STORMWATER COMPLNCE INSP II 0 32.85 2,628.30 1 34.50 2,759.71 2 36.22 2,897.70 3 38.03 3,042.59 4 39.93 3,194.71 2022/11/08 City Council Post Agenda Page 238 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 66 of 70 6137 ACE STORMWATER ENV SPECIALIST I 0 33.46 2,676.71 1 35.13 2,810.56 2 36.89 2,951.08 3 38.73 3,098.64 4 40.67 3,253.58 6135 ACE STORMWATER ENV SPECIALIST II 0 36.81 2,944.40 1 38.65 3,091.62 2 40.58 3,246.20 3 42.61 3,408.49 4 44.74 3,578.94 6131 MM STORMWATER PROGRAM MANAGER 0 49.68 3,974.36 1 52.16 4,173.08 2 54.77 4,381.73 3 57.51 4,600.82 4 60.39 4,830.86 5241 MM SUPRVSNG PUBLIC SAFETY ANALYST 0 48.90 3,911.68 1 51.34 4,107.27 2 53.91 4,312.63 3 56.60 4,528.26 4 59.43 4,754.67 6151 ACE SURVEY TECHNICIAN I 0 27.83 2,226.37 1 29.22 2,337.69 2 30.68 2,454.57 3 32.22 2,577.31 4 33.83 2,706.18 6141 ACE SURVEY TECHNICIAN II 0 30.61 2,449.01 1 32.14 2,571.46 2 33.75 2,700.03 3 35.44 2,835.03 4 37.21 2,976.79 3015 PROF SYSTEMS/DATABASE ADMINISTRATOR 0 41.51 3,320.42 1 43.58 3,486.45 2 45.76 3,660.76 3 48.05 3,843.81 4 50.45 4,035.99 2022/11/08 City Council Post Agenda Page 239 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 67 of 70 3027 ACE TELECOMMUNICATIONS SPECIALIST 0 25.76 2,060.45 1 27.04 2,163.47 2 28.40 2,271.64 3 29.82 2,385.22 4 31.31 2,504.49 7503 UCHR TINY TOT AIDE 0 15.25 -- 1 16.01 -- 2 16.81 -- 3 17.65 -- 4 18.53 -- 7505 UCHR TINY TOT SPECIALIST 0 18.30 -- 1 19.21 -- 2 20.17 -- 3 21.18 -- 4 22.24 -- 5155 UCHR TRAFFIC CONTROL ASSISTANT 0 15.69 -- 1 16.48 -- 2 17.30 -- 3 18.17 -- 4 19.08 -- 5293 UCHR TRAFFIC OFFICER 0 15.69 -- 1 16.48 -- 2 17.30 -- 3 18.17 -- 4 19.08 -- 6187 ACE TRAFFIC SIGNAL & LIGHT TECH I 0 29.32 2,345.97 1 30.79 2,463.27 2 32.33 2,586.43 3 33.95 2,715.75 4 35.64 2,851.54 6185 ACE TRAFFIC SIGNAL & LIGHT TECH II 0 32.26 2,580.57 1 33.87 2,709.59 2 35.56 2,845.08 3 37.34 2,987.31 4 39.21 3,136.69 2022/11/08 City Council Post Agenda Page 240 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 68 of 70 6181 ACE TRAFFIC SIGNAL & LIGHTING SUPV 0 37.10 2,967.65 1 38.95 3,116.04 2 40.90 3,271.83 3 42.94 3,435.43 4 45.09 3,607.18 5262 ACE TRAINING PROGRAM SPECIALIST 0 26.87 2,149.75 1 28.22 2,257.24 2 29.63 2,370.10 3 31.11 2,488.61 4 32.66 2,613.04 6031 WCE TRANSPORTATION ENGR W CERT 0 52.06 4,164.62 1 54.66 4,372.85 2 57.39 4,591.49 3 60.26 4,821.07 4 63.28 5,062.12 6033 WCE TRANSPORTATION ENGR W/O CERT 0 49.58 3,966.31 1 52.06 4,164.63 2 54.66 4,372.86 3 57.39 4,591.50 4 60.26 4,821.08 6575 ACE TREE TRIMMER 0 25.43 2,034.63 1 26.70 2,136.37 2 28.04 2,243.18 3 29.44 2,355.34 4 30.91 2,473.11 6572 ACE TREE TRIMMER SUPERVISOR 0 35.10 2,807.79 1 36.85 2,948.19 2 38.70 3,095.60 3 40.63 3,250.38 4 42.66 3,412.90 5308 UCHR VETERINARIAN 0 46.77 -- 1 49.11 -- 2 51.57 -- 3 54.15 -- 4 56.85 -- 2022/11/08 City Council Post Agenda Page 241 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 69 of 70 5322 UCHR VETERINARIAN (PERMITTED) 0 66.13 -- 1 69.44 -- 2 72.91 -- 3 76.56 -- 4 80.39 -- 5331 PROF VETERINARIAN (PERMITTED) 0 59.32 4,745.35 1 62.28 4,982.61 2 65.40 5,231.75 3 68.67 5,493.34 4 72.10 5,768.00 5335 PROF VETERINARIAN I 0 42.13 3,370.27 1 44.23 3,538.79 2 46.45 3,715.73 3 48.77 3,901.51 4 51.21 4,096.59 5333 PROF VETERINARIAN II 0 48.45 3,875.81 1 50.87 4,069.59 2 53.41 4,273.08 3 56.08 4,486.73 4 58.89 4,711.07 5334 UCHR VETERINARIAN II 0 47.04 -- 1 49.39 -- 2 51.86 -- 3 54.45 -- 4 57.17 -- 5323 UCHR VETERINARY ASSISTANT 0 20.11 -- 1 21.12 -- 2 22.17 -- 3 23.28 -- 4 24.44 -- 5325 ACE VETERINARY ASSISTANT 0 20.11 1,608.82 1 21.12 1,689.25 2 22.17 1,773.71 3 23.28 1,862.41 4 24.44 1,955.52 2022/11/08 City Council Post Agenda Page 242 of 719 Fiscal Year 2022-2023 Compensation Schedule Effective November 18, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 70 of 70 7131 ACE VOLUNTEER COORDINATOR 0 21.98 1,758.68 1 23.08 1,846.62 2 24.24 1,938.96 3 25.45 2,035.90 4 26.72 2,137.69 2777 ACE WEBMASTER 0 33.09 2,647.10 1 34.74 2,779.45 2 36.48 2,918.43 3 38.30 3,064.34 4 40.22 3,217.56 Revised July 12, 2022 (Effective July 1, 2022) August 9, 2022 (Effective August 12, 2022 | FA IVDC-LECC Executive Director salary effective January 1, 2022; Mayor, City Attorney and Councilperson salaries effective July 1, 2022) October 18, 2022 (Effective October 21, 2022) November 8, 2022 (Effective 2022/11/08 City Council Post Agenda Page 243 of 719 Conflict of Interest Code – Designated Positions Adopted by City Council on XX/XX/XXXX, Resolution No. 2022-XXX 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 City Councilmember City Manager City Attorney Director of Finance/City Treasurer Planning Commission Member Candidate for Elective Office 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 Title ................................................................................................ Disclosure Category Administrative Services Manager .......................................................................................... 1, 2, 5 Animal Care Facility Manager............................................................................................ 1, 3, 6,7 Assistant Chief of Police .................................................................................................... 1, 2, 6, 7 Assistant City Attorney Series Senior Assistant City Attorney ................................................................... Full Disclosure Assistant City Attorney ............................................................................... Full Disclosure Assistant City Clerk ............................................................................................................... 1, 2, 6 Assistant City Manager ........................................................................................... Full Disclosure Assistant Director of Development Services ..................................................................... 1, 2, 6, 7 2022/11/08 City Council Post Agenda Page 244 of 719 Conflict of Interest Code – Designated Positions Adopted by City Council on XX/XX/XXXX, Resolution No. 2022-XXX Position Title ................................................................................................ Disclosure Category Assistant Director of Engineering .......................................................................................... 1, 2, 5 Assistant Director of Finance .................................................................................. Full Disclosure Assistant Director of Human Resources ................................................................................ 1, 3, 5 Assistant Director of Public Works ....................................................................................... 1, 2, 5 Assistant Director of Recreation ........................................................................................ 1, 2, 6, 7 Associate Engineer..................................................................................................................... 3, 4 Benefits Manager ........................................................................................................................... 5 Budget & Analysis Manager ................................................................................... Full Disclosure Building Inspection Manager ......................................................................................................... 3 Building Inspector Series Senior Building Inspector .............................................................................................. 3, 4 Building Inspector (all levels) ............................................................................................ 3 Building Official/Code Enforcement Manager .......................................................................... 1, 2 Building Project Manager ...................................................................................................... 3, 4, 5 Building Services Manager .................................................................................................... 1, 2, 5 Building Services Supervisor ......................................................................................................... 6 Chief of Police ........................................................................................................ Full Disclosure Chief of Staff ........................................................................................................... Full Disclosure Chief Sustainability Officer ............................................................................................... 1, 2, 6, 7 City Attorney Investigator ...................................................................................... Full Disclosure City Clerk ............................................................................................................................... 1, 2, 6 City Clerk Analyst (excluding hourly) .......................................................................................... 6 City Librarian ......................................................................................................................... 2, 6, 7 Civil Engineer Series Principal Civil Engineer ............................................................................................. 3, 4, 5 Senior Civil Engineer ................................................................................................. 3, 4, 5 Associate Civil Engineer .................................................................................................... 3 Code Enforcement Series Senior Code Enforcement Officer ................................................................................. 3, 4 Code Enforcement Officer (all levels) ............................................................................... 3 2022/11/08 City Council Post Agenda Page 245 of 719 Conflict of Interest Code – Designated Positions Adopted by City Council on XX/XX/XXXX, Resolution No. 2022-XXX Position Title ................................................................................................ Disclosure Category Collections Supervisor ................................................................................................................... 3 Communication/Special Events Coordinator ............................................................................. 5, 7 Constituent Services Manager ................................................................................ Full Disclosure Construction & Repair Supervisor ................................................................................................. 6 Council Assistant Series Senior Council Assistant ............................................................................. Full Disclosure Council Assistant ........................................................................................ Full Disclosure Deputy City Attorney (all levels) ............................................................................ Full Disclosure Deputy City Manager .............................................................................................. Full Disclosure Deputy Fire Chief .................................................................................................................. 1, 2, 6 Development Automation Specialist ..................................................................................... 3, 4, 5 Development Project Manager .......................................................................................... 1, 2, 6, 7 Development Services Counter Manager .................................................................................. 3, 4 Director of Animal Services .............................................................................................. 1, 3, 6, 7 Director of Development Services ..................................................................................... 1, 2, 6, 7 Director of Community Services ............................................................................ Full Disclosure Director of Economic Development .................................................................................. 1, 2, 6, 7 Director of Engineering/City Engineer .............................................................................. 1, 2, 6, 7 Director of Housing & Homeless Services ............................................................. Full Disclosure Director of Human Resources/Risk Management ................................................................. 1, 3, 5 Director of Information Technology Services ............................................................................... 6 Director of Public Works ....................................................................................................... 1, 2, 5 Economic Development Specialist Series Principal Economic Development Specialist ............................................................. 1, 2, 7 Senior Economic Development Specialist ................................................................. 1, 2, 7 Emergency Services Manager ........................................................................................................ 5 Fire Inventory Specialist ................................................................................................................ 6 Environmental Services Manager .......................................................................................... 3, 6, 7 Environmental Sustainability Manager.................................................................................. 3, 6, 7 Facilities Financing Manager ............................................................................................. 1, 2, 6, 7 Facilities Manager .......................................................................................................................... 5 2022/11/08 City Council Post Agenda Page 246 of 719 Conflict of Interest Code – Designated Positions Adopted by City Council on XX/XX/XXXX, Resolution No. 2022-XXX Position Title ................................................................................................ Disclosure Category Finance Manager (including with CPA) ................................................................. Full Disclosure Fire Battalion Chief (all designations) ........................................................................................... 6 Fire Captain (C only; excluding when assigned to the academy) .................................................. 6 Fire Chief ............................................................................................................................... 1, 2, 6 Fire Division Chief ................................................................................................................ 1, 2, 6 Fire Inspector/Investigator Series Senior Fire Inspector/Investigator.................................................................................. 3, 4 Fire Inspector/Investigator (all levels) ........................................................................... 3, 4 Fire Prevention Engineer/Investigator ....................................................................................... 3, 4 Fire Prevention Aide ...................................................................................................................... 3 Fire Prevention Specialist .......................................................................................................... 3, 4 Fiscal and Management Analyst .................................................................................................... 5 Fiscal Debt Management Analyst .................................................................................................. 5 Fleet Inventory Control Specialist ................................................................................................. 5 Fleet Manager ................................................................................................................................ 5 Fleet Supervisor ............................................................................................................................. 5 Homeless Solutions Manager ............................................................................................ 1, 2, 6, 7 Housing Manager ............................................................................................................... 1, 2, 6, 7 Human Resources Manager ....................................................................................................... 5, 7 Information Technology Manager ................................................................................................. 6 Land Surveyor Series Associate Land Surveyor ............................................................................................... 3, 4 Senior Land Surveyor .................................................................................................... 4, 5 Landscape Architect Series Principal Landscape Architect ....................................................................................... 1, 2 Senior Landscape Inspector ........................................................................................... 3, 4 Landscape Architect ....................................................................................................... 3, 4 Landscape Planner (all levels) ................................................................................................... 3, 4 Law Office Manager ...................................................................................................................... 6 Librarian Series Principal Librarian ......................................................................................................... 6, 7 2022/11/08 City Council Post Agenda Page 247 of 719 Conflict of Interest Code – Designated Positions Adopted by City Council on XX/XX/XXXX, Resolution No. 2022-XXX Position Title ................................................................................................ Disclosure Category Senior Librarian ............................................................................................................. 6, 7 Librarian III (excluding hourly) ......................................................................................... 6 Library Digital Services Manager .................................................................................................. 6 Management Analyst Series Principal Management Analyst (when assigned to Housing & Public Works) ......... 3, 5, 7 Principal Management Analyst (all assignments unless otherwise noted) .................... 3, 5 Senior Management Analyst .......................................................................................... 5, 7 Senior Management Analyst (when assigned to Finance and Parks & Recreation) .......... 5 Management Analyst (all levels, assigned to Finance, Fire, Development Services, & Police) ................................................................................................................................ 5 Management Analyst (all levels, all assignments unless otherwise noted) ....................... 6 Marketing and Communications Manager ................................................................................. 3, 5 Open Space Inspector Series Senior Open Space Inspector ......................................................................................... 3, 5 Open Space Inspector .................................................................................................... 3, 5 Open Space Manager ................................................................................................................. 3, 5 Park Ranger Program Manager ................................................................................................. 3, 5 Park Ranger Series Senior Park Ranger ............................................................................................................ 3 Park Ranger (excluding hourly) ........................................................................................ 3 Park Ranger Supervisor ................................................................................................................. 3 Parks and Recreation Administrator ....................................................................... Full Disclosure Parks Manager ....................................................................................................................... 3, 4, 5 Plan Check Engineer Series Senior Plan Check Engineer .......................................................................................... 3, 4 Assistant Plan Check Engineer ...................................................................................... 1, 2 Associate Plan Check Engineer ..................................................................................... 1, 2 Plan Check Supervisor ............................................................................................................... 1, 2 Planner Series Principal Planner ............................................................................................................ 1, 2 Senior Planner ................................................................................................................ 1, 2 2022/11/08 City Council Post Agenda Page 248 of 719 Conflict of Interest Code – Designated Positions Adopted by City Council on XX/XX/XXXX, Resolution No. 2022-XXX Position Title ................................................................................................ Disclosure Category Assistant Planner ............................................................................................................ 3, 4 Associate Planner ........................................................................................................... 3, 4 Planning Manager ...................................................................................................................... 1, 2 Police Administrative Services Administrator ........................................................ Full Disclosure Police Captain ......................................................................................................... Full Disclosure Police Facility and Supply Coordinator ......................................................................................... 6 Police Technology Manager ...................................................................................................... 3, 6 Policy Aide.............................................................................................................. Full Disclosure Principal Accountant ...................................................................................................................... 5 Principal Recreation Manager ........................................................................................................ 6 Principal Traffic Engineer ...................................................................................................... 3, 4, 5 Procurement Services Analyst ................................................................................ Full Disclosure Procurement Specialist Series Senior Procurement Specialist .................................................................... Full Disclosure Procurement Specialist....................................................................................................... 5 Project Coordinator Series Principal Project Coordinator .................................................................................... 1, 2, 7 Senior Project Coordinator ........................................................................................ 1, 2, 7 Project Coordinator (all levels) ...................................................................................... 2, 7 Public Works Inspector Series Senior Public Works Inspector .................................................................................. 3, 4, 5 Public Works Inspector (all levels) ............................................................................ 3, 4, 5 Public Works Manager .......................................................................................................... 1, 2, 5 Public Works Superintendent ................................................................................................ 1, 2, 5 Public Works Supervisor ....................................................................................................... 1, 2, 5 Purchasing Agent .................................................................................................... Full Disclosure Revenue Manager ................................................................................................... Full Disclosure Risk Management Specialist Series Senior Risk Management Specialist .............................................................................. 1, 2 Risk Management Specialist .......................................................................................... 1, 2 Risk Manager ............................................................................................................................. 1, 2 2022/11/08 City Council Post Agenda Page 249 of 719 Conflict of Interest Code – Designated Positions Adopted by City Council on XX/XX/XXXX, Resolution No. 2022-XXX Position Title ................................................................................................ Disclosure Category Senior Electronics Technician ....................................................................................................... 5 Senior Graphic Designer ................................................................................................................ 5 Senior Land Surveyor ................................................................................................................ 4, 5 Senior Public Works Inspector .............................................................................................. 3, 4, 5 Senior Risk Management Specialist .......................................................................................... 1, 2 Smart Technology Officer ......................................................................................................... 3, 6 Special Events Manager .......................................................................................... Full Disclosure Stormwater Compliance Inspector II ............................................................................................. 3 Stormwater Environmental Specialist (all levels) .......................................................................... 3 Stormwater Program Manager ............................................................................................... 3, 4, 5 Supervising Public Safety Analyst............................................................................................. 3, 6 Traffic Signal & Lighting Supervisor .................................................................................... 3, 4, 5 Transportation Engineer (with Cert. and without Cert.) ........................................................ 3, 4, 5 Veterinarian (Permitted, all levels, except hourly) ........................................................................ 6 Boards and Commissions Member: Board of Appeals and Advisors Member ....................................................................... 2, 5 Board of Ethics Member ................................................................................................ 1, 2 Civil Service Commission Member ................................................................................... 3 Charter Review Commission Member....................................................................... 1, 2, 5 Redistricting Commission Member ........................................................................... 1, 2, 5 Growth Management Oversight Commission Member ................................................. 2, 4 Historic Preservation Commission Member .................................................................. 1, 2 Mobilehome Rent Review Commission Member.......................................................... 1, 2 Consultants/Newly Created Positions* ................................................................... Full Disclosure Hearing Officers...................................................................................................... Full Disclosure *Consultants and individuals in newly created positions shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation: The City may determine, in writing, that a particular consultant or individual in a newly created position, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s or new position’s duties and, based upon that description, a statement of the extent of disclosure requirements. The determination for consultants shall be included in the contract by which the consultant is hired by the City. The determination for newly created positions shall be documented on an FPPC Form 804. The City’s determinations are public record. 2022/11/08 City Council Post Agenda Page 250 of 719 Stacey Stewart Kurz 1 | P a g e Education George Mason University, Fairfax, VA - B.S. Management and Marketing, 1998 Academic Certifications Simon Fraser University - Plain Language Principles, 2020 Pepperdine School of Public Policy - Advanced Public Engagement for Local Government, 2021 University of Wisconsin at Green Bay - Diversity, Equity & Inclusivity Level 1&2, 2021 Trainings / Workshops Project Management / Supervisory Public Management Academy – The Centre for Organizational Effectiveness, 2016 Supervisor’s Academy - Government Training Agency, 2015 City of Chula Vista Project Management Training – Atlantis Group, 2010 Housing Certified HOME Specialist, 2010 Tax Exempt Bonds 101, 2022 Conquering HUD Compliance, 2022 Community Outreach The Art of Inclusive Communication – National Conflict Resolution Center, 2019 BeHealth.Today – The Idea Guy, 2019 Innovation Track - Harvard-Bloomberg, 2019 Leadership California Notary Public, 2010-2018 Lean Enterprise Certification Academy – Osterling Consulting, 2016 Professional Experience City of Chula Vista, Development Services Department Housing Manager (June 2021 - Present) Supervise and oversee a team of five (5) to implement Housing policy, programs, and grant management, including:  Management of Housing Authority and annual federal housing entitlement grants including Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Solutions Grant (ESG). o Supervise staff administering programs such as First Time Homebuyer, Housing Rehabilitation, Rental Assistance, Accessory Dwelling Units (ADU) program, and Mobilehome Rent Control. o Implementation of COVID-19 Emergency Rental Assistance through State and federal allocations. Item 5.5. – Attachment 7 Stacey Kurz Resume Added 11/4/2022 2022/11/08 City Council Post Agenda Page 251 of 719 Stacey Stewart Kurz 2 | P a g e  Manage Affordable Housing financing and/or development through Density Bonus, California Tax Credit Allocation Committee (CTCAC) and California Debt Limit Allocation Committee (CDLAC), Inclusionary and moderate-income programs.  Finalize and implement the 2021-2029 Housing Element and administer Local Early Action Planning (LEAP) funds to implement policies.  Oversaw development of various housing policy, including: o Developed “Workforce Housing”/middle income policy in 30 days at direction of Council. o Conducted over twenty (20) stakeholder meetings to adopt a “Residential Tenant Protection Ordinance”. o Amendments to the “Balanced Communities Guidelines” to ensure implementation citywide.  Supervise homeless activities in coordination with the Homeless Solutions Coordinator and Homeless Outreach Team (HOT), including: o Temporary closure of Harborside Park within one week through coordination with local business owners, service providers, County staff and Chula Vista Elementary School. o Administration of Permanent Local Housing Allocation (PLHA) funds and development of the South Bay’s first Emergency Bridge Shelter for Homeless.  Provide support and project management of community engagement processes including “Reimagining Harborside Park Site”.  Manage media, Council and resident/community inquiries. Senior Project Coordinator, Planning Project Manager (2018-June 2021) Manage entitlement and construction processes for planning, landscape architecture, fire, police, engineering and building sections for various development sites, including:  Lofts on Landis Affordable Housing Project.  Master Developer obligations and process design review with merchant builders for the 206-acre Millenia (“Eastern Urban Center”), including design review for Fire Station 10.  Otay Ranch Village 3 and a Portion of Village 4 General Plan, General Development Plan, Specific Planning Area and associated Amendments.  Collins Aerospace & Wohl Properties Coastal Development Permit & Specific Plan pre-submittal and application efforts.  General Plan, General Development Plan, Specific Planning Area and Multiple Species Conservation Program Amendments for the 135 acres Sunbow II, Phase 3 project. Healthy and Age-Friendly Chula Vista Coordinator (2015-Present) Oversee implementation of Action Plans promoting policy, programs and partnerships to promote healthier options for Chula Vista citizens, such as:  Staff Liaison for Healthy Chula Vista Advisory Commission.  Managed four (4) graduate staff to develop the Age-Friendly Action Plan and hosted five (5) High Tech High student interns and six (6) San Diego State University Public Administration undergraduate interns.  Policy work and implementation, including: City facility smoking prohibitions, flavored tobacco regulations, healthy vending policy, children’s default beverages, healthy and sustainable meetings, community gardens and urban agriculture. Item 5.5. – Attachment 7 Stacey Kurz Resume Added 11/4/2022 2022/11/08 City Council Post Agenda Page 252 of 719 Stacey Stewart Kurz 3 | P a g e  Served as grand writer, administrator and/or partner on a variety of grants to directly assist community and residents with programs, including: o San Diego Association of Governments (SANDAG) Smart Growth Incentive - developed and adopted Healthy Chula Vista Action Plan, complete streets policy and General Plan amendments (2015); o Center for Disease Control & Prevention Racial and Ethnic Approaches to Community Health (CDC REACH) - created policy, partnerships and education surrounding physical activity and healthy food access to combat obesity and diabetes in the Latino community as a subrecipient to CHIP (2015-2019); o San Diego Foundation - designated as a World Health Organization and AARP Age-Friendly Community ($100,000 - 2017-2018); o 2018 AARP Community Challenge - provided 39 seniors with transit passes and guided field trips ($6,000 - 2018); o SANDAG Mobility HUB Concept of Operation Plan – provided outreach support (in-kind - 2020); o Healthiest Cities and Counties Challenge - expanding the ‘Mas Frescos’ produce voucher program and providing popular education model to residents (in-kind - 2020-21); o The San Diego Foundation CV Senior Connect – development of a phone based automated informational and resource line for seniors in partnership with 211 San Diego ($47,000 – 2021); o 2021 AARP Community Challenge – development of a cultural arts program to highlight seniors with an online platform and on light pole banners ($12,000 – 2021); o CA Air Resource Board Clean Mobility Options & Congregational Community Development Corporation (CCDC) “CV Community Shuttle” – providing free senior demand-based shuttle service in northwest Chula Vista in partnership with Circuit ($1,900,000 - 2021-24); o Office of Minority Health – grant administrator to implement community-based COVID-19 Health Literacy projects with partners UC San Diego and San Diego State University ($4,000,000 – 2021-23); and o The San Diego Foundation Age Friendly Business District – development of a toolkit for businesses and implementation of a pilot project along Third Avenue ($40,000 – 2022).  Collaboration on regional boards and collectives, including: Childhood Obesity Initiative Domain Council (co-chair for Government Domain), Chula Vista Elementary School District Wellness Committee (parent representative), Partnership4Success (parent representative), Sweetwater Union High School District Wellness Committee, Chula Vista Community Collaborative Youth Coalition, SDSU Big Idea Project Team, LiveWell San Diego South County Leadership Team and local resident leadership graduates and promotores. Senior Project Coordinator, Housing Division (January 2016-2019) Provide administration of programs and development to support low- and moderate-income households with federal HOME and CDBG funds, including:  Staff Liaison for Mobilehome Rent Review Commission and Housing Advisory Commission.  Manage Mobilehome Administrative Fee collection program.  Policy development for housing issues, such as the: Mobilehome Park Residence Protection Ordinance and Balanced Communities Policy Guidelines. Item 5.5. – Attachment 7 Stacey Kurz Resume Added 11/4/2022 2022/11/08 City Council Post Agenda Page 253 of 719 Stacey Stewart Kurz 4 | P a g e  Managed Neighborhood Stabilization Program (NSP) funds during foreclosure crisis to provide rehabilitation and First-Time Homebuyer loans.  Collaborated with non-profits, banks and legal aid to hold HOME foreclosure crisis counseling clinics.  Administrator for Community Housing Improvement Program and First Time Homebuyer Downpayment and Closing Cost Assistance. VRPA Technologies Marketing & Project Manager (2000-2006) Provided oversight and staff work for consulting and marketing, such as:  Coordinated marketing efforts for trade shows, advertising and exhibits.  Managed request for proposal efforts and production.  Provided project management for a variety of transportation and housing plans throughout California, including: o City of Perris Circulation Plan; o Southern California Association of Governments Truck Model; o Tulare County Regional Housing Needs Assessment; and o Madera County Regional Transportation Plan. SAIC/TransCore I-95 Corridor Coalition Coordinator (1999-2000) Part of a two-person team that:  Coordinated initial efforts to develop the Coalition to coordinate multiple agencies along the east coast.  Supported development of a corridor-wide, multimodal traveler information system through facilitated meetings, conference calls and communication.  Coordinated interagency efforts in response to incidents through variable-message sign (VMS) linkages and preparedness.  Led trade show exhibits and outreach. Department of Justice Student Educational Employment Program (1994-1998) Budget, Fiscal & Procurement Office  Provided receptionist duties and meeting facilitation.  Approved general purchase requests through proprietary ordering system. Office of the Inspector General  Rectified credit card statements and other office accounting duties.  Coordinated retirement plagues and other award purchases. Item 5.5. – Attachment 7 Stacey Kurz Resume Added 11/4/2022 2022/11/08 City Council Post Agenda Page 254 of 719 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION AND DELETION OF VARIOUS POSITION TITLES AND AMENDING THE AUTHORIZED POSITION COUNT IN VARIOUS DEPARTMENTS WHEREAS, Civil Service Rule 1.02.A., which applies to the City’s classified positions, provides for necessary reviews and changes so that the City’s Classification Plan is kept current, and that changes in existing classes, the establishment of new classes, and the abolition of classes are properly reflected in the Classification Plan; and WHEREAS, in an effort to address the needs of various departments and the City's workforce, the Human Resources Department, in conjunction with the affected departments, is proposing certain position changes, and corresponding amendments to the City's Classification Plan, Compensation Schedule, and authorized departmental position counts; and WHEREAS, a summary of the new and updated classifications and the E-Step salaries are as follows: Position Title Employee Group Bi-Weekly E Step Applications Support Manager MM $5,081.14 City Clerk Analyst PROF $4,134.50 Director of Housing and Homeless Services EXEC $6,459.88 Fleet Supervisor ACE $3,597.96 Homeless Solutions Manager MM $5,185.73 Housing Manager MM $5,185.73 FA Supervisory Intelligence Analyst I PRUC $3,974.00 FA Supervisory Intelligence Analyst II PRUC $4,570.10 Senior Procurement Specialist PROF $3,466.77 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves amendments to the Compensation Schedule and Classification Plan to reflect the changes described above. 2022/11/08 City Council Post Agenda Page 255 of 719 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the following changes to the Fiscal Year 2022-2023 authorized departmental position counts: Department Position Title FTE General Fund City Clerk Deputy City Clerk II 1.00 Community Services Parks Manager -1.00 Parks Supervisor -4.00 Senior Management Analyst -1.00 Senior Parks Maintenance Worker -10.00 Parks Maintenance Worker II -24.00 Park Ranger Program Manager -1.00 Park Ranger Supervisor -1.00 Senior Park Ranger -1.00 Development Services Code Enforcement Officer II 1.00 Engineering & Capital Projects Senior Building Inspector -1.00 Senior Public Works Inspector -1.00 Public Works Inspector II -3.00 Associate Engineer 5.00 Finance Senior Procurement Specialist 1.00 Human Resources Senior Human Resources Technician 1.00 Information Technology Services Senior Programmer Analyst -1.00 Operations and Telecommunications Manager -1.00 Senior Applications Support Specialist 1.00 Applications Support Specialist 1.00 Applications Support Manager 1.00 Information Technology Manager 1.00 Police Detentions Officer 8.00 Detention Facility Manager 1.00 Public Works Plumber 1.00 Parks Manager 1.00 Parks Supervisor 4.00 Senior Management Analyst 1.00 Senior Parks Maintenance Worker 10.00 Parks Maintenance Worker II 24.00 Park Ranger Program Manager 1.00 Park Ranger Supervisor 1.00 Senior Park Ranger 1.00 General Fund Total 16.00 2022/11/08 City Council Post Agenda Page 256 of 719 Resolution No. Page 3 Department Position Title FTE Central Garage Operations Fund Public Works Fleet Supervisor 1.00 Central Garage Operations Fund Total 1.00 City Jail Fund Police Detentions Supervisor -2.00 Detentions Officer -12.00 Detention Facility Manager -1.00 City Jail Fund Total -15.00 Police Grants Fund Police FA Supervisory Intelligence Analyst -3.00 FA Supervisory Intelligence Analyst I 3.00 FA Program Assistant Supervisor 1.00 Police Grants Fund Total 1.00 Housing Authority Fund Housing & Community Initiatives Housing Manager (Unclassified) -1.00 Director of Housing and Homeless Services 1.00 Senior Management Analyst -1.00 Housing Manager 1.00 Homeless Solutions Manager 1.00 Senior Fiscal Office Specialist 1.00 Management Analyst II 1.00 Housing Authority Fund Total 3.00 Transport Fund Fire Emergency Medical Technician (Non-Safety) -2.00 Paramedic (Non-Safety) 2.00 Transport Fund Total 0.00 Total City-Wide Position Changes (Net Increase/Decrease) 6.00 Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources /Risk Management City Attorney 2022/11/08 City Council Post Agenda Page 257 of 719 Item 5.5 - Resolution B- Fire Dept Response Away from Official Duty Station ( 11-08-2022 Meeting) Revised 11/8/22 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IDENTIFYING THE TERMS AND CONDITIONS FOR FIRE DEPARTMENT RESPONSE AWAY FROM THEIR OFFICIAL DUTY STATION AND ASSIGNED TO AN EMERGENCY INCIDENT WHEREAS, the City of Chula Vista (“City”) is a public agency located in the County of San Diego, State of California; and WHEREAS, it is the City’s desire to provide fair and legal payment to all of its employees, for time worked; and WHEREAS, the City’s response personnel includes: Fire Chief, Deputy Chief, Division Chief, Battalion Chief, Fire Captain, Engineer, Firefighter/Paramedic, Firefighter/EMT, Firefighter, Paramedic, EMT, Fire Prevention/Investigation, Fire Mechanic, Equipment Mechanic; and WHEREAS, the City will compensate its response personnel portal-to-portal while they are in the course of their employment, away from their official duty station, and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that: 1. City of Chula Vista’s response personnel shall be compensated above straight time/overtime when applicable while in the course of their employment, away from their official duty station, assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response; and 2. In the event a personnel classification does not have an assigned compensation rate, a “base rate” as set forth in an organizational policy, administrative directive, or similar document will be used to compensate such personnel; and 3. The City of Chula Vista will maintain a current salary survey or acknowledgment of acceptance of the "base rate" on file with the California Governor's Offi ce of Emergency Services, Fire Rescue Division; and 4. The City of Chula Vista personnel will be compensated portal-to-portal beginning at the time of dispatch through the time of return to the jurisdiction when equipment and personnel are in service and available for agency response; and 2022/11/08 City Council Post Agenda Page 258 of 719 Item 5.5 - Resolution B- Fire Dept Response Away from Official Duty Station ( 11-08-2022 Meeting) Revised 11/8/22 5. Chula Vista Fire Department response personnel include: Fire Chief, Deputy Fire Chief, Division Chief, Battalion Chief, Fire Captain, Fire Engineer, Firefighter/Paramedic, Firefighter, Fire Prevention/Investigation, Paramedic, EMT, Fire Mechanic, and Equipment Mechanic. Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources /Risk Management City Attorney 2022/11/08 City Council Post Agenda Page 259 of 719 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED COMPENSATION SUMMARY FOR UNREPRESENTED EMPLOYEES INCLUDING AUTHORIZATION FOR THE MAYOR TO EXECUTE ANY NECESSARY CONTRACT AMENDMENTS TO IMPLEMENT SAID AMENDED COMPENSATION SUMMARY WHEREAS, the City has set forth the compensation for all unrepresented employees and elected officials as set forth in a Compensation Summary via prior resolution; and WHEREAS, the City desires to amend the Compensation Summary for all unrepresented employees and elected officials ("Amended Compensation Summary") to inter alia, reflect time- and-a-half overtime for the Fire Chief, Deputy Fire Chief and Fire Division Chief portal-to-portal compensation while on reimbursable aid assignment under the CFAA, memorialize the irrevocable election for vacation cash-out for unrepresented employees to comply with IRS guidelines, and reflect current benefit amounts for the Mayor, City Councilmembers, and City Attorney, as set forth in the Amended Compensation Summary attached to the related staff report as Attachment 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does approve the Amended Compensation Summary, in substantially the form presented, including authorization for the Mayor to execute any necessary contract amendments to implement said Amended Compensation Summary, and it shall continue in full force and effect until subsequent amendment by the City Council. Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources/Risk Management City Attorney 2022/11/08 City Council Post Agenda Page 260 of 719 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING EXTENDING AND ADDING ADDITIONAL LATERAL INCENTIVE PAY FOR NEW LATERAL POLICE HIRES WHEREAS, the Chula Vista Police Department has a history of being understaffed, which is, in part, the result of difficulty in recruiting; and WHEREAS, the difficulty in recruiting police applicants is not unique to the Chula Vista Police Department; and WHEREAS, Police Laterals are Peace Officers who have completed a POST approved academy and have prior experience in law enforcement with another police agency; and WHEREAS, the City of Chula Vista’s Police Officer Association MOU currently provides $10,000 as lateral incentive pay to encourage Police Laterals to become Chula Vista Police Officers, however, recruitment nevertheless remains difficult; and WHEREAS, on August 10, 2021, in order to encourage Police Laterals to become Chula Vista Police Officers, Council approved increasing the incentive pay (an additional $10,000) for Police Laterals who become Chula Vista Police Officers (“Enhanced Lateral Incentive Program”) during the period August 13, 2021 through June 30, 2022, and have the required POST certificate to be a Peace Officer and at least one year of law enforcement experience; and WHEREAS, to continue to encourage Police Laterals to become Chula Vista Police Officers, the Chula Vista Police Department seeks to continue the Enhanced Lateral Incentive Program (the additional $10,000) for Police Laterals who became Chula Vista Police Officers through October 20, 2022; and WHEREAS, in order to further encourage Police Laterals to become Chula Vista Police Officers, and be competitive in the market, the Chula Vista Police Department seeks to increase the incentive pay for the Enhanced Lateral Incentive Program (an additional $5,000 to $15,000) and apply it to new Police Laterals hired between October 21, 2022 and June 30, 2024. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves extending and increasing the Enhanced Lateral Incentive Program, as described above and in the attendant staff report, with such further modifications and actions as required by the Chief of Police and Director of Human Resources. Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources/Risk Management City Attorney 2022/11/08 City Council Post Agenda Page 261 of 719 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING HUMAN RESOURCES POLICY 219 PROVIDING A RELOCATION ALLOWANCE OF UP TO $5,000 FOR EXECUTIVES, SENIOR MANAGERS AND HARD TO FILL CLASSIFICATIONS AS DESCRIBED IN HUMAN RESOURCES POLICY 218, “REFERRAL PROGRAM FOR HARD TO FILL POSITIONS” WHEREAS, staff is proposing a policy that provides for reimbursement for qualified relocation expenses to newly hired employees in eligible positions in order to attract a skilled workforce to provide quality services to the residents of the City and to make the City of Chula Vista an employer of choice; and WHEREAS, the City has met and conferred with all of the labor groups on the proposed policy which is attached to the related staff report as Attachment 2. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves Human Resources Policy 219, “Relocation Allowance,” in the form presented, effective October 21, 2022, providing a relocation allowance of up to $5,000 for Executives, Senior Managers and Hard to Fill Classifications as described in Human Resources Policy 218, “Referral Program for Hard to Fill Positions.” Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources /Risk Management City Attorney 2022/11/08 City Council Post Agenda Page 262 of 719 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE 2022- 2024 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS WHEREAS, in 2022, negotiating teams representing the City of Chula Vista (“City”) and the Local 2180, International Association of Fire Fighters (“Local 2180”) worked collaboratively toward the development of a mutually beneficial Memorandum of Understanding (MOU), which the parties entered into for the time period of July 1, 2022 to December 31, 2024; and WHEREAS, on July 12, 2022, the City Council approved the MOU between the City and Local 2180 related to wages and other terms and conditions of employment; and WHEREAS, in October, the City and Local 2180 engaged in informal discussions and after good faith negotiations, an agreement was reached to implement an employee funded Retirement Health Savings Account. and amending the medical benefit plans for calendar year 2023; and WHEREAS, the City and Local 2180 have agreed on the terms for amending the MOU to provide that: (i) employees will contribute $100 per month towards the Retirement Health Savings Account; (ii) the City will automatically deduct the contributions from the salary of each employee and remit them monthly to the Plan Administrator; and (iii) upon retirement of an IAFF- represented employee, the City will transfer into the IAFF plan, an amount equal to 100% of the cash value of the employee’s vacation balance for which they would otherwise receive payment; and WHEREAS, the above terms have been memorialized in the First Amendment to the MOU, which is presented for City Council approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does approve the First Amendment to the 2022-2024 Memorandum of Understanding between the City of Chula Vista and the Local 2180, International Association of Fire Fighters in substantially the form presented and that the City Manager may make such minor modifications as may be approved or required by the City Attorney’s Office. Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources /Risk Management City Attorney 2022/11/08 City Council Post Agenda Page 263 of 719 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2022-2023 COMPENSATION SCHEDULE EFFECTIVE NOVEMBER 18, 2022, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements, including approval by the City’s governing body in accordance with the requirements of applicable public meeting laws; and WHEREAS, the Fiscal Year 2022-2023 Compensation Schedule ("Compensation Schedule") was approved by the City Council at their meeting of October 18, 2022; and WHEREAS, any changes including but not limited to, across-the-board increases, classification changes and salary adjustments, approved subsequent to the date of approval, must be reflected on a revised Compensation Schedule and submitted to the City Council for approval; and WHEREAS, City staff has recommended the following position changes, necessitating amendment to the Fiscal Year 2022-2023 Compensation Schedule: (1) the addition of the Fleet Supervisor, Homeless Solutions Manager, Director of Housing and Homeless Services, Housing Manager, FA Supervisory Intelligence Analyst I and FA Supervisory Intelligence Analyst II position titles; (2) the deletion of the FA Supervisory Intelligence Analyst, Housing Manager (Unclassified), and Operations and Telecommunications Manager position titles; and (3) the updated salaries for Application Support Manager, City Clerk Analyst and Senior Procurement Specialist. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does adopt, as required by California Code of Regulations Title 2, Section 570.5, the revised Fiscal Year 2022-2023 Compensation Schedule effective November 18, 2022, in the form presented, a copy of which is available in the City Clerk’s Office, that reflects: (1) the addition of the Fleet Supervisor, Homeless Solutions Manager, Director of Housing and Homeless Services, Housing Manager, FA Supervisory Intelligence Analyst I and FA Supervisory Intelligence Analyst II position titles; (2) the deletion of the FA Supervisory Intelligence Analyst, Housing Manager (Unclassified), and Operations and Telecommunications Manager position titles; and (3) the updated salaries for Application Support Manager, City Clerk Analyst and Senior Procurement Specialist. Presented by Approved as to form by Courtney Chase Glen R. Googins 2022/11/08 City Council Post Agenda Page 264 of 719 Director of Human Resources /Risk Management City Attorney 2022/11/08 City Council Post Agenda Page 265 of 719 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE CITY MANAGER’S APPOINTMENT OF STACEY KURZ AS THE DIRECTOR OF HOUSING AND HOMELESS SERVICES WHEREAS, the City of Chula Vista’s Charter Section 500 (a) grants the City Manager the authority to appoint department heads subject to the approval of the City Council; and WHEREAS, the City Manager has selected Stacey Kurz to fill the position of Director of Housing and Homeless Services, effective November 18, 2022. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the City Manager’s appointment of Stacey Kurz to Director of Housing and Homeless Services effective November 18, 2022. Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources/Risk Management City Attorney 2022/11/08 City Council Post Agenda Page 266 of 719 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2022-23 BUDGET DUE TO POSITION CHANGES, AND APPROPRIATING FUNDS ACCORDINGLY WHEREAS, the City Charter states 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, the increase and extension of the Lateral Incentive Pay for New Lateral Peace Officer Hires, implementation of the Relocation Allowance for Executives, Senior Managers and Hard to Fill Classifications, and the first amendment to the IAFF MOU amending the medical benefit plans for calendar year 2023, are expected to be funded by other expenditure savings; and WHEREAS, the reorganization of the Community Services Department positions to the Public Works Department has no fiscal impact to the General Fund; and WHEREAS, the reorganization of the positions currently budgeted in the Jail fund to the Police Department will result in a fiscal impact to the General Fund of $1,146,658, the budgetary adjustment for this is reflected in the First Quarter Report; and WHEREAS, there is a net impact to the General Fund and other funds as identified in the table below and staff is requesting the proposed budgetary adjustments of $1,184,139 to be offset with increased revenues. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby amends the fiscal year 2022-23 budget and approves the following appropriation: Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources /Risk Management City Attorney PERSONNEL TRANSFERS TOTAL OTHER PROPERTY TAX TRANSFER TOTAL SERVICES OUT EXPENSE REVENUE IN LIEU OF VLF IN REVENUE NET COST General Fund 757,024$ 23,284$ 780,308$ -$ (750,828)$ (29,480)$ (780,308)$ -$ Central Garage Fund 74,784 - 74,784 (74,784) (74,784) - Development Services Fund (29,480) 29,480 - - - Federal Grants 68,361 - 68,361 (68,361) (68,361) - Housing Authority Fund 260,686 - 260,686 (237,402) (23,284) (260,686) - TOTAL OTHER FUNDS 1,131,375$ 52,764$ 1,184,139$ (380,547)$ (52,764)$ (1,184,139)$ -$ FUND 2022/11/08 City Council Post Agenda Page 267 of 719 RESOLUTION NO. __________ 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 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 18730, 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 Reform Act requires every local agency to review its Conflict of Interest Code periodically to determine if amendments are necessary; and WHEREAS, the City Attorney and the City Clerk have reviewed the Code and its appendix, consulted with Department Directors, and determined that amendments to the appendix of the Code are necessary; and WHEREAS, 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 §53234(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 1 and made a part of this Resolution. 2022/11/08 City Council Post Agenda Page 268 of 719 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 1 to this resolution, 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. Presented by Approved as to form by Kerry K. Bigelow, MMC Glen R. Googins City Clerk City Attorney 2022/11/08 City Council Post Agenda Page 269 of 719 v . 0 03 P a g e | 1 November 8, 2022 ITEM TITLE Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending September 30, 2022, and Appropriate Funds to Implement Required Budget Adjustments Report Number: 22-0291 Location: No specific geographic location Department: Finance Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Accept the quarterly financial report for the quarter ending September 30, 2022, (A) adopt a resolution making various amendments to the Fiscal Year 2022/23 budget to adjust for variances and appropriating funds for that purpose, and (B) adopt a resolution amending Council Policy 220-02 “Financial Reporting and Transfer Authority”. (4/5 Vote Required) SUMMARY The Finance Department, in collaboration with other City departments, prepares quarterly financial reports for the General Fund that reflect budget to actual comparisons, projected revenues and expenditures, and highlight major variances that may require additional action or changes. This report is as of September 30, 2022 and is in compliance with Section 504 (f) of the City Charter, which requires that quarterly financial reports be filed by the Director of Finance through the City Manager. In preparing the quarterly financial projections, staff has identified various budget changes that are needed to accurately reflect actual revenues and expenditures or address changes in budgetary needs. For government entities, a budget creates a legal framework for spending during the fiscal year. After the budget is approved by the City Council, there are circumstances which arise that could require adjustments to the approved budget. This report discusses budget adjustments that staff recommends in the General Fund as well as various other funds to address identified fiscal issues. 2022/11/08 City Council Post Agenda Page 270 of 719 P a g e | 2 Council Policy 220-02 “Financial Reporting and Transfer Authority” was established in January of 1996 and allows for budget transfers and adjustments to be completed. This report includes a recommended increase to the allowable transfer amount to align with the growth in the City’s annual operating budget. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION The First Quarter Report is developed using three months of actual activity for Fiscal Year 2022/2023 as of September 30, 2022. The data in this report is the most current data available; however, due to the limited data available year-end projections for departmental revenues and expenditures are not included in this report but will be provided in future Quarterly Financial Reports. As a result, the projections are likely to change. This report will provide summary information for the following areas: • Major General Fund Discretionary Revenues • Adjustments to General Fund Expenditures • Adjustments to non-General Fund funds The Finance Department will continue to monitor the City’s actual revenues and expenditures and will provide any significant changes in subsequent Quarterly Financial reports. General Fund Overview Revenues are projected to exceed budget by $6.3 million, and expenditures are projected to exceed budget by $3.2 million. Staff anticipates several major discretionary revenues are projected to come in higher than budget as detailed in the General Fund Revenues section. The increased revenue will offset various increases in projected expenditures totaling $3.2 million, detailed in the General Fund Expendit ure section of this report. There are unknown variables that may affect the General Fund including economic factors that may slow economic growth including continued increases in inflation, interest rates, unemployment, and other financial uncertainties. Staff will continue to monitor and will provide updates in future quarterly financial reports. 2022/11/08 City Council Post Agenda Page 271 of 719 P a g e | 3 General Fund Revenues The City’s major discretionary revenues are projected to exceed the amended budget by approximately $6.3 million. This is due to increased Property Tax, Property Tax in-lieu of VLF, and Sales Tax. Based on Fiscal Year 2021/22 projected actuals as reported in the 4th Quarter Financial Report as well as the increased home prices and home sales that occurred in the past year Property Tax is expected to exceed the amended budget by $1.9 million. Property Tax in-lieu of VLF will exceed the original estimate by $1.2 million based on the updated information provided by the County of San Diego. Sales Tax is anticipated to exceed the amended budget by $3.0 million. This information is based on updated information provided by HdL, the City’s sales tax consultant. Sales tax is estimated to be increasing due to the reopening of the US/Mexico Border as well as the impact of inflation on taxable goods, most notably gasoline prices. It is anticipated to decrease in 2022/11/08 City Council Post Agenda Page 272 of 719 P a g e | 4 future fiscal years because of global economic conditions including increased inflation, reduced, or eliminated federal funding that was distributed during the pandemic (i.e., federal stimulus payments to families, enhanced unemployment benefits, etc.), and the Federal reserve increasing interest rates. General Fund Expenditures Comprehensive projections on the General Fund Expenditures have not been included within this report, but there are one-time expenditures such as a grant to Southwestern College associated with the planned Cinematic Arts Academic Center and Library and additional capital improvement costs for Casa Casillas, that are anticipated to be incurred as well as the restructuring of the City Jail operations from the City Jail fund to the General Fund due to the elimination of the U.S. Marshals Service contract to provide intergovernmental detention services. In addition, there are various adjustments related to operations such as increased credit card fees for Community Services due to increased revenues, increased internal services charges in various departments, as well as increased exam and advertising costs within the Human Resources department due to a higher number of recruitments. The total budgetary needs are anticipated to be $3,150,999. The increased expenditures described above will be fully offset by the previously described increased Property Tax, Property Tax in-lieu of VLF, and Sales Tax revenues. Departmental Revenues and Expenditures Table 2 below provides the amended General Fund revenue budget, the projected year-end revenues, and the projected variance (in dollars). This information is provided at the department level. 2022/11/08 City Council Post Agenda Page 273 of 719 P a g e | 5 The largest variances in Departmental Revenues are projected in Non-Departmental and the Library Department. The Non-Departmental positive variance of $6.6 million reflects increases in major discretionary revenues, including Sales Tax, Property Tax, and Property Tax In-Lieu of VLF. The largest negative variance is in the Public Works Department. Totaling $0.5 million, this variance reflects a decrease in interfund reimbursements due to a decrease in anticipated grant reimbursements. Of the $6.3 million in projected revenues in excess of budget, staff recommends increasing the revenue projection by $3,727,122 with this action. Future quarterly reports will analyze additional revenue streams, and include recommendations for additional appropriations and adjustments to revenue projections. Table 3 below provides the amended General Fund expenditure budget, the projected year-end expenditures, and the projected variance (in dollars). This information is provided at the department level. Departmental Expenditures in excess of the amended budget are projected in multiple departments. The $7.5 million negative variance projected in the Public Works Department is due to the transfer of the Park Maintenance and Park Rangers programs from Parks and Recreation to Public Works. This overage is offset by projected savings of $7.9 million in Parks and Recreation. The $1.8 million projected overage in Non- Departmental is due to a planned $1.5 million grant to Southwestern College associated with the Cinematic 2022/11/08 City Council Post Agenda Page 274 of 719 P a g e | 6 Arts Academic Center and Library. The $1.3 million increase in the Police Department is the result of moving the staff and budget for the City Jail from the City Jail fund to the General Fund as a budgetary restructuring within the Police Department. The anticipated budgetary needs identified in this tabl e are addressed in the General Fund Adjustments section below. General Fund Adjustments 1 - Increase expenditure appropriations by $3,000 for Districting Commission. 2 - Increase expenditure appropriations by $80,000 for Supplies and Services costs and $20,000 in Personnel Services for hourly s taff to assist with recruiting efforts. 3 - Increase revenue appropriations for Property Taxes by $2,178,934 based on higher than anticipated revenues. 4 - Increase revenue appropriations for Sales Tax by $1,105,387 based on higher than anticipated revenue estimates from Sales Tax Consultant. 5 - Increase expenditure and revenue appropriations for Transient Occupancy Taxes by $178,915 based on higher than anticipated revenue. 6 - Increase expenditure and revenue appropriations for Bayfront RV Park Sales Tax by $15,000 transfer from the General Fund to t he Bayfront Lease Revenue Fund. 7 - Increase expenditure appropriations by $1,935,424 for the transfer from the General Fund to the Bayfront Lease Revenue Fund. 8 - Decrease expenditure appropriations by $1,756,509 for the transfer-out from the General Fund to the Chula Vista Bayfront Finance Authority Fund, which was replaced with a transfer to the Bayfront Lease Revenue Fund when the City Council adopted the Bayfront Financing Agreement on Resolution 2022-107 (May 10, 2022). 9 - Increase expenditure appropriations by $16,841 for the transfer-out from the General Fund to the Housing Fund for staff time costs. 10 - Increase expenditure appropriations by $121,123 for CIP expenditures for the Casa Casillas CIP project. 11 - Increase expenditure appropriations by $1,500,000 for a grant award to Southwest ern College to conduct a study related to the Cinematic Arts Academic Center and Library (contingent on receipt of State funds). 12 - Decrease expenditure appropriations by $504,193 for the transfer-out from the General Fund to the City Jail Fund that is being eliminated with the restructuring in the Police Department. 13 - Decrease expenditure appropriations by $7,598 for the transfer-out from the General Fund to the Federal Grants Fund to match the grant award for the FEMA Brush Clearance grant. 14 - Increase expenditure appropriations by $3,100 for the transfer-out from the General Fund to the Eastlake Maintenance District I Fund to match the levy for ELMD Zone C. 15 - Increase expenditure appropriations by $118,700 for Internal Service charges related to the Central Garage Fund in various de partments. 16 - Decrease expenditure appropriations by $100,000 for non-CIP Projects related to American Rescue Plan (ARPA) for the University Project. 17 - Increase expenditure appropriations by $100,000 for non-CIP Projects related to American Rescue Plan (ARPA) for the Equity & Inclusion Project. 18 - Transfer expenditure appropriations by $134,462 Personnel Services from the Fiscal Sustainability division (Org#1301193) to t he Traffic Engineering division (Org#1369207). 19 - Transfer expenditure appropriations by $5,000 from Other Expenses category to Supplies and Services category. 20 - Increase expenditure appropriations by $1,293,772 and revenue appropriations by $147,114 from the City Jail Fund to the General Fund moving for the Police Department for restructuring a net impact of $1,1146,658. 21 - Transfer expenditure appropriations by $15,000 from Personnel Services category to Supplies and Services category. 22 - Transfer expenditure appropriations by $150,000 from Personnel Services category to Supplies and Services category for the Custodial Services contract. 23 - Transfer expenditure appropriations by $7,970,171 and revenue appropriations by $162,250 moving Park Operations Administratio n, Park Rangers, and Park Maintenance from the Park and Recreation Department to the Public Works Department. 24 - Increase expenditure appropriations by $57,000 as a budgetary cleanup in the Storm Drain Division. 25 - Decrease expenditure appropriations by $696,796 for Supplies and Services related to American Rescue Plan (ARPA) for the Project Management Division. 26 - Increase expenditure appropriations by $100,000 in Other Expenses for credit card transaction fees. 27 - Increase expenditure appropriations by $166,696 in Supplies and Services for the solar panel maintenance agreement. 28 - Increase expenditure appropriations by $199,922 in Non-CIP expenditures related to American Rescue Plan (ARPA) for the Public Art program. 29 - Increase expenditure appropriations by $517,000 in Transfer-Out expenditures from the General Fund to the Public Liability Trust Fund for Table 4 PERSONNEL SUPPLIES &OTHER NON-CIP TRANSFERS INTERNAL TOTAL TOTAL Footnote SERVICES SERVICES EXPENSES BUDGET OUT UTILITIES SERVICE EXPENSE REVENUE NET COST GENERAL FUND Boards & Commissions 1 - 3,000 - - - - - 3,000 - 3,000 Human Resources 2 20,000 80,000 - - - - - 100,000 - 100,000 Non-Departmental 3-14, 29 - - 1,500,000 - 339,828 - - 1,839,828 (4,026,359) (2,186,531) Animal Care Facility 15 - - - - - - 1,480 1,480 - 1,480 Economic Development 16, 17 - - - - - - - - - - Development Services 15 - - - - - - 398 398 - 398 Engineering/Capital Projects 15, 18 - - - - - - 6,201 6,201 - 6,201 Police 15, 19-20 1,267,181 31,591 (5,000) - - - 34,050 1,327,822 (147,114) 1,180,708 Fire 15, 21 (15,000) 15,000 - - - - 47,285 47,285 - 47,285 Public Works 15, 21-26 4,037,586 362,502 1,400 - - 2,736,120 377,767 7,515,375 529,023 8,044,398 Parks and Recreation 15, 23, 27 (4,184,586) (688,602) 98,600 - - (2,736,120) (348,584) (7,859,292) 117,250 (7,742,042) Library 15, 28 - - - 199,922 - - 103 200,025 (199,922) 103 TOTAL GENERAL FUND 1,125,181$ (196,509)$ 1,595,000$ 199,922$ 339,828$ -$ 118,700$ 3,182,122$ (3,727,122)$ (545,000)$ General Fund Budget Adjustments Summary - 1st Quarter Fiscal Year 2022/2023 DEPARTMENT 2022/11/08 City Council Post Agenda Page 275 of 719 P a g e | 7 higher than anticipated legal costs. Other Fund Adjustments 1 - Increase expenditure appropriations by $1,950,424 for the transfer from the General Fund to the Bayfront Lease Revenue Fund. 2 - Increase expenditure appropriations by $1,820,400 for Other Capital for the purchase of Fire vehicles moving the allocation from FY2024 to FY2023 as approved on Resolution 2022-213. 3 - Decrease expenditure appropriations by $81,450 to reduce CIP Project Expenditures due to a decrease of the Pavement Maintenance Program FY22/23 (STL0459) by $282,547 and increase RMRA Pavement Rehab FY22/23 (STM0412) by $201,097 based on FY2022 actual revenues received. 4 - Increase expenditure appropriations by $31,277 for Internal Service charges related to the Central Garage Fund in various departments and funds. 5 - Increase expenditure appropriations by $128,877 for CIP expenditures for the Casa Casillas CIP project. 6 - Increase revenue appropriations by $1,040,184 from Transnet Revenues that are exceeding budget. 7 - Decrease expenditure appropriations by $1,787,061 for Transfers Out related to American Rescue Plan (ARPA) plan update. 8 - Increase expenditure and revenue appropriations by $45,000 for Public Safety grants that represents a decrease of $5,000 for Police Departme nt AB 109 R3 grant and increase of $50,000 for the Fire Training Fee Based grant. 9 - Decrease expenditure appropriations by $29,865 to match available grant balances. 10 - Decrease expenditure appropriations by $1,013,795 and increase revenue appropriations by $987,027 to match available grant balances. 11 - Increase expenditure appropriations by $620,954 and increase revenue appropriations by $619,585 to match available grant balances. 12 - Increase expenditure and revenue appropriations by $16,481 for Personnel Services and transfer from the General Fund. 13 - Decrease expenditure appropriations by $185,000 to align budget with Department of Finance final amounts. 14 - Increase expenditure appropriations by $39,519 in Supplies and Services for administrative costs. 15 - Increase expenditure appropriations by $504,000 for Bayfront Debt Service costs 16 - Increase expenditure and revenue appropriations for various Open Space and Maintenance Districts. 17 - Increase expenditure and revenue appropriations by $150,000 for Other Capital expenses and increase revenue from various departments and funds. 18 - Increase expenditure by $110,000 for Other Capital expenses for a vehicle purchase and outfitting. Table 5 PERSONNEL SUPPLIES &OTHER OTHER CIP INTERNAL TRANSFERS NON-CIP TOTAL TOTAL Footnote SERVICES SERVICES EXPENSES CAPITAL BUDGET SERVICE OUT BUDGET UTILITIES EXPENSE REVENUE NET COST OTHER FUNDS Bayfront Lease Revenue 1 - - 1,950,424 - - - - - - 1,950,424 (1,950,424) - 2016 Measure P Sales Tax 2 - - - 1,820,400 - - - - - 1,820,400 - 1,820,400 Transportation Grants-Gas Tax 3 - - - - (81,450) - - - - (81,450) - (81,450) 2018 Measure A Sales Tax 4 283,960 345,090 - 408,217 - 2,917 - - - 1,040,184 - 1,040,184 CPF Benefit Funds 5 - - - - 128,877 - - - - 128,877 - 128,877 Transportation Sales Tax 6 - - - - - - - - - - (1,071,460) (1,071,460) Advanced Life Support Program 4 - - - - - 282 - - - 282 - 282 American Rescue Plan Act 2021 7 - - - - - - (1,787,061) - - (1,787,061) - (1,787,061) Other Grants 8 (5,000) 50,000 - - - - - - - 45,000 (45,000) - Local Grants 9 (31,865) 2,000 - - - - - - - (29,865) - (29,865) Federal Grants 10 41,557 (207,869) (6,805) (40,000) - - - (800,678) - (1,013,795) (987,027) (2,000,822) State Grants 4, 11 6,367 1,922 600,491 - - 90 - - - 608,870 (619,585) (10,715) Environmental Services 4 - - - - - 382 - - - 382 - 382 Chula Vista Housing Authority 12 16,481 - - - - - - - - 16,481 (16,481) - RDA Successor Agency Fund 13 - 4,000 (189,000) - - - - - - (185,000) - (185,000) Section 115 Trust 14 - 39,519 - - - - - - - 39,519 - 39,519 Public Liability Trust 15 - 517,000 - - - - - - - 517,000 (517,000) - Bayfront Special Tax District 16 - - 504,000 - - - - - - 504,000 - 504,000 Eastlake Maintenance Dist I 16 - 35,100 675 - - - - - 16,500 52,275 28,900 81,175 Open Space District #10 16 - 6,993 - - - - - - (5,578) 1,415 1,504 2,919 Open Space District #11 16 - (6,993) - - - - - - 5,578 (1,415) (1,504) (2,919) Open Space District #23 4, 17 - 15,200 - - - - - - - 15,200 - 15,200 Central Garage Fund 18 - - - 150,000 - 1,103 - - - 151,103 (150,000) 1,103 Equipment Vehicle Replacement 19 - - - 110,000 - - - - - 110,000 - 110,000 City Jail 4 (1,777,943) (224,500) - - - - - - - (2,002,443) 2,002,443 - Living Coast Discovery Center 4 - - - - - 415 - - - 415 - 415 Development Services Fund 4 - - - - - 1,222 - - - 1,222 - 1,222 Transport Enterprise 20 - - - - - 9,116 - - - 9,116 - 9,116 Trunk Sewer Capital Reserve 4 - - - - - - - - - - (998,242) (998,242) Sewer Service Revenue 21 - 606,115 - 1,250,000 - 15,750 - - - 1,871,865 1,390,000 3,261,865 Sewer Facility Replacement 22 - - - - - - - - - - (56,000) (56,000) Sewer DIFs 23 - - - - - - - - - - (773,289) (773,289) Public Facilities DIF 24 - - - 180,754 - - - - - 180,754 2,093,650 2,274,404 Pedestrian Bridge DIFs 25 - - - - - - - - - - 266,923 266,923 Transportation DIFs 26 - - - - - - - - - - 3,200,048 3,200,048 CV Bayfront Finance Authority 27 - (1,756,509) - - - - - - - (1,756,509) 1,756,509 - Capital Improvement Projects 28 - - - - (2,878,877) - - - - (2,878,877) 2,878,877 - Parkland Acquisition & DevFees 29 - - - - - - - - - - (1,985,932) (1,985,932) Western-Park Acquisition & Dev 0 - - - - - - - - - - (264,867) (264,867) TOTAL OTHER FUNDS (1,466,443)$ (572,932)$ 2,859,785$ 3,879,371$ (2,831,450)$ 31,277$ (1,787,061)$ (800,678)$ 16,500$ (671,631)$ 4,182,043$ 3,510,412$ Other Fund Budget Adjustments Summary - 1st Quarter Fiscal Year 2022/2023 2022/11/08 City Council Post Agenda Page 276 of 719 P a g e | 8 19 - Decrease expenditure appropriations by $2,002,443 from the City Jail Fund to the General Fund moving for the Police Department restructuring. 20 - Increase revenue appropriations by $998,242 to align budget with anticipated revenue assumptions. 21 - Increase revenue appropriations by $56,000 to align budget with anticipated revenue assumptions based on the Council approved 2021 Rate Study. 22 - Increase revenue appropriations by $773,289 to align budget with anticipated revenue assumptions. 23 - Increase expenditure appropriations by $180,754 and decrease revenue appropriations by $2,093,650 to align with anticipated revenues. 24 - Decrease revenue appropriations by $266,923 to align with anticipated revenues. 25 - Decrease revenue appropriations by $3,200,048 to align with anticipated revenues. 26 - Decrease expenditure and revenue appropriations by $1,756,509 which was replaced with a transfer to the Bayfront Lease Revenue Fund when the City Council adopted the Bayfront Financing Agreement on Resolution 2020-107. 27 - Decrease expenditure and revenue appropriations by $2,910,000 for various CIP's to clean-up American Rescue Plan (ARPA) allocation by $3,000,000 and increase Casa Casillas’s CIP allocation by $121,123. 28 - Decrease revenue appropriations by $1,985,932 to align with anticipated revenues. 29 - Decrease revenue appropriations by $264,867 to align with anticipated revenues. 30 - Increase expenditure and revenue appropriations by $517,000 from a transfer-in from the General Fund for higher than anticipated legal costs. Update to Financial Reporting and Transfer Authority Policy On January 23, 1996, the Council adopted the Financial Reporting and Transfer Authority Policy, by Resolution No. 18191 (Policy). The Policy was established to clarify the authority for budget transfers which may be required to fund needed services in each City department within a given fiscal year. The Policy states that it is the City Council’s intent for the budget authorization to be maintained and that transfers should be limited and used only when it is necessary to continue the effective operations of the City. It also states that it is the City Manager’s responsibility to maintain the integrity of the adopted budget and to allow transfers only as a means for continuing the programs and policies of the City Council as approved via the budgetary process. The Policy establishes that Departments shall maintain budgetary control at the summary account level rather than by line item to give flexibility of operations and provides the following guidelines: 1. Budgetary control shall be established at the summary account level, i.e., Employee Services, Supplies & Services and Capital Outlay, giving departments the flexibility to manage within broader limits, rather than controlling at the individual line-item account level. 2. Council approval shall be required for all transfers of appropriations between departments, regardless of amount. 3. Council approval shall be required for transfers of appropriations which are greater than $15,000 between summary accounts within a department. 4. The City Council delegates authority to the City Manager for approval of transfers of appropriations up to and including $15,000 between summary accounts within the same department upon certification by Director of Finance that appropriations are available. 5. The City Council shall receive a quarterly status report [required by Charter section 504(f)], from the Director of Finance which provides actual vs. budgetary comparisons by department, as well as projections for fiscal year. Included in this report will notification of any transfers within departments. The City Manager’s authority to transfer appropriations up to and including $15,000 between summary accounts within the same department provides the administrative authority to quickly approve transfers required to fund the programs and policies of the City Council, as approved via the budgetary process. Since the adoption of this Policy in 1996, the allowable transfer amount has remained the same while the annual operating budget for the General Fund has increased from $54.3 million to $248.9 million, an increase of 358 percent. As such, Staff is recommending an increase to the allowable transfer amount to align with the growth in the City’s annual operating budget and expand the use of this authority. For reference, a 358 percent 2022/11/08 City Council Post Agenda Page 277 of 719 P a g e | 9 increase to the allowable transfer amount of $15,000 equates to $68,724, however staff recommends increasing the allowable transfer amount to $75,000, a rounded figure that aligns with the anticipated growth in the City’s annual budget over the next few years. Lastly, staff recommends some minor text edits to the Policy language with no impact to the operation of the Policy. A copy of the updated Policy is included as Attachment 3 to this Staff Report. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The First Quarter Monitoring Report presents projected revenue and expenditure actuals as of September 30, 2022. Approval of the resolution amending the fiscal year 2022/2023 budget will result in the following impacts: General Fund – The proposed adjustments increase expenditure appropriations by $3,182,122 and increase estimated revenues by $3,727,122. The $545,000 difference in these amounts reflects increased revenue projections offsetting appropriations previously approved via City Council Resolution Nos. 2022-190 (Charter Update) and 2022-203 (Harborside Park). Other Funds – The proposed adjustments have a net cost decrease of $3,510,412 to various funds that includes a decrease of expenses by approximately $671,631 and a decrease of revenues by $4,182,043. ONGOING FISCAL IMPACT Staff will review the impacted budgets to identify potential ongoing impacts and will incorporate as required during the fiscal year 2023/2024 budget development process. ATTACHMENTS Attachment 1 – General Fund Budget Transfers Attachment 2 – General Fund Budget Amendments Attachment 3 – Council Policy 220-02 Financial Reporting and Transfer Authority (Redline version) Staff Contact: Sarah Schoen, Director of Finance/Treasurer and Ed Prendell, Budget and Analysis Manager 2022/11/08 City Council Post Agenda Page 278 of 719 Attachment 1 Department From To Reason Amount Public Works Personnel Services Supplies and Services Transfer for new computers 5,000$ Total General Fund Budget Transfers 5,000$ Fiscal Year 2022‐2023 (as of September 30, 2022) GENERAL FUND BUDGET TRANSFERS Approved by Administration 2022/11/08 City Council Post Agenda Page 279 of 719 Attachment 2 Resolution Budget Amendments Revenue Expenditure Net Impact 2022‐164 Appropriation for Small Business Grants 250,000$ 250,000$ ‐$ 2022‐170 Personnel Appropriations (Various)971,114 971,114 ‐ 2022‐189 Personnel Appropriations (Various)47,783 47,783 ‐ 2022‐190 Charter Update Appropriations (City Clerk)‐ 195,000 (195,000) 2022‐203 Appropriation for Harborside Park Closure ‐ 350,000 (350,000) Total General Fund Budget Amendments $ 1,268,897 $ 1,813,897 $ (545,000) Fiscal Year 2021‐2022 (as of June 30, 2022) General Fund Budget Amendments 2022/11/08 City Council Post Agenda Page 280 of 719 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: FINANCIAL REPORTING AND TRANSFER AUTHORITY POLICY NUMBER EFFECTIVE DATE PAGE 220-02 01/23/9611/08/ 2022 1 OF 2 ADOPTED BY: Resolution No. 18191 DATED: 01/23/96 AMENDED BY: 2022-XXX (11/08/2022) Purpose To clarify the authority for budget transfers which may be required to fund needed services in each city department within a given fiscal year. Reference City Charter Section 504.c - the Finance Director shall… have control over all expenditures to insureensure that budget appropriations are not exceeded… Section 504.f - Submit to the City Council through the City Manager a quarterly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City Policy It is the intent of the City Council that the budget authorization be maintained and that transfers should limited, and be limited and used only when it is necessary to continue the effective operations of the City. This policy shall establish guidelines for determining the authority level of transfers within the departments. It is the City Manager’s responsibility to maintain the integrity of the adopted budget and to allow transfers only as a means for continuing the programs and policies of the City Council as approved via the budgetary process. Department heads shall be held responsible to exercise adequate financial controls to ensure the accomplishment of scheduled work programs withing available appropriations. Departments shall maintain budgetary control at the summary accountbudget category level rather than by line item to give flexibility of operations. Toward this end, the following guidelines are established: 1. Budgetary control shall be established at the summary accountbudget category level, i.e. Employee Personnel Services, Supplies & Services and Capital OutlayUtilities, etc., giving departments the flexibility to manage within broader limits, rather than controlling at the individual line item account level. 2. Council approval shall be required for all transfers of appropriations between departments, regardless of amount. 3. Council approval shall be required for transfers of appropriations which are greater than $7515,000 between summary accounts within a department. Attachment 3 2022/11/08 City Council Post Agenda Page 281 of 719 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: FINANCIAL REPORTING AND TRANSFER AUTHORITY POLICY NUMBER EFFECTIVE DATE PAGE 220-02 01/23/9611/08/ 2022 2 OF 2 ADOPTED BY: Resolution No. 18191 DATED: 01/23/96 AMENDED BY: 2022-XXX (11/08/2022) 4. The City Council delegates authority to the City Manager for approval of transfers of appropriations up to and including $7515,000 between summary accounts budget categories within the same department upon certification by Director of Finance that appropriations are available. 5. The City Council shall receive a quarterly status report [required by Charter section 504(f)], from the Director of Finance which provides actual vs. budgetary comparisons by department, as well as projections for fiscal year. Included in thisThis report will notification include a listing of any transfers within departments. Attachment 3 2022/11/08 City Council Post Agenda Page 282 of 719 RESOLUTION NO. ________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2022/23 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) WHEREAS, the City Charter states 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 September 30, 2022 and is recommending a number of budget amendments; and WHEREAS, staff is recommending increasing $3,182,122 in expense appropriations to various departments in the General Fund and increasing revenues appropriations by $3,727,122, resulting in a positive net impact of $545,000 to the General Fund; and WHEREAS, the Transportation Grants-Gas Tax Fund, Transportation Sales Tax Fund, American Rescue Plan Act 2021 Fund, Local Grants Fund, Federal Grants Fund, State Grants Fund, RDA Successor Agency Fund, Open Space District #11 Fund, Trunk Sewer Reserve Fund, Sewer Facility Replacement Fund, Sewer DIFs Fund, Parkland Acquisition & Development Fees Fund, and Western-Park Acquisition & Development Fund will be positively impacted as a result of increased revenue appropriations resulting from the recommended changes; and WHEREAS, the 2016 Measure P Sales Tax Fund, 2018 Measure A Sales Tax Fund, CPF Benefit Fund, Advanced Life Support Program Fund, Environmental Services Fund, Section 115 Trust Fund, Bayfront Special Tax District Fund, Eastlake Maintenance District I Fund, Open Space District #10 Fund, Open Space District #23 Fund, Central Garage Fund, Equipment Vehicle Replacement Fund, Living Coast Discovery Center Fund, Development Services Fund, Transport Enterprise Fund, Sewer Service Revenue Fund, Public Facilities DIF Fund, Pedestrian Bridge DIFs Fund, and Transportation DIFs Fund will be negatively impacted due to adjustments that will add appropriations that will be made from the available balances of these funds; and WHEREAS, the recommended adjustments to the Bayfront Lease Revenue Fund, Other Grants Fund, Chula Vista Housing Authority Fund, Public Liability Trust Fund, City Jail Fund, CV Bayfront Finance Authority Fund, and Capital Improvement Projects Fund consist of offsetting adjustments between revenue and expenditure categories and are neutral resulting in no net impact to these funds; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby amend the fiscal year 2022/23 budget and approves the following appropriations and transfers: 2022/11/08 City Council Post Agenda Page 283 of 719 Resolution No. ________ Page 2 Summary of General Fund Appropriations and/or Transfers Summary of Appropriations and/or Transfers for Other Funds Presented by Approved as to form by Sarah Schoen Glen R. Googins Director of Finance/Treasurer City Attorney General Fund Budget Adjustments Summary - 1st Quarter Fiscal Year 2022/2023 PERSONNEL SUPPLIES &OTHER NON-CIP TRANSFERS INTERNAL TOTAL TOTAL SERVICES SERVICES EXPENSES BUDGET OUT UTILITIES SERVICE EXPENSE REVENUE NET COST GENERAL FUND Boards & Commissions - 3,000 - - - - - 3,000 - 3,000 Human Resources 20,000 80,000 - - - - - 100,000 - 100,000 Non-Departmental - - 1,500,000 - 339,828 - - 1,839,828 (4,026,359) (2,186,531) Animal Care Facility - - - - - - 1,480 1,480 - 1,480 Development Services - - - - - - 398 398 - 398 Engineering/Capital Projects - - - - - - 6,201 6,201 - 6,201 Police 1,267,181 31,591 (5,000) - - - 34,050 1,327,822 (147,114) 1,180,708 Fire (15,000) 15,000 - - - - 47,285 47,285 - 47,285 Public Works 4,037,586 362,502 1,400 - - 2,736,120 377,767 7,515,375 529,023 8,044,398 Parks and Recreation (4,184,586) (688,602) 98,600 - - (2,736,120) (348,584) (7,859,292) 117,250 (7,742,042) Library - - - 199,922 - - 103 200,025 (199,922) 103 TOTAL GENERAL FUND 1,125,181$ (196,509)$ 1,595,000$ 199,922$ 339,828$ -$ 118,700$ 3,182,122$ (3,727,122)$ (545,000)$ DEPARTMENT Other Funds Budget Admendments Summary - 1st Quarter Fiscal Year 2022/2023 PERSONNEL SUPPLIES &OTHER OTHER CIP INTERNAL TRANSFERS NON-CIP TOTAL TOTAL SERVICES SERVICES EXPENSES CAPITAL BUDGET SERVICE OUT BUDGET UTILITIES EXPENSE REVENUE NET COST OTHER FUNDS Bayfront Lease Revenue - - 1,950,424 - - - - - - 1,950,424 (1,950,424) - 2016 Measure P Sales Tax - - - 1,820,400 - - - - - 1,820,400 - 1,820,400 Transportation Grants-Gas Tax - - - - (81,450) - - - - (81,450) - (81,450) 2018 Measure A Sales Tax 283,960 345,090 - 408,217 - 2,917 - - - 1,040,184 - 1,040,184 CPF Benefit Funds - - - - 128,877 - - - - 128,877 - 128,877 Transportation Sales Tax - - - - - - - - - - (1,071,460) (1,071,460) Advanced Life Support Program - - - - - 282 - - - 282 - 282 American Rescue Plan Act 2021 - - - - - - (1,787,061) - - (1,787,061) - (1,787,061) Other Grants (5,000) 50,000 - - - - - - - 45,000 (45,000) - Local Grants (31,865) 2,000 - - - - - - - (29,865) - (29,865) Federal Grants 41,557 (207,869) (6,805) (40,000) - - - (800,678) - (1,013,795) (987,027) (2,000,822) State Grants 6,367 1,922 600,491 - - 90 - - - 608,870 (619,585) (10,715) Environmental Services - - - - - 382 - - - 382 - 382 Chula Vista Housing Authority 16,481 - - - - - - - - 16,481 (16,481) - RDA Successor Agency Fund - 4,000 (189,000) - - - - - - (185,000) - (185,000) Section 115 Trust - 39,519 - - - - - - - 39,519 - 39,519 Public Liability Trust - 517,000 - - - - - - - 517,000 (517,000) - Bayfront Special Tax District - - 504,000 - - - - - - 504,000 - 504,000 Eastlake Maintenance Dist I - 35,100 675 - - - - - 16,500 52,275 28,900 81,175 Open Space District #10 - 6,993 - - - - - - (5,578) 1,415 1,504 2,919 Open Space District #11 - (6,993) - - - - - - 5,578 (1,415) (1,504) (2,919) Open Space District #23 - 15,200 - - - - - - - 15,200 - 15,200 Central Garage Fund - - - 150,000 - 1,103 - - - 151,103 (150,000) 1,103 Equipment Vehicle Replacement - - - 110,000 - - - - - 110,000 - 110,000 City Jail (1,777,943) (224,500) - - - - - - - (2,002,443) 2,002,443 - Living Coast Discovery Center - - - - - 415 - - - 415 - 415 Development Services Fund - - - - - 1,222 - - - 1,222 - 1,222 Transport Enterprise - - - - - 9,116 - - - 9,116 - 9,116 Trunk Sewer Capital Reserve - - - - - - - - - - (998,242) (998,242) Sewer Service Revenue - 606,115 - 1,250,000 - 15,750 - - - 1,871,865 1,390,000 3,261,865 Sewer Facility Replacement - - - - - - - - - - (56,000) (56,000) Sewer DIFs - - - - - - - - - - (773,289) (773,289) Public Facilities DIF - - - 180,754 - - - - - 180,754 2,093,650 2,274,404 Pedestrian Bridge DIFs - - - - - - - - - - 266,923 266,923 Transportation DIFs - - - - - - - - - - 3,200,048 3,200,048 CV Bayfront Finance Authority - (1,756,509) - - - - - - - (1,756,509) 1,756,509 - Capital Improvement Projects - - - - (2,878,877) - - - - (2,878,877) 2,878,877 - Parkland Acquisition & DevFees - - - - - - - - - - (1,985,932) (1,985,932) Western-Park Acquisition & Dev - - - - - - - - - - (264,867) (264,867) TOTAL OTHER FUNDS (1,466,443)$ (572,932)$ 2,859,785$ 3,879,371$ (2,831,450)$ 31,277$ (1,787,061)$ (800,678)$ 16,500$ (671,631)$ 4,182,043$ 3,510,412$ DEPARTMENT 2022/11/08 City Council Post Agenda Page 284 of 719 COUNCIL RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REVISED FINANCIAL REPORTING AND TRANSFER AUTHORITY POLICY WHEREAS, on January 23, 1996, the City Council of the City of Chula Vista adopted the Financial Reporting and Transfer Authority Policy by Resolution No. 18191; and WHEREAS, the City Manager’s authority to transfer appropriations up to and including $15,000 between summary accounts within the same department provides administrative authority to quickly approve transfers; and WHEREAS, since 1996, the allowable transfer amount has remained the same; and WHEREAS, staff is recommending an increase to the City Manager’s allowable transfer amount of $75,000 to the Financial Reporting and Transfer Authority Policy; and WHEREAS, staff is recommending additional minor language updates; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it adopts the updated Fiscal Policy 220-02 in substantially the form presented, with such minor modifications as may be required or approved by the City Attorney. Presented by Approved as to form by Sarah Schoen Glen R. Googins Director of Finance/Treasurer City Attorney 2022/11/08 City Council Post Agenda Page 285 of 719 v . 0 03 P a g e | 1 November 8, 2022 ITEM TITLE Grant Award: Accept a Grant from the U.S. Department of Justice Office of Community Oriented Policing Services for the Community Policing Development Microgrant Report Number: 22-0292 Location: No specific geographic location Department: Police Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution accepting $160,224 grant funds and appropriating the funds to the Police Grants Section of the Federal Grants Fund for the Community Policing Development Microgrant. (4/5 Vote Required) SUMMARY The Police Department has received notice of the 2022 Community Policing Development Microgrant award in the amount of $160,223.76 from the U.S. Department of Justice’s Office o f Community Oriented Policing Services (COPS). These funds will be used to expand the Police Department’s community engagement efforts by providing comprehensive courses to the community. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. 2022/11/08 City Council Post Agenda Page 286 of 719 P a g e | 2 DISCUSSION On May 5, 2022, the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS Office) announced funding for the COPS Office FY 2022 Community Policing Development (CPD) Microgrants program. CPD Microgrants funds are used to develop the capacity of law enforcement to implement community policing strategies by providing guidance on promising practices through the development and testing of innovative strategies; building knowledge about effective practices and outcomes; and supporting new, creative approaches to preventing crime and promoting safe communities. The Police Department submitted a grant application on June 23, 2022 to enhance the following community engagement efforts. Teen Academy & Citizens Academy The Police Department currently runs a Teen Academy and a Citizens Academy once a year, both of which are always in high demand. There is a limited capacity due to classroom size and instructor availability, resulting in some applicants being turned away. In the current fiscal year, the Police Department would like to expand each of these academies to twice a year to afford more community members an opportunity to participate. Community Leader’s Academy As a new concept, the Police Department would also like to create a condensed 1 or 2 day Community Leader’s Academy, which will focus on the primary community concerns with regards to law enforcement operations. This academy will allow the community to learn about police operations and demonstrate how public safety is our top priority. The course’s curriculum will be designed for community leaders from the political, business, faith-based and neighborhood associations to help us maintain and strengthen our legitimacy, trust and open lines of communication. Internship Program Additionally, the grant funds will be used to enhance youth engagement efforts by creating an internship program that fulfills local high school and college internship program requirements. The Police Department currently does not have an intern program, but requests are regularly received for this type of program. The Police Department will work with local educational institutions to implement a weeklong internship program to showcase our agency’s internal operations with an emphasis on our mission, philosophy, legal authority and community partnerships to achieve our goals. With the COPS grant funding, these enhancements will bolster the Police Department’s community engagement efforts and create a stronger bond between our organization and the community we serve. Funds are mainly used for staff overtime ($157,024) to conduct the leadership academy, citizens academy, teen academy and internship program. $3,200 will be used for supplies to conduct the academies and internship program. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). 2022/11/08 City Council Post Agenda Page 287 of 719 P a g e | 3 Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in the acceptance of $160,223.76 for the 2022 Community Policing Development Microgrant from the U.S. Department of Justice, and a one-time appropriation of said funds to the Police Grants Section of the Federal Grants Fund. The funds from the U.S. Department of Justice will completely offset these costs, resulting in no fiscal impact to the General Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact for accepting these grant funds. ATTACHMENTS None. Staff Contact: Jonathan Alegre, Police Department 2022/11/08 City Council Post Agenda Page 288 of 719 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FUNDS FROM THE U.S. DEPARTMENT OF JUSTICE AND APPROPRIATING FUNDS THEREFOR WHEREAS, on May 5, 2022, the U.S. Department of Justice, Office of Community Oriented Policing Services announced funding for FY 2022 Community Policing Development Microgrants program; and WHEREAS, Community Policing Development Microgrants funds are used to develop the capacity of law enforcement to implement community policing strategies by providing guidance on promising practices through the development and testing of innovative strategies; building knowledge about effective practices and outcomes; and supporting new, creative approaches to preventing crime and promoting safe communities; and WHEREAS, the Police Department was awarded $160,223.76 to enhance its Teen and Citizen Academies, and establish a Community Leader’s Academy and Internship Program; and WHEREAS, the grant funds will bolster the Police Department’s community engagement efforts and create a stronger bond with the community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby accepts $160,223.76 from the U.S. Department of Justice’s Office of Community Oriented Policing Services and appropriates said funds to the Police Grants section of the Federal Grants Fund for the Community Policing Development Microgrant. Presented by Approved as to form by Roxana Kennedy Glen R. Googins Police Chief City Attorney 2022/11/08 City Council Post Agenda Page 289 of 719 v . 0 03 P a g e | 1 November 8, 2022 ITEM TITLE Agreements: Approve 20 Agreements for On-Call Development and Housing Related Consultant Services Report Number: 22-0293 Location: No specific geographic location Department: Development Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving twenty consultant service agreements for on-call consultant services for Development and Housing related services in the areas of Civil Engineering, Construction Cost Audit, Fiscal Analysis, Housing, Landscape Architecture and Planning for a term of one year and a not-to-exceed amount of $500,000 for each category for which a consultant has been selected. The twenty (20) firms selected are CR Associates, Inc, Ninyo & Moore, RICK Engineering, Harris & Associates, Inc., NBS, Economic & Planning Systems, Inc., Keyser Marston Associates, Inc., Willdan Financial Services, Ross Financial, Michael Baker International, RSG, Inc., DeLorenzo International, Deneen Powell Atelier, Inc, Estrada Land Planning, Inc., KTU&A, Spurlock Landscape Architects, DUDEK, Eilar Associates, Inc., RECON Environmental Inc., and TRC Engineers. SUMMARY The Development Services Department oversees a variety of private development projects that require consultants as a supporting, technical resource to City Staff in the areas of Civil Engineering, Construction Cost Audit, Fiscal Analysis, Housing, Landscape Architecture and Planning. This list of on-call consultant services will allow City staff to obtain these services for specific technical services in a timely fashion. Additionally, this list of consultants could be used by other City departments should they have needs for these specific technical services. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines 2022/11/08 City Council Post Agenda Page 290 of 719 P a g e | 2 because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City of Chula Vista (“City”) has an critical business need for on-call consultant services that can support the work of City staff during the permitting process for private development projects. The City has many large complex projects in review that require technical analysis in the areas of Civil Engineering, Construction Cost Audit, Fiscal Analysis, Housing, Landscape Architecture and Planning. Cities of similar size as Chula Vista utilize consultants for third party reviewers on technical analysis associated with projects, as City staff are not all experts in various fields that are needed during the entitlement and development permitting process. On March 12, 2021, the City posted a solicitation for Request for Qualifications (“RFQs”) RFQ Q13-20/21 to prequalify consultants to provide on-call planning, civil engineering, landscape architecture, fiscal analysis, construction cost audit and housing related services. This solicitation produced 40 respondents. Each category of consultant had a team of City staff review and rank the responses. For each category, City staff selected the top three to five consultants to ensure adequate capacity for a request at the time the respective services are necessary. City staff selected and is recommending the following twenty (20) consultants for contract award: Civil Engineering Services: CR Associates, Inc, Ninyo & Moore and RICK Engineering Construction Cost Audit Services: Harris & Associates, Inc. and NBS Fiscal Analysis Services: Economic & Planning Systems, Inc., Keyser Marston Associates, Inc. and Willdan Financial Services Housing Services: Harris & Associates, Inc., Ross Financial, Michael Baker International and RSG, Inc. Landscape Architecture Services: DeLorenzo International, Deneen Powell Atelier, Inc, Estrada Land Planning, Inc., KTU&A and Spurlock Landscape Architects Planning Services: including review and/or preparing California Environmental Quality Act (“CEQA”) technical studies: Michael Baker International, DUDEK, Eilar Associates, Inc., RECON Environmental Inc., and TRC Engineers The proposed consultant contracts will have a term of one-year and a not-to-exceed contract amount of $500,000. The contracts provide that the City reserves the right to use or not use the consultants for services based on City’s professional service needs. Two of the consultant firms, Harris & Associates, Inc. and Michael Baker International, were selected in two of the six categories of the RFQ. If approved, each of these consultant firms will have one agreement covering the two categories selected, with a not-to-exceed amount of $1,000,000. 2022/11/08 City Council Post Agenda Page 291 of 719 P a g e | 3 The proposed consultant service agreements allow for contract capacity for future professional service needs within Development Services Department and other City Departments. Specific to the needs in Development Services, any professional services performed by a consultant firm would be paid from developer deposit accounts and would not be paid from the General Fund. Staff recommends that the City Council adopt the Resolution to approve 20 consultant service agreements for various on-call professional service needs in the Development Services Department. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current year fiscal impact to the General Fund or Development Services Fund as a result of this action. Should services be needed for a specific private development project, those services would be paid from the applicant’s deposit account. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund or Development Services Fund as a result of this action. Should services be needed for a specific private development project, those services would be paid from the applicant’s deposit account. ATTACHMENTS Attachment 1 – Civil Engineering Services Agreement – CR Associates, Inc. Attachment 2 – Civil Engineering Services Agreement – Ninyo & Moore Attachment 3 – Civil Engineering Services Agreement – RICK Engineering Company Attachment 4 – Construction Cost Audit and Housing Services Agreement – Harris & Associates, Inc. Attachment 5 – Construction Cost Audit Services Agreement – NBS Attachment 6 – Fiscal Analysis Services Agreement – Economic & Planning Systems, Inc. Attachment 7 – Fiscal Analysis Services Agreement – Keyser Marston Associates, Inc. Attachment 8 – Fiscal Analysis Services Agreement – Willdan Financial Services Attachment 9 – Housing Services Agreement – Ross Financial Attachment 10 – Housing Services Agreement – RSG, Inc. Attachment 11 – Landscape Architecture Agreement - DeLorenzo International Attachment 12 - Landscape Architecture Agreement – Deneen Powell Atelier, Inc. Attachment 13 - Landscape Architecture Agreement – Estrada Land Planning, Inc. Attachment 14 - Landscape Architecture Agreement – KTU&A Attachment 15 - Landscape Architecture Agreement – Spurlock Landscape Architects Attachment 16 – Planning and Housing Services Agreement – Michael Baker International, Inc. Attachment 17 - Planning and Housing Services Agreement – DUDEK Attachment 18 - Planning and Housing Services Agreement – Eilar Associates, Inc. Attachment 19 - Planning and Housing Services Agreement – RECON Environmental, Inc. Attachment 20 - Planning and Housing Services Agreement – TRC Engineers, Inc. 2022/11/08 City Council Post Agenda Page 292 of 719 P a g e | 4 Staff Contact: Reginald Paragas, Fiscal Office Specialist, Development Services Jay Alvarado, Principal Management Analyst, Development Services Laura C. Black, AICP, Director of Development Services 2022/11/08 City Council Post Agenda Page 293 of 719 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS BETWEEN THE CITY AND TWENTY CONSULTANTS TO PROVIDE ON- CALL PROFESSIONAL SERVICES FOR CIVIL ENGINEERING, CONSTRUCTION COST AUDIT, FISCAL ANALYSIS, HOUSING, LANDSCAPE ARCHITECTURE AND PLANNING SERVICES WHEREAS, the City has a need for on-call consultants to provide professional services to support ongoing development projects and City projects in the following professional service categories: Civil Engineering, Construction Cost Audits, Fiscal Analysis, Housing, Landscape Architecture, and Planning; and WHEREAS, on March 12, 2021, the City solicited a Request for Qualifications (“RFQ”) for these on-call consultant professional services; and WHEREAS, the City received 40 responses to the RFQ; and WHEREAS, staff reviewed the submitted responses and selected a total of twenty (20) consultant firms for award in the following professional service categories: Civil Engineering – CR Associates, Inc, Ninyo & Moore, and RICK Engineering; Construction Cost Audit – Harris & Associates, Inc. and NBS; Fiscal Analysis – Economic & Planning Systems, Inc., Keyser Marston Associates, Inc., and Willdan Financial Services; Housing – Harris & Associates, Inc., Ross Financial, Michael Baker International and RSG, Inc.; Landscape Architecture – DeLorenzo International, Deneen Powell Atelier, Inc, Estrada Land Planning, Inc., KTU&A, and Spurlock Landscape Architects; and Planning – Michael Baker International, DUDEK, Eilar Associates, Inc., RECON Environmental Inc., and TRC Engineers; and WHEREAS, two of the consultant firms, Harris & Associates, Inc. and Michael Baker International, were selected in two of the above professional service categories; and WHEREAS, the proposed agreements would have a term of one year and a not-to-exceed amount of $500,000 for each professional service category for which a consultant was selected; and WHEREAS, payments to consultants under the agreements are to be paid from developer deposit accounts and not from the General Fund; and WHEREAS, staff recommends that the City Council adopt a resolution approving the twenty (20) consultant service agreements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the consultant service agreements between the City of Chula Vista and twenty (20) consultant firms to provide Civil Engineering, Construction Cost Audit, Fiscal Analysis, Housing, 2022/11/08 City Council Post Agenda Page 294 of 719 Landscape Architecture, or Planning services, respectively, in the forms presented, with such minor modifications as may be required or approved by the City Attorney, copies of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager or designee to execute the same. Presented by Approved as to form by Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney 2022/11/08 City Council Post Agenda Page 295 of 719 1 City of Chula Vista Agreement No.: 2022-182 Consultant Name: CHEN RYAN ASSOCIATES, INC. Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH CHEN RYAN ASSOCIATES, INC. TO PROVIDE CIVIL ENGINEERING SERVICES This Agreement is entered into effective as of December 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and CHEN RYAN ASSOCIATES, INC., a California Corporation. (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide civil engineering services; and WHEREAS, City advertised for competitive requests for qualifications for said services; and WHEREAS, after reviewing submitted responses, Consultant was chosen as one of three of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/11/08 City Council Post Agenda Page 296 of 719 2 City of Chula Vista Agreement No.: 2022-182 Consultant Name: CHEN RYAN ASSOCIATES, INC. Rev. 9/15/20 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/11/08 City Council Post Agenda Page 297 of 719 3 City of Chula Vista Agreement No.: 2022-182 Consultant Name: CHEN RYAN ASSOCIATES, INC. Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/11/08 City Council Post Agenda Page 298 of 719 4 City of Chula Vista Agreement No.: 2022-182 Consultant Name: CHEN RYAN ASSOCIATES, INC. Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/11/08 City Council Post Agenda Page 299 of 719 5 City of Chula Vista Agreement No.: 2022-182 Consultant Name: CHEN RYAN ASSOCIATES, INC. Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity 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 limi ted to the extent required by California Civil Code section 2782.8. 2022/11/08 City Council Post Agenda Page 300 of 719 6 City of Chula Vista Agreement No.: 2022-182 Consultant Name: CHEN RYAN ASSOCIATES, INC. Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/11/08 City Council Post Agenda Page 301 of 719 7 City of Chula Vista Agreement No.: 2022-182 Consultant Name: CHEN RYAN ASSOCIATES, INC. Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/11/08 City Council Post Agenda Page 302 of 719 8 City of Chula Vista Agreement No.: 2022-182 Consultant Name: CHEN RYAN ASSOCIATES, INC. Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/11/08 City Council Post Agenda Page 303 of 719 9 City of Chula Vista Agreement No.: 2022-182 Consultant Name: CHEN RYAN ASSOCIATES, INC. Rev. 9/15/20 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/11/08 City Council Post Agenda Page 304 of 719 10 City of Chula Vista Agreement No.: 2022-182 Consultant Name: CHEN RYAN ASSOCIATES, INC. Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. CHEN RYAN ASSOCIATES, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Monique Chen MARIA V. KACHADOORIAN Principal CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/11/08 City Council Post Agenda Page 305 of 719 11 City of Chula Vista Agreement No.: 2022-182 Consultant Name: CHEN RYAN ASSOCIATES, INC. Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jay Alvarado City of Chula Vista Development Services Department 276 Fourth Avenue, Chula Vista, CA 91910 619-409-5805 JayAlvarado@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: CHEN RYAN ASSOCIATES, INC. 3900 Fifth Avenue, Suite 310, San Diego, CA 92103 619-468-2783 mchen@cramobility.com For Legal Notice Copy to: Monique Chen -Principal 3900 Fifth Avenue, Suite 310, San Diego, CA 92103 619-468-2783 mchen@cramobility.com 2. Required Services A. General Description: The Consultant shall provide professional civil engineering services as requested by the City per Section B, “Detailed Description”. B. Detailed Description: When requested by the City, Consultant shall provide City with general civil engineering services. When requested by the City, Consultant shall provide City with geotechnical study review and/or preparation. When requested by the City, Consultant shall provide City with water quality & drainage study review and/or preparation. When requested by the City, Consultant shall provide City with transportation study review and/or preparation. 2022/11/08 City Council Post Agenda Page 306 of 719 12 City of Chula Vista Agreement No.: 2022-182 Consultant Name: CHEN RYAN ASSOCIATES, INC. Rev. 9/15/20 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2022 and end on November 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Job Classification Hourly Bill Rate Planning & TEO Principal III $350.00 Principal II $290.00 Principal I $265.00 Senior Engineer/Planner III $230.00 Senior Engineer/Planner II $220.00 Senior Engineer/Planner I $180.00 Engineer/Planner II $165.00 Engineer/Planner I $148.00 Assistant Engineer/Planner $133.00 Support Project Accountant $155.00 Admin / Graphic Design $140.00 Support Staff / Intern $85.00 B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 30, 2023 shall not exceed $500,000.00. 5. Special Provisions: ☒ None 2022/11/08 City Council Post Agenda Page 307 of 719 13 City of Chula Vista Agreement No.: 2022-182 Consultant Name: CHEN RYAN ASSOCIATES, INC. Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/11/08 City Council Post Agenda Page 308 of 719 14 City of Chula Vista Agreement No.: 2022-182 Consultant Name: CHEN RYAN ASSOCIATES, INC. Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jay Alvarado 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). 2022/11/08 City Council Post Agenda Page 309 of 719 1 City of Chula Vista Agreement No.: 2022-183 Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES TO PROVIDE CIVIL ENGINEERING SERVICES This Agreement is entered into effective as of December 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Ninyo & Moore Geotechnical and Environmental Sciences, a California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide civil engineering services; and WHEREAS, City advertised for competitive requests for qualifications for said services; and WHEREAS, after reviewing submitted responses, Consultant was chosen as one of three of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/11/08 City Council Post Agenda Page 310 of 719 2 City of Chula Vista Agreement No.: 2022-183 Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Rev. 9/15/20 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required 2022/11/08 City Council Post Agenda Page 311 of 719 3 City of Chula Vista Agreement No.: 2022-183 Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Rev. 9/15/20 Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute 2022/11/08 City Council Post Agenda Page 312 of 719 4 City of Chula Vista Agreement No.: 2022-183 Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Rev. 9/15/20 a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 2022/11/08 City Council Post Agenda Page 313 of 719 5 City of Chula Vista Agreement No.: 2022-183 Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Rev. 9/15/20 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 2022/11/08 City Council Post Agenda Page 314 of 719 6 City of Chula Vista Agreement No.: 2022-183 Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Rev. 9/15/20 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 2022/11/08 City Council Post Agenda Page 315 of 719 7 City of Chula Vista Agreement No.: 2022-183 Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Rev. 9/15/20 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 2022/11/08 City Council Post Agenda Page 316 of 719 8 City of Chula Vista Agreement No.: 2022-183 Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Rev. 9/15/20 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 2022/11/08 City Council Post Agenda Page 317 of 719 9 City of Chula Vista Agreement No.: 2022-183 Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Rev. 9/15/20 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/11/08 City Council Post Agenda Page 318 of 719 10 City of Chula Vista Agreement No.: 2022-183 Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ JEFFREY T. KENT, PE, GE 2817 MARIA V. KACHADOORIAN PRINCIPAL ENGINEER CITY MANAGER ATTEST APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/11/08 City Council Post Agenda Page 319 of 719 11 City of Chula Vista Agreement No.: 2022-183 Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jay Alvarado City of Chula Vista Development Services Department 276 Fourth Avenue, Chula Vista, CA 91910 619-409-5805 JayAlvarado@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES Jeffrey T. Kent, PE, GE 5710 Ruffin Road, San Diego, CA 92123 (858) 576-1000 jkent@ninyoandmoore.com For Legal Notice Copy to: Mr. Avram Ninyo, PE, GE 5710 Ruffin Road, San Diego, CA 92123 (858) 576-1000 aninyo@ninyoandmoore.com 2. Required Services A. General Description: The Consultant shall provide professional civil engineering services as requested by the City per Section B, “Detailed Description”. B. Detailed Description: When requested by the City, Consultant shall provide City with general civil engineering services. When requested by the City, Consultant shall provide City with geotechnical study review and/or preparation. When requested by the City, Consultant shall provide City with water quality & drainage study review and/or preparation. 2022/11/08 City Council Post Agenda Page 320 of 719 12 City of Chula Vista Agreement No.: 2022-183 Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Rev. 9/15/20 When requested by the City, Consultant shall provide City with transportation study review and/or preparation. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2022 and end on November 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Professional Staff Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist $ 154 Senior Engineer/Geologist/Environmental Scientist $ 148 Senior Project Engineer/Geologist/Environmental Scientist $ 145 Project Engineer/Geologist/Environmental Scientist $ 142 Senior Staff Engineer/Geologist/Environmental Scientist $ 128 Staff Engineer/Geologist/Environmental Scientist $ 120 GIS Analyst $ 123 Technical Illustrator/CAD Operator $ 98 Field Staff Certified Asbestos/Lead Technician $ 173 Field Operations Manager $ 119 Nondestructive Examination Technician (UT, MT, LP) $ 108 Supervisory Technician $ 102 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing) $ 102 Senior Technician $ 102 Technician $ 102 Administrative Staff Information Specialist $ 83 Geotechnical/Environmental/Laboratory Assistant $ 66 Data Processor $ 58 Other Charges Concrete Coring Equipment (includes technician) $ 190/hr Anchor Load Test Equipment (includes technician) $ 190/hr GPR Equipment $ 180/hr Inclinometer $ 100/hr Hand Auger Equipment $ 80/hr Rebar Locator (Pachometer) $ 25/hr 2022/11/08 City Council Post Agenda Page 321 of 719 13 City of Chula Vista Agreement No.: 2022-183 Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Rev. 9/15/20 Vapor Emission Kit $ 65/kit Nuclear Density Gauge $ 12/hr X-Ray Fluorescence $ 70/hr PID/FID $ 25/hr Air Sampling Pump $ 10/hr Field Vehicle $ 15/hr Expert Witness Testimony $ 450/hr Direct Expenses Cost plus 15 % Special equipment charges will be provided upon request. B. Reimbursement of Costs Schedule of Fees for Laboratory Testing SOILS CONCRETE Atterberg Limits, D 4318, CT 204 ...................................................$ 170 Compression Tests, 6x12 Cylinder, C 39 .............................................. $ 35 California Bearing Ratio (CBR), D 1883 .........................................$ 550 Concrete Mix Design Review, Job Spec ............................................... $ 300 Chloride and Sulfate Content, CT 417 & CT 422 ...........................$ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI .......................... $ 850 Consolidation, D 2435, CT 219 ......................................................$ 300 Concrete Cores, Compression (excludes sampling), C 42 ................... $ 120 Consolidation, Hydro-Collapse only, D 2435 .................................$ 150 Drying Shrinkage, C 157 ....................................................................... $ 400 Consolidation – Time Rate, D 2435, CT 219 .................................$ 200 Flexural Test, C 78 ................................................................................ $ 85 Direct Shear – Remolded, D 3080 .................................................$ 350 Flexural Test, C 293 .............................................................................. $ 85 Direct Shear – Undisturbed, D 3080 ..............................................$ 300 Flexural Test, CT 523 ............................................................................ $ 95 Durability Index, CT 229 ................................................................$ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI ........... $ 275 Expansion Index, D 4829, IBC 18-3 ..............................................$ 190 Lightweight Concrete Fill, Compression, C 495 .................................... $ 80 Expansion Potential (Method A), D 4546 .......................................$ 170 Petrographic Analysis, C 856 ................................................................ $ 2,000 Geofabric Tensile and Elongation Test, D 4632 ............................$ 200 Restrained Expansion of Shrinkage Compensation ............................. $ 450 Hydraulic Conductivity, D 5084 ......................................................$ 350 Splitting Tensile Strength, C 496 ........................................................... $ 100 Hydrometer Analysis, D 422, CT 203 .............................................$ 220 3x6 Grout, (CLSM), C 39 ....................................................................... $ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils .................$ 120 2x2x2 Non-Shrink Grout, C 109 ........................................................... $ 55 Moisture Only, D 2216, CT 226 ......................................................$ 35 Moisture and Density, D 2937.........................................................$ 45 ASPHALT Permeability, CH, D 2434, CT 220 .................................................$ 300 Air Voids, T 269 ..................................................................................... $ 85 pH and Resistivity, CT 643 .............................................................$ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) ........................ $ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-18.................$ 220 Asphalt Mix Design Review, Job Spec .................................................. $ 180 Proctor Density with Rock Correction D 1557 ................................$ 340 Dust Proportioning, CT LP-4 ................................................................. $ 85 R-value, D 2844, CT 301 ................................................................$ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382 ............... $ 250 Sand Equivalent, D 2419, CT 217 ..................................................$ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382 ................... $ 150 Sieve Analysis, D 422, CT 202 .......................................................$ 145 Film Stripping, CT 302 ........................................................................... $ 120 Sieve Analysis, 200 Wash, D 1140, CT 202 ...................................$ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 ..................... $ 225 Specific Gravity, D 854 ...................................................................$ 125 Marshall Stability, Flow and Unit Weight, T 245 ................................... $ 240 Thermal Resistivity (ASTM 5334, IEEE 442) ..................................$ 925 Maximum Theoretical Unit Weight, D 2041, CT 309 ............................. $ 150 Triaxial Shear, C.D, D 4767, T 297 .................................................$ 550 Moisture Content, CT 370 ..................................................................... $ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ........$ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 ......... $ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt......$ 350 Slurry Wet Track Abrasion, D 3910 ....................................................... $ 150 Triaxial Shear, U.U., D 2850 ...........................................................$ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) ............. $ 4,900 Unconfined Compression, D 2166, T 208 .......................................$ 180 Superpave, Gyratory Unit Wt., T 312 .................................................... $ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324 ..................... $ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308 ....................................... $ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 ........$ 70 Voids in Mineral Aggregate, (VMA) CT LP-2 ........................................ $ 90 Brick Compression Test, C 67 .............................................................$ 55 Voids filled with Asphalt, (VFA) CT LP-3 ............................................... $ 90 Brick Efflorescence, C 67 ....................................................................$ 55 Wax Density, D 1188 ............................................................................ $ 140 Brick Modulus of Rupture, C 67 ...........................................................$ 50 Brick Moisture as received, C 67 .........................................................$ 45 AGGREGATES Brick Saturation Coefficient, C 67 ........................................................$ 60 Clay Lumps and Friable Particles, C 142 .............................................. $ 180 Concrete Block Compression Test, 8x8x16, C 140 .............................$ 70 Cleanness Value, CT 227...................................................................... $ 180 Concrete Block Conformance Package, C 90 ...................................$ 500 Crushed Particles, CT 205 .................................................................... $ 175 Concrete Block Linear Shrinkage, C 426 ..........................................$ 200 Durability, Coarse or Fine, CT 229 ........................................................ $ 205 Concrete Block Unit Weight and Absorption, C 140 ............................$ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 ................... $ 180 Cores, Compression or Shear Bond, CA Code ...................................$ 70 Flat and Elongated Particle, D 4791...................................................... $ 220 2022/11/08 City Council Post Agenda Page 322 of 719 14 City of Chula Vista Agreement No.: 2022-183 Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Rev. 9/15/20 Masonry Grout, 3x3x6 prism compression, C 39 ................................$ 45 Lightweight Particles, C 123 .................................................................. $ 180 Masonry Mortar, 2x4 cylinder compression, C 109 .............................$ 35 Los Angeles Abrasion, C 131 or C 535 ................................................. $ 200 Masonry Prism, half size, compression, C 1019 ...............................$ 120 Material Finer than No. 200 Sieve by Washing, C 117 ......................... $ 90 Masonry Prism, Full size, compression, C 1019 ...............................$ 200 Organic Impurities, C 40 ........................................................................ $ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 .... $ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 ............... $ 950 Chemical Analysis, A 36, A 615 .......................................................$ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ............... $ 475 Fireproofing Density Test, UBC 7-6 ..................................................$ 90 Sand Equivalent, T 176, CT 217 ........................................................... $ 125 Hardness Test, Rockwell, A 370 ......................................................$ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136 ................................... $ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 ............ $ 145 per assembly, A 325 ........................................................................$ 150 Sodium Sulfate Soundness, C 88 ......................................................... $ 450 Mechanically Spliced Reinforcing Tensile Test, ACI ........................$ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 ..................... $ 115 Pre-Stress Strand (7 wire), A 416 .....................................................$ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ......................... $ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 .................$ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 ...................$ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI .................$ 80 Roofing Tile Absorption, (set of 5), C 67 ............................................... $ 250 Roofing Tile Strength Test, (set of 5), C 67 ...................................... $ 250 Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 30, 2023 shall not exceed $500,000.00. 5. Special Provisions: ☒ None 2022/11/08 City Council Post Agenda Page 323 of 719 15 City of Chula Vista Agreement No.: 2022-183 Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/11/08 City Council Post Agenda Page 324 of 719 16 City of Chula Vista Agreement No.: 2022-183 Consultant Name: Ninyo & Moore Geotechnical and Environmental Sciences Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jay Alvarado 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). 2022/11/08 City Council Post Agenda Page 325 of 719 1 City of Chula Vista Agreement No.: 2022-181 Consultant Name: Rick Engineering Company Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH RICK ENGINEERING COMPANY TO PROVIDE CIVIL ENGINEERING SERVICES This Agreement is entered into effective as of December 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Rick Engineering Company, a California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide civil engineering services; and WHEREAS, City advertised for competitive requests for qualifications for said services; and WHEREAS, after reviewing submitted responses, Consultant was chosen as one of three of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/11/08 City Council Post Agenda Page 326 of 719 2 City of Chula Vista Agreement No.: 2022-181 Consultant Name: Rick Engineering Company Rev. 9/15/20 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/11/08 City Council Post Agenda Page 327 of 719 3 City of Chula Vista Agreement No.: 2022-181 Consultant Name: Rick Engineering Company Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/11/08 City Council Post Agenda Page 328 of 719 4 City of Chula Vista Agreement No.: 2022-181 Consultant Name: Rick Engineering Company Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/11/08 City Council Post Agenda Page 329 of 719 5 City of Chula Vista Agreement No.: 2022-181 Consultant Name: Rick Engineering Company Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity 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 limi ted to the extent required by California Civil Code section 2782.8. 2022/11/08 City Council Post Agenda Page 330 of 719 6 City of Chula Vista Agreement No.: 2022-181 Consultant Name: Rick Engineering Company Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/11/08 City Council Post Agenda Page 331 of 719 7 City of Chula Vista Agreement No.: 2022-181 Consultant Name: Rick Engineering Company Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/11/08 City Council Post Agenda Page 332 of 719 8 City of Chula Vista Agreement No.: 2022-181 Consultant Name: Rick Engineering Company Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/11/08 City Council Post Agenda Page 333 of 719 9 City of Chula Vista Agreement No.: 2022-181 Consultant Name: Rick Engineering Company Rev. 9/15/20 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/11/08 City Council Post Agenda Page 334 of 719 10 City of Chula Vista Agreement No.: 2022-181 Consultant Name: Rick Engineering Company Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. RICK ENGINEERING COMPANY CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ BROOKE PETERSON MARIA V. KACHADOORIAN ASSOCIATE PRINCIPAL CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/11/08 City Council Post Agenda Page 335 of 719 11 City of Chula Vista Agreement No.: 2022-181 Consultant Name: Rick Engineering Company Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jay Alvarado City of Chula Vista Development Services Department 276 Fourth Avenue, Chula Vista, CA 91910 619-409-5805 JayAlvarado@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: RICK ENGINEERING COMPANY 5620 Friars Road, San Diego, CA 92110 619.291-0707 bpeterson@rickengineering.com For Legal Notice Copy to: Brooke Peterson 5620 Friars Road, San Diego, CA 92110 619.688.1471 bpeterson@rickengineering.com 2. Required Services A. General Description: The Consultant shall provide professional planning and civil engineering services as requested by the City per Section B, “Detailed Description”. B. Detailed Description: When requested by the City, Consultant shall provide City with planning services. When requested by the City, Consultant shall provide City with general civil engineering services. When requested by the City, Consultant shall provide City with landscape architecture services and/or plan preparation. When requested by the City, Consultant shall provide City with geotechnical study review and/or preparation. 2022/11/08 City Council Post Agenda Page 336 of 719 12 City of Chula Vista Agreement No.: 2022-181 Consultant Name: Rick Engineering Company Rev. 9/15/20 When requested by the City, Consultant shall provide City with water quality & drainage study review and/or preparation. When requested by the City, Consultant shall provide City with transportation study review and/or preparation. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2022 and end on November 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Principal Consultant (Special Projects) .............................. $300.00 Principal ............................................................................... 275.00 Associate Principal ............................................................... 260.00 Associate/Manager .............................................................. 240.00 Expert Witness ..................................................................... 450.00 Court Appearance per half day or part............................... 1,800.00 Senior Project Manager ..................................................... $235.00 Principal Project Engineer/Manager ..................................... 220.00 Associate Project Engineer/Manager .................................... 200.00 Assistant Project Engineer/Manager ..................................... 185.00 Principal Engineering Designer ............................................ 165.00 Associate Engineering Designer ........................................... 150.00 Assistant Engineering Designer ........................................... 135.00 Principal Engineering Drafter .............................................. 130.00 Associate Engineering Drafter ............................................. 120.00 Assistant Engineering Drafter ............................................. 110.00 Senior Transportation/Traffic Engineer .............................. $235.00 Principal Transportation/Traffic Engineer ............................ 220.00 Associate Transportation/Traffic Engineer ........................... 200.00 Assistant Transportation/Traffic Engineer ............................ 185.00 Principal Transportation/Traffic Designer ............................ 165.00 Associate Transportation/Traffic Designer ........................... 150.00 Assistant Transportation/Traffic Designer ........................... 135.00 Principal Planner II ............................................................. $215.00 Principal Planner I ................................................................ 190.00 Senior Planner II ................................................................... 185.00 Senior Planner I .................................................................... 170.00 Associate Planner ................................................................. 145.00 Assistant Planner .................................................................. 125.00 Planning Technician ............................................................. 100.00 Principal Project Landscape Architect/Manager ............. $195.00 Associate Project Landscape Architect/Manager ............. 175.00 Assistant Project Landscape Architect/Manager .............. 155.00 Principal Landscape/Urban Designer ............................... 135.00 Associate Landscape/Urban Designer .............................. 125.00 Assistant Landscape/Urban Designer ............................... 115.00 Principal Environmental Project Manager .......................... $195.00 Associate Environmental Project Manager .......................... 175.00 Assistant Environmental Project Manager ....................... 155.00 Principal Environmental Specialist ................................... 140.00 Associate Environmental Specialist ................................. 130.00 Assistant Environmental Specialist ................................... 120.00 2022/11/08 City Council Post Agenda Page 337 of 719 13 City of Chula Vista Agreement No.: 2022-181 Consultant Name: Rick Engineering Company Rev. 9/15/20 Environmental Technician ................................................. 100.00 Senior Water Quality Manager .......................................... $260.00 Principal Water Resources Designer ................................... 165.00 Associate Water Resources Designer .................................. 150.00 Assistant Water Resources Designer .................................. 135.00 GIS Manager ..................................................................... $200.00 GIS Programmer ................................................................. 165.00 Principal GIS Project Manager ........................................... 185.00 Associate GIS Project Manager ........................................... 175.00 Assistant GIS Project Manager ........................................... 155.00 Principal GIS Analyst ......................................................... 145.00 Associate GIS Analyst ........................................................ 135.00 Assistant GIS Analyst ......................................................... 125.00 Principal Graphics Designer ............................................... 135.00 Associate Graphics Designer .............................................. 125.00 Assistant Graphics Designer ............................................... 115.00 CAD Manager ..................................................................... 180.00 Field Supervisor ................................................................ $ 210.00 One-person Survey Party .................................................... 170.00 One-person Survey Party with Robotics ............................. 220.00 Two-person Survey Party .................................................... 265.00 Three-person Survey Party ................................................. 365.00 3D Laser Scanning Crew (One-Person) ............................. $235.00 3D Laser Scanning Crew (Two Person) .............................. 280.00 Principal 3D Laser Scanning Project Manager .................. $190.00 Associate 3D Laser Scanning Project Manager ................... 175.00 Assistant 3D Laser Scanning Project Manager .................... 160.00 Principal 3D Laser Scanning Specialist ............................... 140.00 Associate 3D Laser Scanning Specialist .............................. 130.00 Assistant 3D Laser Scanning Specialist ............................... 120.00 Principal 3D Laser Scanning Technician ............................. 115.00 Associate 3D Laser Scanning Technician ............................ 100.00 Assistant 3D Laser Scanning Technician ............................... 90.00 Photogrammetry Supervisor .............................................. $185.00 Principal Photogrammetrist ................................................ 155.00 Associate Photogrammetrist ................................................ 120.00 Assistant Photogrammetrist ................................................. 110.00 Principal Survey Analyst ................................................... $195.00 Associate Survey Analyst ................................................... 160.00 Assistant Survey Analyst ..................................................... 130.00 Associate Project Administrator .......................................... $80.00 Assistant Project Administrator ............................................. 70.00 Administrative Assistant/Manager......................................... 75.00 B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 30, 2023 shall not exceed $500,000.00. 5. Special Provisions: ☒ None 2022/11/08 City Council Post Agenda Page 338 of 719 14 City of Chula Vista Agreement No.: 2022-181 Consultant Name: Rick Engineering Company Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/11/08 City Council Post Agenda Page 339 of 719 15 City of Chula Vista Agreement No.: 2022-181 Consultant Name: Rick Engineering Company Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jay Alvarado 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company). 2022/11/08 City Council Post Agenda Page 340 of 719 1 City of Chula Vista Agreement No.: 2022-192 Consultant Name: Harris & Associates, Inc Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH HARRIS & ASSOCIATES, INC TO PROVIDE CONSTRUCTION COST AUDIT SERVICES AND HOUSING SERVICES This Agreement is entered into effective as of December 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Harris & Associates, Inc, a California Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide construction cost audit services and housing services; and WHEREAS, City advertised for competitive requests for qualifications for said services; and WHEREAS, after reviewing submitted responses, Consultant was chosen as one of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/11/08 City Council Post Agenda Page 341 of 719 2 City of Chula Vista Agreement No.: 2022-192 Consultant Name: Harris & Associates, Inc Rev. 9/15/20 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/11/08 City Council Post Agenda Page 342 of 719 3 City of Chula Vista Agreement No.: 2022-192 Consultant Name: Harris & Associates, Inc Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/11/08 City Council Post Agenda Page 343 of 719 4 City of Chula Vista Agreement No.: 2022-192 Consultant Name: Harris & Associates, Inc Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/11/08 City Council Post Agenda Page 344 of 719 5 City of Chula Vista Agreement No.: 2022-192 Consultant Name: Harris & Associates, Inc Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity 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 limi ted to the extent required by California Civil Code section 2782.8. 2022/11/08 City Council Post Agenda Page 345 of 719 6 City of Chula Vista Agreement No.: 2022-192 Consultant Name: Harris & Associates, Inc Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/11/08 City Council Post Agenda Page 346 of 719 7 City of Chula Vista Agreement No.: 2022-192 Consultant Name: Harris & Associates, Inc Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/11/08 City Council Post Agenda Page 347 of 719 8 City of Chula Vista Agreement No.: 2022-192 Consultant Name: Harris & Associates, Inc Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/11/08 City Council Post Agenda Page 348 of 719 9 City of Chula Vista Agreement No.: 2022-192 Consultant Name: Harris & Associates, Inc Rev. 9/15/20 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/11/08 City Council Post Agenda Page 349 of 719 10 City of Chula Vista Agreement No.: 2022-192 Consultant Name: Harris & Associates, Inc Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. HARRIS & ASSOCIATES, INC CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Alison Bouley MARIA V. KACHADOORIAN Vice President CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/11/08 City Council Post Agenda Page 350 of 719 11 City of Chula Vista Agreement No.: 2022-192 Consultant Name: Harris & Associates, Inc Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jay Alvarado City of Chula Vista Development Services Department 276 Fourth Avenue, Chula Vista, CA 91910 619-409-5805 JayAlvarado@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: HARRIS & ASSOCIATES, INC 22 Executive Park, Suite 200 Irvine, CA 92614 949-536-2513 Alison.Bouley@weareharris.com For Legal Notice Copy to: Susan Mandilag 1401 Willow Pass Road Concord, CA 94520 925-969-8032 Susan.Mandilag@weareharris.com 2. Required Services A. General Description: The Consultant shall provide professional construction cost audit services and housing services as requested by the City per Section B, “Detailed Description”. B. Detailed Description: When requested by the City, Consultant shall provide City with construction cost audit services. When requested by the City, Consultant shall provide City with review of cost estimates, bid documents, contracts, and change orders for developer constructed public facilities. 2022/11/08 City Council Post Agenda Page 351 of 719 12 City of Chula Vista Agreement No.: 2022-192 Consultant Name: Harris & Associates, Inc Rev. 9/15/20 When requested by the City, Consultant shall provide City with review of invoices and verify payments to subcontractors. When requested by the City, Consultant shall provide City with audit final costs. When requested by the City, Consultant shall provide City with housing services. When requested by the City, Consultant shall provide City with first-time homebuyer program implementation and management, including outreach and marketing. When requested by the City, Consultant shall provide City with fair housing and landlord tenant services, including but not limited to, advocacy, outreach and education, providing technical training, and fair housing discrimination investigations. When requested by the City, Consultant shall provide City with housing unit monitoring and reporting, including update and preparation of SB-341 Successor Housing Entity Annual Reports and Housing Authority Annual Reports. When requested by the City, Consultant shall provide City with housing inspection services, including Housing Quality Standards (HQS) inspections. When requested by the City, Consultant shall provide City with municipal advisor services. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2022 and end on November 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Construction Cost Audit Services Hourly Rate Vice President $265 Director $220-$245 Senior Project Manager $200-$220 Deputy Project Manager/Project Manager $175-$200 Senior Analyst $145-175 Analyst $125-150 Senior Engineer $220-$250 Engineer $145-$170 2022/11/08 City Council Post Agenda Page 352 of 719 13 City of Chula Vista Agreement No.: 2022-192 Consultant Name: Harris & Associates, Inc Rev. 9/15/20 B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 30, 2023 shall not exceed $1,000,000.00. 5. Special Provisions: ☒ None Housing Services Hourly Rate Vice President $275 Senior Director $265 Director $225-$245 Senior Project Manager $195-$225 Deputy Project Manager/Project Manager $175-$200 Senior Analyst $145-175 Analyst $135-150 2022/11/08 City Council Post Agenda Page 353 of 719 14 City of Chula Vista Agreement No.: 2022-192 Consultant Name: Harris & Associates, Inc Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/11/08 City Council Post Agenda Page 354 of 719 15 City of Chula Vista Agreement No.: 2022-192 Consultant Name: Harris & Associates, Inc Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jay Alvarado 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). 2022/11/08 City Council Post Agenda Page 355 of 719 1 City of Chula Vista Agreement No.: 2022-193 Consultant Name: NBS Government Finance Group Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH NBS GOVERNMENT FINANCE GROUP TO PROVIDE CONSTRUCTION COST AUDIT SERVICES This Agreement is entered into effective as of December 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and NBS Government Finance Group, a California Corporation), dba NBS (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide construction cost audit services; and WHEREAS, City advertised for competitive requests for qualifications for said services; and WHEREAS, after reviewing submitted responses, Consultant was chosen as one of two of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/11/08 City Council Post Agenda Page 356 of 719 2 City of Chula Vista Agreement No.: 2022-193 Consultant Name: NBS Government Finance Group Rev. 9/15/20 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/11/08 City Council Post Agenda Page 357 of 719 3 City of Chula Vista Agreement No.: 2022-193 Consultant Name: NBS Government Finance Group Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/11/08 City Council Post Agenda Page 358 of 719 4 City of Chula Vista Agreement No.: 2022-193 Consultant Name: NBS Government Finance Group Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/11/08 City Council Post Agenda Page 359 of 719 5 City of Chula Vista Agreement No.: 2022-193 Consultant Name: NBS Government Finance Group Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity 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 limi ted to the extent required by California Civil Code section 2782.8. 2022/11/08 City Council Post Agenda Page 360 of 719 6 City of Chula Vista Agreement No.: 2022-193 Consultant Name: NBS Government Finance Group Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/11/08 City Council Post Agenda Page 361 of 719 7 City of Chula Vista Agreement No.: 2022-193 Consultant Name: NBS Government Finance Group Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/11/08 City Council Post Agenda Page 362 of 719 8 City of Chula Vista Agreement No.: 2022-193 Consultant Name: NBS Government Finance Group Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/11/08 City Council Post Agenda Page 363 of 719 9 City of Chula Vista Agreement No.: 2022-193 Consultant Name: NBS Government Finance Group Rev. 9/15/20 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/11/08 City Council Post Agenda Page 364 of 719 10 City of Chula Vista Agreement No.: 2022-193 Consultant Name: NBS Government Finance Group Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. NBS GOVERNMENT FINANCE GROUP CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Michael Rentner MARIA V. KACHADOORIAN President & CEO CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/11/08 City Council Post Agenda Page 365 of 719 11 City of Chula Vista Agreement No.: 2022-193 Consultant Name: NBS Government Finance Group Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jay Alvarado City of Chula Vista Development Services Department 276 Fourth Avenue, Chula Vista, CA 91910 619-409-5805 JayAlvarado@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: NBS GOVERNMENT FINANCE GROUP Sara Mares 32605 Temecula Parkway, Ste. 100 Temecula, CA 92592 951-296-1997 smares@nbsgov.com For Legal Notice Copy to: Michael Rentner NBS 32605 Temecula Parkway, Ste. 100 Temecula, CA 92592 951-296-1997 mrentner@nbsgov.com 2. Required Services A. General Description: The Consultant shall provide professional construction cost audit services as requested by the City per Section B, “Detailed Description”. B. Detailed Description: 2022/11/08 City Council Post Agenda Page 366 of 719 12 City of Chula Vista Agreement No.: 2022-193 Consultant Name: NBS Government Finance Group Rev. 9/15/20 Construction Costs Reimbursement Services The following Project Approach and Scope of Services are offered to clarify our understanding of the responsibilities related to Construction Costs Reimbursement Services. However, it is understood that the Scope of Services may be subject to modification as the project continues. Task E1: Project Approach NBS will meet with the City in order to define the services required. Our expectation is to act as an extension of the City to process Construction Costs Reimbursements. We offer a full spectrum of services as outlined in the scope below. We are able to provide a full reimbursement program or adapt to function within an existing system. Our familiarity with the facilities proposed and these types of projects enable us to offer services with maximum efficiency. Task E2: Reimbursement Processing NBS will develop standards and procedures to verify and assign bond proceeds to reimburse the appropriate parties for completed and accepted improvements. This will include verification of criteria to define a discreet improvement subject to reimbursement. • NBS will utilize appropriate forms and certificates to enable the efficient processing of reimbursements and assure completion of work • NBS will obtain verification of all Lien Releases, Contractor, Subcontractor and Supplier payments • NBS will provide authorization to the Fiscal Agent to release bond proceeds for reimbursement • NBS will give notice of denied reimbursement requests and the reason for denial • NBS will maintain files on all reimbursements and provide a complete reporting with each reimbursement request • NBS will perform all work in a timely manner as defined in the Agreement 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2022 and end on November 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Hourly Rates: Director - $225 Hourly Rate Senior Consultant/Manager - $175 Hourly Rate Consultant/Subconsultant - $155 Hourly Rate Analyst - $130 Hourly Rate Clerical/Support - $105 Hourly Rate 2022/11/08 City Council Post Agenda Page 367 of 719 13 City of Chula Vista Agreement No.: 2022-193 Consultant Name: NBS Government Finance Group Rev. 9/15/20 B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 30, 2023 shall not exceed $500,000.00. 5. Special Provisions: ☒ None 2022/11/08 City Council Post Agenda Page 368 of 719 14 City of Chula Vista Agreement No.: 2022-193 Consultant Name: NBS Government Finance Group Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/11/08 City Council Post Agenda Page 369 of 719 15 City of Chula Vista Agreement No.: 2022-193 Consultant Name: NBS Government Finance Group Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jay Alvarado 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). 2022/11/08 City Council Post Agenda Page 370 of 719 1 City of Chula Vista Agreement No.: 2022-189 Consultant Name: Economic & Planning Systems Inc. Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH ECONOMIC & PLANNING SYSTEMS INC. TO PROVIDE FISCAL ANALYSIS SERVICES This Agreement is entered into effective as of December 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Economic & Planning Systems Inc., a California Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide fiscal analysis services; and WHEREAS, City advertised for competitive requests for qualifications for said services; and WHEREAS, after reviewing submitted responses, Consultant was chosen as one of three of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/11/08 City Council Post Agenda Page 371 of 719 2 City of Chula Vista Agreement No.: 2022-189 Consultant Name: Economic & Planning Systems Inc. Rev. 9/15/20 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/11/08 City Council Post Agenda Page 372 of 719 3 City of Chula Vista Agreement No.: 2022-189 Consultant Name: Economic & Planning Systems Inc. Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/11/08 City Council Post Agenda Page 373 of 719 4 City of Chula Vista Agreement No.: 2022-189 Consultant Name: Economic & Planning Systems Inc. Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/11/08 City Council Post Agenda Page 374 of 719 5 City of Chula Vista Agreement No.: 2022-189 Consultant Name: Economic & Planning Systems Inc. Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity 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 limi ted to the extent required by California Civil Code section 2782.8. 2022/11/08 City Council Post Agenda Page 375 of 719 6 City of Chula Vista Agreement No.: 2022-189 Consultant Name: Economic & Planning Systems Inc. Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/11/08 City Council Post Agenda Page 376 of 719 7 City of Chula Vista Agreement No.: 2022-189 Consultant Name: Economic & Planning Systems Inc. Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/11/08 City Council Post Agenda Page 377 of 719 8 City of Chula Vista Agreement No.: 2022-189 Consultant Name: Economic & Planning Systems Inc. Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/11/08 City Council Post Agenda Page 378 of 719 9 City of Chula Vista Agreement No.: 2022-189 Consultant Name: Economic & Planning Systems Inc. Rev. 9/15/20 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/11/08 City Council Post Agenda Page 379 of 719 10 City of Chula Vista Agreement No.: 2022-189 Consultant Name: Economic & Planning Systems Inc. Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. ECONOMIC & PLANNING SYSTEMS INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Jason Moody MARIA V. KACHADOORIAN Managing Principal CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/11/08 City Council Post Agenda Page 380 of 719 11 City of Chula Vista Agreement No.: 2022-189 Consultant Name: Economic & Planning Systems Inc. Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jay Alvarado City of Chula Vista Development Services Department 276 Fourth Avenue, Chula Vista, CA 91910 619-409-5805 JayAlvarado@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: ECONOMIC & PLANNING SYSTEMS INC. Jason Moody 1330 Broadway, Suite 450 Oakland, CA 94612 510-841-9190 jmoody@epsys.com For Legal Notice Copy to: Enter Consultant Staff Person Name Enter Mailing Address Enter Phone Number Enter Email Address 2. Required Services A. General Description: The Consultant shall provide professional fiscal analysis services as requested by the City per Section B, “Detailed Description”. B. Detailed Description: When requested by the City, Consultant shall provide City with fiscal analysis services. When requested by the City, Consultant shall provide City wit h fiscal impact analysis review and/or preparation. 2022/11/08 City Council Post Agenda Page 381 of 719 12 City of Chula Vista Agreement No.: 2022-189 Consultant Name: Economic & Planning Systems Inc. Rev. 9/15/20 When requested by the City, Consultant shall provide City with market analysis review and/or preparation. When requested by the City, Consultant shall provide City with special tax district formation, modification, and annexation. When requested by the City, Consultant shall provide City with Nexus study preparation. When requested by the City, Consultant shall provide City with fee study preparation. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2022 and end on November 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Managing Principal $295–$310 Senior Principal $360 Principal $275–$285 Executive/Senior Vice President $250–$260 Senior Consultant $250 Vice President $225–$240 Senior Technical Associate $205–$260 Senior Associate $195–$215 Associate $175–$185 Research Analyst II $140–$160 Research Analyst I $100–$110 Production and Administrative Staff $90–$110 B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 30, 2023 shall not exceed $500,000.00. 5. Special Provisions: ☒ None 2022/11/08 City Council Post Agenda Page 382 of 719 13 City of Chula Vista Agreement No.: 2022-189 Consultant Name: Economic & Planning Systems Inc. Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/11/08 City Council Post Agenda Page 383 of 719 14 City of Chula Vista Agreement No.: 2022-189 Consultant Name: Economic & Planning Systems Inc. Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Julie Cooper Jason Moody Jamie Gomes David Zehnder jcooper@epsys.com jmoody@epsys.com jgomes@epssac.com dzehnder@epssac.com ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☒ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jay Alvarado 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). 2022/11/08 City Council Post Agenda Page 384 of 719 1 City of Chula Vista Agreement No.: 2022-190 Consultant Name: KEYSER MARSTON ASSOCIATES, INC. Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH KEYSER MARSTON ASSOCIATES, INC. TO PROVIDE FISCAL ANALYSIS SERVICES This Agreement is entered into effective as of December 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and KEYSER MARSTON ASSOCIATES, INC., a California Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide fiscal analysis services; and WHEREAS, City advertised for competitive requests for qualifications for said services; and WHEREAS, after reviewing submitted responses, Consultant was chosen as one of three of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/11/08 City Council Post Agenda Page 385 of 719 2 City of Chula Vista Agreement No.: 2022-190 Consultant Name: KEYSER MARSTON ASSOCIATES, INC. Rev. 9/15/20 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/11/08 City Council Post Agenda Page 386 of 719 3 City of Chula Vista Agreement No.: 2022-190 Consultant Name: KEYSER MARSTON ASSOCIATES, INC. Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/11/08 City Council Post Agenda Page 387 of 719 4 City of Chula Vista Agreement No.: 2022-190 Consultant Name: KEYSER MARSTON ASSOCIATES, INC. Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/11/08 City Council Post Agenda Page 388 of 719 5 City of Chula Vista Agreement No.: 2022-190 Consultant Name: KEYSER MARSTON ASSOCIATES, INC. Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity 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 limi ted to the extent required by California Civil Code section 2782.8. 2022/11/08 City Council Post Agenda Page 389 of 719 6 City of Chula Vista Agreement No.: 2022-190 Consultant Name: KEYSER MARSTON ASSOCIATES, INC. Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/11/08 City Council Post Agenda Page 390 of 719 7 City of Chula Vista Agreement No.: 2022-190 Consultant Name: KEYSER MARSTON ASSOCIATES, INC. Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/11/08 City Council Post Agenda Page 391 of 719 8 City of Chula Vista Agreement No.: 2022-190 Consultant Name: KEYSER MARSTON ASSOCIATES, INC. Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/11/08 City Council Post Agenda Page 392 of 719 9 City of Chula Vista Agreement No.: 2022-190 Consultant Name: KEYSER MARSTON ASSOCIATES, INC. Rev. 9/15/20 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/11/08 City Council Post Agenda Page 393 of 719 10 City of Chula Vista Agreement No.: 2022-190 Consultant Name: KEYSER MARSTON ASSOCIATES, INC. Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. KEYSER MARSTON ASSOCIATES, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ PAUL C. MARRA MARIA V. KACHADOORIAN MANAGING PRINCIPAL CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/11/08 City Council Post Agenda Page 394 of 719 11 City of Chula Vista Agreement No.: 2022-190 Consultant Name: KEYSER MARSTON ASSOCIATES, INC. Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jay Alvarado City of Chula Vista Development Services Department 276 Fourth Avenue, Chula Vista, CA 91910 619-409-5805 JayAlvarado@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: KEYSER MARSTON ASSOCIATES, INC. 555 West Beech Street, Suite 460, San Diego, CA 92101 (619) 718-9500 pmarra@keysermarston.com For Legal Notice Copy to: Paul C. Marra 555 West Beech Street, Suite 460, San Diego, CA 92101 (619) 718-9500 pmarra@keysermarston.com 2. Required Services A. General Description: The Consultant shall provide professional fiscal analysis services as requested by the City per Section B, “Detailed Description”. B. Detailed Description: When requested by the City, Consultant shall provide City with fiscal analysis services. When requested by the City, Consultant shall provide City wit h fiscal impact analysis review and/or preparation. When requested by the City, Consultant shall provide City with market analysis review and/or preparation. 2022/11/08 City Council Post Agenda Page 395 of 719 12 City of Chula Vista Agreement No.: 2022-190 Consultant Name: KEYSER MARSTON ASSOCIATES, INC. Rev. 9/15/20 When requested by the City, Consultant shall provide City with special tax district formation, modification, and annexation. When requested by the City, Consultant shall provide City with Nexus study preparation. When requested by the City, Consultant shall provide City with fee study preparation. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2022 and end on November 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: KEYSER MARSTON ASSOCIATES, INC. PUBLIC SECTOR HOURLY RATES – 2022/2023 CHAIRMAN, PRESIDENT, MANAGING PRINCIPALS* $290.00 SENIOR PRINCIPALS* $280.00 PRINCIPALS* $260.00 MANAGERS* $235.00 SENIOR ASSOCIATES $195.00 ASSOCIATES $175.00 SENIOR ANALYSTS $160.00 ANALYSTS $140.00 TECHNICAL STAFF $100.00 ADMINISTRATIVE STAFF $85.00 Directly related job expenses not included in the above rates are: auto mileage, parking, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics and printing. Directly related job expenses that are approved by the City in advance will be billed at 110% of actually incurred costs. * Rates for individuals in these categories will be increased by 50% for time spent in court testimony. 2022/11/08 City Council Post Agenda Page 396 of 719 13 City of Chula Vista Agreement No.: 2022-190 Consultant Name: KEYSER MARSTON ASSOCIATES, INC. Rev. 9/15/20 B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 30, 2023 shall not exceed $500,000.00. 5. Special Provisions: ☒ None 2022/11/08 City Council Post Agenda Page 397 of 719 14 City of Chula Vista Agreement No.: 2022-190 Consultant Name: KEYSER MARSTON ASSOCIATES, INC. Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/11/08 City Council Post Agenda Page 398 of 719 15 City of Chula Vista Agreement No.: 2022-190 Consultant Name: KEYSER MARSTON ASSOCIATES, INC. Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jay Alvarado 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). 2022/11/08 City Council Post Agenda Page 399 of 719 1 City of Chula Vista Agreement No.: 2022-191 Consultant Name: Willdan Financial Services Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH WILLDAN FINANCIAL SERVICES TO PROVIDE FISCAL ANALYSIS SERVICES This Agreement is entered into effective as of December 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Willdan Financial Services, A California Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide fiscal analysis services; and WHEREAS, City advertised for competitive requests for qualifications for said services; and WHEREAS, after reviewing submitted responses, Consultant was chosen as one of three of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/11/08 City Council Post Agenda Page 400 of 719 2 City of Chula Vista Agreement No.: 2022-191 Consultant Name: Willdan Financial Services Rev. 9/15/20 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/11/08 City Council Post Agenda Page 401 of 719 3 City of Chula Vista Agreement No.: 2022-191 Consultant Name: Willdan Financial Services Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/11/08 City Council Post Agenda Page 402 of 719 4 City of Chula Vista Agreement No.: 2022-191 Consultant Name: Willdan Financial Services Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/11/08 City Council Post Agenda Page 403 of 719 5 City of Chula Vista Agreement No.: 2022-191 Consultant Name: Willdan Financial Services Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity 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 limi ted to the extent required by California Civil Code section 2782.8. 2022/11/08 City Council Post Agenda Page 404 of 719 6 City of Chula Vista Agreement No.: 2022-191 Consultant Name: Willdan Financial Services Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/11/08 City Council Post Agenda Page 405 of 719 7 City of Chula Vista Agreement No.: 2022-191 Consultant Name: Willdan Financial Services Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/11/08 City Council Post Agenda Page 406 of 719 8 City of Chula Vista Agreement No.: 2022-191 Consultant Name: Willdan Financial Services Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/11/08 City Council Post Agenda Page 407 of 719 9 City of Chula Vista Agreement No.: 2022-191 Consultant Name: Willdan Financial Services Rev. 9/15/20 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/11/08 City Council Post Agenda Page 408 of 719 10 City of Chula Vista Agreement No.: 2022-191 Consultant Name: Willdan Financial Services Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. WILLDAN FINANCIAL SERVICES CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ CHRIS FISHER MARIA V. KACHADOORIAN VICE PRESIDENT CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/11/08 City Council Post Agenda Page 409 of 719 11 City of Chula Vista Agreement No.: 2022-191 Consultant Name: Willdan Financial Services Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jay Alvarado City of Chula Vista Development Services Department 276 Fourth Avenue, Chula Vista, CA 91910 619-409-5805 JayAlvarado@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: WILLDAN FINANCIAL SERVICES Chris Fisher (951) 587-3500 CFisher@Willdan.com For Legal Notice Copy to: Chris Fisher 27368 Via Industria, Suite 200 Temecula, CA 92590 (951) 587-3500 CFisher@Willdan.com 2. Required Services A. General Description: The Consultant shall provide professional fiscal analysis services as requested by the City per Section B, “Detailed Description”. B. Detailed Description: When requested by the City, Consultant shall provide City with fiscal analysis services. When requested by the City, Consultant shall provide City with fiscal impact analysis review and/or preparation. When requested by the City, Consultant shall provide City with market analysis review and/or preparation. 2022/11/08 City Council Post Agenda Page 410 of 719 12 City of Chula Vista Agreement No.: 2022-191 Consultant Name: Willdan Financial Services Rev. 9/15/20 When requested by the City, Consultant shall provide City with special tax district formation, modification, and annexation. When requested by the City, Consultant shall provide City with Nexus study preparation. When requested by the City, Consultant shall provide City with fee study preparation. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2022 and end on November 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Vice President / Group Director Chris Fisher $250 Managing Principal James Edison $240 Principal Consultant Mike Medve $210 Principal Consultant Carlos Villarreal $210 Principal Consultant Bob Quaid $210 Senior Project Analyst Priti Patel $135 Senior Analyst Helen Jones $125 Analyst I Tyler Green $100 B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 30, 2023 shall not exceed $500,000.00. 5. Special Provisions: ☐ None 2022/11/08 City Council Post Agenda Page 411 of 719 13 City of Chula Vista Agreement No.: 2022-191 Consultant Name: Willdan Financial Services Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/11/08 City Council Post Agenda Page 412 of 719 14 City of Chula Vista Agreement No.: 2022-191 Consultant Name: Willdan Financial Services Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Chris Fisher James Edison Mike Medve Robert Quaid Carlos Villarreal Priti Patel Tyler Green Helen Jones CFisher@Willdan.com JEdison@Willdan.com MMedve@Willdan.com BQuaid@Willdan.com CVillarreal@Willdan.com PPatel@Willdan.com TGreen@Willdan.com HJones@Willdan.com ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☒ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jay Alvarado 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company). 2022/11/08 City Council Post Agenda Page 413 of 719 1 City of Chula Vista Agreement No.: 2022-194 Consultant Name: ROSS FINANCIAL Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH ROSS FINANCIAL TO PROVIDE HOUSING SERVICES This Agreement is entered into effective as of December 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and ROSS FINANCIAL, a sole proprietorship (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide housing services; and WHEREAS, City advertised for competitive requests for qualifications for said services; and WHEREAS, after reviewing submitted responses, Consultant was chosen as one of four of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/11/08 City Council Post Agenda Page 414 of 719 2 City of Chula Vista Agreement No.: 2022-194 Consultant Name: ROSS FINANCIAL Rev. 9/15/20 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/11/08 City Council Post Agenda Page 415 of 719 3 City of Chula Vista Agreement No.: 2022-194 Consultant Name: ROSS FINANCIAL Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/11/08 City Council Post Agenda Page 416 of 719 4 City of Chula Vista Agreement No.: 2022-194 Consultant Name: ROSS FINANCIAL Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/11/08 City Council Post Agenda Page 417 of 719 5 City of Chula Vista Agreement No.: 2022-194 Consultant Name: ROSS FINANCIAL Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity 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 limi ted to the extent required by California Civil Code section 2782.8. 2022/11/08 City Council Post Agenda Page 418 of 719 6 City of Chula Vista Agreement No.: 2022-194 Consultant Name: ROSS FINANCIAL Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/11/08 City Council Post Agenda Page 419 of 719 7 City of Chula Vista Agreement No.: 2022-194 Consultant Name: ROSS FINANCIAL Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/11/08 City Council Post Agenda Page 420 of 719 8 City of Chula Vista Agreement No.: 2022-194 Consultant Name: ROSS FINANCIAL Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/11/08 City Council Post Agenda Page 421 of 719 9 City of Chula Vista Agreement No.: 2022-194 Consultant Name: ROSS FINANCIAL Rev. 9/15/20 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/11/08 City Council Post Agenda Page 422 of 719 10 City of Chula Vista Agreement No.: 2022-194 Consultant Name: ROSS FINANCIAL Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. ROSS FINANCIAL CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ PETER J. ROSS MARIA V. KACHADOORIAN Principal CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/11/08 City Council Post Agenda Page 423 of 719 11 City of Chula Vista Agreement No.: 2022-194 Consultant Name: ROSS FINANCIAL Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jay Alvarado City of Chula Vista Development Services Department 276 Fourth Avenue, Chula Vista, CA 91910 619-409-5805 JayAlvarado@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: ROSS FINANCIAL 1736 Stockton Street, Suite One 415-912-5612 rossfinancial@smkc.com For Legal Notice Copy to: Peter Ross 1736 Stockton Street, Suite One 415-912-5612 rossfinancial@smkc.com 2. Required Services A. General Description: The Consultant shall provide professional housing services as requested by the City per Section B, “Detailed Description”. B. Detailed Description: When requested by the City, Consultant shall provide City with housing services. When requested by the City, Consultant shall provide City with municipal advisor services. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2022 and end on November 30, 2023 for completion of all Required Services. 4. Compensation: 2022/11/08 City Council Post Agenda Page 424 of 719 12 City of Chula Vista Agreement No.: 2022-194 Consultant Name: ROSS FINANCIAL Rev. 9/15/20 A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Principal - $375/hour B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 30, 2023 shall not exceed $500,000.00. 5. Special Provisions: ☒ None 2022/11/08 City Council Post Agenda Page 425 of 719 13 City of Chula Vista Agreement No.: 2022-194 Consultant Name: ROSS FINANCIAL Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/11/08 City Council Post Agenda Page 426 of 719 14 City of Chula Vista Agreement No.: 2022-194 Consultant Name: ROSS FINANCIAL Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☐ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☒ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Peter Ross rossfinancial@smkc.com ☒ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jay Alvarado 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). 2022/11/08 City Council Post Agenda Page 427 of 719 1 City of Chula Vista Agreement No.: 2022-195 Consultant Name: RSG, Inc. Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH RSG, INC. TO PROVIDE HOUSING SERVICES This Agreement is entered into effective as of December 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and RSG, Inc., A California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide housing services; and WHEREAS, City advertised for competitive requests for qualifications for said services; and WHEREAS, after reviewing submitted responses, Consultant was chosen as one of four of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/11/08 City Council Post Agenda Page 428 of 719 2 City of Chula Vista Agreement No.: 2022-195 Consultant Name: RSG, Inc. Rev. 9/15/20 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/11/08 City Council Post Agenda Page 429 of 719 3 City of Chula Vista Agreement No.: 2022-195 Consultant Name: RSG, Inc. Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/11/08 City Council Post Agenda Page 430 of 719 4 City of Chula Vista Agreement No.: 2022-195 Consultant Name: RSG, Inc. Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/11/08 City Council Post Agenda Page 431 of 719 5 City of Chula Vista Agreement No.: 2022-195 Consultant Name: RSG, Inc. Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity 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 limi ted to the extent required by California Civil Code section 2782.8. 2022/11/08 City Council Post Agenda Page 432 of 719 6 City of Chula Vista Agreement No.: 2022-195 Consultant Name: RSG, Inc. Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/11/08 City Council Post Agenda Page 433 of 719 7 City of Chula Vista Agreement No.: 2022-195 Consultant Name: RSG, Inc. Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/11/08 City Council Post Agenda Page 434 of 719 8 City of Chula Vista Agreement No.: 2022-195 Consultant Name: RSG, Inc. Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/11/08 City Council Post Agenda Page 435 of 719 9 City of Chula Vista Agreement No.: 2022-195 Consultant Name: RSG, Inc. Rev. 9/15/20 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/11/08 City Council Post Agenda Page 436 of 719 10 City of Chula Vista Agreement No.: 2022-195 Consultant Name: RSG, Inc. Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. RSG, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ TARA E. MATTHEWS MARIA V. KACHADOORIAN PRINCIPAL CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/11/08 City Council Post Agenda Page 437 of 719 11 City of Chula Vista Agreement No.: 2022-195 Consultant Name: RSG, Inc. Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jay Alvarado City of Chula Vista Development Services Department 276 Fourth Avenue, Chula Vista, CA 91910 619-409-5805 JayAlvarado@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: RSG, INC. 17872 Gillette Avenue, Suite 350 Irvine, CA 92614i 714-541-4585 tmatthews@webrsg.com For Legal Notice Copy to: Tara E. Matthews 17872 Gillette Avenue, Suite 350, Irvine, CA 92614 714-541-4585 tmatthews@webrsg.com 2. Required Services A. General Description: The Consultant shall provide professional housing services as requested by the City per Section B, “Detailed Description”. B. Detailed Description: When requested by the City, Consultant shall provide City with housing services. When requested by the City, Consultant shall provide City with first-time homebuyer program implementation and management, including outreach and marketing. 2022/11/08 City Council Post Agenda Page 438 of 719 12 City of Chula Vista Agreement No.: 2022-195 Consultant Name: RSG, Inc. Rev. 9/15/20 When requested by the City, Consultant shall provide City with fair housing and landlord tenant services, including but not limited to, advocacy, outreach and education, providing technical training, and fair housing discrimination investigations. When requested by the City, Consultant shall provide City with housing unit monitoring and reporting, including update and preparation of SB-341 Successor Housing Entity Annual Reports and Housing Authority Annual Reports. When requested by the City, Consultant shall provide City with housing inspection services, including Housing Quality Standards (HQS) inspections. When requested by the City, Consultant shall provide City with municipal advisor services. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2022 and end on November 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Principal / Director $ 275 Senior Associate $ 200 Associate $ 185 Senior Analyst $ 150 Analyst $ 135 Research Assistant $ 125 Technician $ 80 Clerical $ 60 B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 30, 2023 shall not exceed $500,000.00. 5. Special Provisions: ☒ None 2022/11/08 City Council Post Agenda Page 439 of 719 13 City of Chula Vista Agreement No.: 2022-195 Consultant Name: RSG, Inc. Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/11/08 City Council Post Agenda Page 440 of 719 14 City of Chula Vista Agreement No.: 2022-195 Consultant Name: RSG, Inc. Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jay Alvarado 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). 2022/11/08 City Council Post Agenda Page 441 of 719 1 City of Chula Vista Agreement No.: 2022-187 Consultant Name: DELORENZO INTERNATIONAL INC. Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH DELORENZO INTERNATIONAL INC. TO PROVIDE LANDSCAPE ARCHITECTURE SERVICES This Agreement is entered into effective as of December 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and DELORENZO INTERNATIONAL INC., a California Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide landscape architecture services; and WHEREAS, City advertised for competitive requests for qualifications for said services; and WHEREAS, after reviewing submitted responses, Consultant was chosen as one of five of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/11/08 City Council Post Agenda Page 442 of 719 2 City of Chula Vista Agreement No.: 2022-187 Consultant Name: DELORENZO INTERNATIONAL INC. Rev. 9/15/20 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/11/08 City Council Post Agenda Page 443 of 719 3 City of Chula Vista Agreement No.: 2022-187 Consultant Name: DELORENZO INTERNATIONAL INC. Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/11/08 City Council Post Agenda Page 444 of 719 4 City of Chula Vista Agreement No.: 2022-187 Consultant Name: DELORENZO INTERNATIONAL INC. Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/11/08 City Council Post Agenda Page 445 of 719 5 City of Chula Vista Agreement No.: 2022-187 Consultant Name: DELORENZO INTERNATIONAL INC. Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity 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 limi ted to the extent required by California Civil Code section 2782.8. 2022/11/08 City Council Post Agenda Page 446 of 719 6 City of Chula Vista Agreement No.: 2022-187 Consultant Name: DELORENZO INTERNATIONAL INC. Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/11/08 City Council Post Agenda Page 447 of 719 7 City of Chula Vista Agreement No.: 2022-187 Consultant Name: DELORENZO INTERNATIONAL INC. Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/11/08 City Council Post Agenda Page 448 of 719 8 City of Chula Vista Agreement No.: 2022-187 Consultant Name: DELORENZO INTERNATIONAL INC. Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/11/08 City Council Post Agenda Page 449 of 719 9 City of Chula Vista Agreement No.: 2022-187 Consultant Name: DELORENZO INTERNATIONAL INC. Rev. 9/15/20 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/11/08 City Council Post Agenda Page 450 of 719 10 City of Chula Vista Agreement No.: 2022-187 Consultant Name: DELORENZO INTERNATIONAL INC. Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. DELORENZO INTERNATIONAL INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Nicholas DeLorenzo MARIA V. KACHADOORIAN President CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/11/08 City Council Post Agenda Page 451 of 719 11 City of Chula Vista Agreement No.: 2022-187 Consultant Name: DELORENZO INTERNATIONAL INC. Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jay Alvarado City of Chula Vista Development Services Department 276 Fourth Avenue, Chula Vista, CA 91910 619-409-5805 JayAlvarado@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: DELORENZO INTERNATIONAL INC. DeLorenzo International Inc. [3954 Murphy Canyon Rd., Suite D206 San Diego, CA 92123 (858) 430-6155 x227 nicholas@delorenzo-intl.com For Legal Notice Copy to: Joseph A. Contreras 3954 Murphy Canyon Rd., Suite D206 San Diego, CA 92123 (858) 430-6155 x226 jcontreras@delorenzo-intl.com 2. Required Services A. General Description: The Consultant shall provide professional landscape architecture services as requested by the City per Section B, “Detailed Description”. B. Detailed Description: When requested by the City, Consultant shall provide City with general landscape architecture services. When requested by the City, Consultant shall provide City with landscape and irrigation plan review and/or preparation. When requested by the City, Consultant shall provide City with project site analysis review and/or preparation. 2022/11/08 City Council Post Agenda Page 452 of 719 12 City of Chula Vista Agreement No.: 2022-187 Consultant Name: DELORENZO INTERNATIONAL INC. Rev. 9/15/20 When requested by the City, Consultant shall provide City with capacity study review and/or preparation. When requested by the City, Consultant shall provide City with construction document review and/or preparation.. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2022 and end on November 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Principal/Senior Landscape Architect/Planners $200.00 Project Managers/Landscape Architects/Planners $150.00 Project Designers/Planners $110.00 CADD Drafters $85.00 Word Processing/Non-technical Staff $75.00 B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 30, 2023 shall not exceed $500,000.00. 5. Special Provisions: ☒ None 2022/11/08 City Council Post Agenda Page 453 of 719 13 City of Chula Vista Agreement No.: 2022-187 Consultant Name: DELORENZO INTERNATIONAL INC. Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/11/08 City Council Post Agenda Page 454 of 719 14 City of Chula Vista Agreement No.: 2022-187 Consultant Name: DELORENZO INTERNATIONAL INC. Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jay Alvarado 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). 2022/11/08 City Council Post Agenda Page 455 of 719 1 City of Chula Vista Agreement No.: 2022-188 Consultant Name: DENEEN POWELL ATELIER, INC. Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH DENEEN POWELL ATELIER, INC. TO PROVIDE LANDSCAPE ARCHITECTURE SERVICES This Agreement is entered into effective as of December 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and DENEEN POWELL ATELIER, INC., a California Corporation, (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide landscape architecture services; and WHEREAS, City advertised for competitive requests for qualifications for said services; and WHEREAS, after reviewing submitted responses, Consultant was chosen as one of five of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/11/08 City Council Post Agenda Page 456 of 719 2 City of Chula Vista Agreement No.: 2022-188 Consultant Name: DENEEN POWELL ATELIER, INC. Rev. 9/15/20 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/11/08 City Council Post Agenda Page 457 of 719 3 City of Chula Vista Agreement No.: 2022-188 Consultant Name: DENEEN POWELL ATELIER, INC. Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/11/08 City Council Post Agenda Page 458 of 719 4 City of Chula Vista Agreement No.: 2022-188 Consultant Name: DENEEN POWELL ATELIER, INC. Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/11/08 City Council Post Agenda Page 459 of 719 5 City of Chula Vista Agreement No.: 2022-188 Consultant Name: DENEEN POWELL ATELIER, INC. Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity 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 limi ted to the extent required by California Civil Code section 2782.8. 2022/11/08 City Council Post Agenda Page 460 of 719 6 City of Chula Vista Agreement No.: 2022-188 Consultant Name: DENEEN POWELL ATELIER, INC. Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/11/08 City Council Post Agenda Page 461 of 719 7 City of Chula Vista Agreement No.: 2022-188 Consultant Name: DENEEN POWELL ATELIER, INC. Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/11/08 City Council Post Agenda Page 462 of 719 8 City of Chula Vista Agreement No.: 2022-188 Consultant Name: DENEEN POWELL ATELIER, INC. Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/11/08 City Council Post Agenda Page 463 of 719 9 City of Chula Vista Agreement No.: 2022-188 Consultant Name: DENEEN POWELL ATELIER, INC. Rev. 9/15/20 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/11/08 City Council Post Agenda Page 464 of 719 10 City of Chula Vista Agreement No.: 2022-188 Consultant Name: DENEEN POWELL ATELIER, INC. Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. DENEEN POWELL ATELIER, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Jon Powell – RLA #2645 MARIA V. KACHADOORIAN Vice President CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/11/08 City Council Post Agenda Page 465 of 719 11 City of Chula Vista Agreement No.: 2022-188 Consultant Name: DENEEN POWELL ATELIER, INC. Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jay Alvarado City of Chula Vista Development Services Department 276 Fourth Avenue, Chula Vista, CA 91910 619-409-5805 JayAlvarado@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: DENEEN POWELL ATELIER, INC. 2305 El Cajon Blvd., San Diego, CA 92104 619.294.9042 jon@dpadesign.com; jeri@dpadesign.com For Legal Notice Copy to: Jon Powell 2305 El Cajon Blvd., San Diego, CA 92104s 619.294.9042 jon@dpadesign.com; jeri@dpadesign.com 2. Required Services A. General Description: The Consultant shall provide professional landscape architecture services as requested by the City per Section B, “Detailed Description”. B. Detailed Description: When requested by the City, Consultant shall provide City with general landscape architecture services. When requested by the City, Consultant shall provide City with general interpretive design services, including exterior graphic design. When requested by the City, Consultant shall provide City with landscape and irrigation plan review and/or preparation. 2022/11/08 City Council Post Agenda Page 466 of 719 12 City of Chula Vista Agreement No.: 2022-188 Consultant Name: DENEEN POWELL ATELIER, INC. Rev. 9/15/20 When requested by the City, Consultant shall provide City with project site analysis review and/or preparation. When requested by the City, Consultant shall provide City with capacity study review and/or preparation. When requested by the City, Consultant shall provide City with construction document review and/or preparation.. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2022 and end on November 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Principal $150.00 per hour Project Landscape Architect / Designer $120.00 per hour Irrigation Designer $100.00 per hour Clerical $60.00 per hour Copy Writer $92.00 per hour B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 30, 2023 shall not exceed $500,000.00. 5. Special Provisions: ☒ None 2022/11/08 City Council Post Agenda Page 467 of 719 13 City of Chula Vista Agreement No.: 2022-188 Consultant Name: DENEEN POWELL ATELIER, INC. Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/11/08 City Council Post Agenda Page 468 of 719 14 City of Chula Vista Agreement No.: 2022-188 Consultant Name: DENEEN POWELL ATELIER, INC. Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jay Alvarado 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company). 2022/11/08 City Council Post Agenda Page 469 of 719 1 City of Chula Vista Agreement No.: 2022-186 Consultant Name: Estrada Land Planning, Inc. Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH ESTRADA LAND PLANNING, INC. TO PROVIDE LANDSCAPE ARCHITECTURE SERVICES This Agreement is entered into effective as of December 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Estrada Land Planning, Inc., a California Corporation, (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide landscape architecture services; and WHEREAS, City advertised for competitive requests for qualifications for said services; and WHEREAS, after reviewing submitted responses, Consultant was chosen as one of five of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/11/08 City Council Post Agenda Page 470 of 719 2 City of Chula Vista Agreement No.: 2022-186 Consultant Name: Estrada Land Planning, Inc. Rev. 9/15/20 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/11/08 City Council Post Agenda Page 471 of 719 3 City of Chula Vista Agreement No.: 2022-186 Consultant Name: Estrada Land Planning, Inc. Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/11/08 City Council Post Agenda Page 472 of 719 4 City of Chula Vista Agreement No.: 2022-186 Consultant Name: Estrada Land Planning, Inc. Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/11/08 City Council Post Agenda Page 473 of 719 5 City of Chula Vista Agreement No.: 2022-186 Consultant Name: Estrada Land Planning, Inc. Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity 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 limi ted to the extent required by California Civil Code section 2782.8. 2022/11/08 City Council Post Agenda Page 474 of 719 6 City of Chula Vista Agreement No.: 2022-186 Consultant Name: Estrada Land Planning, Inc. Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/11/08 City Council Post Agenda Page 475 of 719 7 City of Chula Vista Agreement No.: 2022-186 Consultant Name: Estrada Land Planning, Inc. Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/11/08 City Council Post Agenda Page 476 of 719 8 City of Chula Vista Agreement No.: 2022-186 Consultant Name: Estrada Land Planning, Inc. Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/11/08 City Council Post Agenda Page 477 of 719 9 City of Chula Vista Agreement No.: 2022-186 Consultant Name: Estrada Land Planning, Inc. Rev. 9/15/20 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/11/08 City Council Post Agenda Page 478 of 719 10 City of Chula Vista Agreement No.: 2022-186 Consultant Name: Estrada Land Planning, Inc. Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. ESTRADA LAND PLANNING, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Vicki Estrada MARIA V. KACHADOORIAN President CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/11/08 City Council Post Agenda Page 479 of 719 11 City of Chula Vista Agreement No.: 2022-186 Consultant Name: Estrada Land Planning, Inc. Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jay Alvarado City of Chula Vista Development Services Department 276 Fourth Avenue, Chula Vista, CA 91910 619-409-5805 JayAlvarado@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: ESTRADA LAND PLANNING, INC. 750 B Street, Suite 1620 619 236-0143 vestrada@estradalandplan.com For Legal Notice Copy to: Vicki Estrada 750 B Street, Suite 1620 619 272-7999 vestrada@estradalandplan.com 2. Required Services A. General Description: The Consultant shall provide professional landscape architecture services as requested by the City per Section B. Detailed Description: When requested by the City, Consultant shall provide City with general landscape architecture services. When requested by the City, Consultant shall provide City with landscape and irrigation plan review and/or preparation. When requested by the City, Consultant shall provide City with project site analysis review and/or preparation. When requested by the City, Consultant shall provide City with capacity study review and/or preparation. 2022/11/08 City Council Post Agenda Page 480 of 719 12 City of Chula Vista Agreement No.: 2022-186 Consultant Name: Estrada Land Planning, Inc. Rev. 9/15/20 When requested by the City, Consultant shall provide City with construction document review and/or preparation.. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2022 and end on November 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Principal $275.00 Project Manager/Senior Planner/Senior Landscape Architect $175.00 Planner/Landscape Designer $90.00 Administration $80.00 B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 30, 2023 shall not exceed $500,000.00. 5. Special Provisions: ☒ Permitted Sub-Consultants: Nasland Office Engineering Rate Project Manager $ 210.00 Project Engineer 190.00 Design Engineer 170.00 Designer 120.00 Engineering Aide 90.00 Field Engineering Survey Project Manager $ 200.00 Survey Analyst 165.00 Assistant Survey Analyst 120.00 2 – Person Survey Crew (Prevailing Wage) 330.00 MacDonald Engineers, Inc. Professional Engineer (Reports, Studies & PEER Review): $175.00 Professional Engineer (Engineering): $150.00 Designer, T-24, Photometric Calculations, etc. $100.00 Computer Aided Design (CAD) Draftsperson $100.00 2022/11/08 City Council Post Agenda Page 481 of 719 13 City of Chula Vista Agreement No.: 2022-186 Consultant Name: Estrada Land Planning, Inc. Rev. 9/15/20 Word-Processing, Clerical $ 65.00 GEOCON Professional Services Word Processor/Technical Editor/CAD......................... $80/hr. Engineering Assistant/Lab Technician. ........................... 80/hr. Special Inspector ............................................................. 75/hr. Engineering Field Technician (Including Vehicle and Nuclear Gauge) and Non-Destructive Testing .............................. 85/hr. Senior Engineering Field Technician (Including Vehicle and Nuclear Gauge) ................................................................ 90/hr. Staff Engineer/Geologist ............................................... 115/hr. Senior Staff Engineer/Geologist .................................... 130/hr. Project Engineer/Geologist ............................................ 140/hr. Senior Project Engineer/Geologist ................................. 150/hr. Senior Engineer/Geologist ............................................. 175/hr. Associate Engineer/Geologist ........................................ 185/hr. Principal Engineer/Geologist/Litigation Support ........... 200/hr. Deposition or Court Appearance ................................... 400/hr. Attorney Fees (General) ................................................ 350/hr. Overtime and Saturday Rate .......... 1.5 X Regular Hourly Rate Sunday and Holiday Rate ................. 2 X Regular Hourly Rate Minimum Professional Fee .............................$500/Per Project Minimum Field Services Fee (per day or call-out) .......... 4 hrs. Short-Notice Cancellation: After 4 pm of the day prior to scheduled inspection time ... 4 hrs. Upon or after arrival at job site) .......................................... 4 hrs. *Prevailing Wage Hourly Surcharge per California Labor Code §1720, et seq. ...................................................... $40/hr. Travel Personnel ................................................. Regular Hourly Rate Subsistence (Per Diem)............................................. $150/day Equipment & Materials Nuclear Gauge ............................. Included in Technician Rate Coring Machine (concrete, asphalt, masonry) .......... $180/day Generator/Air Compressor ........................................... 105/day Asphalt Cold Patch, 60-lb. sack ..................................... 18/bag Concrete, 60-lb. sack ..................................................... 18/bag GPS Unit...................................................................... 165/day Outside Services/Equipment/Materials .................. Cost + 15% Laboratory Tests COMPACTION CURVES 4-inch mold (D1557) .................................................. $215/ea. 6-inch mold (D1557) ................................................... 215/ea. California Impact (CAL216) ........................................ 210/ea. 2022/11/08 City Council Post Agenda Page 482 of 719 14 City of Chula Vista Agreement No.: 2022-186 Consultant Name: Estrada Land Planning, Inc. Rev. 9/15/20 Check Point .................................................................... 91/ea. SOIL AND AGGREGATE STABILITY Resistance Value, R-Value (D2844/CAL301) ........... $299/ea. R-Value, Treated (CAL301) ........................................ 314/ea. California Bearing Ratio (D1883) ............................... 556/ea. Stabilization Ability of Lime (C977) ........................... 190/ea. SOIL AND AGGREGATE PROPERTIES #200 Wash (D1140/C117) ............................................ $64/ea. Wet Sieve Analysis to #200 (D422) .............................. 106/ea. Hydrometer Analysis (D422) ....................................... 160/ea. Sieve Analysis with Hydrometer (D422) ..................... 191/ea. Specific Gravity, Soil (D854) ........................................ 74/ea. Specific Gravity Coarse Aggregate (C127) ................... 54/ea. Specific Gravity Fine Aggregate (C128) ....................... 72/ea. Moisture Determination, tube sample (D2216) .............. 22/ea. Moisture Determination and Unit Weight (D2937) ....... 42/ea. Atterberg Limits: Plasticity Index (D4318) ................. 160/ea. Sand Equivalent (D2419) ............................................. 103/ea. pH and Resistivity (CAL643) ...................................... 129/ea. Sulfate Content (CAL417) ............................................. 93/ea. Chloride Content (CAL422) .......................................... 62/ea. SHEAR STRENGTH Unconfined Compression (D2166) ............................. $129/ea. Direct Shear, Quick (D3080) ....................................... 232/ea. Unconsolidated-Undrained Triaxial Shear (D2850) ..... 134/pt. Unconsolidated-Undrained Triaxial Staged (D2850) ... 185/ea. Consolidated-Undrained Triaxial Shear (D4767) ......... 291/pt. Consolidated-Undrained Triaxial Staged (D4767) ....... 371/ea. Consolidated-Drained Triaxial Shear (EM1110) .......... 391/pt. Consolidated-Drained Triaxial Staged (EM1110) ........ 505/ea. CONCRETE Compressive Strength, Cylinders (C39) ...................... $28/ea. Compressive Strength, Cylinders 6x12 (C39) ................ 31/ea. Compressive Strength, Cores (C42) ............................... 62/ea. Flexural Strength Beam (C78/C293) ............................. 85/ea. Splitting Tensile Test (C496) ......................................... 73/ea. Mix Design Review ...................................................... 211/ea. Trial Batch .................................................................... 505/ea. PERMEABILITY, CONSOLIDATION, AND EXPANSION Permeability, Flexible Wall (D5084) ......................... $281/ea. Permeability, Rigid Wall (D5856) ............................... 271/ea. Consolidation, per point (D2435) ................................... 54/pt. Expansion Index (D4829/UBC 29-2) ........................... 149/ea. MASONRY CMU Compressive Strength (C140) ............................ $64/ea. Compressive Strength, Grout (C1019/UBC 21-19) ....... 27/ea. Compressive Strength, Mortar (C109/UBC 21-15,16) ... 27/ea. CMU Unit Wt., Dimen., Absorption (C140) .................. 64/ea. Compressive Strength, Masonry Prism (C1314) ........... 122/ea. 2022/11/08 City Council Post Agenda Page 483 of 719 15 City of Chula Vista Agreement No.: 2022-186 Consultant Name: Estrada Land Planning, Inc. Rev. 9/15/20 AGGREGATE QUALITY Dry Sieve Analysis to #200 (C13) ............................. $106/ea. L.A. Rattler Test (500 rev.) (C131) ............................. 196/ea. Sulfate Soundness (per sieve size) (C88) ..................... 106/ea. Durability (fine or coarse) (D3744) ............................. 175/ea. Unit Weight (C142) ....................................................... 73/ea. Organic Impurities - Sand (C40) ................................... 59/ea. Friable Particles (C142) ................................................. 84/ea. ASPHALT CONCRETE Density, Hveem (D2726/CAL308) .............................. $96/ea. Stabilometer (D1560/CAL304).................................... 106/ea. Theoretical Max. Specific Gravity (D2041)................... 79/ea. Sieve Analysis Extracted Aggregate (C136) .................. 91/ea. % Asphalt, Ignition Method (CAL382) ....................... 106/ea. % Asphalt, Nuclear Gauge (CAL379) ......................... 111/ea. Unit Weight, Core (D 1188) .......................................... 64/ea. Orie2 Engineering Position Rate Overhead Multiplier Billing Rate Per Hour Senior Structural Engineer $96 x 2.5 = $240.00 Senior Engineer $76 x 2.5 = $190.00 Engineer I $60 x 2.5 = $150.00 Engineer II $48 x 2.5 = $120.00 Engineer III $44 x 2.5 = $110.00 Platt/Whitelaw Architects Inc. Principal Architect ............................................................................................................ $240.00 Project Manager ............................................................................................................... $190.00 Project Architect ............................................................................................................... $180.00 Architect ........................................................................................................................... $160.00 Spec Writer ....................................................................................................................... $150.00 Project Coordinator .......................................................................................................... $130.00 CAD Tech 1 ....................................................................................................................... $120.00 CAD Tech 2 ......................................................................................................................... $90.00 Clerical ................................................................................................................................ $80.00 TTG Environmental TITLE HOURLY RATE PRINCIPAL $225.00 SENIOR PROJECT MANAGER $185.00 ENVIRONMENTAL ANALYST $150.00 GIS/CADD SPECIALIST $115.00 TECHNICAL EDITOR $100.00 WORD PROCESSOR $90.00 ADMINISTRATIVE ASSISTANT $75.00 2022/11/08 City Council Post Agenda Page 484 of 719 16 City of Chula Vista Agreement No.: 2022-186 Consultant Name: Estrada Land Planning, Inc. Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/11/08 City Council Post Agenda Page 485 of 719 17 City of Chula Vista Agreement No.: 2022-186 Consultant Name: Estrada Land Planning, Inc. Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jay Alvarado 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company). 2022/11/08 City Council Post Agenda Page 486 of 719 1 City of Chula Vista Agreement No.: 2022-184 Consultant Name: KTU&A Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH KTU&A TO PROVIDE LANDSCAPE ARCHITECTURE SERVICES This Agreement is entered into effective as of December 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and KTU&A, a California Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide landscape architecture services; and WHEREAS, City advertised for competitive requests for qualifications for said services; and WHEREAS, after reviewing submitted responses, Consultant was chosen as one of five of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/11/08 City Council Post Agenda Page 487 of 719 2 City of Chula Vista Agreement No.: 2022-184 Consultant Name: KTU&A Rev. 9/15/20 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/11/08 City Council Post Agenda Page 488 of 719 3 City of Chula Vista Agreement No.: 2022-184 Consultant Name: KTU&A Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/11/08 City Council Post Agenda Page 489 of 719 4 City of Chula Vista Agreement No.: 2022-184 Consultant Name: KTU&A Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/11/08 City Council Post Agenda Page 490 of 719 5 City of Chula Vista Agreement No.: 2022-184 Consultant Name: KTU&A Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity 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 limi ted to the extent required by California Civil Code section 2782.8. 2022/11/08 City Council Post Agenda Page 491 of 719 6 City of Chula Vista Agreement No.: 2022-184 Consultant Name: KTU&A Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/11/08 City Council Post Agenda Page 492 of 719 7 City of Chula Vista Agreement No.: 2022-184 Consultant Name: KTU&A Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/11/08 City Council Post Agenda Page 493 of 719 8 City of Chula Vista Agreement No.: 2022-184 Consultant Name: KTU&A Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/11/08 City Council Post Agenda Page 494 of 719 9 City of Chula Vista Agreement No.: 2022-184 Consultant Name: KTU&A Rev. 9/15/20 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/11/08 City Council Post Agenda Page 495 of 719 10 City of Chula Vista Agreement No.: 2022-184 Consultant Name: KTU&A Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. KTU&A CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ CHRIS LANGDON MARIA V. KACHADOORIAN PRINCIPAL CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/11/08 City Council Post Agenda Page 496 of 719 11 City of Chula Vista Agreement No.: 2022-184 Consultant Name: KTU&A Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jay Alvarado City of Chula Vista Development Services Department 276 Fourth Avenue, Chula Vista, CA 91910 619-409-5805 JayAlvarado@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: KTU&A 3916 Normal Street, San Diego, CA 92103 (619) 294-4477 ext. 115 chris@ktua.com For Legal Notice Copy to: Todd E. Doyle, Solomon Minton Cardinal Doyle & Smith LLP 701 B Street, Suite 520, San Diego, CA 92101 (619) 237-8822 tdoyle@smcdslaw.com 2. Required Services A. General Description: The Consultant shall provide professional landscape architecture services as requested by the City per Section B, “Detailed Description”. B. Detailed Description: When requested by the City, Consultant shall provide City with general landscape architecture services. When requested by the City, Consultant shall provide City with landscape and irrigation plan review and/or preparation. When requested by the City, Consultant shall provide City with project site analysis review and/or preparation. When requested by the City, Consultant shall provide City with capacity study review and/or preparation. 2022/11/08 City Council Post Agenda Page 497 of 719 12 City of Chula Vista Agreement No.: 2022-184 Consultant Name: KTU&A Rev. 9/15/20 When requested by the City, Consultant shall provide City with construction document review and/or preparation.. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2022 and end on November 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Senior Principal $205 Principal $185 Senior Associate II $175 Senior Associate I $155 Associate II $145 Associate I $135 Senior Designer/Planner II $125 Senior Designer/Planner $115 Designer/Planner $105 Administration $ 85 B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 30, 2023 shall not exceed $500,000.00. 5. Special Provisions: ☒ None 2022/11/08 City Council Post Agenda Page 498 of 719 13 City of Chula Vista Agreement No.: 2022-184 Consultant Name: KTU&A Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/11/08 City Council Post Agenda Page 499 of 719 14 City of Chula Vista Agreement No.: 2022-184 Consultant Name: KTU&A Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☒ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jay Alvarado 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). 2022/11/08 City Council Post Agenda Page 500 of 719 1 City of Chula Vista Agreement No.: 2022-185 Consultant Name: SPURLOCK LANDSCAPE ARCHITECTS Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH SPURLOCK LANDSCAPE ARCHITECTS TO PROVIDE LANDSCAPE ARCHITECTURE SERVICES This Agreement is entered into effective as of December 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and SPURLOCK LANDSCAPE ARCHITECTS, a California Professional Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide landscape architecture services; and WHEREAS, City advertised for competitive requests for qualifications for said services; and WHEREAS, after reviewing submitted responses, Consultant was chosen as one of five of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with t he time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/11/08 City Council Post Agenda Page 501 of 719 2 City of Chula Vista Agreement No.: 2022-185 Consultant Name: SPURLOCK LANDSCAPE ARCHITECTS Rev. 9/15/20 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/11/08 City Council Post Agenda Page 502 of 719 3 City of Chula Vista Agreement No.: 2022-185 Consultant Name: SPURLOCK LANDSCAPE ARCHITECTS Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/11/08 City Council Post Agenda Page 503 of 719 4 City of Chula Vista Agreement No.: 2022-185 Consultant Name: SPURLOCK LANDSCAPE ARCHITECTS Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/11/08 City Council Post Agenda Page 504 of 719 5 City of Chula Vista Agreement No.: 2022-185 Consultant Name: SPURLOCK LANDSCAPE ARCHITECTS Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity 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 limi ted to the extent required by California Civil Code section 2782.8. 2022/11/08 City Council Post Agenda Page 505 of 719 6 City of Chula Vista Agreement No.: 2022-185 Consultant Name: SPURLOCK LANDSCAPE ARCHITECTS Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/11/08 City Council Post Agenda Page 506 of 719 7 City of Chula Vista Agreement No.: 2022-185 Consultant Name: SPURLOCK LANDSCAPE ARCHITECTS Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/11/08 City Council Post Agenda Page 507 of 719 8 City of Chula Vista Agreement No.: 2022-185 Consultant Name: SPURLOCK LANDSCAPE ARCHITECTS Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/11/08 City Council Post Agenda Page 508 of 719 9 City of Chula Vista Agreement No.: 2022-185 Consultant Name: SPURLOCK LANDSCAPE ARCHITECTS Rev. 9/15/20 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/11/08 City Council Post Agenda Page 509 of 719 10 City of Chula Vista Agreement No.: 2022-185 Consultant Name: SPURLOCK LANDSCAPE ARCHITECTS Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. SPURLOCK LANDSCAPE ARCHITECTS CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ BRAD LENTS, RLA, AICP, LEED AP MARIA V. KACHADOORIAN Principal, Partner CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/11/08 City Council Post Agenda Page 510 of 719 11 City of Chula Vista Agreement No.: 2022-185 Consultant Name: SPURLOCK LANDSCAPE ARCHITECTS Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jay Alvarado City of Chula Vista Development Services Department 276 Fourth Avenue, Chula Vista, CA 91910 619-409-5805 JayAlvarado@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: SPURLOCK LANDSCAPE ARCHITECTS 2122 Hancock Street San Diego, CA 92110 619-681-0090 blents@spurlock-land.com For Legal Notice Copy to: Dana Sather, Business Manager Spurlock Landscape Architects 2122 Hancock Street San Diego, CA 92110 619-681-0090 dsather@spurlock-land.com 2. Required Services A. General Description: The Consultant shall provide professional landscape architecture services as requested by the City per Section B, “Detailed Description”. B. Detailed Description: When requested by the City, Consultant shall provide City with general landscape architecture services. When requested by the City, Consultant shall provide City with landscape and irrigation plan review and/or preparation. 2022/11/08 City Council Post Agenda Page 511 of 719 12 City of Chula Vista Agreement No.: 2022-185 Consultant Name: SPURLOCK LANDSCAPE ARCHITECTS Rev. 9/15/20 When requested by the City, Consultant shall provide City with project site analysis review and/or preparation. When requested by the City, Consultant shall provide City with capacity study review and/or preparation. When requested by the City, Consultant shall provide City with construction document review and/or preparation.. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2022 and end on November 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Principal 200.00 / hour Project Manager 150.00 / hour Job Captain 125.00 / hour Landscape Designer 100.00 / hour Administrator 80.00 / hour Intern 65.00 / hour B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 30, 2023 shall not exceed $500,000.00. 5. Special Provisions: ☒ None 2022/11/08 City Council Post Agenda Page 512 of 719 13 City of Chula Vista Agreement No.: 2022-185 Consultant Name: SPURLOCK LANDSCAPE ARCHITECTS Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/11/08 City Council Post Agenda Page 513 of 719 14 City of Chula Vista Agreement No.: 2022-185 Consultant Name: SPURLOCK LANDSCAPE ARCHITECTS Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jay Alvarado 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). 2022/11/08 City Council Post Agenda Page 514 of 719 1 City of Chula Vista Agreement No.: 2022-179 Consultant Name: Michael Baker International, Inc. Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. TO PROVIDE PLANNING SERVICES AND HOUSING SERVICES This Agreement is entered into effective as of December 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Michael Baker International, Inc., a California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide planning services and housing services; and WHEREAS, City advertised for competitive requests for qualifications for said services; and WHEREAS, after reviewing submitted responses, Consultant was chosen as one of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/11/08 City Council Post Agenda Page 515 of 719 2 City of Chula Vista Agreement No.: 2022-179 Consultant Name: Michael Baker International, Inc. Rev. 9/15/20 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/11/08 City Council Post Agenda Page 516 of 719 3 City of Chula Vista Agreement No.: 2022-179 Consultant Name: Michael Baker International, Inc. Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/11/08 City Council Post Agenda Page 517 of 719 4 City of Chula Vista Agreement No.: 2022-179 Consultant Name: Michael Baker International, Inc. Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/11/08 City Council Post Agenda Page 518 of 719 5 City of Chula Vista Agreement No.: 2022-179 Consultant Name: Michael Baker International, Inc. Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity 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 limi ted to the extent required by California Civil Code section 2782.8. 2022/11/08 City Council Post Agenda Page 519 of 719 6 City of Chula Vista Agreement No.: 2022-179 Consultant Name: Michael Baker International, Inc. Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/11/08 City Council Post Agenda Page 520 of 719 7 City of Chula Vista Agreement No.: 2022-179 Consultant Name: Michael Baker International, Inc. Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/11/08 City Council Post Agenda Page 521 of 719 8 City of Chula Vista Agreement No.: 2022-179 Consultant Name: Michael Baker International, Inc. Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/11/08 City Council Post Agenda Page 522 of 719 9 City of Chula Vista Agreement No.: 2022-179 Consultant Name: Michael Baker International, Inc. Rev. 9/15/20 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/11/08 City Council Post Agenda Page 523 of 719 10 City of Chula Vista Agreement No.: 2022-179 Consultant Name: Michael Baker International, Inc. Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. MICHAEL BAKER INTERNATIONAL, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ TRUDI LIM MARIA V. KACHADOORIAN OFFICE EXECUTIVE CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/11/08 City Council Post Agenda Page 524 of 719 11 City of Chula Vista Agreement No.: 2022-179 Consultant Name: Michael Baker International, Inc. Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jay Alvarado City of Chula Vista Development Services Department 276 Fourth Avenue, Chula Vista, CA 91910 619-409-5805 JayAlvarado@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: MICHAEL BAKER INTERNATIONAL, INC. 9755 Clairemont Mesa Blvd, San Diego, CA 92124 858-614-5059 swragg@mbakerintl.com For Legal Notice Copy to: Trudi Lim, Office Executive Michael Baker International 9755 Clairemont Mesa Blvd. San Diego, CA 92124 858-614-5000 TLIM@mbakerintl.com 2. Required Services A. General Description: The Consultant shall provide professional planning services and housing services as requested by the City per Section B, “Detailed Description”. B. Detailed Description: When requested by the City, Consultant shall provide City with planning services. When requested by the City, Consultant shall provide City with review and/or preparation of California Environmental Quality Act (CEQA) technical studies; including biology, air quality/GHG, noise, cultural, and hazards. 2022/11/08 City Council Post Agenda Page 525 of 719 12 City of Chula Vista Agreement No.: 2022-179 Consultant Name: Michael Baker International, Inc. Rev. 9/15/20 When requested by the City, Consultant shall provide City with review and/or preparation of historic preservation studies. When requested by the City, Consultant shall provide City with housing services. When requested by the City, Consultant shall provide City with first-time homebuyer program implementation and management, including outreach and marketing. When requested by the City, Consultant shall provide City with fair housing and landlord tenant services, including but not limited to, advocacy, outreach and education, providing technical training, and fair housing discrimination investigations. When requested by the City, Consultant shall provide City with housing unit monitoring and reporting, including update and preparation of SB-341 Successor Housing Entity Annual Reports and Housing Authority Annual Reports. When requested by the City, Consultant shall provide City with housing inspection services, including Housing Quality Standards (HQS) inspections. When requested by the City, Consultant shall provide City with municipal advisor services 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2022 and end on November 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Planning Hourly Rate Schedule Principal in Charge/ Senior Project Manager 283.00 Project Manager/Technical Lead 258.00 Senior Technical Specialist/Manager 196.00 Senior Environmental Analyst/Planner 180.00 Senior GIS Analyst 165.00 Environmental Analyst II/Planner II 155.00 Project Cadd Designer 155.00 Project Coordinator 155.00 Environmental Specialist 144.00 GIS Analyst 139.00 Environmental Analyst I/Planner I 140.00 Graphic Artist 113.00 Junior Environmental Analyst/ Planner 105.00 Engineering Aid/Planning Aid 95.00 Office Support/ Clerical 95.00 2022/11/08 City Council Post Agenda Page 526 of 719 13 City of Chula Vista Agreement No.: 2022-179 Consultant Name: Michael Baker International, Inc. Rev. 9/15/20 Housing Hourly Rate Schedule Principal in Charge/Senior Project Manager 283.00 Technical Lead Manager 258.00 Housing Technical Manager 191.00 Senior Housing Planner 175.00 Housing Planner II 155.00 Housing Specialist 144.00 GIS Analyst 139.00 Environmental Analyst I/Planner I 140.00 Designer/Planner/Permit Coordinator 139.00 Graphic Artist/Technical Writer 113.00 Junior Environmental Analyst/ Planner 105.00 Engineering Aid/Planning Aid 95.00 Office Support/ Clerical 95.00 B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 30, 2023 shall not exceed $1,000,000.00. 5. Special Provisions: ☒ None 2022/11/08 City Council Post Agenda Page 527 of 719 14 City of Chula Vista Agreement No.: 2022-179 Consultant Name: Michael Baker International, Inc. Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/11/08 City Council Post Agenda Page 528 of 719 15 City of Chula Vista Agreement No.: 2022-179 Consultant Name: Michael Baker International, Inc. Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jay Alvarado 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). 2022/11/08 City Council Post Agenda Page 529 of 719 1 City of Chula Vista Agreement No.: 2022-177 Consultant Name: Dudek Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH DUDEK TO PROVIDE PLANNING SERVICES This Agreement is entered into effective as of December 1, 2022(“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Dudek, a California Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide planning services; and WHEREAS, City advertised for competitive requests for qualifications for said services; and WHEREAS, after reviewing submitted responses, Consultant was chosen as one of five of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/11/08 City Council Post Agenda Page 530 of 719 2 City of Chula Vista Agreement No.: 2022-177 Consultant Name: Dudek Rev. 9/15/20 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/11/08 City Council Post Agenda Page 531 of 719 3 City of Chula Vista Agreement No.: 2022-177 Consultant Name: Dudek Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/11/08 City Council Post Agenda Page 532 of 719 4 City of Chula Vista Agreement No.: 2022-177 Consultant Name: Dudek Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/11/08 City Council Post Agenda Page 533 of 719 5 City of Chula Vista Agreement No.: 2022-177 Consultant Name: Dudek Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity 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. 2022/11/08 City Council Post Agenda Page 534 of 719 6 City of Chula Vista Agreement No.: 2022-177 Consultant Name: Dudek Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/11/08 City Council Post Agenda Page 535 of 719 7 City of Chula Vista Agreement No.: 2022-177 Consultant Name: Dudek Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/11/08 City Council Post Agenda Page 536 of 719 8 City of Chula Vista Agreement No.: 2022-177 Consultant Name: Dudek Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/11/08 City Council Post Agenda Page 537 of 719 9 City of Chula Vista Agreement No.: 2022-177 Consultant Name: Dudek Rev. 9/15/20 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/11/08 City Council Post Agenda Page 538 of 719 10 City of Chula Vista Agreement No.: 2022-177 Consultant Name: Dudek Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. DUDEK CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Joseph Monaco MARIA V. KACHADOORIAN President and CEO CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/11/08 City Council Post Agenda Page 539 of 719 11 City of Chula Vista Agreement No.: 2022-177 Consultant Name: Dudek Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jay Alvarado City of Chula Vista Development Services Department 276 Fourth Avenue, Chula Vista, CA 91910 619-409-5805 JayAlvarado@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: DUDEK 605 Third Street, Encinitas CA 92024 760-942-5147 Legal@dudek.com For Legal Notice Copy to: Amy Paul 605 Third Street, Encinitas CA 92024 760-942-5147 legal@dudek.com 2. Required Services A. General Description: The Consultant shall provide professional planning services as requested by the City per Section B, “Detailed Description”. B. Detailed Description: When requested by the City, Consultant shall provide City with planning services. When requested by the City, Consultant shall provide City with review and/or preparation of California Environmental Quality Act (CEQA) technical studies; including biology, air quality/GHG, noise, cultural, and hazards. When requested by the City, Consultant shall provide City with review and/or preparation of historic preservation studies. 2022/11/08 City Council Post Agenda Page 540 of 719 12 City of Chula Vista Agreement No.: 2022-177 Consultant Name: Dudek Rev. 9/15/20 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2022 and end on November 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Engineering Services Project Director ...................................................................... $315.00/hr Principal Engineer lll .............................................................. $285.00/hr Principal Engineer II ............................................................... $275.00/hr Principal Engineer I ................................................................ $265.00/hr Program Manager .................................................................. $255.00/hr Senior Project Manager ......................................................... $255.00/hr Project Manager ..................................................................... $245.00/hr Senior Engineer III .................................................................. $240.00/hr Senior Engineer II .................................................................. $230.00/hr Senior Engineer I ................................................................... $220.00/hr Project Engineer IV/Technician IV ......................................... $210.00/hr Project Engineer llI/Technician III .......................................... $200.00/hr Project Engineer lI/Technician II............................................ $185.00/hr Project Engineer I/Technician I ............................................. $165.00/hr Senior Designer II ................................................................... $190.00/hr Senior Designer I .................................................................... $185.00/hr Designer ................................................................................. $175.00/hr Assistant Designer ................................................................. $170.00/hr CADD Operator III ................................................................... $165.00/hr CADD Operator II .................................................................... $155.00/hr CADD Operator I ..................................................................... $140.00/hr CADD Drafter .......................................................................... $125.00 /hr CADD Technician .................................................................... $115.00/hr Project Coordinator ................................................................ $145.00/hr Engineering Assistant ............................................................ $120.00/hr Environmental Services Project Director................................................................................. $265.00/hr Senior Specialist IV........................................................................... $235.00/hr Senior Specialist III .......................................................................... $225.00/hr Senior Specialist II ........................................................................... $210.00/hr Senior Specialist I ............................................................................ $195.00/hr Specialist V........................................................................................ $185.00/hr Specialist IV....................................................................................... $175.00/hr Specialist III ...................................................................................... $165.00/hr Specialist II ....................................................................................... $155.00/hr Specialist I ........................................................................................ $145.00/hr Analyst V ........................................................................................... $13 5.00/hr Analyst IV .......................................................................................... $120.00/hr Analyst III........................................................................................... $110.00/hr Analyst II............................................................................................ $100.00/hr Analyst I................................................................................................ $90.00/hr Technician III ....................................................................................... $75.00/hr 2022/11/08 City Council Post Agenda Page 541 of 719 13 City of Chula Vista Agreement No.: 2022-177 Consultant Name: Dudek Rev. 9/15/20 Technician II ........................................................................................ $65.00/hr Technician I ..........................................................................................$55.00/hr Mapping and Surveying Services Application Developer II .................................................................. $195.00/hr Application Developer I ................................................................... $155.00/hr GIS Analyst V .................................................................................... $205.00/hr GIS Analyst IV ................................................................................... $165.00/hr GIS Analyst III.................................................................................... $145.00/hr GIS Analyst II..................................................................................... $130.00/hr GIS Analyst I...................................................................................... $115.00/hr UAS Pilot ........................................................................................... $115.00/hr Survey Lead ..................................................................................... $185.00/hr Survey Manager .............................................................................. $135.00/hr Survey Crew Chief............................................................................ $115.00/hr Survey Rod Person............................................................................. $95.00/hr Survey Mapping Technician.............................................................. $95.00/hr Construction Management Services Principal/Manager ................................................................. $195.00/hr Senior Construction Manager ............................................... $185.00/hr Senior Project Manager ......................................................... $175.00/hr Construction Manager ........................................................... $160.00/hr Project Manager ..................................................................... $150.00/hr Resident Engineer ....................................................... …….….$150.00/hr Construction Engineer............................................................ $150.00/hr On-site Owner’s Representative ............................................ $140.00/hr Prevailing Wage Inspector ..................................................... $139.00/hr Construction Inspector ........................................................... $135.00/hr Administrator/Labor Compliance .......................................... $100.00/hr Hydrogeology/HazWaste Services Project Director ...................................................................... $315.00/hr Principal Hydrogeologist/Engineer II ..................................... $285.00/hr Principal Hydrogeologist/Engineer I ...................................... $265.00/hr Senior Hydrogeologist V/Engineer V .................................... $250.00/hr Senior Hydrogeologist IV/Engineer IV ................................... $240.00/hr Senior Hydrogeologist III/Engineer III .................................... $230.00/hr Senior Hydrogeologist II/Engineer II ...................................... $220.00/hr Senior Hydrogeologist I/Engineer I ....................................... $210.00/hr Project Hydrogeologist V/Engineer V .................................... $195.00/hr Project Hydrogeologist IV/Engineer IV .................................. $185.00/hr Project Hydrogeologist III/Engineer III ................................... $175.00/hr Project Hydrogeologist II/Engineer II ..................................... $165.00/hr Project Hydrogeologist I/Engineer I ....................................... $155.00/hr Hydrogeologist/Engineering Assistant .................................. $120.00/hr District Management & Operations District General Manager....................................................... $210.00/hr District Engineer ..................................................................... $205.00/hr Operations Manager ............................................................. $160.00/hr District Secretary/Accountant .............................................. $135.00/hr Collections System Manager ................................................. $135.00/hr Grade V Operator ................................................................... $125.00/hr Grade IV Operator .................................................................. $11 0.00/hr Grade III Operator .................................................................. $100.00/hr Grade II Operator ..................................................................... $80.00/hr Grade I Operator ...................................................................... $75.00/hr Operator in Training ................................................................. $75.00/hr Collection Maintenance Worker ............................................. $75.00/hr Creative Services Creative Services IV ............................................................... $165.00/hr 2022/11/08 City Council Post Agenda Page 542 of 719 14 City of Chula Vista Agreement No.: 2022-177 Consultant Name: Dudek Rev. 9/15/20 Creative Services III ............................................................... $150.00/hr Creative Services II ................................................................ $135.00/hr Creative Services I ................................................................. $120.00/hr Publications Services Technical Editor lV ................................................................. $165.00/hr Technical Editor lll .................................................................. $150.00/hr Technical Editor ll ................................................................... $135.00/hr Technical Editor l .................................................................... $120.00/hr Publications Specialist lV ....................................................... $120.00/hr Publications Specialist lll ....................................................... $110.00/hr Publications Specialist ll ........................................................ $100.00/hr Publications Specialist l ........................................................... $90.00/hr Clerical Administration ............................................................. $90.00/hr B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 30, 2023 shall not exceed $500,000.00. 5. Special Provisions: ☒ None 2022/11/08 City Council Post Agenda Page 543 of 719 15 City of Chula Vista Agreement No.: 2022-177 Consultant Name: Dudek Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/11/08 City Council Post Agenda Page 544 of 719 16 City of Chula Vista Agreement No.: 2022-177 Consultant Name: Dudek Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jay Alvarado 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). 2022/11/08 City Council Post Agenda Page 545 of 719 1 City of Chula Vista Agreement No.: 2022-178 Consultant Name: EILAR ASSOCIATES, INC. Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH EILAR ASSOCIATES, INC. TO PROVIDE PLANNING SERVICES This Agreement is entered into effective as of December 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and EILAR ASSOCIATES, INC., a California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide planning services; and WHEREAS, City advertised for competitive requests for qualifications for said services; and WHEREAS, after reviewing submitted responses, Consultant was chosen as one of five of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/11/08 City Council Post Agenda Page 546 of 719 2 City of Chula Vista Agreement No.: 2022-178 Consultant Name: EILAR ASSOCIATES, INC. Rev. 9/15/20 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/11/08 City Council Post Agenda Page 547 of 719 3 City of Chula Vista Agreement No.: 2022-178 Consultant Name: EILAR ASSOCIATES, INC. Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/11/08 City Council Post Agenda Page 548 of 719 4 City of Chula Vista Agreement No.: 2022-178 Consultant Name: EILAR ASSOCIATES, INC. Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/11/08 City Council Post Agenda Page 549 of 719 5 City of Chula Vista Agreement No.: 2022-178 Consultant Name: EILAR ASSOCIATES, INC. Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity 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. 2022/11/08 City Council Post Agenda Page 550 of 719 6 City of Chula Vista Agreement No.: 2022-178 Consultant Name: EILAR ASSOCIATES, INC. Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/11/08 City Council Post Agenda Page 551 of 719 7 City of Chula Vista Agreement No.: 2022-178 Consultant Name: EILAR ASSOCIATES, INC. Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/11/08 City Council Post Agenda Page 552 of 719 8 City of Chula Vista Agreement No.: 2022-178 Consultant Name: EILAR ASSOCIATES, INC. Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/11/08 City Council Post Agenda Page 553 of 719 9 City of Chula Vista Agreement No.: 2022-178 Consultant Name: EILAR ASSOCIATES, INC. Rev. 9/15/20 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/11/08 City Council Post Agenda Page 554 of 719 10 City of Chula Vista Agreement No.: 2022-178 Consultant Name: EILAR ASSOCIATES, INC. Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. EILAR ASSOCIATES, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ AMY HOOL MARIA V. KACHADOORIAN President/CEO CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/11/08 City Council Post Agenda Page 555 of 719 11 City of Chula Vista Agreement No.: 2022-178 Consultant Name: EILAR ASSOCIATES, INC. Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jay Alvarado City of Chula Vista Development Services Department 276 Fourth Avenue, Chula Vista, CA 91910 619-409-5805 JayAlvarado@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: EILAR ASSOCIATES, INC. 210 South Juniper Street, Suite 100, Escondido, CA 92025 760-738-5570 info@eilarassociates.com For Legal Notice Copy to: Amy Hool 210 South Juniper Street, Suite 100, Escondido, CA 92025 760-738-5570 ahool@eilarassociates.com 2. Required Services A. General Description: The Consultant shall provide professional planning services as requested by the City per Section B, “Detailed Description”. B. Detailed Description: When requested by the City, Consultant shall provide City with planning services. When requested by the City, Consultant shall provide City with review and/or preparation of California Environmental Quality Act (CEQA) technical studies; including noise. 2022/11/08 City Council Post Agenda Page 556 of 719 12 City of Chula Vista Agreement No.: 2022-178 Consultant Name: EILAR ASSOCIATES, INC. Rev. 9/15/20 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2022 and end on November 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: $185.00/hour President, Principal/Senior Acoustical Consultant, or Acoustical Consultant $95.00/hour Travel Time or Standby Time $85.00/hour Clerical and Administrative Support $210.00/hour Attendance at and/or participation in public hearings $210.00/hour Litigation support, depositions, and/or expert witness testimony B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 30, 2023 shall not exceed $500,000.00. 5. Special Provisions: ☒ None 2022/11/08 City Council Post Agenda Page 557 of 719 13 City of Chula Vista Agreement No.: 2022-178 Consultant Name: EILAR ASSOCIATES, INC. Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/11/08 City Council Post Agenda Page 558 of 719 14 City of Chula Vista Agreement No.: 2022-178 Consultant Name: EILAR ASSOCIATES, INC. Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Amy Hool ahool@eilarassociates.com ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☒ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jay Alvarado 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company). 2022/11/08 City Council Post Agenda Page 559 of 719 1 City of Chula Vista Agreement No.: 2022-176 Consultant Name: RECON Environmental, Inc. Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH RECON ENVIRONMENTAL, INC. TO PROVIDE PLANNING SERVICES This Agreement is entered into effective as of December 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and RECON Environmental, Inc., a California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide planning services; and WHEREAS, City advertised for competitive requests for qualifications for said services; and WHEREAS, after reviewing submitted responses, Consultant was chosen as one of five of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/11/08 City Council Post Agenda Page 560 of 719 2 City of Chula Vista Agreement No.: 2022-176 Consultant Name: RECON Environmental, Inc. Rev. 9/15/20 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/11/08 City Council Post Agenda Page 561 of 719 3 City of Chula Vista Agreement No.: 2022-176 Consultant Name: RECON Environmental, Inc. Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amou nt invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/11/08 City Council Post Agenda Page 562 of 719 4 City of Chula Vista Agreement No.: 2022-176 Consultant Name: RECON Environmental, Inc. Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/11/08 City Council Post Agenda Page 563 of 719 5 City of Chula Vista Agreement No.: 2022-176 Consultant Name: RECON Environmental, Inc. Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity 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. 2022/11/08 City Council Post Agenda Page 564 of 719 6 City of Chula Vista Agreement No.: 2022-176 Consultant Name: RECON Environmental, Inc. Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/11/08 City Council Post Agenda Page 565 of 719 7 City of Chula Vista Agreement No.: 2022-176 Consultant Name: RECON Environmental, Inc. Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/11/08 City Council Post Agenda Page 566 of 719 8 City of Chula Vista Agreement No.: 2022-176 Consultant Name: RECON Environmental, Inc. Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/11/08 City Council Post Agenda Page 567 of 719 9 City of Chula Vista Agreement No.: 2022-176 Consultant Name: RECON Environmental, Inc. Rev. 9/15/20 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/11/08 City Council Post Agenda Page 568 of 719 10 City of Chula Vista Agreement No.: 2022-176 Consultant Name: RECON Environmental, Inc. Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. RECON ENVIRONMENTAL, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Michael Page MARIA V. KACHADOORIAN Vice President CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/11/08 City Council Post Agenda Page 569 of 719 11 City of Chula Vista Agreement No.: 2022-176 Consultant Name: RECON Environmental, Inc. Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jay Alvarado City of Chula Vista Development Services Department 276 Fourth Avenue, Chula Vista, CA 91910 619-409-5805 JayAlvarado@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: RECON ENVIRONMENTAL, INC. Attn: Erika Powers 3111 Camino del Rio N, Ste 600 San Diego, CA 92108 619-308-9333 epowers@reconenvironmental.com For Legal Notice Copy to: Rob Hobbs, President 3111 Camino del Rio N, Ste 600 San Diego, CA 92108 619-308-9333 rhobbs@reconenvironmental.com 2. Required Services A. General Description: The Consultant shall provide professional planning services as requested by the City per Section B, “Detailed Description”. B. Detailed Description: When requested by the City, Consultant shall provide City with planning services. When requested by the City, Consultant shall provide City with review and/or preparation of California Environmental Quality Act (CEQA) technical studies; including biology, air quality/GHG, noise, cultural, and hazards. 2022/11/08 City Council Post Agenda Page 570 of 719 12 City of Chula Vista Agreement No.: 2022-176 Consultant Name: RECON Environmental, Inc. Rev. 9/15/20 When requested by the City, Consultant shall provide City with review and/or preparation of historic preservation studies. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2022 and end on November 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: HOURLY RATES Environmental Principal ..................................................................................................................................... $225.00 Environmental Project Director....................................................................................................................... $198.00 Senior ..................................................................................................................................................................... $180.00 Associate ............................................................................................................................................................... $152.00 Analyst .................................................................................................................................................................... $138.00 Assistant ................................................................................................................................................................... $112.00 Research Assistant ............................................................................................................................................... $106.00 Unmanned Aerial Vehicle (Drone) Operator ............................................................................................. $184.00 GIS Specialist ......................................................................................................................................................... $128.00 GIS Technician ........................................................................................................................................................ $77.00 Production Supervisor ...................................................................................................................................... $107.00 Production Specialist III ...................................................................................................................................... $92.00 Production Specialist II ....................................................................................................................................... $80.00 Production Specialist I ........................................................................................................................................ $75.00 Resource Monitor II .............................................................................................................................................. $82.00 Resource Monitor I ............................................................................................................................................... $72.00 Expert Witness ..................................................................................................................................................... $340.00 Project-specific fees for subconsultants, vendors, record searches, County filing fees, Fish and Wildlife Fees and similar items will be billed at actually incurred costs. General and overhead expenses will not be billed to the City. B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 30, 2023 shall not exceed $500,000.00. 5. Special Provisions: 2022/11/08 City Council Post Agenda Page 571 of 719 13 City of Chula Vista Agreement No.: 2022-176 Consultant Name: RECON Environmental, Inc. Rev. 9/15/20 ☒ None 2022/11/08 City Council Post Agenda Page 572 of 719 14 City of Chula Vista Agreement No.: 2022-176 Consultant Name: RECON Environmental, Inc. Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/11/08 City Council Post Agenda Page 573 of 719 15 City of Chula Vista Agreement No.: 2022-176 Consultant Name: RECON Environmental, Inc. Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jay Alvarado 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). 2022/11/08 City Council Post Agenda Page 574 of 719 1 City of Chula Vista Agreement No.: 2022-180 Consultant Name: TRC Engineers, Inc Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH TRC ENGINEERS, INC TO PROVIDE PLANNING SERVICES This Agreement is entered into effective as of December 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and TRC Engineers, Inc, a California Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide engineering consulting services; and WHEREAS, City advertised for competitive requests for qualifications for said services; and WHEREAS, after reviewing submitted responses, Consultant was chosen as one of five of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/11/08 City Council Post Agenda Page 575 of 719 2 City of Chula Vista Agreement No.: 2022-180 Consultant Name: TRC Engineers, Inc Rev. 9/15/20 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additi onal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/11/08 City Council Post Agenda Page 576 of 719 3 City of Chula Vista Agreement No.: 2022-180 Consultant Name: TRC Engineers, Inc Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/11/08 City Council Post Agenda Page 577 of 719 4 City of Chula Vista Agreement No.: 2022-180 Consultant Name: TRC Engineers, Inc Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/11/08 City Council Post Agenda Page 578 of 719 5 City of Chula Vista Agreement No.: 2022-180 Consultant Name: TRC Engineers, Inc Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity 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. 2022/11/08 City Council Post Agenda Page 579 of 719 6 City of Chula Vista Agreement No.: 2022-180 Consultant Name: TRC Engineers, Inc Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/11/08 City Council Post Agenda Page 580 of 719 7 City of Chula Vista Agreement No.: 2022-180 Consultant Name: TRC Engineers, Inc Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/11/08 City Council Post Agenda Page 581 of 719 8 City of Chula Vista Agreement No.: 2022-180 Consultant Name: TRC Engineers, Inc Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/11/08 City Council Post Agenda Page 582 of 719 9 City of Chula Vista Agreement No.: 2022-180 Consultant Name: TRC Engineers, Inc Rev. 9/15/20 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/11/08 City Council Post Agenda Page 583 of 719 10 City of Chula Vista Agreement No.: 2022-180 Consultant Name: TRC Engineers, Inc Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. TRC ENGINEERS, INC CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Catherine A. Chappell MARIA V. KACHADOORIAN Vice President CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/11/08 City Council Post Agenda Page 584 of 719 11 City of Chula Vista Agreement No.: 2022-180 Consultant Name: TRC Engineers, Inc Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jay Alvarado City of Chula Vista Development Services Department 276 Fourth Avenue, Chula Vista, CA 91910 619-409-5805 JayAlvarado@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: TRC ENGINEERS, INC 6 Executive Cir, Suite 200, Irvine, CA 92614 916-844-0157 cchappell@trccompanies.com For Legal Notice Copy to: Tena Swart 21 Griffin Road North, Windsor, CT 06095 301.556.1452 tswart@trccompanies.com 2. Required Services A. General Description: The Consultant shall provide professional planning services as requested by the City per Section B, “Detailed Description”. B. Detailed Description: When requested by the City, Consultant shall provide City with planning services. When requested by the City, Consultant shall provide City with review and/or preparation of California Environmental Quality Act (CEQA) technical studies; including biology, air quality/GHG, noise, cultural, and hazards. 2022/11/08 City Council Post Agenda Page 585 of 719 12 City of Chula Vista Agreement No.: 2022-180 Consultant Name: TRC Engineers, Inc Rev. 9/15/20 When requested by the City, Consultant shall provide City with review and/or preparation of historic preservation studies. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2022 and end on November 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Chappell $ 290 Casco $ 195 Koli $ 170 Stenger $ 274 B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 30, 2023 shall not exceed $500,000.00. 5. Special Provisions: ☒ None 2022/11/08 City Council Post Agenda Page 586 of 719 13 City of Chula Vista Agreement No.: 2022-180 Consultant Name: TRC Engineers, Inc Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/11/08 City Council Post Agenda Page 587 of 719 14 City of Chula Vista Agreement No.: 2022-180 Consultant Name: TRC Engineers, Inc Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jay Alvarado 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). 2022/11/08 City Council Post Agenda Page 588 of 719 v . 0 03 P a g e | 1 November 8, 2022 ITEM TITLE Boards and Commissions: Approve Changes to the Structure and Scope of Various City Boards and Commissions and Amend the Municipal Code Accordingly Report Number: 22-0297 Location: No specific geographic location Department: City Manager and City Clerk Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Place an ordinance on first reading to approve revisions to General Rules for City boards and commissions, and the structure and scope of various City boards and commissions, as well as corresponding changes throughout the Municipal Code (First Reading); and adopt a resolution rescinding City Council Policy No. 110-15, “Youth Action Council,” based on City Council feedback from the meeting held October 11, 2022. SUMMARY In response to a City Council referral, City staff conducted a review of the various boards and commissions to determine any overlap in roles and responsibilities and proposed changes to the structure and scope of various City boards and Commissions. The proposed changes were presented to the City Council at the meeting on October 11, 2022, following which the City Council provided feedback and direction to staff. Approval of this item will implement the City Council’s desired changes, with some exceptions, as explained further in the staff report. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under 2022/11/08 City Council Post Agenda Page 589 of 719 P a g e | 2 Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City of Chula Vista currently has 24 boards and commissions made up of community members who volunteer their time and expertise to consult and advise the Mayor, City Council, and City Manager. In response to a City Council referral, City staff conducted a review of the various boards and commissions to determine any overlap in roles and responsibilities and proposed changes to the structure and scope of various City boards and Commissions. The proposed changes were presented to the City Council at the meeting on October 11, 2022. With the City Council’s provided feedback at that meeting, staff has prepared the resolution and ordinance included as part of this item. A summary of the proposed revisions is provided below. SUMMARY OF PROPOSED CHANGES TO SPECIFIC BOARDS AND COMMISSIONS BOARD/COMMISSION PROPOSED CHANGES COMMENTS Commission on Aging Merge duties into the Healthy Chula Vista Advisory Commission Healthy Chula Vista Advisory Commission is proposed to be renamed “Health, Wellness, and Aging Commission,” and additional duties are proposed Growth Management Oversight Commission Sunset the commission Corresponding revisions to CVMC Title 19, Planning and Zoning, are proposed; Measure A Citizens Oversight Committee and Measure P Citizens Oversight Committee sections are revised to eliminate the GMOC Designated Member seats; staff will return with necessary revisions to policy documents at a later date Healthy Chula Vista Advisory Commission Rename “Health, Wellness, and Aging Commission,” add duties and seat qualifications related to older adults; add one youth member Historic Preservation Commission Merge into Planning Commission Corresponding revisions to the Planning Commission are proposed Planning Commission Expand role and duties to incorporate duties related to historic preservation Corresponding revisions to various sections in the code that referred to the Historic Preservation Commission are proposed 2022/11/08 City Council Post Agenda Page 590 of 719 P a g e | 3 BOARD/COMMISSION PROPOSED CHANGES COMMENTS Housing Advisory Commission Rename “Housing and Homelessness Advisory Commission,” expand role and duties to make recommendations on matters related to services, programs, and funding for the City’s unsheltered community International Friendship Commission Merge into Cultural Arts Commission Corresponding duties are proposed to be added to the Cultural Arts Commission Cultural Arts Commission Expand roles and duties to incorporate International Friendship Commission and add one youth member Mobilehome Rent Review Commission No changes recommended at this time Staff will continue to evaluate consolidating the duties of the Mobilehome Rent Review Commission and will return at a later date with recommendations Safety Commission Rename “Traffic Safety Commission” Corresponding revisions to various sections in the code that referred to the Safety Commission are proposed Youth Action Council Sunset the Council Youth members are proposed to be added to: the Board of Library Trustees (1); Health, Wellness, and Aging Commission (1); Cultural Arts Commission (1); Human Relations Commission (1); Parks and Recreation Commission (1); Sustainability Commission (2) Measure A Citizens Oversight Commission Remove one seat for the Growth Management Oversight Commission Total number of seats will be reduced from 12 to 11 Measure P Citizens Oversight Commission Remove Designated Member options for the Growth Management Oversight Commission and Youth Sports Council The number of seats on the Commission will not change; in addition to the GMOC no longer being a Designated Member option, Youth Sports Council is also removed as the organization no longer exists Human Relations Commission Add one youth member Parks and Recreation Commission Add one youth member Sustainability Commission Add two youth members Board of Library Trustees Add one youth member Youth Members/Summary of Proposed Changes to General Rules for Boards and Commissions The general rules for City boards and commissions (Chula Vista Municipal Code chapter 2.25) are revised to include provisions for youth members. Proposed changes establish “Youth Advisory Members” who may 2022/11/08 City Council Post Agenda Page 591 of 719 P a g e | 4 serve as non-voting members on specified boards and commissions. Youth Advisory Members must be between the ages of 16 and 22 at the time of their appointment. They are not required to be registered voters but must be a resident of the City. Youth Advisory Members serve two-year terms with a maximum of two terms. Youth Advisory Members are not entitled to make motions or vote but may offer an advisory opinion on matters considered by the board or commission. The City Council expressed interest in considering allowing newly added youth members to vote. Section 602(d) of the City’s Charter requires all voting members of existing boards and commissions to be qualified electors. One requirement to be a qualified elector is to be at least 18 years of age. Measure K is before the voters in the November 2022 election to amend the City’s charter, including qualifications to serve on boards and commissions. If Measure K passes, voting members under the age of 18 would be permitt ed when approved by City ordinance. Staff recommends adding the youth members as non-voting members at this time and, should Measure K pass, staff could return with an ordinance to update any sections accordingly. Youth Advisory Members are provided for in the membership section of certain boards and commissions. Youth Advisory Members are proposed to be added to Board of Library Trustees (1); Health, Wellness, and Aging Commission (1); Cultural Arts Commission (1); Human Relations Commission (1); Parks and Recreation Commission (1); Sustainability Commission (2). Additional Actions Sections throughout the Municipal Code require corresponding updates to conform provisions to the changed board and commission titles, roles, and duties. Necessary revisions are included in the proposed ordinance. Attachment 1 shows the changes in redline format. The Youth Action Council was established in 2007 by City Council Policy No. 110-15 (Attachment 2). The City Council accepted staff’s recommendation to place youth members on several of the City’s boards and commissions in lieu of having a Youth Action Council. Adoption of the proposed resolution will rescind City Council Policy No. 110-15. The proposed changes would result in 19 currently seated members of City boards and commissions being displaced. The City Clerk’s office will work with affected members in the coming weeks to determine their interest in being considered for appointment to fill a vacancy on another City board or commission. All appointments will be presented to the City Council for consideration, as required by CVMC 2.25.050(D). DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT 2022/11/08 City Council Post Agenda Page 592 of 719 P a g e | 5 Per a 2022 study conducted by the City Clerk of City staff time dedicated to the facilitation of Boards and Commissions, the proposed changes would eliminate about 213 hours of staff time in the current fiscal year dedicated to the Commission on Aging, Growth Management Oversight Commission, Historic Preservation Commission, International Friendship Commission, Mobilehome Rent Review Commission, and Youth Action Council combined. ONGOING FISCAL IMPACT Per a 2022 study conducted by the City Clerk of City staff time dedicated to the facilitation of Boards and Commissions, the proposed changes would eliminate 426 hours of staff time per year dedicated to the Commission on Aging, Growth Management Oversight Commission, Historic Preservation Commission, International Friendship Commission, Mobilehome Rent Review Commission, and Youth Action Council combined. ATTACHMENTS 1. Redline version of the proposed changes to the Municipal Code 2. City Council Policy 110-15: Youth Action Council Staff Contact: Adrianna Hernandez, Special Projects Manager, City Manager’s Office and Kerry Bigelow, City Clerk 2022/11/08 City Council Post Agenda Page 593 of 719 C:\Program Files\eSCRIBE\TEMP\20513526463\20513526463,,,Ordinance - Board and Commission Revisions.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS CHAPTERS AND SECTIONS OF THE CHULA VISTA MUNICIPAL CODE TO REVISE GENERAL RULES FOR BOARDS AND COMMISSIONS AND REVISE CHAPTERS GOVERNING INDIVIDUAL BOARDS AND COMMISSIONS TO AMEND CERTAIN ROLES, RESPONSIBILITIES, AND MEMBERSHIP AND CONSOLIDATE AND REPEAL CERTAIN BOARDS AND COMMISSIONS WHEREAS, in response to a City Council referral made on August 8, 2022, City staff conducted a review of the City’s boards and commissions to determine any overlap in roles and responsibilities and propose changes, including possible consolidation, to improve efficiency and effectiveness; and WHEREAS, staff presented its recommendations and received direction from the City Council at the City Council meeting on October 11, 2022; and WHEREAS, the City Council desires to revise certain general rules for City boards and commissions, as well as the roles, responsibilities, and membership of certain City boards and commissions. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. A. Specified sections of Chapter 2.25 of the Chula Vista Municipal Code are hereby amended as follows: [Sections in Chapter 2.25 that are not specifically listed below remain unchanged.] 2.25.020 Definitions. For purposes of this chapter, the following words are defined: “Board” and “Commission” include boards, commissions, and committees established by the Chula Vista Charter or ordinance. “Brown Act” means the Ralph M. Brown Act, Government Code Section 54950 et seq., commonly referred to as the Brown Act or the California Open Meeting Law. “Entire Voting Membership” or “Entire Membership” means those individuals who have been appointed to, have been sworn in to serve on, have not been removed from, have not vacated their seat on, and who are eligible and entitled to vote as Members of a Board or Commission. It does not include Ex Officio Members or Youth Advisory Members and does not include any seat 2022/11/08 City Council Post Agenda Page 594 of 719 Ordinance Page 2 specified in the Charter provision or ordinance creating the Board or Commission that is unfilled due to a vacancy, pursuant to CVMC 2.25.105. Notwithstanding the foregoing, at least one-half of the voting seats specified in the Charter provision or ordinance creating the Board or Commission must be filled in order for the board or Commission to act. For example, if a seven-Member board has two vacancies, the remaining five voting members constitute the “Entire Membership.” Accordingly, an action that requires a majority vote could be taken if at least three of the voting board members vote in its favor. The City Council intends that this definition clarify the term “Entire Membership” as used in Section 603 of the City Charter. “Ex Officio Members” means the individuals who are appointed by the City Council to serve in an advisory capacity on a Board or Commission, but who are not entitled to vote or to make motions. “Ex Officio Members” do not include City staff who provide information to or sit with a Board or Commission. “Interview” means the process by which applicants are given an opportunity to present themselves to the City Council, or other interview panel, and the City Council or other panel questions and evaluates the applicants. Should an applicant be unable to attend an interview, the Council or panel may elect to consider a letter of interest or interview by other means, such as telephone or video conference, in lieu of an in-person meeting. “Member” means an individual who has been appointed to, has been sworn in to serve on, has not been removed from, and who has not vacated his or her seat on a Board or Commission. “Members” includes Voting Members, Ex Officio Members, and Youth Advisory Members. “Registered Voter” means an individual who is registered to vote in City of Chula Vista elections. “Voting Member” means an individual appointed by the City Council who is entitled to vote and make motions in his or her capacity as a member of a Board or Commission. “Youth Advisory Member” means the individuals who meet the qualifications specified in CVMC 2.25.030(E) and are appointed by the City Council to serve in an advisory capacity on a Board or Commission. Youth Advisory Members are not entitled to make motions or vote but may offer an advisory opinion on matters considered by the Board or Commission. 2.25.030 Membership – Qualifications and eligibility. Member qualifications and eligibility shall be in accordance with Chula Vista Charter Section 602 and this Section: A. An individual is eligible to serve on only one Board or Commission at a time, unless the Member is filling a seat on another Board or Commission that was specifically created to represent the Board or Commission to which he or she was originally appointed. B. A paid officer or employee of the City is not eligible to be appointed to or to serve on a Board or Commission. C. A Member is ineligible to be appointed to another Board or Commission during the first 12 months of his or her term; this prohibition does not apply to appointments to serve as a representative Member on another Board or Commission, pursuant to Subsection (A) of this Section, or to appointments of Members to another Board or Commission when their original Board or Commission was disbanded within the first 12 months of their term. D. The City Council may appoint Ex Officio Members to any Board or Commission because of particular background or experience that the City Council deems will assist a particular Board or 2022/11/08 City Council Post Agenda Page 595 of 719 Ordinance Page 3 Commission in handling a discrete set of issues. Ex Officio Members are not required to be Registered Voters and are subject to term limits as described in the Charter and CVMC 2.25.080 and 2.25.100. Ex Officio Members are not entitled to vote or to make motions. E. The City Council may appoint Youth Advisory Members to Boards and Commissions as those seats are provided for in the Membership section of individual board and Commission chapters in this Code. Youth Advisory Members shall be between the ages of 16 and 22 years old at the time of their appointment, and are not required to be Registered Voters, but shall be a resident in the City and maintain that status throughout their tenure. Youth Advisory Members are subject to term limits as described in CVMC 2.25.080 and 2.25.100. 2.25.050 Membership – Applications and appointments – General. A. The City Clerk shall maintain applications for prospective membership on Boards and Commissions for a period of one year from the date of application. The application shall provide a place for an individual to state the reasons he or she seeks appointment to a particular Board or Commission and his or her qualifications for service on a particular Board or Commission. B. An individual who has submitted an application for appointment as a Voting Member, Ex Officio, or Youth Advisory Member of any Board or Commission may be interviewed as part of the nomination and selection process. C. If a vacancy occurs on any Board or Commission within one year of interviews being conducted for that Board or Commission, interviews are not required if all of the following criteria are met: (1) the vacancy was properly noticed and new applications solicited; (2) no new, qualified applications were received; (3) one or more qualified applicants from the original interviews remain eligible and interested in being appointed; and (4) the appointment process for the Board or Commission does not specifically prohibit this subsection. D. Members of each board and commission shall be appointed by at least three affirmative votes of the City Council. 2.25.060 Membership – Oath of office – Effective date of taking office. The City Clerk or his or her designee shall administer the oath of office to newly appointed Voting Members, Ex Officio Members, and Youth Advisory Members. Newly appointed Members must take the oath of office before they may participate or vote as a Member of the Board or Commission to which they have been appointed. Members assume their office on the date they take the oath of office. 2.25.080 Membership – Terms – Standard term of office – Holdover office. A. The standard term of office for Board and Commission Members, other than Youth Advisory Members, is four years. The standard term begins July 1st and ends June 30th four years later. B. The standard term of office for Youth Advisory Members is two years. The standard term begins July 1st and ends June 30th two years later. C. At the end of any Member’s term, they shall be permitted to continue to exercise the privileges of their former office until the office is filled by the appointment of a qualified successor. 2022/11/08 City Council Post Agenda Page 596 of 719 Ordinance Page 4 2.25.100 Membership – Terms – Filling unexpired terms. A. Voting Member and Ex Officio Member terms shall be in accordance with Chula Vista Charter Section 602 and this Subsection A: 1. A Voting Member who currently sits on a particular Board or Commission may not be appointed to fill the unexpired term of another Voting Member’s vacated seat on that same Board or Commission. An individual who currently sits as an Ex Officio Member or a Youth Advisory Member of a Board or Commission may be appointed to fill the unexpired term of a Voting Member’s vacated seat on the same Board or Commission if the Ex Officio Member or Youth Advisory Member meets the eligibility criteria for voting membership. The appointment process shall be the same as provided for in the applicable membership section for the Board or Commission. 2. For purposes of determining whether the unexpired term of a vacated seat is less than, more than, or equals two years, the starting date of the unexpired term shall be the date the new appointee takes the oath of office, and the end date of the unexpired term shall be the expiration date of the vacating Member’s term of office. B. Youth Advisory Member terms shall be in accordance with this Subsection B: 1. Youth Advisory Members shall be limited to a maximum of two consecutive terms; provided, further, that for the purpose of this Section, an appointment to fill an initial term or an unexpired term of less than one year in duration shall not be considered as a term; however, any appointment to fill an initial term or an unexpired term in excess of one year shall be considered to be a full term. 2. For purposes of determining whether the unexpired term of a vacated seat is less than, more than, or equal to one year, the starting date of the unexpired term shall be the date the new appointee takes the oath of office, and the end date of the unexpired term shall be the expiration date of the vacating Member’s term of office. 2.25.130 Code of ethics. Voting Members, Ex Officio Members, and Youth Advisory Members of Boards and Commissions are public officials and, therefore, act as agents for the public’s purpose and hold office for the public’s benefit. As public officials, they are bound to uphold the law, observe in their official acts a high standard of morality and discharge faithfully the duties of their office, recognizing that the public interest must be a primary concern. Members of Boards and Commissions are expected to conform to the City’s code of ethics, found in Chapter 2.01 CVMC. If a Board or Commission Member is in doubt about whether the code of ethics applies to a particular situation, the Member may request in writing an advisory opinion from the Board of Ethics. 2.25.150 Conflicts of interest – Recusal from discussion and voting. A. Voting Members, Ex Officio Members, and Youth Advisory Members who are 18 years of age or older of certain Boards and Commissions may be required to file statements of economic interest as determined in the City’s conflict of interest code. The City Clerk will notify Members who are required to file the statements. 2022/11/08 City Council Post Agenda Page 597 of 719 Ordinance Page 5 B. The state’s Political Reform Act and the City’s conflict of interest code state that no person shall make or participate in the making of a governmental decision that he or she knows, or has reason to know, will have a reasonably foreseeable material financial effect on him or her distinguishable from its effect on the public generally. The Political Reform Act and implementing regulations require a public official diligently to monitor his or her business interests, real property, sources of income, gifts, and personal finances to ensure that he or she does not participate in an action in which he or she has a conflict of interest. C. When a Member has a conflict of interest, or the appearance of a conflict of interest, he or she must publicly state the nature of the conflict. Unless the item is on the consent calendar, the Member must step down from the dais or table and leave the room until consideration of the particular item is finished. Additionally, the disqualified Member may not be counted toward achieving a quorum while the item is being discussed. A Member may consult the City Attorney if he or she has a question about whether or not a conflict exists and whether or not he or she should disqualify himself or herself from discussing or voting on an issue. 2.25.260 Operations – Staff support. A. Pursuant to City Charter Section 603, the City Manager shall appoint a staff person to serve as secretary to each board and commission. In addition to other duties specified in this chapter, the secretary is responsible for finalizing resolutions and performing other administrative duties, as necessary. B. The City Manager may make available other staff and clerical support as requested by a Board or Commission to fulfill its functions and duties, provided such staff and clerical support are available. C. Staff persons assigned to assist Boards and Commissions shall not be considered Voting Members, Ex Officio Members, or Youth Advisory Members of those Boards and Commissions.. B. Section 2.32.060 of the Chula Vista Municipal Code is hereby amended as follows: 2.32.060 Membership. The Sustainability Commission shall consist of seven Voting Members and two Youth Advisory Members, to be appointed in accordance with Article VI of the City Charter and Chapter 2.25 CVMC. C. Specified sections of Chapter 2.33 of the Chula Vista Municipal Code are hereby amended as follows: [Sections in Chapter 2.33 that are not specifically listed below remain unchanged.] 2.33.020 Purpose and intent. It is the purpose and intent of the City Council in establishing the Cultural Arts Commission to create an advisory body to serve as a resource to advise and make recommendations to the City Council and the City Manager on cultural arts issues citywide, as well as exchanges and activities with the City and its sister cities. The focused efforts of the Cultural Arts Commission will be to identify cultural arts needs and issues. 2022/11/08 City Council Post Agenda Page 598 of 719 Ordinance Page 6 The purpose of the Commission is to focus community energies and resources on developing a highly visible City with a cultural arts personality and to develop, support, and nurture those ideas that expand and enrich arts and cultural opportunities for the entire community in addition to promoting cultural exchanges and activities on the basis of mutual friendship and amity between the City and its sister cities. 2.33.030 Functions and duties. The functions and duties of the Cultural Arts Commission shall be as follows: A. Encourage the preservation of Chula Vista’s cultural heritage and the creation of an atmosphere – a Chula Vista image – in which our citizens could take pride and have increased stature. B. Help coordinate and marshal support for the arts. C. Encourage the provision of cultural and artistic facilities and features in public and commercial construction. D. Formulate recommendations for a City arts program, including funding mechanisms, criteria for the selection and placement of public art, procedures for review plans, and guidelines to carry out a City arts program. E. Regularly assess, review and update recommended goals and long-range plans for the City; and regularly solicit public input on the arts. F. Encourage the development of arts and cultural programs for the youth of Chula Vista. G. Promote the creation of a cultural environment to attract visitors and economic development. The Commission, by having a definite focus and by demonstrating a high degree of commitment to the arts, can conduct strategic long-range planning to help reach these goals. H. Make recommendations for cultural exchanges and activities that are virtual and/or accessible on the basis of mutual friendship and amity between the City and its sister cities. I. The Commission may develop guidelines for consideration during the application and appointment processes for new Members, which may include relevant questions to be included on the application, recommended considerations when making an appointment, and definitions of terms referenced in CVMC 2.33.040, related to the qualifications of Members. 2.33.040 Membership. A. The Cultural Arts Commission shall consist of nine Voting Members and one Youth Advisory Member who represent a diversity of backgrounds, to be nominated and appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. 1. All nine Voting Members shall demonstrate competence, knowledge and experience in cultural arts; and a minimum of six Members shall be appointed from among artists, educators, and those with professional qualifications and experience in disciplines of arts and culture, including the performing arts, fine arts, culinary arts, media arts or related arts disciplines. 2022/11/08 City Council Post Agenda Page 599 of 719 Ordinance Page 7 2. The Cultural Arts Commission may recommend guidelines to be used during the application and appointment processes, which may include relevant questions to be included on the application, a checklist of qualifications, and definitions of terms referenced in this Section, related to the qualifications of Members. 3. When a vacancy occurs on the Cultural Arts Commission, the City Clerk shall forward applications received for the vacant position to the Mayor and Cultural Arts Manager or other staff assigned to the Cultural Arts Commission. 4. Throughout the review of applications, selection of applicants to be Interviewed and Interviews of selected applicants, the Mayor shall consider guidelines developed by the Cultural Arts Commission, as well as recommendations for interviews or appointments that may be made by the Cultural Arts Commission, City Councilmembers, and the Cultural Arts Manager or other staff assigned to the Cultural Arts Commission. 5. The Mayor shall review the forwarded applications and select applicants to be Interviewed. The Mayor shall Interview selected applicants and provide the opportunity for the Cultural Arts Manager or other staff assigned to the Cultural Arts Commission to attend and assist with the interviews. The Mayor shall make nominations for appointment, subject to the City Council’s approval. D. Specified sections of Chapter 2.35 of the Chula Vista Municipal Code are hereby amended as follows: [Sections in Chapter 2.35 that are not specifically listed below remain unchanged.] Chapter 2.35 – HOUSING AND HOMELESSNESS ADVISORY COMMISSION 2.35.010 Creation. There is hereby created a Housing and Homelessness Advisory Commission, in accordance with the City Charter and with Section 34291 of the California Health and Safety Code. The provisions of Article VI of the City Charter, Chapter 2.25 CVMC and this chapter shall govern this Commission. 2.35.020 Purpose and intent. It is the purpose and intent of the City Council, in establishing the Commission, to create an advisory and coordinating body which is to serve as a resource, to advise and to make recommendations to the Housing Authority, Successor Agency to the Redevelopment Agency, City Council, and City Manager on housing issues and opportunities that would benefit the community, including matters related to services, programs, and funding for the City’s unsheltered community. 2.35.030 Functions and duties. The functions and duties of the Housing and Homelessness Advisory Commission shall be as follows: A. Serve as an advisory body to the Housing Authority, City Council, Successor Agency to the Redevelopment Agency, and City Manager. 2022/11/08 City Council Post Agenda Page 600 of 719 Ordinance Page 8 B. Periodically assess the housing needs of the residents of Chula Vista and review housing policies and strategies, including the Housing Element of the General Plan, and to make recommendations to improve said policies and strategies to address identified community housing needs. C. Review and make recommendations on all matters to come before the Housing Authority, except emergency matters and matters which the Housing Authority, by resolution, excludes from its review. D. Review all proposed affordable housing projects to be assisted with public funds or incentives and make recommendations concerning said projects. E. Review all affordable housing projects proposed under the City’s affordable housing program and related development agreements and make recommendations concerning said projects. F. Consider and make recommendations on matters related to services, programs, and funding for the City’s unsheltered community. G. Review ongoing housing programs of the Housing Authority, City, and Successor Agency to the Redevelopment Agency and make recommendations for improvement thereof, including efforts to publicize the availability of housing opportunities to City residents. H. Perform such others functions or duties as may be delegated by the Housing Authority. 2.35.040 Membership. A. The Housing and Homelessness Advisory Commission shall consist of seven Voting Members and up to two Ex Officio Members, to be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. B. The Voting Members shall be appointed according to the following specifications: Three Members shall have expertise and experience in at least one of the following fields: lending, urban planning, real estate development, and real estate brokerage; two Members shall be appointed as representatives of tenants of the Housing Authority, and shall, at the time of their appointments and throughout their terms, reside in assisted housing or receive Section 8 rental housing assistance from the Housing Authority; one of these two Members shall be 62 years of age or older; and two Members shall be residents of the City at large, and shall, throughout their terms, maintain their residency and elector status. E. Section 2.36.040 of the Chula Vista Municipal Code is hereby amended as follows: 2.36.040 Membership. A. The Human Relations Commission shall consist of 11 Voting Members and one Youth Advisory Member, to be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. B. The Members shall be: (1) representative of the diversity of the City; (2) specifically chosen to reflect the interests and concern with protection of civil liberties of all people which make up the City’s residents; (3) committed to fostering better human relations in the City of Chula Vista; and (4) associated with the business and/or civic activities of the City. 2022/11/08 City Council Post Agenda Page 601 of 719 Ordinance Page 9 F. Chapter 2.37, Commission on Aging, is hereby repealed in its entirety. G. Chapter 2.38, International Friendship Commission, is hereby repealed in its entirety. H. Chapter 2.40, Growth Management Oversight Commission, is hereby repealed in its entirety. I. Section 2.41.040 of the Chula Vista Municipal Code is hereby amended as follows: 2.41.040 Membership. A. The Parks and Recreation Commission shall consist of seven Voting Members and one Youth Advisory Member appointed by the City Council in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. 1. Three voting seats shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). 2. The four remaining voting seats are nominated by a particular Council district seat and appointed in accordance with the district based appointment process specified in CVMC 2.25.052(C). Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. 3. The Youth Advisory Member shall meet the qualifications of specified in CVMC 2.25.030(E) and shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). B. In the event the City Council contracts with other agencies interested in recreation and parks for joint exercise of any functions, the contract may provide that the other agencies may have representation on the Commission during the term of the contract J. Section 2.42.015 of the Chula Vista Municipal Code is hereby added as follows: 2.42.015 Purpose and Intent. The purpose of this chapter is to supplement City Charter Section 605, establishing the Planning Commission and setting forth its powers and duties. It is the intent of the City Council that the Planning Commission shall additionally meet the certified local government requirements, as defined by the national Historic Preservation Act, and serve as the authority on historic preservation matters and advise the Council and other City Boards and Commissions, as needed, on historic preservation matters, as is mandated by CVMC Title 21, Historic Preservation. If there is any conflict between this chapter and the Charter, the Charter shall govern. K. Section 2.42.020 of the Chula Vista Municipal Code is hereby amended as follows: 2.42.020 Functions and duties. A. In accordance with Charter Section 606, the Planning Commission shall have the power and duty to: 2022/11/08 City Council Post Agenda Page 602 of 719 Ordinance Page 10 1. Recommend to the City Council, after a public hearing, the adoption, amendment, or repeal of a Master Plan or any part thereof for the physical development of the City. 2. Exercise such functions with respect to land subdivisions, planning and zoning as may be prescribed by ordinance. B. Additionally, the Planning Commission shall have the power and duty, in accordance with CVMC 21.02.030 to: 1. Approve Major Certificates of Appropriateness and Historic Designations. 2. Uphold the goals and policies of the General Plan related to historic preservation. 3. Carry out the purpose and intent of CVMC Title 21, Historic Preservation. 4. Assist staff in the development and maintenance of a certified historic preservation program that carries out the provisions of the certified local government program. 5. Approve designations of historical resources to the City of Chula Vista Register of Historical Resources. 6. Recommend to City Council delistings from the City of Chula Vista Register of Historical Resources. 7. Grant or deny applications for permits for major alterations of historical resources. 8. Grant or deny appeals from decisions of the Zoning Administrator for applications of minor alterations of historical resources. 9. Make recommendations to City Council on applications for participation in City approved historic preservation incentive programs including but not limited to the Mills Act Property Tax Abatement Program. 10. Advise the City Council and other boards, commissions and committees as necessary on historic preservation issues. 11. Perform other functions as appropriate to safeguard the City’s historic, aesthetic, social, economic, political, and architectural past. L. Specified sections of Chapter 2.44 of the Chula Vista Municipal Code are hereby amended as follows: [Sections in Chapter 2.44 that are not specifically listed below remain unchanged.] Chapter 2.44 – TRAFFIC SAFETY COMMISSION 2.44.010 Creation. There is created and established the Traffic Safety Commission. The provisions of Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter shall govern this Commission. 2022/11/08 City Council Post Agenda Page 603 of 719 Ordinance Page 11 2.44.020 Functions and duties. The duties of the Traffic Safety Commission shall be to conceive and develop ideas or suggestions that would specifically or generally contribute to the improvement of personal or property safety within the City area, receive and process such ideas from any individual or groups of individuals, and after such suggestions have been given careful consideration and study by Members, both individually and collectively, make appropriate recommendations, by resolution, to the City Council. All recommendations shall be considered and acted upon favorably or unfavorably. The scope of the operations of the Commission may embrace any hazardous condition, whether it be physical or material, that would jeopardize human safety, or cause damage to property both within and outside the home or industry; provided, however, that the basic function of the Commission shall be related to matters of vehicular or pedestrian traffic safety within the public rights-of-way in the City and safety hazards that may exist on or about publicly owned land and facilities. 2.44.030 Membership. The Traffic Safety Commission shall consist of seven Members who shall be appointed in accordance with Article VI of the City Charter and Chapter 2.25 CVMC. M. Section 2.45.040 of the Chula Vista Municipal Code is hereby amended as follows: 2.45.040 Membership. The Board of Library Trustees shall consist of five Voting Members appointed by the City Council from the Registered Voters of the City and one Youth Advisory Member. The City Council may change the number of Members comprising the Board by ordinance. N. Specified sections of Chapter 2.47 of the Chula Vista Municipal Code are hereby amended as follows: [Sections in Chapter 2.47 that are not specifically listed below remain unchanged.] Chapter 2.47 – HEALTH, WELLNESS, AND AGING COMMISSION 2.47.010 Creation. The Health, Wellness, and Aging Commission, originally named the Healthy Chula Vista Advisory Commission, was created as a result of the Healthy Chula Vista Action Plan adopted January 5, 2016. The Healthy Chula Vista Advisory Commission was combined with the Commission on Aging in 2022 to create a comprehensive advisory body that incorporated health, wellness, and aging matters. The general rules governing Boards and Commissions set forth in Chapter 2.25 CVMC shall govern the Health, Wellness, and Aging Commission, except as specifically provided below. 2.47.020 Purpose and intent. It is the purpose and intent of the City Council, in establishing the Commission, to create an advisory and coordinating body which is to serve as a resource to advise and to make recommendations to the City Council and City Manager on health, wellness-, and aging-related policies and opportunities, including the General Plan, Healthy Chula Vista Action Plan, and 2022/11/08 City Council Post Agenda Page 604 of 719 Ordinance Page 12 Age-Friendly Action Plan that would benefit the community, as well as provide a forum for older adults and the community to bring forward public health and aging matters. 2.47.030 Functions and duties. The functions and duties of the Health, Wellness, and Aging Commission shall be as follows: A. Serve as an advisory body to the City Council and City Manager. B. Periodically assess the health, wellness, and aging needs of the residents of Chula Vista and review health-, wellness-, and aging-related policies and strategies, including the General Plan, Healthy Chula Vista Action Plan, and Age-Friendly Action Plan, to make recommendations to improve said plans to address identified community health, wellness, and aging needs. C. Serve as a forum for older adults and the community to bring forward public health and aging matters. D. Perform such others functions or duties as may be delegated by the City Council. 2.47.040 Membership. A. The Health, Wellness, and Aging Commission shall consist of nine Voting Members and one Youth Advisory Member, to be nominated and appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. 1. Five Voting Members shall have expertise and experience in at least one of the focus areas of the Healthy Chula Vista Action Plan or the Age-Friendly Action Plan: land use, transportation, nutrition, health care, physical activity, environment, and/or older adults. These Members shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). 2. The four remaining Voting Members shall be nominated by a particular Council district seat and appointed in accordance with the district based appointment process specified in CVMC 2.25.052(C). Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. 3. The Youth Advisory Member shall meet the qualifications of specified in CVMC 2.25.030(E) and shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). O. Chapter 2.49, Historic Preservation Commission, is hereby repealed in its entirety. P. Section 2.61.050 of the Chula Vista Municipal Code is hereby amended as follows: 2.61.050 Composition – Qualifications – Nomination. A. Members. The COC shall be comprised of nine Members, each with equal rights and standing to act and vote on COC matters. B. Qualifications Applicable to All Members. Per Charter Section 602(d), all COC Members must be qualified electors of the City. A “qualified elector” of the City is a City resident that is qualified and registered to vote as a City resident. COC Members must be qualified electors at the 2022/11/08 City Council Post Agenda Page 605 of 719 Ordinance Page 13 time they apply and must maintain such status throughout their tenure. No COC Member may be a current City employee or current elected City official per the requirements of Measure P (CVMC 3.33.160(D)). C. Designated Members. Four of the total nine COC Members shall be nominated, apply, and serve as “Designated Members.” Designated Members shall be nominated, one each, by the following nominating authorities (each a “nominating authority,” collectively the “nominating authorities”), subject to the additional membership qualifications, if any, specified for each: 1. Chula Vista Chamber of Commerce; nominee(s) must have expertise and experience in at least one of the following areas: accounting, finance, engineering, or a related discipline (including construction); 2. San Diego County Taxpayers Association; nominee(s) must have expertise and experience in at least one of the following areas: accounting, finance, engineering, or a related discipline (including construction); 3. Chula Vista Parks and Recreation Commission; nominee(s) must be from this Commission; 4. Sustainability Commission (formerly known as the Resource Conservation Commission); nominee(s) must be from this Commission; 5. San Diego and Imperial Counties Labor Council; 6. Alliance of Californians for Community Empowerment, San Diego branch. D. Designated Member Appointment Process. Designated Members shall be appointed in accordance with the Designated Member appointment process identified below. 1. When a vacancy occurs, Designated Members shall be selected for nomination by the nominating authorities specified in Subsection (C) of this Section that do not have a Designated Member appointed to the COC (each an “unrepresented nominating authority,” collectively the “unrepresented nominating authorities”) at the time the vacancy occurs. If any of the unrepresented nominating authorities declines to exercise their nominating authority in a timely fashion, or if any ceases to function or exist, that party’s nominating authority may pass to a substantially similar organization if approved by the City Council. 2. Unrepresented nominating authorities shall submit the name and contact information for their nominee (“Designated Nominee”) to the City Clerk on a form prescribed by the City Clerk. The City Clerk shall provide each Designated Nominee with instructions to complete and submit the application to the City Clerk within a specified time period. Completed applications timely received by the City Clerk shall be forwarded to the Mayor. 3. The Mayor shall Interview all Designated Nominee who timely complete applications, and thereafter may make nominations for appointment as provided in Subsection (D)(4) of this Section, subject to the City Council’s approval. 4. After completing Interviews in accordance with Subsection (D)(3) of this Section, the Mayor may make a nomination to the City Council or may reject the proposed nomination. If the Mayor rejects a proposed nomination, the Mayor may request additional submittal for a 2022/11/08 City Council Post Agenda Page 606 of 719 Ordinance Page 14 Designated Nominee. Once rejected, a Designated Nominee may not be resubmitted for the term at issue, but may be submitted for consideration for future terms. E. At-Large Members. Five of the total nine COC Members shall apply and serve as representatives of the City “at-large.” Expertise and experience in accounting, finance, engineering, or a related discipline (including construction) is desirable but is not required. At- large Members shall be comprised of the following: 1. One Member may be a resident of any one of the four districts and shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). 2. The four remaining Members shall be nominated by a particular Council district seat and appointed in accordance with the district-based appointment process specified in CVMC 2.25.052(C). Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. Q. Specified sections of Chapter 2.63 of the Chula Vista Municipal Code are hereby amended as follows: [Sections in Chapter 2.63 that are not specifically listed below remain unchanged.] 2.63.050 Composition – Qualifications – Nomination. A. Members. The COC shall be comprised of 11 Members, each with equal rights and standing to act and vote on COC matters. B. Qualifications Applicable to All Members. Per Charter Section 602(d), all COC Members must be qualified electors of the City. A “qualified elector” of the City is a City resident that is qualified and registered to vote as a City resident. COC Members must be qualified electors at the time they apply and must maintain such status throughout their tenure. C. Designated Members. Seven of the total 11 COC members shall be nominated, apply and serve as “Designated Members.” Designated Members shall be nominated, one each, by the following nominating authorities (each a “Nominating Authority,” collectively the “Nominating Authorities”), subject to the additional membership qualifications, if any, specified for each: 1. Chula Vista Chamber of Commerce; nominee(s) must be a member of the Chamber; 2. Chula Vista Police Officers Association (POA); nominee(s) must be an active member of this association; 3. Chula Vista International Association of Fire Fighters (IAFF); nominee(s) must be an active member of this association; 4. Association of Chula Vista Employees (ACE); nominee(s) must be an active member of this association; 5. Chula Vista Fire Chief; 6. Chula Vista Police Chief; 2022/11/08 City Council Post Agenda Page 607 of 719 Ordinance Page 15 7. Chula Vista Middle Managers/Professional Employee Group (MM/PROF). Designated Members shall be appointed in accordance with the Designated Member appointment process specified in CVMC 2.25.052(D). D. At-Large Members. Four of the total 12 COC Members shall apply and serve as representatives of the City “at-large.” At-large Members shall be comprised of one resident from each of the four City Council districts and shall be nominated by a particular Council district seat and appointed in accordance with the district based appointment process specified in CVMC 2.25.052(C). Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. 2.63.110 Dissolution date. The COC may be disbanded following the implementation of “Phase I” critical needs, as reported in the Intended Public Safety Expenditure Plan and if the City Council elects to disband the COC a citizens’ group or committee designated by the City Council, shall be responsible for reporting to the City Council, in a manner determined by the City Council, regarding the collections and expenditure of Measure A revenues and the resulting impacts on public safety. R. Section 3.34.160 of the Chula Vista Municipal Code is hereby amended as follows: 3.34.160 Citizens’ oversight and accountability. In order to provide for citizens’ oversight, transparency and accountability in connection with expenditures of tax revenues generated under the terms of this chapter, the City shall do the following: A. Line Item Accounting. All revenue generated by the tax (“Measure A revenues”) shall be accounted in the general fund as a separate line item entitled “Local Transactions and Use Tax – Measure ‘A’ Revenues.” Measure A revenues and expenditures will be tracked and accounted for by City Finance Department staff in accordance with generally accepted accounting principles (GAAP), and presented annually in a report (the “Finance Department Report”) to the Citizens’ Oversight Committee (“COC”) created pursuant to Subsection (D) of this Section. B. Annual Submittal of Measure A Public Safety Expenditure Plan. If Measure ‘A’ is approved by the voters, beginning in fiscal year 2018-2019, and for each subsequent year, prior to City Council consideration of the City’s annual budget, City staff will prepare and present to the COC for its review a spending plan for the Measure ‘A’ Revenues. Such plan (the “Measure ‘A’ Spending Plan”) shall be (1) consistent with the City Council Intended Public Safety Expenditure Plan approved concurrently with the ordinance codified in this chapter; (2) include specific proposals for near term expenditures; and (3) a plan for expenditures for the next 10 years to address the “Phase I” critical needs described therein. After review by the COC, the Measure ‘A’ Spending Plan for the upcoming fiscal year shall be incorporated into the City Manager’s proposed budget, and then presented to the City Council for its consideration and action, in its discretion, as part of the City’s annual budget process. The City Council must consider for approval the expenditure of projected Measure ‘A’ revenues as a separate line item category in each year’s budget. The COC’s duties under this Section shall continue until and unless the City Council appoints another commission, committee, or group to be responsible for reporting to the City Council, pursuant to Subsection (D) of this Section. 2022/11/08 City Council Post Agenda Page 608 of 719 Ordinance Page 16 C. Annual, Independent Audit. Beginning with the fiscal year 2018-2019, the City’s independent auditors shall, as part of their annual audit of the City’s financial statements, review the collection and expenditure of Measure ‘A’ revenues. D. Measure A Oversight Committee. Prior to the Operative Date, the City shall create and convene a Citizens’ Oversight Committee (“COC”). The function of the COC shall be to review and report on City compliance with the terms of this chapter and the spending guidelines contained in the City Council Intended Public Safety Expenditure Plan and each Measure A Spending Plan presented to and approved by the City Council thereafter. The COC shall operate in accordance with the Ralph M. Brown Act, which includes requirements that meetings be noticed in advance and held in public. The COC shall be created by City Council ordinance consistent with the terms of this section adopted no later than 150 days following the date of the election at which Measure A is approved by the voters. The COC may be disbanded following the implementation of “Phase I” critical needs, as reported in the Intended Public Safety Expenditure Plan. If the City Council elects to disband the COC, an appropriate alternative citizens’ group or committee designated by the City Council, shall be responsible for reporting to the City Council, in a manner to be determined by the City Council, regarding the collection and expenditure of Measure A Revenues and the resulting impacts on public safety. S. Specified sections of Chapter 10.04 of the Chula Vista Municipal Code are hereby amended as follows: [Sections in Chapter 10.04 that are not specifically listed below remain unchanged.] 10.04.020 Intent and purpose of provisions. A. It is the purpose and intent of the City Council in adopting this title to provide a convenient compilation of the rules and regulations governing and controlling the movement of motor vehicles and traffic in Chula Vista. These rules and regulations are further intended to supplement the regulations contained in the Vehicle Code of the state of California in those instances where the subject matter is not covered by state traffic laws, and to adopt local regulations where express power is granted to local authorities to control particular subject matter. It is the purpose of this title to provide standards and guidelines for the administration of motor vehicles and traffic regulations for those departments charged with such responsibility in the City. Certain definitions and regulations contained herein incorporate the exact language of the Vehicle Code of the state of California and should be cited with reference to the code sections of the Vehicle Code as indicated. If any definitions or regulations are not contained herein, or if definitions or regulations contained herein are inconsistent with the Vehicle Code, such definitions or regulations as found in the Vehicle Code as it exists or as it may be amended shall apply. B. It is further the purpose and intent of the City Council by enacting Ordinance 2670, which amends CVMC Title 10 to delegate to the City Engineer the responsibility and authority to adopt and promulgate traffic and parking control measures pursuant to the standards promulgated by the California Vehicle Code and the California Department of Transportation (Caltrans) Traffic Manual, with the concurrence of the Traffic Safety Commission, that such enactment and process constitute the enactment of an ordinance or resolution when required by the language of certain sections within Division 11 of the California Vehicle Code, through which traffic and parking control is to be exercised and effected within the jurisdictional limits of the City of Chula Vista. C. It is further the intent of the City Council, and it is hereby so authorized, that the City Engineer, upon the concurrence of the Traffic Safety Commission pursuant to CVMC 10.04.030, 2022/11/08 City Council Post Agenda Page 609 of 719 Ordinance Page 17 shall have the power and authority to adopt, amend, alter or modify any regulation, as defined by CVMC 10.08.195, which creates or establishes a traffic or parking control measure. Where a traffic or parking control measure has been previously adopted by ordinance or resolution of the City Council, that regulation may be hereafter modified or abrogated by the City Engineer pursuant to the process outlined in CVMC 10.04.030. 10.04.030 Regulation and maintenance of schedules of streets and zones subject to regulatory provisions. A. Subject to Subsection (G) of this Section, the City Council, at the concurrence of the City Manager, hereby delegates the authority and responsibility to establish and maintain vehicular and pedestrian traffic and parking control measures, standards and requirements in the public right-of-way to the City Engineer after review by the Traffic Safety Commission, unless, on affirmative vote of the majority of the membership of the Traffic Safety Commission, the Commission objects to the proposed action by the City Engineer, in which case the matter shall be referred to the City Council, and the authority as to such matters shall thereafter be revested in the City Council to be exercised upon the affirmative vote of at least three members of the City Council. B. The Traffic Safety Commission may not initiate or order the implementation of a traffic control measure, but may recommend to the City Engineer the consideration of a proposed traffic or parking control measure. If the City Engineer declines to implement a traffic or parking control measure recommended by the Traffic Safety Commission, the Traffic Safety Commission may refer the matter to the City Council, and following such referral, the authority to implement or order the particular traffic safety measure recommended by the Traffic Safety Commission shall be vested in the City Council. C. The Traffic Safety Commission shall utilize the standards and procedures established in the California Vehicle Code and the State of California Manual on Uniform Traffic Control Devices (CA MUTCD) in its deliberations and recommendations, but may base its recommendations to the City Engineer, or City Council when applicable, upon other matters of public policy affecting traffic safety. D. The City Engineer shall exercise the responsibility and authority hereby delegated for the determination, design, administration and enforcement of traffic and parking control measures and installation of devices consistent with the standards and warrants contained in the latest effective edition of the State of California Traffic Manual as amended, a copy of which is on file in the office of the City Engineer. The City Engineer shall promptly file any amendments to or later editions of the State of California Manual on Uniform Traffic Control Devices (CA MUTCD) or successor manuals promulgated by the state of California pursuant to the authority of the California Vehicle Code and, upon filing, those standards will become applicable to the determinations and regulations adopted by the City Engineer. E. Except as provided in CVMC 10.52.070, no traffic control measure or parking control measure shall be enforceable, nor shall a violation be punishable, until an appropriate traffic control device or parking control device meeting the standards prescribed in Subsection (D) of this Section is posted or installed. Posting or installation shall be prima facie evidence of the legality of any traffic control measure or parking control measure adopted under this title. F. Administration and maintenance of records by the City Engineer shall be as follows: 2022/11/08 City Council Post Agenda Page 610 of 719 Ordinance Page 18 1. The City Engineer shall maintain all regulations under this title and provide the Chief of Police copies of all administrative interpretations and determinations made pursuant to this Section which govern the installation and administration of traffic control measures and parking control measures in the City of Chula Vista. 2. The City Engineer shall maintain a register of all schedules which establish parking and traffic control measures for streets within the City, and shall incorporate into those schedules the streets, zones and intersections and restrictions or limitations previously listed in Schedules I through XVI as were previously codified in this title prior to their repeal by Ordinance 2670. The repeal or amendment of those sections by Ordinance 2670 is intended to merely delete reference to the street designations within the text of the Municipal Code. Parking and traffic control measures upon those streets, zones and intersections shall be administered by the City Engineer pursuant to this Section. G. Exceptions. The City Council reserves the right to enact ordinances and resolutions, and the City Engineer shall make recommendations to the Council, as appropriate, on the following matters: 1. Traffic control measures budgeted by the City as a capital improvement project budget. 2. Regulations adopted pursuant to California Vehicle Code Section 21101(a) and (c). 3. Traffic control measures affecting community businesses, and having an impact on the availability of parking within business districts including, but not limited to, angle parking and installation of parking meters. 4. Parking and traffic regulations on private property and roads pursuant to California Vehicle Code Sections 21107 and 21107.8. 5. Ordinances or resolutions which amend, modify or restrict the authority of the City Engineer or which establish policy to guide the City Engineer’s exercise of authority pursuant to this code. 6. Establishment of parking meter zones and parking fees pursuant to Vehicle Code Section 22508. 7. Establishment of speed limits pursuant to California Vehicle Code Sections 22357 and 22358. H. Emergency, Special Events and Road Construction Events. The City Engineer’s authority regarding the adoption of traffic and parking control measures for emergencies and road construction is as follows: 1. Road Construction. The authority to establish and maintain traffic control measures for road construction events shall be vested solely in the City Engineer, unless overruled by the affirmative vote of three members of the City Council. Referral to and concurrence of the Traffic Safety Commission are not required. The City Engineer shall, under the following circumstances, advise the Council a minimum of seven days in advance in writing of the following proposed traffic control measures exercised under the authority of this subsection: a. The proposed measure may involve complete road closures on any road; 2022/11/08 City Council Post Agenda Page 611 of 719 Ordinance Page 19 b. The proposed measure may involve significant interference with traffic on high volume roads; c. The proposed measure may involve long-term partial road closures on any road; d. The proposed measure may involve interference with access to any business; e. The proposed measure may involve the rerouting of traffic through residential areas. 2. Emergency Traffic Regulations. The City Engineer may enact emergency traffic regulations with the concurrence of the Chief of Police when necessary to immediately preserve the public health, safety and welfare, and shall report the same to the City Council within seven days. Emergency traffic regulations shall remain valid and effective until set aside or modified by the City Council. Referral to the Traffic Safety Commission is optional. 3. Special event regulations establishing and maintaining traffic control measures for special events and community events using the public right-of-way. 10.04.040 Criminal provisions and administrative remedies. A. General Provisions. It is unlawful for any person to disobey the directions of any traffic control device or parking control device within the City of Chula Vista. This Section shall be cited as authority except when a more specific provision is contained in the California Vehicle Code or elsewhere in this title, in which case the more specific provisions will be used. B. Administrative Remedy. Any person who contends that a traffic or parking control measure or device was not promulgated or installed according to the regulations contained in this title or the California Vehicle Code may petition the Traffic Safety Commission to examine the matter, and may appeal that determination to the City Council within 10 days following. T. Section 10.12.020 of the Chula Vista Municipal Code is hereby amended as follows: 10.12.020 City Engineer powers and duties. The City Engineer shall: A. Except where reserved by the City Council pursuant to Council policy or as set forth in CVMC 10.04.030(G), the City Engineer, with the concurrence of the Traffic Safety Commission, shall have the power to adopt traffic and parking control measures and install, modify or alter traffic and parking control devices; and B. Determine the installation, proper timing and maintenance of official traffic control devices, conduct engineering analysis of traffic accidents and devise remedial measures, conduct engineering investigation of traffic conditions, and cooperate with other City officials in the development of ways and means to improve traffic conditions. Whenever, by the provisions of this code, a power is granted to the City Engineer or a duty imposed upon him, the power may be exercised or the duty performed by his deputy or by a person authorized in writing by him. Whenever the City Engineer makes a determination authorized by this chapter, pursuant to the provisions of the California Vehicle Code, the violation of which is a misdemeanor, said determination shall promptly be filed in writing by the City Engineer, with a copy filed with the Chief of Police, so that enforcing officials shall be aware of any changes or modifications of regulatory determinations; and 2022/11/08 City Council Post Agenda Page 612 of 719 Ordinance Page 20 C. Initiate and recommend necessary legislation for the efficient operation of traffic and the prevention of traffic accidents; and D. Maintain schedules relating to parking and traffic control measures and devices on City streets as provided by regulations promulgated pursuant to this code. U. Section 10.87.050 of the Chula Vista Municipal Code is hereby amended as follows: 10.87.050 City Council consideration and action. The City Council shall consider a petition for designation of residential permit parking district presented in compliance with the terms of this chapter, the Traffic Safety Commission’s recommendation, and the City Manager’s recommendation with respect thereto at a public hearing. After the conduct of such public hearing and its consideration of (A) the City Manager’s report and recommendation, (B) any and all testimony presented in favor or against the petition, and (C) the designation criteria set forth in CVMC 10.87.070, and (D) the Traffic Safety Commission’s recommendation, the City Council may approve, disapprove or decline to act on any district petition in its discretion. Any City Council resolution approving the designation of a district shall include, at a minimum (A) the applicable parking regulations, (B) the period of the day or week for their application, (C) the fee to be charged upon permit issuance, and (D) findings of compliance with the terms of this chapter. The City Council resolution may also limit the number of resident or guest permits issued to a resident if a limitation would further the goals of the residential parking permit program V. Chapter 19.09, Growth Management, is hereby repealed in its entirety. W. Section 19.14.020 of the Chula Vista Municipal Code is hereby amended as follows: 19.14.020 Zoning Administrator – Creation of position – Authority. A. In order to relieve the Planning Commission or Successor Agency to the Redevelopment Agency, within designated redevelopment project areas, of certain routine functions necessary to the proper administration of this chapter, a Zoning Administrator is created. B. Authority. The Director of Development Services or designee may serve as a Zoning Administrator. The Zoning Administrator shall have the authority to consider applications, preside at hearings, and make impartial decisions on permits, maps, or other matters based on the application, written materials prepared prior to the hearing, and information received at the hearing. X. Section 19.56.310 of the Chula Vista Municipal Code is hereby amended as follows: 19.56.310 HP historic preservation modifying district – Application. A. The HP modifying district may be applied only to properties within those areas designated as historic preservation districts and shall meet the provisions of CVMC 21.06.070. An HP modifier shall apply to all properties within an HPD. B. An HP modifying district may be applied for concurrently with an application for a historic preservation district, or may be applied for subsequent to the formation of an HPD. 2022/11/08 City Council Post Agenda Page 613 of 719 Ordinance Page 21 C. All applications shall be reviewed by the Planning Commission with recommendations forwarded to City Council in accordance with the findings of fact found in CVMC 21.06.110. Y. Chapter 19.92 of the Chula Vista Municipal Code is hereby added as follows: CHAPTER 19.92 – PUBLIC FACILITIES FINANCING PLANS (PFFPS), AIR QUALITY IMPROVEMENT PLANS, AND WATER CONSERVATION PLANS. 19.92.010 Purpose/Intent. The purpose and intent of this chapter is to establish compliance mechanisms and standards to ensure public Facilities, infrastructure and services will exist, or concurrently be provided, to meet the demands of infrastructure and climate protection generated by new Development. 19.92.020 Definitions. Whenever the following terms are used in this chapter, they shall have the meaning established by this Section unless from the context it is apparent that another meaning is intended: “Air Quality Improvement Plan” (AQIP) means a project-specific Air Quality Improvement Plan prepared and approved in accordance with CVMC 19.92.030 “Development” means any land use, building or other alteration of land and construction incident thereto. “Director of Development Services” or “Director” means the Director of the City’s Development Services Department or their designee. “Discretionary Planning Approval” means any permit, entitlement or approval issued under the authority of the zoning and subdivision titles of the Chula Vista Municipal Code (CVMC), and any legislative actions such as Zone Changes, General Plan Amendments, Sectional Planning Area (SPA) Plans or General Development Plan approvals or amendments. “Facilities” means any schools, public safety facilities, infrastructure, civic buildings, corporation yards, park/recreational areas or structures providing for fire, libraries, traffic controls, streets and highways, including curbs, gutters and sidewalks, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, lighting facilities or other governmental services, required to be identified in a Public Facilities Financing Plan. “Facility Master Plan” means any adopted master plan for future facility needs including, but not limited to: sewer, drainage, water, transportation, police, fire and emergency services, libraries, and parks. “Project” means the activity for which either an application for a Sectional Planning Area (SPA) Plan, a Tentative Map (TM), a Conditional Use Permit (CUP), or a similar activity has been or is required to be submitted and which may be subject to discretionary approvals by the City. “Public Facilities Financing Plan (PFFP)” means a Project-specific Public Facilities Financing Plan prepared and approved in accordance with CVMC 19.92.030 through 19.92.120 “SPA Plan” means a Sectional Planning Area Plan, as prescribed in CVMC Chapter 19.48. 2022/11/08 City Council Post Agenda Page 614 of 719 Ordinance Page 22 “Substantial Compliance” means performance meeting the intent of the parties with respect to the obligations imposed pursuant to the PFFP. “Threshold Standards” means those certain standards identified in CVMC Sections specifying the Facilities and services required to support the present and future needs of the City. “Water Conservation Plan” means a Project-specific Water Conservation Plan prepared and approved in accordance with CVMC Section 19.92.030. 19.92.030 Requirements for Public Facilities Financing Plans (PFFP), Air Quality Improvement Plans, and Water Conservation Plans. A. Public Facilities Financing Plans. No application for a SPA Plan, or, if a SPA Plan is not required, no application for a Tentative Map, shall be deemed complete or accepted for review unless: 1. It is accompanied by a PFFP which has been approved by the City; or 2. A PFFP, that includes the Project, has already been initiated; or 3. The applicant initiates the preparation of a PFFP. The PFFP may be waived by the City Council upon a showing that there are no public facilities, infrastructure and service needs warranting the preparation of a PFFP. B. Air Quality Improvement Plans. No application for a SPA Plan, or, if a SPA Plan is not required, no application for a Tentative Map, shall be deemed complete or accepted for review unless: 1. It is accompanied by an Air Quality Improvement Plan that has been approved by the City; or 2. An Air Quality Improvement Plan, that includes the Project, has already been initiated; or 3. The applicant initiates the preparation of an Air Quality Improvement Plan in such form and/or containing such information, including maps, drawings, diagrams, etc., as the Director of Development Services shall require. C. Water Conservation Plans. No application for a SPA Plan, or, if a SPA Plan is not required, no application for a Tentative Map, shall be deemed complete or accepted for review unless: 1. It is accompanied by a Water Conservation Plan that has been approved by the City; or 2. A Water Conservation Plan, that includes the Project, has already been initiated; or 3. The applicant initiates the preparation of a Water Conservation Plan in such form and/or containing such information, including maps, drawings, diagrams, etc., as the Director of Development Services shall require. D. No SPA Plan, nor any Tentative Map, shall be approved, or deemed approved, without an approved PFFP, an approved Air quality Improvement Plan and an approved Water Conservation Plan. To provide consistency and implementation of said plans, the City Council may impose any 2022/11/08 City Council Post Agenda Page 615 of 719 Ordinance Page 23 condition to the approval of a SPA Plan or Tentative Map necessary to implement the PFFP, the Air Quality Improvement Plan, the Water Conservation Plan, or the Facility Master Plans. E. No Final Map shall be approved until all the conditions of the PFFP, the Air Quality Improvement Plan, the Facility Master Plans, and the Water Conservation Plan have been met, or the Project applicant has provided adequate security to the City that said plans will be implemented. F. No other discretionary planning approvals shall be granted unless the City Council finds that the Project is consistent with an approved PFFP, an Air Quality Improvement Plan, the Facility Master Plans, and a Water Conservation Plan. G. No building permit shall be issued unless the permit is consistent with any applicable PFFP, the Air Quality Improvement Plan and the Water Conservation Plan and all applicable fees, including, but not limited to, development impact fees, traffic impact fees, drainage fees, school fees, park fees, sewer fees, water fees, or other development fees adopted by the City Council, have first been paid or provision for their payment has been made to the satisfaction of the City Council. H. No Development shall occur in a PFFP area if the demand for any public facilities, infrastructure and services exceeds capacity and it is not feasible to increase capacity prior to completion of Development unless the means, schedule and financing for increasing the capacity are established through the execution of a binding agreement providing for installation and maintenance of such Facilities or improvements in advance of the City’s phasing schedule. 19.92.040 Threshold Standards for External Facilities and Services. The thresholds within this Section shall be considered when preparing PFFPs, AQIPs, and Water Conservation Plans. A. Air Quality and Climate Protection. 1. Goal. To maintain and improve the ambient air quality enjoyed by the residents of Chula Vista. 2. Objectives. a. In an effort to address the impacts of transportation and building-related energy use at both the regional and local level, the City shall endeavor to implement applicable air quality improvement strategies and programs that meet or exceed those established through the current adopted Regional Air Quality Strategy (RAQS), California’s Global Warming Solutions Act of 2006 (AB32), and the Chula Vista climate protection program. b. In an effort to maintain and improve ambient air quality, the City shall endeavor to locally mitigate any new stationary source development project’s criteria air pollutant emissions that exceed local air quality standards. 3. Threshold Standard. The City shall pursue a greenhouse gas emissions reduction target consistent with appropriate City climate change and energy efficiency regulations in effect at the time of Project application for SPA Plans or for the following, subject to the discretion of the Director of Development Services: 2022/11/08 City Council Post Agenda Page 616 of 719 Ordinance Page 24 a. Residential projects of 50 or more residential dwelling units; b. Commercial projects of 12 or more acres (or equivalent square footage); c. Industrial projects of 24 or more acres (or equivalent square footage); or d. Mixed use projects of 50 equivalent dwelling units or greater. B. Water. 1. Goal. To ensure that adequate supplies of potable and recycled water are available to the City of Chula Vista. 2. Objectives. a. Ensure that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth. b. Ensure that water quality standards requirements are met during growth and construction. c. Encourage diversification of water supply, conservation and use of recycled water where appropriate and feasible. 3. Threshold Standards. a. Adequate water supply must be available to serve new Development. Therefore, developers shall provide the City with a service availability letter from the appropriate water district for each Project. 19.92.050 Public Facilities Financing Plan (PFFP) Contents. The required contents of a Public Facilities Finance Plan (PFFP), including a fiscal impact analysis, drawings, diagrams, etc., shall be prescribed by the Director of Development Services. The fiscal analysis/economic impact report shall be provided for each proposed Project and the Project shall be conditioned to provide funding for periods where expenditures exceed projected revenues. 19.92.060 Public Facilities Financing Plan (PFFP) Preparation. A. A PFFP, an Air Quality Improvement Plan, and a Water Conservation Plan may be processed concurrently with the SPA Plan or Tentative Map. B. A PFFP may be initiated by filing an application with the Director of Development Services. The applicant shall pay a deposit at the time any application for a PFFP is accepted. C. A PFFP for a Project shall be prepared by the City, or a consultant selected by the City, according to the procedures established by this chapter. D. The cost of PFFP preparation shall be advanced to the City by the applicant and any participating owner or owners prior to PFFP preparation. 2022/11/08 City Council Post Agenda Page 617 of 719 Ordinance Page 25 19.92.070 Public Facilities Financing Plan (PFFP) Review. PFFPs shall be reviewed according to the following procedure: A. A completed PFFP complying with this chapter, and accompanied by a processing fee in an amount established by City Council resolution, may be submitted to the Director of Development Services for processing. If the Director of Development Services determines that the plan complies with the provisions of this chapter, the Director shall accept the PFFP for review. Once the PFFP has been reviewed and complies with the provisions of this chapter, it shall be set for public hearing before the Planning Commission together with the accompanying development plan. B. The hearing shall be noticed according to the provisions of CVMC 19.12.070. A staff report containing recommendations on the PFFP shall be prepared and furnished to the public, the applicant, and the Planning Commission prior to the hearing. C. The Planning Commission shall hear and consider the application and shall by resolution prepare recommendations and findings for the City Council. The action of the Commission shall be filed with the City Clerk, and a copy shall be mailed to the applicant. D. When the Planning Commission action is filed with the City Clerk, the Clerk shall set the matter for public hearing before the City Council. The hearing shall be noticed according to the provisions of CVMC 19.12.070. E. The City Council shall hear the matter, and after considering the findings and recommendations of the Planning Commission, may approve, conditionally approve, or deny the plans. The City Council may include in the resolution adopting the PFFP any fees or Facilities improvement requirements provided for in City ordinances in order to implement the Facility Master Plans and the PFFP. F. A PFFP may be amended following the same procedures for the original adoption. 19.92.080 Public Facilities Financing Plan (PFFP) Implementation. A. The Director of Development Services shall ensure that PFFPs are prepared for all SPA Plans and Tentative Maps or equivalent Projects pursuant to CVMC Chapter 19.48. B. In the event that the Director of Development Services or their designee finds that the Project is not in Substantial Compliance with the PFFP as modified or amended, the developer may be deemed to be in default and continued issuance of building or development permits may be affected. 19.92.090 Public Facilities Finance Plan (PFFP) Amendment. A. Adoption of a PFFP does not establish any entitlement or right to any particular General Plan or zoning designation or any particular development proposal. B. If the Director of Development Services determines that such events or changed circumstances adversely affect the health, safety or welfare of the City, the City may require the amendment, modification, suspension, or termination (hereinafter “change”) of an approved PFFP. If the City requires such change, the City shall (1) give notice to applicant or owner of (a) the City’s intended action to change the PFFP, and (b) the reasons and factual basis for the City’s 2022/11/08 City Council Post Agenda Page 618 of 719 Ordinance Page 26 determination; (2) give notice to the applicant or owner, at least 30 days prior to the hearing date, of the time and place of the hearing; and (3) hold a City Council hearing on the determination, at which hearing the applicant or owner shall have the right to present witnesses, reports, and oral and written testimony. Prior to approving any change, the City shall find that (1) the circumstances were unknown or that the circumstances have changed; and (2) the health, safety or welfare of the community requires the change of the PFFP. This provision shall neither limit nor expand the rights of liabilities of either of the parties with respect to the PFFP or the Development of the property. If, after notice and hearing, the Council determines that a deficiency exists, then no further building or development permits shall be issued within the affected area and Development shall cease until an amendment to the applicable PFFP mitigating the deficiency is approved by the City Council. C. The City Council may initiate an amendment to any PFFP at any time if, in its discretion, it determines that an amendment is necessary to provide adequate Facilities and improvements and subsequent permits will be conditioned on conformance. 19.92.100 Exceptions and Exclusions. A. Exceptions. Nothing in this chapter shall alter or amend the terms and conditions of any development agreement entered into between the City and a developer. B. Exclusions. Development projects which consist of Facilities or structures constructed by a city, county, special district, state, or federal government or any agency, department, or subsidiary thereof for governmental purposes are excluded from the provisions of this chapter. To the extent that the City has authority to regulate such development projects, such projects shall not be exempt. For example, any private Development occurring on land leased from a public agency would not be exempt. This exclusion shall not apply to development projects to which a possessory interest tax would be applicable. 19.92.110 Extensions of Prior Approvals. After approval of an applicable PFFP for a development project, an extension of the expiration date of a Tentative Map may only be granted if the project is in conformance with the PFFP. The extension may be conditioned on such matters as the City deems appropriate or necessary to make the Tentative Map conform to the PFFP, including, but not limited to, requiring the developer to submit any information, studies, plans and diagrams to show compliance with the applicable PFFP. 19.92.120 Obligation to Pay Fees or Install Facilities Required by Any Other Law. Nothing in this chapter shall be construed as relieving a builder, developer or subdivider from any requirement to provide public facilities, to dedicate property or to pay fees, which requirement is imposed pursuant to this title or pursuant to any City Council policy. 19.92.130 Implementing Procedures. The City Council may adopt any procedures it deems necessary to implement this chapter, including procedures for administering Threshold Standards or Facility Master Plans. 2022/11/08 City Council Post Agenda Page 619 of 719 Ordinance Page 27 19.92.140 Council Actions, Fees, Notice. A. Whenever this chapter requires or permits an action or decision of the City Council, that action or decision shall be accomplished by resolution and/or ordinance, as appropriate. B. The City Council shall establish application and processing fees for the submission and processing of public facilities financing plans (PFFPs). C. Whenever written notice is required to be given to property owners under this chapter, the notice shall be mailed by first class mail to the owners shown on the last equalized assessment roll. 19.92.150 Facility Master Plans. The City shall maintain a series of Facility Master Plans, as may be amended from time to time, for infrastructure and services throughout the City that regard the Threshold Standards in this chapter, including, but not limited to, police, fire and emergency services, libraries, parks and recreation, wastewater, drainage and circulation. In anticipation of service demands, these master plans shall contain an analysis of existing Facilities, existing and projected demand, and proposed maintenance and capital improvement projects. They shall also identify financing plans to accomplish identified improvements. Z. Section 21.02.030 of the Chula Vista Municipal Code is hereby amended as follows: 21.02.030 Historic preservation authority. The Planning Commission governs processes and activities presented in this title as further defined in Chapter 2.49 CVMC. The discretionary project review responsibility of the Planning Commission shall include the review of major alterations, historical resource demolition applications, historic determinations and appeals, and consistency of said projects with the City’s HPP, applicable historic district guidelines, and this title. AA. Specified sections of Chapter 21.03 of the Chula Vista Municipal Code are hereby amended as follows: [Sections in Chapter 21.03 that are not specifically listed below remain unchanged.] 21.03.026 Commission. “Commission” means the City of Chula Vista Planning Commission. 21.03.135 Zoning Administrator (ZA). CVMC 19.14.020 creates a Zoning Administrator, who shall be the Director of Development Services or his authorized designee. The Zoning Administrator may relieve the Planning Commission of certain routine functions. BB. Specified sections of Chapter 21.04 of the Chula Vista Municipal Code are hereby amended as follows: [Sections in Chapter 21.04 that are not specifically listed below remain unchanged.] 2022/11/08 City Council Post Agenda Page 620 of 719 Ordinance Page 28 21.04.030 Chula Vista register of historical resources. Buildings, structures, objects, sites, signs, landscapes, archaeological sites, historic preservation districts, or contributing resources determined historically or architecturally significant and designated by the City of Chula Vista Planning Commission (formerly the Historic Preservation Commission) shall be compiled on a comprehensive list officially known as the City of Chula Vista register of historical resources and herein shall commonly be referred to as the “local register.” (Also see the City’s HPP Appendix – Local Register of Historical Resources.) 21.04.040 Historical resources to be included in the local register. The following resources shall be included in the local register: A. Those properties previously designated prior to the effective date of the ordinance codified in this title; B. Those properties designated by the Planning Comission or Council; C. Any Chula Vista resource listed as a National Historic Landmark; D. Any Chula Vista resource listed on the National Register of Historic Places; E. Any Chula Vista resource listed on the California Register of Historical Resources by the California State Historical Resources Commission. 21.04.060 Designation – Authority. Upon a recommendation of the Zoning Administrator, the Planning Commission shall have authority to approve or deny applications for historical designation, excluding designation of exceptional historical resources and publicly owned historical resources which shall require Council approval. All resources that are approved for designation shall be listed on the local register. 21.04.080 Designation – Owner consent not required – Exceptional historical resource. In exceptional circumstances, the Planning Commission may recommend that the Council designate a resource without owner consent pursuant to CVMC 21.04.100(B)(1) through (3). 21.04.090 Historical designation – Application, requirements and procedures. A. Applications and Submittal Requirements. All applications for designation, including exceptional historical resources, shall be made to the Zoning Administrator in writing on a form prescribed by the City’s HPP and shall be accompanied by sufficient information to determine that a resource meets the criteria and findings of fact for designation pursuant to CVMC 21.04.100. Designation applications may run concurrent with other permit applications; however, the designation shall be acted upon prior to consideration of any discretionary permits. (Also see City’s HPP Section 3.0, Historical Resources – Designation Procedural Guide.) 1. Owner Applicant. A property owner, or authorized agent of the property owner, may seek historical designation without the assistance of an expert unless the City, at its 2022/11/08 City Council Post Agenda Page 621 of 719 Ordinance Page 29 discretion, determines that an expert technical analysis is necessary to provide sufficient information on the historical significance of the resource. 2. Nonowner Applications (Exceptional Historical Resource). a. Applicants that apply for an exceptional resource designation shall pay all fees and costs associated with the designation of the exceptional historical resource including but not limited to staff time, expert technical analysis or expert review of documentation. b. An application for an exceptional resource designation may be initiated in any of the following three ways: i. By a minimum of 10 City residents (with verifiable signatures); or ii. Through aPlanning Commission recommendation to Council; or iii. By a majority vote of Council. 3. Publicly Owned Resources – Council Approval Required. a. Shall require the same application submittal requirements of this Section and findings of fact and eligibility criteria of CVMC 21.04.100(A)(1) and (2). b. Shall require a recommendation from the Planning Commission and Council approval. c. An application for designation of publicly owned historical resources and historical landscapes may be initiated in any of the following three ways: i. By any interested citizen who resides in the City of Chula Vista; or ii. Through a Planning Commission recommendation to Council; or iii. By a majority vote of Council. B. Procedures for Historical Designation Consideration. 1. The application review shall follow the City’s Development Services Department review process for discretionary permits. 2. Upon determination of completeness, the Zoning Administrator shall prepare, in the form of a staff report, a brief discussion of the resource as presented in the submitted documentation and shall include recommendations to the Planning Commission to either designate or not designate under the findings of fact and eligibility criteria set forth in CVMC 21.04.100. 3. The Zoning Administrator shall schedule the application for consideration and give notice thereof to the applicant and to other interested persons. A public hearing shall be held to review the evidence as presented in order to determine if the resource meets the criteria for designation pursuant to CVMC 21.04.100. 2022/11/08 City Council Post Agenda Page 622 of 719 Ordinance Page 30 4. If a resource is designated, the property owner or applicant shall be required to record the Planning Commission resolution of designation with the County Assessor’s office within 10 business days after the appeal period of said designation. C. Denial or Delay of Decision. 1. The City shall have the authority to delay consideration of a resource for up to 90 days as part of a request of the applicant for additional information on the subject resource proposed for designation. If the requested information is not provided within 90 calendar days, the application will be closed pursuant to CVMC 19.14.700. 2. If an application is closed pursuant to Subsection (C)(1) of this Section, or a designation request is denied as a result of the resource not meeting the findings of fact or eligibility criteria set forth in CVMC 21.04.100, the City shall provide a written explanation for the denial within 10 business days of the decision. 3. The applicant may, under a new application and required fees, submit for designation reconsideration of any resource, which has previously been denied, if new information is presented to support a statement of historical significance for the resource. D. Appeals. All appeals shall be processed pursuant to CVMC 21.12.030. 21.04.100 Historical designation – Findings of fact and eligibility criteria. A. Designation of historical resources, excluding exceptional historical resources, by the Planning Commission may occur when the following findings of fact are made: 1. A resource is at least 45 years old; and 2. A resource possesses historical integrity defined under CVMC 21.03.084 and the resource is determined to have historical significance by meeting at least one of the following criteria: Criterion 1: It is associated with an event that is important to prehistory or history on a national, state, regional, or local level. Criterion 2: It is associated with a person or persons that have made significant contributions to prehistory or history on a national, state or local level. Criterion 3: It embodies the distinctive characteristics of a style, type, period, or method of construction, or represents the work of a master or important, creative individual, and/or possesses high artistic values. Criterion 4: It is an outstanding example of a publicly owned historical landscape, that represents the work of a master landscape architect, horticulturist, or landscape designer, or a 2022/11/08 City Council Post Agenda Page 623 of 719 Ordinance Page 31 publicly owned historical landscape that has potential to provide important information to the further study of landscape architecture or history. Criterion 5: It has yielded or may be likely to yield information important in prehistory or the history of Chula Vista, the state, region, or nation. B. Designation of an exceptional historical resource may be considered only if: 1. The Planning Commission considers and makes a recommendation to the Council; and 2. It has been demonstrated through expert technical analysis and verifiable evidence that all of the following findings of fact are made: a. The resource meets criteria and the findings of fact for designation found in Subsections (A)(1) and (A)(2) of this section; and b. The resource is the best representative sample of its kind or the last of its kind; and c. The resource is an exceptionally important component of the City’s history and loss or impairment of the resource would be detrimental to the City’s heritage; and 3. Four-fifths vote of the Council vote to designate the resource as an exceptional historical resource. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication 2022/11/08 City Council Post Agenda Page 624 of 719 Ordinance Page 32 The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by _____________________________________ ____________________________________ Kerry K. Bigelow, MMC Glen R. Googins City Clerk City Attorney 2022/11/08 City Council Post Agenda Page 625 of 719 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RESCIND CITY COUNCIL POLICY NO. 110- 15, “YOUTH ACTION COUNCIL” WHEREAS, City Council policy no. 110 -15, “Youth Action Council,” was adopted by Resolution Number 2007-222 on August 14, 2007, which established the Youth Action Council; and WHEREAS, the Youth Action Council was adopted to increase the number of high school students who have an opportunity to perform community service, gain first-hand experience in local government, and become informed stakeholders in the community; and WHEREAS, in response to a referral from the City Council to review City boards and commissions to make improvements, staff recommended sunsetting the Youth Action Council and, instead, add seats to other City boards and commissions for youth members; and WHEREAS, the City Council intends to adopt an ordinance to add youth seats to various City boards and commissions and desires to rescind City Council policy no. 110-15, “Youth Action Council.” NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it rescinds City Council policy no. 110-15, “Youth Action Council.” Presented by Approved as to form by Kerry K. Bigelow, MMC Glen R. Googins City Clerk City Attorney 2022/11/08 City Council Post Agenda Page 626 of 719 Page 1 of 63 Attachment 1 [CHAPTER 2.25 GENERAL RULES FOR BOARDS AND COMMISSIONS] 2.25.020 Definitions. For purposes of this chapter, the following words are defined: “Boards” and “commissionsCommission” include boards, commissions, and committees established by the Chula Vista Charter or ordinance. “Brown Act” means the Ralph M. Brown Act, Government Code Section 54950 et seq., commonly referred to as the Brown Act or the California Open Meeting Law. “Entire vVoting mMembership” or “eEntire mMembership” means those individuals who have been appointed to, have been sworn in to serve on, have not been removed from, have not vacated their seat on, and who are eligible and entitled to vote as memberMembers of a board or commissionBoard or Commission. It does not include eEx oOfficio mMembers or Youth Advisory Members and does not include any seat specified in the Charter provision or ordinance creating the board or commissionBoard or Commission that is unfilled due to a vacancy, pursuant to CVMC 2.25.105. Notwithstanding the foregoing, at least one-half of the voting seats specified in the Charter provision or ordinance creating the board or commissionBoard or Commission must be filled in order for the board or commissionCommission to act. For example, if a seven-member Member board has two vacancies, the remaining five voting members constitute the “entire membershipEntire Membership.” Accordingly, an action that requires a majority vote could be taken if at least three of the voting board members vote in its favor. The City Council intends that this definition clarify the term “entire membershipEntire Membership” as used in Section 603 of the City Charter. “Ex oOfficio mMembers” means the individuals who are appointed by the City Council to serve in an advisory capacity on a board or commissionBoard or Commission, but who are not entitled to vote or to make motions. “Ex officio membersEx Officio Members” do not include City staff who provide information to or sit with a board or commissionBoard or Commission. “Interview” means the process by which applicants are given an opportunity to present themselves to the City Council, or other interview panel, and the City Council or other panel questions and evaluates the applicants. Should an applicant be unable to attend an interview, the Council or panel may elect to consider a letter of interest or interview by other means, such as telephone or video conference, in lieu of an in-person meeting. “Member” means an individual who has been appointed to, has been sworn in to serve on, has not been removed from, and who has not vacated his or her seat on a board or commissionBoard or Commission. “Members” includes vVoting mMembers, and eEx oOfficio mMembers, and Youth Advisory Members. “Registered vVoter” means an individual who is registered to vote in City of Chula Vista elections. “Voting mMember” means an individual appointed by the City Council who is entitled to vote and make motions in his or her capacity as a member of a board or commissionBoard or Commission. “Youth Advisory Member” means the individuals who meet the qualifications specified in CVMC 2.25.030(E) and are appointed by the City Council to serve in an advisory capacity on a Board or Commission. Youth Advisory Members are not entitled to make motions or vote but may offer an advisory opinion on matters considered by the Board or Commission. 2022/11/08 City Council Post Agenda Page 627 of 719 Page 2 of 63 Attachment 1 2.25.030 Membership – Qualifications and eligibility. Member qualifications and eligibility shall be in accordance with Chula Vista Charter Section 602 and this sectionSection: A. An individual is eligible to serve on only one board or commissionBoard or Commission at a time, unless the memberMember is filling a seat on another board or commissionBoard or Commission that was specifically created to represent the board or commissionBoard or Commission to which he or she was originally appointed. B. A paid officer or employee of the City is not eligible to be appointed to or to serve on a board or commissionBoard or Commission. C. A memberMember is ineligible to be appointed to another board or commissionBoard or Commission during the first 12 months of his or her term; this prohibition does not apply to appointments to serve as a representative memberMember on another board or commissionBoard or Commission, pursuant to subsection Subsection (A) of this sectionSection, or to appointments of Members to another Board or Commission when their original Board or Commission was disbanded within the first 12 months of their term. D. The City Council may appoint eEx oOfficio mMembers to any board or commissionBoard or Commission because of particular background or experience that the City Council deems will assist a particular board or commissionBoard or Commission in handling a discrete set of issues. Ex oOfficio mMembers are not required to be registered voterRegistered Voters and are subject to term limits as described in the Charter and CVMC 2.25.080 and 2.25.100. Ex oOfficio mMembers are not entitled to vote or to make motions. E. The City Council may appoint Youth Advisory Members to Boards and Commissions as those seats are provided for in the Membership section of individual board and Commission chapters in this Code. Youth Advisory Members shall be between the ages of 16 and 22 years old at the time of their appointment, and are not required to be Registered Voters, but shall be a resident in the City and maintain that status throughout their tenure. Youth Advisory Members are subject to term limits as described in CVMC 2.25.080 and 2.25.100. 2.25.050 Membership – Applications and appointments – General. A. The City Clerk shall maintain applications for prospective membership on boards and commissionsBoards and Commissions for a period of one year from the date of application. The application shall provide a place for an individual to state the reasons he or she seeks appointment to a particular board or commissionBoard or Commission and his or her qualifications for service on a particular board or commissionBoard or Commission. B. An individual who has submitted an application for appointment as a Vvoting Member, or eEx oOfficio, or Youth Advisory M member of any board or commissionBoard or Commission may be interviewed as part of the nomination and selection process. C. If a vacancy occurs on any board or commissionBoard or Commission within one year of interviews being conducted for that board or commissionBoard or Commission, interviews are not required if all of the following criteria are met: (1) the vacancy was properly noticed and new applications solicited; (2) no new, qualified applications were received; (3) one or more qualified applicants from the original interviews remain eligible and interested in being appointed; and (4) the appointment process for the board or commissionBoard or Commission does not specifically prohibit this subsection. D. Members of each board and commission shall be appointed by at least three affirmative votes of the City Council. 2022/11/08 City Council Post Agenda Page 628 of 719 Page 3 of 63 Attachment 1 2.25.060 Membership – Oath of office – Effective date of taking office. The City Clerk or his or her designee shall administer the oath of office to newly appointed Vvoting Members, and eEx oOfficio mMembers, and Youth Advisory Members. Newly appointed voting membersMembers must take the oath of office before they may participate or vote as a memberMember of the board or commissionBoard or Commission to which they have been appointed. Voting mMembers assume their office on the date they take the oath of office. 2.25.080 Membership – Terms – Standard term of office – Holdover office. A. The standard term of office for bBoard and cCommission memberMembers, other than Youth Advisory Members, is four years. The standard term begins July 1st and ends June 30th four years later. B. The standard term of office for Youth Advisory Members is two years. The standard term begins July 1st and ends June 30th two years later. BC. At the end of any voting memberMember’s term, he or shethey shall be permitted to continue to exercise the privileges of his or hertheir former office until the office is filled by the appointment of a qualified successor. 2.25.100 Membership – Terms – Filling unexpired terms. A. Voting Member and Ex Officio Member terms shall be in accordance with Chula Vista Charter Section 602 and this Subsection A: A. 1. A Vvoting Mmember who currently sits on a particular board or commissionBoard or Commission may not be appointed to fill the unexpired term of another Vvoting Mmember’s vacated seat on that same board or commissionBoard or Commission. An individual who currently sits as an eEx oOfficio mMember or a Youth Advisory Member of a board or commissionBoard or Commission may be appointed to fill the unexpired term of a Vvoting Mmember’s vacated seat on the same board or commissionBoard or Commission if the eEx oOfficio mMember or Youth Advisory Member meets the eligibility criteria for voting membership. The appointment process shall be the same as provided for in the applicable membership section for the board or commissionBoard or Commission. B. 2. For purposes of determining whether the unexpired term of a vacated seat is less than, more than, or equals two years, the starting date of the unexpired term shall be the date the new appointee takes the oath of office, and the end date of the unexpired term shall be the expiration date of the vacating memberMember’s term of office. B. Youth Advisory Member terms shall be in accordance with this Subsection B: 1. Youth Advisory Members shall be limited to a maximum of two consecutive terms; provided, further, that for the purpose of this Section, an appointment to fill an initial term or an unexpired term of less than one year in duration shall not be considered as a term; however, any appointment to fill an initial term or an unexpired term in excess of one year shall be considered to be a full term. 2. For purposes of determining whether the unexpired term of a vacated seat is less than, more than, or equal to one year, the starting date of the unexpired term shall be the date the new appointee takes the oath of office, and the end date of the unexpired term shall be the expiration date of the vacating Member’s term of office. 2022/11/08 City Council Post Agenda Page 629 of 719 Page 4 of 63 Attachment 1 2.25.130 Code of ethics. Voting Members, and eEx oOfficio mMembers, and Youth Advisory Members of boards and commissionsBoards and Commissions are public officials and, therefore, act as agents for the public’s purpose and hold office for the public’s benefit. As public officials, they are bound to uphold the law, observe in their official acts a high standard of morality and discharge faithfully the duties of their office, recognizing that the public interest must be a primary concern. Members of boards and commissionsBoards and Commissions are expected to conform to the City’s code of ethics, found in Chapter 2.01 CVMC. If a board or commissionBoard or Commission memberMember is in doubt about whether the code of ethics applies to a particular situation, the memberMember may request in writing an advisory opinion from the Board of Ethics. 2.25.150 Conflicts of interest – Recusal from discussion and voting. A. Voting Members, and eEx oOfficio mMembers, and Youth Advisory Members who are 18 years of age or older of certain boards and commissionsBoards and Commissions may be required to file statements of economic interest as determined in the City’s conflict of interest code. The City Clerk will notify memberMembers who are required to file the statements. B. The state’s Political Reform Act and the City’s conflict of interest code state that no person shall make or participate in the making of a governmental decision that he or she knows, or has reason to know, will have a reasonably foreseeable material financial effect on him or her distinguishable from its effect on the public generally. The Political Reform Act and implementing regulations require a public official diligently to monitor his or her business interests, real property, sources of income, gifts, and personal finances to ensure that he or she does not participate in an action in which he or she has a conflict of interest. C. When a memberMember has a conflict of interest, or the appearance of a conflict of interest, he or she must publicly state the nature of the conflict. Unless the item is on the consent calendar, the memberMember must step down from the dais or table and leave the room until consideration of the particular item is finished. Additionally, the disqualified memberMember may not be counted toward achieving a quorum while the item is being discussed. A memberMember may consult the City Attorney if he or she has a question about whether or not a conflict exists and whether or not he or she should disqualify himself or herself from discussing or voting on an issue. 2.25.260 Operations – Staff support. A. Pursuant to City Charter Section 603, the City Manager shall appoint a staff person to serve as secretary to each board and commission. In addition to other duties specified in this chapter, the secretary is responsible for finalizing resolutions and performing other administrative duties, as necessary. B. The City Manager may make available other staff and clerical support as requested by a board or commissionBoard or Commission to fulfill its functions and duties, provided such staff and clerical support are available. C. Staff persons assigned to assist boards and commissionsBoards and Commissions shall not be considered Vvoting Members, or eEx oOfficio mMembers, or Youth Advisory Mmembers of those boards and commissionsBoards and Commissions. 2022/11/08 City Council Post Agenda Page 630 of 719 Page 5 of 63 Attachment 1 [CHAPTER 2.32 SUSTAINABILITY COMMISSION] 2.32.060 Membership. The Sustainability Commission shall consist of seven Vvoting Mmembers and two Youth Advisory Members, to be appointed in accordance with Article VI of the City Charter and Chapter 2.25 CVMC. [CHAPTER 2.33 CULTURAL ARTS COMMISSION] 2.33.020 Purpose and intent. It is the purpose and intent of the City Council in establishing the Cultural Arts Commission to create an advisory body to serve as a resource to advise and make recommendations to the City Council and the City Manager on cultural arts issues citywide, as well as exchanges and activities with the City and its sister cities affecting the citizens of the City. The focused efforts of the Cultural Arts Commission will be to identify cultural arts needs and issues. The purpose of the Commission is to focus community energies and resources on developing a highly visible City with a cultural arts personality and to develop, support, and nurture those ideas that expand and enrich arts and cultural opportunities for the entire community in addition to promoting cultural exchanges and activities on the basis of mutual friendship and amity between the City and its sister cities. 2.33.030 Functions and duties. The functions and duties of the Cultural Arts Commission shall be as follows: A. Encourage the preservation of Chula Vista’s cultural heritage and the creation of an atmosphere – a Chula Vista image – in which our citizens could take pride and have increased stature. B. Help coordinate and marshal support for the arts. C. Encourage the provision of cultural and artistic facilities and features in public and commercial construction. D. Formulate recommendations for a City arts program, including funding mechanisms, criteria for the selection and placement of public art, procedures for review plans, and guidelines to carry out a City arts program. E. Regularly assess, review and update recommended goals and long-range plans for the City; and regularly solicit public input on the arts. 2022/11/08 City Council Post Agenda Page 631 of 719 Page 6 of 63 Attachment 1 F. Encourage the development of arts and cultural programs for the youth of Chula Vista. G. Promote the creation of a cultural environment to attract visitors and economic development. The Commission, by having a definite focus and by demonstrating a high degree of commitment to the arts, can conduct strategic long-range planning to help reach these goals. H. Make recommendations for cultural exchanges and activities that are virtual and/or accessible on the basis of mutual friendship and amity between the City and its sister cities. HI. The Commission may develop guidelines for consideration during the application and appointment processes for new memberMembers, which may include relevant questions to be included on the application, recommended considerations when making an appointment, and definitions of terms referenced in CVMC 2.33.040, related to the qualifications of memberMembers. 2.33.040 Membership. A. The Cultural Arts Commission shall consist of nine Vvoting Mmembers and one Youth Advisory Member thatwho represent a diversity of backgrounds, to be nominated and appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. 1. All nine Vvoting Mmembers shall demonstrate competence, knowledge and experience in cultural arts; and a minimum of six memberMembers shall be appointed from among artists, educators, and those with professional qualifications and experience in disciplines of arts and culture, including the performing arts, fine arts, culinary arts, media arts or related arts disciplines. 2. The Cultural Arts Commission may recommend guidelines to be used during the application and appointment processes, which may include relevant questions to be included on the application, a checklist of qualifications, and definitions of terms referenced in this sectionSection, related to the qualifications of membersMembers. 3. When a vacancy occurs on the Cultural Arts Commission, the City Clerk shall forward applications received for the vacant position to the Mayor and Cultural Arts Manager or other staff assigned to the Cultural Arts Commission. 4. Throughout the review of applications, selection of applicants to be interviewInterviewed and interviewInterviews of selected applicants, the Mayor shall consider guidelines developed by the Cultural Arts Commission, as well as recommendations for interviews or appointments that may be made by the Cultural Arts Commission, City Councilmembers, and the Cultural Arts Manager or other staff assigned to the Cultural Arts Commission. 5. The Mayor shall review the forwarded applications and select applicants to be interviewInterviewed. The Mayor shall interviewInterview selected applicants and provide the opportunity for the Cultural Arts 2022/11/08 City Council Post Agenda Page 632 of 719 Page 7 of 63 Attachment 1 Manager or other staff assigned to the Cultural Arts Commission to attend and assist with the interviews. The Mayor shall make nominations for appointment, subject to the City Council’s approval. [CHAPTER 2.35 HOUSING ADVISORY COMMISSION] Chapter 2.35 HOUSING AND HOMELESSNESS ADVISORY COMMISSION 2.35.010 Creation. Pursuant to Section 34291 of the California Health and Safety Code, there There is hereby created a Housing and Homelessness Advisory Commission, in accordance with the City Charter and with Section 34291 of the California Health and Safety Code. The provisions of Article VI of the City Charter, Chapter 2.25 CVMC and this chapter shall govern this Commission. 2.35.020 Purpose and intent. It is the purpose and intent of the City Council, in establishing the Commission, to create an advisory and coordinating body which is to serve as a resource, to advise and to make recommendations to the Housing Authority, Successor Agency to the Redevelopment Agency, City Council, and City Manager on housing issues and opportunities that would benefit the community, including matters related to services, programs, and funding for the City’s unsheltered community. 2.35.030 Functions and duties. The functions and duties of the Housing and Homelessness Advisory Commission shall be as follows: A. Serve as an advisory body to the Housing Authority, City Council, Successor Agency to the Redevelopment Agency, and City Manager. B. Periodically assess the housing needs of the residents of Chula Vista and review housing policies and strategies, including the Housing Element of the General Plan, the Comprehensive Housing Affordability Strategy, and the Redevelopment Agency Housing Plan; and to make recommendations to improve said planspolicies and strategies to address identified community housing needs. C. Review and make recommendations on all matters to come before the Housing Authority, except emergency matters and matters which the Housing Authority, by resolution, excludes from its review. D. Review all proposed affordable housing projects to be assisted with public funds or incentives and make recommendations concerning said projects. E. Review all affordable housing projects proposed under the City’s affordable housing program and related development agreements and make recommendations concerning said projects. F. Consider and make recommendations on matters related to services, programs, and funding for the City’s unsheltered community. 2022/11/08 City Council Post Agenda Page 633 of 719 Page 8 of 63 Attachment 1 FG. Review ongoing housing programs of the Housing Authority, City, and Successor Agency to the Redevelopment Agency and make recommendations for improvement thereof, including efforts to publicize the availability of housing opportunities to City residents. GH. Perform such others functions or duties as may be delegated by the Housing Authority. 2.35.040 Membership. A. The Housing and Homelessness Advisory Commission shall consist of seven Vvoting Mmembers and up to two ex officio membersEx Officio Members, to be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. B. The Vvoting Mmembers shall be appointed according to the following specifications: Three memberMembers shall have expertise and experience in at least one of the following fields: lending, urban planning, real estate development, and real estate brokerage; two memberMembers shall be appointed as representatives of tenants of the Housing Authority, and shall, at the time of their appointments and throughout their terms, reside in assisted housing or receive Section 8 rental housing assistance from the Housing Authority; one of these two memberMembers shall be 62 years of age or older; and two memberMembers shall be residents of the City at large, and shall, throughout their terms, maintain their residency and elector status. [CHAPTER 2.36 HUMAN RELATIONS COMMISSION] 2.36.040 Membership. A. The Human Relations Commission shall consist of 11 Vvoting Mmembers and one Youth Advisory Member, to be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. B. The memberMembers shall be: (1) representative of the diversity of the City; (2) specifically chosen to reflect the interests and concern with protection of civil liberties of all people which make up the City’s residents; (3) committed to fostering better human relations in the City of Chula Vista; and (4) associated with the business and/or civic activities of the City. [CHAPTER 2.37 COMMISSION ON AGING] Chapter 2.37 COMMISSION ON AGING 2.37.010 Creation. There is hereby created a Commission on Aging. The provisions of Article VI of the City Charter, Chapter 2.25 CVMC and this chapter shall govern this Commission. (Ord. 3211 § 11, 2011; Ord. 2016 § 1, 1982). 2022/11/08 City Council Post Agenda Page 634 of 719 Page 9 of 63 Attachment 1 2.37.020 Purpose and intent. A. It is the purpose and intent of the City Council to establish the Commission on Aging to make recommendations and advise the City Council and the City Manager on all matters affecting the older residents of the City, who constitute nearly 16 percent of the population of the City. B. It is the intent of the City Council to create healthy, enlightened attitudes, policies and practices by establishing this Commission as an official body, not as an enforcement or reviewing agency, but as a commission that will carefully survey, intelligently plan and use the tools of education and motivation to the realization of the objectives stated in this chapter. (Ord. 3211 § 11, 2011; Ord. 2016 § 1, 1982). 2.37.030 Functions and duties. A. The Commission shall undertake investigations and studies for the purpose of making recommendations to the City Council concerning, but not limited to, the following: 1. Social service and/or human service programs and facilities; 2. Leisure time activities and recreational and social programs; 3. Development of part-time employment opportunities; 4. Programs for the understanding of the problems of senior citizens. B. In addition to investigative research activities, the Commission on Aging is specifically charged with a responsibility to: 1. Take such steps as are necessary based upon their analysis of the current situation to develop a mutual understanding and respect between seniors and the balance of the community; 2. Promote new and improved programs of service to older residents in cooperation with peer boards and commissions as well as the City Manager; 3. Review the effectiveness of programs presently being used and, when necessary, recommend modification, redirection, and use of alternate or additional resources; 4. Work together with City, county, state and federal agencies in developing programs for the older residents; 5. Actively encourage local retirement clubs, churches and senior groups to exchange ideas on programs, activities and social action which will benefit seniors and decrease their isolation from the community; 6. Promote intergenerational programs that will cause and result in an interchange of ideas and activities between the elderly and the youth of our community; 7. Determine the extent of, and make recommendations with regard to, senior citizen involvement and participation in the processes of government; 8. Provide a forum for senior citizens to bring specific problems; 9. Periodically prepare comprehensive reports to the City Council describing the Commission’s activities, accomplishments and recommendations as to future efforts; 2022/11/08 City Council Post Agenda Page 635 of 719 Page 10 of 63 Attachment 1 10. Establish a list of priorities on needs and programs and to advocate appropriate action by the City Council in accordance with the list of needs and programs. (Ord. 3211 § 11, 2011; Ord. 2016 § 1, 1982). 2.37.040 Membership. The Commission on Aging shall consist of seven members, to be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. The members shall be representative of the total racial, religious, ethnic and social spectrum of the senior citizens. (Ord. 3211 § 11, 2011; Ord. 2016 § 1, 1982). 2.37.050 Meeting frequency. The Commission’s meeting schedule shall include at least one regular meeting every two months, at the day, time, and location established by written resolution of the Commission. (Ord. 3435 § 1, 2018; Ord. 3211 § 11, 2011). 2.37.060 Funding. In the event that private funds or funds from other governmental agencies are made available for special projects, surveys, educational programs or general program support, the City Manager is authorized, upon recommendation of the Commission and approval of the City Council, to enter into appropriate contracts for the utilization of such funds in furtherance of the purpose and intent and the duties and functions of the Commission. (Ord. 3211 § 11, 2011; Ord. 2016 § 1, 1982). [CHAPTER 2.38 INTERNATIONAL FRIENDSHIP COMMISSION] Chapter 2.38 INTERNATIONAL FRIENDSHIP COMMISSION 2.38.010 Creation. There is created the International Friendship Commission. The provisions of Article VI of the City Charter, Chapter 2.25 CVMC and this chapter shall govern this Commission. (Ord. 3211 § 12, 2011; Ord. 2085 § 1, 1984; Ord. 1206 § 1, 1969; prior code § 2.9). 2.38.020 Functions and duties. The functions and duties of the International Friendship Commission shall be as follows: A. Recommend to the City Council a city (or cities) in a foreign land or lands, with which, in its opinion, it would be appropriate for the City of Chula Vista to carry on and promote cultural and economic interchange. Such city or cities, when finally chosen by the City Council, may be referred to as a sister city; B. Further the economic cooperation, cultural interchange and mutual understanding on the basis of mutual friendship and amity between the City and such sister city or cities, as well as other foreign communities both local and national wherein the City has economic and cultural interests; 2022/11/08 City Council Post Agenda Page 636 of 719 Page 11 of 63 Attachment 1 C. Plan, develop and carry out mutual economic and cultural activities with the counterpart commission in the foreign land or lands, and with the officials and citizens of such sister city or cities, and such other local and national foreign communities. (Ord. 3211 § 12, 2011; Ord. 1206 § 1, 1969; prior code § 2.10). 2.38.030 Membership. The International Friendship Commission shall consist of nine members, to be appointed by the City Council in accordance with the provisions of Article VI of the City Charter and Chapter 2.25 CVMC. (Ord. 3211 § 12, 2011). 2.38.040 Meeting frequency. The Commission’s meeting schedule shall include at least one regular meeting per month, at the day, time, and location established by written resolution of the Commission. (Ord. 3435 § 1, 2018; Ord. 3211 § 12, 2011; prior code § 2.12). 2.38.050 Recommendations subject to City Council approval. After the International Friendship Commission has submitted to the City Council the name of an appropriate city or cities in a foreign land or lands, the City Council shall have the power, upon receiving the recommendation of the Commission, to accept or reject the Commission’s recommendation. (Ord. 3211 § 12, 2011; Ord. 1206 § 1, 1969; prior code § 2.13). 2.38.060 Authorized expenditures. If sufficient funds are provided in the annual budget, the International Friendship Commission may expend funds for the following purposes: A. Visits or expenses incurred by reason of visits by official sister city dignitaries to the City. B. Sister city cultural visitors, such as Odawara’s Lantern Dancers. C. Sister city student visitors. D. Gifts for official representatives of sister cities. E. Two receptions per year for all foreign exchange students in Chula Vista. F. Other expenditures as may be approved by the City Council on a case-by-case basis. (Ord. 3211 § 12, 2011). [CHAPTER 2.40 GROWTH MANAGEMENT OVERSIGHT COMMISSION] Chapter 2.40 GROWTH MANAGEMENT OVERSIGHT COMMISSION 2.40.010 Creation. 2022/11/08 City Council Post Agenda Page 637 of 719 Page 12 of 63 Attachment 1 There is hereby created a Growth Management Oversight Commission. The provisions of Article VI of the City Charter, Chapter 2.25 CVMC and this chapter shall govern this Commission. (Ord. 3211 § 14, 2011; Ord. 2447 § 1, 1991; Ord. 2129 § 1, 1985). 2.40.020 Purpose and intent. It is the purpose and intent of the City Council in establishing the Growth Management Commission to create an advisory body to provide an independent annual review of the effectiveness of the General Plan regarding development issues. The Commission should use the threshold criteria to make determinations regarding the impact of development on the “quality of life” in Chula Vista, publish findings and make recommendations regarding those findings. (Ord. 3211 § 14, 2011; Ord. 2447 § 1, 1991; Ord. 2129 § 1, 1985). 2.40.030 Functions and duties. The functions and duties of the Growth Management Oversight Commission are as follows: A. Consider the quality of life threshold standards set forth in the growth management plan (and, when adopted, in the new growth management ordinance) and make determinations, or recommendations, as appropriate, regarding the following: 1. Whether compliance with the thresholds has been met on both a project and cumulative basis; 2. Whether each threshold is appropriate for its goal; 3. Whether any new threshold should be adopted for any issue; 4. Whether any new issues should be added to or deleted from the thresholds analysis group; 5. Whether the City has been using fees and funds derived from developers for the intended purpose; 6. Whether enforcement is being achieved. B. Annually, on or before June 30th, make and publish its findings and recommendations, including those for imposition of a moratorium or formal “statement of concern” regarding water, sewer, schools, and air quality thresholds. C. The Commission’s annual report shall be forwarded to City Council in a timely manner through the Planning Commission. D. Annually review implementation of the Growth Management Element of the General Plan and the growth management program. Such review shall include the adequacy of master facility plans to account for the effective use of public facilities required by future growth in connection with the planning and phasing of development projects. (Ord. 3211 § 14, 2011; Ord. 2447 § 1, 1991; Ord. 2129 § 1, 1985). 2.40.040 Membership. A. The Commission shall consist of nine voting members and up to three ex officio members to be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. B. The voting members shall be appointed as follows: 2022/11/08 City Council Post Agenda Page 638 of 719 Page 13 of 63 Attachment 1 1. Four of the members shall be appointed based on the City Council district in which they reside. This classification of members shall be comprised of one resident from each of the four City Council districts. Those members shall reside in their respective City Council districts at the time of their appointment and shall reside in their respective City Council districts for the duration of their membership on the Commission. 2. One member shall represent local educational interests. 3. One member shall represent development interests. 4. One member shall represent environmental interests. 5. One member shall represent business interests. 6. One member shall be a member of the Planning Commission. C. The members shall be appointed in accordance with the full Council interview appointment process specified in CVMC 2.25.052(B). (Ord. 3490 § 1, 2020; Ord. 3435 § 1, 2018; Ord. 3211 § 14, 2011; Ord. 2447 § 1, 1991; Ord. 2129 § 1, 1985). 2.40.050 Meeting frequency. The Commission’s meeting schedule shall include at least two regular meetings per month, at the day, time, and location established by written resolution of the Commission. (Ord. 3435 § 1, 2018; Ord. 3211 § 14, 2011; Ord. 2447 § 1, 1991; Ord. 2129 § 1, 1985). [CHAPTER 2.41 PARKS AND RECREATION COMMISSION] 2.41.040 Membership. A. The Parks and Recreation Commission shall consist of seven Vvoting Mmembers and one Youth Advisory Member appointed by the City Council from the registered voters of the City in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. 1. Three voting seats shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). 2. The four remaining voting seats are nominated by a particular Council district seat and appointed in accordance with the district based appointment process specified in CVMC 2.25.052(C). Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. 3. The Youth Advisory Member shall meet the qualifications of specified in CVMC 2.25.030(E) and shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). 2022/11/08 City Council Post Agenda Page 639 of 719 Page 14 of 63 Attachment 1 B. In the event the City Council contracts with other agencies interested in recreation and parks for joint exercise of any functions, the contract may provide that the other agencies may have representation on the Commission during the term of the contract. [CHAPTER 2.42 PLANNING COMMISSION] 2.42.015 Purpose and Intent. The purpose of this chapter is to supplement City Charter Section 605, establishing the Planning Commission and setting forth its powers and duties. It is the intent of the City Council that the Planning Commission shall additionally meet the certified local government requirements, as defined by the national Historic Preservation Act, and serve as the authority on historic preservation matters and advise the Council and other City Boards and Commissions, as needed, on historic preservation matters, as is mandated by CVMC Title 21, Historic Preservation.. If there is any conflict between this chapter and the Charter, the Charter shall govern. 2.42.020 Functions and duties. A. In accordance with Charter Section 606, the Planning Commission shall have the power and duty to: 1.A. Recommend to the City Council, after a public hearing, the adoption, amendment, or repeal of a Master Plan or any part thereof for the physical development of the City; and. 2B. Exercise such functions with respect to land subdivisions, planning and zoning as may be prescribed by ordinance. B. Additionally, the Planning Commission shall have the power and duty, in accordance with CVMC 21.02.030 to:C. 1. Approve Major Certificates of Appropriateness and Historic Designations. 2D. Uphold the goals and policies of the General Plan related to historic preservation. 3E. Carry out the purpose and intent of CVMC Title 21, Historic Preservation. 4F. Assist staff in the development and maintenance of a certified historic preservation program that carries out the provisions of the certified local government program. 5G. Approve designations of historical resources to the City of Chula Vista Register of Historical Resources. 6H. Recommend to City Council delistings from the City of Chula Vista Register of Historical Resources. 7I. Grant or deny applications for permits for major alterations of historical resources. 8J. Grant or deny appeals from decisions of the Zoning Administrator for applications of minor alterations of historical resources. 9K. Make recommendations to City Council on applications for participation in City approved historic preservation incentive programs including but not limited to the Mills Act Property Tax Abatement Program. 2022/11/08 City Council Post Agenda Page 640 of 719 Page 15 of 63 Attachment 1 10L. Advise the City Council and other boards, commissions and committees as necessary on historic preservation issues. 11M. Perform other functions as appropriate to safeguard the City’s historic, aesthetic, social, economic, political and architectural past. [CHAPTER 2.44 SAFETY COMMISSION] Chapter 2.44 TRAFFIC SAFETY COMMISSION 2.44.010 Creation. There is created and established the Traffic Safety Commission. The provisions of Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter shall govern this Commission. 2.44.020 Functions and duties. The duties of the Traffic Safety Commission shall be to conceive and develop ideas or suggestions that would specifically or generally contribute to the improvement of personal or property safety within the City area, receive and process such ideas from any individual or groups of individuals, and after such suggestions have been given careful consideration and study by memberMembers, both individually and collectively, make appropriate recommendations, by resolution, to the City Council. All recommendations shall be considered and acted upon favorably or unfavorably. The scope of the operations of the Commission may embrace any hazardous condition, whether it be physical or material, that would jeopardize human safety, or cause damage to property both within and outside the home or industry; provided, however, that the basic function of the Commission shall be related to matters of vehicular or pedestrian traffic safety within the public rights-of-way in the City and safety hazards that may exist on or about publicly owned land and facilities. 2.44.030 Membership. The Traffic Safety Commission shall consist of seven memberMembers who shall be appointed in accordance with Article VI of the City Charter and Chapter 2.25 CVMC. [CHAPTER 2.45 BOARD OF LIBRARY TRUSTEES] 2.45.040 Membership. The Board of Library Trustees shall consist of five Vvoting Mmembers appointed by the City Council from the registered voterRegistered Voters of the City and one Youth Advisory Member. The City Council may change the number of memberMembers comprising the Board by ordinance. [CHAPTER 2.47 HEALTHY CHULA VISTA ADVISORY COMMISSION] 2022/11/08 City Council Post Agenda Page 641 of 719 Page 16 of 63 Attachment 1 Chapter 2.47 HEALTHY CHULA VISTA ADVISORY HEALTH, WELLNESS, AND AGING COMMISSION* 2.47.010 Creation. The Healthy Chula Vista Advisory Health, Wellness, and Aging Commission, originally named the Healthy Chula Vista Advisory Commission, was created as a result of the Healthy Chula Vista Action Plan adopted January 5, 2016. The Healthy Chula Vista Advisory Commission was combined with the Commission on Aging in 2022 to create a comprehensive advisory body that incorporated health, wellness, and aging matters. The general rules governing boards and commissionsBoards and Commissions set forth in Chapter 2.25 CVMC shall govern the Healthy Chula Vista Advisory BoardHealth, Wellness, and Aging Commission, except as specifically provided below. 2.47.020 Purpose and intent. It is the purpose and intent of the City Council, in establishing the BoardCommission, to create an advisory and coordinating body which is to serve as a resource to advise and to make recommendations to the City Council and City Manager on health , wellness-, and aging-related policies and opportunities, including the General Plan, under the Healthy Chula Vista InitiativeAction Plan, and Age-Friendly Action Plan that would benefit the community, as well as provide a forum for older adults and the community to bring forward public health and aging matters. 2.47.030 Functions and duties. The functions and duties of the Healthy Chula Vista Advisory Health, Wellness, and Aging Commission shall be as follows: A. Serve as an advisory body to the City Council and City Manager. B. Periodically assess the health, wellness, and aging needs of the residents of Chula Vista and review health- , wellness-, and aging- related policies and strategies, including the General Plan, and Healthy Chula Vista Action Plan, and Age-Friendly Action Plan, to make recommendations to improve said plans to address identified community health, wellness, and aging needs. C. Serve as a forum for older adults and the community to bring forward public health and aging matters. CD. Perform such others functions or duties as may be delegated by the City Council. 2.47.040 Membership. A. The Healthy Chula Vista AdvisoryHealth, Wellness, and Aging Commission shall consist of nine Vvoting Mmembers and one Youth Advisory Member, to be nominated and appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. 1. Five Vvoting Mmembers shall have expertise and experience in at least one of the focus areas of the Healthy Chula Vista Action Plan or the Age-Friendly Action Plan: land use, transportation, nutrition, health care, physical activity, and/or environment, and/or older adults. These memberMembers shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). 2022/11/08 City Council Post Agenda Page 642 of 719 Page 17 of 63 Attachment 1 2. The four remaining voting seats shall be nominated by a particular Council district seat and appointed in accordance with the district based appointment process specified in CVMC 2.25.052(C). Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. 3. The Youth Advisory Member shall meet the qualifications of specified in CVMC 2.25.030(E) and shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). [CHAPTER 2.49 HISTORIC PRESERVATION COMMISSION] Chapter 2.49 HISTORIC PRESERVATION COMMISSION 2.49.010 Creation. There is hereby created a Historic Preservation Commission. (Ord. 3197 § 3, 2011). 2.49.020 Purpose and intent. It is the purpose and intent of the City Council in establishing the Historic Preservation Commission to create a commission that meets the certified local government requirements, as defined by the national Historic Preservation Act, which would serve as the authority on historic preservation matters, and that would advise the Council and other City boards and commissions, as needed, on historic preservation matters as is mandated by CVMC Title 21, Historic Preservation. (Ord. 3197 § 3, 2011). 2.49.030 Functions and duties. The function and duties of the Historic Preservation Commission shall be as follows: A. Uphold the goals and policies of the General Plan related to historic preservation. B. Carry out the purpose and intent of CVMC Title 21, Historic Preservation. C. Assist staff in the development and maintenance of a certified historic preservation program that carries out the provisions of the certified local government program. D. Ensure that appropriate historic contexts are identified and utilized for resource interpretation, evaluation, and recognition. E. Assist staff in the preparation and maintenance of a historical resources survey of recognized and potentially historically and architecturally significant structures and areas. F. Approve designations of historical resources to the City of Chula Vista Register of Historical Resources. G. Recommend to City Council delistings from the City of Chula Vista Register of Historical Resources. H. Grant or deny applications for permits for demolition, or major alterations of historical resources. I. Grant or deny appeals from decisions of the Zoning Administrator for applications of minor alterations of historical resources. 2022/11/08 City Council Post Agenda Page 643 of 719 Page 18 of 63 Attachment 1 J. Encourage public understanding of and involvement in the unique historical, architectural, and environmental heritage of the City through educational programs. K. Explore means and support implementation strategies for the protection, retention and use of any historical resource, historic preservation district, or potential historical resource. L. Support the use of incentives and benefits for the protection, retention, and preservation of historical resources. M. Make recommendations to City Council on applications for participation in City approved historic preservation incentive programs including but not limited to the Mills Act Property Tax Abatement Program. N. Encourage cooperation between public and private historical and cultural preservation groups. O. Advise the City Council and other boards, commissions and committees as necessary on historic preservation issues. P. Perform other functions as appropriate to safeguard the City’s historic, aesthetic, social, economic, political and architectural past. (Ord. 3197 § 3, 2011). 2.49.040 Membership. The Historic Preservation Commission membership shall follow the provisions of CVMC 2.25.030 through 2.25.060 and shall consist of seven members to be appointed by the Mayor and confirmed by the City Council from the qualified voters of the City in a manner prescribed in accordance with the provisions of Section 600 et seq. of the City Charter. A minimum of four members shall be appointed from among professionals in the disciplines of history, architecture, architectural history, planning, prehistoric archaeology, folklore, cultural anthropology, curation, conservation, landscape architecture or related disciplines. In addition, at least one member should be a California licensed real estate agent, and all seven members shall demonstrate an interest, competence or knowledge in historic preservation. (Ord. 3197 § 3, 2011). 2.49.050 Term of office. Repealed by Ord. 3435, 2018. 2.49.060 Operation of the Commission. Operation of the Historic Preservation Commission shall follow the provisions of CVMC 2.25.170 through 2.25.280. A. Staff Support. All officers and department heads shall cooperate with, and render reasonable assistance to, the Commission. The City Manager may make available staff and clerical support to the Commission to fulfill its functions and duties, provided such staff and clerical support is available. (Ord. 3197 § 3, 2011). 2022/11/08 City Council Post Agenda Page 644 of 719 Page 19 of 63 Attachment 1 2.49.070 Vacancies. Repealed by Ord. 3435, 2018. 2.49.080 Meeting frequency. The Commission’s meeting schedule shall include at least one regular meeting per month, at the day, time, and location established by written resolution of the Commission. (Ord. 3435 § 1, 2018). [CHAPTER 2.61 MEASURE P CITIZENS OVERSIGHT COMMITTEE] 2.61.050 Composition – Qualifications – Nomination. A. Members. The COC shall be comprised of nine memberMembers, each with equal rights and standing to act and vote on COC matters. B. Qualifications Applicable to All Members. Per Charter Section 602(d), all COC memberMembers must be qualified electors of the City. A “qualified elector” of the City is a City resident that is qualified and registered to vote as a City resident. COC memberMembers must be qualified electors at the time they apply and must maintain such status throughout their tenure. No COC memberMember may be a current City employee or current elected City official per the requirements of Measure P (CVMC 3.33.160(D)). C. Designated Members. Four of the total nine COC memberMembers shall be nominated, apply, and serve as “Ddesignated mMembers.” Designated mMembers shall be nominated, one each, by the following nominating authorities (each a “nominating authority,” collectively the “nominating authorities”), subject to the additional membership qualifications, if any, specified for each: 1. Chula Vista Chamber of Commerce; nominee(s) must have expertise and experience in at least one of the following areas: accounting, finance, engineering, or a related discipline (including construction); 2. San Diego County Taxpayers Association; nominee(s) must have expertise and experience in at least one of the following areas: accounting, finance, engineering, or a related discipline (including construction); 3. Chula Vista Youth Sports Council; nominee(s) must be a Youth Sports Council Board Member; 43. Chula Vista Parks and Recreation Commission; nominee(s) must be from this Commission; 5. Chula Vista Growth Management Oversight Commission; nominee(s) must be from this Commission; 64. Sustainability Commission (formerly known as the Resource Conservation Commission); nominee(s) must be from this Commission; 75. San Diego and Imperial Counties Labor Council; 2022/11/08 City Council Post Agenda Page 645 of 719 Page 20 of 63 Attachment 1 86. Alliance of Californians for Community Empowerment, San Diego branch. D. Designated Member Appointment Process. Designated memberMembers shall be appointed in accordance with the designated memberDesignated Member appointment process identified below. 1. When a vacancy occurs, designated membersDesignated Members shall be selected for nomination by the nominating authorities specified in subsection Subsection (C) of this section Section that do not have a Designated Member designated member appointed to the COC (each an “unrepresented nominating authority,” collectively the “unrepresented nominating authorities”) at the time the vacancy occurs. If any of the unrepresented nominating authorities declines to exercise their nominating authority in a timely fashion, or if any ceases to function or exist, that party’s nominating authority may pass to a substantially similar organization if approved by the City Council. 2. Unrepresented nominating authorities shall submit the name and contact information for their nominee (“designated nomineeDesignated Nominee”) to the City Clerk on a form prescribed by the City Clerk. The City Clerk shall provide each Designated Nominee designated nominee with instructions to complete and submit the application to the City Clerk within a specified time period. Completed applications timely received by the City Clerk shall be forwarded to the Mayor. 3. The Mayor shall interviewInterview all Designated Nominee designated nominees who timely complete applications, and thereafter may make nominations for appointment as provided in subsection Subsection (D)(4) of this sectionSection, subject to the City Council’s approval. 4. After completing interviewInterviews in accordance with subsection Subsection (D)(3) of this sectionSection, the Mayor may make a nomination to the City Council or may reject the proposed nomination. If the Mayor rejects a proposed nomination, the Mayor may request additional submittal for a Designated Nomineedesignated nominee. Once rejected, a Designated Nominee designated nominee may not be resubmitted for the term at issue, but may be submitted for consideration for future terms. E. At-Large Members. Five of the total nine COC memberMembers shall apply and serve as representatives of the City “at-large.” Expertise and experience in accounting, finance, engineering, or a related discipline (including construction) is desirable but is not required. At-large memberMembers shall be comprised of the following: 1. One memberMember may be a resident of any one of the four districts and shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). 2. The four remaining memberMembers shall be nominated by a particular Council district seat and appointed in accordance with the district-based appointment process specified in CVMC 2.25.052(C). Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. [CHAPTER 2.63 MEASURE P CITIZENS OVERSIGHT COMMITTEE] 2022/11/08 City Council Post Agenda Page 646 of 719 Page 21 of 63 Attachment 1 2.63.050 Composition – Qualifications – Nomination. A. Members. The COC shall be comprised of 12 11 memberMembers, each with equal rights and standing to act and vote on COC matters. B. Qualifications Applicable to All Members. Per Charter Section 602(d), all COC memberMembers must be qualified electors of the City. A “qualified elector” of the City is a City resident that is qualified and registered to vote as a City resident. COC memberMembers must be qualified electors at the time they apply and must maintain such status throughout their tenure. C. Designated Members. Eight Seven of the total 1211 COC members shall be nominated, apply and serve as “designated membersDesignated Members.” Designated memberMembers shall be nominated, one each, by the following nominating authorities (each a “Nominating Authority,” collectively the “Nominating Authorities”), subject to the additional membership qualifications, if any, specified for each: 1. Chula Vista Chamber of Commerce; nominee(s) must be a member of the Chamber; 2. Chula Vista Police Officers Association (POA); nominee(s) must be an active member of this association; 3. Chula Vista International Association of Fire Fighters (IAFF); nominee(s) must be an active member of this association; 4. Chula Vista Growth Management Oversight Commission; nominee(s) must be from this Commission; 54. Association of Chula Vista Employees (ACE); nominee(s) must be an active member of this association; 65. Chula Vista Fire Chief; 76. Chula Vista Police Chief; 87. Chula Vista Middle Managers/Professional Employee Group (MM/PROF). Designated memberMembers shall be appointed in accordance with the designated memberDesignated Member appointment process specified in CVMC 2.25.052(D). D. At-Large Members. Four of the total 12 COC memberMembers shall apply and serve as representatives of the City “at-large.” At-large memberMembers shall be comprised of one resident from each of the four City Council districts and shall be nominated by a particular Council district seat and appointed in accordance with the district based appointment process specified in CVMC 2.25.052(C). Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. 2022/11/08 City Council Post Agenda Page 647 of 719 Page 22 of 63 Attachment 1 2.63.110 Dissolution date. The COC may be disbanded following the implementation of “Phase I” critical needs, as reported in the Intended Public Safety Expenditure Plan and if the City Council elects to disband the COC, the City’s Growth Management Oversight Commission, or an alternative a citizens’ group or committee designated by the City Council, shall be responsible for reporting to the City Council, in a manner determined by the City Council, regarding the collections and expenditure of Measure A revenues and the resulting impacts on public safety. 3.34.160 Citizens’ oversight and accountability. In order to provide for citizens’ oversight, transparency and accountability in connection with expenditures of tax revenues generated under the terms of this chapter, the City shall do the following: A. Line Item Accounting. All revenue generated by the tax (“Measure A revenues”) shall be accounted in the general fund as a separate line item entitled “Local Transactions and Use Tax – Measure ‘A’ Revenues.” Measure A revenues and expenditures will be tracked and accounted for by City Finance Department staff in accordance with generally accepted accounting principles (GAAP), and presented annually in a report (the “Finance Department Report”) to the Citizens’ Oversight Committee (“COC”) created pursuant to subsection Subsection (D) of this sectionSection. B. Annual Submittal of Measure A Public Safety Expenditure Plan. If Measure ‘A’ is approved by the voters, beginning in fiscal year 2018-2019, and for each subsequent year, prior to City Council consideration of the City’s annual budget, City staff will prepare and present to the COC for its review a spending plan for the Measure ‘A’ Revenues. Such plan (the “Measure ‘A’ Spending Plan”) shall be (1) consistent with the City Council Intended Public Safety Expenditure Plan approved concurrently with the ordinance codified in this chapter; (2) include specific proposals for near term expenditures; and (3) a plan for expenditures for the next 10 years to address the “Phase I” critical needs described therein. After review by the COC, the Measure ‘A’ Spending Plan for the upcoming fiscal year shall be incorporated into the City Manager’s proposed budget, and then presented to the City Council for its consideration and action, in its discretion, as part of the City’s annual budget process. The City Council must consider for approval the expenditure of projected Measure ‘A’ revenues as a separate line item category in each year’s budget. The COC’s duties under this sectionSection shall continue until and unless the City Council appoints another commission, committee, or group to be responsible for reporting to the City Council, pursuant to subsection Subsection (D) of this sectionSection. C. Annual, Independent Audit. Beginning with the fiscal year 2018-2019, the City’s independent auditors shall, as part of their annual audit of the City’s financial statements, review the collection and expenditure of Measure ‘A’ revenues. D. Measure A Oversight Committee. Prior to the Operative Date, the City shall create and convene a Citizens’ Oversight Committee (“COC”). The function of the COC shall be to review and report on City compliance with the terms of this chapter and the spending guidelines contained in the City Council Intended Public Safety Expenditure Plan and each Measure A Spending Plan presented to and approved by the City 2022/11/08 City Council Post Agenda Page 648 of 719 Page 23 of 63 Attachment 1 Council thereafter. The COC shall operate in accordance with the Ralph M. Brown Act, which includes requirements that meetings be noticed in advance and held in public. The COC shall be created by City Council ordinance consistent with the terms of this section adopted no later than 150 days following the date of the election at which Measure A is approved by the voters. The COC may be disbanded following the implementation of “Phase I” critical needs, as reported in the Intended Public Safety Expenditure Plan. If the City Council elects to disband the COC, the City’s Growth Management Oversight Commission, or an appropriate alternative citizens’ group or committee designated by the City Council, shall be responsible for reporting to the City Council, in a manner to be determined by the City Council, regarding the collection and expenditure of Measure A Revenues and the resulting impacts on public safety. [TITLE 10: VEHICLES AND TRAFFIC] 10.04.020 Intent and purpose of provisions. A. It is the purpose and intent of the City Council in adopting this title to provide a convenient compilation of the rules and regulations governing and controlling the movement of motor vehicles and traffic in Chula Vista. These rules and regulations are further intended to supplement the regulations contained in the Vehicle Code of the state of California in those instances where the subject matter is not covered by state traffic laws, and to adopt local regulations where express power is granted to local authorities to control particular subject matter. It is the purpose of this title to provide standards and guidelines for the administration of motor vehicles and traffic regulations for those departments charged with such responsibility in the City. Certain definitions and regulations contained herein incorporate the exact language of the Vehicle Code of the state of California and should be cited with reference to the code sections of the Vehicle Code as indicated. If any definitions or regulations are not contained herein, or if definitions or regulations contained herein are inconsistent with the Vehicle Code, such definitions or regulations as found in the Vehicle Code as it exists or as it may be amended shall apply. B. It is further the purpose and intent of the City Council by enacting Ordinance 2670, which amends CVMC Title 10 to delegate to the City Engineer the responsibility and authority to adopt and promulgate traffic and parking control measures pursuant to the standards promulgated by the California Vehicle Code and the California Department of Transportation (Caltrans) Traffic Manual, with the concurrence of the Safety CommissionTraffic Safety Commission, that such enactment and process constitute the enactment of an ordinance or resolution when required by the language of certain sections within Division 11 of the California Vehicle Code, through which traffic and parking control is to be exercised and effected within the jurisdictional limits of the City of Chula Vista. C. It is further the intent of the City Council, and it is hereby so authorized, that the City Engineer, upon the concurrence of the Safety CommissionTraffic Safety Commission pursuant to CVMC 10.04.030, shall have the power and authority to adopt, amend, alter or modify any regulation, as defined by CVMC 10.08.195, which creates or establishes a traffic or parking control measure. Where a traffic or parking control measure has been previously adopted by ordinance or resolution of the City Council, that regulation may be hereafter modified or abrogated by the City Engineer pursuant to the process outlined in CVMC 10.04.030. 2022/11/08 City Council Post Agenda Page 649 of 719 Page 24 of 63 Attachment 1 10.04.030 Regulation and maintenance of schedules of streets and zones subject to regulatory provisions. A. Subject to subsection Subsection (G) of this sectionSection, the City Council, at the concurrence of the City Manager, hereby delegates the authority and responsibility to establish and maintain vehicular and pedestrian traffic and parking control measures, standards and requirements in the public right-of-way to the City Engineer after review by the Safety CommissionTraffic Safety Commission, unless, on affirmative vote of the majority of the membership of the Safety CommissionTraffic Safety Commission, the Commission objects to the proposed action by the City Engineer, in which case the matter shall be referred to the City Council, and the authority as to such matters shall thereafter be revested in the City Council to be exercised upon the affirmative vote of at least three members of the City Council. B. The Safety CommissionTraffic Safety Commission may not initiate or order the implementation of a traffic control measure, but may recommend to the City Engineer the consideration of a proposed traffic or parking control measure. If the City Engineer declines to implement a traffic or parking control measure recommended by the Safety CommissionTraffic Safety Commission, the Safety CommissionTraffic Safety Commission may refer the matter to the City Council, and following such referral, the authority to implement or order the particular traffic safety measure recommended by the Safety CommissionTraffic Safety Commission shall be vested in the City Council. C. The Safety CommissionTraffic Safety Commission shall utilize the standards and procedures established in the California Vehicle Code and the State of California (Caltrans) Traffic ManualState of California Manual on Uniform Traffic Control Devices (CA MUTCD) in its deliberations and recommendations, but may base its recommendations to the City Engineer, or City Council when applicable, upon other matters of public policy affecting traffic safety. D. The City Engineer shall exercise the responsibility and authority hereby delegated for the determination, design, administration and enforcement of traffic and parking control measures and installation of devices consistent with the standards and warrants contained in the latest effective edition of the State of California Traffic Manual as amended, a copy of which is on file in the office of the City Engineer. The City Engineer shall promptly file any amendments to or later editions of the State of California (Caltrans) Traffic ManualState of California Manual on Uniform Traffic Control Devices (CA MUTCD) or successor manuals promulgated by the state of California pursuant to the authority of the California Vehicle Code and, upon filing, those standards will become applicable to the determinations and regulations adopted by the City Engineer. E. Except as provided in CVMC 10.52.070, no traffic control measure or parking control measure shall be enforceable, nor shall a violation be punishable, until an appropriate traffic control device or parking control device meeting the standards prescribed in subsection Subsection (D) of this sectionSection is posted or installed. Posting or installation shall be prima facie evidence of the legality of any traffic control measure or parking control measure adopted under this title. 2022/11/08 City Council Post Agenda Page 650 of 719 Page 25 of 63 Attachment 1 F. Administration and maintenance of records by the City Engineer shall be as follows: 1. The City Engineer shall maintain all regulations under this title and provide the Chief of Police copies of all administrative interpretations and determinations made pursuant to this sectionSection which govern the installation and administration of traffic control measures and parking control measures in the City of Chula Vista. 2. The City Engineer shall maintain a register of all schedules which establish parking and traffic control measures for streets within the City, and shall incorporate into those schedules the streets, zones and intersections and restrictions or limitations previously listed in Schedules I through XVI as were previously codified in this title prior to their repeal by Ordinance 2670. The repeal or amendment of those sections by Ordinance 2670 is intended to merely delete reference to the street designations within the text of the Municipal Code. Parking and traffic control measures upon those streets, zones and intersections shall be administered by the City Engineer pursuant to this sectionSection. G. Exceptions. The City Council reserves the right to enact ordinances and resolutions, and the City Engineer shall make recommendations to the Council, as appropriate, on the following matters: 1. Traffic control measures budgeted by the City as a capital improvement project budget. 2. Regulations adopted pursuant to California Vehicle Code Section 21101(a) and (c). 3. Traffic control measures affecting community businesses, and having an impact on the availability of parking within business districts including, but not limited to, angle parking and installation of parking meters. 4. Parking and traffic regulations on private property and roads pursuant to California Vehicle Code Sections 21107 and 21107.8. 5. Ordinances or resolutions which amend, modify or restrict the authority of the City Engineer or which establish policy to guide the City Engineer’s exercise of authority pursuant to this code. 6. Establishment of parking meter zones and parking fees pursuant to Vehicle Code Section 22508. 7. Establishment of speed limits pursuant to California Vehicle Code Sections 22357 and 22358. H. Emergency, Special Events and Road Construction Events. The City Engineer’s authority regarding the adoption of traffic and parking control measures for emergencies and road construction is as follows: 1. Road Construction. The authority to establish and maintain traffic control measures for road construction events shall be vested solely in the City Engineer, unless overruled by the affirmative vote of three members of the City Council. Referral to and concurrence of the Safety CommissionTraffic Safety Commission are not required. The City Engineer shall, under the following circumstances, advise the Council a minimum of seven days in advance in writing of the following proposed traffic control measures exercised under the authority of this subsection: 2022/11/08 City Council Post Agenda Page 651 of 719 Page 26 of 63 Attachment 1 a. The proposed measure may involve complete road closures on any road; b. The proposed measure may involve significant interference with traffic on high volume roads; c. The proposed measure may involve long-term partial road closures on any road; d. The proposed measure may involve interference with access to any business; e. The proposed measure may involve the rerouting of traffic through residential areas. 2. Emergency Traffic Regulations. The City Engineer may enact emergency traffic regulations with the concurrence of the Chief of Police when necessary to immediately preserve the public health, safety and welfare, and shall report the same to the City Council within seven days. Emergency traffic regulations shall remain valid and effective until set aside or modified by the City Council. Referral to the Safety CommissionTraffic Safety Commission is optional. 3. Special event regulations establishing and maintaining traffic control measures for special events and community events using the public right-of-way. 10.04.040 Criminal provisions and administrative remedies. A. General Provisions. It is unlawful for any person to disobey the directions of any traffic control device or parking control device within the City of Chula Vista. This sectionSection shall be cited as authority except when a more specific provision is contained in the California Vehicle Code or elsewhere in this title, in which case the more specific provisions will be used. B. Administrative Remedy. Any person who contends that a traffic or parking control measure or device was not promulgated or installed according to the regulations contained in this title or the California Vehicle Code may petition the Safety CommissionTraffic Safety Commission to examine the matter, and may appeal that determination to the City Council within 10 days following. 10.12.020 City Engineer powers and duties. The City Engineer shall: A. Except where reserved by the City Council pursuant to Council policy or as set forth in CVMC 10.04.030(G), the City Engineer, with the concurrence of the Safety CommissionTraffic Safety Commission, shall have the power to adopt traffic and parking control measures and install, modify or alter traffic and parking control devices; and B. Determine the installation, proper timing and maintenance of official traffic control devices, conduct engineering analysis of traffic accidents and devise remedial measures, conduct engineering investigation of traffic conditions, and cooperate with other City officials in the development of ways and means to improve 2022/11/08 City Council Post Agenda Page 652 of 719 Page 27 of 63 Attachment 1 traffic conditions. Whenever, by the provisions of this code, a power is granted to the City Engineer or a duty imposed upon him, the power may be exercised or the duty performed by his deputy or by a person authorized in writing by him. Whenever the City Engineer makes a determination authorized by this chapter, pursuant to the provisions of the California Vehicle Code, the violation of which is a misdemeanor, said determination shall promptly be filed in writing by the City Engineer, with a copy filed with the Chief of Police, so that enforcing officials shall be aware of any changes or modifications of regulatory determinations; and C. Initiate and recommend necessary legislation for the efficient operation of traffic and the prevention of traffic accidents; and D. Maintain schedules relating to parking and traffic control measures and devices on City streets as provided by regulations promulgated pursuant to this code. 10.87.050 City Council consideration and action. The City Council shall consider a petition for designation of residential permit parking district presented in compliance with the terms of this chapter, the Safety CommissionTraffic Safety Commission’s recommendation, and the City Manager’s recommendation with respect thereto at a public hearing. After the conduct of such public hearing and its consideration of (A) the City Manager’s report and recommendation, (B) any and all testimony presented in favor or against the petition, and (C) the designation criteria set forth in CVMC 10.87.070, and (D) the Safety CommissionTraffic Safety Commission’s recommendation, the City Council may approve, disapprove or decline to act on any district petition in its discretion. Any City Council resolution approving the designation of a district shall include, at a minimum (A) the applicable parking regulations, (B) the period of the day or week for their application, (C) the fee to be charged upon permit issuance, and (D) findings of compliance with the terms of this chapter. The City Council resolution may also limit the number of resident or guest permits issued to a resident if a limitation would further the goals of the residential parking permit program. [TITLE 19: PLANNING AND ZONING] Chapter 19.09 GROWTH MANAGEMENT 19.09.010 Purpose/intent, policies and findings. A. Purpose/Intent. The purpose and intent of this chapter are to: (1) implement the policy framework established by Chula Vista’s General Plan for Chula Vista’s growth management program; (2) codify threshold standards designed to assure that, as new development occurs, public facilities, infrastructure and services will exist, or concurrently be provided, to meet the demands generated by new development, and service levels to existing residents will not be reduced; and (3) establish administration and compliance mechanisms. 2022/11/08 City Council Post Agenda Page 653 of 719 Page 28 of 63 Attachment 1 B. Policies. It is the policy of the City of Chula Vista to: 1. Provide that public facilities, infrastructure and services meet the threshold standards set forth in this chapter, and are provided in advance of, or concurrent with, the demands created by new development; 2. Assure that individual development projects measure potential impacts upon public facilities, infrastructure and services, and provide a plan for funding improvements needed to meet the threshold standards set forth in this chapter; 3. Provide quality housing opportunities for all economic segments of the community; 4. Provide a balanced community with adequate commercial, industrial, recreational and open space areas to support the residential areas of the City; 5. Balance the regional housing needs against the public service needs of Chula Vista residents and available fiscal resources, environmental constraints, and quality of life considerations; 6. Provide that all development is consistent with the Chula Vista General Plan; 7. Provide the City Council the regulatory framework to limit or prevent additional development if certain public facilities, infrastructure and services meeting the threshold standards set forth in this chapter are not provided in a timely, phased and logical manner, as required by the General Plan; 8. Control the timing and location of development by tying the pace of development to the provision that public facilities, infrastructure and services conform to the City’s threshold standards, and to meet the goals and objectives of the growth management program; 9. Promote orderly revitalization and redevelopment of older portions of the City, including the urban core and the commercial corridors; 10. Provide that the air quality of the City of Chula Vista is maintained consistent with applicable standards; 11. Require development to conserve water so that an adequate supply is maintained to serve the needs of current and future residents. C. Findings. The City Council of the City of Chula Vista hereby finds: 1. New development creates incremental demands for public facilities, infrastructure and services provided by the City and other public agencies serving the area. 2. New development demand for public facilities, infrastructure and services, if not concurrently met with expansion of public facilities, infrastructure and services, would result in facility and service shortages, including, but not limited to, streets, schools, libraries and general governmental facilities. 2022/11/08 City Council Post Agenda Page 654 of 719 Page 29 of 63 Attachment 1 These shortages would be detrimental to the public health, safety, and welfare of the citizens of Chula Vista. 3. The City has adopted and regularly updates facility master plans to ensure adequate infrastructure and services will be available to support the build-out demands of the adopted General Plan. 4. Since 1991, the City has maintained a growth management ordinance to achieve the purpose outlined in subsection (A) of this section, and has adopted a variety of related fee and funding programs to ensure that public improvements keep pace with growth. 5. Chula Vista’s adopted General Plan includes provisions requiring facilities and services in advance of, or concurrent with, growth. 6. Prohibiting or limiting development unless adequate public facilities, infrastructure and services are available in advance of, or concurrent with, development is consistent with the City’s policy to provide housing opportunities for all economic segments of the community. Development of housing for low- and moderate-income persons and families would most likely occur in areas of the City that are designated for highest development priority. 7. Adoption of this chapter will not adversely affect the regional welfare. By providing that adequate and safe public facilities, infrastructure and services will exist to serve all of the development in Chula Vista, and because many of these facilities and improvements are used by persons residing in neighboring areas and cities, the public health, safety and welfare of the whole region are enhanced. 8. This chapter will further the policies set forth above by: (a) requiring identification for all public facilities, infrastructure and services required as a result of development; (b) prohibiting or limiting development until adequate provisions for certain public facilities, infrastructure and services are made within the City, as herein provided; and (c) giving development priority to areas of the City where public facilities, infrastructure and services are already in place. 9. The City has influence upon, but not control of, the actions of other public agencies involved in providing services to the residents of Chula Vista, including school districts and water service purveyors. 19.09.020 Definitions. Whenever the following terms are used in this chapter, they shall have the meaning established by this section unless from the context it is apparent that another meaning is intended: A. “Air quality improvement plan” (AQIP) means a project-specific air quality improvement plan prepared and approved in accordance with CVMC 19.09.080 and Appendix A of the Growth Management Program Implementation Manual. B. “Available facility and service capacity” shall be determined by the Development Services Director, using generally accepted planning standards and criteria, including the threshold standards set forth in this chapter. 2022/11/08 City Council Post Agenda Page 655 of 719 Page 30 of 63 Attachment 1 Specific facility service capacity shall be determined by subtracting from the total capacity for a specific facility service the demand of existing development plus the demand that will be created by approved development. C. “Developed areas of the City” means those areas of a predominantly urban character where development has already occurred and public facilities, infrastructure and services serving that development are in place. D. “Development” means any land use, building or other alteration of land and construction incident thereto. E. “Development Services Director” or “Director” means the Director of the City’s Development Services Department or their designee. F. “Discretionary planning approval” means any permit, entitlement or approval issued under the authority of the zoning and subdivision titles of the Chula Vista Municipal Code (CVMC), and any legislative actions such as zone changes, General Plan amendments, sectional planning area (SPA) plans or general development plan approvals or amendments. G. “External public facilities and services” means the threshold standard topics that pertain to facilities and services provided from outside the City, such as schools, water and air quality. H. “Facilities” means any schools, public safety facilities, infrastructure, civic buildings, corporation yards, park/recreational areas or structures providing for fire, libraries, traffic controls, streets and highways, including curbs, gutters and sidewalks, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, lighting facilities or other governmental services, required to be identified in a public facilities finance plan. I. “Facility master plan” means any adopted master plan for future facility needs for services associated with the growth management program’s threshold standards, including, but not limited to: sewer, drainage, water, police, fire and emergency services, libraries and parks. J. “Facility and service capacity” means the maximum amount of development which could take place prior to increasing the number or size of a facility or the level of service as determined by applying the appropriate threshold standard. K. “Growth Management Program Implementation Manual” means a plan prepared and approved according to CVMC 19.09.030, which establishes compliance with the threshold standards, as provided in CVMC 19.09.040 and 19.09.050. L. “Moratorium” means building permits will not be issued for an area that has been identified as having a direct causal relationship to a specified threshold standard failure. City Council must make specific findings and follow specific procedures as provided in CVMC 19.09.070. 2022/11/08 City Council Post Agenda Page 656 of 719 Page 31 of 63 Attachment 1 M. “Project” means the activity for which either an application for a sectional planning area (SPA) plan, a tentative map (TM), a conditional use permit (CUP), or a similar activity has been or is required to be submitted and which may be subject to discretionary approvals by the City. N. “Public facilities finance plan (PFFP)” means a project-specific public facilities finance plan prepared and approved in accordance with CVMC 19.09.080 through 19.09.130 and Appendix C of the Growth Management Program Implementation Manual. O. “SPA plan” means a sectional planning area plan, as prescribed in Chapter 19.48 CVMC. P. “Statement of concern” means an implementation measure the Growth Management Oversight Commission (GMOC) may issue in its annual report: (1) for an external public facilities and services threshold standard, to highlight what action the City can take in order to solve a specified issue and encourage further or additional inter-agency cooperation/coordination. There may also be a recommendation for the issuance of correspondence or a resolution by the City Council to the external agency, if the situation so warrants, as determined by the GMOC; or (2) for a threshold standard that is currently failing or forecasted to fail, and may include elements dealing with City management and organization, budget priorities, and responsiveness to previous GMOC requests; or (3) in response to an overall or general quality of life consideration, irrespective to whether a particular threshold standard has been exceeded, or if it is a non-growth-related issue. It can offer a finding or make recommendations regarding City management, organization and budget priorities. Q. “Substantial compliance” means performance meeting the intent of the parties with respect to the obligations imposed pursuant to the PFFP. R. “Threshold standards” means those certain standards identified in CVMC 19.09.040 and 19.09.050 specifying the facilities and services required to support the present and future needs of the City. S. “Transportation monitoring program (TMP)” means the technical analysis of traffic operation on all urban and suburban arterials with average weekday traffic volumes greater than 20,000 vehicles per day. The TMP shall be based on the current Highway Capacity Manual, as may be amended from time to time. The technical analysis shall be conducted annually or as directed by the City Council in order to monitor actual traffic operations and to predict future traffic levels and related deterioration in the level of service. T. “Water conservation plan” means a project-specific water conservation plan prepared and approved in accordance with CVMC 19.09.080 and Appendix B of the Growth Management Program Implementation Manual. 19.09.030 Growth Management Program Implementation Manual. A. The City Council shall adopt, by resolution, a Growth Management Program Implementation Manual that specifies how the policies and threshold standards set forth in this chapter are to be implemented, and, in so doing, assure that new development does not occur unless public facilities, infrastructure and services consistent with the threshold standards are available in advance of, or concurrently with, development. 2022/11/08 City Council Post Agenda Page 657 of 719 Page 32 of 63 Attachment 1 B. The Growth Management Program Implementation Manual shall incorporate and interpret the threshold standards as set forth in this chapter. C. The Growth Management Program Implementation Manual shall incorporate, by reference, the adopted facility master plans prepared by certain City departments, and shall address air quality and fiscal issues. D. The Growth Management Program Implementation Manual shall provide procedures for implementing any limits on building permits established pursuant to CVMC 19.09.070, and address growth-related fiscal and economic issues. E. The Growth Management Program Implementation Manual shall define the contents of public facilities finance plans (PFFPs) that are required for all development projects pursuant to CVMC 19.09.080. F. The City Council shall appoint a Growth Management Oversight Commission (GMOC), and the GMOC shall annually prepare a report and, upon doing so, the GMOC shall submit such report to the Planning Commission for input and recommendation and to the City Council for their action. G. The City Council should annually review and, by resolution, act upon the Growth Management Oversight Commission’s annual report. H. Amendments to the Growth Management Program Implementation Manual may be initiated by action of the Planning Commission or City Council, or upon request of an applicant. The City Council shall act on the requested application. 19.09.040 Threshold standards for City facilities and services. Threshold standards for City facilities and services are those under the direct control of the City, and apply to eight public facility and services topics, including: drainage, fire and emergency services, fiscal, libraries, parks and recreation, police, sewer, and traffic. In order to provide that public facilities and services, government and other utility services, and improvements are adequate to meet present and future needs of the City, the City Council hereby adopts threshold standards for each facility or improvement listed below: A. Police. 1. Goal. To maintain and improve the current level of police service in the City of Chula Vista. 2. Objective. Ensure that police staff is adequately equipped and trained to provide police service at the desired level throughout the City. 3. Threshold Standards. 2022/11/08 City Council Post Agenda Page 658 of 719 Page 33 of 63 Attachment 1 a. Priority 1 – Emergency Calls1. Properly equipped and staffed police units shall respond to at least 81 percent of Priority 1 calls within seven minutes 30 seconds and shall maintain an average response time of six minutes or less for all Priority 1 calls (measured annually). b. Priority 2 – Urgent Calls2. Properly equipped and staff police units shall respond to all Priority 2 calls within 12 minutes or less (measured annually). c. Note: For growth management purposes, response time includes dispatch and travel time to the building or site address, otherwise referred to as “received to arrive.” 4. Implementation Measures. a. Should the GMOC determine that the Priority 1 emergency calls threshold standard is not being met due to growth impacts, then the City Council can, within 60 days of the GMOC’s report, schedule and hold a public hearing to: (i) consider adopting a moratorium on the issuance of new building permits; or (ii) adopt other actions sufficient to rectify the deficiency(ies). b. Should the GMOC determine that the Priority 2 urgent calls threshold standard is not being met, it may issue a statement of concern in its annual report. B. Fire and Emergency Medical Services. 1. Goal. To maintain and improve the quality of fire protection and emergency medical services (EMS) in the City of Chula Vista. 2. Objective. Ensure that fire/EMS staff are properly equipped and trained to provide the desired level of service throughout the City. 3. Facility Master Plan. A minimum of every five years, or whenever an update is needed, the City Manager shall bring a fire and emergency medical services master plan to the City Council for their consideration. The master plan shall include provisions for facilities, equipment and deployment. 4. Threshold Standard. a. Emergency Response. Properly equipped and staffed fire and medical units shall respond to calls throughout the City within seven minutes in at least 80 percent of the cases (measured annually). b. Note: For growth management purposes, response time includes dispatch, turnout and travel time to the building or site address. 5. Implementation Measures. a. Should the GMOC determine that the threshold standard is not being met due to growth impacts, and the facility master plan milestone targets are not being met, then the City Council can, within 60 days of the GMOC’s annual report, schedule and hold a public hearing to (i) consider adopting a 2022/11/08 City Council Post Agenda Page 659 of 719 Page 34 of 63 Attachment 1 moratorium on the issuance of building permits, or (ii) adopt other actions sufficient to rectify the deficiency(ies). b. The GMOC may issue a statement of concern in its annual report if it determines that the threshold standard: (i) is not being met, but the reason is not due to growth impacts; or (ii) is not being met due to growth impacts, but the facility master plan is meeting its milestone targets, in which case the Fire Department will address the adequacy of the facility master plan. C. Libraries. 1. Goal. To provide a high-quality, contemporary library system that meets the varied needs of the community. 2. Objective. Supplement existing libraries by providing and operating library facilities sufficient to meet the needs of City residents. 3. Facility Master Plan. A minimum of every five years, or whenever an update is needed, the City Manager shall bring a libraries master plan to City Council for their consideration. The master plan shall define the adequacy of library facilities and equipment and what constitutes adequate staffing and appropriate hours of operation, and identify library square footage needs consistent with the threshold standard at build-out. 4. Threshold Standard. The City shall not fall below the Citywide ratio of 500 gross square feet (GSF) of library space, adequately equipped and staffed, per 1,000 population. 5. Implementation Measures. a. Should the GMOC determine that the threshold standard is not being met or is expected to fail within three years (based on forecasted growth and planned improvements), then the City Council can, within 60 days of the GMOC’s report, schedule and hold a public hearing to: (i) consider adopting a moratorium on the issuance of new building permits; or (ii) adopt other actions sufficient to rectify the deficiency(ies). b. The GMOC shall be provided with an annual report that documents the appropriate staffing levels, equipment and operating hours of library facilities over the past year, current year operation, and anticipated hours of operation. Should the GMOC determine that the libraries are not adequately staffed, equipped, or are not maintaining appropriate hours of operation, it may issue a statement of concern in its annual report. D. Parks and Recreation Areas. 1. Goal. To provide a diverse and flexible park system which meets both the active and passive recreational needs of the residents of Chula Vista. 2022/11/08 City Council Post Agenda Page 660 of 719 Page 35 of 63 Attachment 1 2. Objective. Provide public park and recreational opportunities in a timely manner, implementing a five- year master plan which describes the location, facility improvements and funding program for proposed neighborhood and community parks. 3. Threshold Standard Population Ratio. Three acres of neighborhood and community park land with appropriate facilities per 1,000 residents east of I-805. 4. Implementation Measures. a. Should the GMOC determine that the threshold standard is not being satisfied, then the City Council shall formally adopt and fund tactics to bring the park and recreation system into conformance. Construction or other actual solution shall be scheduled to commence within three years. b. If construction of needed new park and recreation facilities is not started within three years of the deficiency reported by the GMOC, then the City Council shall, within 60 days of the GMOC’s report, schedule and hold a public hearing for the purpose of adopting a moratorium on the acceptance of new tentative map applications, based on all of the following criteria: i. That the moratorium is limited to an area wherein a causal relationship to the problem has been established; and ii. That the moratorium provides mitigation measure to a specifically identified impact. c. Should a moratorium be established, the time shall be used to expeditiously prepare specific mitigation measures for adoption, which are intended to bring the condition into conformance. Any such moratorium shall be in effect until construction of the needed new park and recreation facilities has commenced. E. Sewer. 1. Goal. To provide a healthful and sanitary sewer collection and disposal system for the residents of the City of Chula Vista, consistent with the City’s wastewater master plan. 2. Objective. Individual projects will provide necessary improvements consistent with City engineering standards. Treatment capacity should be acquired in advance of demand. 3. Threshold Standards. a. Existing and projected facility sewage flows and volumes shall not exceed City engineering standards for the current system and for budgeted improvements, as set forth in the Subdivision Manual. b. The City shall annually ensure adequate contracted capacity in the San Diego Metropolitan Sewer Authority or other means sufficient to meet the projected needs of development. 2022/11/08 City Council Post Agenda Page 661 of 719 Page 36 of 63 Attachment 1 4. Implementation Measures. a. The City Engineering Department shall annually gather and provide the following information to the GMOC: i. Amount of current capacity in the Metropolitan Sewer System now used or committed and the status of Chula Vista’s contracted share; ii. Ability of sewer facilities and Chula Vista’s share of the Metropolitan Sewer System’s capacity to absorb forecasted growth over the next five years; iii. Evaluation of funding and site availability for budgeted and projected new facilities; and iv. Other relevant information. b. Should the GMOC determine that a potential problem exists with meeting the projected needs of development with respect to sewer, it may issue a statement of concern in its annual report. F. Drainage. 1. Goal. To provide a safe and efficient storm water drainage system to protect residents and property in the City of Chula Vista. 2. Objective. Individual projects will provide necessary improvements consistent with current City engineering standards and local, state and federal regulations. 3. Threshold Standards. a. Storm water flows and volumes shall not exceed City engineering standards and shall comply with current local, state and federal regulations, as may be amended from time to time. b. The GMOC shall annually review the performance of the City’s storm drain system, with respect to the impacts of new development, to determine its ability to meet the goal and objective for drainage. 4. Implementation Measures. a. Should the GMOC determine that the threshold standards are not being met, with respect to new development, then the City Manager should present to the City Council, for their consideration, a plan of action that includes timing benchmarks and a finance plan that will bring the storm drain system into conformance. Construction or other actual solution shall be scheduled to commence within three years. b. Should the GMOC determine that the threshold standard is not being met, with respect to existing development, it may issue a statement of concern in its annual report. 2022/11/08 City Council Post Agenda Page 662 of 719 Page 37 of 63 Attachment 1 G. Traffic. 1. Goals. a. To provide and maintain a safe and efficient street system for all modes of transportation within the City of Chula Vista. b. To accurately determine existing and projected levels of service (LOS) for motorists, using the Highway Capacity Manual (HCM) performance measurement methodology. c. To recognize the unique nature of urbanizing neighborhoods as destinations, and to establish a commensurate street classification and LOS threshold that encourages alternative modes of transportation, such as public transit, biking and walking. d. To maintain a level of service value that represents an acceptable level of traffic flow under constrained operating conditions during peak periods of traffic activity. 2. Objectives. a. Ensure timely provision of adequate local, multi-modal circulation system capacity in response to planned growth, and maintain acceptable levels of service. b. Plan, design and construct new roadway segments and signalized intersections to maintain acceptable LOS standards at build-out of the General Plan’s Land Use and Transportation Element. c. Plan, design and construct bicycle and pedestrian infrastructure improvements pursuant to the most current bikeway master plan and pedestrian master plan. 3. Threshold Standards. a. Arterial Level of Service (ALOS) for Nonurban Streets. Those traffic monitoring program (TMP) roadway segments classified as other than urban streets in the Land Use and Transportation Element of the City’s General Plan shall maintain LOS “C” or better as measured by observed average travel speed on those segments, except that during peak hours LOS “D” can occur for no more than two hours of the day. b. Urban Street Level of Service (ULOS). Those TMP roadway segments classified as urban streets in the Land Use and Transportation Element of the City’s General Plan shall maintain LOS “D” or better, as measured by observed or predicted average travel speed, except that during peak hours LOS “E” can occur for no more than two hours per day. 4. Notes to Standards. a. Arterial Segment. LOS measurements shall be for the average weekday peak hours, excluding seasonal and special circumstance variations. 2022/11/08 City Council Post Agenda Page 663 of 719 Page 38 of 63 Attachment 1 b. The LOS measurement of arterial segments at freeway ramps shall be a growth management consideration in situations where proposed developments have a significant impact at interchanges. c. Circulation improvements should be implemented prior to anticipated deterioration of LOS below established standards. d. The criteria for calculating arterial LOS and defining arterial lengths and classifications shall follow the procedures detailed in the most recent Highway Capacity Manual (HCM) and shall be confirmed by the City’s Traffic Engineer. e. Level of service values for arterial segments shall be based on the HCM. 5. Implementation Measures. a. Should the GMOC determine that the threshold standards are not being met, due to growth impacts, then the City Council can, within 60 days of the GMOC’s report, schedule and hold a public hearing to consider adopting: (i) a moratorium on the acceptance of new building permits, or (ii) other actions sufficient to rectify the deficiency(ies). b. The GMOC may issue a statement of concern in its annual report if it determines that the threshold standard will likely not be met within three years, due to growth impacts. c. The Department of Public Works shall annually report on progress made in implementing construction of facilities listed in the bikeway master plan, pedestrian master plan, the transportation development impact fee program (TDIF), and the Western TDIF. 6. Monitoring Methodology. a. Identify all traffic monitoring program (TMP) corridors and classify according to the latest Highway Capacity Manual (HCM) methodology. Typically, a TMP roadway is four lanes with a volume of 16,500 trips and at least one and one-half miles in length. If the average daily trip (ADT)- based level of service is “C” or worse on a street segment located within a City TMP corridor, then the City shall consider conducting a TMP measurement. ADT volume data shall not be older than two years. b. A TMP measurement shall consist of a two-hour a.m. peak period measurement, a two-hour midday period measurement, and a two-hour p.m. peak period measurement. c. TMP measurement shall be conducted by following the current protocol in the latest adopted HCM. d. Any speed collection and volume data methodology that utilizes the latest technology consistent with HCM protocol can be used in obtaining arterial LOS, subject to approval by the City’s Traffic Engineer. 2022/11/08 City Council Post Agenda Page 664 of 719 Page 39 of 63 Attachment 1 H. Fiscal. 1. Goal. To implement land uses and activities that generate an adequate tax and revenue base that meets the economic needs of the residents of the City of Chula Vista, with new project development providing self-financing of capital projects. 2. Objectives. a. Monitor the impacts of growth on the City of Chula Vista’s fiscal well-being, considering both operating and capital improvement costs and revenues. b. Monitor and update the effectiveness of the development impact fee programs, considering the appropriate and timely use of such funds. c. Monitor and update the effectiveness of various public facility master plans to ensure adequate funding will be available to meet the demands of growth. 3. Threshold Standards. a. Fiscal impact analyses and public facilities financing plans, at the time they are adopted, shall ensure that new development generates sufficient revenue to offset the cost of providing municipal services and facilities to that development. b. The City shall establish and maintain, at sufficient levels to ensure the timely delivery of infrastructure and services needed to support growth, consistent with the threshold standards, a development impact fee, capital improvement funding, and other necessary funding programs or mechanisms. 4. Implementation Measures. a. Use fiscal impact analyses (FIA) and public facility financing plans (PFFPs) to evaluate and ensure that new development requiring the preparation of an SPA plan, or equivalent, pursuant to Chapter 19.48 CVMC, contribute to the City’s fiscal well-being by generating revenues and related economic activity that, at a minimum, offset the cost of providing municipal services for the new development. b. The GMOC shall be provided with an annual fiscal impact report that provides an evaluation of the impacts of growth on the City in terms of operations and capital improvements. This report should evaluate actual growth over the previous 12-month period, as well as projected growth over the next five-year period. c. The GMOC shall be provided with an annual development impact fee report, which provides an analysis of development impact fees collected and expended over the previous 12-month period and projected for expenditure for projects included within the DIF programs. 2022/11/08 City Council Post Agenda Page 665 of 719 Page 40 of 63 Attachment 1 19.09.050 Threshold standards for external facilities and services. A. Air Quality and Climate Protection. 1. Goal. To maintain and improve the ambient air quality enjoyed by the residents of Chula Vista. 2. Objectives. a. In an effort to address the impacts of transportation and building-related energy use at both the regional and local level, the City shall endeavor to implement applicable air quality improvement strategies and programs that meet or exceed those established through the current adopted Regional Air Quality Strategy (RAQS), California’s Global Warming Solutions Act of 2006 (AB32), and the Chula Vista climate protection program. b. In an effort to maintain and improve ambient air quality, the City shall endeavor to locally mitigate any new stationary source development project’s criteria air pollutant emissions that exceed local air quality standards. 3. Threshold Standard. The City shall pursue a greenhouse gas emissions reduction target consistent with appropriate City climate change and energy efficiency regulations in effect at the time of project application for SPA plans or for the following, subject to the discretion of the Development Services Director: a. Residential projects of 50 or more residential dwelling units; b. Commercial projects of 12 or more acres (or equivalent square footage); c. Industrial projects of 24 or more acres (or equivalent square footage); or d. Mixed use projects of 50 equivalent dwelling units or greater. 4. Implementation Measures. a. In order to determine compliance with the air quality and climate protection threshold standard, City staff shall provide the GMOC with an annual report that evaluates the City’s progress toward adherence with relevant federal, state, regional, and local air quality improvement strategies, regulations, and programs. The report shall include the following: i. An overview and evaluation of local development projects approved during the prior year identifying compliance levels and progress towards meeting the air quality and climate protection threshold standard. ii. An assessment of whether the greenhouse gas emissions reduction levels should be revised based on updated state and federal standards, as applicable. 2022/11/08 City Council Post Agenda Page 666 of 719 Page 41 of 63 Attachment 1 iii. Additional information on non-development activities being undertaken by the City that contribute to meeting or furthering the air quality and climate protection threshold standard, including the City’s most recent greenhouse gas emissions inventory. b. After the City prepares an annual evaluation report, it shall provide a copy of the report to the Air Pollution Control District (APCD) for its response. The APCD should provide the City with a report on overall regional and local air quality conditions, the status of regional air quality improvement implementation efforts under the Regional Air Quality Strategy and related federal and state programs, and the effect of those efforts/programs on the City of Chula Vista and local planning and development activities. c. Should the GMOC determine that a deficiency exists with respect to any of the above air quality and climate protection implementation measures, either locally, regionally or both, it may issue a statement of concern in its annual report. B. Schools. 1. Goal. To ensure that the Chula Vista Elementary School District (CVESD) and Sweetwater Union High School District (SUHSD) have the necessary school sites, infrastructure and funding mechanisms to meet the needs of students in new development areas in a timely manner. 2. Objective. Provide school district personnel with current development forecasts so that they may plan and implement school building and/or allocation programs in a timely manner. 3. Facility Master Plan. The GMOC will request updates of the school districts’ facility master plans or equivalent documents that define the schools’ essential facility needs necessary to provide adequate physical accommodation. 4. Threshold Standard. The City shall annually provide the Chula Vista Elementary School District (CVESD) and the Sweetwater Union High School District (SUHSD) with the City’s annual five-year residential growth forecast and request an evaluation of their ability to accommodate forecasted growth, both Citywide and by subarea. Replies from the school districts should address the following: a. Amount of current classroom and “essential facility” (as defined in the facility master plan) capacity now used or committed; b. Ability to absorb forecasted growth in affected facilities and identification of what facilities need to be upgraded or added over the next five years; c. Evaluation of funding and site availability for projected new facilities identified; and d. Other relevant information the school district(s) desire(s) to communicate to the City and the Growth Management Oversight Commission (GMOC). 2022/11/08 City Council Post Agenda Page 667 of 719 Page 42 of 63 Attachment 1 5. Implementation Measure. Should the GMOC determine that a capacity problem exists with respect to physically accommodating students, either currently or within the next five years, it may issue a statement of concern in its annual report. The annual report shall be provided to both school districts, with follow- up, to assure appropriate response. C. Water. 1. Goal. To ensure that adequate supplies of potable and recycled water are available to the City of Chula Vista. 2. Objectives. a. Ensure that adequate storage, treatment and transmission facilities are constructed concurrently with planned growth. b. Ensure that water quality standards requirements are met during growth and construction. c. Encourage diversification of water supply, conservation and use of recycled water where appropriate and feasible. 3. Threshold Standards. a. Adequate water supply must be available to serve new development. Therefore, developers shall provide the City with a service availability letter from the appropriate water district for each project. b. The City shall annually provide the San Diego County Water Authority, the Sweetwater Authority and the Otay Municipal Water District with the City’s annual five-year residential growth forecast and request that they provide an evaluation of their ability to accommodate forecasted growth. Replies should address the following: i. Water availability to the City, considering both short- and long-term perspectives. ii. Identify current and projected demand, and the amount of current capacity, including storage capacity, now used or committed. iii. Ability of current and projected facilities to absorb forecasted growth. iv. Evaluation of funding and site availability for projected new facilities. v. Other relevant information the district(s) desire to communicate to the City and the Growth Management Oversight Commission (GMOC). 4. Implementation Measure. Should the GMOC determine that a current or potential problem exists with respect to water, it may issue a statement of concern in its annual report. 2022/11/08 City Council Post Agenda Page 668 of 719 Page 43 of 63 Attachment 1 19.09.060 Amendments and supplemental threshold standards. These standards may be amended from time to time on approval by the City Council. 19.09.070 Moratorium on building permits allowed. A. Imposing Temporary Limits on Building Permits. The City Council may, by ordinance, impose a limit on building permits for construction of residential and/or nonresidential development after making specific findings as to the health, safety and welfare concerns of continued development, as set forth in subsection (B) of this section. B. Findings Required. Prior to adopting an ordinance imposing a limit on building permits, the City Council shall consider making one or more of the following findings: 1. That continued development will make it unlikely for the intent of the growth management program to be achieved, as expressed by the Growth Management Element of the General Plan and this chapter. 2. That continued development will cause deterioration of the City’s quality of life, and compromise the health, safety and welfare in the City of Chula Vista. 3. That continued development will strain the City’s fiscal resources and ability to deliver high quality services to all its residents. C. Procedures for Implementing Limits on Building Permits. If the City Council makes the necessary required findings to impose a limit on building permits, then it shall adopt an ordinance that specifies: 1. Area where the moratorium applies; 2. Duration of the moratorium (when it begins and ends); 3. Any exemptions or exceptions or conditions. These shall be consistent with the overall objectives of the City action and broader land use policy. Exemptions could include “affordable” housing units (units sold or rented at below market rates to meet the City’s Housing Element requirements). Exceptions might include units that have been allocated as part of a separate agreement (e.g., a development agreement); 4. Any conditions that would allow the moratorium to be lifted prematurely; and 5. How the building permits shall be allocated. 2022/11/08 City Council Post Agenda Page 669 of 719 Page 44 of 63 Attachment 1 19.09.080 Requirement for public facilities finance plans (PFFP), air quality improvement plans, and water conservation plans. A. Public Facilities Financing Plans. No application for an SPA plan, or, if an SPA plan is not required, no application for a tentative map, shall be deemed complete or accepted for review unless: 1. It is accompanied by a PFFP which has been approved by the City; or 2. A PFFP, that includes the project, has already been initiated; or 3. The applicant initiates the preparation of a PFFP. The PFFP may be waived by the City Council upon a showing that there are no public facilities, infrastructure and service needs warranting the preparation of a PFFP. B. Air Quality Improvement Plans. No application for an SPA plan, or, if an SPA plan is not required, no application for a tentative map, shall be deemed complete or accepted for review unless: 1. It is accompanied by an air quality improvement plan that has been approved by the City; or 2. An air quality improvement plan, that includes the project, has already been initiated; or 3. The applicant initiates the preparation of an air quality improvement plan in such form and/or containing such information, including maps, drawings, diagrams, etc., as the City Development Services Director shall require. The required contents of an air quality improvement plan are outlined in Appendix A of the City’s Growth Management Implementation Manual, as may be amended from time to time. C. Water Conservation Plans. No application for an SPA plan, or, if an SPA plan is not required, no application for a tentative map, shall be deemed complete or accepted for review unless: 1. It is accompanied by a water conservation plan that has been approved by the City; or 2. A water conservation plan, that includes the project, has already been initiated; or 3. The applicant initiates the preparation of a water conservation plan in such form and/or containing such information, including maps, drawings, diagrams, etc., as the City Development Services Director shall require. The required contents of a water conservation plan are outlined in Appendix B of the City’s Growth Management Implementation Manual, as may be amended from time to time. D. No SPA plan, nor any tentative map, shall be approved, or deemed approved, without an approved PFFP, an approved air quality improvement plan and an approved water conservation plan. To provide consistency and implementation of said plans, the City Council may impose any condition to the approval of an SPA plan 2022/11/08 City Council Post Agenda Page 670 of 719 Page 45 of 63 Attachment 1 or tentative map necessary to implement the PFFP, the air quality improvement plan, the water conservation plan, the growth management program, or the facility master plans. E. No final map shall be approved until all the conditions of the PFFP, the air quality improvement plan and the water conservation plan have been met, or the project applicant has provided adequate security to the City that said plans will be implemented. F. No other discretionary planning approvals shall be granted unless the City Council finds that the project is consistent with an approved PFFP, an air quality improvement plan, and a water conservation plan. G. No building permit shall be issued unless the permit is consistent with any applicable PFFP, the air quality improvement plan and the water conservation plan and all applicable fees, including, but not limited to, development impact fees, traffic impact fees, drainage fees, school fees, park fees, sewer fees, water fees, or other development fees adopted by the City Council, have first been paid or provision for their payment has been made to the satisfaction of the City Council. H. No development shall occur in a PFFP area if the demand for any public facilities, infrastructure and services exceeds capacity and it is not feasible to increase capacity prior to completion of development unless the means, schedule and financing for increasing the capacity are established through the execution of a binding agreement providing for installation and maintenance of such facilities or improvements in advance of the City’s phasing schedule. 19.09.090 Public facilities finance plan (PFFP) contents. The required contents of a public facilities finance plan (PFFP), including a fiscal impact analysis, are outlined in Appendix C of the City’s Growth Management Program Implementation Manual, as may be amended from time to time. The fiscal analysis/economic impact report shall be provided for each proposed project and the project shall be conditioned to provide funding for periods where expenditures exceed projected revenues. 19.09.100 Public facilities finance plan (PFFP) preparation. A. A PFFP, an air quality improvement plan, and a water conservation plan may be processed concurrently with the SPA plan or tentative map. B. A PFFP may be initiated by filing an application with the Development Services Director. The applicant shall pay a deposit at the time any application for a PFFP is accepted. C. A PFFP for a project shall be prepared by the City, or a consultant selected by the City, according to the procedures established by this chapter. D. The cost of PFFP preparation shall be advanced to the City by the applicant and any participating owner or owners prior to PFFP preparation. 2022/11/08 City Council Post Agenda Page 671 of 719 Page 46 of 63 Attachment 1 19.09.110 Public facilities finance plan (PFFP) review. PFFPs shall be reviewed according to the following procedure: A. A completed PFFP complying with this chapter, and accompanied by a processing fee in an amount established by City Council resolution, may be submitted to the Development Services Director for processing. If the Development Services Director determines that the plan complies with the provisions of this chapter, the Director shall accept the PFFP for review. Once the PFFP has been reviewed and complies with the provisions of this chapter, it shall be set for public hearing before the Planning Commission together with the accompanying development plan. B. The hearing shall be noticed according to the provisions of CVMC 19.12.070. A staff report containing recommendations on the PFFP shall be prepared and furnished to the public, the applicant, and the Planning Commission prior to the hearing. C. The Planning Commission shall hear and consider the application and shall by resolution prepare recommendations and findings for the City Council. The action of the Commission shall be filed with the City Clerk, and a copy shall be mailed to the applicant. D. When the Planning Commission action is filed with the City Clerk, the Clerk shall set the matter for public hearing before the City Council. The hearing shall be noticed according to the provisions of CVMC 19.12.070. E. The City Council shall hear the matter, and after considering the findings and recommendations of the Planning Commission, may approve, conditionally approve, or deny the plans. The City Council may include in the resolution adopting the PFFP any fees or facilities improvement requirements provided for in City ordinances in order to implement the growth management program, the facility master plans and the PFFP. F. A PFFP may be amended following the same procedures for the original adoption. 19.09.120 Public facilities finance plan (PFFP) implementation. A. The Development Services Director shall ensure that PFFPs are prepared for all SPA plans and tentative maps or equivalent projects pursuant to Chapter 19.48 CVMC. B. In the event that the Development Services Director or his designee finds that the project is not in substantial compliance with the PFFP as modified or amended, the developer may be deemed to be in default and continued issuance of building or development permits may be affected. 19.09.130 Public facilities finance plan (PFFP) amendment. A. Adoption of a PFFP does not establish any entitlement or right to any particular General Plan or zoning designation or any particular development proposal. 2022/11/08 City Council Post Agenda Page 672 of 719 Page 47 of 63 Attachment 1 B. If the Development Services Director, pursuant to CVMC 19.09.110, determines that facilities or improvements within a PFFP are inadequate to accommodate any further development within that area, then development shall cease or be metered until a remedy is implemented. If the Development Services Director determines that such events or changed circumstances adversely affect the health, safety or welfare of the City, the City may require the amendment, modification, suspension, or termination (hereinafter “change”) of an approved PFFP. If the City requires such change, the City shall (1) give notice to applicant or owner of (a) the City’s intended action to change the PFFP, and (b) the reasons and factual basis for the City’s determination; (2) give notice to the applicant or owner, at least 30 days prior to the hearing date, of the time and place of the hearing; and (3) hold a City Council hearing on the determination, at which hearing the applicant or owner shall have the right to present witnesses, reports, and oral and written testimony. Prior to approving any change, the City shall find that (1) the circumstances were unknown or that the circumstances have changed; and (2) the health, safety or welfare of the community requires the change of the PFFP. This provision shall neither limit nor expand the rights of liabilities of either of the parties with respect to the PFFP or the development of the property. If, after notice and hearing, the Council determines that a deficiency exists, then no further building or development permits shall be issued within the affected area and development shall cease until an amendment to the applicable PFFP mitigating the deficiency is approved by the City Council. C. The City Council may initiate an amendment to any PFFP at any time if, in its discretion, it determines that an amendment is necessary to provide adequate facilities and improvements and subsequent permits will be conditioned on conformance. 19.09.140 Exceptions and exclusions. A. Exceptions. Nothing in this chapter shall alter or amend the terms and conditions of any development agreement entered into between the City and a developer. B. Exclusions. Development projects which consist of facilities or structures constructed by a city, county, special district, state, or federal government or any agency, department, or subsidiary thereof for governmental purposes are excluded from the provisions of this chapter. To the extent that the City has authority to regulate such development projects, such projects shall not be exempt. For example, any private development occurring on land leased from a public agency would not be exempt. This exclusion shall not apply to development projects to which a possessory interest tax would be applicable. 19.09.150 Extensions of prior approvals. After approval of an applicable PFFP for a development project, an extension of the expiration date of a tentative map may only be granted if the project is in conformance with the PFFP and the growth management program. The extension may be conditioned on such matters as the City deems appropriate or necessary to make the tentative map conform to the PFFP and the growth management program, including, but not limited 2022/11/08 City Council Post Agenda Page 673 of 719 Page 48 of 63 Attachment 1 to, requiring the developer to submit any information, studies, plans and diagrams to show compliance with the applicable PFFP. 19.09.160 Obligation to pay fees or install facilities required by any other law. Nothing in this chapter shall be construed as relieving a builder, developer or subdivider from any requirement to provide public facilities, to dedicate property or to pay fees, which requirement is imposed pursuant to this title or pursuant to any City Council policy. 19.09.170 Implementing procedures. The City Council may adopt any procedures it deems necessary to implement this chapter, including procedures for administering the growth management program or facility master plans. 19.09.180 Council actions, fees, notice. A. Whenever this chapter requires or permits an action or decision of the City Council, that action or decision shall be accomplished by resolution and/or ordinance, as appropriate. B. The City Council shall establish application and processing fees for the submission and processing of public facilities financing plans (PFFPs). C. Whenever written notice is required to be given to property owners under this chapter, the notice shall be mailed by first class mail to the owners shown on the last equalized assessment roll. 19.09.190 Severability. If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The City Council declares that it would have passed the ordinance codified in this chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any part thereof be declared invalid or unconstitutional. 19.09.200 Facility master plans. The City shall maintain a series of facility master plans, as may be amended from time to time, for infrastructure and services throughout the City that regard the threshold standards in this chapter, including, but not limited to, police, fire and emergency services, libraries, parks and recreation, wastewater, drainage and circulation. In anticipation of service demands, these master plans shall contain an analysis of existing 2022/11/08 City Council Post Agenda Page 674 of 719 Page 49 of 63 Attachment 1 facilities, existing and projected demand, and proposed maintenance and capital improvement projects. They shall also identify financing plans to accomplish identified improvements. 19.14.020 Zoning Administrator – Creation of position – Authority. A. In order to relieve the Planning Commission or Successor Agency to the Redevelopment Agency, the Historic Preservation Commission or Chula Vista Redevelopment Corporation, within designated redevelopment project areas, of certain routine functions necessary to the proper administration of this chapter, a Zoning Administrator is created. B. Authority. The Director of Development Services Director or designee may serve as a Zoning Administrator. The Zoning Administrator shall have the authority to consider applications, preside at hearings, and make impartial decisions on permits, maps, or other matters based on the application, written materials prepared prior to the hearing, and information received at the hearing. 19.56.310 HP historic preservation modifying district – Application. A. The HP modifying district may be applied only to properties within those areas designated as historic preservation districts and shall meet the provisions of CVMC 21.06.070. An HP modifier shall apply to all properties within an HPD. B. An HP modifying district may be applied for concurrently with an application for a historic preservation district, or may be applied for subsequent to the formation of an HPD. C. All applications shall be reviewed by the Historic Preservation Commission and the Planning Commission with recommendations forwarded to City Council in accordance with the findings of fact found in CVMC 21.06.110. CHAPTER 19.92 PUBLIC FACILITIES FINANCING PLANS (PFFPS), AIR QUALITY IMPROVEMENT PLANS, AND WATER CONSERVATION PLANS. 19.92.010 Purpose/Intent. The purpose and intent of this chapter is to establish compliance mechanisms and standards to ensure public fFacilities, infrastructure and services will exist, or concurrently be provided, to meet the demands of infrastructure and climate protection generated by new Ddevelopment. 2022/11/08 City Council Post Agenda Page 675 of 719 Page 50 of 63 Attachment 1 19.09.02019.92.020 Definitions. Whenever the following terms are used in this chapter, they shall have the meaning established by this sectionSection unless from the context it is apparent that another meaning is intended: A. “Air qQuality iImprovement pPlan” (AQIP) means a project-specific aAir qQuality iImprovement pPlan prepared and approved in accordance with CVMC 19.92.030 19.09.080 and Appendix A of the Growth Management Program Implementation Manual. B. “Available facility and service capacity” shall be determined by the Development Services Director, using generally accepted planning standards and criteria, including the threshold standards set forth in this chapter. Specific facility service capacity shall be determined by subtracting from the total capacity for a specific facility service the demand of existing development plus the demand that will be created by approved development. C. “Developed areas of the City” means those areas of a predominantly urban character where development has already occurred and public facilities, infrastructure and services serving that development are in place. D. “Development” means any land use, building or other alteration of land and construction incident thereto. E. “Director of Development Services Director” or “Director” means the Director of the City’s Development Services Department or their designee. F. “Discretionary pPlanning aApproval” means any permit, entitlement or approval issued under the authority of the zoning and subdivision titles of the Chula Vista Municipal Code (CVMC), and any legislative actions such as zZone cChanges, General Plan aAmendments, sSectional pPlanning aArea (SPA) pPlans or gGeneral dDevelopment pPlan approvals or amendments. G. “External public facilities and services” means the threshold standard topics that pertain to facilities and services provided from outside the City, such as schools, water and air quality. H. “Facilities” means any schools, public safety facilities, infrastructure, civic buildings, corporation yards, park/recreational areas or structures providing for fire, libraries, traffic controls, streets and highways, including curbs, gutters and sidewalks, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, lighting facilities or other governmental services, required to be identified in a pPublic fFacilities fFinancinge pPlan. I. “Facility mMaster pPlan” means any adopted master plan for future facility needs for services associated with the growth management program’s threshold standards, including, but not limited to: sewer, drainage, water, transportation, police, fire and emergency services, libraries, and parks. 2022/11/08 City Council Post Agenda Page 676 of 719 Page 51 of 63 Attachment 1 J. “Facility and service capacity” means the maximum amount of development which could take place prior to increasing the number or size of a facility or the level of service as determined by applying the appropriate threshold standard. K. “Growth Management Program Implementation Manual” means a plan prepared and approved according to CVMC 19.09.030, which establishes compliance with the threshold standards, as provided in CVMC 19.09.040 and 19.09.050. L. “Moratorium” means building permits will not be issued for an area that has been identified as having a direct causal relationship to a specified threshold standard failure. City Council must make specific findings and follow specific procedures as provided in CVMC 19.09.070. M. “Project” means the activity for which either an application for a sSectional pPlanning aArea (SPA) pPlan, a tTentative mMap (TM), a cConditional uUse pPermit (CUP), or a similar activity has been or is required to be submitted and which may be subject to discretionary approvals by the City. N. “Public fFacilities fFinancinge pPlan (PFFP)” means a Pproject-specific pPublic fFacilities finance Financing pPlan prepared and approved in accordance with CVMC 19.92.030 through 19.92.12019.09.080 through 19.09.130 and Appendix C of the Growth Management Program Implementation Manual. O. “SPA pPlan” means a sSectional pPlanning aArea pPlan, as prescribed in CVMC Chapter 19.48 CVMC. P. “Statement of concern” means an implementation measure the Growth Management Oversight Commission (GMOC) may issue in its annual report: (1) for an external public facilities and services threshold standard, to highlight what action the City can take in order to solve a specified issue and encourage further or additional inter-agency cooperation/coordination. There may also be a recommendation for the issuance of correspondence or a resolution by the City Council to the external agency, if the situation so warrants, as determined by the GMOC; or (2) for a threshold standard that is currently failing or forecasted to fail, and may include elements dealing with City management and organization, budget priorities, and responsiveness to previous GMOC requests; or (3) in response to an overall or general quality of life consideration, irrespective to whether a particular threshold standard has been exceeded, or if it is a non-growth-related issue. It can offer a finding or make recommendations regarding City management, organization and budget priorities. Q. “Substantial cCompliance” means performance meeting the intent of the parties with respect to the obligations imposed pursuant to the PFFP. R. “Threshold sStandards” means those certain standards identified in CVMC 19.09.040 and 19.09.050Sections specifying the Ffacilities and services required to support the present and future needs of the City. S. “Transportation monitoring program (TMP)” means the technical analysis of traffic operation on all urban and suburban arterials with average weekday traffic volumes greater than 20,000 vehicles per day. The TMP shall be based on the current Highway Capacity Manual, as may be amended from time to time. The technical 2022/11/08 City Council Post Agenda Page 677 of 719 Page 52 of 63 Attachment 1 analysis shall be conducted annually or as directed by the City Council in order to monitor actual traffic operations and to predict future traffic levels and related deterioration in the level of service. T. “Water cConservation pPlan” means a Pproject-specific wWater cConservation pPlan prepared and approved in accordance with CVMC Section 19.92.030.19.09.080 and Appendix B of the Growth Management Program Implementation Manual. The purpose and intent of this chapter is to establish a supplemental compliance mechanism to ensure public facilities, infrastructure and services will exist, or concurrently be provided, to meet the demands generated by new development. 19.09.08019.92.030 Requirements for pPublic fFacilities fFinancinge pPlans (PFFP), aAir qQuality iImprovement pPlans, and wWater cConservation pPlans. A. Public Facilities Financing Plans. No application for an SPAa SPA pPlan, or, if an SPAa SPA pPlan is not required, no application for a tTentative mMap, shall be deemed complete or accepted for review unless: 1. It is accompanied by a PFFP which has been approved by the City; or 2. A PFFP, that includes the Pproject, has already been initiated; or 3. The applicant initiates the preparation of a PFFP. The PFFP may be waived by the City Council upon a showing that there are no public facilities, infrastructure and service needs warranting the preparation of a PFFP. B. Air Quality Improvement Plans. No application for an SPAa SPA pPlan, or, if an SPAa SPA pPlan is not required, no application for a tTentative mMap, shall be deemed complete or accepted for review unless: 1. It is accompanied by an aAir qQuality iImprovement pPlan that has been approved by the City; or 2. An aAir Qquality iImprovement pPlan, that includes the Pproject, has already been initiated; or 3. The applicant initiates the preparation of an aAir qQuality iImprovement pPlan in such form and/or containing such information, including maps, drawings, diagrams, etc., as the City Director of Development Services Director shall require. The required contents of an air quality improvement plan are outlined in Appendix A of the City’s Growth Management Implementation Manual, as may be amended from time to time. C. Water Conservation Plans. No application for an SPAa SPA pPlan, or, if an SPAa SPA pPlan is not required, no application for a tTentative mMap, shall be deemed complete or accepted for review unless: 1. It is accompanied by a wWater cConservation pPlan that has been approved by the City; or 2022/11/08 City Council Post Agenda Page 678 of 719 Page 53 of 63 Attachment 1 2. A wWater cConservation pPlan, that includes the Pproject, has already been initiated; or 3. The applicant initiates the preparation of a wWater cConservation pPlan in such form and/or containing such information, including maps, drawings, diagrams, etc., as the City Director of Development Services Director shall require. The required contents of a water conservation plan are outlined in Appendix B of the City’s Growth Management Implementation Manual, as may be amended from time to time. D. No SPA pPlan, nor any tTentative mMap, shall be approved, or deemed approved, without an approved PFFP, an approved aAir qquality iImprovement pPlan and an approved wWater cConservation pPlan. To provide consistency and implementation of said plans, the City Council may impose any condition to the approval of an SPAa SPA pPlan or tTentative mMap necessary to implement the PFFP, the aAir qQuality iImprovement pPlan, the wWater cConservation pPlan, the growth management program, or the fFacility mMaster pPlans. E. No fFinal mMap shall be approved until all the conditions of the PFFP, the aAir qQuality iImprovement pPlan, the Facility Master Plans, and the wWater cConservation pPlan have been met, or the Pproject applicant has provided adequate security to the City that said plans will be implemented. F. No other discretionary planning approvals shall be granted unless the City Council finds that the Pproject is consistent with an approved PFFP, an aAir qQuality iImprovement pPlan, the Facility Master Plans, and a wWater cConservation pPlan. G. No building permit shall be issued unless the permit is consistent with any applicable PFFP, the aAir qQuality iImprovement pPlan and the wWater cConservation pPlan and all applicable fees, including, but not limited to, development impact fees, traffic impact fees, drainage fees, school fees, park fees, sewer fees, water fees, or other development fees adopted by the City Council, have first been paid or provision for their payment has been made to the satisfaction of the City Council. H. No Ddevelopment shall occur in a PFFP area if the demand for any public facilities, infrastructure and services exceeds capacity and it is not feasible to increase capacity prior to completion of Ddevelopment unless the means, schedule and financing for increasing the capacity are established through the execution of a binding agreement providing for installation and maintenance of such Ffacilities or improvements in advance of the City’s phasing schedule. 19.09.05019.92.040 Threshold sStandards for eExternal fFacilities and sServices. The thresholds within this Section shall be considered when preparing PFFPs, AQIPs, and Water Conservation Plans. A. Air Quality and Climate Protection. 2022/11/08 City Council Post Agenda Page 679 of 719 Page 54 of 63 Attachment 1 1. Goal. To maintain and improve the ambient air quality enjoyed by the residents of Chula Vista. 2. Objectives. a. In an effort to address the impacts of transportation and building-related energy use at both the regional and local level, the City shall endeavor to implement applicable air quality improvement strategies and programs that meet or exceed those established through the current adopted Regional Air Quality Strategy (RAQS), California’s Global Warming Solutions Act of 2006 (AB32), and the Chula Vista climate protection program. b. In an effort to maintain and improve ambient air quality, the City shall endeavor to locally mitigate any new stationary source development project’s criteria air pollutant emissions that exceed local air quality standards. 3. Threshold Standard. The City shall pursue a greenhouse gas emissions reduction target consistent with appropriate City climate change and energy efficiency regulations in effect at the time of Pproject application for SPA pPlans or for the following, subject to the discretion of the Director of Development Services Director: a. Residential projects of 50 or more residential dwelling units; b. Commercial projects of 12 or more acres (or equivalent square footage); c. Industrial projects of 24 or more acres (or equivalent square footage); or d. Mixed use projects of 50 equivalent dwelling units or greater. CB. Water. 1. Goal. To ensure that adequate supplies of potable and recycled water are available to the City of Chula Vista. 2. Objectives. a. Ensure that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth. b. Ensure that water quality standards requirements are met during growth and construction. c. Encourage diversification of water supply, conservation and use of recycled water where appropriate and feasible. 3. Threshold Standards. 2022/11/08 City Council Post Agenda Page 680 of 719 Page 55 of 63 Attachment 1 a. Adequate water supply must be available to serve new Ddevelopment. Therefore, developers shall provide the City with a service availability letter from the appropriate water district for each Pproject. 19.09.09019.92.050 Public fFacilities finance Financing pPlan (PFFP) cContents. The required contents of a Ppublic Ffacilities Ffinance Pplan (PFFP), including a fiscal impact analysis, drawings, diagrams, etc., shall be prescribed by the Director of Development Services are outlined in Appendix C of the City’s Growth Management Program Implementation Manual, as may be amended from time to time. The fiscal analysis/economic impact report shall be provided for each proposed Pproject and the Pproject shall be conditioned to provide funding for periods where expenditures exceed projected revenues. 19.09.10019.92.060 Public fFacilities finance Financing pPlan (PFFP) pPreparation. A. A PFFP, an aAir qQuality iImprovement pPlan, and a wWater cConservation pPlan may be processed concurrently with the SPA pPlan or tTentative mMap. B. A PFFP may be initiated by filing an application with the Director of Development Services Director. The applicant shall pay a deposit at the time any application for a PFFP is accepted. C. A PFFP for a Pproject shall be prepared by the City, or a consultant selected by the City, according to the procedures established by this chapter. D. The cost of PFFP preparation shall be advanced to the City by the applicant and any participating owner or owners prior to PFFP preparation. 19.09.11019.92.070 Public Ffacilities finance Financing pPlan (PFFP) rReview. PFFPs shall be reviewed according to the following procedure: A. A completed PFFP complying with this chapter, and accompanied by a processing fee in an amount established by City Council resolution, may be submitted to the Director of Development Services Director for processing. If the Director of Development Services Director determines that the plan complies with the provisions of this chapter, the Director shall accept the PFFP for review. Once the PFFP has been reviewed and complies with the provisions of this chapter, it shall be set for public hearing before the Planning Commission together with the accompanying development plan. B. The hearing shall be noticed according to the provisions of CVMC 19.12.070. A staff report containing recommendations on the PFFP shall be prepared and furnished to the public, the applicant, and the Planning Commission prior to the hearing. 2022/11/08 City Council Post Agenda Page 681 of 719 Page 56 of 63 Attachment 1 C. The Planning Commission shall hear and consider the application and shall by resolution prepare recommendations and findings for the City Council. The action of the Commission shall be filed with the City Clerk, and a copy shall be mailed to the applicant. D. When the Planning Commission action is filed with the City Clerk, the Clerk shall set the matter for public hearing before the City Council. The hearing shall be noticed according to the provisions of CVMC 19.12.070. E. The City Council shall hear the matter, and after considering the findings and recommendations of the Planning Commission, may approve, conditionally approve, or deny the plans. The City Council may include in the resolution adopting the PFFP any fees or Ffacilities improvement requirements provided for in City ordinances in order to implement the growth management program, the fFacility mMaster pPlans and the PFFP. F. A PFFP may be amended following the same procedures for the original adoption. 19.09.12019.92.080 Public fFacilities finance Financing pPlan (PFFP) iImplementation. A. The Director of Development Services Director shall ensure that PFFPs are prepared for all SPA pPlans and tTentative mMaps or equivalent Pprojects pursuant to CVMC Chapter 19.48 CVMC. B. In the event that the Director of Development Services Director or histheir designee finds that the Pproject is not in sSubstantial cCompliance with the PFFP as modified or amended, the developer may be deemed to be in default and continued issuance of building or development permits may be affected. 19.09.13019.92.090 Public fFacilities fFinance pPlan (PFFP) aAmendment. A. Adoption of a PFFP does not establish any entitlement or right to any particular General Plan or zoning designation or any particular development proposal. B. If the Development Services Director, pursuant to CVMC 19.09.110, determines that facilities or improvements within a PFFP are inadequate to accommodate any further development within that area, then development shall cease or be metered until a remedy is implemented. If the Director of Development Services Director determines that such events or changed circumstances adversely affect the health, safety or welfare of the City, the City may require the amendment, modification, suspension, or termination (hereinafter “change”) of an approved PFFP. If the City requires such change, the City shall (1) give notice to applicant or owner of (a) the City’s intended action to change the PFFP, and (b) the reasons and factual basis for the City’s determination; (2) give notice to the applicant or owner, at least 30 days prior to the hearing date, of the time and place of the hearing; and (3) hold a City Council hearing on the determination, at which hearing the applicant or owner shall have the right to present witnesses, reports, and oral and written testimony. Prior to approving any change, the City shall find that (1) the circumstances were unknown or that the circumstances have changed; and (2) the health, safety or welfare of the community requires the change of the PFFP. This 2022/11/08 City Council Post Agenda Page 682 of 719 Page 57 of 63 Attachment 1 provision shall neither limit nor expand the rights of liabilities of either of the parties with respect to the PFFP or the Ddevelopment of the property. If, after notice and hearing, the Council determines that a deficiency exists, then no further building or development permits shall be issued within the affected area and Ddevelopment shall cease until an amendment to the applicable PFFP mitigating the deficiency is approved by the City Council. C. The City Council may initiate an amendment to any PFFP at any time if, in its discretion, it determines that an amendment is necessary to provide adequate Ffacilities and improvements and subsequent permits will be conditioned on conformance. 19.09.14019.92.100 Exceptions and eExclusions. A. Exceptions. Nothing in this chapter shall alter or amend the terms and conditions of any development agreement entered into between the City and a developer. B. Exclusions. Development projects which consist of Ffacilities or structures constructed by a city, county, special district, state, or federal government or any agency, department, or subsidiary thereof for governmental purposes are excluded from the provisions of this chapter. To the extent that the City has authority to regulate such development projects, such projects shall not be exempt. For example, any private Ddevelopment occurring on land leased from a public agency would not be exempt. This exclusion shall not apply to development projects to which a possessory interest tax would be applicable. 19.09.15019.92.110 Extensions of pPrior aApprovals. After approval of an applicable PFFP for a development project, an extension of the expiration date of a tTentative mMap may only be granted if the project is in conformance with the PFFP and the growth management program. The extension may be conditioned on such matters as the City deems appropriate or necessary to make the tTentative mMap conform to the PFFP and the growth management program, including, but not limited to, requiring the developer to submit any information, studies, plans and diagrams to show compliance with the applicable PFFP. 19.09.16019.92.120 Obligation to pPay fFees or iInstall fFacilities rRequired by aAny oOther lLaw. Nothing in this chapter shall be construed as relieving a builder, developer or subdivider from any requirement to provide public facilities, to dedicate property or to pay fees, which requirement is imposed pursuant to this title or pursuant to any City Council policy. 2022/11/08 City Council Post Agenda Page 683 of 719 Page 58 of 63 Attachment 1 19.09.17019.92.130 Implementing pProcedures. The City Council may adopt any procedures it deems necessary to implement this chapter, including procedures for administering the growth management program Tthreshold Sstandards or fFacility mMaster pPlans. 19.09.18019.92.140 Council aActions, fFees, nNotice. A. Whenever this chapter requires or permits an action or decision of the City Council, that action or decision shall be accomplished by resolution and/or ordinance, as appropriate. B. The City Council shall establish application and processing fees for the submission and processing of public facilities financing plans (PFFPs). C. Whenever written notice is required to be given to property owners under this chapter, the notice shall be mailed by first class mail to the owners shown on the last equalized assessment roll. 19.09.20019.92.150 Facility mMaster pPlans. The City shall maintain a series of fFacility mMaster pPlans, as may be amended from time to time, for infrastructure and services throughout the City that regard the Tthreshold Sstandards in this chapter, including, but not limited to, police, fire and emergency services, libraries, parks and recreation, wastewater, drainage and circulation. In anticipation of service demands, these master plans shall contain an analysis of existing Ffacilities, existing and projected demand, and proposed maintenance and capital improvement projects. They shall also identify financing plans to accomplish identified improvements. [TITLE 21: HISTORIC PRESERVATION] 21.02.030 Historic preservation authority. There is created a Historic Preservation Commission (HPC) pursuant to Chapter 2.49 CVMC. The HPCPlanning Commission governs processes and activities presented in this title as further defined in Chapter 2.49 CVMC. The discretionary project review responsibility of the Planning Commission HPC shall include the review of major alterations, historical resource demolition applications, historic determinations and appeals, and consistency of said projects with the City’s HPP, applicable historic district guidelines, and this title. 2022/11/08 City Council Post Agenda Page 684 of 719 Page 59 of 63 Attachment 1 21.03.026 Commission. “Commission” means the City of Chula Vista Historic Preservation Planning Commission (HPC). 21.03.135 Zoning Administrator (ZA). CVMC 19.14.020 creates a Zoning Administrator, who shall be the Director of Development Services or his authorized designee. The Zoning Administrator may relieve the Historic Preservation Planning Commission of certain routine functions. 21.04.030 Chula Vista register of historical resources. Buildings, structures, objects, sites, signs, landscapes, archaeological sites, historic preservation districts, or contributing resources determined historically or architecturally significant and designated by the City of Chula Vista Historic Preservation Planning Commission (formerly the Historic Preservation Commission) shall be compiled on a comprehensive list officially known as the City of Chula Vista register of historical resources and herein shall commonly be referred to as the “local register.” (Also see the City’s HPP Appendix – Local Register of Historical Resources.) 21.04.040 Historical resources to be included in the local register. The following resources shall be included in the local register: A. Those properties previously designated prior to the effective date of the ordinance codified in this title; B. Those properties designated by the Planning ComissionHPC or Council; C. Any Chula Vista resource listed as a National Historic Landmark; D. Any Chula Vista resource listed on the National Register of Historic Places; E. Any Chula Vista resource listed on the California Register of Historical Resources by the California State Historical Resources Commission. 21.04.060 Designation – Authority. Upon a recommendation of the Zoning Administrator, the Historic Preservation Planning Commission shall have authority to approve or deny applications for historical designation, excluding designation of exceptional historical resources and publicly owned historical resources which shall require Council approval. All resources that are approved for designation shall be listed on the local register. 2022/11/08 City Council Post Agenda Page 685 of 719 Page 60 of 63 Attachment 1 21.04.080 Designation – Owner consent not required – Exceptional historical resource. In exceptional circumstances, the HPC Planning Commission may recommend that the Council designate a resource without owner consent pursuant to CVMC 21.04.100(B)(1) through (3). 21.04.090 Historical designation – Application, requirements and procedures. A. Applications and Submittal Requirements. All applications for designation, including exceptional historical resources, shall be made to the Zoning Administrator in writing on a form prescribed by the City’s HPP and shall be accompanied by sufficient information to determine that a resource meets the criteria and findings of fact for designation pursuant to CVMC 21.04.100. Designation applications may run concurrent with other permit applications; however, the designation shall be acted upon prior to consideration of any discretionary permits. (Also see City’s HPP Section 3.0, Historical Resources – Designation Procedural Guide.) 1. Owner Applicant. A property owner, or authorized agent of the property owner, may seek historical designation without the assistance of an expert unless the City, at its discretion, determines that an expert technical analysis is necessary to provide sufficient information on the historical significance of the resource. 2. Nonowner Applications (Exceptional Historical Resource). a. Applicants that apply for an exceptional resource designation shall pay all fees and costs associated with the designation of the exceptional historical resource including but not limited to staff time, expert technical analysis or expert review of documentation. b. An application for an exceptional resource designation may be initiated in any of the following three ways: i. By a minimum of 10 City residents (with verifiable signatures); or ii. Through an HPCPlanning Commission recommendation to Council; or iii. By a majority vote of Council. 3. Publicly Owned Resources – Council Approval Required. a. Shall require the same application submittal requirements of this sectionSection and findings of fact and eligibility criteria of CVMC 21.04.100(A)(1) and (2). b. Shall require a recommendation from the HPC Planning Commission and Council approval. 2022/11/08 City Council Post Agenda Page 686 of 719 Page 61 of 63 Attachment 1 c. An application for designation of publicly owned historical resources and historical landscapes may be initiated in any of the following three ways: i. By any interested citizen who resides in the City of Chula Vista; or ii. Through an HPCPlanning Commission recommendation to Council; or iii. By a majority vote of Council. B. Procedures for Historical Designation Consideration. 1. The application review shall follow the City’s Development Services Department review process for discretionary permits. 2. Upon determination of completeness, the Zoning Administrator shall prepare, in the form of a staff report, a brief discussion of the resource as presented in the submitted documentation and shall include recommendations to the HPC Planning Commission to either designate or not designate under the findings of fact and eligibility criteria set forth in CVMC 21.04.100. 3. The Zoning Administrator shall schedule the application for consideration and give notice thereof to the applicant and to other interested persons. A public hearing shall be held to review the evidence as presented in order to determine if the resource meets the criteria for designation pursuant to CVMC 21.04.100. 4. If a resource is designated, the property owner or applicant shall be required to record the HPCPlanning Commission resolution of designation with the County Assessor’s office within 10 business days after the appeal period of said designation. C. Denial or Delay of Decision. 1. The City shall have the authority to delay consideration of a resource for up to 90 days as part of a request of the applicant for additional information on the subject resource proposed for designation. If the requested information is not provided within 90 calendar days, the application will be closed pursuant to CVMC 19.14.700. 2. If an application is closed pursuant to subsection Subsection (C)(1) of this sectionSection, or a designation request is denied as a result of the resource not meeting the findings of fact or eligibility criteria set forth in CVMC 21.04.100, the City shall provide a written explanation for the denial within 10 business days of the decision. 3. The applicant may, under a new application and required fees, submit for designation reconsideration of any resource, which has previously been denied, if new information is presented to support a statement of historical significance for the resource. D. Appeals. All appeals shall be processed pursuant to CVMC 21.12.030. 2022/11/08 City Council Post Agenda Page 687 of 719 Page 62 of 63 Attachment 1 21.04.100 Historical designation – Findings of fact and eligibility criteria. A. Designation of historical resources, excluding exceptional historical resources, by the HPC Planning Commission may occur when the following findings of fact are made: 1. A resource is at least 45 years old; and 2. A resource possesses historical integrity defined under CVMC 21.03.084 and the resource is determined to have historical significance by meeting at least one of the following criteria: Criterion 1: It is associated with an event that is important to prehistory or history on a national, state, regional, or local level. Criterion 2: It is associated with a person or persons that have made significant contributions to prehistory or history on a national, state or local level. Criterion 3: It embodies the distinctive characteristics of a style, type, period, or method of construction, or represents the work of a master or important, creative individual, and/or possesses high artistic values. Criterion 4: It is an outstanding example of a publicly owned historical landscape, that represents the work of a master landscape architect, horticulturist, or landscape designer, or a publicly owned historical landscape that has potential to provide important information to the further study of landscape architecture or history. Criterion 5: It has yielded or may be likely to yield information important in prehistory or the history of Chula Vista, the state, region, or nation. B. Designation of an exceptional historical resource may be considered only if: 1. The HPC Planning Commission considers and makes a recommendation to the Council; and 2. It has been demonstrated through expert technical analysis and verifiable evidence that all of the following findings of fact are made: 2022/11/08 City Council Post Agenda Page 688 of 719 Page 63 of 63 Attachment 1 a. The resource meets criteria and the findings of fact for designation found in subsections Subsections (A)(1) and (A)(2) of this section; and b. The resource is the best representative sample of its kind or the last of its kind; and c. The resource is an exceptionally important component of the City’s history and loss or impairment of the resource would be detrimental to the City’s heritage; and 3. Four-fifths vote of the Council vote to designate the resource as an exceptional historical resource. 2022/11/08 City Council Post Agenda Page 689 of 719 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: YOUTH ACTION COUNCIL POLICY EFFECTIVE NUMBER DATE PAGE 110-15 08/14/07 1 OF 1 ADOPTED BY: Resolution No. 2007-222 DATED: 08/14/07 AMENDED BY: Purpose The purpose of this policy is to establish the Youth Action Council to replace the previous Youth Advisory Commission, which expired in April 2007 per provisions of Ordinance 2904; adopted in April 2003. The Youth Action Council is hereby created to increase the number of high school students who have an opportunity to perform community service, gain first-hand experience in local government, and become informed stakeholders in the community. The further purpose of this policy is to set forth membership requirements, term requirements, meeting date and time, and possible activities for Youth Action Council members. Policy The City Council establishes the following policy and procedures for the organization and operationsy of the Youth Action Council, 1. Members shall be Chula Vista residents. 2. Members shall be high school students in grades 10, 11 or 12. The members' high school location is not limited to Chula Vista, as long as members are a resident of Chula Vista. Members may represent public or private high schools, or a home-schooled organization. 3. Members shall serve one-year, renewable terms from September 1 through June 30. 4. The selection process for members may be guided by the school's ASB, administrator or by open process. The Library staff liaison and Department of Mayor and Council representative shall conduct open-process interviews. 5. All members must complete an application as with the City's Boards and Commissions. 6. Unless the Youth Action Council otherwise establishes another regular meeting place, date, and time, and advises the city clerk accordingly, the Youth Action Council shall meet once a month, on the first Monday of each month at 5:30 p.m. in the Library Conference Room in the Civic Center branch of the Chula Vista Public Library located at 365 F Street, Chula Vista. Meeting dates will coincide with the traditional school year calendar (10 meetings per year, September 1 — June 30). 7. The Youth Action Council program will focus on community service, such as Beautify Chula Vista, Christmas in October, the Starlight Parade, Day of the Child, tree planting and volunteering time at the Animal Shelter and Nature Center. The Youth Action Council program will include city government education, such as attending City Council meetings and other Board and Commission meetings. Members will participate in various City activities, such as the historic home site survey, ride-a-longs with the Police Department and preparations for the Mayor's State of the City Address. 2022/11/08 City Council Post Agenda Page 690 of 719 v . 0 03 P a g e | 1 November 8, 2022 ITEM TITLE Agreement Amendment: Approve an Amendment to the Original Amendment with HomeFed Village III, Master, LLC and Flat Rock Land Company, LLC, to satisfy Park Land Development Obligations in Otay Ranch Village 3 and a Portion of Otay Ranch Village 4 Report Number: 22-0174 Location: Otay Ranch Village 3 North and a Portion of Village 4 Sectional Planning Area ("Village 3"), located at Heritage Road and Main Street Department: Development Services Environmental Notice: The Project was adequately covered in previously certified Final Environmental Impact Report (EIR 13-01)-SCH #2013071077 for the University Villages and Final Second Tier Environmental Impact Report (EIR 02-02) - SCH #2003091012 for the Otay Ranch Village 2, 3 and a Portion of 4 and all addenda and amendments. Recommended Action Adopt a resolution approving an amendment to the original agreement with HomeFed Village III, Master, LLC and Flat Rock Land Company, LLC, to satisfy Park Land Development Obligations in Otay Ranch Village 3 and a portion of Otay Ranch Village 4. SUMMARY An Agreement regarding Construction of Parks (“Parks Agreement”) has been made between HomeFed Village III, Master, LLC, a Delaware limited liability company (collectively, “Master Developer” or “HomeFed”) and Flat Rock Land Company, LLC, a Delaware limited liability company, (collectively, “Developer Parties”), and the City of Chula Vista, to amend the Parks Agreement to 1) allow payment of Parkland Development in- lieu fees equivalent with the 4.7-acre Irrevocable Offer to Dedicate (“IOD”); 2) add Flat Rock as owner of Parcel R-20 to the Original Parks Agreement and 3) address how Developer Parties will satisfy the 2.21-acre additional Park Obligation through the dedication of community park land and payment of in-lieu parkland development fees, consistent with Chula Vista Municipal Code (“CVMC”) Chapter 17.10. Item 5.10 – Staff Report – Added on 11/04/2022 2022/11/08 City Council Post Agenda Page 691 of 719 P a g e | 2 ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the Project was adequately covered in previously certified Final Environmental Impact Report (EIR 13-01) - SCH #2013071077 for the University Villages and Final Second Tier Environmental Impact Report (EIR 02-02) - SCH #2003091012 for the Otay Ranch Village 2, 3 and a Portion of 4 and all addenda and amendments. Thus, no additional environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Background On December 6, 2016, the City of Chula Vista and Master Developer entered into a Parks Agreement regarding the Construction of Neighborhood Park P-1 in Otay Ranch Village 3 and a portion of Community Park P-2 in Otay Ranch Village 4, recorded in the Office of the San Diego County Recorder, Document No. 2016-0700044, (the “Original Parks Agreement”). In addition to the recorded Original Parks Agreement, Master Developer provided the City of Chula Vista with an IOD on Village 3 North Final Map No. 16160, recorded in the Office of the San Diego County Recorder, Document No. 2016-7000534, for the 7.5-acre Neighborhood Park P-1 (Lot “A”). A second IOD for 4.7-acres within the Community Park P-2 in Otay Ranch Village 4 (“Otay Ranch Community Park North”) was provided by a separate instrument. On August 14, 2018, the City of Chula Vista and Master Developer entered into a First Amendment to the Original Agreement regarding a budget shortfall for the Neighborhood Park P-1, recorded in the Office of the San Diego County Recorder, Document No. 2018-0416193, (the “First Amendment”). The City and Master Developer agreed to each contribute matching funds of $500,000 each for a combined total not to exceed one million dollars ($1,000,000), in addition to the Development Fees pursuant to the Original Agreement. Otay Ranch Village Second Amendment to Original Agreement On June 15, 2021, the City Council approved the Otay Ranch Village 3 and a Portion of Otay Ranch Village 4 Sectional Planning Area (“SPA”) Amendment, Resolution No. 2021-122, which authorized amendments to the land use designations within neighborhoods R-6, R-19, and R-20, which resulted in an additional parkland obligation of 2.21-acres. The Second Amendment to the Original Agreement is amended as follows:  The City of Chula Vista and Developer Parties may enter into a future agreement, which may, at a minimum, provide for an alternative method of satisfying a portion of the Village 3 Park Land Development Obligations. Such Agreement shall be subject to City Council approval.  The Original Agreement required the Master Developer to post a bond in amount equal to 110% of the preliminary budget for Otay Ranch Community Park North allocated to Village 3 (the “Community Park Bond”). Master Developer agrees it has an obligation to pay the Parkland Development in-lieu fees equal to 4.7-acres. If the future agreement is not approved by the City Council prior to issuance of the building permit for the fifty-fifth (55) residential unit within neighborhood R-20, then Master Item 5.10 – Staff Report – Added on 11/04/2022 2022/11/08 City Council Post Agenda Page 692 of 719 P a g e | 3 Developer shall pay the Parkland Development in-lieu fees equal to 4.7-acres., consistent with CVMC Chapter 17.10.  Developer Parties shall satisfy its 2.21-acre additional park obligation by paying Parkland Development in-lieu fees, as authorized in CVMC 17.10.100. Per Ordinance No. 3163, the amount of in-lieu fees shall be based on the current Parkland Development Fee at the time payment is due and consistent with the annual index-based adjustment authorized by CVMC 17.10.110.  Developer Parties granted a Community Park IOD for the 2.21 net acre obligation within the property located in Area P-2 of Tentative Map CVT-13-03, Otay Ranch Village 8 East (Village 8E P-2 Otay Ranch Community Park South). DECISION-MAKER CONFLICT 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 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 City Council members, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There are no current year fiscal impacts to the General Fund or the Development Services Fund as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund or the Development Services Fund as a result of this action. Future costs related to park construction and park construction costs over time will be covered by the Developer, as outlined in the Parks Agreement. ATTACHMENTS 1. Location Map 2. Second Amendment to Agreement Staff contact: Bethany McDonnell, Landscape Planner II Patricia Ferman, Principal Landscape Architect Laura C. Black, AICP, Director of Development Services Item 5.10 – Staff Report – Added on 11/04/2022 2022/11/08 City Council Post Agenda Page 693 of 719 Project Location Map Item 5.10 - Project Map Added 11/04/2022 2022/11/08 City Council Post Agenda Page 694 of 719 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Chula Vista 276 Fourth Avenue Chula Vista CA 91910 Attn: City Clerk No fee for recording pursuant to Government Code Section 27383 THIS SPACE ABOVE FOR RECORDER’S USE SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA HOMEFED VILLAGE III MASTER, LLC AND FLATROCK LAND COMPANY, LLC FOR CONSTRUCTION OF NEIGHBORHOOD PARK P-1 IN OTAY RANCH VILLAGE 3 AND A PORTION OF COMMUNITY PARK P-2 IN OTAY RANCH VILLAGE 4 Item 5.10 - Second Amendment Added on 11/07/2022 2022/11/08 City Council Post Agenda Page 695 of 719 2 SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND HOMEFED VILLAGE III MASTER, LLC FLATROCK LAND COMPANY, LLC FOR CONSTRUCTION OF NEIGHBORHOOD PARK P-1 IN OTAY RANCH VILLAGE 3 AND A PORTION OF COMMUNITY PARK P-2 IN OTAY RANCH VILLAGE 4 This Second Amendment (the “Second Amendment”) is effective as of this ____ day of __________, 2022_(the “Effective Date”) by and between the CITY OF CHULA VISTA (the “City”), a municipal corporation and charter city and HOMEFED VILLAGE III, MASTER, LLC, a Delaware limited liability company (referred to herein as “Master Developer” or “HomeFed”), and FLATROCK LAND COMPANY, LLC, a Delaware limited liability company (“FlatRock”) (sometimes collectively referred to as “Developer Parties”) with reference to the following facts: RECITALS WHEREAS, City and Master Developer previously entered into that certain agreement, namely, Agreement Regarding Construction of Neighborhood Park P-1 in Otay Ranch Village 3 and a portion of Community Park P-2 in Otay Ranch Village 4, recorded in the Office of the San Diego County Recorder, Document Recording Reference No. 2016-0700044, (the “Original Agreement”) on December 6, 2016; and WHEREAS, the Original Agreement was amended pursuant to the terms of that certain First Amendment to Agreement Regarding Construction of Neighborhood Park P-1 in Otay Ranch Village 3 and a portion of Community Park P-2 in Otay Ranch Village 4, recorded in the Office of the San Diego County Recorder, Document Recording Reference No. 2018-0416193, (the “First Amendment”) on August 14, 2018; and WHEREAS, the Original Agreement as amended by the First Amendment (referred to hereinafter simply as the “Original Agreement”), set forth the terms for Master Developer’s satisfaction of its parks requirements with respect to Otay Ranch Villages 3 and 4 (the “Original Parks Requirements”); and WHEREAS, pursuant to the terms of the Original Agreement, in partial satisfaction of the Original Parks Requirement, Master Developer provided City an Irrevocable Offer of Dedication (“IOD”) on Village 3 North Final Map No. 16160, recorded in the Office of the San Diego County Recorder, Document Recording Reference No. 2016-7000534, for the 7.5-acre Neighborhood Park P- 1; and WHEREAS, pursuant to the terms of the Original Agreement, and in further satisfaction of the Original Parks Requirements, Master Developer also (1) delivered to City an IOD for 4.7-acres within the Community Park P-2 in Otay Ranch Village 4 (“Community Park North IOD”) and (2) committed to post a bond with the City (the “Community Park Bond”) prior to the building permit issuance for the 782nd residential unit within Village 3 in an amount equal to 110% of the preliminary budget for the development of the park now commonly referred to as “Community Park North” (the Community Park Item 5.10 - Second Amendment Added on 11/07/2022 2022/11/08 City Council Post Agenda Page 696 of 719 3 North IOD and the Community Park Bond are collectively referred to herein as the “Community Park North Obligation”); and WHEREAS, City and Master Developer also desire to amend the Original Agreement to allow Master Developer to satisfy its outstanding Community Park North Obligation either by (1) paying Parkland Development Fees consistent with Chula Vista Municipal Code Chapter 17.10 et seq. (“CVMC 17.10”) instead of posting the Community Park Bond; or (2) entering into a new agreement, subject to City Council approval, for the development of park at an alternative location; and WHEREAS, on June 15, 2021, City approved the Village 3 and a Portion of Village 4 Sectional Planning Area (“SPA”) Amendment by Resolution No. 2021-122 of the City Council which authorized amendments to the land use designations with neighborhoods R-6, R-19 and R-20, resulting in an additional park obligation of approximately 2.21-acres, as calculated in the Village 3 and a Portion of Village 4 Supplemental Public Facilities Financing Plan, Table H.4 and an obligation to pay in-lieu parkland development fees for units within neighborhoods R-6, R-19 and R-20 (the “Additional Park Obligation”); and WHEREAS, City and Master Developer also desire to Amend the Original Agreement to address how Developer Parties will satisfy the Additional Park Obligation through the dedication of 2.21 acres of community park land and payment of Parkland Development Fees, consistent with CVMC 17.10; and WHEREAS, FlatRock Land Company LLC, a Delaware limited liability company (“FlatRock”), an affiliate thereof, has acquired approximately 10 (ten) acres located in Village 3 (the “R-20 Property”). WHEREAS, pursuant to the terms of Section 14.11.1 of the Original Agreement, and by acknowledging and agreeing to the terms of this Second Amendment, FlatRock has agreed to be bound by the terms of the Original Agreement, as amended hereby, applicable to the R-20 Property, including, without limitation the Additional Park Obligations; NOW, THEREFORE, in consideration of the above Recitals and the mutual obligations of the parties set forth herein, City, Master Developer and FlatRock agree as follows: Section I. Amendments to Original Agreement Section 4.1 is hereby amended and restated in its entirety as follows: 4.1 Community Park Budget. The Community Park Budgets both with respect to the Community Park North and Community Park South, as described below, shall be revised annually, consistent with the annual index-based adjustment of in-lieu development fees authorized by CVMC 17.10.110, until such time as the Development Fees are paid for the development of the such Community Parks. Section 4.2 is hereby amended and restated in its entirety as follows: 4.2 Community Park North. Master Developer agrees it has an outstanding obligation to fulfill its Community Park North Obligation. Master Developer shall fulfill such obligation as follows: Item 5.10 - Second Amendment Added on 11/07/2022 2022/11/08 City Council Post Agenda Page 697 of 719 4 (a) Master Developer shall provide an Irrevocable Offer of Dedication to the City for 4.7-acres within the Community Park P-2 in Otay Ranch Village 4 (“Community Park North IOD”) upon recordation of the First Final Map for Village 3 (Exhibit A). (b) Master Developer shall pay to City Parkland Development Fees calculated based upon the development of 4.7-acres of park pursuant to the terms of CVMC 17.10 by no later than City’s issuance of the building permit for fifty-fifth (55) residential unit within neighborhood R-20. In order to allow for negotiations to occur between City and Master Developer for a possible alternative mechanism for Master Developer’s fulfillment of its Community Park North Obligation, the City Manager shall have the authority to extend this building permit trigger, in City Manager’s sole discretion, until prior to the issuance of the building permit for the 112nd residential unit within neighborhood R-20. Per Ordinance No. 3324, the amount of the Development Fee due and payable shall be calculated at the time payment is due consistent with terms of CVMC 17.10.110, including any applicable index- based adjustment authorized thereunder. Section 4.3 is hereby amended and restated to read in its entirety as follows: 4.3. Additional Obligation for Community Park South. Master Developer agrees it has an outstanding obligation to fulfill its Additional Park Obligation. Master Developer shall fulfill such obligation as follows: (a) Master Developer, or Developer parties as their interests may arise, shall grant an IOD (Exhibit A) prior to the recordation of the first Final Map in Village 3 for R-19, R-6 or R- 20, whichever comes first, for a total of 2.21 net acres of Community Park Land as provided in the Conditions of Approval for the Tentative Maps (CVT-20-0004 AND CVT-20-0005). The 2.21 net acre IOD shall be recorded on property located in Area P-2 of Tentative Map CVT-13-03, Otay Ranch Village 8 East (Village 8E P-2 Otay Ranch Community Park South), to the satisfaction of the Director of Development Services (Exhibit B). (b) Developer Parties shall pay to City Parkland Development Fees for residential units within neighborhoods R-6, R-19 and R-20 pursuant to the terms of CVMC 17.10 prior to final Building Permit inspections for each respective neighborhood. Per Ordinance No. 3324, the amount of the Development Fee shall be based on the current Parkland Development Fee at the time payment is due and consistent with the annual index-based adjustment authorized by CVMC 17.10.110. Section II. Miscellaneous Provisions of this Second Amendment a. Except as expressly provided herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. Except as separately defined herein, or the context otherwise requires, all capitalized terms herein shall have the meanings ascribed thereto in the Original Agreement. b. Each party represents that it has full right, power and authority to execute this Second Amendment and to perform its obligations hereunder, without the need for any further action Item 5.10 - Second Amendment Added on 11/07/2022 2022/11/08 City Council Post Agenda Page 698 of 719 5 under its governing instruments, and the parties executing this Second Amendment on the behalf of such party are duly authorized agents with authority to do so. c.This Second Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Second Amendment after each party has signed such a counterpart. d.The captions and heading of this Second Amendment are for convenience only and shall not define or limit the provisions hereof. e.FlatRock as a new signatory to the Original Agreement hereby acknowledges and agrees that it shall be bound by all provisions of the Original Agreement, as well as, any provisions amended in the Original Agreement by this Second Amendment. FlatRock’s obligations shall be joint and several with those of the Master Developer. [Remainder of page intentionally left blank] Item 5.10 - Second Amendment Added on 11/07/2022 2022/11/08 City Council Post Agenda Page 699 of 719 6 SIGNATURE PAGE TO SECOND AMENDMENT TO AGREEMENT REGARDING CONSTRUCTION OF NEIGHBORHOOD PARK P-1 IN OTAY RANCH VILLAGE 3 AND A PORTION OF COMMUNITY PARK P-2 IN OTAY RANCH VILLAGE 4 + HOMEFED VILLAGE III MASTER, LLC, a Delaware limited liability company CITY OF CHULA VISTA, a California charter city and municipal corporation BY:_______________________________ BY:_________________________________ CHRIS FOULGER MARIA KACHADOORIAN VICE PRESIDENT CITY MANAGER FLATROCK LAND COMPANY, LLC, a Delaware limited liability company ATTEST BY:_______________________________ BY:________________________________ CHRIS FOULGER KERRY BIGELOW VICE PRESIDENT CITY CLERK BY:_______________________________ GLEN R. GOOGINS CITY ATTORNEY https://chulavistaca-my.sharepoint.com/personal/mshirey_chulavistaca_gov/Documents/Covid-19 Work From Home/Projects/Village 3/Parks/Agreements/2nd Amendment/V3ParkAgreement-SecondAmend-1.20.22-ACADraft.docx Item 5.10 - Second Amendment Added on 11/07/2022 2022/11/08 City Council Post Agenda Page 700 of 719 7 State of California ) County of San Diego ) On , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature State of California ) County of San Diego ) On , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Item 5.10 - Second Amendment Added on 11/07/2022 2022/11/08 City Council Post Agenda Page 701 of 719 8 Attachments: Exhibit "A": 4.7-acre Irrevocable Offer of Dedication Exhibit "B": 2.21-acre Irrevocable Offer of Dedication Exhibit “C”: Ownership Map Item 5.10 - Second Amendment Added on 11/07/2022 2022/11/08 City Council Post Agenda Page 702 of 719 9 EXHIBIT "A" Irrevocable Offer of Dedication for 4.7 acres [See Attached] Item 5.10 - Second Amendment Added on 11/07/2022 2022/11/08 City Council Post Agenda Page 703 of 719 Item 5.10 - Second Amendment Added on 11/07/2022 Exhibit A 2022/11/08 City Council Post Agenda Page 704 of 719 Item 5.10 - Second Amendment Added on 11/07/2022 2022/11/08 City Council Post Agenda Page 705 of 719 Item 5.10 - Second Amendment Added on 11/07/2022 2022/11/08 City Council Post Agenda Page 706 of 719 Item 5.10 - Second Amendment Added on 11/07/2022 2022/11/08 City Council Post Agenda Page 707 of 719 Item 5.10 - Second Amendment Added on 11/07/2022 2022/11/08 City Council Post Agenda Page 708 of 719 Item 5.10 - Second Amendment Added on 11/07/2022 2022/11/08 City Council Post Agenda Page 709 of 719 10 EXHIBIT "B" Irrevocable Offer of Dedication for 2.21 acres [See Attached] Item 5.10 - Second Amendment Added on 11/07/2022 2022/11/08 City Council Post Agenda Page 710 of 719 Item 5.10 - Second Amendment Added on 11/07/2022 Exhibit B 2022/11/08 City Council Post Agenda Page 711 of 719 Item 5.10 - Second Amendment Added on 11/07/2022 2022/11/08 City Council Post Agenda Page 712 of 719 Item 5.10 - Second Amendment Added on 11/07/2022 2022/11/08 City Council Post Agenda Page 713 of 719 Item 5.10 - Second Amendment Added on 11/07/2022 2022/11/08 City Council Post Agenda Page 714 of 719 Item 5.10 - Second Amendment Added on 11/07/2022 2022/11/08 City Council Post Agenda Page 715 of 719 11 EXHIBIT "C" - Ownership Map [See Attached] Item 5.10 - Second Amendment Added on 11/07/2022 2022/11/08 City Council Post Agenda Page 716 of 719 HUNSAKER& ASSOCIATES S A N D I E G O, I N C. 9707 Waples Street (858)558-4500 San Diego, CA 92121 Item 5.10 - Second Amendment Added on 11/07/2022 Exhibit C 2022/11/08 City Council Post Agenda Page 717 of 719 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND HOMEFED VILLAGE III MASTER, LLC FOR CONSTRUCTION OF NEIGHBORHOOD PARK P-1 IN OTAY RANCH VILLAGE 3 AND A PORTION OF COMMUNITY PARK P-2 IN OTAY RANCH VILLAGE 4 WHEREAS, City and HomeFed Village III Master, LLC, a Delaware limited liability corporation (“Master Developer”) previously entered into that certain agreement, namely, Agreement Regarding Construction of Neighborhood Park P-1 in Otay Ranch Village 3 and a portion of Community Park P-2 in Otay Ranch Village 4, recorded in the Office of the San Diego County Recorder, Document Recording Reference No. 2016-0700044, (the “Original Agreement”) on December 6, 2016; and WHEREAS, the Original Agreement was amended pursuant to the terms of that certain First Amendment to Agreement Regarding Construction of Neighborhood Park P-1 in Otay Ranch Village 3 and a portion of Community Park P-2 in Otay Ranch Village 4, recorded in the Office of the San Diego County Recorder, Document Recording Reference No. 2018-0416193, (the “First Amendment”) on August 14, 2018; and WHEREAS, the Original Agreement as amended by the First Amendment (referred to hereinafter simply as the “Original Agreement”), set forth the terms for Master Developer’s satisfaction of its parks requirements with respect to Otay Ranch Villages 3 and 4 (the “Original Parks Requirements”); and WHEREAS, pursuant to the terms of the Original Agreement, in partial satisfaction of the Original Parks Requirement, Master Developer provided City an Irrevocable Offer of Dedication (“IOD”) on Village 3 North Final Map No. 16160, recorded in the Office of the San Diego County Recorder, Document Recording Reference No. 2016-7000534, for the 7.5-acre Neighborhood Park P-1; and WHEREAS, pursuant to the terms of the Original Agreement, and in further satisfaction of the Original Parks Requirements, Master Developer also (1) delivered to City an IOD for 4.7- acres within the Community Park P-2 in Otay Ranch Village 4 (“Community Park North IOD”) and (2) committed to post a bond with the City (the “Community Park Bond”) prior to the building permit issuance for the 782nd residential unit within Village 3 in an amount equal to 110% of the preliminary budget for the development of the park now commonly referred to as “Community Park North” (the Community Park North IOD and the Community Park Bond are collectively referred to herein as the “Community Park North Obligation”); and WHEREAS, City and Master Developer also desire to amend the Original Agreement to allow Master Developer to satisfy its outstanding Community Park North Obligation either by Item 5.10 – Resolution – Added on 11/04/2022 2022/11/08 City Council Post Agenda Page 718 of 719 (1) paying parkland development in-lieu fees consistent with Chula Vista Municipal Code Chapter 17.10 et seq. (“CVMC 17.10”) instead of posting the Community Park Bond; or (2) entering into a new agreement, subject to City Council approval, for the development of park at an alternative location; and WHEREAS, on June 15, 2021, City approved the Village 3 and a Portion of Village 4 Sectional Planning Area (“SPA”) Amendment by Resolution No. 2021-122 of the City Council which authorized amendments to the land use designations with neighborhoods R-6, R-19 and R- 20, resulting in an additional park obligation of approximately 2.21-acres, as calculated in the Village 3 and a Portion of Village 4 Supplemental Public Facilities Financing Plan, Table H.4. (the “Additional Park Obligation”); and WHEREAS, City and Master Developer also desire to Amend the Original Agreement to address how Developer Parties will satisfy the 2.21-acre Additional Park Obligation through the dedication of community park land and payment of in-lieu parkland development fees, consistent with CVMC 17.10; and WHEREAS, on June 15, 2021, Master Developer transferred its interest in that certain real property comprised of approximately 10 (ten) acres located in Village 3 (the “R -20 Property”) to Flat Rock Land Company LLC, a Delaware limited liability company (“Flat Rock”), which, pursuant to the terms of Section 14.11.1 of the Original Agreement, and by acknowledging and agreeing to the terms of this Second Amendment, has agreed to be bound by the terms of the Original Agreement, as amended hereby, applicable to the R-20 Property, including, without limitation the Additional Park Obligations; WHEREAS, the City of Chula Vista and Developer Parties may enter into a future agreement, which may, at a minimum, provide for an alternative method of satisfying a portion of the Village 3 park land development obligations. Such agreement shall be subject to City Council approval; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Second Amendment to an Agreement between the City of Chula Vista and HomeFed Village III Master, LLC for the construction of Neighborhood Park P-1 in Otay Ranch Village 3 and a Portion of Community Park P-2 in Otay Ranch Village 4 substantially in the form presented, with such minor modifications as may be required or approved by the City Attorney. Presented by Approved as to form by Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney Item 5.10 – Resolution – Added on 11/04/2022 2022/11/08 City Council Post Agenda Page 719 of 719