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HomeMy WebLinkAbout2024/01/09 Post Agenda Packet Date:Tuesday, January 9, 2024, 5:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA REGULAR CITY COUNCIL MEETING Watch live in English and Spanish: chulavistaca.gov/councilmeetings or Cox Ch. 24 (English only). Free Spanish interpretation is available on-site. _______________________________________________________________________________________ In-Person Public Comments: Submit a request to speak to City Clerk staff at the meeting. Electronic Public Comments: At chulavistaca.gov/councilmeetings, locate the meeting and click the comment bubble icon. Select the item and click "Leave Comment." eComments are accepted until comments on the item are concluded. You may also email cityclerk@chulavistaca.gov. Watch Live or Recorded (English and Spanish): Visit chulavistaca.gov/councilmeetings. Click "ES" at the bottom to switch to Spanish. Closed captioning is available in both languages. Accessibility: In compliance with the American Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at cityclerk@chulavistaca.gov or (619) 691-5041. Providing at least 48 hours' notice will help ensure that reasonable arrangements can be made. Gov. Code § 84308: Parties to any proceeding involving a license, permit, or other entitlement for use pending before the City Council must disclose any campaign contribution over $250 (aggregated) within the preceding 12 months made by the party, their agent, and those required to be aggregated with their contributions under Gov. Code § 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s). "G.C. § 84308: Yes" on this agenda indicates that the item is subject to these regulations. Full Agenda Packet: The full agenda packet, including staff reports, draft resolutions and ordinances, and other backup materials, is available at chulavistaca.gov/councilmeetings or the City Clerk's Office. Speaker Time Limits: The time allotted for speakers may be adjusted by the Presiding Officer. - Five minutes* for items on the agenda - Three minutes* for matters not on the agenda - A group 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 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 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. Before the vote, there is no separate discussion of these items unless Councilmembers, staff, or the public request items be removed. Removed items are discussed after the vote on the remaining consent calendar items. Public Comment provides an opportunity to address the City Council on any matter not listed on the agenda that is within the jurisdiction of the City Council. Under the Brown Act, the City Council cannot take action on matters not listed on the agenda. Public Hearings are held on matters specifically required by law. Following presentations from staff, if any, and questions from the Councilmembers, the Mayor opens the public hearing and asks for public comments. After public comments, the hearing is closed, and the City Council may discuss and take action. Action Items are items expected to cause discussion and/or action by the City Council but do not legally require a public hearing. Staff may make a presentation and Councilmembers may ask staff and the involved parties questions before the Mayor invites public input. Closed Session may only be attended by members of the City Council, support staff, and/or legal counsel. The common purpose of closed session is to avoid revealing confidential information that may prejudice the City's legal or negotiating position or compromise employees' privacy interests. Closed session may be held only in very limited circumstances as authorized by law. CITY COUNCIL ACTIONS: Resolutions are formal expressions of opinion or intention of the City Council and are usually effective immediately. Ordinances are laws adopted by the City Council. Ordinances usually amend, repeal, or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings and go into effect 30 days after the final approval. Proclamations are issued by the City to honor significant achievements by community members, highlight an event, promote awareness of community issues, and recognize City employees. City of Chula Vista - City Council January 9, 2024 Post Agenda Page 2 of 477 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 Oaths of Office: Board of Ethics - Leslie Hurst Privacy Protection and Technology Advisory Commission - Guy Chambers - Robert Godinez - Susan Lake - Pati Ruiz - Devon Williams - Eric Wood Veterans Advisory Commission - Anthony Stewart 5.CONSENT CALENDAR (Items 5.1 through 5.12) Consent Calendar items are considered together and acted upon by one motion. There is no separate discussion of the items unless a Councilmember, staff, or the public requests an item be removed for separate consideration. RECOMMENDED ACTION: City Council approve the recommended action on the below consent calendar items. 5.1 Approve Meeting Minutes 12 RECOMMENDED ACTION: Approve the minutes dated: December 12, 2023 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. City of Chula Vista - City Council January 9, 2024 Post Agenda Page 3 of 477 5.3 Public Participation: Adopt an Ordinance to Amend the Chula Vista Municipal Code to Revise and Implement Regulations for the Orderly Conduct of Public Meetings 22 Report Number: 23-0327 Location: No specific geographic location Department: City Attorney & City Manager G.C. § 84308: No Environmental Notice: This 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 an ordinance amending various sections in Chula Vista Municipal Code Chapter 2.04 to revise and implement regulations on public participation in public meetings, including procedures and regulations for addressing disorderly conduct and rules and time limits for addressing the City Council. (Second Reading and Adoption) 5.4 Employee Compensation and Positions: Adopt an Ordinance Adding the Unclassified Position Title of Animal Care Facility Administrator 58 Report Number: 23-0287 Location: No specific geographic location Department: Human Resources G.C. § 84308: No 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 an ordinance amending Chula Vista Municipal Code Section 2.05.010 adding the unclassified position of Animal Care Facility Administrator (Second Reading and Adoption) (4/5 Vote Required) City of Chula Vista - City Council January 9, 2024 Post Agenda Page 4 of 477 5.5 Agreement: Approve an Agreement with Raymond James & Associates, Inc. to Provide Underwriter Services 61 Report Number: 24-0004 Location: Community Facilities Districts 06-I IA A, 06-I IA B, 07-I, 08-I, and 2001-2 Department: Finance G.C. § 84308: No 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 approving an agreement with Raymond James & Associates, Inc. to provide underwriter services in connection with the bond refinancing of the Chula Vista Municipal Financing Authority Special Tax Revenue Refunding Bonds, Series 2013. 5.6 Agreement: Approve an Agreement with Spicer Consulting Group, LLC to Provide Special Tax Consultant and Other Administration Services 96 Report Number: 23-0278 Location: The Community Facilities Districts and Open Space Districts are located throughout the City. For specific locations, please see Attachment Nos. 3 and 4 Department: Finance G.C. § 84308: Yes 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 approving an agreement with Spicer Consulting Group, LLC to provide Special Tax Consultant and Other Administration Services. City of Chula Vista - City Council January 9, 2024 Post Agenda Page 5 of 477 5.7 Ambulance Transport Services: Approve Continued Participation in the Public Provider Ground Emergency Medical Transport Intergovernmental Transfer 179 Report Number: 24-0006 Location: No specific geographic location Department: Fire G.C. § 84308: No 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 authorizing the City Manager to execute the PP-GEMT-IGT certification form to participate in the Public Provider Intergovernmental Transfer Program for Ground Emergency Medical Transportation Services and amending the Fiscal Year 2023-24 budget. (4/5 Vote Required) 5.8 Agreement: Approve an Agreement with Soundskilz Inc. to Provide Event Planning Coordination Services for City Events 188 Report Number: 23-0326 Location: No specific geographic location Department: City Manager G.C. § 84308: No Environmental Notice: This 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 an agreement with Soundskilz, Inc. to provide event planning coordination services for City events through January 30, 2029. 5.9 Purchase Agreement: Approve the Purchase of Police Vehicles from Sedano Ford and Bob Stall Chevrolet 252 Report Number: 24-0011 Location: No specific geographic location Department: Police G.C. § 84308: No 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. City of Chula Vista - City Council January 9, 2024 Post Agenda Page 6 of 477 RECOMMENDED ACTION: Adopt resolutions: A) Authorizing the purchase of up to 25 Ford Interceptor Utility Hybrid Vehicles from Sedano Ford, and B) Authorizing the purchase of 10 Chevrolet Blazer 9C1 Police Package Vehicles from Bob Stall Chevrolet. 5.10 Ratification of Appointment: City Manager’s Appointment of the Director of Human Resources/Risk Management – Tanya Tomlinson 257 Report Number: 24-0024 Location: No specific geographic location Department: Human Resources G.C. § 84308: No 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 ratifying the City Manager’s appointment of Tanya Tomlinson as Director of Human Resources/Risk Management. 5.11 Grant Award and Appropriation: Accept the Roy and Marian Holleman Foundation Grant to Renew Animal Care Resources and Appropriate Funds 262 Report Number: 24-0008 Location: No specific geographic location Department: Animal Services G.C. § 84308: No 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 $33,200 in grant funds from the Roy and Marian Holleman Foundation to provide animal care improvements at the Animal Care Facility and provide community resources aimed to prevent surrender and appropriating funds for that purpose. (4/5 Vote Required) City of Chula Vista - City Council January 9, 2024 Post Agenda Page 7 of 477 5.12 Appointment: Approving the Appointment of the Assistant City Manager to Serve in the City Manager’s Place During Temporary Absences or Disability 265 Report Number: 24-0031 Location: No specific geographic location Department: City Manager G.C. § 84308: No Environmental Notice: This 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 ratifying and approving the appointment of the Assistant City Manager to serve in the City Manager’s place during the City Manager’s temporary absence or disability. 6.PUBLIC COMMENTS 268 The public may address the Council on any matter within the jurisdiction of the City Council but not on the agenda. 7.ACTION ITEMS 7.1 Harborside Park: Amend the Fiscal Year 2023-24 Capital Improvement Program Budget, Allocate Measure P Funds, and Waive Fees 280 Report Number: 24-0030 Location: Harborside Park – 670 Oxford Street Department: City Manager G.C. § 84308: No Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 Class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land). RECOMMENDED ACTION: Adopt a resolution 1) amending the fiscal year 2023-24 capital improvement program budget by establishing new CIP Project, PRK0344 “Harborside Park Renovations” and appropriating funds therefor; and (2) amending the Measure P Infrastructure, Facilities, and Equipment Expenditure Plan to allocate approximately $1,250,000 in unallocated revenue. (4/5 Vote Required) City of Chula Vista - City Council January 9, 2024 Post Agenda Page 8 of 477 7.2 Welcoming America: Receive a Presentation on Welcoming America’s Certified Welcoming Program and Provide Formal Direction to Staff 334 Report Number: 24-0028 Location: No specific geographic location Department: City Manager G.C. § 84308: Yes 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: Staff requests that Council take a formal vote to provide direction to staff to proceed with Welcoming City recertification. 7.3 Contract Amendment: Approve an Amendment to the Contract with the Board of Administration and CalPERS for Local 2180 International Association of Fire Fighters Classic Members to Make an Additional Contribution Pursuant to Government Code Section 20516 389 Report Number: 23-0294 Location: No specific geographic location Department: Human Resources G.C. § 84308: No 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 an ordinance to approve an amendment to the contract between the Board of Administration, California Public Employees' Retirement System (CalPERS) and the City of Chula Vista to provide a mandatory employee contribution for all classic Local Safety members of the Local 2180 International Association of Fire Fighters of 1% of salary as provided under Government Code § 20516. (Second Reading and Adoption) City of Chula Vista - City Council January 9, 2024 Post Agenda Page 9 of 477 7.4 Employee Compensation: Approve the Revised Compensation Schedule that Reflect Elected Officials’ Salaries Pursuant to the City Charter 393 Report Number: 24-0025 Location: No specific geographic location Department: Human Resources G.C. § 84308: No 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) Approving the revised Fiscal Year 2023/24 Compensation Schedule effective January 12, 2024, to reflect the adjusted salaries for Mayor, Councilmember, and City Attorney, and B) Amending the Fiscal Year 2023/24 budget. (4/5 Vote Required) 8.CITY MANAGER’S REPORTS 9.MAYOR’S REPORTS 9.1 Appointment to the Privacy Protection and Technology Advisory Commission for the Initial Ex Officio Seat 470 - Marlano Batson 10.COUNCILMEMBERS’ COMMENTS 11.CITY ATTORNEY'S REPORTS 12.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) 12.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d(1) A) Name of case: Estate of Bradley Munroe, by its successors in interest Marci Munroe and Lee Munroe, et al, v. City of Chula Vista, et al.; United States District Court, Southern District; Case No. 23-cv-2253-RBM-SBC. B) Name of Case: Arturo Castanares v. City of Chula Vista, San Diego Superior Court, Case No. 37-2021-17713-CU-MC-CTL City of Chula Vista - City Council January 9, 2024 Post Agenda Page 10 of 477 13.ADJOURNMENT to the regular City Council meeting on January 16, 2024 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. City of Chula Vista - City Council January 9, 2024 Post Agenda Page 11 of 477 City of Chula Vista Regular City Council Meeting MINUTES December 12, 2023, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, Mayor McCann Also Present: City Manager Kachadoorian; Jill Maland representing Lounsbery Ferguson Altona & Peak LLP; Interim Acting City Attorney, City Clerk Bigelow; Deputy Director of City Clerk Services Turner Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________ 1. CALL TO ORDER The meeting was called to order at 5:02 p.m. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Councilmember Chavez. 4. SPECIAL ORDERS OF THE DAY 4.1 Presentation of a Proclamation to June Bushfield in Honor of Her 100th Birthday The proclamation was presented. 4.2 Presentation of the 2023 Starlight Parade Awards to the Winning Entries The awards were presented. 5. CONSENT CALENDAR (Items 5.1 through 5.8) Items 5.3 through 5.5 were removed from the consent calendar at the request of a member of the public. City Clerk Bigelow announced that a revised resolution for Item 5.7A had been distributed and that action on the item would be on the revised document. Moved by Mayor McCann Seconded by Deputy Mayor Preciado To approve the recommended actions appearing below consent calendar Items 5.1, 5.2, and 5.6 through 5.8. The headings were read, text waived. The motion was carried by the following vote: Page 12 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 2023-12-12 City Council Regular Meeting Minutes Page 2 Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) 5.1 Approve Meeting Minutes Approval of the minutes dated: December 5, 2023. 5.2 Waive Reading of Text of Resolutions and Ordinances Approval of a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.6 Agreement: Approve a Partial Assignment and Transfer Agreement Regarding the Construction of Park Obligations within Lot 19 of the Millenia Sectional Planning Area Adopt a resolution approving a partial assignment and transfer of agreement regarding the construction of park obligations within Lot 19 located in the Millenia Sectional Planning Area (“SPA”) between Millenia 2022, LLC. and Millenia Lot 19 Owner, LLC., with the consent of the City of Chula Vista. Item 5.6 heading: RESOLUTION NO. 2023-201 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PARTIAL ASSIGNMENT AND TRANSFER AGREEMENT REGARDING CONSTRUCTION OF PARK OBLIGATIONS IN LOT 19 OF THE MILLENIA SECTIONAL PLANNING AREA BETWEEN MILLENIA 2022, LLC. AND MILLENIA LOT 19 OWNER, LLC., WITH CONSENT OF THE CITY OF CHULA VISTA 5.7 Employee Compensation and Positions: Approve Amended Classification Plan and Compensation Schedule; Position Counts; Adopt Amendment to the Contract with Non-Safety IAFF; Revised Compensation Schedule; and Updated Conflict of Interest Code Robert Johnson submitted written comments. Adopt resolutions A through G and place Ordinance H on first reading: A. Resolution amending the Classification Plan and Compensation Schedule to reflect (1) the addition and deletion of position titles and (2) salary adjustments for certain positions and amending the authorized position count in departments B. Resolution approving an amendment to the Memorandum of Understanding (“MOU”) between the City and Non-Safety Local 2180, International Association of Fire Fighters, (“Non-Safety IAFF”) covering the period of July 11, 2023, to June 30, 2026 C. Resolution approving the revised Fiscal Year 2023-2024 Compensation Schedule effective December 15, 2023, as required by the California Code of Regulations, Title 2, Section 570.5 Page 13 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 2023-12-12 City Council Regular Meeting Minutes Page 3 D. Resolution approving the revised Fiscal Year 2023-2024 Compensation Schedule effective December 29, 2023, as required by the California Code of Regulations, Title 2, Section 570.5 E. Resolution approving the revised Fiscal Year 2023-2024 Compensation Schedule effective January 12 2024, as required by the California Code of Regulations, Title 2, Section 570.5 F. Resolution amending the Fiscal Year 2023-24 budget (4/5 Vote Required) G. Resolution 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) H. Ordinance amending Chula Vista Municipal Code Section 2.05.010 adding the unclassified position of Animal Care Facility Administrator (First Reading) (4/5 Vote Required) Item 5.7 headings: A) RESOLUTION NO. 2023-202 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CLASSIFICATION PLAN AND COMPENSATION SCHEDULE TO (1) REFLECT THE ADDITION AND DELETION OF POSITION TITLES AND (2) SALARY ADJUSTMENTS FOR CERTAIN CLASSIFICATIONS AND AMENDING THE AUTHORIZED POSITION COUNT IN VARIOUS DEPARTMENTS B) RESOLUTION NO. 2023-203 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A FIRST AMENDMENT TO THE 2023-2026 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND NON-SAFETY LOCAL 2180, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS C) RESOLUTION NO. 2023-204 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2023-24 COMPENSATION SCHEDULE EFFECTIVE DECEMBER 15, 2023, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 D) RESOLUTION NO. 2023-205 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2023-24 COMPENSATION SCHEDULE EFFECTIVE DECEMBER 29, 2023, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 E) RESOLUTION NO. 2023-206 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2023-24 COMPENSATION SCHEDULE EFFECTIVE JANUARY 12, 2024, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 F) RESOLUTION NO. 2023-207 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2023- 24 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) Page 14 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 2023-12-12 City Council Regular Meeting Minutes Page 4 G) RESOLUTION NO. 2023-208 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 DESIGNATED FILERS, AND ASSOCIATED DISCLOSURE CATEGORIES H) ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLE OF ANIMAL CARE FACILITY ADMINISTRATOR (FIRST READING) (4/5 VOTE REQUIRED) 5.8 Grant Application: Approve a Joint Application with the City of San Diego for a Waste Tire Abatement Grant and Authorize the City of San Diego to Execute All Grant-Related Documents and Grant Activities for January 1, 2024 to December 31, 2029 Robert Johnson submitted written comments. Adopt a resolution approving a joint application for grant funding for waste tire abatement up to $500,000 with the City of San Diego and authorizing the City of San Diego to execute all grant-related documents and grant activities for the next five calendar years or until December 31, 2029. Item 5.8 heading: RESOLUTION NO. 2023-209 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF SAN DIEGO TO SUBMIT A COLLABORATIVE REGIONAL GRANT APPLICATION FOR LOCAL GOVERNMENT WASTE TIRE ENFORCEMENT, EXECUTE GRANT-RELATED DOCUMENTS, AND CONDUCT RELATED ACTIVITIES ON ITS BEHALF FROM JANUARY 1, 2024 TO DECEMBER 31, 2029. ITEMS REMOVED FROM THE CONSENT CALENDAR 5.3 Consider Requests for Excused Absences John Acosta, Chula Vista resident, spoke regarding the item. Consideration of requests for excused absences. No requests were received for that meeting. 5.4 Public Participation: Adopt an Ordinance to Amend the Chula Vista Municipal Code to Revise and Implement Regulations for the Orderly Conduct of Public Meetings The following members of the public spoke in opposition to the item:  Alan C.  John Acosta, Chula Vista resident  Mark  Paul Henkin  Mitchell Bennett  Consuelo Robert Johnson submitted written comments. Page 15 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 2023-12-12 City Council Regular Meeting Minutes Page 5 Moved by Deputy Mayor Preciado Seconded by Councilmember Gonzalez Place the ordinance on first reading as amended to allow members of the public three minutes to speak on agenda items not on the consent calendar and to revise subsection 2.04.330(B)(7) to read “Addressing staff members or individual Councilmembers directly rather than the Council as a whole during the public comment period.” The heading was read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, and Deputy Mayor Preciado No (1): Mayor McCann Result, Carried (4 to 1) Item 5.4 heading: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS OF CHAPTER 2.04 (CITY COUNCIL MEETINGS) OF THE CHULA VISTA MUNICIPAL CODE REGARDING COMMUNICATION WITH COUNCIL AND DISRUPTIVE CONDUCT DURING COUNCIL MEETINGS (FIRST READING) 5.5 Master Agreement: Approve the Zoll One Program Master Agreement for the Lease and Service of Cardiac Monitors and Associated Medical Equipment John Acosta, Chula Vista resident, spoke regarding the item. Robert Johnson submitted written comments. Moved by Mayor McCann Seconded by Councilmember Chavez To adopt Resolution No. 2023-200, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Item 5.5 heading: RESOLUTION NO. 2023-200 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ZOLL ONE PROGRAM MASTER AGREEMENT BETWEEN THE CITY AND ZOLL MEDICAL CORPORATION AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 6. PUBLIC COMMENTS The following members of the public spoke regarding SANDAG:  Alan C.  Delia Dominguez Cervantes  Sandra Hodge, Chula Vista resident Page 16 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 2023-12-12 City Council Regular Meeting Minutes Page 6 Mariana Saponara, Chula Vista resident, representing Nacion Avenue Crusaders, spoke regarding traffic in the area of Nacion Avenue. The following members of the public spoke regarding homelessness:  John Fischer  Brandon Claypool  Carolina Ramirez  Leticia Lares, Chula Vista resident  Roberto E. Ruiz, Chula Vista resident  Joseph Raso, Chula Vista resident The following members of the public spoke regarding public speaking rules:  Mark  Delfina Gonzalez, Chula Vista resident The following members of the public spoke regarding various matters:  John Acosta, Chula Vista resident  Consuelo  Paul Henkin  Mitchell Bennett  Cindy D.  Char 'Dambrosia Robert Johnson submitted written comments. Leticia submitted written comments in support of a dog park in the Castle Park/Harborside Community. At the request of Deputy Mayor Preciado, there was a consensus of the City Council to add an item to a future agenda for staff to provide an update, and the City Council discuss the SR-125. The meeting was recessed at 7:00 p.m. and resumed at 7:11 p.m. 7. PUBLIC HEARINGS 7.1 Vacation of Street: Approve a Summary Vacation of a Portion of Lagoon Drive (F Street) West of Marina Parkway 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 McCann opened the public hearing. Robert Johnson submitted written comments. There being no members of the public who wished to speak, Mayor McCann closed the public hearing. Page 17 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 2023-12-12 City Council Regular Meeting Minutes Page 7 Moved by Mayor McCann Seconded by Councilmember Chavez To adopt Resolution No. 2023-210, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Item 7.1 heading: RESOLUTION NO. 2023-210 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUMMARILY VACATING A PORTION OF LAGOON DRIVE (F STREET) WEST OF MARINA PARKWAY 8. ACTION ITEMS 8.1 Housing Policy Update: Report on Implementation of the Chula Vista Residential Tenant Protection Ordinance, CVMC Chapter 9.65, and Impacts of Recently Adopted California Senate Bill 567 Mayor McCann stated he would abstain from voting on the item due to a potential property-related conflict of interest. He left the dais during the discussion on the item. Director of Housing and Homeless Services Kurz, Management Analyst Rodriguez, and Assistant City Attorney McClurg gave a presentation on the item. The following members of the public expressed concern regarding the tenant protection ordinance.  Joseph Raso, Chula Vista resident, and he provided recommendations  Alan C.  Mark  Paul Henkin  Consuelo Robert Johnson submitted written comments. 8.2 Park Update: Harborside Park – Update on Actions to Date and Analysis of the Potential for the Development of Housing and a Recreation Center on the 5.21-Acre Site Development Services Director Black gave a presentation on the item. The following members of the public in support of reopening Harborside Park:  Delia Dominguez Cervantes  Sandra Hodge, Chula Vista resident, and she spoke on behalf of David Hodge  Anna Renwick, Chula Vista resident  Rudy Ramirez, Chula Vista resident  Marianna Saponara, Chula Vista resident Page 18 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 2023-12-12 City Council Regular Meeting Minutes Page 8  Delfina Gonzalez, Chula Vista resident  Jan Buddingh, Chula Vista resident  John Acosta, Chula Vista resident  Mark and he spoke regarding various other matters  Lillie Hebert, Chula Vista resident  Estela Stachowitz, Chula Vista resident  Olivia Garcia, Chula Vista resident  Cheryl  Roberto Ruiz, Chula Vista resident  Stephanie Rojas  Carolina Ramirez  Roberto, Chula Vista resident, and he spoke on behalf of Sylvia Medina  Alan C. and he spoke on behalf of Shar  Consuelo  Cindy  Leticia Lares, Chula Vista resident  Paul Henkin  Melody Hurt, Chula Vista resident The following members of the public submitted written comments in support of reopening Harborside Park:  Cindy  Concerned Resident  Jerome O. Torres  Yovanna Comacho  Robert Johnson  Leticia Lares There was a consensus of the City Council to direct staff to return to the City Council with a proposed action to reopen Harborside Park. 8.3 Eucalyptus Park: Amend Fiscal Year 2023-24 Capital Improvement Program Budget and Reallocate American Rescue Plan Act Funds from Telegraph Canyon Culvert Repair Project to Eucalyptus Park Improvement Project for Improvements to Existing Park Amenities Mayor McCann stated he would abstain from voting on the item due to a potential property-related conflict of interest. He left the dais during the discussion and voting on the item. Development Services Director Black gave a presentation on the item and responded to questions from the City Council. Moved by Deputy Mayor Preciado Seconded by Councilmember Cardenas To adopt Resolution No. 2023-211, the heading was read, text waived. The motion was carried by the following vote: Page 19 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 2023-12-12 City Council Regular Meeting Minutes Page 9 Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, and Deputy Mayor Preciado Abstain (1): Mayor McCann Result, Carried (4 to 0) Item 8.3 heading: RESOLUTION NO. 2023-211 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 2023-24 CAPITAL IMPROVEMENT PROGRAM BUDGET AND THE AMERICAN RESCUE PLAN ACT SPENDING PLAN TO REALLOCATE FUNDS FOR EUCALYPTUS PARK IMPROVEMENTS (4/5 VOTE REQUIRED) 9. CITY MANAGER’S REPORTS 9.1 Special Events Referral Update Communications Manager Clock gave a presentation on the item. Robert Johnson submitted written comments. 10. MAYOR’S REPORTS Mayor McCann reported on attendance at recent events and made community announcements. 10.1 Appointments to the Following Boards and Commissions: Robert Johnson submitted written comments. Board of Ethics - Leslie Hurst Moved by Mayor McCann Seconded by Deputy Mayor Preciado To ratify the appointment of Leslie Hurst to the Board of Ethics. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Veterans Advisory Commission - Anthony Stewart Moved by Mayor McCann Seconded by Deputy Mayor Preciado To ratify the appointment of Anthony Stewart to the Veterans Advisory Commission. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Page 20 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 2023-12-12 City Council Regular Meeting Minutes Page 10 Result, Carried (5 to 0) 11. COUNCILMEMBERS’ COMMENTS Councilmembers reported on attendance at recent events and made community announcements. 12. CITY ATTORNEY'S REPORTS There were none. 13. ADJOURNMENT The meeting was adjourned at 11:01 p.m. Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 21 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda v . 0 03 P a g e | 1 January 9, 2024 ITEM TITLE Public Participation: Adopt an Ordinance to Amend the Chula Vista Municipal Code to Revise and Implement Regulations for the Orderly Conduct of Public Meetings Location: No specific geographic location Department: City Attorney & City Manager Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt an ordinance amending various sections in Chula Vista Municipal Code Chapter 2.04 to revise and implement regulations on public participation in public meetings, including procedures and regulations for addressing disorderly conduct and rules and time limits for addressing the City Council. (Second Reading and Adoption) Summary This ordinance was placed on first reading on December 5 and 12, 2023. The original staff reports can be accessed at the following links: - December 5, 2023: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=36611 - December 12, 2023: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=36953 Please note, the original staff report may include information beyond the scope of the ordinance proposed for adoption with this action. For questions, please contact the staff indicated in the original staff report or cityclerk@chulavistaca.gov. Page 22 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda SECOND READING AND ADOPTION C:\Program Files\eSCRIBE\TEMP\12491865041\12491865041,,,Ordinance 2nd Reading.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS OF CHAPTER 2.04 (CITY COUNCIL MEETINGS) OF THE CHULA VISTA MUNICIPAL CODE REGARDING COMMUNICATION WITH COUNCIL AND DISRUPTIVE CONDUCT DURING COUNCIL MEETINGS WHEREAS, pursuant to Cal. Const. art. XI, § 7, the City of Chula Vista has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City; and WHEREAS, the City Council of the City of Chula Vista finds that the City Council has a legitimate need to conduct City business in an efficient, orderly manner and provide a forum for all persons to petition the government for redress of grievances; and WHEREAS, the City Council of the City of Chula Vista finds that conduct by persons addressing the City Council during City Council meetings which interferes with, disrupts, disturbs, or otherwise impedes the orderly conduct of City Council meetings, prevents the City Council from conducting its business, and inhibits the ability of citizens to petition their government for the redress of grievances; and WHEREAS, City Council meetings are limited public fora (White v. Norwalk, 900 F.2d 1421 (9th Cir. 1990), and the City Council may adopt regulations related to conduct at meetings that are reasonable to the purpose of the forum and viewpoint neutral (Norse v. City of Santa Cruz, 629 F.3d 966 (9th Cir. 2010); and WHEREAS, applicable law, including Government Code section 54954.3, provides that the legislative body of a local agency may adopt regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker; and WHEREAS, applicable law, including Government Code section 54957.95, authorizes an individual who engages in disruptive behavior at a meeting to be removed from such meeting; and WHEREAS, prohibited conduct at City Council meetings must be limited to conduct that actually disrupts the orderly operation of such meetings (Acosta v. City of Costa Mesa, 718 F.3d 800 (9th Cir. 2013). NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 2.04 of the Chula Vista Municipal Code is amended as follows: [sections 2.04.010 through 2.04.110 remain unchanged] Page 23 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Ordinance Page 2 2.04.120 Written comments. A. Regular Meetings. Written comments received by or submitted electronically to the City prior to 12:00 noon on the day of each regular Council meeting shall be provided to the Council and incorporated into the record for the meeting. B. Special Meetings. Written comments received by or submitted electronically to the City three hours prior to each special Council meeting shall be provided to the Council and incorporated into the record for the meeting. C. Comments delivered to City Council Meetings. Notwithstanding the foregoing, written comments personally delivered to the City Clerk at the City Council meeting will be distributed to the City Council and incorporated into the record for the meeting until the close of public comment period on the item or under the general Public Comment period for non-agenda items. [section 2.04.130 is repealed] [section 2.04.140 remains unchanged] 2.04.150 Consent calendar. The consent calendar shall consist of the approval of minutes of previous meetings and those other items such as contracts and routine resolutions that do not necessitate a separate public hearing and that are determined in the agenda preparation process to be relatively non-controversial. The consent calendar shall be considered as one item regardless of the number of matters appearing on it and may be approved by a single vote. The Mayor or any Councilmember may remove an item from the consent calendar; such item will then be heard as an action item. [sections 2.04.160 through 2.04.200 remain unchanged] 2.04.210 Right to address the Council. Section 309 of the Charter guarantees the right of citizens to present grievances at any regular meeting of the City Council; therefore, members of the public in attendance shall have the absolute right to address the Council as a whole during consideration of items, upon obtaining recognition by the presiding officer. A. Consent Calendar. Members of the public shall be heard prior to Council consideration of the consent calendar. Each speaker shall be allowed up to three minutes to address the Council concerning any and all items on the consent calendar. The Mayor or any Councilmember may then briefly respond to the speaker, or request a response from a staff member, or request discussion of an item or items on the consent calendar. Such actions shall not operate to remove an item from the consent calendar. B. Agenda Items. Members of the public wishing to speak on an agenda item not on the Consent Calendar shall be given the opportunity to speak for up to three minutes to address the Council Page 24 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Ordinance Page 3 concerning the agenda item. Members of the public do not have the right to comment outside the scope of or unrelated to the agenda item under consideration. C. Non-Agenda Items/General Public Comments. There will be a total of 21 minutes scheduled and titled “Public Comments” on the agenda near the beginning of the Council Meeting for members of the public to address the Council. Each speaker shall be allowed up to t hree minutes to address the Council on items of interest to the public that are not on the agenda but are within the jurisdiction of the Council. In the event that more than ten individuals request to address the City Council on non-agenda items, the first ten will be heard near the beginning of the meeting. The remaining speakers will be heard near the conclusion of the meeting and granted up to three minutes each. In the event that all interested individuals present at the time address the City Council during the first Public Comment session, there will be no additional Public Comment session near the conclusion of the meeting. The presiding officer shall have the discretion to allow more than ten individuals to speak at the beginning of the session. An issue raised by a speaker may be referred to the City Manager. No other action may be taken by the Council at this time. D. Time Limits for Speakers Who Utilize an Interpreter. A member of the public who utilizes an interpreter to provide consecutive English language translation shall receive twice the time otherwise allotted to speak. E. Request to Speak. Any person wishing to speak to the Council must submit to the City Clerk a request to speak prior to the close of public comment period on the item or under the general Public Comment period for non-agenda items. Requests to speak received after the close of public comment on the item will not be accepted. No person may yield speaking time to another person. Any person who does not wish to speak to the Council but wishes to have the record reflect a position in favor of or in opposition to an agenda item may do so by indicating the same on the public comment form. F. Group Presentations. Group presentations are not permitted on non-land use or non- adjudicatory matters. G. Visual Presentations. The use of City equipment for visual presentations is not permitted on non-land use or non-adjudicatory matters. Documents may be submitted to the City Clerk to be provided to the Council and incorporated into the record for the meeting. H. Land Use or Adjudicatory Matters. On land use or adjudicatory matters, project applicants or appellants, separate from public comments on the item, shall be allowed up to 15 minutes to address the Council on the matter. Project applicants or appellants that wish to show a presentation or video must make arrangements to submit the presentation to the City Clerk no later than 24 hours prior to the meeting. Project applicants or appellants are encouraged to be prepared with alternatives in the event that technical issues prevent visual presentations from being displayed on City equipment. I. Signs. Signs and visuals may be held by members of the public, as long as they don’t block the view of other meeting attendees or otherwise interrupt or disrupt the orderly conduct of the City Council meeting. Page 25 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Ordinance Page 4 J. Presiding Officer Authority. The presiding officer shall have the discretion to adjust provisions contained in this section, including speaker time limits, the number of speakers, and group presentation matters, subject to the right of any Councilmember to appeal to the Council. [sections 2.04.220 through 2.04.250 are repealed] [sections 2.04.260 through 2.04.320 remain unchanged] 2.04.330 Conduct during the Council Meeting. A. Prohibition on Disorderly Behavior. Any person who engages in disorderly behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting shall, upon an order by the presiding officer or a majority of the Council, be barred from further audience before the City Council during that meeting, pursuant to the provisions of section (C), below. B. Disorderly Behavior Defined. Disorderly behavior under subdivision (A) may include, but is not limited to, the following: 1. Speaking without being recognized by the presiding officer. 2. Continuing to speak after the allotted time has expired or has been paused. 3. Speaking on an item at a time not designated for discussion by the public of that item. 4. Throwing objects. 5. Speaking on an issue that is not within the jurisdiction of the Council. 6. Attempting to engage the audience rather than the Council. 7. Addressing staff members or individual Councilmembers directly rather than the Council as a whole during the public comment period. 8. Refusing to modify conduct after being advised by the presiding officer that the conduct is disrupting the meeting or disobeying any other lawful order of the presiding officer or a majority of the Council. 9. Engaging in behavior that constitutes a use of force or a true threat of force. C. Enforcement. The rules of conduct while addressing the Council set forth above shall be enforced in the following manner: 1. Call to order and warning to desist. Whenever practicable, the presiding officer or a majority of the Council shall give a warning to the person who is breaching the rules of conduct to be orderly and to comply with the rules of conduct hereunder. Such a warning shall articulate the rule of conduct being violated and the manner in which the person must comply. A warning shall not be necessary when it would not be effective under the circumstances, including when, but not limited to, the disturbance is such that the warning cannot be heard Page 26 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Ordinance Page 5 above the noise, or the conduct of the person or persons constitutes an immediate threat to public safety, such as the throwing of objects or specific threats of harm and the apparent, present ability to carry out such threats. A warning shall also not be necessary when an individual violates the rules of conduct more than once during a Council meeting. 2. Order barring person from meeting. A person who engages in disorderly behavior shall be barred from the remainder of that City Council meeting by the presiding officer or a majority of the Council when that person: (i) continues the disorderly behavior after receiving a warning pursuant to subdivision (C)(1); (ii) ceases the disorderly behavior upon receiving a warning pursuant to subdivision (C)(1), but later in the same Council meeting resumes such disorderly behavior; or (iii) engages in disorderly behavior and no warning is practicable under the circumstances, pursuant to subdivision (C)(1). The continuation of disorderly behavior after receiving a warning, repeated disorderly behavior during a City Council meeting, or disorderly behavior that is so significant that a warning cannot be given, constitutes the type of behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of a City Council meeting. 3. Removal. If the person barred from the meeting does not voluntarily remove him/herself upon being instructed to do so by the presiding officer or a majority of the Council, the presiding officer or the majority of the Council may direct the Chief of Police or person designated by Chief of Police to remove that person from the Council chambers. (D) The following conduct is unlawful and shall be punishable as a misdemeanor: 1. Continuing to engage in disorderly conduct, which disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting, after receiving a warning pursuant to subdivision (C)(1) of this section. 2. Refusing to leave a City Council meeting after being directed to do so pursuant to subdivision (C)(2) of this section. 3. Returning to a City Council meeting after being barred, removed or directed to leave such meeting pursuant to subdivisions (C)(2) and (C)(3) of this section. [sections 2.04.350 to 2.04.590 remain unchanged] 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 Page 27 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Ordinance Page 6 The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Tiffany Allen Jill D.S. Maland Assistant City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 28 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda [sections 2.04.010 through 2.04.110 remain unchanged] 2.04.120 Written communications.comments submitted electronically. A.Regular Meetings. Written comments submitted electronically to tThe City Clerk is authorized to place any communication requiring Council action received at the clerk’s office prior to 124:00 noonp.m. on Monday, eight days precedingthe day of each regular Council meeting, and shall be listed on the agenda as provided for under the order of business established in this chapter. Any such communication received thereafter shall be listed on the agenda for the next regular Council meeting held thereafter. All communications shall be submitted provided to the Council with a report and recommendation by the City staffand incorporated into the record for the meeting. All correspondence shall be answered or acknowledged as soon as practicable. B.Special Meetings. Written comments submitted electronically to the City three hours prior to each special Council meeting shall be provided to the Council and incorporated into the record for the meeting. 2.04.130 Oral communications. All citizens requesting permission to address the City Council on any matter not contained in the agenda of a regular meeting may submit such request to the City Clerk prior to the time during the meeting at which “general public comment” is invited. The nature of the general public comment and the name of the person or persons desiring to be heard shall be clearly stated in such requests. Such oral communications shall not be subject to debate or participation by other members of the public present at the Council meeting. [section 2.04.130 is repealed] [section 2.04.140 remains unchanged] Page 29 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 2.04.150 Consent calendar. A.The consent calendar shall consist of the approval of minutes of previous meetings and those other items such as contracts and routine resolutions that do not necessitate a separate public hearing and that are determined in the agenda preparation process to be relatively non-controversial. The consent calendar shall be considered as one item regardless of the number of matters appearing on it and may be approved by a single vote. The Mayor or any Councilmember may remove an item from the consent calendar; such item will then be heard as an action item. B. Councilmembers may request to have individual matters removed from the consent calendar so that they may be heard on those matters. All matters remaining on the consent calendar may be approved by a single vote. Any items removed from the consent calendar shall be considered separately in the order of their appearance on the agenda. Removed items may be heard immediately following the consent calendar or may be heard after the City Council concludes Closed Session. [sections 2.04.160 through 2.04.200 remain unchanged] 2.04.210 Right to address the Council – Limitations. Section 309310 of the Charter guarantees the right of citizens to present grievances at any regular meeting of the City Council; therefore, members of the publicevery person in attendance shall have the absolute right to address the Council as a whole during consideration of items under the following headings of business, upon obtaining recognition by the presiding officer. : A.Public Hearings.Consent Calendar. Members of the public shall be heard prior to Council consideration of the consent calendar. Each speaker shall be allowed up to three minutes to address the Council concerning any and all items on the consent calendar. The Mayor or any Councilmember may then briefly respond to the speaker, or request a response from a staff member, or request discussion of an item or items on the consent calendar. Such actions shall not operate to remove an item from the consent calendar. Page 30 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda B.Agenda Items. Members of the public wishing to speak on an agenda item not on the Consent Calendar shall be given the opportunity to speak for up to three minutes to address the Council concerning the agenda item. Members of the public do not have the right to comment outside the scope of or unrelated to the agenda item under consideration. C. Non-Agenda Items/General Public Comments. There will be a total of 21 minutes scheduled and titled “Public Comments” on the agenda near the beginning of the Council Meeting for members of the public to address the Council. Each speaker shall be allowed up to three minutes to address the Council on items of interest to the public that are not on the agenda but are within the jurisdiction of the Council. In the event that more than seven individuals request to address the City Council on non-agenda items, the first seven will be heard near the beginning of the meeting. The remaining speakers will be heard near the conclusion of the meeting and granted up to three minutes each. In the event that all interested individuals present at the time address the City Council during the first Public Comments session, there will be no additional Public Comment session near the conclusion of the meeting. The presiding officer shall have the discretion to allow more than seven individuals to speak at the beginning of the session. An issue raised by a speaker may be referred to the City Manager. No other action may be taken by the Council at this time. Interested persons or their authorized representatives may address the Council while a matter is open to public hearing in regard to remarks or questions relevant to the matter under consideration. D. Time Limits for Speakers Who Utilize an Interpreter. A member of the public who utilizes an interpreter to provide consecutive English language translation shall receive twice the time otherwise allotted to speak. E. Request to Speak. Any person wishing to speak to the Council must submit to the City Clerk a request to speak prior to the close of public comment period on the item or under the general Public Comment period for non-agenda items. Requests to speak received after the close of public comment on the item will not be accepted. No person may yield speaking time to another person. Any person who does not wish to speak to the Council but wishes to have the record reflect a position in favor of or in opposition to an agenda item may do so by indicating the same on the public comment form. F. Group Presentations. Group presentations are not permitted on non-land use or non-adjudicatory matters. Page 31 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda G.Visual Presentations. The use of City equipment for visual presentations is not permitted on non-land use or non-adjudicatory matters. Documents may be submitted to the City Clerk to be provided to the Council and incorporated into the record for the meeting. H.Land Use or Adjudicatory Matters. On land use or adjudicatory matters, project applicants or appellants, separate from public comments on the item, shall be allowed up to 15 minutes to address the Council on the matter. Project applicants or appellants that wish to show a presentation or video must make arrangements to submit the presentation to the City Clerk no later than 24 hours prior to the meeting. Project applicants or appellants are encouraged to be prepared with alternatives in the event that technical issues prevent visual presentations from being displayed on City equipment. I.Signs. Signs and visuals may be held by members of the public, as long as they don’t block the view of other meeting attendees or otherwise interrupt or disrupt the orderly conduct of the City Council meeting. J.Presiding Officer Authority. The presiding officer shall have the discretion to adjust provisions contained in this section, including speaker time limits, the number of speakers, and group presentation matters, subject to the right of any Councilmember to appeal to the Council. Page 32 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda B.Communications. Any person in attendance may address the Council by oral communications on any matter concerning municipal business over which the Council has influence or control. C.Limited Right to Address the Council. In order to facilitate the conduct of the business of the City and to insure that comments of citizens are received by the Council at the appropriate time when matters are under consideration by the Council, rather than having such items being raised outside of the context and timing of such consideration, in addition to the absolute right to address the Council during consideration of the above item hearing of business, any interested person may request permission from the presiding officer to address the Council relevant to the subject matter under consideration. Such request should, whenever practicable, be made prior to a motion being made on the subject. The granting or denial of such a request by the presiding officer may be appealed to the City Council by a member of the Council. The presiding officer shall not permit any communication, written or oral, to be made or read where it does not bear directly on an agenda item then under discussion. 2.04.220 Addressing the Council – Consent required – Rules and time limits. No person shall address or question a Councilmember, the City Attorney, the City Manager, the Director of Public Works, the Director of Planning, or other officials at the Council table without the prior consent of the presiding officer. Anonymous communications shall not be considered nor placed on the agenda. The presiding officer shall not permit any communication, written or oral, to be made or read where it does not bear directly on an agenda item then under discussion. The rules and time limits set forth in CVMC 2.04.230 and 2.04.240 shall apply to persons addressing the City Council. 2.04.230 Addressing the Council – Individuals. Page 33 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Each person addressing the Council on oral communications shall step up to the microphone, give his or her name and address in an audible tone of voice for the record, and shall limit his or her address to three minutes. Persons addressing the Council on items listed on the agenda shall limit their communication to five minutes, unless further time is granted by the presiding officer. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than a Councilmember and the person having the floor, shall be permitted to enter into any discussion without the permission of the presiding officer. 2.04.240 Addressing the Council – Spokesman for a group of persons. When any group of persons wishes to address the Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesman be chosen by the group to address the Council, and in case additional matters are to be presented at the time by any other member of such group, to limit the number of persons so addressing the Council so as to avoid unnecessary repetition before the Council. Further, groups of persons shall be limited to a total presentation period of 30 minutes. The presiding officer shall first call for representatives of groups in favor of the matter under consideration and then for those persons in opposition to the matter under consideration, and thereafter shall allow a rebuttal time limited to five minutes to the proponents, who shall confine rebuttal remarks to answering comments made in opposition and not the introduction of new testimony. Further time may be granted at the discretion of the presiding officer, and in the case of public hearings, the presiding officer may, dependent upon the necessity for insuring adequate presentation of testimony and evidence to provide a fair hearing and due process, set longer time limitations. The decision of the presiding officer in regard to the setting of time limitations may be appealed to the Council. 2.04.250 Addressing the Council – After certain procedures – Permission required. Page 34 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda After a public hearing has been closed and after a motion is made by the Council, no person shall address the Council without first obtaining the permission of the Council to do so. (Ord. 1486 § 2, 1973; prior code § 1.215). [sections 2.04.220 through 2.04.250 are repealed] [sections 2.04.260 through 2.04.320 remain unchanged] 2.04.330 Audience – Conduct during the Council MeetingDecorum and order. Public members attending Council meetings shall observe the same rules of order and decorum applicable to the Council and staff. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending the Council meeting shall be removed from the room if the sergeant-at-arms is so directed by the presiding officer, and such person may be barred from further audience before the Council. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the presiding officer, who shall direct the sergeant-at-arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the presiding officer or a Councilmember. (Ord. 1486 § 2, 1973; prior code § 1.223). 2.04.340 Decorum and order – Enforcement – Violation deemed misdemeanor. A. The Chief of Police, or such member of the Police Department as he may designate, shall be sergeant-at-arms of the City Council, and he shall attend meetings at the request of the presiding officer, City Manager, or City Council. He shall be available to respond to all meetings immediately upon call. He shall carry out all orders given by the presiding officer or Council for the purpose of maintaining order and decorum at the Council meetings. Any Councilmember may move to require the presiding officer to enforce the rules, and the affirmative vote of a majority of the Councilmembers present shall require him to do so.A. Prohibition on Disorderly Behavior. Any person who engages in disorderly behavior that actually disrupts, disturbs or otherwise impedes the orderly Page 35 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda conduct of any City Council meeting shall, upon an order by the presiding officer or a majority of the Council, be barred from further audience before the City Council during that meeting, pursuant to the provisions of section (C), below. B.Disorderly Behavior Defined. Disorderly behavior under subdivision (A) may include, but is not limited to, the following: 1. Speaking without being recognized by the presiding officer. 2. Continuing to speak after the allotted time has expired or has been paused. 3. Speaking on an item at a time not designated for discussion by the public of that item. 4. Throwing objects. 5. Speaking on an issue that is not within the jurisdiction of the Council. 6. Attempting to engage the audience rather than the Council. 7. Addressing staff members or individual Councilmembers directly rather than the Council as a whole during the public comment period. 8. Refusing to modify conduct after being advised by the presiding officer that the conduct is disrupting the meeting, or disobeying any other lawful order of the presiding officer or a majority of the Council. 9. Engaging in behavior that constitutes a use of force or a true threat of force. CB. Enforcement. The rules of conduct while addressing the Council set forth above shall be enforced in the following manner: 1.Call to order and warning to desist. Whenever practicable, the presiding officer or a majority of the Council shall give a warning to the person who is breaching the rules of conduct to be orderly and to comply with the rules of conduct hereunder. Such a warning shall articulate the rule of conduct being violated and the manner in which the person must comply. A warning shall not be necessary when it would not be effective under the circumstances, including when, but not limited to, the disturbance is such that the warning cannot be heard above the noise, or the conduct of the person or persons constitutes an immediate threat to public safety, such as the throwing of objects or specific threats of harm and the apparent, Page 36 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda present ability to carry out such threats. A warning shall also not be necessary when an individual violates the rules of conduct more than once during a Council meeting. 2.Order barring person from meeting. A person who engages in disorderly behavior shall be barred from the remainder of that City Council meeting by the presiding officer or a majority of the Council when that person: (i) continues the disorderly behavior after receiving a warning pursuant to subdivision (C)(1); (ii) ceases the disorderly behavior upon receiving a warning pursuant to subdivision (C)(1), but later in the same Council meeting resumes such disorderly behavior; or (iii) engages in disorderly behavior and no warning is practicable under the circumstances, pursuant to subdivision (C)(1). The continuation of disorderly behavior after receiving a warning, repeated disorderly behavior during a City Council meeting, or disorderly behavior that is so significant that a warning cannot be given, constitutes the type of behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of a City Council meeting. 1.Removal. If the person barred from the meeting does not voluntarily remove him/herself upon being instructed to do so by the presiding officer or a majority of the Council, the presiding officer or the majority of the Council may direct the Chief of Police or person designated by Chief of Police to remove that person from the Council chambers.Rules adopted to expedite the transaction of the business of the Council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformity with law. 3. (D) The following conduct is unlawful and shall be punishable as a misdemeanor: 1. Continuing to engage in disorderly conduct, which disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting, after receiving a warning pursuant to subdivision (C)(1) of this section. 2. Refusing to leave a City Council meeting after being directed to do so pursuant to subdivision (C)(2) of this section. 3. Returning to a City Council meeting after being barred, removed or directed to leave such meeting pursuant to subdivisions (C)(2) and (C)(3) of this section. Page 37 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda C. Any member of the Council or other person using vulgar, profane, loud or boisterous language at any meeting or otherwise interrupting the proceedings of the Council, or who refuses to carry out orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting, or who interrupts proceedings, shall upon conviction be deemed guilty of a misdemeanor. D. Upon instructions of the presiding officer, it shall be the duty of the sergeant-at-arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest. E. For the purpose of this chapter, a criminal complaint shall be signed by the presiding officer. (Ord. 1486 § 2, 1973; prior code § 1.224). [sections 2.04.350 to 2.04.590 remain unchanged] Page 38 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda From: alan mil Sent: Friday, December 1, 2023 8:03 AM Subject: CITY MEETING STOP WATER RATE INCREASE / UNSHELTERED WORKSHOP WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov @CITY CLERK - Please enter entire email (except email addresses) into public record under AGENDA 6. Please verify both PowerPoint attachments received for display during my public speaking in both Agenda 6 and Agenda 8.3 Please enter into public record in Agenda 8.3 PowerPoint "Alan C Agenda 6 Public Comment Dec 5 2023" attachment. COPY TO NEWS MAYORS SANDAG CA STATE REPS NATIONAL CITY COUNCIL CHULA VISTA CITY COUNCIL SD COUNTY SUPERVISORS BCC TO VOTERS PAYING TOO MUCH 5PM TUESDAY DECEMBER 5 CHULA VISTA CITY COUNCIL MEETING Council Chambers - 276 Fourth Avenue PLEASE ATTEND AND SPEAK https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=7aa0b259-c18a-4691-9575- 74bdc72cffaf&Agenda=Agenda&lang=English -------------------------------------- AGENDA 6 PUBLIC COMMENT - STOP WATER RATE INCREASE To Mayor and entire city council, please attend the Water Authority hearing scheduled the day after city hall meeting. TO COUNCIL JOSE PRECIADO: As former water board you have knowledge and influence to protect rate payers; INFLATION HAS BEEN DIFFICULT WILL ALL OUR REPRESENTATIVES EVERY CITY STOP RATE INCREASE? WATER RATE INCREASE HEARING ATTEND IN PERSON OR ZOOM DEC 6 5PM Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 39 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 505 GARRETT AVE CHULA VISTA CA 91910 Proposed rate adjustments: The Governing Water Authority Board is scheduled to vote on proposed rate adjustments at a public hearing on Wednesday, December 6, at 5:00 p.m. https://www.sweetwater.org/455/Agendas-Minutes YOUR CITY NEXT IF YOU DO NOT SPEAK San Diego raised their water rates last month Chula Vista National City bill notice sent out months ago Some will claim that this due to Fallbrook and Rainbow districts voting to leave San Diego Water Authority. This is NOT TRUE, the vote occurred on Nov 7th and has not yet taken affect; San Diego and Chula Vista already planned to raise water rates before the Nov 7 election!. AS IN ANY UTILITY SUCH AS SDGE PROPOSAL RATE INCREASE BASED ON INCOME; THE WATER RATE INCREASE AFFECTS EVERYONE. BUSINESSES HIT WITH UTILITY RATE INCREASE WILL BE FORCED TO INCREASE PRICES ALL PRODUCT. HIGHER PRICES RESULT MORE SALES TAX, EVEN MORE COST TO CONSUMER. EVERY CITY UTILITY WHO NEXT INCREASED RATES? SWEETWATER AUTHORITY WATER RATE HEARING DEC 6 2023 AFFECTING NATIONAL CITY AND CHULA VISTA PRESS RELEASE https://www.waternewsnetwork.com/wp-content/uploads/2023/10/Sweetwater-Authority- Governing-Board-approved-the-2023-Cost-of-Service-Study-rate-adjustments-proposed-to- maintain-water-service-operations.pdf NOV 7 2023 ELECTION RESULT SHOWING FALLBROOK RAINBOW VOTE: https://www.livevoterturnout.com/ENR/sandiegocaenr/16/en/Index_16.html Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 40 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda -------------------------------- AGENDA 8.3 UNSHELTERED WORKSHOP The city keeps building Government Housing that people living in tents with drug abuse can never afford to move in. INSTEAD TAX WASTE "AFFORDABLE HOUSING" THAT NEGLECTS PEOPLE LIVING IN TENTS CANNOT AFFORD, MAXIMIZE HELPING MORE PEOPLE BY PROVIDING SHELTER BEDS, TREATMENT AND A JOB TO STOP HOMELESS CYCLE. https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=7aa0b259-c18a-4691-9575- 74bdc72cffaf&Agenda=Agenda&lang=English&Item=60&Tab=attachments Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 41 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda ------------------------------------------ BROWN ACT INFRINGEMENT UNREASONABLE TIME Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 42 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda SD COUNTY SUPERVISOR - SANDAG - CHULA VISTA AGENDA 8.2 LIMIT PUBLIC SPEAKER TIME PROPOSAL THREE MINUTES 12 CONSENT ITEMS = 15 SECONDS PER ITEM! https://oag.ca.gov/system/files/media/the-brown-act.pdf The Act specifically authorizes the legislative body to adopt regulations to assist in processing comments from the public. Th e body may establish procedures for public comment as well as specifying reasonable time limitations on particular topics or individual speakers. So long as the body acts fairly with respect to the interest of the public and competing factions, it has great discretion in regulating the time and manner, as distinguished from the content, of testimony by interested members of the public. (§ 54954.3(b).) 1. CONSENT CALENDAR WAS 5 MINUTES PER ITEM REDUCE TO THREE MINUTES FOR ALL CONSENT ITEMS 2. AGENDA ITEMS WAS FIVE MINUTE REDUCE TO ONLY TWO MINUTES 3. NON AGENDA WAS THREE MINUTE REDUCE TO TWO MINUTES Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 43 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Speaker Time Limits Applicable law, including the Ralph M. Brown Act, allows public entities to place reasonable time, place, and manner restrictions on public comment at their meetings. The proposed changes to speaker time limits aim to strike a balance between the public’s right and need to address their elected officials, while also allowing the City to manage public meetings, complete them reasonably efficiently, and promote an environment that allows all members of the public to engage and be able to offer comments. Proposed changes to speaker time limits include: https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=7aa0b259-c18a-4691-9575- 74bdc72cffaf&Agenda=Agenda&lang=English&Item=64&Tab=attachments Consent Calendar. Each speaker will be allowed up to three minutes to speak to any or ALL ITEMS ON THE CONSENT CALENDAR. Discussion of an item, information from staff, or a separate vote on any item by the City Council on the consent calendar do not remove an item from the consent calendar. Agenda Items (Not on the Consent Calendar). Each speaker will be allowed up to two minutes to address the Council concerning the agenda item. Members of the public do not have the right to comment outside the scope of or unrelated to the agenda item under consideration. Non-Agenda Items/General Public Comments. Twenty minutes will be scheduled near the beginning of the meeting under Public Comments for members of the public to address the City Council on items of interest to the public that are not on the agenda but are within the jurisdiction of the City Council. Each speaker will be allowed up to two minutes. If there are more than 10 speakers, the first 10 will be heard near the beginning of the meeting and the remaining speakers will be heard n ear the conclusion of the meeting. Time Limits for Speakers Who Utilize an Interpreter. To comply with State law and City practice, staff recommends the rules be updated to specify that a member who utilizes an interpreter to provide non-simultaneous English language translation shall receive twice the time otherwise allotted to speak. ------------------------- THE SILENT NEVER GET HEARD Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 44 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda ---------- Forwarded message --------- From: City Clerk, City of Chula Vista <cityclerk@chulavistaca.gov> Date: Thu, Nov 30, 2023 at 7:26 PM Subject: City of Chula Vista: Notice of Agenda City Council Meeting Agenda -- December 5, 2023 Dear Subscriber, Meeting Agenda: A City Council agenda has been posted to: www.chulavistaca.gov/councilmeetings HOW TO WATCH: You are invited to participate in this meeting in person, in Council Chambers. In addition, live streaming video is available at www.chulavistaca.gov/councilmeetings. To watch the meeting remotely via live stream, please click the “View Live Stream” link at www.chulavistaca.gov/councilmeetings under Upcoming Meetings. Meetings are also aired on Cox Cable channel 24 (only in Chula Vista). Meetings are available live in English and Spanish. Please watch the video at www.chulavistaca.gov/councilmeetings to learn how to switch languages. Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 45 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda HOW TO SUBMIT ELECTRONIC COMMENTS: Visit ,www.chulavistaca.gov/councilmeetings locate this meeting and click on the comment bubble icon. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. eComments can be viewed by the City Council and members of the public as they are submitted. 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. Sincerely, Office of the City Clerk 276 Fourth Avenue, Chula Vista CityClerk@chulavistaca.gov | (619) 691-5041 www.chulavistaca.gov/cityclerk Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 46 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Subject: Public Participation - Speaking time Limits, Rude Behavior( WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Hi All, There seems to be several legislative bodies which are proposing to restrict speaking time, and discipline people apparently fairly arbitrarily for rude conduct. We should encourage free speech and the flow of ideas. Frankly, most of these can already discipline rude people and limit speaking time, so I also regard this as intimidation and bullying. Forinstance, limits on addressing an individual Councilmember are ridiculous - that's what they get paid for, and if the make an error, such as being off topic or break the law (it happens,) that should be discussed. I am concerned that if the people are prevented from fairly presenting their ideas, they will take it to the streets. I sent this to one such legislative body, but I think that it is a good experiment in free speech, so am sending this to you. Please do not arbitrarily limit our free speech at meetings. I than extremely grateful to the Board for removing their proposal to restrict free expression from the Dec. 5 agenda. Written Communications - Henkin Item 8.2 - Received 12/4/23 Page 47 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda "I am proposing the following amendment to the San Diego County Board of Supervisors Rules of Procedure. Please let me know whether I need to make a presentation in-person, virtually, or at all. "On October 10, 2023 (00:40:30) a speaker on non-agenda, whose grandbaby was apparently mistreated during a custody fight, was cut off and his daughter was reduced to tears. Also on October 10, 2023 (00:56:01,) a speaker on non-agenda was called 'out of order' which is ridiculous for non-agenda. This sort of thing is happening too often. Speakers seem to be intimidated and the Board's reputation for fairness diminished thereby. "This proposed amendment is an experiment to allow the speakers on non- agenda matters reasonable time to make their speeches, to trust that they will respect the time of others, and to add a tone of civility to this section of the proceedings. "I admire the politeness shown by the Clerk of the Board at the San Diego City Council, whose actions should be your model. "I propose that the Board of Supervisors add to rule 4a(7) (non-agenda): "Non-Agenda Public Communication: Notwithstanding other time limits imposed by the Chairperson or Board, There will be a total of thirty (30) minutes scheduled at the beginning of the Tuesday and Land Use sessions for members of the public to address the Board on any subject matter within the jurisdiction of the Board and which is not an item on the agenda for that session. Each speaker must file with the Clerk a written in-person or online Non-Agenda Public Communication Request to Speak form prior to the scheduled opening time of the session. Written Communications - Henkin Item 8.2 - Received 12/4/23 Page 48 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda "During this time, there shall be 5 in-person and 5 online speakers (or more if time allows) on non-agenda items. "Each speaker shall be allowed to speak for 3 minutes, or longer with the permission of the Chairperson. "Each speaker shall begin his or her remarks by saying briefly how the Supervisors can help them or how this is within the Board's jurisdiction. "After two and one-half (2-1/2) minutes, not interrupting whole sentences if possible, the Clerk shall say 'Excuse me. There are other people waiting to speak. Please respect their time and conclude your remarks. At that time, the speaker may make a request for more time to the Chairperson. The chairperson shall allow or not with a brief reason. "After three (3) minutes, not interrupting whole sentences if possible, the Clerk shall say 'please conclude your remarks. Thank you for your ideas.' "The same procedures shall apply to speakers on non-agenda items at the end of the meeting, except that there shall be no 30 minute limit on how long all the speakers can speak. "Any person filing a Public Communication Request to Speak form after the time deadline established by this subsection shall not be allowed to make a presentation to the Board. All issues raised by a speaker will be automatically referred to the Chief Administrative Officer. No other action may be taken by the Board at this time. Written Communications - Henkin Item 8.2 - Received 12/4/23 Page 49 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda "This version of sub-section a(7) shall become inoperative in three months (90 days) from the implementation of this amendment, unless made permanent, and the previous version of subsection a(7) shall be restored." I believe that this, instead of further restrictions on public speaking, is more likely to produce good results. Thank you. Respectfully, Paul Henkin Written Communications - Henkin Item 8.2 - Received 12/4/23 Page 50 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda From: Ann Viera < Sent: Tuesday, December 5, 2023 8:00 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Re: December 5 2023 city council meeting WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov I support the proposed changes on the agenda tonight 8.2 to amend the MC regarding conduct of public meetings. Public Participation: Amend the Chula Vista Municipal Code to Revise and Implement Regulations for the Orderly Conduct of Public Meetings You don't often get email from Learn why this is important Written Communications - Viera Item 8.2 - Received 12/5/23 Page 51 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 1 Tyshar Turner Subject:FW: City Council Meeting AGAINST BROWN ACT / Harborside Park Closure Caused By County Health Services Attracting Homeless From: alan mil Sent: Friday, January 5, 2024 8:23 AM Subject: City Council Meeting AGAINST BROWN ACT / Harborside Park Closure Caused By County Health Services Attracting Homeless WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov COPY TO NEWS MAYORS SANDAG SUPERVISORS CHULA VISTA CITY COUNCIL COUNTY DISTRICT ATTORNEY CA POLICY CENTER LAWYERS BCC TO CONSTITUENTS THAT VOTE @CITY CLERK - PLEASE ENTER THIS ENTIRE EMAIL (WITHOUT EMAIL ADDRESSES) INTO PUBLIC COMMENT UNDER AGENDA 6 DUE TO MULTIPLE TOPICS IN THIS EMAIL. THE JPGS ARE ONLY FOR PUBLIC RECORD AND DO NOT NEED TO BE DISPLAYED DURING MY PUBLIC SPEAKING. Good Morning, Please Attend CITY MEETING 5PM TUESDAY JAN 9 276 FOURTH AVE CHULA VISTA https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=40eea44f-a934-47b6-9b39- 718c5eea42c8&Agenda=Agenda&lang=English PLEASE SPEAK AGENDA 5.3 PROTECT 1ST AMENDMENT NO TO SHORTENING SPEAKER TIME IF AGENDA PASSES, THE PUBLIC WILL BE LIMITED SPEAKER TIME. FOR EXAMPLE TODAY'S CONSENT CALENDAR OF 12 ITEMS WOULD ONLY ALLOW PUBLIC SPEAKING AT 15 SECONDS PER ITEM Items 5.3 & 7.1 - Written Communications - Alan C. - Rcvd 1.5.2024 Page 52 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 2 AGAINST BROWN ACT STATE LAW OF REASONABLE SPEAKER TIME AGENDA 5.3 LIMIT PUBLIC SPEAKER TIME PROPOSAL THREE MINUTES 12 CONSENT ITEMS = 15 SECONDS PER ITEM! https://oag.ca.gov/system/files/media/the-brown-act.pdf The Act specifically authorizes the legislative body to adopt regulations to assist in processing comments from the public. The body may establish procedures for public comment as well as specifying reasonable time limitations on particular topics or individual speakers. So long as the body acts fairly with respect to the interest of the public and competing factions, it has great discretion in regulating the time and manner, as distinguished from the content, of testimony by interested members of the public. (§ 54954.3(b).) ---------------------- AGENDA 7.1 OPEN HARBORSIDE PARK PUT BACK THE PLAYGROUND WHEN WILL THE CITY COORDINATE MEETING AT THE COUNTY HEALTH HUMAN SERVICES THE CAUSE OF HOMELESS TENTS CONGREGATING AND INVITE BUSINESS OWNERS, HARBORSIDE SCHOOL AND RESIDENTS TO ATTEND HSSA MEETING? WHEN WILL CITY ENFORCE LAW YOU CANNOT LIVE ON ANY PROPERTY? WHEN WILL CITY ENFORCE LAW YOU CANNOT DO DRUGS IN TENTS ON ANY PROPERTY PRIVATE AND PUBLIC? OXFORD STREET LAWS BROKEN HISTORY HOMELESS TENTS REMOVED FROM PARK TODAY THE DRUG TENTS ARE NOW ACROSS THE STREET Page 53 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 3 THE COUNTY HEALTH HUMAN SERVICES THE MAGNET FOR HOMELESS https://www.youtube.com/watch?v=FwZu8ogEL0c&t=0s COUNTY HHSA REASON WHY HOMELESS TENTS CAMP ACROSS STREET People in Chula Vista gathered to discuss solutions for a homeless encampment at a park, right next to an elementary school. Families and homeless advocates both agree that closing down Harborside Park is not the solution. Parents say this will not keep homeless people away from being near the elementary school . https://www.cbs8.com/article/news/local/chula-vista-city-council-to-address-homeless-issue-at-harborside- park/509-dd641334-16df-467c-9165-847f6b45ed71 -- Alan Curry Page 54 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 55 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 56 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 57 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda v . 0 03 P a g e | 1 January 9, 2024 ITEM TITLE Employee Positions: Adopt an Ordinance Adding the Unclassified Position Title of Animal Care Facility Administrator Location: No specific geographic location Department: Human Resources G.C. § 84308: No 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 an ordinance amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position title of Animal Care Facility Administrator. (Second Reading and Adoption) (4/5 Vote Required) Summary This ordinance was placed on first reading on December 12, 2023. The original staff report can be accessed at the following link: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=36968 Please note, the original staff report may include information beyond the scope of the ordinance proposed for adoption with this action. For questions, please contact the staff indicated in the original staff report or cityclerk@chulavistaca.gov. Page 58 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda SECOND READING AND ADOPTION ORDINANCE NO. ________ ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLE OF ANIMAL CARE FACILITY ADMINISTRATOR WHEREAS, the Human Resources Department has created new classifications to better reflect the needs of the City’s workforce; and WHEREAS, the Animal Care Facility Administrator position, given its duties and responsibilities, is an unclassified management position, within the meaning of Charter Section 701; and WHEREAS, Chula Vista City Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.10 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled: Administrative Secretary (Mayor, At Will), Administrative Services Manager, Animal Care Facility Administrator, Animal Care Facility Manager, Assistant Chief of Police, Assistant Director of Development Services, Assistant Director of Engineering, Assistant Director of Human Resources, Assistant Director of Finance, Assistant Director of Public Works, Assistant Director of Recreation, Budget and Analysis Manager, Building Official, Building Official/Code Enforcement Manager, Chief Information Security Officer, Chief of Staff, Chief Sustainability Officer, City Engineer, Code Enforcement Manager, Communications Manager, Constituent Services Manager, Deputy City Manager, Deputy Fire Chief, Deputy Director of Community Services, Development Project Manager, Development Services Department Director, Director of Animal Services, Director of Community Services, Director of Conservation and Environmental Services, Director of Economic Development, Economic Development Manager, Emergency Services Manager, Fire Division Chief, FA Accounting Technician, FA Administrative Analyst I, FA Administrative Analyst II, FA Analyst, FA Cyber Security Program Manager, FA Deputy Director LECC, FA Deputy Executive Director, FA Executive Director, FA Public Private Partnership and Exercise Program Manager, FA Director of San Diego Law Enforcement Coordination Center, FA Executive Assistant, FA Financial Manager, FA Geospatial Intelligence Analyst, FA IVDC-LECC Executive Director, FA Law Enforcement Coordination Center Information Technology Manager, FA Intelligence Analyst, FA Management Assistant, FA Microcomputer Specialist, FA Network Administrator I, FA Network Administrator II, FA Network Administrator III, FA Program Analyst, FA Program Assistant Supervisor, FA Program Manager, FA Network Engineer, FA Page 59 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Ordinance No. Page No. 2 Senior Financial Analyst, FA Senior Intelligence Analyst, FA Senior Program Assistant, FA Senior Secretary, FA Supervisory Intelligence Analyst, Facilities Financing Manager, Finance Manager, Housing Manager, Human Resources Manager, Information Technology Manager, Law Office Manager, Office Specialist (Mayor’s Office), Planning Manager, Police Administrative Services Administrator, Police Captain, Policy Aide, Public Works Superintendent, Purchasing Agent, Redevelopment and Housing Manager, Revenue Manager, Risk Manager, Senior Council Assistant, Special Projects Manager and Traffic Engineer. 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 competen t 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 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 Tanya Tomlinson Jill D.S. Maland Acting Director of Human Resources/ Lounsbery Ferguson Altona & Peak Risk Management Acting City Attorney Page 60 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda v . 0 03 P a g e | 1 January 9, 2024 ITEM TITLE Agreement: Approve an Agreement with Raymond James & Associates, Inc. to Provide Underwriter Services Report Number: 24-0004 Location: Community Facilities Districts 06-I IA A, 06-I IA B, 07-I, 08-I, and 2001-2 Department: Finance G.C. § 84308: No 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 approving an agreement with Raymond James & Associates, Inc. to provide underwriter services in connection with the bond refinancing of the Chula Vista Municipal Financing Authority Special Tax Revenue Refunding Bonds, Series 2013. SUMMARY The City of Chula Vista (the "City") refinanced five series of special tax refunding bonds in 2013 under the Chula Vista Municipal Financing Authority, each issued by a Community Facilities District (CFD) of the City. The City now has the opportunity to refinance the Special Tax Revenue Refunding Bonds, Series 2013, and reduce the future special taxes levied on affected homes within the applicable CFDs. The City issued a Request for Proposal (RFP) for underwriter services in connection with the bond refinancing of the Chula Vista Municipal Financing Authority Special Tax Revenue Refunding Bonds, Series 2013. Seven bidders submitted proposals. After an evaluation of the proposals, a selection committee recommended Raymond James & Associates, Inc. In this action, staff recommends approval of an agreement with Raymond James & Associates, Inc. for Underwriter Services in relation to the Bond Refinancing of the Chula Vista Municipal Financing Authority Special Tax Revenue Refunding Bonds, Series 2013. Page 61 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda P a g e | 2 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. DISCUSSION The City has the opportunity to refinance the Chula Vista Municipal Financing Authority Special Tax Revenue Refunding Bonds, Series 2013. The Special Tax Revenue Refunding Bonds, Series 2013 (2013 Bonds) refinanced five series of special tax refunding bonds, each issued by a CFD of the City (CFD 06-I IA A, CFD 06- I IA B, CFD 07-I, CFD 08-I and CFD 2001-2). The estimated bond issuance (2024 Bonds) for this bond refinancing will be approximately $40,000,000 and the bonds will mature in 2034, with no extension of the existing 2013 Bonds maturity. The total costs of issuance are estimated to be $400,000 to be paid from the bond proceeds provided by the bond refinancing. This includes the cost of Bond Counsel and Disclosure Counsel ($90,000), Special Tax Consultant Services ($45,000) and Municipal Advisor Services ($70,000). The total estimated costs of issuance also include credit rating fees, fiscal agent fees, printing fees and the underwriter’s commission ($195,000). Additional details concerning the 2024 Bonds will be presented to the City Council at a future meeting to approve the issuance of the 2024 Bonds. The Municipal Advisor has estimated the 2024 Bonds debt service based on current interest rates as of November 28, 2023. Using those estimates, the existing homeowners should see a reduction of approximately 8.5% in their special tax that is included on their 2024-25 property tax bills. That generates an average reduction of approximately $80 per year for detached homes and $55 per year for attached homes compared to the special tax that was included on the homeowners’ 2023 -24 property tax bills, based on today’s bond market conditions. The savings also vary by home size and by individual CFD. Underwriter services are required for the issuance of the 2024 Bonds. On September 29, 2023, the City issued RFP P09-2024 for Underwriter Services in connection with the 2024 Bonds. Hilltop Securities, JP Morgan, Piper Sandler, Raymond James & Associates, Inc., Samuel A. Ramirez & Co., Inc., Stern’s Brothers, and Stifel Nicolaus & Company, Inc. submitted proposals in response to the RFP. The City’s selection committee members reviewed, scored, and discussed the firms based on qualification of personnel, adherence of firm’s proposal to RFP guidelines, resources available to perform tasks on time and within budget, firm experience directly related to contract, and total cost and justification. After comprehensive assessment, staff recommends approving the agreement with Raymond James & Associates, Inc., to provide Underwriter Services. Staff is recommending the City enter into an agreement from January 9, 2024 through September 18, 2024. The City reserves the right to procure the services of Raymond James & Associates, Inc. for any future bond issuances/bond refinancing to be completed through September 18, 2029. At which time the City will draft a new two-party agreement with the scope of services specific to said bond issuance for Council approval. Page 62 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda P a g e | 3 DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found that Mayor McCann has real property holdings within 500 feet of the boundaries of CFD 06-I which is the subject of this action. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2 (a) (7), this item presents a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member. CURRENT-YEAR FISCAL IMPACT This agreement is funded by bond proceeds from the bond refinancing with a not-to-exceed amount of $107,565. There is no additional current-year fiscal impact anticipated as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City as a result of this action. ATTACHMENTS 1. Raymond James & Associates, Inc. Underwriter Services Agreement 2. RFP P09-2024 Underwriter Services Staff Contact: Sarah Shoen, Director of Finance/Treasurer Page 63 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT FOR UNDERWRITER SERVICES AGREEMENT BETWEEN THE CITY AND RAYMOND JAMES & ASSOCIATES, INC. WHEREAS, the City requires Underwriter Services to be performed in connection with the Bond Refinancing of the Chula Vista Municipal Financing Authority Special Tax Revenue Refunding Bonds, Series 2013; and WHEREAS, in order to procure these services, the City solicited proposals in accordance with Cbula Vista Municipal Code Section 2.56.110; and WHEREAS, the City received (7) proposals from firms interested in providing Underwriter Services; and WHEREAS, the City’s firm selection committee completed its review of proposals and selected Raymond James & Associates, Inc. as the firm to provide Underwriter Services for the Bond Refinancing of the Chula Vista Municipal Financing Authority Special Tax Revenue Refunding Bonds, Series 2013; 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Underwriter Services agreement between the City and Raymond James & Associates, Inc. in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Presented by Approved as to form By: Sarah Schoen Jill D.S. Maland Director of Finance Lounsbery Ferguson Altona & Peak Acting City Attorney Page 64 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 1 City of Chula Vista Agreement No.: 2023-299 Consultant Name: Raymond James & Associates, Inc. Rev. 1/17/23 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH RAYMOND JAMES & ASSOCIATES, INC. TO PROVIDE UNDERWRITER SERVICES This Agreement is entered into effective as of January 9, 2024 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Raymond James & Associates, Inc., A California Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City requires Underwriter Services to be performed in connection with the Bond Refinancing of the Chula Vista Municipal Financing Authority Special Tax Revenue Refunding Bonds, Series 2013; and WHEREAS, in order to procure these services, the City solicited proposals via RFP P09-2024 in accordance with the Chula Vista Municipal Code Section 2.56.110; and WHEREAS, the City received seven (7) proposals from firms interested in providing Underwriter Services; and WHEREAS, the City’s firm selection committee completed its review of proposals and selected Raymond James & Associates, Inc. as the firm to provide Underwriter Services for the Bond Refinancing of the Chula Vista Municipal Financing Authority Special Tax Revenue Refunding Bonds, Series 2013; 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.] Page 65 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 2 City of Chula Vista Agreement No.: 2023-299 Consultant Name: Raymond James & Associates, Inc. Rev. 1/17/23 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 5 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and Page 66 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 3 City of Chula Vista Agreement No.: 2023-299 Consultant Name: Raymond James & Associates, Inc. Rev. 1/17/23 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 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 Page 67 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 4 City of Chula Vista Agreement No.: 2023-299 Consultant Name: Raymond James & Associates, Inc. Rev. 1/17/23 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 Worke rs’ 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 Page 68 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 5 City of Chula Vista Agreement No.: 2023-299 Consultant Name: Raymond James & Associates, Inc. Rev. 1/17/23 “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 insuranc e 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 timely and fully protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any 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 Page 69 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 6 City of Chula Vista Agreement No.: 2023-299 Consultant Name: Raymond James & Associates, Inc. Rev. 1/17/23 obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of 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 and fees City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 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 all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to Page 70 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 7 City of Chula Vista Agreement No.: 2023-299 Consultant Name: Raymond James & Associates, Inc. Rev. 1/17/23 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 Chu la 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 Page 71 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 8 City of Chula Vista Agreement No.: 2023-299 Consultant Name: Raymond James & Associates, Inc. Rev. 1/17/23 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 carr y 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 volu nteers 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, Page 72 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 9 City of Chula Vista Agreement No.: 2023-299 Consultant Name: Raymond James & Associates, Inc. Rev. 1/17/23 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. Co nsultant 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.) Page 73 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 10 City of Chula Vista Agreement No.: 2023-299 Consultant Name: Raymond James & Associates, Inc. Rev. 1/17/23 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. RAYMOND JAMES & ASSOCIATES, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ JOSE VERA JOHN MCCANN MANAGING DIRECTOR MAYOR ATTEST BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: _______________________________ Jill D.S.Maland Lounsbery Ferguson Altona & Peak Acting City Attorney Page 74 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 11 City of Chula Vista Agreement No.: 2023-299 Consultant Name: Raymond James & Associates, Inc. Rev. 1/17/23 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Patricia Macias 276 Fourth Avenue, Chula Vista, CA 91910 619-407-3565 pmacias@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: RAYMOND JAMES & ASSOCIATES, INC. 39 E. Union Street, Pasadena, CA 91103 626-628-2703 Jose.vera@raymondjames.com For Legal Notice Copy to: Raymond James & Associates, Inc. Jose Vera, Managing Director 39 E. Union Street, Pasadena, CA 91103 626-628-2703 Jose.vera@raymondjames.com 2. Required Services A. General Description: Raymond James & Associates, Inc. will provide Underwriter Services in relation to the Bond Refinancing of the Chula Vista Municipal Financing Authority Special Tax Revenue Refunding Bonds, Series 2013 B. Detailed Description: Scope of Work Consultant shall: A. Provide, review and comment on all documents related to the financing. B. Identify, evaluate, and explain the benefits and risks of alternative financing structures. C. Optimize the overall debt structure. D. Work with the financing team to seek the highest possible credit ratings for the proposed bonds. E. Assist the financing team to assess the benefits of credit enhancement for the bonds. Page 75 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 12 City of Chula Vista Agreement No.: 2023-299 Consultant Name: Raymond James & Associates, Inc. Rev. 1/17/23 F. Advise the financing team regarding the timing, sizing, and structure of the bond issue. G. Develop and execute a marketing plan that will result in the most favorable outcome for the bonds. H. Assist in the preparation of the official statement and other legal and disclosure documents used in connection with the sale of bonds. I. Participate in meetings with and presentations to the City Council, City Staff, consultants, rating agencies, and insurance companies. J. Keep the City apprised of regulatory developments, as appropriate. K. Provide assistance in closing the bond issue. L. Prepare post-sale analyses, including but not limited to, information on placement of the bonds, market conditions at the time of sale, orders, designations, allocations, and results of comparable sales. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin January 9, 2024 and end on September 18, 2024for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ For performance of all of the Required Services by Consultant as herein required, City shall pay fees upon completion of all services to the City’s satisfaction, as follows: 2024 Bonds $ 43,000,000.00 * Descripton $/ bond Total Takedown (Underwriter Fee) $ 2.00 $ 86,000 Management Fee $ - $ - Expenses $ 0.51 $ 21,565 1 $ 107,565 ** *$40,000,000 Bonds with a $3,000,000 Bond Premium **Total based on $43,000,000 ($40,000,000 Bonds with a $3,000,000 Bond Premium) 1Expenses Breakdown: Descripton $/ bond Total Underwriter's Counsel $ 0.24 $ 10,000.00 Fixed Ipreo $ 0.11 $ 4,730.00 DTC $ 0.02 $ 800.00 Fixed CUSIP $ 0.01 $ 535.00 Estimate CDIAC $ 0.12 $ 5,000.00 Max fee DAC $ 0.01 $ 500.00 Fixed $ 21,565.00 Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through September 18, 2024 shall not exceed $107,565.00. Page 76 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 13 City of Chula Vista Agreement No.: 2023-299 Consultant Name: Raymond James & Associates, Inc. Rev. 1/17/23 5. Special Provisions: None Page 77 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 14 City of Chula Vista Agreement No.: 2023-299 Consultant Name: Raymond James & Associates, Inc. Rev. 1/17/23 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 Page 78 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 15 City of Chula Vista Agreement No.: 2023-299 Consultant Name: Raymond James & Associates, Inc. Rev. 1/17/23 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 Jose Vera Ken Yoon Parker Colvin Marie Autphenne Jose.vera@raymondjames.com Ken.yoon@raymondjames.com Parker.colvin@raymondjames.com Marie.autphenne@raymondjames.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 requirement s. 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: Patricia Macias 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). Page 79 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P09-2024 September 29, 2023 1 | Page THE CITY OF CHULA VISTA REQUEST FOR PROPOSAL RFP P09-2024 Notice is hereby given that proposals will be received until 12:00 P.M. on Thursday, October 12, 2023, Pacific Standard Time (PST), furnishing the City of Chula Vista with: Underwriter Services Prospective respondents are hereby referred to the proposal instructions, general provisions, and terms and conditions contained in this request for proposal. All proposals must be submitted through PlanetBids by the due date and time. Late proposals will not be considered. Questions related to the proposal must be submitted through PlanetBids. Questions must be received by 3:00 P.M. Tuesday, October 3, 2023. Answers will be uploaded as an addendum in PlanetBids no later than 5:00 P.M. Thursday, October 5, 2023. The City reserves the right to reject any or all proposals received or any portion of any proposal and to waive any irregularities or informalities in proposals or the RFP process. Any addenda that are issued through this RFP must be signed and returned with your submittal. Victor De La Cruz Procurement Services Analyst Page 80 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P09-2024 September 29, 2023 2 | Page Schedule Activity Date RFP Posted to PlanetBids September 29, 2023 Question Submittal through PlanetBids October 3, 2023, no later than 3:00 pm Response to Questions Released October 5, 2023, no later than 5:00 pm RFP Response and Proposal Due October 12, 2023, no later than 12:00 pm Presentations/Interviews October 24-25 2023 Selection of Consultant October 25, 2023 Council Adoption November 7, 2023 Contract Inception November 7, 2023 Objective The City of Chula Vista is seeking proposals from firms wishing to serve as Underwriter in connection with the refunding of the Chula Vista Municipal Financing Authority Special Tax Revenue Refunding Bonds, Series 2013. The City is requesting the following proposal: Underwriter Services in connection with refunding of the Chula Vista Municipal Financing Authority Special Tax Revenue Refunding Bonds, Series 2013. The goal is to select an Underwriter by October 25, 2023, and seek City Council approval of the selection on November 7, 2023. The City may request a form of engagement letter for this approval. The engagement will commence on November 7, and end when the closing of the Special Tax Refunding Revenue Bonds (described below) occurs. The Authority will adopt a Bond Purchase Agreement between the Authority and the Underwriter at the time of bond approval by the City Council. 2013 Bonds. The Chula Vista Municipal Financing Authority intends to sell approximately $40 million Special Tax Refunding Revenue Bonds for the purpose of refinancing its previously issued Special Tax Refunding Revenue Bonds Series 2013. The Bond proceeds will be used to acquire special tax refunding bonds of 5 CFDs (CFD Bonds) and the Bonds will be secured by repayment of the CFD Bonds. One of the five CFD Bonds are currently payable on parity with other CFD Bonds issued in connection with the issuance of the Chula Vista Municipal Financing Authority Special Tax Revenue Refunding Bonds, Series 2015. Page 81 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P09-2024 September 29, 2023 3 | Page There was a partial mandatory redemption of the 2013 bonds in 2015, and the revised maturity schedule is shown below. The current reserve requirement is approximately $5,673,000. Maturity Date Amount Maturity Date Amount 9/1/2024 3,315,000 9/1/2030 4,560,000 9/1/2025 3,495,000 9/1/2031 4,820,000 9/1/2026 3,685,000 9/1/2032 5,060,000 9/1/2027 3,885,000 9/1/2033 5,310,000 9/1/2028 4,095,000 9/1/2034 1,870,000 9/1/2029 4,330,000 Total 44,425,000 The City has the following firms under contract for this engagement: Bond Counsel – Stradling Yocca Municipal Advisor – Harrell & Company Advisors Special Tax Consultant – Spicer Consulting Group Background Chula Vista is located at the center of one of the richest cultural, economic and environmentally diverse zones in the United States. It is the second-largest City in San Diego County with a population of more than 267,000. Chula Vista boasts more than 50 square miles of coastal landscape, canyons, rolling hills, mountains, and a variety of natural resources and quality infrastructure. Established neighborhoods, contemporary communities, start-up firms, corporations, nationally recognized entertainment venues, the nation’s only warm-weather Elite Athlete Training Center, an award-winning nature center and a historic downtown all contribute to Chula Vista’s attraction for both families and businesses. Chula Vista means “beautiful view”. It has great year-round weather, miles of trails, coastline, mountains and open space beckon runners, hikers, cyclists, birders, and outdoors enthusiasts from the bay to lakes. Additional information regarding the City may be obtained at www.chulavistaca.gov Page 82 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P09-2024 September 29, 2023 4 | Page Scope of Work The City of Chula Vista is soliciting proposals from qualified firms to serve as the City’s Underwriter in connection to the refunding of the Chula Vista Municipal Financing Authority Special Tax Revenue Refunding Bonds, Series 2013 and intends to engage the Underwriter for the defined scope of work detailed in this Request for Proposal In order to assist the City, the firm selected as Underwriter will be required to have the capabilities to perform the following services including but not limited to: A. Provide review and comment on all documents related to the financing. B. Optimizing the overall debt structure. C. Working with the financing team to seek the highest possible credit ratings for the proposed bonds. D. Assisting the financing team to assess the benefits of credit enhancement for the bonds. E. Advising the financing team regarding the timing, sizing and structure of the bond issue. F. Developing and executing a marketing plan that will result in the most favorable for the bonds. G. Assist in the preparation of the official statement and other legal and disclosure documents used in connection with the sale of bonds. H. Participate in meetings with and presentations to the City Council, City Staff, consultants, rating agencies, and insurance companies. I. Keeping the City apprised of regulatory developments, as appropriate. J. Providing assistance in closing the bond issue. K. Preparing post-sale analyses, including but not limited to, information on placement of the bonds, market conditions at the time of sale, orders, designations, allocations, and results of comparable sales. The above list is not meant to constitute an exhaustive list of duties. A firm selected may be called upon to provide other services not identified here in connection with a particular transaction. In addition, the City expects the Underwriters, as part of their responsibilities to investors under the Federal Securities Laws, to conduct such review as is necessary to attain a reasonable basis for belief in the accuracy and completeness of the key representations in the Official Statement. Page 83 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P09-2024 September 29, 2023 5 | Page Proposal Form and Content The City will accept proposals in accordance with the instructions and specifications in this Request for Proposal (RFP). A. Provide one (1) original PDF document uploaded in PlanetBids on or before the date identified in this RFP. B. Cover Letter a. Each response should include a cover letter no longer than two pages. In the letter please specify whether you wish to be considered for the position of senior manager, co- manager or both. Please note that the City reserves the right to assign firms proposing as senior manager to a co-manager position. C. Firm Information a. Provide a brief description of your firm and its experience underwriting Community Facilities Districts Special Tax Revenue Bonds. b. Provide a table, with a grand total, of all California Special Tax Revenue Bond transactions on which the firm has served as senior or co-manager since January 1, 2020. Specifically identify the firm’s role, the staff members involved, the underlying rating(s) on the transaction, and any credit enhancement used. D. Qualifications and Experience of Assigned Personnel a. Identify the members of your firm who will be assigned to this project, and provide the office location, telephone number and e-mail address of each. Identify the day-to-day project manager and the back-up project manager, if any, for this engagement. b. Provide the name, address, email address and telephone number of three references for California municipalities for whom the proposed project manager and the back-up project manager have served as underwriter since 2020 carrying out similar responsibilities to those contemplated under this RFP. E. Approach to Work a. The Proposer must describe the firm’s envisioned approach or strategy for marketing the Bonds to potential bond investors, as well as describe its ability to market special tax revenue bonds at the lowest yields during the current uncertain interest rate environment. Your approach may include evaluating and recommending different financial strategies, if any, that are in compliance with the Mello-Roos Act for refunding community facilities district bonds. Please also identify how the City might strengthen the interest in the credit by potential bond investors, such as the use of a fully or partially funded reserve fund instead of purchasing a surety bond. F. Legal Issues and Potential Conflict of Interest The proposal must provide the following information: a. Conflict of Interest: Public finance underwriting is subject to regulation by federal and state regulatory agencies and self-regulatory organizations, including the Securities and Page 84 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P09-2024 September 29, 2023 6 | Page Exchange Commission (SEC) and the Municipal Securities Rulemaking Board (MSRB). When acting as an underwriter, MSRB rules require that the firms provide certain disclosures to the issuers of bonds to clarify the role of an underwriter, for example as compared to that of a municipal advisor. Disclose any existing or contemplated relationship with any other person or entity, including relationships with any parent, subsidiary or affiliated firm, which would constitute an actual or potential conflict of interest or appearance of impropriety, relating to other clients/customers of the Respondent or former officers and employees of the Agencies and their Affiliates, in connection with your rendering services enumerated in this RFP. If a conflict does or might exist, please describe how your firm would eliminate or prevent it. Indicate what procedures will be followed to detect, notify the Agencies of, and resolve any such conflicts. b. Any pending investigations of the firm and any enforcement, settlements, or disciplinary actions taken within the past five years by any regulatory body. c. The firm’s affiliation or relationship, if any, with any broker-dealer. d. Any finder’s fee, fee splitting, payments to consultants, or other contractual arrangements of the firm that could present a real or perceived conflict of interest. e. Registration with appropriate regulatory bodies. G. Cost Proposal Please provide the following costs: a. Takedown b. Management Fee c. Expenses Evaluation Method All proposals shall be reviewed to verify that the Proposer has met the minimum requirements. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the General Terms and Conditions, will be eliminated from further consideration. Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Chula Vista personnel. Award will be made in the best interest of the City of Chula Vista. Evaluation Criteria The award to the successful Underwriter will be based upon response to the requirements outlined in this RFP, and an estimate of the quality and effectiveness of each Underwriter’s services in the following areas (not listed in order of importance): a. Relevant experience and qualifications of the firm b. Record of past performance of the firm and individual staff in client relationship and delivering services on scope, quality, schedule, and budget. c. Approach to work. d. Legal issues or conflicts. e. Cost Proposal. Page 85 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P09-2024 September 29, 2023 7 | Page GENERAL CONDITIONS Evaluation The Purchasing Agent along with the Department Representatives will evaluate responses. The City reserves the right to reject any or all responses and to waive any irregularity or informality in any response to the extent permitted by law. All respondents are responsible for reading the attached specifications, terms and conditions, Performance Standards, General Conditions, and General Provisions, which are considered part of your bid and any contract awarded. Award It is the City’s intent to award this contract to a single contractor based on the primary services (as outlined on PlanetBids). However, the city retains the ability to utilize alternate contractor/s in the event the awarded contractor is unable to provide services in the time outlined by the city. The award will be made to the lowest, responsive and responsible bidder who, in the City's sole judgement, has the necessary experience, skill, business standing, equipment, staffing, and financial stability to properly maintain the City's bid. The extent to which the respondent proposes to subcontract work will also be a consideration in award. This RFP does not commit the City to award a contract, to pay any costs incurred in the preparation of the proposal to this request, or to procure or contract for services or supplies. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part or entirely this RFP, if it is in the best interest of the City to do so. The City further reserves the right to waive any technicalities or minor irregularities in bids received. The City may require the selected respondent to participate in negotiations and to submit such price, technical or other revisions of their proposals as may result from negotiations. The City shall be the sole judge in determining award of contract. Local Business Consideration According to the Chula Vista Municipal Code, Chapter 2.56.080, letter G, In accordance with Section 1011 of the Charter, in the event two or more bids are received which are for the same total amount or unit price and in all other respects are equal, the contract shall be awarded to a local respondent. In the event, however, that such tie bids are all from vendors either wholly inside or all outside of the city, then the contract shall be awarded by drawing lots in public. In evaluating bids for award, the City of Chula Vista considers the 1% sales tax allocated back to the City from vendors located in Chula Vista. PUBLIC DISCLOSURE All proposals submitted in response to this RFP become the property of the City and public records, and as such may be subject to public review. Under the California Public Records Act (California Government Code Section 6250 et seq.) records in the custody of a public entity generally have to be disclosed unless the information being sought falls into one or more of the exemptions to disclosure set out in Government Code Sections 6254 through 6255. A cover letter should be provided with the proposal containing a paragraph that states whether or not Vendor believes that its proposal does or does not contain information that falls into one of the exemptions of Government Code Sections 6254 through 6255 and whether or not Vendor considers such information to be confidential. In the absence of a declaration, the City may be obligated to disclose the proposal to any party that requests it. Regardless of assertions of confidentiality, proposal contents may still be disclosed if City, or a court with jurisdiction, determines that such proposal is a public record requiring disclosure. Page 86 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P09-2024 September 29, 2023 8 | Page Payment Terms Fees are contingent and will be paid from bond proceeds at bond closing. Business License A Business License is required as outlined in the Chula Vista Municipal Code Section 5.02.020, which states: It is unlawful for any person, or for any person as agent, clerk or employee, either for himself or for any other person, within the corporate limits of the City, to transact, engage in, or carry on any business, show, exhibition or game hereinafter specified without first having procured a license. ____________________ Signature ____________________ Date This page must be completed and returned with response. Page 87 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P09-2024 September 29, 2023 9 | Page PROPOSAL GENERAL PROVISIONS Please Read Carefully These Provisions Are a Part of Your Proposal and any Contract Awarded The bidder agrees that: A. Bidder has carefully examined the specifications, and all provisions relating to the item(s) to be furnished or the work to be done; understands the meaning, intent, and requirements; and B. Bidder will enter into a written contract and furnish the item(s) or complete the work in the time specified, and in strict conformity with the City of Chula Vista specifications for the prices quoted. Note: Bidder is defined as any individual, partnership, or corporation submitting a bid, proposal, or quotation in response to a request for bid, request for proposal, or request for quotation. A bidder may also be referred to as consultant, contractor, operator, supplier, or vendor. Bid is defined as any bid, proposal, or quotation submitted in response to this solicitation. 1. INTENTIONALLY OMITTED 2. INTENTIONALLY OMITTED 3. Verify Quotations Prices shall be verified prior to bid submittal, as withdrawal or correction may not be permitted after the bid has been opened. 4. Firm Prices Prices on bid shall be firm prices not subject to escalation. 5. Modification or Withdrawal of Bids Bids may be modified or withdrawn by written or facsimile notice received prior to the exact hour and date specified for receipt of bid. A bid may also be withdrawn in person by a bidder, or authorized representative, prior to the exact hour and date set for receipt of bids. Telephone withdrawals are not permitted. 6. Late Bids, Modifications, or Withdrawals a) Bids, modifications of bids, or bid withdrawals received after the exact time and date specified for receipt will not be considered unless receipt is before the contract is awarded and the City determines that late receipt was due solely to City error. b) Modification of a successful bid that makes the terms of the bid more favorable to the City will be considered at any time. Page 88 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P09-2024 September 29, 2023 10 | Page 7. Mistake in Bid a) If the bidder discovers a mistake in bid prior to the hour and date specified for receipt of bid, bidder may correct the mistake by modifying or withdrawing the bid in accordance these provisions. b) If within seventy-two hours of the bid closing and prior to the issuance of a purchase order or a contract, the bidder discovers a mistake in its bid of a serious and significant nature which is unfavorable to bidder, bidder may request consideration be given to modifying the bid if it remains the lowest bid or to withdrawal of the bid if the result of the correction of the mistake makes another bidder lowest and best bidder. The mistake must be evident and provable. The right is reserved by the City to reject any and all requests for correction of mistakes in bids received after the hour and date of the bid closing. The decision of the Purchasing Agent is final as regards acceptance or rejection of requests for correction of bids. c) A mistake in bid cannot be considered once a purchase order or contract is issued. 8. Signature All bids shall be signed, and the title and firm name indicated. A bid by a corporation shall be signed by an authorized officer, employee or agent with his or her title. 9. Alternative Proposals To be responsive to the bid, bidder must submit a proposal that meets all specific bid requirements. Once bidder has proposed a product which is responsive to the specification, bidder may include with the bid any additional proposals or alternative products that bidder believes can meet or exceed the City’s requirements and that may offer additional advantages, benefits, or cost savings. The City reserves the right to evaluate, and accept or reject, such alternatives as though they were part of the original specifications without advertising for further bids, when in the best interests of the City. Any awards so made will be based on operational and cost analysis considerations that would result in the optimum economic advantage to the City. 10. INTENTIONALLY OMITTED 11. INTENTIONALLY OMITTED 12. Litigation Warranty The bidder, by bidding, warrants that bidder is not currently involved in litigation or arbitration concerning the materials or bidder’s performance concerning the same or similar material or service to be supplied pursuant to this contract of specification, and that no judgments or awards have been made against bidder on the basis of bidder’s performance in supplying or installing the same or similar material or service, unless such fact is disclosed to the City in the bid. Disclosure may not disqualify the bidder. The City reserves the right to evaluate bids on the basis of the facts surrounding such litigation or arbitration and to require bidder to furnish the City with a surety bond executed by a surety company authorized to do business in the State of California and approved by The City of Chula Vista in a sum equal to one hundred percent (100%) of the contract price conditional on the faithful performance by bidder of the contract in the event the bid is awarded to bidder, notwithstanding the litigation or arbitration. 13. Performance Standards Performance of work and acceptability of equipment or materials supplied pursuant to any contract or award shall be to the satisfaction of the City. Page 89 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P09-2024 September 29, 2023 11 | Page 14. INTENTIONALLY OMITTED 15. Addenda The effect of all addenda to the bid documents shall be considered in the bid and said addenda shall be made part of the bid documents and shall be returned with them. Before submitting a bid, each bidder shall ascertain whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued may render the bid invalid and result in its rejection. 16. Specifications to Prevail The detailed requirements of the specifications shall supersede any conflicting reference in these General Provisions that are in conflict therewith. 17. INTENTIONALLY OMITTED 18. Conflict of Interest No City employee or elected or appointed member of City government, or member of the employee’s immediate family, may participate directly or indirectly in the procurement process pertaining to this bid if they: a) Have a financial interest or other personal interest that is incompatible with the proper discharge of their official duties in the public interest or would tend to impair their independence, judgment or action in the performance of their official duties. b) Are negotiating for or have an arrangement concerning prospective employment with bidder. The bidder warrants to the best of his knowledge that the submission of the bid will not create such conflict of interest. In the event such a conflict occurs, the bidder is to report it immediately to the Purchasing Agent. For breach or violation of this warranty, the City shall have the right to annul this contract without liability at its discretion, and bidder may be subject to damages and/or debarment or suspension. 19. Gratuities The City may rescind the right of the bidder to proceed under this agreement if it is found that gratuities in the form of entertainment, gifts, or otherwise are offered or given by the bidder, or any agent or representative of the bidder, to any officer or employee of the City with the intent of influencing award of this agreement or securing favorable treatment with respect to performance of this agreement. 20. INTENTIONALLY OMITTED 21. Insurance Bidder shall provide proof of liability and property damage insurance prior to performance of duties. Coverage shall be from a company authorized to transact business in the State of California and shall be in an amount not less than $1,000,000 combined single limit (CSL), unless otherwise specified. The City of Chula Vista shall be named as an additional insured and thirty (30) days’ notice of cancellation shall be indicated. Worker’s Compensation coverage for each employee engaged in work on City premises is required. Bidder is solely responsible for all insurance premium payments. 22. Indemnification Bidder shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, employees, and agents, from and against all claims for damages, liability, and expenses (including attorney’s Page 90 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P09-2024 September 29, 2023 12 | Page fees) arising out of this agreement and/or bidder’s performance hereunder, except as to such damages, liability, and expenses due to the sole negligence or willful acts of the City, its officers, employees or agents. 23. Award of Contract a) Bids will be analyzed, and award will be made to the lowest, responsive and responsible bidder whose bid conforms to the solicitation and whose bid is considered to be most advantageous to the City, price and other factors considered. Factors to be considered may include, but are not limited to: bidder’s past performance, total unit cost, economic cost analysis, life cycle costs, warranty and quality, maintenance cost, durability, the operational requirements of the City and any other factors which will result in the optimum economic benefit to the City. b) The City reserves the right to reject any item or items, to waive informalities, technical defects and minor irregularities in bids received; and to select the bid(s) deemed most advantageous to the City. The City will, however, consider bids submitted on an “all or nothing” basis if the bid is clearly designated as such. c) The City reserves the right to award one or more contracts on the bids submitted, either by award of all items to one bidder or by award of separate items or groups of items to various bidders as the interests of the City may require, unless the bidder clearly specifies otherwise in his bid. d) For the purpose of evaluating bids for multiple awards, the sum of $100.00 is considered to be the administrative cost to the City for issuing and administering each contract awarded under this solicitation, and individual awards will be made for the items and combinations of items which result in the lowest aggregate price to the City, including such administrative cost. e) Upon acceptance by the City of Chula Vista, the solicitation, bid, proposal, or price quotation and a purchase order issued to the successful bidder shall be deemed to result in a binding contract incorporating those terms and these General Provisions without further action required by either party. Items are to be furnished as described in the bid and in strict conformity with all instructions, conditions, specifications, and provisions in the complete contract, as defined by this clause 28 or any related integrated agreement. 24. Protests Protests by unsuccessful bidders to the selection for award shall be submitted in writing to the Purchasing Agent no later than ten (10) calendar days after award recommendation. The unsuccessful bidder shall have the right to appear at the City Council to protest any award to be confirmed by Council. Failure to submit a timely written protest to the Purchasing Agent shall bar consideration of such protest. 25. Documentation Due to the time constraints that affect contract performance, all required documents, certificates of insurance and bonds shall be provided to the City within ten (10) calendar days following award or date of request by City, whichever is later. Any failure to comply may result in bid being declared non-responsive and rejected, and at City’s option the bid bond may be attached for damages suffered. 26. INTENTIONALLY OMITTED 27. Document Ownership a) All technical documents and records originated or prepared pursuant to this contract, including papers, reports, charts, and computer programs, shall be delivered to and become the exclusive property of the City and may be copyrighted by the City. Bidder assigns all copyrights to City by undertaking this agreement Page 91 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P09-2024 September 29, 2023 13 | Page b) All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this contract shall be the property of the City, and all patents or copyrights shall be assigned to City, unless otherwise agreed. Bidder agrees that City may make modifications to computer software furnished by bidder without infringing bidder’s copyright or any license granted to City. 28. Advertisements, Product Endorsements City employees and agencies or organizations funded by the City are prohibited from making endorsements, either implied or direct, of commercial products or services without written approval of the City Manager. No bidder may represent that the City of Chula Vista has endorsed their product or service without the Purchasing Agent’s prior written approval. 29. City Provisions to Prevail Except as indicated in the specifications, the City’s standard General Provisions shall govern any contract award. Any standard terms and conditions of bidder submitted by bidder shall not be acceptable to City unless expressly agreed to by the City. The City reserves the right to reject bidder’s bid as non-responsive, to consider the bid without bidder’s standard terms and conditions, or to require bidder to delete reference to such as a condition of evaluation or award of the bid. If, after award of contract, bidder (contract vendor) shall provide materials or services accompanied by new or additional standard terms or conditions, they too shall be considered void and City may require deletion as a further condition of performance by Bidder. To the extent not otherwise provided for by the contract documents, the California Commercial Code shall apply. 30. Invalid Provisions In the event that any one or more of the provisions of this agreement shall be found to be invalid, illegal or unenforceable, the remaining provisions shall remain in effect and be enforceable. 31. Amendments and Modifications The Purchasing Agent may at any time, by written order, and without notice to the sureties, make a modification to the contract or an amendment to the Purchase Order, within the general scope of this contract, in (1) quantity of materials or service, whether more or less; (2) drawings, designs, or specifications, where the supplies to be furnished are to be specially manufactured for the City; (3) method of shipment or packing; and (4) place of delivery. If any such change causes an increase or decrease in the cost or the time required for the performance of this contract, an equitable adjustment shall be made by written modification of the contract or amendment to the Purchase Order. Any claim by the bidder for adjustment under this clause must be asserted within 30 calendar days from the notification date. 32. Assignment Bidder shall not assign or delegate duties or responsibilities under this agreement, in whole or in part, without prior written approval of the City. 33. Disputes Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Purchasing Agent, who shall reduce this decision to writing and mail a copy to the bidder. The decision of the Purchasing Agent shall be final and conclusive, unless bidder requests mediation within ten (10) calendar days. Pending final decision of a dispute, the bidder shall proceed diligently with the performance of the contract and in accordance with the Purchasing Agent’s decision. 34. Mediation Page 92 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P09-2024 September 29, 2023 14 | Page Should an unresolved dispute arise out of this agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within thirty (30) days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a Blindfold@ process. The cost of mediation shall be borne equally by both parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than sixty (60) days, unless the maximum time is extended by both parties. Page 93 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P09-2024 September 29, 2023 15 | Page 35. Lawful Performance Bidder shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and Statutes as may be related to the performance of duties under this agreement. In addition, all applicable permits and licenses required shall be obtained by the bidder, at bidder’s sole expense. 36. Business License Chula Vista Municipal Code Section 5.02.020 requires all firm/entities doing business with the City to obtain a Business License. Section 5.02.20 states: It is unlawful for any person, or for any person as agent, clerk or employee, either for himself or for any other person, within the corporate limits of the City, to transact, engage in, or carry on any business, show, exhibition or game hereinafter specified without first having procured a license. 37. Annual Appropriation of Funds Multi-year term supply and service contracts and leases are subject to annual appropriation of funds by the City Council. Payments made under term contracts and leases are considered items of current expense. Purchase Orders are funded when issued; therefore, they are current expense items and are not subject to any subsequent appropriation of funds. In the event sufficient funds are not appropriated for the payment of lease payments or anticipated term contract payments required to be paid in the next occurring lease or contract term, and if no funds are legally available from other sources, the lease or contract may be terminated at the end of the original term or renewal term and the City shall not be obligated to make further payments beyond the then current original or renewal term. The City will provide notice of its inability to continue the lease or contract at such time as the Purchasing Agent is aware of the non-appropriation of funds. However, failure to notify does not renew the term of the lease or contract. The City has no monetary obligation in event of termination or reduction of a term contract since such contracts represent estimated quantities and is not funded as a contract except to the extent of the Purchase Orders issued. 38. Extension When in the City’s best interest, this agreement may be extended on a daily, month-to-month, or annual basis by mutual agreement of both parties. Services and/or materials received under an extension shall be in accordance with pricing, terms, and conditions, as described herein. 39. Debarment The Purchasing Agent may recommend to the City Council that the person or business be debarred from consideration for award of contracts. The period of debarment will be contingent upon the severity of cause. Causes for debarment include: a) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or other offense indicating a lack of business integrity or business honesty b) Violation of contract provisions which is regarded by the Purchasing Agent to be so serious as to justify debarment action, including: i. Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or ii. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, or Page 94 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P09-2024 September 29, 2023 16 | Page iii. Two or more claims of computational error in bid submission within a two-year period. c) Debarment by another governmental entity. d) Any other cause the Purchasing Agent deems to be so serious and compelling as to affect responsibility as a City bidder. A bidder may be permanently debarred for the following causes: i. Collusion in bidding ii. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a contract or subcontract with the City of Chula Vista or in the performance of such contract or subcontract. iii. Conviction under State or Federal antitrust statutes arising out of the submission of bids or proposals. 40. Venue This agreement shall be governed by and interpreted according to the laws of the State of California, and venue for any proceeding shall be in the County of San Diego. (REV February 2021) Page 95 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda v . 0 03 P a g e | 1 January 9, 2024 ITEM TITLE Agreement: Approve an Agreement with Spicer Consulting Group, LLC to Provide Special Tax Consultant and Other Administration Services Report Number: 23-0278 Location: The Community Facilities Districts and Open Space Districts are located throughout the City. For specific locations, please see Attachment Nos. 3 and 4 Department: Finance G.C. § 84308: Yes 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 approving an agreement with Spicer Consulting Group, LLC to provide Special Tax Consultant and Other Administration Services. SUMMARY The City of Chula Vista (the "City") issued a Request for Proposal (RFP) for Special District Consulting Services, as well as administration, apportionments and related services for the City’s Delinquent Trash Fund and Delinquent Sanitation Fund; arbitrage calculations and continuing disclosure services for non-land based bonds, including future issuances that may be created throughout the term of the agreement; and continuing disclosure services related to the Bayfront Project Special Tax Financing District. Three bidders submitted proposals. After an evaluation of the proposals, a selection committee recommended Spicer Consulting Group, LLC (SCG). Staff recommends approving a three-year agreement with SCG with up to two (2) one-year extension options. 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 Page 96 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda P a g e | 2 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 has one (1) Assessment District, thirty-two (32) Community Facilities Districts, thirty-five (35) Open Space Districts, one (1) Bayfront Project Special Tax Financing District, one Sewer Assessment District, one Delinquent Trash Fund and one Delinquent Sanitation Fund. Additionally, the City has bonded debt which includes Certificates of Participation (COPs), Lease Revenue Bonds (LRBs), Tax Allocation Bonds (TABs), and Pension Obligation Bond (POBs). The City currently contracts out part of the Administration of these districts, funds, and bonded debt. On July 2023, the City issued RFP P04-2024 for Special Tax Consultant and Other Administration Services. Albert Webb, Spicer Consulting Group, LLC (SCG), and Willdan Financial Services submitted proposals in response to the RFP. The City’s Selection Committee members reviewed, scored, and discussed the firms based on the qualification of personnel, adherence of firm’s proposal to RFP guidelines, resources available to perform tasks on time and within budget, firm experience directly related to contract, and total cost and justification. After comprehensive assessment, the selection committee recommended approving the agreement with SCG to provide Special Tax Consultant and Other Administration Services including but not limited to: Community Facilities District Administration; Assessment District Administration and Apportionments; Open Space District Administration; delinquency management/monitoring and related services; administration and apportionments for the City’s Delinquent Trash and Delinquent Sanitation funds; arbitrage calculations and continuing disclosure for the City’s bonded debt; and continuing disclosure for the Bayfront Project Special Tax Financing District. Staff recommends entering into an initial three-year agreement from January 9, 2024 to December 31, 2026 with a not-to-exceed amount of $525,952 with SCG, with up to two (2) one-year options to extend for a total of five (5) years (potentially through December 31, 2028). The average annual cost of this agreement is estimated to total approximately $175,318. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found that Mayor McCann, Councilmember Gonzalez and Councilmember Chavez have real property holdings within 500 feet of the boundaries of the property which is the subject of this action, and Councilmember Preciado has real property holdings within 1,000 feet, but beyond 500 feet, which is the subject of this action. However, to the extent that any decision would have a reasonably foreseeable financial effect on the member’s real property, the effect would be nominal, inconsequential, or insignificant. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702 (b), this item does not present a real property-related conflict of interest under the Political Reform Act (Cal. Gov’t Code § 87100, et seq.). Page 97 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 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 The agreement is funded by multiple sources including the General Fund and Special Assessment Funds . Associated expenditures were included in the fiscal year 2023-24 budget. There is no additional current-year fiscal impact anticipated as a result of this action. ONGOING FISCAL IMPACT The ongoing fiscal impact is estimated at $810,160 through Year 5 of the agreement (fiscal year 2028-29), as outlined in the following summary table. Annual expenses per the agreement will be considered as part of the annual budget development process. Agreement Fiscal Year (FY) Totals FY 2024-25 $173,709 FY 2025-26 $181,572 FY 2026-27 $178,824 FY 2027-28 (Optional) $190,256 FY 2028-29 (Optional) $85,799 Agreement Total $810,160 ATTACHMENTS 1. Special Tax Consultant Services Agreement 2. RFP P04-2024 Special District Consultant 3. Community Facilities Districts within the City of Chula Vista 4. Open Space Districts within the City of Chula Vista Staff Contact: Sarah Schoen, Director of Finance/Treasurer Page 98 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT FOR SPECIAL TAX CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND SPICER CONSULTING GROUP, LLC. WHEREAS, the City has formed one Assessment District to provide funding for benefitting properties and infrastructure under the Municipal Improvement Acts of 1913 and 1915; 31 Mello-Roos Community Facilities Districts to provide funding for the construction of infrastructure or for the maintenance of open space areas in accordance with the Community Facilities Act of 1982; 35 Open Space Districts to provide funding for perpetual maintenance of common open space areas; and WHEREAS, the City has one Sewer Service Assessment District (also known as Montgomery Sewer) which is a financing mechanism for the collection of wasteware conveyance and treatment service fees for a portion of the City; and WHEREAS, the City has one Delinquent Solid Waste Fund (also known as Delinquent Trash Fund) that accounts for revenues derived from franchise fees paid to the City of Chula Vista by its authorized collector of solid waste, Republic Services, and one Delinquent Sanitation Fund (also known as Delinquent Sewer Fund) that accounts for revenues derived from services provided to parcels connected to the City’s wastewater system; and WHEREAS, the City requires a consultant to perform Special Tax Consultant and Other Administration Services ; and WHEREAS, as required by Municipal Code Section 2.56.110, a Request for Proposal (RFP) was prepared and advertised under RFP No. P04-2024, proposals were received and reviewed, and firms were ranked in accordance with selection criteria; and WHEREAS, three (3) firms responded to the RFP, Albert Webb, Spicer Consulting Group LLC, and Willdan Financial Services; and WHEREAS, the selection committee recommended awarding the contract to Spicer Consulting Group LLC; and WHEREAS, the proposed contract will utilize the services of Spicer Consulting Group, LLC to perform Special Tax Consultant and Other Administration Services ; and WHEREAS, the City also requires a consultant to perform continuing disclosure services related to the Bayfront Project Special Tax Financing District; and Page 99 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Resolution No. Page 2 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Special Tax Consultant Services Agreement between the City and Spicer Consulting Group, LLC, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Presented by Approved as to form By: Sarah Schoen Jill D.S. Maland Director of Finance Lounsbery Ferguson Altona & Peak Acting City Attorney Page 100 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 1 City of Chula Vista Agreement No.: 2023-1781 Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH SPICER CONSULTING GROUP, LLC (SCG) TO PROVIDE SPECIAL TAX CONSULTANT AND OTHER ADMINISTRATION SERVICES This Agreement is entered into effective as of January 9, 2024 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and SPICER CONSULTING GROUP, LLC (SCG), a California Limited Liability Company) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City has formed one Assessment District to provide funding for benefitting properties and infrastructure under the Municipal Improvement Acts of 1913 and 1915; 31 Mello-Roos Community Facilities Districts to provide funding for the construction of infrastructure or for the maintenance of open space areas in accordance with the Community Facilities Act of 1982; and 35 Open Space Districts to provide funding for perpetual maintenance of common open space areas; and WHEREAS, the City has one Sewer Service Assessment District (also known as Montgomery Sewer) which is a financing mechanism for the collection of wasteware conveyance and treatment service fees for a portion of the City; and WHEREAS, the City has one Delinquent Solid Waste Fund (also known as Delinquent Trash Fund) that accounts for revenues derived from franchise fees paid to the City of Chula Vista by its authorized collector of solid waste, Republic Services, and one Delinquent Sanitation Fund (also known as Delinquent Sewer Fund) that accounts for revenues derived from services provided to parcels connected to the City’s wastewater system; and WHEREAS, the City requires a consultant to perform Special Tax Consultant and Other Administration Services ; and WHEREAS, as required by Municipal Code Section 2.56.110, a Request for Proposal (RFP) was prepared and advertised under RFP No. P04-2024, proposals were received and reviewed, and firms were ranked in accordance with selection criteria; and WHEREAS, three (3) firms responded to the RFP, Albert Webb, Spicer Consulting Group LLC, and Willdan Financial Services; and WHEREAS, the selection committee recommended awarding the contract to Spicer Consulting Group LLC; and WHEREAS, the proposed contract will utilize the services of Spicer Consulting Group, LLC to perform Special Tax Consultant and Other Administration Services ; 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.] Page 101 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 2 City of Chula Vista Agreement No.: 2023-1781 Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23 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 5 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and Page 102 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 3 City of Chula Vista Agreement No.: 2023-1781 Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 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 Page 103 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 4 City of Chula Vista Agreement No.: 2023-1781 Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23 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 Page 104 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 5 City of Chula Vista Agreement No.: 2023-1781 Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23 “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 timely and fully protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any 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 Page 105 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 6 City of Chula Vista Agreement No.: 2023-1781 Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23 obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of 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 and fees City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 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 all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to Page 106 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 7 City of Chula Vista Agreement No.: 2023-1781 Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23 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 Vis ta 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 re quest 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 Page 107 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 8 City of Chula Vista Agreement No.: 2023-1781 Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23 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. 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, Page 108 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 9 City of Chula Vista Agreement No.: 2023-1781 Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23 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.) Page 109 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 10 City of Chula Vista Agreement No.: 2023-1781 Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23 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. SPICER CONSULTING GROUP, LLC (SCG) CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Shane Spicer JOHN MCCANN Managing Director MAYOR ATTEST BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: _______________________________ Jill D.S.Maland Lounsbery Ferguson Altona & Peak Acting City Attorney Page 110 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 11 City of Chula Vista Agreement No.: 2023-1781 Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23 EXHIBITS A – Scope of Work and Payment Terms B – Insurance Requirements C – Consultant Conflict of Interest Designation D – Fixed Fee Schedule Page 111 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 12 City of Chula Vista Agreement No.: 2023-1781 Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Patricia Macias 276 Fourth Avenue Chula Vista, CA 91910 619-407-3565 pmacias@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: SPICER CONSULTING GROUP, LLC (SCG) 41880 Kalmia Street, Suite 145, Murrieta CA 92562 (951) 208-7870 Shane.spicer@spicercg.com For Legal Notice Copy to: Spicer Consulting Group, LLC Shane Spicer, Managing Director 41880 Kalmia Street, Suite 145, Murrieta CA 92562 Shane.spicer@spicercg.com 2. Required Services A. General Description: To provide Special Tax Consultant and Other Administration Services including but not limited to: Community Facilities District administration; Assessment District administration and apportionments; Open Space District administration; delinquency management/monitoring and related services; administration, apportionments and related services for the City’s Delinquent Trash and Delinquent Sanitation funds; arbitrage calculations and continuing disclosure for the City’s bonded debt; and continuing disclosure for the Bayfront Project Special Tax Financing District. B. Detailed Description: Scope of Work Assessment Districts (ADs) • Apportion of tax lien for each parcel within the assessment district according to the method of spread in the Engineer’s Report; Page 112 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 13 City of Chula Vista Agreement No.: 2023-1781 Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23 • Attend City Council meetings with AD-related items; • Provide assessment installment information for each parcel for submittal in a timely manner to the County of San Diego for placement on the property tax roll. The information shall be submitted on the media, format, and configuration specified by the Count y; • Research and resubmit entries rejected by the County on behalf of the City; • Provide staffing and contact information to field inquiries concerning Assessment District administration, assessments, payoff calculation, and other information regarding district proceedings and annual installments for propert y owners, title companies and other interested parties; • Prepare an annual lev y report summarizing the information used to calculate the annual installment amount for the district, including a list of all Assessor Parcel Numbers; • Prepare and record the amended assessment diagrams that result from lot splits or subdivision; • Provide support to City staff in researching current and historical tax roll information, ownership, payoff calculation, delinquency notices and delinquent status from the County tax system; • Prepare continuing disclosure reports and event notices for City staff review, as required b y district disclosure agreements and SEC Rule 15c2-12, and disseminate approved documents to the Electronic Municipal Market Access (EMMA); • Provide support to City staff to maintain compliance with the requirements of State of California Revenue and Taxation Code 163; • Perform required bond call spreads in accordance with applicable state laws and coordinate the early redemption of outstanding bonds as needed; • Provide certification related to specific escrow release tests on as needed basis; • Assist City staff in delinquency management b y closely monitoring outstanding district delinquencies, and provide periodic reports to the City presenting aging and current statuses of all delinquent installments; • Provide Arbitrage Calculations at least every five years for each bond issue as well as a final computation on the date on which the last maturity of a bond issue is retired; • Provide Asset Management Services including the ability to estimate future capital asset replacement, as required by staff; • Assist City with new Assessment District formations; and • All other special projects as deemed necessary, including but not limited to refunding anal ysis. Community Facilities Districts (CFDs) – Bonded • Review the special tax schedules prepared by the City and ensure that all debt service and administrative expenses are recovered through the annual special tax levies; • Calculate the annual special tax levy for each parcel within the CFD following the guidelines established in the Rate and Method of Apportionment of Special Tax; • Attend City Council meetings with CFD-related items; • Prepare comprehensive special tax installment information for each parcel for submittal in a timely manner to the Count y of San Diego for placement on the propert y tax roll. This information shall be submitted on the media, format, and configuration specified by the Count y; • Research and resubmit entries rejected by the County on behalf of the City; • Provide staffing and contact information to field inquiries concerning CFD administration, annual special taxes, pa yoff calculation, and other information regarding district proceedings and annual installments for propert y owners, title companies and other interested parties; Page 113 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 14 City of Chula Vista Agreement No.: 2023-1781 Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23 • Prepare an annual lev y report summarizing the information used to calculate the annual installment amount for the districts, including a list of all Assessor Parcel Numbers; • Assist City staff with proper disclosure of special tax information for prospective propert y purchases as required by Sections 53340.2(b) and 53341.5 of the State of California Government Code; • Prepare continuing disclosure reports and event notices for City staff review, as required by district disclosure agreements and SEC Rule 15c2-12, and disseminate approved documents to the Electronic Municipal Market Access (EMMA); • Perform tasks associated with CFD administration, including but not limited to bond call coordination, release of lien, delinquenc y reporting, foreclosure coordination, and annexation; • Assist City staff in providing information to bond rating agencies when needed; • Assist in maintaining current and future CFD law and regulation compliance and notify City staff of an y pertinent changes in CFD law and regulations; • Provide certification related to specific escrow release tests on as needed basis; • Assist City staff in delinquency management b y closely monitoring outstanding district delinquencies, and provide periodic reports to the City presenting aging and current statuses of all delinquent installments; • Provide Arbitrage Calculations at least every five years for each bond issue as well as a final computation on the date on which the last maturity of a bond issue is retired; • Provide Asset Management Services including the ability to estimate future capital asset replacement, as requested by staff; • All other special projects as deemed necessary, including but not limited to new district formation, tax rate projection, and refunding anal ysis. Community Facilities Districts (CFDs) – Maintenance (Non-Bonded) • Calculate the annual special tax levy for each parcel within the CFD following the guidelines established in the Rate and Method of Apportionment of Special Tax; • Attend City Council meetings with CFD-related items; • Prepare comprehensive special tax installment information for each parcel for submittal in a timely manner to the County of San Diego for placement on the propert y tax roll. The information shall be submitted on the media, format, and configuration specified by the Count y; • Research and resubmit entries rejected by the County on behalf of the City; • Provide staffing and contact information to field inquiries concerning CFD administration, annual special taxes, and other information regarding district proceedings and annual installments for propert y owners, title companies and other interested parties; • Prepare an annual lev y report summarizing the information used to calculate the annual installment amount for the districts, including a list of all Assessor Parcel Numbers; • Assist City staff with proper disclosure of assessment information for prospective propert y purchases as required by Sections 53340.2(b) and 53341.5 of the State of California Government Code; • Provide annexation services to all subject developments, boundary map recordation, annexation proceedings, such as public hearing and owner election, and Preparation of rates and Method of Apportionment for annexations, data collection, etc.; • Administration and assistance with compliance requirements; • Provide Asset Management Services including the ability to estimate future capital asset replacement, as requested by staff; Page 114 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 15 City of Chula Vista Agreement No.: 2023-1781 Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23 • Assist City with new District formations; and • All other special projects as deemed necessary, including but not limited to revenue projection and cash flow forecast. Open Space Maintenance Districts (OSDs) • Obtain thorough understanding of the Cit y’s OSD establishment, their boundaries, Parcels and particularities; • Review all documentation, databases, and budgets prior to preparing lev y analysis, in order to ensure total and complete equit y of assessments within each district; • Prepare complete documentation for annual assessment, including Engineer’s Reports and maps; • Attend City Council meetings with OSD-related items; • Provide comprehensive assessment installment information for each parcel and submit in a timely manner to the Count y of San Diego for placement on the propert y tax roll. The information shall be submitted on the media, format and configuration specified by the Count y; • Research and resubmit entries rejected b y the County on behalf of the City; • Provide staffing and contact information to field inquiries concerning OSD administration, annual assessments, and other information regarding district proceedings and annual installments for propert y owners, title companies and other interested parties; • Prepare an annual levy report summarizing the information used to calculate the annual installment amount for the districts, including a list of all Assessor Parcel Numbers; • Provide Asset Management Services including the ability to estimate future capital asset replacement, as requested by staff, and • Complete all reports on OSD required by the state and federal agencies. Montgomery Sewer District • Obtain thorough understanding of the Montgomery Sewer District, its boundaries, Parcels, and particularities of the district; • Review all documentation, databases, and budgets prior to preparing lev y analysis, in order to ensure total and complete equit y of assessments the district; • Work with water agencies and download data from them to determine usage; • Update sewer and meter rate tables with rate updates from the prior year; • Match new accounts to APNs (usually around 2 dozen new accounts/per year); • Run initial assessment, and research zero ($0) assessment parcels; • Provide database/workbook to City Finance Staff to perform second levy check; • Attend City Council meetings with Montgomery Sewer-related items; • Provide comprehensive assessment installment information for each parcel and submit in a timely manner to the County of San Diego for placement on the property tax roll. The information shall be submitted on the media, format and configuration specified by the County; • Research and resubmit entries rejected b y the County on behalf of the City; • Provide staffing and contact information to field inquiries concerning the district administration, annual assessments, and other information regarding district proceedings and annual installments for propert y owners, title companies and other interested parties; • Prepare an annual lev y report summarizing the information used to calculate the annual installment amount for the districts, including a list of all Assessor Parcel Numbers; and • Complete all reports on the district required by the state and federal agencies. Page 115 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 16 City of Chula Vista Agreement No.: 2023-1781 Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23 Delinquent Solid Waste Fund (Delinquent Trash Fund) • Establish lines of communication and gain understanding of the specific goals, components and criteria to meet the City’s, Program’s and Delinquent Trash fund’s needs; • Review all documentation, databases, and budgets prior to preparing levy analysis, in order to ensure total and complete equity of assessments in the Delinquent Trash fund; • Maintain a comprehensive database of the Delinquent Tash fund and Parcel information in a form such that the annual levy submission to San Diego County will meet the guidelines as outlined in the County’s fixed charge submission packet; • Attend City Council meetings with Delinquent Trash-related items; • Provide comprehensive assessment installment information for each parcel and submit in a timely manner to the County of San Diego for placement on the property tax roll; • Maintain all data related to individual parcels, such as assessment information, regularly updated delinquency history, current property ownership information, contact information, assessed valuation information; • Determine the levy requirements for each fiscal year; • Prepare the annual levy for the program in a format and media acceptable for the County of San Diego prior to the requested deadline; • Perform adjustments and corrections to the levies as necessary, even after the deadline to submit in order to rectify any issues; • Maintain current Assessor’s parcel maps, updating at least annually and prior to the current year’s levy; • Research exceptions lists from the County, update parcel number changes in the database and calculate benefit assessment area as well as reporting the revised parcels and levy amounts to City staff; • Prepare additionally required correspondences relating to the submittal, correction, removal of levy to the County tax roll; • Provide City with hard copy and electronic copy of the Annual Levy Report, containing information used to calculate the annual installment amount for each parcel as well as the summary of the total annual levy amount; if applicable • Complete all reports on the Delinquent Trash fund required by the state and federal agencies; • Serve as initial and primary point of contact for property owners, title companies and other interested parties regarding the Delinquent Trash fund and annual installments. Delinquent Sanitation Fund (Delinquent Sewer Fund) • Establish lines of communication and gain understanding of the specific goals, components and criteria to meet the City’s needs, and the Program’s and Special District’s needs; • Review all documentation, databases, and budgets prior to preparing levy analysis, in order to ensure total and complete equity of assessments in the Delinquent Sewer fund; Page 116 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 17 City of Chula Vista Agreement No.: 2023-1781 Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23 • Maintain a comprehensive database of the District and Parcel information in a form such that the annual levy submission to San Diego County will meet the guidelines as outlined in the County’s fixed charge submission packet; • Attend City Council meetings with Delinquent Sanitation-related items; • Provide comprehensive assessment installment information for each parcel and submit in a timely manner to the County of San Diego for placement on the property tax roll; • Maintain all data related to individual parcels, such as assessment information, regularly updated delinquency history, current property ownership information, contact information, assessed valuation information; • Determine the levy requirements for each fiscal year; • Prepare the annual levy for the program in a format and media acceptable for the County of San Diego prior to the requested deadline; • Perform adjustments and corrections to the levies as necessary, even after the deadline to submit in order to rectify any issues; • Maintain current Assessor’s parcel maps, updating at least annually and prior to the current year’s levy; • Research exceptions lists from the County, update parcel number changes in the database and calculate benefit assessment area as well as reporting the revised parcels and levy amounts to City staff; • Prepare additionally required correspondences relating to the submittal, correction, removal of levy to the County tax roll; • Provide the City with hard copy and electronic copy of the Annual Report, containing information used to calculate the annual installment amount for each parcel as well as the summary of the total annual levy amount; if applicable; • Complete all reports on the Delinquent Sewer fund required by the state and federal agencies; • Serve as the initial and primary point of contact for property owners, title companies and other interested parties regarding the Delinquent Sewer fund and annual installments. Non-Land Based Bonds • Prepare continuing disclosure reports and event notices for City staff review, as required by the bond indenture and SEC Rule 15c2-12., and disseminate approved documents to the Electronic Municipal Market Access (EMMA); • Provide Arbitrage Calculations at least every five years for each bond issue as well as a final computation on the date on which the last maturity of a bond issue is retired. Bayfront Project Special Tax Financing District • Prepare continuing disclosure reports, as required by State Bill 165 and Assembly Bill 2109; • Administration and assistance with compliance requirements as needed. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin January 9, 2024and end on December 31, 2026 for completion of all Required Services. 4. Compensation: A. Form of Compensation Page 117 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 18 City of Chula Vista Agreement No.: 2023-1781 Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23 ☒ Single Fixed Fee. For performance of the Required Services by Consultant as herein required, City shall pay a single fixed fee per service, upon completion of each service to the City’s satisfaction, as identified in Exhibit D attached and hereby incorporated into the Agreement. 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 December 31, 2026 shall not exceed $525,952.00. 5. Special Provisions: ☐ Permitted Sub-Consultants: None ☐ Security for Performance: None ☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for two (2) additional one year terms, or January 1, 2027 through December 31, 2027 and January 1, 2028 through December 31, 2028. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein and at the amounts identified in Exhibit D for each extension term. The City shall give written notice to Consultant of the City’s election to exercise each extension via the Notice of Exercise of Option to Extend document. Page 118 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 19 City of Chula Vista Agreement No.: 2023-1781 Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23 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 Page 119 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 20 City of Chula Vista Agreement No.: 2023-1781 Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23 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 Shane Spicer Jonathan Short Shane.spicer@spicercg.com Jonathan.short@spicercg.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: Patricia Macias 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). Page 120 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Description Quote/Cost Daily cost 1/1/2024 6/30/2024 Average Invoiced Monthly Total No. of Days FY 7/1 Increase AD's 4,320$ 11.87$ 358$ 2,148$ CFD's Bonded 41,470$ 113.93$ 3,437$ 20,621$ CFD's Maint 36,820$ 101.15$ 3,051$ 18,309$ Sewer 4,320$ 11.87$ 358$ 2,148$ OSDs 49,610$ 136.29$ 4,111$ 24,669$ City Delinq 5,700$ 15.66$ 472$ 2,834$ 70,729$ Description Quote/Cost Daily cost 1/1/2024 6/30/2024 Invoiced Yearly Total Non-Land 19,800$ N/A 19,800$ 19,800$ Bayfront District 1,500$ N/A 1,500$ 1,500$ 1-Year Arbitrage 500$ N/A 500$ 500$ 5-Year Arbitrage 2,500$ N/A -$ -$ 21,800$ Description Quote/Cost Daily cost 7/1/2024 12/31/2024 Average Invoiced Monthly Total No. of Days FY 7/1 Increase AD's 11.87$ 373$ 2,237$ CFD's Bonded 113.93$ 3,579$ 21,474$ CFD's Maint 101.15$ 3,178$ 19,066$ Sewer 11.87$ 373$ 2,237$ OSDs 136.29$ 4,282$ 25,690$ City Delinq 15.66$ 492$ 2,952$ 73,656$ Description Quote/Cost Daily cost 7/1/2024 12/31/2024 Invoiced Yearly Total Non-Land N/A -$ -$ Bayfront District N/A -$ -$ 1-Year Arbitrage N/A -$ -$ 5-Year Arbitrage N/A 2,575$ 2,575$ 2,575$ Total Year 1:168,760.32$ -$ 2,575$ 2,237$ 25,690$ 2,952$ -$ -$ For the Period of 7/01/2024 through 12/31/2024 183 3% 2,237$ 21,474$ 19,066$ 19,800$ 1,500$ 500$ -$ 2,148$ 20,621$ 18,309$ 2,148$ 24,669$ 2,834$ Exhibit D Fixed Fee Schedule Special Tax Consultant and Other Administration Services (Year 1) For the Period of 01/01/2024 through 06/30/2024 181 0% Page 121 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Description Quote/Cost Daily cost 1/1/2025 6/30/2025 Average Invoiced Monthly Total No. of Days FY 7/1 Increase AD's 12.22$ 367$ 2,200$ CFD's Bonded 117.35$ 3,520$ 21,122$ CFD's Maint 104.19$ 3,126$ 18,754$ Sewer 12.22$ 367$ 2,200$ OSDs 140.38$ 4,211$ 25,268$ City Delinq 16.13$ 484$ 2,903$ 72,449$ Description Quote/Cost Daily cost 1/1/2025 6/30/2025 Invoiced Yearly Total Non-Land 20,394$ 20,394$ Bayfront District 1,545$ 1,545$ 1-Year Arbitrage 515$ 515$ 5-Year Arbitrage 2,575$ 2,575$ 25,029$ Description Quote/Cost Daily cost 7/1/2025 12/31/2025 Average Invoiced Monthly Total No. of Days FY 7/1 Increase AD's 12.22$ 384$ 2,304$ CFD's Bonded 117.35$ 3,686$ 22,119$ CFD's Maint 104.19$ 3,273$ 19,638$ Sewer 12.22$ 384$ 2,304$ OSDs 140.38$ 4,410$ 26,460$ City Delinq 16.13$ 507$ 3,040$ 75,866$ Description Quote/Cost Daily cost 7/1/2025 12/31/2025 Invoiced Yearly Total Non-Land -$ -$ Bayfront District -$ -$ 1-Year Arbitrage -$ -$ 5-Year Arbitrage 7,957$ 7,957$ 7,957$ Total Year 2:181,300$ -$ -$ -$ 7,957$ 2,304$ 22,119$ 19,638$ 2,304$ 26,460$ 3,040$ 515$ 2,575$ For the Period of 7/01/2025 through 12/31/2025 183 3% 2,200$ 25,268$ 2,903$ 20,394$ 1,545$ For the Period of 1/01/2025 through 6/30/2025 180 0% 2,200$ 21,122$ 18,754$ Exhibit D (Continued) Fixed Fee Schedule (Continued) Special Tax Consultant and Other Administration Services (Year 2) Page 122 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Description Quote/Cost Daily cost 1/1/2026 6/30/2026 Average Invoiced Monthly Total No. of Days FY 7/1 Increase AD's 12.59$ 378$ 2,266$ CFD's Bonded 120.87$ 3,626$ 21,756$ CFD's Maint 107.31$ 3,219$ 19,317$ Sewer 12.59$ 378$ 2,266$ OSDs 144.59$ 4,338$ 26,026$ City Delinq 16.61$ 498$ 2,990$ 74,622$ Description Quote/Cost Daily cost 1/1/2026 6/30/2026 Invoiced Yearly Total Non-Land 21,006$ 21,006$ Bayfront District 1,591$ 1,591$ 1-Year Arbitrage 530$ 530.45$ 5-Year Arbitrage 2,652$ -$ -$ 23,128$ Description Quote/Cost Daily cost 7/1/2026 12/31/2026 Average Invoiced Monthly Total No. of Days FY 7/1 Increase AD's 12.59$ 396$ 2,373$ CFD's Bonded 120.87$ 3,797$ 22,782$ CFD's Maint 107.31$ 3,371$ 20,228$ Sewer 12.59$ 396$ 2,373$ OSDs 144.59$ 4,542$ 27,254$ City Delinq 16.61$ 522$ 3,131$ 78,142$ Description Quote/Cost Daily cost 7/1/2026 12/31/2026 Invoiced Yearly Total Non-Land -$ -$ Bayfront District -$ -$ 1-Year Arbitrage -$ -$ 5-Year Arbitrage 2,652$ -$ -$ -$ Total Year 3:175,891$ -$ -$ 2,373$ 27,254$ 3,131$ -$ -$ For the Period of 7/01/2026 through 12/31/2026 183 3% 2,373$ 22,782$ 20,228$ 21,006$ 1,591$ 530$ -$ 2,266$ 21,756$ 19,317$ 2,266$ 26,026$ 2,990$ Exhibit D (Continued) Fixed Fee Schedule (Continued) Special Tax Consultant and Other Administration Services (Year 3) For the Period of 1/01/2026 through 6/30/2026 180 0% Page 123 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Description Quote/Cost Daily cost 1/1/2027 6/30/2027 Average Invoiced Monthly Total No. of Days FY 7/1 Increase AD's 12.97$ 389$ 2,334$ CFD's Bonded 124.49$ 3,735$ 22,409$ CFD's Maint 110.53$ 3,316$ 19,896$ Sewer 12.97$ 389$ 2,334$ OSDs 148.93$ 4,468$ 26,807$ City Delinq 17.11$ 513$ 3,080$ 76,861$ Description Quote/Cost Daily cost 1/1/2026 6/30/2026 Invoiced Yearly Total Non-Land 21,636$ 21,636$ Bayfront District 1,639$ 1,639$ 1-Year Arbitrage 546$ 546.36$ 5-Year Arbitrage 2,732$ -$ -$ 23,821$ Description Quote/Cost Daily cost 7/1/2027 12/31/2027 Average Invoiced Monthly Total No. of Days FY 7/1 Increase AD's 12.97$ 407$ 2,444$ CFD's Bonded 124.49$ 3,911$ 23,466$ CFD's Maint 110.53$ 3,472$ 20,834$ Sewer 12.97$ 407$ 2,444$ OSDs 148.93$ 4,679$ 28,072$ City Delinq 17.11$ 538$ 3,225$ 80,486$ Description Quote/Cost Daily cost 7/1/2027 12/31/2027 Invoiced Yearly Total Non-Land -$ -$ Bayfront District -$ -$ 1-Year Arbitrage -$ -$ 5-Year Arbitrage 2,732$ 5,628$ 5,628$ 5,628$ Total Year 4:186,796$ -$ -$ -$ -$ 2,444$ 23,466$ 20,834$ 2,444$ 28,072$ 3,225$ 546$ -$ For the Period of 7/01/2027 through 12/31/2027 183 3% 2,334$ 26,807$ 3,080$ 21,636$ 1,639$ For the Period of 1/01/2027 through 6/30/2027 180 0% 2,334$ 22,409$ 19,896$ Exhibit D (Continued) Fixed Fee Schedule (Continued) Special Tax Consultant and Other Administration Services (Optional Extension: Year 4) Page 124 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Description Quote/Cost Daily cost 1/1/2028 6/30/2028 Average Invoiced Monthly Total No. of Days FY 7/1 Increase AD's 13.36$ 403$ 2,418$ CFD's Bonded 128.23$ 3,868$ 23,209$ CFD's Maint 113.85$ 3,434$ 20,607$ Sewer 13.36$ 403$ 2,418$ OSDs 153.40$ 4,627$ 27,765$ City Delinq 17.62$ 532$ 3,190$ 79,606$ Description Quote/Cost Daily cost 1/1/2028 6/30/2028 Invoiced Yearly Total Non-Land 22,285$ 22,285$ Bayfront District 1,688$ 1,688$ 1-Year Arbitrage 563$ 562.75$ 5-Year Arbitrage 2,814$ -$ -$ 24,536$ Description Quote/Cost Daily cost 7/1/2028 12/31/2028 Average Invoiced Monthly Total No. of Days FY 7/1 Increase AD's 13.36$ 420$ 2,518$ CFD's Bonded 128.23$ 4,028$ 24,170$ CFD's Maint 113.85$ 3,577$ 21,460$ Sewer 13.36$ 420$ 2,518$ OSDs 153.40$ 4,819$ 28,914$ City Delinq 17.62$ 554$ 3,322$ 82,901$ Description Quote/Cost Daily cost 7/1/2028 12/31/2028 Invoiced Yearly Total Non-Land -$ -$ Bayfront District -$ -$ 1-Year Arbitrage -$ -$ 5-Year Arbitrage 2,814$ 2,898$ 2,898$ 2,898$ Total Year 5:189,941$ -$ -$ 2,518$ 28,914$ 3,322$ -$ -$ For the Period of 7/01/2028 through 12/31/2028 183 3% 2,518$ 24,170$ 21,460$ 22,285$ 1,688$ 563$ -$ 2,418$ 23,209$ 20,607$ 2,418$ 27,765$ 3,190$ Exhibit D (Continued) Fixed Fee Schedule (Continued) Special Tax Consultant and Other Administration Services (Optional Extension: Year 5) For the Period of 1/01/2028 through 6/30/2028 181 0% Page 125 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 1 | Page THE CITY OF CHULA VISTA REQUEST FOR PROPOSAL RFP P04-2024 Notice is hereby given that proposals will be received until 12:00 P.M. on Wednesday, September 6, 2023 Pacific Standard Time (PST), furnishing the City of Chula Vista with: Special District Consultant Services Prospective respondents are hereby referred to the proposal instructions, general provisions, and terms and conditions contained in this request for proposal. All proposals must be submitted through PlanetBids by the due date and time. Late proposals will not be considered. Tentative RFP Schedule (Subject to change at City’s discretion) Questions related to the proposal must be submitted through PlanetBids and must be received by 12:00 pm, Wednesday August 9, 2023. Answers will be uploaded to PlanetBids no later than 5:00 pm, Wednesday, August 16, 2023. The City reserves the right to reject any or all proposals received any portion of any proposal and to waive any irregularities or informalities in proposals or the RFP process. Any addenda that are issued through this RFP must be signed and returned with your submittal. Victor De La Cruz Procurement Services Analyst Activity Date RFP Posted to PlanetBids July 28, 2023 Question Submittal through PlanetBids August 9, 2023 by 12:00 pm Response to Questions from City Due August 16, 2023 by 5:00 pm RFP Response and Proposal Due September 6, 2023 by 12:00 pm RFP Evaluations Completed September 22, 2023 Presentation /Interviews September 26&27, 2023 Consultant Selection September 28, 2023 Council Approval October 10, 2023 Consultant Award October 10, 2023 Page 126 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 2 | Page Objective The City of Chula Vista ("the City") is soliciting proposals from qualified firms to provide Special District Consulting Services (Community Facilities District Administration; Assessment District Administration and Apportionments; Open Space District Administration; Delinquency Management/monitoring; and related services) for one (1) Assessment District, thirty-one (31) Community Facilities Districts, thirty-five (35) Open Space Districts , one Sewer Assessment District within the City of Chula Vista (See tables 1, 2, 3, 4, and 5 for current districts), as well as administration, apportionments and related services for the City’s Delinquent Trash fund and Delinquent Sanitation fund. Additionally, the Consultant will provide arbitrage calculations and continuing disclosure services for Bonds such as Certificates of Participation (COP’s), Lease Revenue Bonds (LRB’s), Tax Allocation Bonds (TABs), Pension Obligation Bonds (POB’s), and other future issuances that may be created throughout the term of the agreement. The Consultant will also provide continuing disclosure services related to the Bayfront Project Special tax Financing District: The contract will be for an initial period of three (3) years and may be extended for two (2) additional one (1) year options that will extend for up to a total of five (5) years. If your firm is interested and qualified, please upload your response through PlanetBids. Please provide the electronic copy as a PDF (not a scanned PDF). All items must be received no later than 12:00 PM on Wednesday, September 6, 2023. Background The Assessment District was formed under the Municipal Improvement Act of 1913 and bonds issued pursuant to the Improvement Bond Act of 1915 (Division 10 of the Streets and Highways Code), refunded initially under the Refunding Act of 1984 for 1915 Improvement Act Bonds (Division 11.5 of the Streets and Highways Code), and later refunded under the Marks-Roos Local Bond Pooling Act of 1985 (Title 1, Division 7, Chapter 5, Article 4 of the California Government Code.) The Community Facilities Districts were formed under the Mello-Roos Community Facilities Act of 1982. Eighteen (18) of these districts (CFDs 97-1A, 97-1B, 97-2, 98-3, 99-2, 07M IA1, 07M IA2, 08M IA1, 08M IA2, 09M, 11M, 12M IA1, 12M IA2, 13M, 14M IA1, 14M IA2, 18M and 19M) provide funds for the maintenance of open space or preserve areas. One district (CFD 97-3) is an acquisition district for the construction of public improvements. Fourteen (14) districts (CFDs 99-1, 2000-1, 2001-1, 2001-1B, 2001- 2, 06IA, 06IB, 07I(2004), 07I (2006), 08I, 12I, 16IA, 16IB and 13I) involve bond issues and provide funds for the construction of backbone streets and associated improvements, Public Facilities Development Impact Fee (PFDIF) improvements, and pedestrian bridges. The Open Space Districts were formed under the Landscaping and Lighting Act of 1972 (Division 15, Part 2 of the California Streets and Highways Code.) Page 127 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 3 | Page The Montgomery Sewer District is a financing mechanism for the collection of wastewater conveyance and treatment service fees for a portion of the City. For Fiscal year 2022/2023, the district levied 3,766 parcels for $3.8M. The Solid Waste fund accounts for revenues derived from franchise fees paid to the City of Chula Vista by its authorized collector of solid waste, Republic Services. The accumulation, storage, collection, transportation, processing and disposal of solid waste is a matter of public concern. Accordingly, the minimum weekly collection of solid waste from all residences and places of business in the City is a mandatory service and shall not be discontinued. All owners and occupants of premises within the City shall be responsible for paying solid waste service rates charged by the City or its authorized collector. Republic Services issues bills customers in varying cycles on a bi-monthly schedule. Republic Services pays the City its franchise fee on a monthly basis. The Sewer fund accounts for revenues derived from services provided to parcels connected to the City’s wastewater system. The City builds, operates and contracts for public sewers and wastewater facilities, which serve homes, industries and commercial establishments. The owner or occupant of any parcel of real property which is connected to the sewer system of the City and to a water system maintained by the Sweetwater Authority, the Otay Water District or the California – American Water Company shall pay the required sewer service charges. For parcels serviced by the Otay Water District, sewer billing is included with their water bills. For parcels serviced by the Sweetwater Authority, the City bills the account holder directly. For parcels in the Montgomery Sewer Assessment District, sewer billing is included in the County property tax roll. Bayfront was formed in 2019 for the purpose of financing certain public and private improvements and providing maintenance and services to serve the Chula Vista Bayfront Project. This includes the financing of a Convention Center Facility, and other certain public and/or private improvements. A loan agreement was signed on May 26, 2022 between the Bayfront Project Special Tax Financing District, Chula Vista Bayfront Facilities Financing Authority and Wilmington Trust, N.A. This loan is known as the “Bayfront Project Special Tax Financing District Public Infrastructure Loan” and totaled $104,415,870.71 at the date of said agreement. Page 128 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 4 | Page Table 1: Current Assessment District Assessment District No. Refinancing District No. Name Original Principal (Mil$) Type 97-2 2005-2/2015- 1 Otay Ranch Village I $4.4 Construction Table 2: Current Bonded (Infrastructure) Community Facilities Districts Community Facilities District No. Name Original Principal (Mil$) 97-3 Otay Ranch McMillin Acquisition 11.8 99-1 Otay Ranch Spa I (Series A bonds) 23.0 2000-1 Sunbow II Villages 5-10 7.4 2001-1 San Miguel Ranch (Area A & Area B) 19.4 2001-2 McMillin Otay Ranch Village 6 9.2 06-I Eastlake Woods, Vistas & Land Swap (Area A & Area B) 39.0 07-I Otay Ranch Village 11 (2004) 28.0 07-I Otay Ranch Village 11 (2006) 17.0 08-I Otay Ranch Village 6 18.5 12-I McMillin Otay Ranch Village 7 22.6 13-I Otay Ranch Village 7 and Village 2 16.6 16-I Millenia (Improvement Area 1 & Ara 2) 23.5 Page 129 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 5 | Page Table 3: Current Non-Bonded Maintenance (Perpetual) Community Facilities Districts Community Facilities District No. Name 97-1 Open Space Maintenance District (Otay Ranch - SPA One, Villages 1 & 5) (Area A and Area B) 97-2 Preserve Maintenance District 98-3 Open Space Maintenance District No. 35 (Sunbow II) 99-2 Otay Ranch Spa One - Village 1 West 07M Eastlake Woods, Vistas (Area A) & Land Swap (Area B) 08M McMillin Otay Ranch Village 6 (Area A and Area B) 09M Village 11 - Otay Ranch Brookfield Shea 11M Rolling Hills Ranch Neighborhoods 9-12 12M Otay Ranch Village 7 (Area 1 and Area 2) 13M Otay Ranch Village 2 14M Otay Ranch A & B - Eastern Urban Center Millenia & Eastern Urban Center Millenia Parks 18M Otay Ranch Village 3 19M Freeway Commercial 2 (Planning Area 12) Page 130 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 6 | Page Table 4: Current Open Space Districts Open Space District Name 1 El Ranch Del Rey 1-4 2 Lark Haven 3 Rancho Robinhood Units 1 & 2 4 Bonita Ridge 5 South Bay Villas 6 Hilltop Vista 7 Zenith Units 2, 3, 4 8 Rancho Robinhood Unit 3 9 El Rancho Del Rey 10 El Rancho Del Rey 6, Casa Del Rey 11 Hidden Vista Village 14 Bonita Long Canyon 15 Bonita Haciendas 17 Bel Air Ridge 18 Rancho Del Sur 20 Zone 1 Desilting Basin at East H Street 20 Zone 2 Rice Canyon Trail Area 20 Zone 3 East H Street 20 Zone 4 SPA I Phase 1 (Business Center) 20 Zone 5 SPA Phases 2-6 20 Zone 6 SPA 2 20 Zone 7 SPA 3 20 Zone 8 Desilting Basin at Glen Abbey 20 Zone 9 Telegraph Canyon Channel (SPA 3 Area) 23 Otay Rio Business Park 24 Canyon View Homes 26 Park Bonita 31 Telegraph Canyon Estates ELMD Zone A Eastlake 1 ELMD Zone B Eastlake Greens ELMD Zone C Olympic Training Center ELMD Zone D Salt Creek 1 ELMD Zone E Telegraph Canyon Channel Bay Blvd Bay Boulevard Maintenance District Town Centre Property Based Improvement District (PBID) Page 131 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 7 | Page Table 5: Sewer Assessment District Name Number of Parcels (FY23) Amount levied in FY23 (Mil$) Montgomery Sewer Assessment District 3,766 3.8 Table 6: Non-Land Based Bonds Name Number of Parcels (FY23) Original Amount issued (Mil$) 2014 Refunding COP N/A 45.9 2015 Refunding COP N/A 34.3 2016 Refunding COP N/A 8.6 2016 LRRB N/A 25.9 2017 LRB N/A 61.4 2017A LRB N/A 12.0 2017B LRB N/A 1.1 2021 POB N/A 350.0 2016 TARB N/A 29.3 Table 7: City Delinquent Funds Name Number of Parcels (FY24) Estimate Amount levied Delinquent Trash Fund 759 $517,583.60 Delinquent Sanitation Fund 268 $432,262.30 Table 8: Bayfront Districts Name Number of Parcels (FY23) Amount levied in FY23 (Mil$) Bayfront Project Special tax Financing District 2 5.5% of rent collected Page 132 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 8 | Page Scope of Work Assessment District Administration and Apportionment Services The City currently has 1 Assessment District (AD). • Apportion of tax lien for each parcel within the assessment district according to the method of spread in the Engineer’s Report; • Provide assessment installment information for each parcel for submittal in a timely manner to the County of San Diego for placement on the property tax roll. The information shall be submitted on the media, format, and configuration specified by the County; • Research and resubmit entries rejected by the County on behalf of the City; • Provide staffing and contact information to field inquiries concerning Assessment District administration, assessments, payoff calculation, and other information regarding district proceedings and annual installments for property owners, title companies and other interested parties; • Prepare an annual levy report summarizing the information used to calculate the annual installment amount for the district, including a list of all Assessor Parcel Numbers; • Prepare and record the amended assessment diagrams that result from lot splits or subdivision; • Provide support to City staff in researching current and historical tax roll information, ownership, payoff calculation, delinquency notices and delinquent status from the County tax system; • Prepare continuing disclosure reports and event notices for City staff review, as required by district disclosure agreements and SEC Rule 15c2-12, and disseminate approved documents to the Electronic Municipal Market Access (EMMA); • Provide support to City staff to maintain compliance with the requirements of State of California Revenue and Taxation Code 163; • Perform required bond call spreads in accordance with applicable state laws and coordinate the early redemption of outstanding bonds as needed; • Provide certification related to specific escrow release tests on as needed basis; • Assist City staff in delinquency management by closely monitoring outstanding district delinquencies, and provide periodic reports to the City presenting aging and current statuses of all delinquent installments; • Provide Arbitrage Calculations at least every five years for each bond issue as well as a final computation on the date on which the last maturity of a bond issue is retired; • Provide Asset Management Services including the ability to estimate future capital asset replacement, as required by staff; • Assist City with new Assessment District formations; and • All other special projects as deemed necessary, including but not limited to refunding analysis. Page 133 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 9 | Page Community Facilities District – Bonded The City currently has 15 Bonded Community Facilities Districts (CFDs). • Review the special tax schedules prepared by the City and ensure that all debt service and administrative expenses are recovered through the annual special tax levies; • Calculate the annual special tax levy for each parcel within the CFD following the guidelines established in the Rate and Method of Apportionment of Special Tax; • Prepare comprehensive special tax installment information for each parcel for submittal in a timely manner to the County of San Diego for placement on the property tax roll. This information shall be submitted on the media, format, and configuration specified by the County; • Research and resubmit entries rejected by the County on behalf of the City; • Provide staffing and contact information to field inquiries concerning CFD administration, annual special taxes, payoff calculation, and other information regarding district proceedings and annual installments for property owners, title companies and other interested parties; • Prepare an annual levy report summarizing the information used to calculate the annual installment amount for the districts, including a list of all Assessor Parcel Numbers; • Assist City staff with proper disclosure of special tax information for prospective property purchases as required by Sections 53340.2(b) and 53341.5 of the State of California Government Code; • Prepare continuing disclosure reports and event notices for City staff review, as required by district disclosure agreements and SEC Rule 15c2-12, and disseminate approved documents to the Electronic Municipal Market Access (EMMA); • Perform tasks associated with CFD administration, including but not limited to bond call coordination, release of lien, delinquency reporting, foreclosure coordination, and annexation; • Assist City staff in providing information to bond rating agencies when needed; • Assist in maintaining current and future CFD law and regulation compliance and notify City staff of any pertinent changes in CFD law and regulations; • Provide certification related to specific escrow release tests on as needed basis; • Assist City staff in delinquency management by closely monitoring outstanding district delinquencies, and provide periodic reports to the City presenting aging and current statuses of all delinquent installments; • Provide Arbitrage Calculations at least every five years for each bond issue as well as a final computation on the date on which the last maturity of a bond issue is retired; • Provide Asset Management Services including the ability to estimate future capital asset replacement, as requested by staff; • All other special projects as deemed necessary, including but not limited to new district formation, tax rate projection, and refunding analysis. Page 134 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 10 | Page Community Facilities District – Maintenance (Non-Bonded) The City currently has 18 Maintenance Community Facilities Districts (CFDs). • Calculate the annual special tax levy for each parcel within the CFD following the guidelines established in the Rate and Method of Apportionment of Special Tax; • Prepare comprehensive special tax installment information for each parcel for submittal in a timely manner to the County of San Diego for placement on the property tax roll. The information shall be submitted on the media, format, and configuration specified by the County; • Research and resubmit entries rejected by the County on behalf of the City; • Provide staffing and contact information to field inquiries concerning CFD administration, annual special taxes, and other information regarding district proceedings and annual installments for property owners, title companies and other interested parties; • Prepare an annual levy report summarizing the information used to calculate the annual installment amount for the districts, including a list of all Assessor Parcel Numbers; • Assist City staff with proper disclosure of assessment information for prospective property purchases as required by Sections 53340.2(b) and 53341.5 of the State of California Government Code; • Provide annexation services to all subject developments, boundary map recordation, annexation proceedings, such as public hearing and owner election, and Preparation of rates and Method of Apportionment for annexations, data collection, etc.; • Administration and assistance with compliance requirements; • Provide Asset Management Services including the ability to estimate future capital asset replacement, as requested by staff; • Assist City with new District formations; and • All other special projects as deemed necessary, including but not limited to revenue projection and cash flow forecast. Open Space Maintenance Districts The City currently has 35 Open Space Maintenance Districts (OSD) and/or zones. • Obtain thorough understanding of the City’s OSD establishment, their boundaries, Parcels and particularities; • Review all documentation, databases, and budgets prior to preparing levy analysis, in order to ensure total and complete equity of assessments within each district; • Prepare complete documentation for annual assessment, including Engineer’s Reports and maps; • Attend City Council meetings with OSD-related items, as requested by City staff; Page 135 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 11 | Page • Provide comprehensive assessment installment information for each parcel and submit in a timely manner to the County of San Diego for placement on the property tax roll. The information shall be submitted on the media, format and configuration specified by the County; • Research and resubmit entries rejected by the County on behalf of the City; • Provide staffing and contact information to field inquiries concerning OSD administration, annual assessments, and other information regarding district proceedings and annual installments for property owners, title companies and other interested parties; • Prepare an annual levy report summarizing the information used to calculate the annual installment amount for the districts, including a list of all Assessor Parcel Numbers; • Provide Asset Management Services including the ability to estimate future capital asset replacement, as requested by staff, and • Complete all reports on OSD required by the state and federal agencies. Montgomery Sewer District The City levies annual sewer assessments within a portion of its incorporated area. • Obtain thorough understanding of the Montgomery Sewer District, its boundaries, Parcels, and particularities of the district; • Review all documentation, databases, and budgets prior to preparing levy analysis, in order to ensure total and complete equity of assessments the district; • Work with water agencies and download data from them to determine usage; • Update sewer and meter rate tables with rate updates from the prior year; • Match new accounts to APNs (usually around 2 dozen new accounts/per year); • Run initial assessment, and research zero ($0) assessment parcels; • Provide database/workbook to City Finance Staff to perform second levy check; • Provide comprehensive assessment installment information for each parcel and submit in a timely manner to the County of San Diego for placement on the property tax roll. The information shall be submitted on the media, format and configuration specified by the County; • Research and resubmit entries rejected by the County on behalf of the City; • Provide staffing and contact information to field inquiries concerning the district administration, annual assessments, and other information regarding district proceedings and annual installments for property owners, title companies and other interested parties; Page 136 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 12 | Page • Prepare an annual levy report summarizing the information used to calculate the annual installment amount for the districts, including a list of all Assessor Parcel Numbers; and • Complete all reports on the district required by the state and federal agencies. Note that additional Districts, particularly Community Facilities Districts, may be added during the scope of this contract. The cost proposal should indicate which fees will need to be negotiated when additional information about these Districts is available. Non-Land Based Bonds The City currently has (3) Certificate of Participation Bonds (COP’s), (4) Lease Revenue Bonds (LRB’s), (1) Pension Obligation Bonds (POB’s), and (1) Tax Allocation Refunding Bonds (TARB’s). • Prepare continuing disclosure reports and event notices for City staff review, as required by the bond indenture and SEC Rule 15c2-12., and disseminate approved documents to the Electronic Municipal Market Access (EMMA); • Provide Arbitrage Calculations at least every five years for each bond issue as well as a final computation on the date on which the last maturity of a bond issue is retired. Note that additional Bond Issuances may be added during the scope of this contract. The cost proposal should indicate which fees will need to be negotiated when additional information about these Bonds is available. Bayfront Project Special Tax Financing District The City currently levies a 5.5% special tax on two parcels within the District. • Prepare continuing disclosure reports, as required by State Bill 165 and Assembly Bill 2109. • As-needed administration and assistance with compliance requirements. Page 137 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 13 | Page Delinquent Trash Fund The City levies annual delinquent solid waste service charge assessments across its incorporated area. • Establish lines of communication and gain understanding of the specific goals, components and criteria to meet the City’s, Program’s and Special District’s needs; • Review all documentation, databases, and budgets prior to preparing levy analysis, in order to ensure total and complete equity of assessments the district; • Maintain a comprehensive database of the District and Parcel information in a form such that the annual levy submission to San Diego County will the guidelines as outline in the County’s fixed charge submission packet; • Provide comprehensive assessment installment information for each parcel and submit in a timely manner to the County of San Diego for placement on the property tax roll; • Maintain all data related to individual parcels, such as special tax and assessment information, regularly updated delinquency history, current property ownership information, contact information, assessed valuation information; • Determine the levy requirements for each fiscal year; • Prepare the annual levy for the program in a format and media acceptable for the County of San Diego Treasurer Tax-Collector prior to the requested deadline; • Perform adjustments and corrections to the levies as necessary, even after the deadline to submit in order to rectify any issues; • Maintain current Assessor’s parcel maps, updating at least annually and prior to the current year’s levy; • Research exceptions lists from the County, update parcel number changes in the database and calculate benefit assessment area as well as reporting the revised parcels and levy amounts to City staff; • Prepare additionally required correspondences relating to the submittal, correction, removal of special taxes to the County tax roll; • Provide the City with hard copy and electronic copy of the Annual Levy Report, containing information used to calculate the annual installment amount for each parcel as well as the summary of the total annual levy amount; • Complete all reports on the district required by the state and federal agencies; • Serve as the initial and primary point of contact for property owners, title companies and other interested parties regarding the program proceedings and annual installments. Page 138 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 14 | Page Delinquent Sanitation Fund The City levies annual delinquent sewer service charge assessments within a portion of its incorporated area. • Establish lines of communication and gain understanding of the specific goals, components and criteria to meet the City’s, Program’s and Special District’s needs; • Review all documentation, databases, and budgets prior to preparing levy analysis, in order to ensure total and complete equity of assessments the district; • Maintain a comprehensive database of the District and Parcel information in a form such that the annual levy submission to San Diego County will the guidelines as outline in the County’s fixed charge submission packet; • Provide comprehensive assessment installment information for each parcel and submit in a timely manner to the County of San Diego for placement on the property tax roll; • Maintain all data related to individual parcels, such as special tax and assessment information, regularly updated delinquency history, current property ownership information, contact information, assessed valuation information; • Determine the levy requirements for each fiscal year; • Prepare the annual levy for the program in a format and media acceptable for the County of San Diego Treasurer Tax-Collector prior to the requested deadline; • Perform adjustments and corrections to the levies as necessary, even after the deadline to submit in order to rectify any issues; • Maintain current Assessor’s parcel maps, updating at least annually and prior to the current year’s levy; • Research exceptions lists from the County, update parcel number changes in the database and calculate benefit assessment area as well as reporting the revised parcels and levy amounts to City staff; • Prepare additionally required correspondences relating to the submittal, correction, removal of special taxes to the County tax roll; • Provide the City with hard copy and electronic copy of the Annual Levy Report, containing information used to calculate the annual installment amount for each parcel as well as the summary of the total annual levy amount; • Complete all reports on the district required by the state and federal agencies; • Serve as the initial and primary point of contact for property owners, title companies and other interested parties regarding the program proceedings and annual installments. Page 139 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 15 | Page Proposal Form and Content The City will accept proposals in accordance with the instructions and specifications in this Request for Proposal (RFP). A. Upload one (1) PDF original to PlanetBids B. Proposals should be in the following format, with a table of contents and include all elements listed below: 1. Cover Letter – The cover page should reflect the Firm’s name, the date and the subject: “REQUEST FOR PROPOSAL FOR SPECIAL DISTRICT ADMINISTRATION SERVICES.” 2. Transmittal Letter with Executive Summary – A letter of transmittal summarizing the key points of the Firm’s Proposal in a clear and concise manner shall be signed by an individual in the Firm authorized to negotiate terms, render binding decisions, and commit the Firm’s resources. The letter shall state the Firm has read and will comply with all terms and conditions of the RFP and summarize the Firm’s understanding of the work to be done and ability to perform it. Please limit to one or two pages. 3. Proposer Information – a. Identification of Firm – The Proposal must reflect the Firm’s full legal name, state of incorporation, location of office(s), and background and other general information, including the size of the organization, years in business, and an organizational chart. The Proposal also must include the name, address, phone number, and e-mail of the Firm’s contact person. b. Key Personnel – Please provide the names, qualifications and proposed roles of the principal personnel who would be assigned to perform the services described in the RFP. Please provide the location at which work on this service will be accomplished and indicate the percentage of key personnel’s time that will be dedicated to this project. Resumes for all key personnel, including the designated project manager should be provided. No substitution in identified key personnel with be acceptable without the written permission of the City of Chula Vista. c. Proposer Qualifications & References – The Firm shall state its qualifications, including providing a list of contracts with a scope similar to that of this RFP in which the Firm has engaged and a description of its proposed personnel’s relevant experience over the past three (3) years. Also provide the names and contact information for individuals from a minimum of three (3) municipal entities for which the Firm has provided services, as relevant to this RFP, who would be willing to serve as references for the Firm and the individuals who would provide services to the City. References other than the City of Chula Vista Engineering Department are preferred. Page 140 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 16 | Page d. Claims and Litigation - For the services proposed please provide a listing of all claims and/or litigation with a brief description including dollars paid by your firm during the last 5 years. Include the following criteria: date, client, amount and nature of issue. e. Certificates and Registrations – if applicable f. Letters of recommendation – Optional g. Subcontractor Information (if any) – If any part of the work or products described in the proposal is to be provided by subcontractors, please provide the following: i. A description of each subcontractor’s role in the project, ii. A description of previous joint ventures between the Respondent and subcontractor, and iii. The corporate or company name and the names of officers or principals of companies proposed as subcontractors. The successful Respondent will be responsible for ensuring that all subcontractors conform to the same standards, timetables, specifications, and insurance/bond coverage stated in the contract between the City and Prime Contractors. Prior to an award of the Contract, the successful Respondent must furnish a statement of the services and contractual arrangements between itself and all proposed subcontractors. Subcontractors shall be subject to approval by the City. h. Company Literature (Optional) – Company literature may be included at the end of the proposal, if desired. 4. Technical Proposal – This section of the proposal shall be used to set up a work plan for implementation of the job if a contract is awarded. The response to each task must include: a. A full description of the methodology to be employed in completing task deliverables; b. A listing of all deliverables that will be provided for the task: c. A list of key personnel involved in this component of the project. 5. Cost Proposal – The City is interested in maximizing the value of its investment. Respondents should propose the most cost-effective methodology to meet the requirements of this RFP. The Respondent must provide a cost proposal for the activities described in this RFP. Proposals should be given in terms of cost/lump sum for each District and shall include all expenses and costs incurred by the Consultant and will be used as a basis for issuing progress payments as the work is performed. Note that additional Districts, particularly Community Facilities Districts, may be added during the scope of this contract. The cost proposal should indicate which fees will need to be negotiated when additional information about these Districts is available. Please also note that additional Bond Issuances may be added during the scope of this contract. The cost proposal should indicate which fees will need to be negotiated when additional information about these Bonds is available. A Schedule of Hourly Rates for all personnel that would be involved in this contract should also be provided. This schedule would be used for additional services only. Page 141 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 17 | Page Evaluation Criteria City of Chula Vista - RFP for Special District Consultant Services Evaluation Criteria Weight Score (1-5) Weighted Score 1 Background and related experience of the specific individuals to be assigned to this project. 15 5 75 2 Resources available to perform task on time and within budget 15 5 75 3 Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. Claims and Litigation History. 20 5 100 4 Quality, clarity and responsiveness of the proposal. 10 5 50 5 Understanding of the work required by the City. 15 5 75 6 Total Annual Costs and Justification 10 5 50 7 Recent experience in successfully performing similar services. 15 5 75 100 500 Page 142 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 18 | Page GENERAL CONDITIONS Evaluation The Purchasing Agent along with the Department Representatives will evaluate responses. The City reserves the right to reject any or all responses and to waive any irregularity or informality in any response to the extent permitted by law. All respondents are responsible for reading the attached specifications, terms and conditions, Performance Standards, General Conditions, and General Provisions, which are considered part of your bid and any contract awarded. Award It is the City’s intent to award this contract to a single contractor based on the primary services (as outlined on PlanetBids). However, the city retains the ability to utilize alternate contractor/s in the event the awarded contractor is unable to provide services in the time outlined by the city. The award will be made to the lowest, responsive and responsible bidder who, in the City's sole judgement, has the necessary experience, skill, business standing, equipment, staffing, and financial stability to properly maintain the City's bid. The extent to which the respondent proposes to subcontract work will also be a consideration in award. This RFB does not commit the City to award a contract, to pay any costs incurred in the preparation of the proposal to this request, or to procure or contract for services or supplies. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part or entirely this RFB, if it is in the best interest of the City to do so. The City further reserves the right to waive any technicalities or minor irregularities in bids received. The City may require the selected respondent to participate in negotiations and to submit such price, technical or other revisions of their proposals as may result from negotiations. The City shall be the sole judge in determining award of contract. Local Business Consideration According to the Chula Vista Municipal Code, Chapter 2.56.080, letter G, In accordance with Section 1011 of the Charter, in the event two or more bids are received which are for the same total amount or unit price and in all other respects are equal, the contract shall be awarded to a local respondent. In the event, however, that such tie bids are all from vendors either wholly inside or all outside of the city, then the contract shall be awarded by drawing lots in public. In evaluating bids for award, the City of Chula Vista considers the 1% sales tax allocated back to the City from vendors located in Chula Vista. Firm Prices Prices shall remain firm for vehicles specifically listed for a minimum of ninety (90) days from the bid opening date. PUBLIC DISCLOSURE All proposals submitted in response to this RFQ become the property of the City and public records, and as such may be subject to public review. Under the California Public Records Act (California Government Code Section 6250 et seq.) records in the custody of a public entity generally have to be disclosed unless the information being sought falls into one or more of the exemptions to disclosure set out in Government Code Sections 6254 through 6255. A cover letter should be provided with the Request for Bid containing a paragraph that states whether or not Vendor believes that its proposal does or does not contain information that falls into one of the exemptions of Government Code Sections 6254 through 6255 and whether or not Vendor considers such information to be confidential. Page 143 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 19 | Page In the absence of a declaration, the City may be obligated to disclose the proposal to any party that requests it. Regardless of assertions of confidentiality, proposal contents may still be disclosed if City, or a court with jurisdiction, determines that such proposal is a public record requiring disclosure. Payment Terms Terms: ________%_________Days Prompt payment discounts offered for less than fifteen (15) days will not be considered in evaluating bids for award. However, discounts offered of less than fifteen (15) days will be taken if payment is made by the City within the discount period. In the absence of terms, payment shall be Net Thirty (30) Days. Payment Method The City’s preferred payment method is J.P. Morgan’s Single-Use Accounts (SUA) virtual card payment program **(see below for SUA benefits), or EFT/ACH. Please confirm whether your company accepts these forms of payment for invoices. SUA: Yes No EFT: Yes No If SUA is not accepted, the City will make payments through Electronic Funds Transfer (EFT or ACH) and will need the information below: Bank ABA #________________________ Bank Account #_______________________ Bank Name______________________________ Bank Address________________________________________________________________ Checking or Savings Account ____________________________________________________ ** Benefits of SUA Virtual Card Payment Program There are many benefits when accepting SUA payment, including: • accelerated payments that will help reduce days sales outstanding (DSO) • a simplified process that eliminates the cost of processing checks • the ability to reduce administration expenses, account collections and follow-ups • upon your enrollment in our SUA program, we will convert your payment terms to Net 15 days Enrolling in this initiative can help strengthen our business relationship, and we are strongly committed to achieving 100% participation from our valued suppliers. Page 144 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 20 | Page Public Agency Participation Other public agencies (e.g. city, county, public corporation, political subdivision, school district, or water authority) may want to participate in any award as a result of this bid. The City of Chula Vista shall incur no financial responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the successful respondent. This option will not be considered in bid evaluation. Please indicate whether this will be granted. Yes ________ No ________ Business License A Business License is required as outlined in the Chula Vista Municipal Code Section 5.02.020, which states: It is unlawful for any person, or for any person as agent, clerk or employee, either for himself or for any other person, within the corporate limits of the City, to transact, engage in, or carry on any business, show, exhibition or game hereinafter specified without first having procured a license. ____________________ Signature ____________________ Date This page must be completed and returned with response. Page 145 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 21 | Page PROPOSAL GENERAL PROVISIONS Please Read Carefully These Provisions Are a Part of Your Proposal and any Contract Awarded The bidder agrees that: A. Bidder has carefully examined the specifications, and all provisions relating to the item(s) to be furnished or the work to be done; understands the meaning, intent, and requirements; and B. Bidder will enter into a written contract and furnish the item(s) or complete the work in the time specified, and in strict conformity with the City of Chula Vista specifications for the prices quoted. Note: Bidder is defined as any individual, partnership, or corporation submitting a bid, proposal, or quotation in response to a request for bid, request for proposal, or request for quotation. A bidder may also be referred to as consultant, contractor, operator, supplier, or vendor. Bid is defined as any bid, proposal, or quotation submitted in response to this solicitation. 1. Items Offered If the item offered has a trade name, brand and/or catalog number, such shall be stated in the bid. If the bidder proposes to furnish an item of a manufacturer or vendor other than that mentioned on the face hereof, bidder must specify maker, brand, quality, catalog number, or other trade designation. Unless such is noted on the bid form, it will be deemed that the item offered is that designated even though the bid may state or equal. 2. Samples Samples may be required for bid evaluation and testing purposes. Bidders shall agree to provide samples within forty-eight (48) hours upon request and at no additional cost to the City 3. Verify Quotations Prices shall be verified prior to bid submittal, as withdrawal or correction may not be permitted after the bid has been opened. 4. Firm Prices Prices on bid shall be firm prices not subject to escalation. In the event the specifications provide for escalation, the maximum limit shall be shown, or the bid shall not be considered. In the event of a decline in market price below a price bid, the City shall receive the benefit of such decline. 5. Modification or Withdrawal of Bids Bids may be modified or withdrawn by written or facsimile notice received prior to the exact hour and date specified for receipt of bid. A bid may also be withdrawn in person by a bidder, or authorized representative, prior to the exact hour and date set for receipt of bids. Telephone withdrawals are not permitted. 6. Late Bids, Modifications, or Withdrawals a) Bids, modifications of bids, or bid withdrawals received after the exact time and date specified for receipt will not be considered unless receipt is before the contract is awarded and the City determines that late receipt was due solely to City error. Page 146 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 22 | Page b) Modification of a successful bid that makes the terms of the bid more favorable to the City will be considered at any time. 7. Mistake in Bid a) If the bidder discovers a mistake in bid prior to the hour and date specified for receipt of bid, bidder may correct the mistake by modifying or withdrawing the bid in accordance these provisions. b) If within seventy-two hours of the bid closing and prior to the issuance of a purchase order or a contract, the bidder discovers a mistake in its bid of a serious and significant nature which is unfavorable to bidder, bidder may request consideration be given to modifying the bid if it remains the lowest bid or to withdrawal of the bid if the result of the correction of the mistake makes another bidder lowest and best bidder. The mistake must be evident and provable. The right is reserved by the City to reject any and all requests for correction of mistakes in bids received after the hour and date of the bid closing. The decision of the Purchasing Agent is final as regards acceptance or rejection of requests for correction of bids. c) A mistake in bid cannot be considered once a purchase order or contract is issued. 8. Signature All bids shall be signed, and the title and firm name indicated. A bid by a corporation shall be signed by an authorized officer, employee or agent with his or her title. . 9. Alternative Proposals To be responsive to the bid, bidder must submit a proposal that meets all specific bid requirements. Once bidder has proposed a product which is responsive to the specification, bidder may include with the bid any additional proposals or alternative products that bidder believes can meet or exceed the City’s requirements and that may offer additional advantages, benefits, or cost savings. The City reserves the right to evaluate, and accept or reject, such alternatives as though they were part of the original specifications without advertising for further bids, when in the best interests of the City. Any awards so made will be based on operational and cost analysis considerations that would result in the optimum economic advantage to the City. 10. Environmentally Preferable Purchasing (EPP) The City defines Environmentally Preferable Purchasing (EPP) as the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or service that serve the same purpose. With few exceptions, environmentally preferable products shall only be purchased when determined to be cost-effective while considering a true cost during its lifecycle from use, management and disposal. EPP requires attention to numerous environmental considerations, including energy efficiency, postconsumer recycled content, water efficiency, low/zero hazardous substances and responsible manufacturing, to name just a few. Testing and evaluation of environmentally preferable products is one allowable exception and may be requested at any time during the solicitation process. For more information, please consult the CalRecycle website at: https://www.calrecycle.ca.gov/epp. 11. Quality Unless otherwise required in the specifications, all goods furnished shall be new and unused. Page 147 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 23 | Page 12. Litigation Warranty The bidder, by bidding, warrants that bidder is not currently involved in litigation or arbitration concerning the materials or bidder’s performance concerning the same or similar material or service to be supplied pursuant to this contract of specification, and that no judgments or awards have been made against bidder on the basis of bidder’s performance in supplying or installing the same or similar material or service, unless such fact is disclosed to the City in the bid. Disclosure may not disqualify the bidder. The City reserves the right to evaluate bids on the basis of the facts surrounding such litigation or arbitration and to require bidder to furnish the City with a surety bond executed by a surety company authorized to do business in the State of California and approved by The City of Chula Vista in a sum equal to one hundred percent (100%) of the contract price conditional on the faithful performance by bidder of the contract in the event the bid is awarded to bidder, notwithstanding the litigation or arbitration. 13. Performance Standards Performance of work and acceptability of equipment or materials supplied pursuant to any contract or award shall be to the satisfaction of the City. 14. Warranties a) All material, labor or equipment provided under the contract shall be warranted by bidder and/or manufacturer for at least twelve (12) months after acceptance by City. Greater warranty protection will be accepted. Lesser warranty protection must be indicated by bidder on the bid proposal as an exception b) Bidder shall be considered primarily responsible to the City for all warranty service, parts and labor applicable to the goods or equipment provided by bidder under this bid or award, irrespective of whether bidder is an agent, broker, fabricator or manufacturer’s dealer. Bidder shall be responsible for ensuring that warranty work is performed at a local agency or facility convenient to City and that services, parts and labor are available and provided to meet City’s schedules and deadlines. City may require bidder to post a performance bond after contract award to guarantee performance of these obligations. Bidder may establish a service contract with a local agency satisfactory to City to meet this obligation if bidder does not ordinarily provide warranty service. 15. Addenda The effect of all addenda to the bid documents shall be considered in the bid and said addenda shall be made part of the bid documents and shall be returned with them. Before submitting a bid, each bidder shall ascertain whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued may render the bid invalid and result in its rejection. 16. Specifications to Prevail The detailed requirements of the specifications shall supersede any conflicting reference in these General Provisions that are in conflict therewith. 17. Taxes The City will furnish Exemption Certificates for Federal Excise Tax. The City is liable for State, City and County Sales Taxes. Do not include this tax in the amount bid. However, tax is to be added by the successful bidder to the net amount invoiced. All or any portion of the City Sales Tax returned to the City will be considered in the evaluation of bids. 18. Conflict of Interest No City employee or elected or appointed member of City government, or member of the employee’s immediate family, may participate directly or indirectly in the procurement process pertaining to this bid if they: Page 148 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 24 | Page a) Have a financial interest or other personal interest that is incompatible with the proper discharge of their official duties in the public interest or would tend to impair their independence, judgment or action in the performance of their official duties. b) Are negotiating for or have an arrangement concerning prospective employment with bidder. The bidder warrants to the best of his knowledge that the submission of the bid will not create such conflict of interest. In the event such a conflict occurs, the bidder is to report it immediately to the Purchasing Agent. For breach or violation of this warranty, the City shall have the right to annul this contract without liability at its discretion, and bidder may be subject to damages and/or debarment or suspension. 19. Gratuities The City may rescind the right of the bidder to proceed under this agreement if it is found that gratuities in the form of entertainment, gifts, or otherwise are offered or given by the bidder, or any agent or representative of the bidder, to any officer or employee of the City with the intent of influencing award of this agreement or securing favorable treatment with respect to performance of this agreement. 20. Faithful Performance Bond Successful bidder may be required to furnish the City with a surety bond conditioned upon the faithful performance of the contract. This may take the form of a bond executed by a surety company authorized to do business in the State of California and approved by the City of Chula Vista, an endorsed Certificate of Deposit, or a money order or a certified check drawn on a solvent bank. The bond shall be in a sum equal to one hundred percent (100%) of the amount of the contract price. Such bond or deposit shall be forfeited to the City in the event that bidder receiving the contract shall fail or refuse to fulfill the requirements and all terms and conditions of the contract. 21. Insurance Bidder shall provide proof of liability and property damage insurance prior to performance of duties. Coverage shall be from a company authorized to transact business in the State of California and shall be in an amount not less than $1,000,000 combined single limit (CSL), unless otherwise specified. The City of Chula Vista shall be named as an additional insured and thirty (30) days’ notice of cancellation shall be indicated. Worker’s Compensation coverage for each employee engaged in work on City premises is required. Bidder is solely responsible for all insurance premium payments. 22. Indemnification Bidder shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, employees, and agents, from and against all claims for damages, liability, and expenses (including attorney’s fees) arising out of this agreement and/or bidder’s performance hereunder, except as to such damages, liability, and expenses due to the sole negligence or willful acts of the City, its officers, employees or agents. 23. Award of Contract a) Bids will be analyzed, and award will be made to the lowest, responsive and responsible bidder whose bid conforms to the solicitation and whose bid is considered to be most advantageous to the City, price and other factors considered. Factors to be considered may include, but are not limited to: bidder’s past performance, total unit cost, economic cost analysis, life cycle costs, warranty and quality, maintenance cost, durability, the operational requirements of the City and any other factors which will result in the optimum economic benefit to the City. b) The City reserves the right to reject any item or items, to waive informalities, technical defects and minor irregularities in bids received; and to select the bid(s) deemed most advantageous to the City. The City will, however, consider bids submitted on an “all or nothing” basis if the bid is clearly designated as such. Page 149 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 25 | Page c) The City reserves the right to award one or more contracts on the bids submitted, either by award of all items to one bidder or by award of separate items or groups of items to various bidders as the interests of the City may require, unless the bidder clearly specifies otherwise in his bid. d) For the purpose of evaluating bids for multiple awards, the sum of $100.00 is considered to be the administrative cost to the City for issuing and administering each contract awarded under this solicitation, and individual awards will be made for the items and combinations of items which result in the lowest aggregate price to the City, including such administrative cost. e) Upon acceptance by the City of Chula Vista, the solicitation, bid, proposal, or price quotation and a purchase order issued to the successful bidder shall be deemed to result in a binding contract incorporating those terms and these General Provisions without further action required by either party. Items are to be furnished as described in the bid and in strict conformity with all instructions, conditions, specifications, and provisions in the complete contract, as defined by this clause 28 or any related integrated agreement. 24. Protests Protests by unsuccessful bidders to the selection for award shall be submitted in writing to the Purchasing Agent no later than ten (10) calendar days after award recommendation. The unsuccessful bidder shall have the right to appear at the City Council to protest any award to be confirmed by Council. Failure to submit a timely written protest to the Purchasing Agent shall bar consideration of such protest. 25. Documentation Due to the time constraints that affect contract performance, all required documents, certificates of insurance and bonds shall be provided to the City within ten (10) calendar days following award or date of request by City, whichever is later. Any failure to comply may result in bid being declared non-responsive and rejected, and at City’s option the bid bond may be attached for damages suffered. 26. Seller’s Invoice Invoices shall be prepared and submitted in duplicate to address shown on the Purchase Order. Separate invoices are required for each Purchase Order. Invoices shall contain the following information: Purchase Order number, item number, description of supplies or services, sizes, unit of measure, quantity, unit price and extended totals. 27. Document Ownership a) All technical documents and records originated or prepared pursuant to this contract, including papers, reports, charts, and computer programs, shall be delivered to and become the exclusive property of the City and may be copyrighted by the City. Bidder assigns all copyrights to City by undertaking this agreement b) All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this contract shall be the property of the City, and all patents or copyrights shall be assigned to City, unless otherwise agreed. Bidder agrees that City may make modifications to computer software furnished by bidder without infringing bidder’s copyright or any license granted to City. 28. Advertisements, Product Endorsements City employees and agencies or organizations funded by the City are prohibited from making endorsements, either implied or direct, of commercial products or services without written approval of the City Manager. No Page 150 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 26 | Page bidder may represent that the City of Chula Vista has endorsed their product or service without the Purchasing Agent’s prior written approval. 29. City Provisions to Prevail Except as indicated in the specifications, the City’s standard General Provisions shall govern any contract award. Any standard terms and conditions of bidder submitted by bidder shall not be acceptable to City unless expressly agreed to by the City. The City reserves the right to reject bidder’s bid as non-responsive, to consider the bid without bidder’s standard terms and conditions, or to require bidder to delete reference to such as a condition of evaluation or award of the bid. If, after award of contract, bidder (contract vendor) shall provide materials or services accompanied by new or additional standard terms or conditions, they too shall be considered void and City may require deletion as a further condition of performance by Bidder. To the extent not otherwise provided for by the contract documents, the California Commercial Code shall apply. 30. Invalid Provisions In the event that any one or more of the provisions of this agreement shall be found to be invalid, illegal or unenforceable, the remaining provisions shall remain in effect and be enforceable. 31. Amendments and Modifications The Purchasing Agent may at any time, by written order, and without notice to the sureties, make a modification to the contract or an amendment to the Purchase Order, within the general scope of this contract, in (1) quantity of materials or service, whether more or less; (2) drawings, designs, or specifications, where the supplies to be furnished are to be specially manufactured for the City; (3) method of shipment or packing; and (4) place of delivery. If any such change causes an increase or decrease in the cost or the time required for the performance of this contract, an equitable adjustment shall be made by written modification of the contract or amendment to the Purchase Order. Any claim by the bidder for adjustment under this clause must be asserted within 30 calendar days from the notification date. 32. Assignment Bidder shall not assign or delegate duties or responsibilities under this agreement, in whole or in part, without prior written approval of the City. 33. Disputes Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Purchasing Agent, who shall reduce this decision to writing and mail a copy to the bidder. The decision of the Purchasing Agent shall be final and conclusive, unless bidder requests mediation within ten (10) calendar days. Pending final decision of a dispute, the bidder shall proceed diligently with the performance of the contract and in accordance with the Purchasing Agent’s decision. 34. Mediation Should an unresolved dispute arise out of this agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within thirty (30) days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a Blindfold@ process. The cost of mediation shall be borne equally by both parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith Page 151 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 27 | Page attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than sixty (60) days, unless the maximum time is extended by both parties. 35. Lawful Performance Bidder shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and Statutes as may be related to the performance of duties under this agreement. In addition, all applicable permits and licenses required shall be obtained by the bidder, at bidder’s sole expense. 36. Business License Chula Vista Municipal Code Section 5.02.020 requires all firm/entities doing business with the City to obtain a Business License. Section 5.02.20 states: It is unlawful for any person, or for any person as agent, clerk or employee, either for himself or for any other person, within the corporate limits of the City, to transact, engage in, or carry on any business, show, exhibition or game hereinafter specified without first having procured a license. 37. Annual Appropriation of Funds Multi-year term supply and service contracts and leases are subject to annual appropriation of funds by the City Council. Payments made under term contracts and leases are considered items of current expense. Purchase Orders are funded when issued; therefore, they are current expense items and are not subject to any subsequent appropriation of funds. In the event sufficient funds are not appropriated for the payment of lease payments or anticipated term contract payments required to be paid in the next occurring lease or contract term, and if no funds are legally available from other sources, the lease or contract may be terminated at the end of the original term or renewal term and the City shall not be obligated to make further payments beyond the then current original or renewal term. The City will provide notice of its inability to continue the lease or contract at such time as the Purchasing Agent is aware of the non-appropriation of funds. However, failure to notify does not renew the term of the lease or contract. The City has no monetary obligation in event of termination or reduction of a term contract since such contracts represent estimated quantities and is not funded as a contract except to the extent of the Purchase Orders issued. 38. Extension When in the City’s best interest, this agreement may be extended on a daily, month-to-month, or annual basis by mutual agreement of both parties. Services and/or materials received under an extension shall be in accordance with pricing, terms, and conditions, as described herein. 39. Debarment The Purchasing Agent may recommend to the City Council that the person or business be debarred from consideration for award of contracts. The period of debarment will be contingent upon the severity of cause. Causes for debarment include: a) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or other offense indicating a lack of business integrity or business honesty b) Violation of contract provisions which is regarded by the Purchasing Agent to be so serious as to justify debarment action, including: Page 152 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 28 | Page i. Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or ii. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, or iii. Two or more claims of computational error in bid submission within a two-year period. c) Debarment by another governmental entity. d) Any other cause the Purchasing Agent deems to be so serious and compelling as to affect responsibility as a City bidder. A bidder may be permanently debarred for the following causes: i. Collusion in bidding ii. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a contract or subcontract with the City of Chula Vista or in the performance of such contract or subcontract. iii. Conviction under State or Federal antitrust statutes arising out of the submission of bids or proposals. 40. Venue This agreement shall be governed by and interpreted according to the laws of the State of California, and venue for any proceeding shall be in the County of San Diego. (REV February 2021) Page 153 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 29 | Page This sample agreement has been provided for the proposer’s review and comment. If a proposer wishes to take exception to any of the terms and conditions contained in the consultant agreement, these should be identified specifically; otherwise, it will be assumed that the proposer is willing to enter into the agreement as it is written. Any exceptions to terms, conditions, or other requirements must be clearly stated. Failure to identify contractual issues of dispute can later be the basis for the City disqualifying a proposer. The City will consider such exceptions as part of the evaluation process, which may constitute grounds for rejection of the proposal. CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH CITY OF CHULA VISTA TO PROVIDE [SERVICES TO BE PROVIDED] This Agreement is entered into effective as of Enter Date (“Effective Date”)1 by and between the City of Chula Vista, a chartered municipal corporation (“City”) and City of Chula Vista, Entity Type (e.g. A California Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, Enter Recitals To Describe Basis For Service – See example below 2; and WHEREAS, Enter Recitals To Describe Consultant Selection Process – See example below 3; and 1 If City Council approved, insert date of City Council approval. Otherwise, insert a date no later than date Consultant’s work commences. 2 For example: “WHEREAS, City requires _____________ [e.g., civil engineering] services in order to ____________________ [e.g., design a new intersection at X and Y streets];” and 3 For example: “WHEREAS, In order to procure these services City solicited proposals in accordance with Chula Vista Municipal Code Section _________________ [2.56.080 for contracts exceeding $100,000; 2.56.090 for contracts of $100,000 or less; Page 154 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 30 | Page Enter Additional Recitals As Needed Or Delete This Line WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2.56.110 for “professional services” e.g., architects, lawyers, engineers, environmental], received __ proposals, and selected Consultant as the most qualified amongst those submitting; and” [OR, if the project was sole-sourced] “WHEREAS, In order to procure these services Consultant was chosen based on Consultant’s unique qualifications, including ________________; on this basis, Consultant was awarded the contract on a “sole source” basis under the authority of Chula Vista Municipal Code Section ____________ [2.56.070.B.4. for contracts approved by City Council; 2.56.090.B.3. for contracts approved at a staff level].” [OR, if an alternative procurement process is used] “WHEREAS, In order to procure these services Consultant was chosen __________________.” Consult with the City Attorney’s Office if none of these apply Page 155 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 31 | Page OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. Page 156 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 32 | Page 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION Page 157 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 33 | Page 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. Page 158 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 34 | Page 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers 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. Page 159 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 35 | Page 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 “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: Page 160 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 36 | Page 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 timely and fully protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any 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 Page 161 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 37 | Page arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of 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 and fees City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. Page 162 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 38 | Page 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 all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City 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, Page 163 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 39 | Page 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 Page 164 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 40 | Page by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations Page 165 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 41 | Page 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 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 Page 166 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 42 | Page 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.) Page 167 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 43 | Page 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. CITY OF CHULA VISTA CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Enter Name Of Signatory Choose a signatory. Enter Title Of Signatory Choose the signatory’s title. ATTEST 4 BY: _______________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: _______________________________ Jill D.S.Maland Lounsbery Ferguson Altona & Peak Acting City Attorney 4 Attestation signature only required if the Mayor signs the Agreement. If Mayor is not signing agreement, delete entire attestation signature block. Page 168 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 44 | Page EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS INSTRUCTIONS: ENTER INFORMATION AS REQUESTED. FOR SECTIONS THAT PROVIDE OPTIONS, SELECT THE CORRECT OPTION. IF YOU WISH TO ATTACH ADDITIONAL INFORMATION RELATED TO EXHIBIT A, PLEASE ATTACH AND LABEL AS EXHIBIT A, ATTACHMENT (1,2, ETC.) DELETE OPTIONS NOT SELECTED AND ALL INSTRUCTIONS.. 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Enter City Staff Person Name Enter Mailing Address Enter Phone Number Enter Email Address For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: CITY OF CHULA VISTA Enter Mailing Address Page 169 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 45 | Page Enter Phone Number Enter Email Address For Legal Notice Copy to: Enter Consultant Staff Person Name Enter Mailing Address Enter Phone Number Enter Email Address 2. Required Services A. General Description: Enter Summary Of Work To Be Performed (e.g. Consultant XYZ Will Provide Customer Service Trainings To City Staff) B. Detailed Description: Enter Detailed Information About Each Task To Be Performed, Including Task Description, Associated Deliverables, And Completion Date. May Be Written As Narrative Or Table, As Illustrated Below. Delete Table If Not Used. Task Description Deliverables Completion Date 1 Example: Conduct trainings for City staff Provide copy of training materials, sign-in sheet and list of agreed-upon next steps 2 Enter Additional Lines For Tasks As Needed; Delete Excess Lines 3 Page 170 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 46 | Page 4 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin Enter Date and end on Enter Date for completion of all Required Services. 4. Compensation: SELECT ONE OF THE FOLLOWING OPTIONS THEN DELETE ANY OPTION THAT IS NOT APPLICABLE, AS WELL AS THESE INSTRUCTIONS A. Form of Compensation ☐ Single Fixed Fee. For performance of all of the Required Services by Consultant as herein required, City shall pay a single fixed fee of $Enter Contract Amount, upon completion of all Required Services to City’s satisfaction. OR ☐ Fixed Fee Paid in Increments. For the completion of each Deliverable of the Required Services, as identified in section 2.B., above, City shall pay the fixed fee associated with each Deliverable, in the amounts set forth below: Task No. Deliverable Amount OR ☐ 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: Page 171 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 47 | Page Enter Applicable Hourly Rates B. Reimbursement of Costs ☐ None, the compensation includes all costs OR ☐ Invoiced or agreed-upon amounts as follows: Enter or Attach And Reference Any Agreed-Upon Cost Reimbursements Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through Enter End of Contract Date shall not exceed Enter Amount. 5. Special Provisions: CHECK ANY THAT APPLY OR SELECT “NONE,” AND DELETE ALL INSTRUCTIONS. ☐ Permitted Sub-Consultants: List Permitted Sub-Consultants or Indicate “None” ☐ Security for Performance: See City Attorney or Indicate “None” if Not Applicable ☐ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for Insert Number of Terms additional terms, defined as a one-year increment or Enter a Specific Date. if applicable. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to Insert Percentage of Increase or Actual Dollar Amount for each extension. The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Page 172 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 48 | Page ☐ Other: Describe Special Provisions (Delete Line If Not Applicable) ☐ None Page 173 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 49 | Page 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: ENTER ANY ADDITIONAL TERMS OR “NONE” Page 174 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 50 | Page EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act5 and the Chula Vista Conflict of Interest Code6 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.7 ☐ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED 8 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of- interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 5 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 6 Chula Vista Municipal Code §§2.02.010-2.02.040. 7 Cal. Gov. Code §§53234, et seq. 8 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.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). Page 175 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP P04-2024 July 28, 2023 51 | Page 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: Enter City Staff Person’s Nam Page 176 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda CFD Location Purpose 97-1 Otay Ranch SPA 1, Villages 1 and 5 Open Space maintenance 97-2 Otay Ranch Preserve Open Space maintenance 97-3 Otay Ranch McMillin, SPA 1 Bond Issue for acquisition of public facilities 98-1 Otay Ranch Villages 1W, 2, 2W, 6, 7, 12 Interim Open Space maintenance 98-2 Otay Ranch McMillin SPA 2, Villages 6, 7 Interim Open Space maintenance 98-3 Sunbow II Open Space maintenance 99-1 Otay Ranch SPA 1, Villages 1, 5, 1W Bond Issue for acquisition of public facilities 99-2 Otay Ranch SPA 1, Village 1W Open Space maintenance 2000-1 Sunbow II, Villages 5-10 Bond Issue for acquisition of public facilities 2001-1 San Miguel Ranch, Areas A and B Bond Issue for acquisition of public facilities 2001-2 McMillin Otay Ranch, Village 6 Bond Issue for acquisition of public facilities 06-I Eastlake Woods, Vistas and Land Swap Bond Issue for acquisition of public facilities 07-I Otay Ranch Village 11 Bond Issue for acquisition of public facilities 07-M Eastlake Woods, Vistas and Land Swap (Areas 1, 2) Maintenance District 08-I Otay Ranch, Village 6 Bond Issue for acquisition of public facilities 08-M McMillin & Otay Ranch Village 6 (Areas 1, 2) Maintenance District 09-M Otay Ranch Village 11 Maintenance District 11-M Rolling Hills Ranch Maintenance District 12-I McMillin Otay Ranch, Village 7 Bond Issue for acquisition of public facilities 12-M McMillin & Otay Ranch, Village 7 Maintenance District 13-I Otay Ranch, Village 7 Bond Issue for acquisition of public facilities 13-M Otay Ranch Village 2 Maintenance District 14-M Otay Ranch (Eastern Urban Center/Millenia) Maintenance District 14-M2 Eastern Urban Center/Millenia Maintenance District 16-I Millenia (Areas 1, 2) Bond Issue for acquisition of public facilities 17-I Western Chula Vista DIF Financing Program 18-M Otay Ranch Village 3 Maintenance District 19-M Freeway Commercial 2(Planning Area 12) Maintenance District Attachment 3Community Facilities District within the City of Chula Vista Page 177 of 476City of Chula Vista - City Council January 9, 2024 Post Agenda Attachment 4 Open Space Districts within the City of Chula Vista OSD #Location 1 East of Paseo Ranchero - H Street & Telegraph Canyon 2 South and East of Loma Verde Park 3 South of Allen School Lane 4 Camino Elevado north of Otay Lakes Road 5 North end of Crest Drive south of E Street 6 Camino Vista Real north of Telegraph Cyn Rd 7 North & South of Palomar, east of I-805 8 Surrey Drive southwest of Otay Lakes Road 9 Paseo del Rey, north of Telegraph Canyon Road 10 West of Paseo Ranchero - H & J Streets 11 East H Street, east of I-805 14 North of East H Street - Otay Lakes Road & Corral 15 Canyon Drive, east of Otay Lakes Road 17 Northeast of Paseo Ladera & East J Street 18 East end of East Naples Street 20 Zone 1 Desilting Basin North of East H St, west of Otay Lakes Road Zone 2 Rice Canyon Zone 3 H Street Zone 4 Business Center Zone 5 SPA I Zone 6 SPA II Zone 7 SPA III Zone 8 N Desilting Basin Zone 9 Telegraph Cyn Channel 23 West of Heritage/Otay Valley Road, south of Otay Rio 24 Rutgers Avenue, south of East H Street 26 West of the intersection of E St & Bonita Road 31 North of Otay Lakes Road, west of SR-125 33 West side of Broadway - J & K Streets ELMD Zone A Eastlake I Eastlake Maintenance District No. 1 (ELMD) Zone B Eastlake Greens Zone C Olympic Training Center Zone D Salt Creek I Zone E Telegraph Cyn Channel -Bay Boulevard - E & F Streets -Third Avenue - E & G Streets Canyon View Homes Park Bonita Telegraph Canyon Estates Broadway Business Home Village Bay Boulevard Maintenance District Town Centre Maintenance District Hidden Vista Village Bonita Long Canyon Bonita Haciendas Bel Air Ridge Rancho del Sur Otay Rio Business Park South Bay Villas Hilltop Vista Zenith Units 2, 3, and 4 Rancho Robinhood Unit 3 El Rancho del Rey El Rancho del Rey 6, Casa del Rey Name El Rancho del Rey Units 1 - 4 Lark Haven Rancho Robinhood Units 1 & 2 Bonita Ridge Page 178 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda v . 0 0 4 P a g e | 1 January 9, 2024 ITEM TITLE Ambulance Transport Services: Approve Continued Participation in the Public Provider Ground Emergency Medical Transport Intergovernmental Transfer Report Number: 24-0006 Location: No specific geographic location Department: Fire G.C. § 84308: No 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: (A) authorizing the City Manager to execute the PP-GEMT-IGT certification form to participate in the Public Provider Intergovernmental Transfer Program for Ground Emergency Medical Transportation Services; and (B) amending the fiscal year 2023-24 budget (4/5 Vote Required). SUMMARY The Fire Department provides exclusive ambulance transport services within the City of Chula Vista, the City of Imperial Beach, and the Bonita Sunnyside Fire Protection District and is e ligible to participate in various Federal reimbursement programs for ambulance transports. The Department of Health Care Services developed the Public Provider Ground Emergency Medical Transport (PP-GEMT) Intergovernmental Transfer Program (IGT) program to provide increased reimbursements to emergency medical transports provided by eligible non-contracted public GEMT providers. As a requirement for participation, the City must pay an annual collection amount based on call volume, and then will receive those funds back plus additional funds through the supplemental Medi-Cal program. To qualify, the City must submit a certification form to the State of California Department of Health Care Services certifying compliance to program rules and eligibility. Page 179 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda P a g e | 2 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 DISCUSSION The Department of Health Care Services (DHCS) developed the Public Provider Ground Emergency Medical Transport (PP-GEMT) Intergovernmental Transfer Program (IGT) program in accordance with Assembly Bill (AB) 1705 to provide increased reimbursements to emergency medical transports provided by eligible non- contracted public GEMT providers. This program went into effect January 1, 2023, and the City of Chula Vista was approved for participation in calendar year 2023 via City Council Resolution 2023-061. The first participation period for this program was January 1, 2023 to December 31, 2023. The months of January through October 2023 have been finalized for the City’s participation. During those months, the City’s call volume of emergency medical transports qualified under this program wer e 5,356 transports. During this same period, the City paid $1,535,727.07 into the program. As a result, the City received funds back from the program totaling $3,848,795.92 for the same period. These funds have been reinvested into the Transport Enterprise Fund for various operational needs. These operational needs included, but were not limited to, wage increases for personnel, inflation increases in supplies and services, and capital equipment purchases, all without increasing the base transport fee to patients. The next participation period will be January 1, 2024 to December 31, 2024. To qualify and continue participation in the program, the City must submit a certification form to the DHCS each quarte r certifying compliance with program rules and eligibility. In addition to the certification form, the City must contribute an annual collection amount based on call volume, and then will receive those funds back plus additional funds through the supplemental Medi-Cal program. The amount paid into the program and then subsequently received back is dependent on call volumes for the period. The DHCS is estimating the City’s portion to pay into the program to be $2,553,418.48 for calendar year 2024. The City is expecting to receive these funds back plus additional funds as a continuation of program revenue seen in calendar year 2023. The Fire Department continues to monitor the anticipated participation contribution as well as anticipated revenues in the program based on call volumes for the period, as well as future periods as part of the ongoing Transport Enterprise Fund expenditure plan. Staff is therefore recommending that the City Council approve the City’s participation in this program and authorize the City Manager to execute the certification form, as well as all other documents necessary to implement the program. Page 180 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda P a g e | 3 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 as a result of this action. Adopting the resolution appropriates $1,276,709.24 in program participation funds from the Transport Enterprise Fund (estimated fiscal year 2023-24 portion of calendar year 2024 participation amount). This expense will be fully offset by increased revenues anticipated to be received from the PP-GEMT-IGT program. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund as a result of this action. Ongoing program participation funds will be addressed in future expenditure plans during the City’s annual budgeting process. ATTACHMENTS 1. CY24 Invoice #1 – PP-GEMT-IGT 2. IGT Certification 1.1.2024 Staff Contact: Emily Folker, Principal Management Analyst Raymond Smith, Deputy Chief of EMS Harry Muns, Fire Chief Page 181 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PARTICIPATION IN THE PUBLIC PROVIDER GROUND EMERGENCY MEDICAL TRANSPORTATION INTERGOVERNMENTAL TRANSFER PROGRAM AND APPROPRIATING FUNDS ACCORDINGLY WHEREAS, in May 2020, the City Council approved the program for the Chula Vista Fire Department to provide exclusive Emergency Ambulance Transport Services within the City of Chula Vista, the City of Imperial Beach, and the Bonita Sunnyside Fire Protection District; and WHEREAS, as an emergency transport provider, the City of Chula Vista became eligible to participate in various Federal reimbursement programs for ambulance transports; and WHEREAS, the Public Provider Ground Emergency Medical Transport (PP-GEMT) Intergovernmental Transfer Program (IGT) program went into effect on January 1, 2023, and the City participated in the first year of the program; and WHEREAS, in order to continue participation, the City must complete the IGT certification form, submit it to the California Department of Health Care Services (DHCS), and pay an annual collection amount based on call volume ; and WHEREAS, DHCS estimates the City’s portion to be paid into the program to be $2,553,418.48 for calendar year 2024; and WHEREAS, staff recommends that the City Council authorize the City Manager to execute the certifications form. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista that it approves the City’s participation in the California Department of Health Care Services as a Public Provider (PP) Ground Emergency Medical Transportation (GEMT) intergovernmental transfer (IGT) program and authorizes and directs the City Manager to enter into the certification form and execute all other necessary program documents, in a form approved by the City Attorney. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that, due to increased revenues from the PP-GEMT-IGT program, it appropriates $1,276,709 to the supplies & services category in the Transport Enterprise Fund, and amends the fiscal year 2023 -24 budget , accordingly. Page 182 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Presented by Approved as to form by Harry Muns Jill D.S. Maland Fire Chief Lounsbery Ferguson Altona & Peak Acting City Attorney Page 183 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Provider Information:Due Date:1/15/2024 Payment Details: Year:2024 Collection #:1 1356960413 Program/Payee Information:Banking Information: PP-GEMT Program Email:Payment Methods Accepted: AB1705@dhcs.ca.gov ACH or Wire Transfer Payment Instructions: IGT Non-Federal Share (NFS) Breakdown By DHCS Delivery System Managed Care (MC) MC NFS #1 $574,241.81 MC Admin Fee #1 $0.00 Fee For Service (FFS) FFS NFS #1 $64,112.81 FFS Admin Fee #1 $0.00 $638,354.62 Please await Wire Request Memo for payment instructions Attention: Please review, sign, and submit the Intergovernmental Transfer (IGT) Certification by January 1, 2024, to AB1705@dhcs.ca.gov. IGT Certification forms are required to be submitted prior to each collection due date. Once the IGT Certification form is received, DHCS will send a Wire Request Memo providing payment details and instructions. Please do not send your IGT payment until you have received the Wire Request Memo as payment details are subject to change. Total* IGT Transfer Amount: *Any differences are due to rounding. Total Amount Due: $638,354.62 Vendor Name:Bank Name: California Department of Health Care Services US Bank PUBLIC PROVIDER GROUND EMERGENCY MEDICAL TRANSPORTATION (PP-GEMT) PROGRAM MANAGED CARE AND FEE FOR SERVICE — INVOICE Provider Name: City Of Chula Vista NPI: Page 184 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda DEPARTMENT OF HEALTH CARE SERVICES PUBLIC PROVIDER INTERGOVERNMENTAL TRANSFER PROGRAM FOR GROUND EMERGENCY MEDICAL TRANSPORTATION SERVICES CERTIFICATION FORM FOR STATE CALENDAR YEAR 2024 I, the undersigned, hereby declare and certify on behalf of ______________________ (the “Public Entity”) as follows: 1. As a public administrator, a public officer, or other public individual, I am duly authorized to make this certification. 2. The Public Entity elects to make this intergovernmental transfer (IGT) to the Department of Health Care Service (DHCS) as a voluntary contribution to the non-federal share of Medi-Cal expenditures for purposes of Assembly Bill 1705 (2019) pursuant to Sections 14105.94, 14105.945, 14129, 14129.3, and 14164 of the Welfare and Institutions (W&I) Code. All funds transferred pursuant to this certification qualify for federal financial participation (FFP) pursuant to Section 1903(w) of the Social Security Act and Title 42 of the Code of Federal Regulations, Section 433 Subpart B, and are not derived from impermissible sources such as recycled Medicaid payments, federal money excluded from use as the non-federal share, impermissible health care-related taxes, or non-bona fide provider-related donations. 3. Voluntary contributions attributable to the period of January 1, 2024, through December 31, 2024, will be made via recurring transfers as indicated on the invoices provided to the Public Entity by DHCS. The Public Entity acknowledges that any transfers made pursuant to this certification during this time period are considered an elective IGT made pursuant to W &I Code sections 14105.945 and 14164, to be used by DHCS, subject to paragraph four herein, exclusively as the source for the non-federal share of ground emergency medical transport public provider supplemental payments in both Medi-Cal fee-for-service payments and the portion of the risk-based capitation rate to Medi-Cal managed care health plans associated with reimbursement made in accordance with Section 14105.945, subdivision (h)(1) (hereafter, the AB 1705 Public Provider (PP) Ground Emergency Medical Transportation (GEMT) Program, or the PP-GEMT Program), and DHCS costs associated with administering the PP-GEMT Program. 4. DHCS may accept this voluntary contribution to the extent it is able to obtain FFP for the PP-GEMT Program as permitted by federal law. In the event DHCS is unable to obtain FFP for the PP-GEMT Program, or the full payments cannot otherwise be made to and retained by eligible public providers, and, therefore, all or a portion of the transferred amount cannot be used as the non -federal share of payments, DHCS will notify the Public Entity via e-mail and return the applicable portion of the unused IGT amount, no later than 90 days after such notification. Page 185 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda DEPARTMENT OF HEALTH CARE SERVICES PUBLIC PROVIDER INTERGOVERNMENTAL TRANSFER PROGRAM FOR GROUND EMERGENCY MEDICAL TRANSPORTATION SERVICES CERTIFICATION FORM FOR STATE CALENDAR YEAR 2024 5. The Public Entity acknowledges that, in accordance with W&I Code section 14105.945, subdivision (h)(2), upon CMS approval, DHCS shall assess a ten percent (10%) fee on each transfer of public funds to the state to pay for health care coverage and to reimburse DHCS its costs associated with administering the PP-GEMT Program. 6. The Public Entity acknowledges that the IGT is to be used by DHCS for the filing of a claim with the federal government for federal funds and understands that any misrepresentation regarding the IGT may violate federal and state law. 7. The amount voluntarily transferred to DHCS is based on the estimated Medi-Cal fee-for-service and Medi-Cal managed care non-federal share of ground emergency medical transport public provider supplemental payments , as referenced in paragraph three herein. Because the amount to be voluntarily transferred to DHCS will be based on an estimate, the Public Entity acknowledges that a reconciliation of the voluntary non-federal share contributions to the actual non-federal share expenditures will occur. To the degree necessary to fund the non-federal share for the PP-GEMT Program, amounts due to or owed by applicable Public Entities as a result of the reconciliation may be offset against, or added to, future transfers as applicable and as determined by DHCS. DHCS may accept a voluntary contribution to the extent it is able to obtain FFP for PP-GEMT payments as permitted by federal law. 8. The Public Entity acknowledges that all records of funds transferred are subject to review and audit upon DHCS’ request. The Public Entity will maintain documentation supporting the allowable funding source of the IGTs. 9. Upon notice from the federal government of a disallowance or deferral related to this IGT, the Public Entity responsible for this IGT shall be the entity responsible for the federal portion of that expenditure. I hereby declare under penalty of perjury under the law of the United States that the foregoing is true and correct to the best of my knowledge. I further understand that the known filing of a false or fraudulent claim, or making false statements in support of a claim, may violate the Federal False Claims Act or other applicable statute and federal law and may be punishable thereunder. Page 186 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda DEPARTMENT OF HEALTH CARE SERVICES PUBLIC PROVIDER INTERGOVERNMENTAL TRANSFER PROGRAM FOR GROUND EMERGENCY MEDICAL TRANSPORTATION SERVICES CERTIFICATION FORM FOR STATE CALENDAR YEAR 2024 Executed on this ______ day of _________, 20XX at __________________, California. Signature of Authorized Person: __________________________________________ Name of Authorized Person: _____________________________________________ Title of Authorized Person: ______________________________________________ Name of Public Entity: _______________________________________________ NPI of Public Entity: _______________________________________________ Amount of IGT: $X.XX # # # Page 187 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda v . 0 03 P a g e | 1 January 9, 2024 ITEM TITLE Agreement: Approve an Agreement with Soundskilz Inc. to Provide Event Planning Coordination Services for City Events Report Number: 23-0326 Location: No specific geographic location Department: City Manager G.C. § 84308: No Environmental Notice: This 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 an agreement with Soundskilz, Inc. to provide event planning coordination services for City events through January 30, 2029. SUMMARY The City of Chula Vista prioritizes the quality of life of those who live, work, and choose to visit the area. Special events provide an important opportunity for community building, economic development, and strengthening the sense of civic pride felt in the City of Chula Vista. In support of offering high quality, highly accessible special events managed through the City of Chula Vista, staff is recommending approval of an agreement with Soundskilz, Inc. to provide event planning coordination services for City events. 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 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. Page 188 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION Each year, the City of Chula Vista offers a variety of special events to advance its strategic priorities of fostering community connectedness, economic vitality, and strong and secure neighborhoods. The City hosts a number of sponsored special events, some of which go back decades and draw tens of thousands of residents and visitors. These include community events, festivals, parades, block parties, grand openings, ribbon cuttings, and groundbreakings. The City plans and coordinates the Starlight Parade, HarborFest, Fourth Fest, and South Bay Earth Day, as well as others that may arise during the year. Some events require the assistance of an outside firm to assist staff in planning and coordinating needs. To ensure that the City continues to offer these important events, staff is recommending approval of an agreement with Soundskilz, Inc. to provide event planning coordination services. This recommendation follows months of planning and evaluation work by City staff, starting with the issuance of request for proposals (“RFP”) P06-2024 to Planet Bids on August 4, 2023. The City sought competitive proposals from event planners and event production companies to plan and coordinate special events at the City of Chula Vista. The City entered this process with the goal of identifying a consultant or consultants that could provide on-call event planning services. The City sought a respondent to complete the following work, among other duties, as part of an agreement: 1. Develop a strategic plan for successfully executing a specific event. 2. Work with the Mayor and/or Councilmembers and City staff to organize, manage fundraising activities, and secure sponsorships to support event activities. 3. Coordinate with City staff to organize event logistics and an event program. This may include, but may not be limited to, street closures, inspections, insurance, permits, and other requirements needed to permit an event. 4. Coordinate with City departments and agencies to secure traffic controls, public safety and/or other staffing requirements. Departments may include: Police, Fire, Building, Environmental Services, Recreation, Park Maintenance, Public Works, City Manager, Emergency Medical Services and Risk Management, Alcohol and Beverage Control (if alcohol is provided for sale), County of San Diego and other agencies depending on event requirements. Develop a schedule and timeline for all activities required to execute a successful event. 5. Recommend a budget needed to execute an event and develop sponsorship package ideas and strategies to meet budget goals. 6. Conduct outreach and coordinate with City staff to secure activities, food, craft, and other recommended vendors as needed. 7. Secure items (rentals and/or purchases) needed for an event including as needed banners, signage, audio visual, lighting, stage(s), fencing, tenting, tables, chairs, umbrellas, generators, portable toilets, hand washing stations, etc. a. The event planner/production company will be required to secure at least three cost proposals for any rentals, products, or services over $10,000. Page 189 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda P a g e | 3 b. Secure all necessary insurance from all production vendors/subcontractors to include the City of Chula Vista as additionally insured. 8. Attend pre-event planning meetings in-person or via teleconference. Attend any additional internal, merchant, community and/or City meetings. 9. Sign a City of Chula Vista two-party agreement for these services. The City received three (3) responses to RFP P06-2024. A selection committee consisting of staff from the City Manager’s Office, Office of Communications, Office of Sustainability and Finance Department (Purchasing & Contracting) reviewed and evaluated each proposal for specific qualifications. The committee ranked the proposals and invited the top two (2) respondents to provide presentations. Based on the RFP evaluation criteria, staff recommends entering into an agreement with Soundskilz., Inc. for a term of December 19, 2023 through January 30, 2029 for completion of all required services (See Attachment 1 – Soundskilz, Inc. Agreement). City staff concluded that Soundskilz, Inc. was the best choice to deliver event planning coordination services, based on the company personnel’s combined 75 years of large-scale event design, production and management experience, as well as the company’s wide range of capabilities, directly relevant experience and strategic relationships. Also factored into the decision was the proposed cost structure set forth by Soundskilz, Inc. in the company’s response. The complete proposal received from Soundskilz, Inc. is provided as Attachment 2 to this item. The maximum amount to be paid to Soundskilz, Inc. for services performed over a five-year period through January 30, 2029 shall not exceed $500,000 in consultant fees and an additional $2,000,000 for approved event expenses. 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 § 87110, et seq.). Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will award an agreement with Soundskilz, Inc. for providing event planning coordination services for City events. Sufficient funds were budgeted in the General Fund for fiscal year 2023- 24 for this expense. There is no additional fiscal impact anticipated as a result of this action. ONGOING FISCAL IMPACT The annual cost for the consultant fees in this agreement is $100,000 per year, funded by the General Fund. The event expenses are anticipated to be funded by a combination of General Fund monies and donations and sponsorships. Thes expenses will be considered as part of the annual budget development process in future years. Page 190 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda P a g e | 4 ATTACHMENTS 1. Soundskilz, Inc. Agreement 2. Soundskilz, Inc. Response to RFP P06-2024 Staff Contact: Michele Clock, Communications Manager Karen Schulman, Special Events & Communications Coordinator Page 191 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND SOUNDSKILZ, INC. WHEREAS, the City of Chula Vista prioritizes the quality of life of those who live, work, and choose to visit the area; and WHEREAS, special events provide an important opportunity for community building, economic development and strengthening the sense of civic pride felt in the City of Chula Vista; and WHEREAS, in support of continuing to offer high quality, highly accessible special events managed through the City of Chula Vista, staff is recommending approval of an agreement to provide event planning coordination services for City events; and WHEREAS, on August 4, 2023, the City issued a request for proposals (RFP P06-2024), seeking competitive proposals from event planners and event production companies to plan and coordinate special events in the City of Chula Vista; and WHEREAS, the City received three (3) responses to solicitation P06-2024; and WHEREAS, the proposals were ranked, and the top two (2) respondents were invited to provide a presentation and answer questions to evaluate their qualifications; and WHEREAS, a selection committee evaluated the proposals, including the presentations given, and recommends entering into an agreement with Soundskilz, Inc.; and WHEREAS, the proposed agreement will cover services through January 30, 2029 for completion of all required services; and WHEREAS, the maximum amount to be paid to Soundskilz, Inc. for services performed through January 30, 2029 shall not exceed $500,000 in consultant fees and an additional $2,000,000 for approved event expenses; and WHEREAS, 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 State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Consultant Services Agreement, between the City and Soundskilz, Inc., in substantially the form presented, authorizes the City Manager to finalize and execute the Page 192 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Resolution No. Page 2 agreement, with such modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk. Presented by Approved as to form by Maria V. Kachadoorian Jill D.S. Maland City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 193 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 1 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH SOUNDSKILZ, INC. TO PROVIDE EVENT PLANNING COORDINATION SERVICES FOR CITY EVENTS This Agreement is entered into effective as of January 9, 2024 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”), and Soundskilz, Inc., a California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”), with reference to the following facts: RECITALS WHEREAS, the City regularly hosts events open to residents and visitors, including South Bay Earth Day, Starlight Parade and Festival, HarborFest, and others; WHEREAS, the City has identified the need to enlist a qualified consultant to assist with event planning services in order to produce signature events for the City of Chula Vista that attract residents and visitors; and WHEREAS, In order to procure these services and in accordance with Chula Vista Municipal Code Section 2.56.110 for “professional services,” a Request for Proposal (RFP P06-2024) was published. Three (3) proposals were received, staff evaluated the proposals, and selected Consultant as the most qualified amongst those submitting, in accordance with Chula Vista Municipal Code Section 2.56.110(C); 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.] Page 194 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 2 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of each event, as specified below in Exhibit A, 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 Page 195 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 3 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 ensure that all subcontractors and personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 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 Required Services were performed for each event, or within thirty (30) days of completing event-specific milestones, 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, within thirty (30) days. 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 [Intentionally Omitted] Page 196 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 4 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 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 “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 Page 197 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 5 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 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 timely and fully protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any 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. Page 198 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 6 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. City agrees such approval will not be unreasonably withheld. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 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 all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving fifteen (15) 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 Page 199 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 7 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 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. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, 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 Page 200 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 8 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 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 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 Page 201 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 9 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 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.) Page 202 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 10 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 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. SOUNDSKILZ, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Stephen Clayton JOHN MCCANN President MAYOR ATTEST BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: _______________________________ Jill D.S.Maland Lounsbery Ferguson Altona & Peak Acting City Attorney Page 203 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 11 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Karen Schulman 276 Fourth Ave., Chula Vista, CA 91910 619-585-5626 kschulman@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: SOUNDSKILZ, INC. PO Box 891720, Temecula, CA 92589 951-712-9709 sclayton@soundskilz.com For Legal Notice Copy to: ERESIDENTAGENT, Inc. 228 Park Ave S, PMB 50845, New York, NY 10003-1502 US 310-803-5844 katie@eminutes.com and ava@eminutes.com Todd D. Donell FedReceiver, Inc. 12121 Wilshire Boulevard, Suite 1120 Los Angeles, California 90025 310-496-8617 inquiries@fedreceiver.com 2. Required Services A. General Description: The Consultant will develop, manage, and implement a strategic plan to coordinate and manage all activities and logistics related to event vendors and production services for events including South Bay Earth Day, Starlight Parade and Festival, HarborFest, and any others for which the City may determine to use Consultant’s services, in City’s sole discretion. B. Detailed Description: Consultant will, for each planned event: Page 204 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 12 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23  Prior to any specific event, conduct a review of prior event executions, to determine best practices and identify past execution challenges, including any potential liability issues or history of commercial disruption or complaints.  Conduct informal surveys and/or interviews with previous vendors, sponsors, City stakeholders, local Chamber of Commerce and tourism entities, or others, to gauge their direct experiences with prior local events and solicit recommendations for future improvement and measure community sentiment and awareness.  Analyze tourism trends, hotel/bed inventory, parking/transportation options and other key travel-based metrics to establish best practices to market, and program each event to maximize reach and draw.  Establish a specific network of tourism/travel-related partners and assets that can be activated on a scalable basis to promote and service the event.  Develop and implement a strategic plan, including an initial pro forma to the City, built out with all expenses and potential revenue scenarios for the City’s review and approval, as required to execute the event as determined by the City. The plan shall include an initial site plan/layout and timeline for the event. Each of the elements – the budget, timeline, and site plan – must conform to City’s Expectation.  Coordinate with City staff to prepare and manage event logistics, programming, and site plans and diagrams. This may include, but is not limited to, organizing street closures, conducting inspections of venue, obtaining insurance, permits, and licensing, and any other requirements identified by City staff as needed for each event. This work will involve holding regular staff meetings and individual departmental staff meetings, as set forth below in the Tentative Events matrix.  Coordinate with City departments and state, county, and local agencies to secure traffic control plans, ensure public safety and/or fulfill other staffing requirements. City departments may include: Police, Fire, Development Services, Sustainability, Parks and Recreation, Public Works, City Manager/Administration, and Human Resources. External departments and agencies may include: the California Department of Alcoholic Beverage Control (if alcohol is to be sold), the County of San Diego, and others depending on event requirements.  Recommend any changes to the budget required to execute the event and develop sponsorship package ideas and strategies to meet budget goals.  Work with Mayor and/or Council members, City staff and other parties to conduct fundraising activities and secure sponsorships to support event activities as needed. This shall include, but is not limited to: o Coordinating with the City to identify all appropriate City-owned advertising and sponsorship assets and clearing them for usage, including signage such as light poles, Out-of-home (OOH) locations, digital billboards, kiosk advertising, and activation opportunities such as experiential buildouts, concession exclusivity, venue naming rights, and ensuring the permit process is vetted and known for each specific use or case. o Developing high quality print and digital sponsorship presentations and event-specific advertising materials to promote the event in coordination with any City marketing and communications campaigns.  Conduct outreach and coordinate with City staff to secure activities, food, craft, and other recommended vendors as needed.  Secure items (rentals and/or purchases) needed for event including as needed banners, signage, audio visual, lighting, stage(s), fencing, tenting, tables, chairs, umbrellas, generators, portable toilets, and hand washing stations. Consultant will be required to: o Secure at least three cost proposals for any rentals, products, or services valued at over $10,000. Page 205 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 13 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 o Secure all necessary insurance from every vendor, subcontractor, or other third-party retained for and/or participating at, each event, in accordance with any and all insurance requirements imposed by the City. Each form of insurance shall name City, its officers, officials, employees, agents, and volunteers as additional insureds with respect to any policy of general liability, automobile, or pollution insurance. o In collaboration with the City, review all vendor and commercial rules and regulations, and establish appropriate licensing protocols for on-site event vendors to ensure compliance across all participants and activities. o Develop service-specific RFPs and conduct competitive bid processes for vendors as needed. Additionally, deploy sponsorship sales teams at local, regional, and national levels to pitch commercial partners in multiple markets.  Attend pre-event planning/kick-off meetings in-person or via teleconference. Attend any additional internal, merchant, community, and/or City meetings.  Conduct marketing, public relations, and media relations to promote the event in partnership with the City as needed and approved within the budget. This shall include: o Developing new and/or expanded integrated marketing and public relations campaigns to simultaneously promote the event and the City to grow reach, commercial opportunities, and media coverage in partnership with the City. Special emphasis will be placed on digital media and technologies, regional media partners, influencer relationships (particularly local/regional talent) and strategic relationships with key brand partners. o Analyzing existing City-owned digital/online assets and working with the City to integrate official event sites and social channels (and/or creating new channels) to streamline event functions and maximize data capture values and opportunities. This includes collecting data from websites, social media channels, participant, and vendor application processes, required document management, FAQs, ticketing functions (if necessary), and help desk (email) using Consultant’s standardized suite of platforms.  Coordinate event programming and talent selection in partnership with the City.  Manage and conduct ticketing and credentials as needed.  Manage ongoing planning and fulfillment of the event requirements up through the actual event date and post-event recap period.  Provide the City with a full post-event review, as well as a best practices report, media/PR recap with clips/content/statistics, and recommendations for the future and best practices. Additional Scopes of Work for Specific Types of Events: Community Event  Conduct outreach to secure event participants, including nonprofit organizations, food, arts and crafts, and other recommended event vendors.  Coordinate all programming including, but not limited to, performers, musicians, and other participants.  Coordinate any food trucks, vendors, or other food options at the event, which may include participating restaurants, and wine, beer, and spirits vendors.  Collect and process all fees and security deposits including for vendors, as well as commercial and nonprofit booth rentals, or any other fees. These payments may be in the form of a check, credit card, or cash. Consultant will use funds collected to pay for expenses pre-approved by City of Chula Vista, Page 206 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 14 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 including but not limited to advertising, printing, signage, audio visual, staging, rental items (tables, chairs, tents, etc.), portable toilets, or other items agreed to by the parties, based on funding availability. Festival  Conduct outreach to secure event participants, including nonprofit organizations, food, arts and crafts, and other recommended event vendors.  Coordinate all programming including, but not limited to, performers, musicians, and other participants.  Coordinate Food/Culinary and Wine/Beer/Spirits ticketed events including assisting with securing participating restaurants, and wine, beer, and spirits vendors.  Maintain and update event website and social media promotion including via social media channels (e.g., Facebook, Instagram, TikTok, and X/Twitter).  Collect and process all fees and security deposits including for vendors, as well as commercial and nonprofit booth rentals, or any other fees. These payments may be in the form of a check, credit card, or cash. Consultant will use funds collected to pay for expenses pre-approved by City of Chula Vista, including but not limited to advertising, printing, signage, audio visual, staging, rental items (tables, chairs, tents, etc.), portable toilets, or other items agreed to by the parties, based on funding availability. Starlight Parade  Develop and implement a strategic plan to coordinate all activities and logistics related to the Starlight Parade which include, but are not limited to, organizing parade entrants, performance stages, and holiday activities, creating an entrant database, hiring subcontractors, and paying invoices.  Coordinate and work closely with the City of Chula Vista Special Events Coordinator and other City and Downtown Chula Vista Association staff to organize and manage parade and event logistics, activities, permits, insurance requirements, and other duties as needed.  Develop and manage a production schedule and timeline of items and tasks required to execute a successful parade. Schedule a timeline to include appropriate parties’ responsibilities, outlining steps in pre-production, load-in of the event, the event and load-out of the event.  Conduct outreach and coordinate with City staff on all programming to secure parade participants and units for the parade to include, but not limited to, marching bands and other musicians, entertainment, performers, community organizations, and other participants.  Produce and coordinate parade entry form with guidelines and lead selection process.  Create and update parade entry database with information including float descriptions (noting theme, size of vehicle, how many participants can fit, contact information as well as walking units).  Create information and guidelines for day-of parade participants, volunteers, and any others.  Conduct outreach to secure participants, including those related to activities, food, crafts, and other recommended festival vendors.  Maintain and update event website (www.starlightparade.com) and Starlight social media channels (e.g., Facebook, Instagram, TikTok, and X/Twitter). Additional Scopes of Work for Specific Types of Functions: Advertising & Promotions Page 207 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 15 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23  Collaborate and coordinate with City Communications team to implement promotion and publicity including, but not limited to, social media, advertising activities, in-kind radio sponsorship, web promotions, pre-event/event news coverage, and other value-added elements.  Develop advertising recommendations and event program, conduct media buy, and secure radio sponsorships and value-added elements.  Coordinate with City Communications team and graphic designer to produce graphic designs and secure vendor(s) and payments for any printing and collateral materials including, but not limited to, event poster/flyer/postcard, advertising, signage, and banners.  Hang promotional banners at select locations in and/or throughout City.  Conduct appraisal of existing online assets, and rollout of websites and social media channels (e.g., Facebook, Instagram, TikTok, and X/Twitter) for events (if applicable).  Create paid online media campaign per-event to attract authentic, segment-targeted audiences focusing on tourists/visitors, regional awareness and in key geo-targets for the City.  Develop a content posting schedule led by our dedicated social manager, to include: o Save The Date announcements o Highlighting “greatest hits” content from prior year events (if applicable) o Influencer engagements and cross-posting o Online polls and contests for the local community to raise awareness  Assess City tourism marketing efforts and how to cross promote and amplify the campaign vis-à-vis specific events  Conduct appraisal of local radio, travel guide and CVB/Tourism agency assets/channels that can be used for promotion  Create local signage, flyer/poster, and print campaign resources  Conduct direct outreach to all local businesses to pitch B2B vendor opportunities and advertising assets during the event (banners, signage, booths), and to create internal promotion incentives to secure storefront signage for event posters, email blasts to their customer databases, etc. Food & Beverage  Recruit food vendors to set up during events and provide a wide-ranging culinary experience (when applicable, pursuant to City’s direction)  Ensure vendor onboarding protocols are met and provide onsite management to ensure 100% Health Code compliance at each event and any auditing for revenue management. Production & Administrative Services  Maintain and operate a General Services Help Desk/Information booth for attendees staffed by full-time production team members and volunteer staff.  Work with local nonprofit organizations to determine opportunities for volunteer staff, discounted or free booth space and cross-promotional campaigns to promote messages and campaign drives. Accounting  Consultant will pay upfront all fees, security deposits and expenses pre-approved by City of Chula Vista, including but not limited to those relating to advertising, printing, signage, audio visual, staging, rental items (tables, chairs, tents, etc.), portable toilets, or other items agreed to by the parties, from the Page 208 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 16 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 approved event budget. City will advance funds (based on funding available) to cover event expenses pursuant to the budget disbursement schedule, set forth below.  Consultant will provide a detailed accounting of all finances related to vendors, commercial and nonprofit booth rentals. In addition, Consultant will provide an itemized accounting of all expenses paid, including copies of invoices and cancelled checks. Any funds remaining on account with Consultant after payment of all event expenses will be remitted to City of Chula Vista.  Consultant shall receive and account for sponsorships and donation funds when secured by Consultant. Each sponsorship and donation shall be identified in a Reconciliation Report. Deliverables  Draft and Final Strategic Plan for each event.  Event Planning Meeting Agendas and Progress Updates for each event – as requested by the City.  Draft and Final Budget for each event.  Final Accounting Report to included paid invoices for each event.  Final Reconciliation Report for each event.  Final Media and Marketing Report for each event. Page 209 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 17 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 Tentative Events Matrix South Bay Earth Day Tasks Due Dates Kickoff meeting with project team By January Present draft strategic plan including approved budget and fundraising milestones By January Hold meetings at a frequency of at least bi- monthly with City representatives February – April Bi-Monthly and as needed Recap Meeting Within 30 Days Post Event South Bay Earth Day Event Date Tentative Date: April 13, 2024 – Event dates for future years TBD Starlight Parade & Festival Tasks Due Dates Kickoff meeting with project team By March/April Present draft strategic plan including approved budget and fundraising milestones By April/May Hold meetings at a frequency at least monthly with City representatives March – October Hold meetings at a frequency at least weekly with City representatives November – December Recap Meeting Within 30 Days Post Event Starlight Parade & Festival Date Tentative Date: December 1, 2024 – Event dates for future years TBD HarborFest Tasks Due Dates Kickoff meeting with project team By January Present draft strategic plan including approved budget and fundraising milestones By February Hold meetings at a frequency of at least monthly with representatives April –June Monthly Page 210 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 18 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 Hold meetings at a frequency of at least weekly with City representatives July – August Weekly Recap Meeting Within 30 Days Post Event HarborFest Event Tentative Date: August 2025 – Event dates for future years TBD Budget Disbursements: City and Consultant shall agree, in writing, to a final budget for each event, which should conform to the anticipated maximum budgets for each event type as discussed below in section 4(A). City may disburse funds to be utilized by Consultant to pay for event expenses upon the following schedule: 1st Disbursement: Due 30 days after approval of event budget – 50 % of approved event budget 2nd Disbursement: Due 15 days after receipt of projected day-of expenses – 50% of approved event budget 3rd Disbursement: Due 30 days after receipt of final event invoice, Accounting Report, and Reconciliation Report - approved amount necessary to satisfy final event invoice, if any. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin January 9, 2024 and end on January 30, 2029 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Event Management Fee Paid in Increments. As identified in section 2.B., above, for each event, City shall pay Consultant a fixed event management fee, comprised of the base management fee and base-plus management fee, where applicable. Additionally, City shall pay Consultant a proportionate amount of all revenue generated at each event at a fixed rate. The calculation of each Event Management Fee shall be based upon the type of event for which Consultant provides the Required Services as defined herein. City and Consultant have agreed to define the types of events, wherein Consultant shall provide the services set forth below in Section 2.b, as follows: (A) Smaller Community Events that include but are not limited to events such as Grand Opening, Ribbon Cutting/Groundbreaking, or events with an anticipated crowd of less than 1,000 people with an anticipated maximum budget of $25,000; (B) Medium Sized Community Events such as Block Party, South Bay Earth Day, or events with an anticipated crowd of more than 1,000 people and less than 20,000 people with an anticipated maximum budget of $75,000; (C) Large Sized Community Events such as Starlight Parade & Festival, or events with an anticipated crowd of more than 20,000 people or those events which are held over consecutive and/or multiple days with an anticipated maximum budget of $150,000. Base Management Fee: (A) Smaller Community Events: $5,000.00 base management fee; (B) Medium Sized Community Events $15,000.00 base management fee; (C) Large Sized Community Events: $30,000.00 base management fee. Page 211 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 19 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 Base-Plus Management Fee: In addition to the base management fee, City shall pay Consultant a base-plus management fee where the final costs exceed the anticipated maximum budget for the event type. The base-plus management fee shall equal to 20% of those amounts in excess of the anticipated maximum budget for each event. ☒ Share of Revenue Generation. Consultant shall be entitled to receive 30% of all revenue or income Consultant generates from corporate or event sponsorships, merchandise, food and beverage sales, event-participant registration fees, or any other revenue generated by the Consultant from the event. B. Reimbursement of Costs ☒ Invoiced or agreed-upon amounts as follows: Marketing/Advertising and Promotional Material - At invoiced amount Audio visual and lighting - At invoiced amount Stage(s) - At invoiced amount Signage - At invoiced amount Power/Generators - At invoiced amount Portable Restrooms and hand washing stations - At invoiced amounts Rentals (radios, golf carts, fencing, barricades, tenting, tables, chairs, umbrellas, etc.) - At invoiced amount Decorative Items - At invoiced amount Entertainment - At invoiced amount Photographer Services - At invoiced amount Staffing and personnel-related Fees (i.e. Security, Personal assistants) – At invoiced amount Permits or licensing - At invoiced amount Any additional items requested and approved by City of Chula Vista - At invoiced amounts C. Payment Schedule City and Consultant agree to adhere to the following payment schedule for each event subject to this Agreement: 1st Payment: Due 30 days prior to kickoff meeting with City project team – 50% of Base Management Fee 2nd Payment: Due 30 days after receipt of final event invoice, Accounting Report, and Reconciliation Report – 50% Base Management Fee; 100% Base-Plus Fee, where applicable, and Revenue-generation fee, where applicable. Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through January 30, 2029 (Event Management Fee and Cost Reimbursements) shall not exceed $500,000 in consultant fees and an additional $2,000,000 for approved event expenses. 5. Special Provisions: ☒ Permitted Sub-Consultants: With City’s prior approval ☐ Security for Performance: None Page 212 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 20 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 ☒ Other: Consultant and City to develop and approve expense budget for all direct costs for each event production included in Section 4.B. or other items agreed to by the parties. The City will advance funds to Consultant to pay approved day-of expenses based on funding availability. Consultant must provide an invoice for projected day-of expenses at least 20 days in advance of each event date. City staff will endeavor to secure sponsorship and donations when applicable. City will receive and process all City obtained sponsorships and donations; these funds will not be subject to the revenue split identified in Section 4 Above. Consultant shall provide a full and detailed accounting of all payments received and expenses paid within 60 days of the event date. The accounting shall include an itemized accounting of all expenses paid, including copies of invoices, receipts, and, when requested by the City, cancelled checks. Any funds remaining on account with Consultant after payment of all event expenses will be remitted to the City. Following receipt of final event invoice, City will pay Consultant any funds still owed (as referenced in Section 4.C.). Consultant must solicit and obtain a minimum of three (3) bids for services that are in excess of Ten Thousand Dollars $10,000. Page 213 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 21 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 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 Page 214 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 22 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 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. 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). Page 215 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 23 City of Chula Vista Agreement No.: 2023-2731 Consultant Name: Soundskilz, Inc. Rev. 1/17/23 Completed by: Karen Schulman Page 216 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RFP RESPONSE RFP #P06-2024 Special Events Planner & Contractual Services for the City of Chula Vista, CA 877) 357-5459 www.soundskilz.com Page of1 33 Page 217 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 2.TABLE OF CONTENTS Cover Letter/Letter of Transmittal …………………………...3 Firm Overview …………………………………5 Experience ……………………………………..7 Organization Chart & Staff Biographies ……7 Responses to Evaluation Criteria ………………9 Proposer’s Experience ………………………9 Previous Projects & Examples …………….10 Project Description-Design-Budget …………17 Authentic Sample Budget 18 Project Management/Approach………….......19 Agency Fee Discussion ……………………..27 Executive Summary………………………….30 City References 32 Page of2 33 Page 218 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 3.COVER LETTER / LETTER OF TRANSMITTAL August 24, 2023 Dear City of Chula Vista, City Staff, Council and Mayor, On behalf of Soundskilz, Inc I hereby submit this Letter of Transmittal pursuant to the RFP P06-2024. We have thoroughly read and reviewed the RFP and certify that we completely understand the Scope of Work and requirements therein. Soundskilz is a group of senior event production gurus with over 75 years of combined large scale event design, production and management experience around the globe. Established in 2000, Soundskilz boasts a wide range of capabilities, directly relevant experience and strategic relationships which we feel uniquely qualifies us to design and execute the desired event program in Chula Vista. Our range of services and experience include: event design and production management supplier & vendor solicitation, management and logistics marketing, promotion and public relations for ticketed and public events indoor/outdoor AV design, rental, and technical production for small-to-arena scale venues box office, ticketing and revenue management event budgeting, accounting and auditing event staffing; site plan engineering artist/talent relations, contracts and booking sponsor development, sales and management retail and F&B vendor management on-premise alcohol & hospitality services traffic planning and road/highway closures Police/Fire/EMT services and Emergency Action Plan development and more. Our team is composed of industry leaders who have executed world class events across music, film, fashion, art, sports and cultural gatherings in 3 countries and 13 different states. In the pages that follow, you will find that we have worked with a wide range of clients throughout our 20+ years of experience. These experiences will help ensure the success of the Earth Day, Starlight Parade, and Harborfest events. Many of these experiences include a large number of city municipal, state and federal government entities; major media outlets; NGOs; state fairs and fairgrounds/DAAs; Fortune 100 brands; LGBTQ and ethnic cultural organizations; Page of3 33 Page 219 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda corporate retreats & summits; global film & music festivals; fashion weeks; fun runs; presidential and political campaign events and more. We have extensive experience producing multi-day events up to 30+ days in duration. Based a short drive away in Temecula, CA, we travel all over the USA, Canada, Mexico and the EU for our clients. There is truly no event that is outside of our scope or capabilities. In summary, we believe our track record and municipal experience is uniquely matched to the needs of the City of Chula Vista’s Event Planner/Production Company opportunity. If awarded this contract, we pledge our commitment to deliver amazing results on behalf of the City with full transparency, accountability and dedication to excellence, and in accordance with the terms and conditions set forth in the resulting Agreement. STATEMENT OF AUTHORIZATION I, Steve Clayton, as President of Soundskilz, Inc, am authorized to make the representations contained herein and throughout the attached proposal on behalf of the Company. I am further so authorized as the sole shareholder of the Company and its President to bind the Company to contract with the City if we are awarded the contract. I appreciate your consideration of this proposal and look forward to serving you. Sincerely, Stephen Clayton, President Page of4 33 Page 220 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 4.FIRM OVERVIEW A.Firm Specializations Soundskilz is a full-service entertainment marketing and event production agency. Our primary business is broken in to three areas: Production of cultural and music festivals under contract to municipal clients and private entities Rental of professional stage, lighting and sound equipment to large scale events Development of original IP-based owned & operated events and festivals Our range of services & skills include but are not limited to: Concept, Design and Production Management for events up to 500,000 attendees AV Design, Rental, and Technical Production for small-to-arena scale indoor and outdoor venues; Site Plan Engineering for large-scale indoor and outdoor mixed-purpose venues Event Budgeting, Accounting and Auditing for up to $10mm+ event budgets Box Office, Ticketing and Revenue Management for multiple simultaneous shows Event & Volunteer Staffing and Management for up to 300+ person event teams Marketing, Promotion and Public Relations on a regional and national scale Sponsor and Vendor Recruitment, Onboarding and Management F&B Management for Hospitality services covering tens of thousands of event attendees daily Parade and Carnival event planning including multi-acre sites and multi-mile civic parade routes Event Safety Planning and Emergency Action Plans for public scale events B.Firm Structure Soundskilz, Inc. – a registered California Corporation Founded: 2000 (sole proprietor), incorporated 2006 (stock corporation) Headquarters: Temecula, CA Satellite Offices / Executive Locations: New Braunfels, TX | Washington, DC | Goodyear, AZ | Atlanta, GA | Miami Beach, FL Staff: 10 full-time employees, 40 part-time employees Page of5 33 Page 221 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Billings: ~$10mm annually D-U-N-S Number: 835679353 Ownership: Single Shareholder, 100% Steve Clayton 39444 Calle Portillo Temecula, CA 92592 951) 712-9709 C.Financial Capabilities & Resources Soundskilz Inc has been in continuous operation and “good standing” in the State of California since its inception. Neither the firm nor its principals have ever filed for bankruptcy protection in any jurisdiction. The Company owns real property, assets & inventory in excess of $4mm. This includes a multi-million-dollar inventory of staging, sound & lighting equipment for execution of its live events and for a robust ancillary rental division providing equipment rentals to third parties. These include mobile trailer stages SL100 (24’x20’) and SL320 (40’x40’) along with concert grade audio, lighting and LED Video. The Company maintains minimum cash reserves and an institutional line of credit totaling over $1mm and has the ability to fully finance its own projects and client work on a case-by-case basis, as needed. With a flexible event-based staffing model, key company personnel located in multiple regional offices, and a coast-to-coast network of seasoned subcontractors and suppliers with multi-year histories together, the Company is capable of executing multiple simultaneous large-scale campaigns & events nationwide. Page of6 33 Page 222 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 5. Firm’s Experience A.California Municipality Experience Soundskilz has successfully executed projects for the following California cities: Huntington Beach, Upland, Cathedral City amongst others. B.Organization Chart and Staff Biographies denotes project leads for this RFP Page of7 33 Page 223 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Soundskilz Founder and Executive Producer Steve Clayton* has a distinguished history as an Event Educator at UC Riverside, coupled with 20 years’ experience producing and managing large scale events. From creating and launching The Neon Run™ annual event in 10 different markets, to producing political campaign tours, State Fairs and music festivals, Steve brings tremendous touring experience and logistics management to every engagement. sclayton@soundskilz.com Production Manager Johnny Valenti runs the Washington DC & Florida offices and oversees production design, site operations and hospitality for Soundskilz events. Johnny’s experience includes hundreds of high-profile multi-day productions including Air + Style, LA Fashion Week, Chase Sapphire Lounge at Sundance, VIP operations at the Electric Daisy Carnival, Details Magazine x Hennessy Coachella activation at The Mirage and the Latino International Film Festival. johnny@soundskilz.com Senior A/V Producer Garry Stalling has been with Soundskilz for 11 years and oversees all stage and live performance departments for Soundskilz events. Garry manages our multi-million- dollar A/V inventory and all stage planning/design/engineering, FOH and backstage operations, talent rider fulfillment and technical crews for all live performances. g2@soundskilz.com Social Media Director Casey Dolan Ashe runs the in-house digital media agency of Soundskilz, bringing more than 20 years’ experience managing paid ad campaigns and social media for hundreds of clients. Jamie has successfully executed over $20mm in digital ad campaigns for live events and has dramatically increased YOY engagement of every Year 1 festival contract engagement of Soundskilz to date. marketing@Soundskilz.com Government & Public Affairs Manager Alan Long oversees municipal relationships for Soundskilz, bringing over 30 combined years as a retired Fire Division Chief and past Mayor, Council member, Commissioner, and local events & venue business owner in Murrieta, CA. Alan has overseen critical planning for a wide scale of local, national, and international events such as: MLB World Series, NHL Stanley Cup, various festivals, conventions, marathon and many more. Alan’s institutional knowledge gives him a unique ability to balance the needs of the community along with larger municipal interests in our contract executions. Head of Finance & HR Lydia Mello, CPA manages all Soundskilz finances and event accounting operations, from billing to cash management to AR/AP to event settlement and post-event auditing. Lydia oversees all contract payments, revenue share collections and accounting, payroll, disbursements and post-event audit reporting for Soundskilz events to ensure clear and transparent reporting for all stakeholders. accounting@Soundskilz.com Page of8 33 Page 224 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 7.DETAIL RESPONSES TO EVALUATION CRITERIA A. Proposer’s Experience Our specific event history and experience affords us a unique opportunity to fulfill the needs of this RFP. Over the years we have produced numerous multi-day festivals, concerts and events and managed all key elements of the events on a turnkey basis. Some examples include: Municipal: We are the current Agency of Record for the Huntington Beach annual 4th of July Festival (500K people annually); City of Upland Upland Lemon Festival (100K attendees), Cathedral City LGBT Days and Taste of Jalisco Festivals (15K attendees each) and City of Westminster Taste of Westminster launching 3Q 2023) and have successfully won numerous other government contracts over our 20 year history. Travel & Tourism: We have years of experience working with airlines, tourism and convention/visitor bureaus, municipal government Special Events departments, destination properties/resort cities, high end travel media, luxury travel concierges and more. Our clients and experiences have included Greater Coachella Valley CVB, VisitHB, Palm Springs Life, Travel + Leisure and more Diversity & Community: Our contracts have us overseeing various events targeted to numerous demos, from families to adults to millennials/Gen Z, cultural segments from Latino to LGBTQ+ and more. Diversity is a core principle of our event planning and marketing in every municipal event we manage. Carnival & Amusements: We have partnered repeatedly with some of the largest carnival operators in the nation, to subcontract for Carnival rides and operations successfully at multiple municipal events over the last 3 years. Our carnival partner would be prime subcontractor for us to provide the necessary carnival design and planning/execution for this project. Sponsorship: In the last 10 years we have procured over $6mm in corporate sponsorship for events, with deals from $2000 to $200,000 per event/category, enabling local/small businesses and national brands alike to participate at appropriate budget levels. Past event sponsors have included Tesla, AB InBev, Page of9 33 Page 225 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Beam Suntory, Deep Eddy Vodka, Dick’s Sporting Goods, La Crema Wines, Comcast NBCUniversal, Prime Video, ABC7, Hint Water, Monster Energy, Red Bull and over 65 more brands/companies. Marketing & Media: Our in-house digital media agency and regional PR teams will enable us to bring an expanded geographical reach to events, drive wider awareness and build sizable earned-media opportunities ties to destination marketing goals. We have worked repeatedly with the top PR firms, lifestyle media companies and bloggers in North America on PR campaigns, media barter/ sponsorship and branded co-productions since our inception. Soundskilz will be able to garner your city more earned media for your event - period. Examples Included: (Click Link For One Page Statistics) HB 4th Of July 35,222,379+ TOTAL POTENTIAL AUDIENCE FROM NEWS ARTICLES 133,370,244+ TOTAL POTENTIAL AUDIENCE FROM BROADCAST SEGMENTS 14,382,300+ EST OF WHAT THESE PLACEMENTS WOULD HAVE COST IF FEATURES WERE PAID VS EARNED 168,592,623 Total Potential Audience From Earned Media Upland Lemon Festival 46,660+ TOTAL POTENTIAL AUDIENCE FROM NEWS ARTICLES 28,565,176+ TOTAL POTENTIAL AUDIENCE FROM BROADCAST SEGMENTS 3,985,615+ EST OF WHAT THESE PLACEMENTS WOULD HAVE COST IF FEATURES WERE PAID VS EARNED Page of10 33 Page 226 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda AV Production: We own a multi-million-dollar inventory of staging, lighting, sound, video and tech equipment which enables us to control costs and limit the number of external vendors required to produce large scale events. This includes a smaller SL100 Mobile Trailer Stage and an SL320 Main Concert Mobile Trailer Stage. Stageline SL100 with LED Wall and Full Branding Package 20’x24’ Mobile Hydraulic Stage Page of11 33 Page 227 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Stageline SL320 40’x40’ with 32’ Roof 40’x40’ Mobile Hydraulic Stage 53’ Double Decker Brand Bar w/ Roof Top Viewing Deck Page of12 33 Page 228 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Talent Acquisition: We have secured performing talent and celebrity appearances for literally hundreds of events worldwide, and maintain deep connections to top talent agencies, managers and publicity teams in numerous entertainment verticals. Our history includes securing concert performances of more than 50 platinum- selling music artists, in addition to literally thousands of local and regional bands for events across the country. Talent list available upon request. Below is a selection of event productions we have managed in recent years, along with references and links to key supporting materials and press coverage. Further information on any event listed (or additional examples from our history) is available upon request. Huntington Beach 4th of July Festival www.hb4thofjuly.org Instagram Synopsis: The largest 4th of July celebration west of the Mississippi, a 118-year-old tradition attracting 500K annual attendees from the entire west coast, 15+ additional states and the greater LA/San Diego metro regions and beyond. Open to public. Events Managed: multi-day Pier Vendor Festival (100+ vendors/sponsors, 30+ live performances) and multi- ride Carnival installation on PCH, Surf City Run 5K (4000+ entrants), Main St Kickoff Block Party, 4th of July Parade (2.5 miles, 300+ entries), Fireworks Over The Ocean. Scope of Work: Official Agency of Record, responsible for ALL event concept design, planning, permits, vendor/sponsor sales, event staffing, budget planning, subcontractor bids management, marketing/advertising/PR, social media, City BID relations, site plans/ engineering, creative, live music/stage production, photo/video/content and event recap Broadcast TV Clips Print/Digital Media Clips 2023 Sponsor Deck Reference/Contact: Molly Uemura, Community Services Supervisor - Specific Events Page of13 33 Page 229 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Cathedral City LGBT Days & Taste of Jalisco Synopsis: Soundskilz was awarded the official City Agency of Record contracts to produce the 2022 Taste of Jalisco (Feb) and LGBT Days (March) Festivals in Cathedral City, CA, returning both events to form after a 2- year hiatus due to COVID. In 2023 we produced the events again, with substantial YOY growth Taste of Jalisco features a muti-day Carnival, Auto Show, Vendor Festival (40+ craft and food vendors), community stage and headline live performance in the brand-new Cat City Amphitheater. LGBT Days features a Live Comedy concert with Del Shores, the annual Bed Race and Parade, Hot Air PRIDE Balloon Rides, headline concerts with 8x Granny nominee Lance Bass, O-City and Ryan Cabrera and secured major sponsorships including 2 regional radio networks, Agua Caliente Casinos, The Abbey LA and NBC Palm Springs. Outcome – Taste of Jalisco set all-time records for attendance and LGBT Days returned successfully as the first Pride of the year in CA, and Soundskilz executed the first-ever large-scale concerts at the new Cat City Community Amphitheater. In April 2022, Soundskilz was awarded 2-year extensions of both contracts through 2024, and 50% budget increases to continue growth of both events by unanimous vote of the City Council. https://www.tasteofjalisco.com/ Official Event Creative Press Clip https://www.cathedralCitylgbtdays.com/ Official Event Creative 2023 Sponsor Deck Reference/Contact: Ryan Hunt, Communications / Events Manager Page of14 33 Upland Lemon Festival https://www.uplandlemonfestival.com Synopsis: Soundskilz was awarded a multi-year contract to produce the Upland Lemon Festival in the post- COVID era, which for 25+ years has celebrated the City of Upland, CA and its citrus grove history. Outcome – with less than 8 weeks of planning & marketing from the date of the award, the event attracted over 60,000 attendees and participation of 150+ vendors and food trucks, and operated with a perfect safety record and a substantial net operating profit Reference/Contact: Michael Blay, City Manager Page 230 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda OTHER EVENTS/FESTIVAL HISTORY – Details/case studies available upon request Boots in the Park - Production Management for multiple concert events in different marketings. Including Fresno, CA. Jon Pardi, Dustin Lynch and others. San Diego, CA. Old Dominion, Carrie Underwood and Cole Swindle. KKBT (Los Angeles) Summer Jam concert with 20 pop acts and audiences of 50,000+ Amaze Light Festival (Norco, CA) – Over 1M holiday lights festival with 80,000 attendees Site Logistics & Production for the San Diego Holiday Bowl Parade featuring 100+ floats 5-year contract with the Rose Bowl Tailgate Festival to manage production, talent & AV Steve Harvey live national comedy tours and Las Vegas Weekend Extravaganza “The Neighborhood Awards,” a 3-day weekend that hosts 175K attendees across 5 casino resort properties. Included multiple celebrity, ticketed performances of over 10,000 attendees The Neon Run in 10 Cities across the country and in Canada, Nighttime 5k Glow Run and Party spanning 20 events and over 125,000 attendees. Full production management of LA Taste of Soul on historic Crenshaw Blvd with 100k+ ppl 5k Foam Run - Goodyear, AZ ballpark & Washington DC Area Bernie Sanders 2016 & 2020 Campaign Tour Arena Events- US / Nationwide Chalice Cannabis Music Festival - The Coachella of Cannabis Festivals. Executive producer for 2015-2018. With over 500 vendors, 40k attendees over 3 days. 3 stages and 40 musical and art acts. Managed a $3m budget for execution which saw 50% YOY growth. Talent line ups included: Wu Tang Clan, Ice Cube, Thievery Corporation, Cypress Hill, Big Boi, Machine Gun Kelly, Buster Rhymes, STS9 and many others. Happy Place Music Festival - 2016 Cannabis New Year’s Eve Festival. 100 brands and sponsors with a talent line up including: Post Malone, Dirty Heads, Rae Shremmurd, 21 Savage, D.R.A.M and many others. B-D. Project Description, Design Concept and Project Budgeting The RFP requests that we provide an overview of the project concept. As reviewed, it appears the city is looking for the most qualified firm to help in the execution of their city’s own events. Soundskilz proposes a model to partner with the city of Chula Vista in a collaborative method. Our method enables Chula Vista control a d direction of their events, while Soundskilz will manage all the risk, accounting, details and execution of the events. This saves the city man hours, and liability while leaving the execution to event professionals. Page of15 33 Page 231 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda The areas of focus that Soundskilz proposes to cover include but are not limited to: Event Layout Design Event Budgeting (Sample Upland Lemon Festival P/L) Coordination with city departments & staff Supplier RFPs: Selection, Management, Insurance & Payment Licensing & Permitting Marketing & Media Relations Coordination of programing and Talent Selection Sponsorship Development, Solicitation and management Vendor applications and management Ticketing & Credentials Public Safety All of these elements are standard to any large municipal festivals. By allowing an outside agency to partner with the city, the city will save time, man power and risk. In our experience, how they are packaged and presented as an overarching “concept” is highly dependent on numerous variables. For instance, the RFP provides no creative guidelines other than the mention of an annual spend amount and a list of various events that “could” take place. We feel it is critical to note that in our combined 40+ years of professional experience with municipal clients, we have found that it is nearly impossible to present fully formed event concepts with actionable, viable production plans, creative design or realistic budgets without extensive detailed planning time, highly specific input from the client City, and approvals of key elements which dictate certain parameters of production. This is simply the reality of production in a municipal setting and particularly for events that are annual traditions. Where very specific event variables, City codes, community sentiment, historical precedents, seasonal fluctuations in pricing and political expectations of elected officials all must be considered. Some examples of key information required to deliver realistic/actionable plans and budgets, but are not stated in the RFP or Response to questions, or cannot possibly be accounted for prior to winning the award, include: City’s financial objective(s) re: event outlays; make a profit, break even or engage in net expenditures on funded events City preferences/restrictions over music genres, and expectations for the Page of16 33 Page 232 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda entertainment referenced in the RFP. Amount of City control/input over event specifics once a concept/scope is approved including talent selection, event creative, branding, etc. Municipal code limitations on events in various areas including noise ordinances, special event permit limitations, turf/lawn damage mitigation, alcohol laws, etc. Ability to close roads and analysis of available routes for special events, and review of associated costs/policies and public safety requirements barricades, PD overtime, etc) Mandates to utilize local businesses for preferred bids on goods & services Max public assembly caps or triggers on attendance which change required planning and use of City services Tourism metrics the City may be attempting to achieve to plan local vs regional marketing and advertising campaigns City-owned assets (venues, advertising, etc.) and City services that are available to event producers, including fee schedules and/or fee waivers Effects of inflation and price indices on costs quoted today versus execution date If chosen as the most qualified agency to design and execute the list of events on the Cities behalf, it would be our intent to immediately undertake the process outlined in our Project Management Approach (below), and work with the City to achieve meaningful, realistic decisions on event specifics and develop detailed, accurate budgets for consideration and approval. We would estimate a planning process of 30-60 days after award to finalize specific details of the event and deliver an accurate version 1 of the project budget for consideration. Without a detailed deep dive into the above-referenced topics and more, there is simply no feasible way to deliver an accurate, achievable (or even community- informed) project concept and budget beyond the basic description already listed in the IFB. Page of17 33 Page 233 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Sample Budget: This is a true and accurate P/L from one of our past city municipal festivals this year. Page of18 33 FESTIVAL 2023 Profit and Loss Total 2022 Total Change Income Festival Vendor Space 234,599.60 151,316.00 83,283.60 Merchandise Sales 505.00 2,640.00 -2,135.00 Parking 24,610.00 13,100.00 11,510.00 Revenue Share Amusements Revenue 92,888.70 77,795.00 15,093.70 AX Sales 2,087.50 0.00 2,087.50 Bar Sales 91,594.88 64,920.00 26,674.88 Food Vendor Revenue 262,403.08 110,644.00 151,759.08 Total Revenue Share 448,974.17 253,359.00 195,615.17 Sponsorship Income 55,828.00 27,000.00 28,828.00 Total Income 764,516.77 447,415.00 317,101.77 Cost of Goods Sold / Expenses Total Festival Supplies 10,561.85 15,095.00 -4,533.15 Project Staff Parking Labor 10,586.00 1,095.00 9,491.00 Production Staff 57,314.56 41,576.00 15,738.56 Total Project Staff 67,900.56 42,671.00 25,229.56 Accounting Fees 12,914.55 7,025.00 5,889.55 Marketing & PR 23,334.70 12,369.00 10,965.70 Print & Signage 4,873.00 7,061.00 -2,188.00 Meals - Staff 5,396.31 4,179.00 1,217.31 Insurance & Risk Mitigation 11,467.75 5,816.00 5,651.75 Outside Agency 27,425.00 15,740.00 11,685.00 Permit & License 5,168.00 1,484.00 3,684.00 Public Safety 132,917.64 77,507.00 55,410.64 Venue Rent & Lease 5,800.00 1,000.00 4,800.00 AV Rentals & Stage Labor 103,701.99 60,395.00 43,306.99 General & Production Rental Equipment 122,681.47 73,507.72 49,173.75 Total Rental Equipment 276,133.45 133,902.72 142,230.73 Sanitation 38,433.12 43,413.00 -4,979.88 Talent Buying 15,274.25 11,800.00 3,474.25 Travel, Lodging, & Transportation 23,450.77 25,411.00 -1,960.23 Travel, Prior Year loss 10,000.00 Total Cost of Goods Sold / Expenses 671,050.95 404,473.72 256,577.23 Net Operating Income 93,465.82 42,941.28 60,524.54 Net Profit 93,465.82 42,941.28 60,524.54 Page 234 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Project Management Approach/Methodology We have refined a unique and proven approach to municipal engagements over the years, centered around key research into historical data, planning milestones and execution steps. Our key steps to any successful event include: 1.Conduct a review of prior event executions in the City, to determine successful best practices and identify past execution problems, any potential liability issues, and any history of commercial disruption issues/complaints with neighboring businesses. 2.Conduct informal surveys and/or 1:1 interviews with previous vendors, sponsors, City stakeholders, local Chamber and Tourism entities, etc. to gauge their direct experience with prior local events and solicit recommendations for future improvement and measure community sentiment and awareness. 3.Analyze tourism trends, hotel/bed inventory, parking/transportation options and other key travel- based metrics to determine how best to position, market and program the event to maximize reach and draw. Establish a specific network of tourism/travel-related partners and assets that can be activated on a scalable basis to promote and service the event. 4.In collaboration with the City, review all vendor and commercial rules & regulations, and set up appropriate licensing protocols for on-site event vendors to ensure compliance across all participants and activities. This step also encompasses initial setup of our online Vendor Portal for applicants via the LENND platform 5.Analyze existing City-owned digital/online assets, and with our in-house digital agency team integrate official event sites and social channels (and/or create new channels for same) to streamline event functions and maximize data capture value/opportunity. This includes websites, social channels, participant/ vendor application processes, required document management, FAQ’s, ticketing functions (if necessary), help desk (email) using our standardized suite of platforms, including WebConnex, LENND, CMS frameworks and back-end business advertising tools. 6.Propose an initial pro-forma built out with all expenses and potential revenue scenarios for the city’s review and approval. Page of19 33 Page 235 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 7.In conjunction with the pro-forma, develop and initial site plan/layout and timeline for the event. The budget, timeline and site plan must be built in conjunction with one another; as no one product lives in a vacuum. A change to one item will cause a change to another. 8.Set-up weekly staff meetings and individual departmental staff meetings. Below is an example of what previous events require for our department leads. 120-90 days prior department heads will be working about 6-8 hours per week 60-90 days prior department heads will be working about 10 hours per week 30-60 days prior 15 hour per week 5-30 days prior department leads will be working about 20 hours per week Build, Run of Show & Post Event department leads could be working about 15 hours per day. 9.Coordinate with City to identify all appropriate City-owned advertising and sponsorship assets and clear them for usage – signage such as light poles, OOH locations, digital billboards, kiosk advertising, etc. and activation opportunities such as experiential buildouts, concession exclusivity, venue naming rights, etc. - and ensure the permit process is vetted and known for each specific use- case. 10.Develop high quality print and digital sponsorship presentations and event-specific advertising materials to promote the event alongside City advertising campaigns. 11.Develop service-specific RFPs and conduct competitive bid processes for best- in-class vendors, with an eye towards prioritizing local merchants and service providers to keep the spending within the local community, as well as observing any City-preferred HUB/MBE/LBE policies. Additionally deploy sponsorship sales teams at local, regional and national levels to pitch our 20+ year network of commercial partners in multiple markets. 12.Develop new and/or expanded integrated marketing and PR campaigns to simultaneously promote the event and the City to grow reach, commercial opportunities and media coverage. Special emphasis will be placed on digital media and technologies, regional media partners, influencer relationships Page of20 33 Page 236 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda particularly local/regional talent) and strategic relationships with key brand partners. 13.Manage the ongoing planning and fulfillment of the event requirements up through the actual event date and post-event recap period. 14.Provide the City with a full post-event review, best practices report, media/PR recap with clips/content/statistics and recommendations for future years and best practices. This methodology has been honed and refined over numerous municipal event throughout the country. The result of these productions has repeatedly proven to deliver growth in multiple key metrics at our newly awarded/contracted events, including audience reach, engagement metrics, sponsorship dollars secured and earned media results for the host City and stakeholders. Additional Event Deliverables Per Event Based upon each events needs we take additional steps in planning and executing successful events with our municipal partners. These may include: Talent Booking Upon review of events, we develop target lists of performers and live acts with consistent local awareness/reputation (such as the top “bar bands” and club DJs at the most popular local venues). Along with regional/ national artists who have successfully toured the area. All acts are vetted to also meet the genre-specific needs of each specific event. Once a target list of artists is agreed/approved with the City, we begin negotiating offers through our talent contacts and direct with artists. Talent buying is much the same as buying a home. There are two sides. It is important to know certain things that could cost a buyer a lot of money after the contract is signed. This is one of our specialities. Objective is to typically secure lineups for events 90-120 days before the event date Marketing & Event Communications Appraisal of existing online assets, and rollout of websites and social media channels (FB, IG, TikTok) for events Create a paid online media campaign per-event to attract authentic, Page of21 33 Page 237 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda segment-targeted audiences focusing on tourists/visitors, regional awareness and in key geo-targets for the City as defined in local CVB/ Tourism Dept guidelines. Develop a content posting schedule led by our dedicated social manager, to include: o Save The Date announcements o highlighting “greatest hits” content from prior year events (if applicable) o influencer engagements and cross-posting o online polls and contests for the local community to raise awareness Assessment of City tourism marketing efforts and how to cross- promote and amplify the campaign vis-à-vis specific events Appraisal of local radio, travel guide and CVB/Tourism agency assets/ channels we can use to promote Local signage, flyer/poster and print campaign resources Direct outreach to all local businesses to pitch B2B vendor opportunities and advertising assets during the event (banners, signage, booths), and to create internal promotion incentives to secure storefront signage for event posters, email blasts to their customer databases, etc. Food & Beverage We have extensive experience managing F&B operations at large-scale events and understand the critical importance of an effective hospitality management program. The contribution of F&B revenues to the bottom line, concerns of alcohol liability and the relevance to the customer experience at points of service are all critical factors in the success of any event. Through our Vendor Coordinator we conduct an extensive campaign to recruit top local food vendors to set up during events and provide a wide-ranging culinary experience (when applicable) On an event-specific basis, and after a thorough review of the venues’ available infrastructure (power, water, concession locations, etc.), we propose an ideal mix of food operators and effective food management plan to maximize revenues and provide relevant and high-quality experiences to attendees. Furthermore, our vendor onboarding protocols and onsite management ensure 100% health code compliance at each event and seamless auditing for revenue management. Page of22 33 Page 238 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda We request alcohol policy-specific meetings with the City to discuss local laws, protocols, liability concerns and licensing options before determining any event-specific plan(s). Options on a per-event basis include awarding a third-party alcohol licensee a management contract for alcohol concessions, or to secure an event-specific license in partnership with a local non-profit – and thereby manage all alcohol operations “in-house.” Production & Administrative Services Soundskilz is a full-service live event production company, specializing in 360-degree event planning and management at venues from raw spaces to fully built halls and arenas. We own, and can provide our own staging, audio, LED and AV to events where appropriate. When we contract with a city municipal client, our agency fee is transparent and along with our costs to our contractors. We subcontracted services on a per-event basis at no cost mark up. These services would typically include the following rental services and labor providers: o Fencing and barricades o Canopy tents for vendors (fire-rated) o External generators and power service (25 kVA and above) o Licensed and bonded security personnel (crowd control and backstage) o Porta-potties and janitorial services Our in-house accounting team operates on site during all events, managing all cash handling, revenue collections, F&B daily audits, expense disbursements and HR-related tasks such as signing in/out shift employees and day labor. This enables quick and efficient settlement of our events and a professional back-office presence for handling employee issues during event production. At each event, we maintain/operate a General Services Help Desk/ Information booth for attendees staffed by full-time production team members and volunteer staff. This enables us to provide real-time customer service across multiple areas, from refund requests to first aid to general inquiries and more, and ensure a high level of public facing customer service which also provides us constant feedback and insights into the event itself for future review. Public Safety, Regulations & Permits Page of23 33 Page 239 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Soundskilz has extensive experience working with every level of government agency to ensure smooth, safe and legal execution of every element of event activities. Public Safety is a paramount concern at every event we produce, large or small, and we proudly point to our 100% safety record at every major event we have produced – including those that have featured commercial alcohol promotions and even cannabis consumption. Our experience includes having worked on event protocols, permitting and activation specifics with: US Secret Service US Federal Marshals Service US Dept of Homeland Security FAA Chicago Dept of Aviation CA Dept of Food & Agriculture CA ABC and alcohol agency equivalent in 7 other US states CA District Agricultural Associations (multiple) CA Bureau of Cannabis Control County and State health departments nationwide State, county and local police forces City Fire Departments City and County Councils / Boards and more… Our team is highly experienced in researching all applicable legal requirements and ensuring that all activities are properly licensed, insured and operated within all applicable code requirements. We pride ourselves on our risk mitigation policies and planning skills, and work collaboratively with all government stakeholders in our events to ensure safety, compliance and fulfillment of all necessary obligations months and weeks in advance of every event. This conduct extends to our vendors and subcontractors, all of whom are given comprehensive pre-production guidelines and all necessary permit materials that must be completed before they commence activation on a Soundskilz job or event site. We expect to work closely with City Staff and departments to conduct pre-event public safety meetings and develop Emergency Action Plan(s) as required for each activation. In addition, we shall highlight all necessary permits and required code compliance months in advance of the event to our vendors, suppliers and Page of24 33 Page 240 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda subcontractors, and will use our technology-based event platforms to provide constant monitoring of required filings, permits and approvals through every step of the production process. Volunteer Groups & Charity Experience Through over 100 of our smaller event productions and in virtually every major festival, the Soundskilz team has extensive experience integrating volunteer groups and non-profits, NGOs and other similar organizations. We work with local NPOs to determine opportunities for volunteer staff, discounted or free booth space and cross-promotional campaigns to help them spread their message and campaign drives. Some examples include: Our standard practice of creating a non-profit “Community Corner” vendor program at every applicable festival, with substantially reduced or zero-cost pricing for NPOs and community organizations to set up vendor experiences/booths and engage the local community; we dedicate a portion of our ad spending and onsite branding/signage to promote these initiatives at each event Designing and managing a volunteer program during the Huntington Beach 4th of July Festival, comprising 100+ volunteers from local organizations such as Junior Life Guards, to manage the parade route, merchandise and ticket sales, and a 5K fun run for thousands of entrants. Volunteer groups received donations from the event budget for their contributions. Collaboration Model We value collaboration with multiple event stakeholders in every event we produce and in municipal events such as contemplated in this RFP, cooperation and communication among many parties is paramount to success. Through our upfront survey process of prior stakeholders and participants, we allow people to be heard, gain wisdom from their own firsthand experiences with local events, and help shape best practices and YOY proposals that can only improve the experience and reputation of the events that take place in the City We typically conduct monthly and then weekly event status calls and/or in- Page of25 33 Page 241 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda person meetings as event dates approach. As well, we remain available for on-demand meetings for urgent or timely event requirements as needed/ Our key subcontractor personnel are welcome and invited on team calls and specific issue meetings, to ensure that all parties responsible for execution of critical path elements are “part of the conversation” that affects their performance and deliverables/scope of work. Key decisions are therefore able to be informed by the experts in each department or service that needs to be addressed, and things do not get lost in translation or layers of management. We maintain dedicated email accounts for each event (for example, festival@, vendor@, siteops@, publicity@, accounting@ ) that give partners direct lines of communication to our executives and department teams for prompt routing and response to questions and concerns. We utilize advanced team collaboration tools, including ASANA, Slack and others that can be opened to each stakeholder in the event who needs to interact with our direct planning schedules, document repositories and internal chat threads about specific event planning issues. Through this approach, we have successfully executed large scale events involving government officials, corporate partners, publicity/media teams, technical production units, vendors, suppliers, sponsors and more in a unified system with minimal friction and quick access to answers and solutions at every step of the event production and planning process. Company Philosophy: “We live for creating memorable moments" At Soundskilz, our philosophy revolves around creating unforgettable live events that bring communities together and leave a lasting positive impact. As an event company specializing in producing live experiences for city municipal clients, we understand the profound influence these gatherings have on the social fabric of a community. Our philosophy is rooted in four core principles: 1. Community-Centric Approach: We believe that every event is an opportunity to foster unity and celebrate the diverse tapestry of a city. Our approach is deeply embedded in understanding the unique characteristics, traditions, and aspirations of each community we serve. By collaborating closely with our municipal clients and involving local stakeholders, we ensure that our events resonate authentically with the people they are meant to inspire. Page of26 33 Page 242 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 2. Creativity and Innovation: We see every event as a blank canvas, waiting to be transformed into a masterpiece of creativity. Our philosophy encourages us to push the boundaries of conventional event planning, exploring innovative concepts and technologies that elevate the experience to new heights. By seamlessly blending artistry and technology, we craft events that surprise, delight, and engage attendees in ways they never imagined. 3. Exceptional Execution: A great idea can only truly shine when executed flawlessly. Our philosophy hinges on meticulous planning, attention to detail, and a relentless pursuit of perfection. From the initial conceptualization to the final applause, we leave no stone unturned to ensure that every aspect of the event aligns with our client's vision and exceeds their expectations. 4. Sustainability and Social Responsibility: We understand that the impact of our events goes beyond the immediate spectacle. Our philosophy embraces environmental stewardship and social responsibility. Through sustainable event practices, we minimize our ecological footprint while leaving a positive mark on the community. We engage with local businesses, promote inclusivity, and actively seek ways to give back, leaving behind a legacy of goodwill. 5. Collaborative Partnership: Our philosophy extends to building strong and enduring partnerships. We view our municipal clients not just as customers, but as partners in our journey to create transformative experiences. We foster open communication, mutual respect, and a shared dedication to bringing the vision to life. By working hand-in-hand, we forge relationships that withstand the test of time. At Soundskilz, our events are more than mere gatherings; they are milestones that mark the evolution of cities and their residents. With our unwavering commitment to community, innovation, execution, sustainability, and partnership, we strive to weave the threads of memorable moments that leave a lasting impact on hearts and minds. Agency Fee Discussion for Comprehensive City Municipal Event Management Our fee structure is designed to provide transparent pricing while accommodating the unique needs of each event. We offer competitive rates that reflect the depth of our expertise and the quality of our services. In our experience, we have seen many different ways of operating financially in the context of a municipal services contract – and these are most often (and necessarily) determined by specific financial conditions set forth by the City. The factors that must be considered in any Fee Proposal for this RFP include, but are not limited to: Page of27 33 Page 243 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda City Budget expectations and fiscal year approved funds for the event Quantity of events produced per year Level of talent desired and total talent budget allocated for the event City funds for general tourism, advertising and promotional campaigns which may or may not offset event advertising costs Mandate of event to drive bottom line revenue gains, break even or operate as loss leader Known costs for mandatory and specific services required from the City based on approved scope Ability of City to waive specific fees or provide in-kind services and assets such as venues, power, water, Fire, PD, Public Works, OOH advertising assets, etc. Inflationary outlook for the event window which is 6+ months away Without having a significantly deeper discussion with the City to ascertain the above data points, and those outlined in the paragraphs above, it is not possible to propose a straightforward fee schedule. We are able to outline two practical scenarios around which a financial arrangement can be modeled if we are awarded the contract. These models have been proven successful in our prior arrangements with other municipalities, and we remain open and willing to discuss and/or negotiate specific terms during a final round interview with the City to clarify a final Fee Proposal amenable to the parties. SCENARIO A. Fee for Services City to pay Soundskilz a fee for services, to be determined against an approved final plan of specific activities with all scope of work, expected outcomes and all material details known and articulated in a Production Services Agreement The fee would take the form of a single fee for the entire scope of work, based on a flat fee or a combination of fee + blended agency rate for hourly billing of specific services The City would assume 100% of the financial obligations for the events and must allocate budgets to the approved plan SCENARIO B. Revenue/Profit Sharing Soundskilz can agree to a lower agency fee guarantee and/or waiver of hourly rate Page of28 33 Page 244 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda billings if it is able to participate in revenue sharing across applicable streams – such as F&B vendors, operating the bar as the licensee, ticketing, parking, sponsorship and more. We understand that each municipality's budget and requirements can vary. Our proposal is crafted with the flexibility to tailor our services to your specific needs, ensuring that you receive exactly what you need while maximizing the impact of every dollar spent. Both models have been proven to be historically successful in our direct experience and can be modified and/or combined in various ways to match the objectives of the City once they are more fully understood. It is our expectation and hope to discuss those objectives with the City if selected as a finalist for the RFP. Our fee proposal is not just about monetary investment; it's a commitment to delivering unmatched value. With a proven track record of successful municipal events and a deep understanding of your city's unique dynamics, we're confident in our ability to exceed expectations and provide a return on investment that extends far beyond the event itself. E. Project Team Please refer to Page 7, above, under Organization Chart, for an overview of our project team and biographies. In addition to our project team, we would intend to subcontract KASTL AMUSEMENTS, an Arizona-based Carnival operator, to manage and deliver the required carnival services once final event details are confirmed with the City. F. Time Frame As stated above, we would estimate an initial planning process of 30-60 days after award to finalize specific details of the event and deliver an accurate version 1 of the project budget for consideration. This would encompass the initial phases of the Project Management Approach outlined above. Additional project benchmarks that we would anticipate include: Talent Offers: 90-120 days prior to event Talent Announce & Ticket Sales: 45-90 days prior to event Page of29 33 Page 245 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Social Media Tease: within 30-45 days of Award Advertising Campaign Tease: 90-120 days prior to event Advertising Campaign (full): 60-90 days prior to event Call for Retail and F&B Vendors: within 30-45 days of Award (including live applications) Other key benchmarks such as final venue layout, permits, public safety plan, power/ sanitation supplier RFPs, etc will be dependent on the required City inputs and subject to City guidelines and internal timelines. As we own all the requisite stages, lighting and sound needed for the event, there would be no need for a hard date to secure those subcontractors/suppliers. THIS SPACE LEFT INTENTIONALLY BLANK >> Page of30 33 Page 246 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda G. Executive Summary We firmly believe that our years of responsible and successful event planning with municipalities – both large and small - have uniquely qualified us for success in this RFP. Our track record and our references will bear this out. We operate in multiple different states. Do not let the corporate headquarters worry you. This year alone, we have worked with or produced events in: Arizona, Washington, Idaho, Utah, Nevada, California and Texas. We have just been approved as a vendor for Seminole Tribe in Florida for their upcoming festivals along with negotiating a contract with Williamsburg Virginia. We pledge to be attentive and responsive to the local City of Buckeye needs. As the proposal content above demonstrates, we have the requisite experience to help guide the City of Buckeye to create a truly unique, memorable and successfully manage their community events for which the city can be proud. We believe that a successful plan to create and execute this event, while considering community interests and all the logistical and planning realities, will require a detailed research and discussion process before a final concept, creative design and realistic budget can be presented for adoption and approval. We also believe that the city may not choose or need 100% of our offerings. Soundskilz is willing to consult or work on toward a more specific scope of work if the city so chooses. This could be full scope production, just talent booking, vendor management or just staging and audio. If chosen as the most qualified agency to meet the City’s needs we are ready, willing and able to engage the City immediately in that process as part of negotiating an initial agreement for services. Upon completion of the requisite research and discussion process, we can flexibly adapt our fee scenario to meet the City’s objectives and provide the best service at the best price. We have the financial means to manage the event’s upfront costs and the interest in an incentive-laden fee structure if that is the best option for the City’s budget Page of31 33 Page 247 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 8.REFERENCES Huntington Beach 4th of July Festival www.hb4thofjuly.org Instagram Synopsis: The largest 4th of July celebration west of the Mississippi, a 118-year-old tradition attracting 500K annual attendees from the entire west coast, 15+ additional states and the greater LA/San Diego metro regions and beyond. Open to public. Broadcast TV Clips Print/Digital Media Clips 2023 Sponsor Deck Reference/Contact: Molly Uemura, Community Services Supervisor - Specific Events Cathedral City LGBT Days & Taste of Jalisco Synopsis: Soundskilz was awarded the official City Agency of Record contracts to produce the 2022 Taste of Jalisco (Feb) and LGBT Days (March) Festivals in Cathedral City, CA, returning both events to form after a 2- year hiatus due to COVID. In 2023 we produced the events again, with substantial YOY growth https://www.tasteofjalisco.com/ https://www.cathedralCitylgbtdays.com/ Official Event Creative Official Event Creative Press Clip 2023 Sponsor Deck Reference/Contact: Ryan Hunt, Communications / Events Manager Page of32 33 Page 248 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Upland Lemon Festival https://www.uplandlemonfestival.com Synopsis: Soundskilz was awarded a multi-year contract to produce the Upland Lemon Festival in the post- COVID era, which for 25+ years has celebrated the City of Upland, CA and its citrus grove history. Reference Contact: Michael Blay City Manager Promotional Video Post Event Earned Media Value 2023 Sponsor Deck Page of33 33 Page 249 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Grassroots Resources has represented several political and corporate clients in the past few years, including multiple marijuana dispensary clients who applied under the City’s cannabis licensing program, and another consulting firm that specializes in representing cannabis clients, but Councilwoman Cardenas has never disclosed any names of clients who have generated income for her company. One client has been Blue Water Governmental Affair, a local firm specializing in representing cannabis dispensaries. Blue Water is owned by Dallin Young, the former head of the Association of Cannabis Professionals that worked with Grassroots Resources on cannabis ballot initiatives in local cities. Cardenas does not disclose the nature of the work. Page 250 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 251 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda v . 0 0 4 P a g e | 1 January 9, 2024 ITEM TITLE Purchase Agreement: Approve the Purchase of Police Vehicles from Sedano Ford and Bob Stall Chevrolet Report Number: 24-0011 Location: No specific geographic location Department: Police G.C. § 84308: No 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) authorizing the purchase of up to 25 Ford Interceptor Utility Hybrid Vehicles from Sedano Ford, and B) authorizing the purchase of 10 Chevrolet Blazer 9C1 Police Package Vehicles from Bob Stall Chevrolet. SUMMARY On November 6, 2023, the City of Chula Vista issued two Requests for Bids (RFB) for up to twenty-five (25) Ford Interceptor Utility Hybrid vehicles and ten (10) Chevrolet Blazer 9C1 Police Package vehicles for the Police Department. As a result of the bid process, the City is recommending to purchase the vehicles from Sedano Ford and Bob Stall Chevrolet. 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. Page 252 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Citizens’ Oversight Committees for both Measure P and Measure A recommended City Council approval of funding police vehicles, as outlined in the City Infrastructure, Facilities and Equipment and Public Safety expenditure plans for Measure P and Measure A, respectively. DISCUSSION In March 2023, City Council approved a Shared Assigned Vehicle Proposal for the Police Department, which authorized the department to purchase an additional twenty (20) patrol vehicles to expand the existing patrol fleet using Measure A funds. An additional ten (10) patrol vehicles are scheduled for replacement using Measure P funds. Although each respective Citizens’ Oversight Committee approved police vehicle purchases in the Measure A and Measure P spending plans, the Police Department has not been able to purchase these vehicles due to Ford vehicle production delays. Issues such as semiconductor chip shortages and shipping problems have affected the ability of manufacturers like Ford to keep their production lines going over the last three years. As such, all of the brand’s vehicles are currently experiencing some delays. Overall, the average wait time for a Ford is currently estimated at 188 days, as compared to 94 days in January 2022. Because of vehicle production delays, the Police Department expanded its patrol vehicle model options to Ford Interceptors and Chevrolet Blazers. As a result of recent Request for Bid (RFB) processes, the Police Department is requesting approval to purchase twenty (20) Ford Police Interceptor Utility Hybrid vehicles and ten (10) Chevrolet Blazer 9C1 Police Package vehicles for its patrol fleet. The Chevrolet Blazer vehicles are anticipated to be received in the current fiscal year; however, the Ford Interceptor vehicles won’t be received until next fiscal year. Request For Bid (RFB) # B14-2024 – Ford Interceptor Utility Vehicle On November 6, 2023, the City of Chula Vista issued RFB # B14-2024 for ten to twenty-five (10-25) 2025 Ford Police Interceptor Utility Hybrid vehicles for the Police Department. As a result of the bid process, the City is recommending the selection of Sedano Ford to purchase the vehicles. During the bid process, 154 vendors were notified of the opportunity. The following three bids were received: Vendor Item Description Unit Cost Desert Auto Group V, LLC 2025 Ford Interceptor Utility Hybrid Vehicle $71,666.13 Fritts Ford 2025 Ford Interceptor Utility Hybrid Vehicle $58,581.13 Sedano Ford 2025 Ford Interceptor Utility Hybrid Vehicle $58,171.89 The price offered by Sedano Ford, which is lowest of the three bids, appears competitive for current market conditions and with past pricing. Request For Bid (RFB) # B15-2024 – Chevrolet Blazer 9C1 Police Package Vehicle On November 6, 2023, the City of Chula Vista issued RFB # B15-2024 for ten (10) 2024 Chevrolet Blazer Model 9C1 Police Package vehicles for the Police Department. As a result of the bid process, the City is recommending the selection of Bob Stall Chevrolet to purchase the vehicles. Page 253 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda P a g e | 3 During the bid process, 154 vendors were notified of the opportunity. The following two bids were received: Vendor Item Description Unit Cost Bob Stall Chevrolet 2024 Chevrolet Blazer 9C1 Police Package Vehicle $67,841.56 Courtesy Chevrolet Center 2024 Chevrolet Blazer 9C1 Police Package Vehicle $69,637.83 The price offered by Bob Stall Chevrolet, which is lower of the two bids, appears competitive for current market conditions. Additionally, these vehicles are expected to be received prior to the Ford vehicles. 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.). 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 $678,416 cost of the 10 Chevrolet Blazer 9C1 Police Package Vehicles is already included in the Public Safety Expenditure Plan (Measure A funding) for fiscal year 2023-24. Approval of this resolution has no net current-year fiscal impact to the General Fund or the Measure A Fund. ONGOING FISCAL IMPACT Because of vehicle production delays, the purchase of the 20 Ford vehicles will occur next fiscal year. The $1,163,438 cost of the 20 Ford Interceptor Utility Hybrid Vehicles will be rolled over to the City’s Infrastructure, Facilities and Equipment expenditure plan (Measure P funding) and Public Safety Expenditure Plan (Measure A funding) for fiscal year 2024-25. Approval of this resolution will direct staff to include this vehicle cost in the fiscal year 2024-25 budget. Although 20 Ford vehicles are currently requested for purchase at this time, the resolution will allow the Police Department to purchase another five vehicles at the $58,171.89 bid amount during a later time, due to unanticipated vehicle replacement (inoperable or involved in a collision). The ongoing fiscal impact from maintenance and fuel costs will be considered as part of the annual budget development process. ATTACHMENTS None. Staff Contact: Chief Roxana Kennedy, Police Department Administrative Services Manager Jonathan Alegre, Police Department Page 254 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BID AND AUTHORIZING THE PURCHASE OF UP TO TWENTY-FIVE FORD INTERCEPTOR UTILITY HYBRID VEHICLES FROM SEDANO FORD WHEREAS, on November 6, 2023, the City of Chula Vista issued Request for Bid (RFB) # B14-2024 for ten to twenty-five (10-25) units of 2025 Ford Interceptor Utility Hybrid vehicles for the Police Department; and WHEREAS, Sedano Ford was selected because they were the lowest bidder at $58,171.89 per vehicle; and WHEREAS, the price offered by Sedano Ford appears competitive for current market conditions and with past pricing; and WHEREAS, the Police Department is requesting authorization to purchase twenty (20) vehicles at this time, and an additional five vehicles at the bid amount during a later time due to unanticipated vehicle replacements; and WHEREAS, the total cost for twenty (20) Ford Interceptor Utility Hybrid vehicles is $1,163,438; the additional five vehicles will cost $290,859.45. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts the bid from Sedano Ford, as presented, and authorizes the purchase of up to twenty- five (25) Ford Interceptor Utility Hybrid vehicles from Sedano Ford, at a cost of $58,171.89 per vehicle, for use by the Chula Vista Police Department. Presented by Roxana Kennedy Chief of Police Approved as to form by Jill D.S. Maland Lounsbery Ferguson Altona & Peak Acting City Attorney Page 255 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE BID AND AUTHORIZING THE PURCHASE OF TEN CHEVROLET BLAZER 9C1 POLICE PACKAGE VEHICLES FROM BOB STALL CHEVROLET WHEREAS, on November 6, 2023, the City of Chula Vista issued Request for Bid (RFB) # B15-2024 for ten (10) units of 2024 Chevrolet Blazer 9C1 Police Package vehicles for the Police Department; and WHEREAS, Bob Stall Chevrolet was selected because they were the lowest bidder at $67,841.56 per vehicle; and WHEREAS, the price offered by Bob Stall Chevrolet appears competitive for current market conditions; and WHEREAS, the total cost for ten (10) Chevrolet Blazer 9C1 Police Package vehicles is $678,416. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts the bid from Bob Stall Chevrolet, as presented, and authorizes the purchase of ten Chevrolet Blazer 9C1 Police Package vehicles from Bob Stall Chevrolet, at a cost of $678,416, for use by the Chula Vista Police Department. Presented by Roxana Kennedy Chief of Police Approved as to form by Jill D.S. Maland Lounsbery Ferguson Altona & Peak Acting City Attorney Page 256 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda v . 0 0 4 P a g e | 1 January 9, 2024 ITEM TITLE Ratification of Appointment: City Manager’s Appointment of the Director of Human Resources/Risk Management – Tanya Tomlinson Report Number: 24-0024 Location: No specific geographic location Department: Human Resources G.C. § 84308: No 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 ratifying the City Manager’s appointment of Tanya Tomlinson as Director of Human Resources/Risk Management. SUMMARY In September 2023, then-Director of Human Resources/Risk Management Courtney Chase was promoted to Deputy City Manager, resulting in a vacancy. The City Manager has selected current Assistant Director of Human Resources Tanya Tomlinson to fill the vacant Director of Human Resources/Risk Management position. This item seeks to approve the appointment of Tanya Tomlinson to the position of Director of Human Resources/Risk Management effective January 12, 2024. ENVIRONMENTAL REVIEW The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Page 257 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Fiscal Year 2023-24 Adopted Budget for the Human Resources Department provides for one full-time equivalent (1.0 FTE) Director of Human Resources/Risk Management. In September 2023, then-Director of Human Resources/Risk Management Courtney Chase was promoted to Deputy City Manager and vacated the Director of Human Resources/Risk Management position. The City Manager has since selected Assistant Director of Human Resources Tanya Tomlinson to fill the position of Director of Human Resources/Risk Management. The City of Chula Vista’s Charter Section 500 (a) grants the City Manager the authority to appoint department heads subject to ratification by the City Council. Ms. Tomlinson has been with the City of Chula Vista for three years, has over 17 years of related experience and brings a wide breadth and depth of leadership experience that will complement the current City management team and continue to move many City projects forward. Her accomplishments, duties and responsibilities are impressive and can be reviewed in th e attached resume. City Council adoption of the resolution will ratify the City Manager’s appointment. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no fiscal impact as a result of this action. Funding for the position is available based on current year budget appropriations. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. This position will be included as part of the annual budget development process in future years. ATTACHMENTS 1. Resume Staff Contact: Courtney Chase, Deputy City Manager Page 258 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE CITY MANAGER’S APPOINTMENT OF DIRECTOR OF HUMAN RESOURCES/ RISK MANAGEMENT – TANYA TOMLINSON WHEREAS, the City of Chula Vista’s Charter Section 500 (a) grants the City Manager the authority to appoint department heads subject to ratification by the City Council; and WHEREAS, the City Manager has selected Tanya Tomlinson to fill the position of Director of Human Resources/Risk Management effective January 12, 2024. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it ratifies the City Manager’s appointment of Tanya Tomlinson to Director of Human Resources/Risk Management effective January 12, 2024. Presented by Approved as to form by Courtney Chase Jill D.S. Maland Deputy City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 259 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Tanya Tomlinson, SPHR CITY OF CHULA VISTA ______ Chula Vista, CA Assistant Director of Human Resources/Acting Human Resources & Risk Management Director, HUMAN RESOURCES DEPARTMENT September 2023 – Present • Direct the activities and operations of the Department of Human Resources for 1,200 permanent and 400 seasonal City staff • Oversee labor relations, recruitment, selection, classification, compensation, retirement, employee benefits administration, safety, workers' compensation, training, employee engagement and wellness • Serve as lead negotiator for the City’s six labor groups. Serve as staff chair for the Civil Service Commission Human Resources Manager HUMAN RESOURCES DEPARTMENT January 2021 – September 2023 • Direct the training, employee relations, employee engagement and wellness efforts for the City • Supervise the front counter and administrative staff for the department, including overseeing payroll, AP, and restitution; Serve as department budget lead • Serve as negotiator for the City’s six labor groups • Conducted in person training for all employees on Anti-Harassment Prevention Training CITY OF SAN DIEGO _______ San Diego, CA Senior Administrator/Deputy Director, Executive Operations OFFICE OF THE CITY ATTORNEY December 2008 – January 2021 • Senior Administrator and Human Resources (HR)/Operational Director for Department (385 employees); Member of City Attorney Executive Team for Two (2) Administrations • Oversee all aspects of $62 million operating budget • Manage over 200 staff, including payroll, budget team, administrative support, accounting functions, HR functions and IT • Represent department on all Citywide issues, present at City Council and Council Committees • Department liaison to labor organizations • Represent management in labor contract negotiations, and other meet and confer matters • Advise all department supervisors and employees on all employment-related matters including collective bargaining agreements, EEO, FLSA, FMLA, CFRA, PDA, ADA, FEHA, Title VII, MMBA, workplace injuries, leave management, ergonomic evaluations and employee benefits • Advise, review and approve all department property-rights (Skelly) disciplinary actions • Advise on all human resources-related issues, including complex termination and sensitive disciplinary issues • Conduct and oversee all department investigations; resolve disputes and provide mentoring • Advise and develop on restructures, organizational planning, change management and best practices • Manage and advise supervisors on employee performance and training plans • Advise on workforce development, employee retention and succession planning • Develop, manage, and conduct Unclassified and Classified recruitments, including onboarding • Prepare and present training for supervisors and employees as needed on HR-related issues • Respond to all Public Record Act requests (CPRA) for all Department HR matters Page 260 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Tanya Tomlinson, SPHR Page 2 Senior Labor Relations Officer/Program Manager HUMAN RESOURCES DEPARTMENT April 2006 – December 2008 • Negotiated and administered labor agreements and contracts on behalf of City Management • Successfully settled an unfair labor practice charge prior to the hearing before the Public Employment Relations Board • Led restructuring of major operating departments, and met and conferred with labor unions on related mandatory subjects of bargaining • Served as the Hearing Officer for Step V grievances and administrative appeal hearings for the City’s Long Term Disability and Industrial Leave benefit denials • Advised departments on highly complex and sensitive disciplinary issues; reviewed and approved all property-rights (Skelly) disciplinary actions and appeals City-wide • Represented the Mayor’s Office in special assignments and with various City boards, commissions, and committees (e.g., threat management, ADA, reduction in workforce) • Conducted and monitored administrative investigations • Liaison to all City departments on issues related to EEO, FLSA, FMLA, ADA, FEHA, Workplace Violence, City’s Threat Policy, and other labor-related issues • Developed and conducted executive recruitments Senior Paralegal/Paralegal OFFICE OF THE CITY ATTORNEY March 1999 to April 2006 • Supervised five (5) Paralegals; handled all supervisory duties • Paralegal to Employment Advisory attorneys: researched case law, City policies and procedures, administrative regulations, labor contracts (MOU’s), Federal and State employment laws • Conducted fact findings and drafted declarations and other court documents for Workplace Violence Temporary Restraining Orders (TRO’s) • Researched and drafted discovery, pleadings, pre-trial motions, trial preparation, organized exhibits, attended trial EDUCATION/CERTIFICATION University of California, Santa Barbara Bachelor of Arts, Law and Society University of San Diego ABA-Approved Paralegal Program, General Litigation with Honors Human Resources Certification Institute (HRCI), Society for Human Resources Management (SHRM) Senior Professional in Human Resources (SPHR) PROFESSIONAL MEMBERSHIPS 2023 Chair, City/County Personnel Association (CCPA) Member, California Public Employers Labor Relations Association (CALPELRA) Member, Society for Human Resource Management (SHRM), San Diego SHRM Member, National Public Employee Labor Relations Association (NPELRA) Member, International Public Management Association for Human Resources (IPMA) Page 261 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda v . 0 0 4 P a g e | 1 January 9, 2024 ITEM TITLE Grant Award and Appropriation: Accept Roy and Marian Holleman Foundation Grant to Renew Animal Care Resources and Appropriate Funds Report Number: 24-0008 Location: No specific geographic location Department: Animal Services G.C. § 84308: No 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 $33,200 in grant funds from the Roy and Marian Holleman Foundation to provide animal care improvements at the Animal Care Facility and provide community resources aimed to prevent surrender and appropriating funds for that purpose. (4/5 Vote Required) SUMMARY The Animal Care Facility has received a grant award from the Roy and Marian Holleman Foundation in the amount of $33,200 to provide animal care improvements at the Animal Care Facility and provide community resources aimed to prevent surrender. The funds are designated to repair and replace Kuranda dog beds; repair interaction/play yard turf; aid in increasing exits for hard-to-place animals; and provide vaccination/microchip and spay and neuter services to the community. Staff requests that grant funds totaling $33,200 be appropriated to the Other Expenses category in the Other Grants Fund. 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. Page 262 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION The Animal Care Facility has received a grant award from the Roy and Marian Holleman Foundation in the amount of $33,200 to provide various improvements at the Animal Care Facility and provide community resources aimed to prevent animal surrender. The funds are designated to repair and replace Kuranda dog beds and repair interaction/play yard turf heavily used by a high volume of dogs with extended stays following CoVID-19. Since Fall 2021, Animal Services has seen an increase in large dog intakes and a decrease in adoptions and reunification of animals with their owners. The grant provides funds to assist hard-to-place animals and rescues who need continued care in purchasing special diets, supplies, etc. Funds are also designated to provide vaccination/microchip and spay and neuter services to the community who are often unable to afford such services, which has been found to result in increased surrender or abandonment. Rising costs in veterinary care and decreases in disposable income has resulted in a decrease in pet owners’ ability to spay or neuter their animals, resulting in increased unexpected litters and increases in preventable diseases which are expensive to treat. Staff requests that $33,200 be appropriated to the Other Expenses category in the Other Grants Fund; this appropriation is fully offset by grant revenues. 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 Approval of the resolution accepts a grant award from the Roy and Marian Holleman Foundation in the amount of $33,200 and amends the fiscal year 2023-24 budget by appropriating $33,200 to the Other Expenses category in the Other Grants Fund. There is no fiscal impact as a result of this action as the grant funds will completely offset the costs. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of accepting these grant funds. ATTACHMENTS None Staff Contact: Ashley Milo, Acting Animal Care Facility Administrator Page 263 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM THE ROY AND MARIAN HOLLEMAN FOUNDATION FOR SHELTER RESOURCES AND APPROPRIATING GRANT FUNDS WHEREAS, the Chula Vista Animal Care Facility applied for and was awarded a grant through the Roy and Marian Holleman Foundation in the amount of $33,200; and WHEREAS, the grant funds are intended to be used for outreach clinics, repairing and replacing dog beds, repairing interaction/play yards, and aiding in the exit of hard-to-place animals. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts $33,200 in grant funds from the Roy and Marian Holleman Foundation and amends the fiscal year 2023-24 budget by appropriating $33,200 to the Other Expenses category of the Other Grants Fund. Presented by Approved as to form by Ashley Milo Jill D.S. Maland Acting Animal Care Facility Administrator Lounsbery Ferguson Altona & Peak Acting City Attorney Page 264 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda v . 0 0 4 P a g e | 1 January 9, 2024 ITEM TITLE Appointment: Approving the Appointment of the Assistant City Manager to Serve in the City Manager’s Place During Temporary Absences or Disability Report Number: 24-0031 Location: No specific geographic location Department: City Manager G.C. § 84308: No Environmental Notice: This 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 ratifying and approving the appointment of the Assistant City Manager to serve in the City Manager’s place during the City Manager’s temporary absence or disability. SUMMARY This item ratifies the City Manager’s appointment of the Assistant City Manager to serve in her place during the City Manager’s current temporary absence and approves the City Manager’s appointment of the Assistant City Manager to serve in her place in the event of any future absence. 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 this activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to 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. Page 265 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda P a g e | 2 DISCUSSION Chula Vista Charter section 403 authorizes the City Manager to appoint an officer of the City to serve in th e City Manager’s place during their temporary absence or disability. This appointment is subject to City Council approval. City Manager Maria V. Kachadoorian recently notified City Council that she will be out of the country from December 31, 2023 through January 12, 2024, and that she appointed Assistant City Manager Tiffany Allen to serve in her place during her absence. Adoption of the proposed resolution will ratify the appointment of Assistant City Manager Tiffany Allen to serve in the City Manager’s place during the City Manager’s temporary absence from December 31, 2023 through January 12, 2024, and approve the appointment of the Assistant City Manager to serve in the City Manager’s place in the event of any temporary future absence or disability. 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 Councilmember, 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. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS None Staff Contact: Maria V. Kachadoorian, City Manager Megan McClurg, Assistant City Attorney Page 266 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPOINTMENT OF THE ASSISTANT CITY MANAGER TO SERVE IN THE CITY MANAGER’S PLACE DURING TEMPORARY ABSENCES OR DISABILITY WHEREAS, Chula Vista Charter section 403 authorizes the City Manager, subject to approval of City Council, to appoint an officer of the City to serve in the City Manager’s place during the City Manager’s temporary absence or disability; and WHEREAS, the City Manager will be temporarily absent from the country from December 31, 2023 through January 12, 2024; and WHEREAS, on December 28, 2023, the City Manager appointed Assistant City Manager Tiffany Allen to serve in her place during her temporary absence from December 31, 2023 through January 12, 2024; and WHEREAS, the City Manager desires to appoint the Assistant City Manager to serve in her place in the event of any future temporary absence or disability; and WHEREAS, it is in the City’s best interest to efficiently and clearl y identify who will assume the City’s lead administrative role during the City Manager’s temporary absence or disability. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: 1. Ratifies the City Manager’s December 28, 2023 appointment of Assistant City Manager Tiffany Allen to serve in the City Manager’s place during the City Manager’s temporary absence from December 31, 2023 through January 12, 2024. 2. Approves the City Manager’s appointment of the Assistant City Manager to serve in the City Manager’s place in the event of any future temporary absence or disability. Presented by Approved as to form by Maria V. Kachadoorian Jill D.S. Maland City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 267 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda *36,033 rental units (*Staff supplied data) with massive $5,000.00 daily fines. The simple task of modifying the verbiage of the TPO in order to reduce a Landlord’s need to drastically raise rents can easily be accomplished with an addition of the following clause: “Notice to cure must first be given before an administrative citation or civil penalty may be issued”. Upon warning, the vast majority of individuals will gladly come into compliance, while the few unscrupulous Tenants and Landlords will attempt to circumvent the law. An added bonus of such a notification procedure is that a warning simplifies the process of identifying and levying fines against “Bad Actors”. I believe our city attorney will confirm that it is possible to warn noncompliant individuals and still be in alignment with California’s new TPO mandates. What is your opinion? Please get back to me as soon as possible. I look forward to your guidance. Thank you so much for all your diligent work in this mater. Wishing you a Blessed New Year. Joseph A Raso Page 268 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Unethical Business Practices of Democrats in Chula Vista Exposed San Diego News Desk4 weeks ago03 mins Page 269 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Dem Party Candidates Use Misleading Job Titles on Ballot Author:La Prensa Created:21 December, 2023 Page 270 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Union Tribune article Political lawsuits stir up Chula Vista City Council election helped a resident sue her political opponents by connecting her with a lawyer BY GUSTAVO SOLIS JAN. 27, 2020 8:51 AM PT CHULA VISTA — Chula Vista’s City Council election took an odd turn last month when one candidate helped a resident sue her political opponents. Dafne Ariza, who graduated from Chula Vista High School in 2018, sued incumbent Councilman Mike Diaz and candidate Delfina Gonzalez in December over alleged misrepresentations on their candidate statements. A judge later dismissed both lawsuits. Before filing the lawsuits, Ariza asked her long-time friend and current City Council candidate Andrea Cardenas for help. Page 271 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 272 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 273 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 274 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 275 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 276 of 476City of Chula Vista - City Council January 9, 2024 Post Agenda Page 277 of 476City of Chula Vista - City Council January 9, 2024 Post Agenda Page 278 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda v . 0 0 4 P a g e | 1 January 9, 2024 ITEM TITLE Harborside Park: Amend the Fiscal Year 2023-24 Capital Improvement Program Budget, Allocate Measure P Funds, and Waive Fees Report Number: 24-0030 Location: Harborside Park – 670 Oxford Street Department: City Manager G.C. § 84308: No Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 Class 3 (New Construction or Conversion of Small Structures), and Section 153 04 Class 4 (Minor Alterations to Land). Recommended Action Adopt a resolution 1) amending the fiscal year 2023-24 capital improvement program budget by establishing new CIP Project, PRK0344 “Harborside Park Renovations” and appropriating funds therefor; and (2) amending the Measure P Infrastructure, Facilities, and Equipment Expenditure Plan to allocate approximately $1,250,000 in unallocated revenue; (4/5 Vote Required). SUMMARY On August 23, 2022, City Council Resolution No. 2022-203 authorized the temporary closure of Harborside Park in order to allow staff time to address health and safety concerns due to illegal activities being conducted at the park. On December 12, 2023, Council directed staff to return on January 9, 2023, with a plan to reopen Harborside Park. City staff is requesting funding to proceed with initial improvements (“Phase 1”) in order to provide a secure reopening of Harborside Park, waiving of the competitive bid requirements to minimize delays, and directing the City Manager to waive facility rental fees to incentivize activation of the park. Page 279 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 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 qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 Class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land) because the proposed actions would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION This action will be included in an updated Infrastructure, Facilities, and Equipment Expenditure Plan being presented to the Measure P Citizens Oversite Committee at their regularly scheduled January 25, 2024, meeting. DISCUSSION Background On August 23, 2022, City Council Resolution No. 2022-203 authorized the temporary closure of Harborside Park in order to allow staff time to address health and safety concerns due to illegal activities being conducted at the park. During the closure, staff worked with the community to consider long-term options for the park site and staff provided the results of such efforts and opportunities identified by the community to City Council on May 16, 2023, and December 12, 2023, including an initial improvement plan (“Phase 1”). On December 12, 2023, Council directed staff to return on January 9, 2023, with an implementation plan for the Phase 1 reopening Harborside Park. It is anticipated Phase 1 improvements will be completed and the park will reopen in approximately eight months. Phase 1 Phase 1 of reopening Harborside Park will consist of the following improvements: (1) permanent fencing; (2) turf replacement and repair to the irrigation system; (3) basketball court resurfacing; (4) lighting and security camera repairs; (5) restroom facility repairs; (6) general clean-up; (7) removal of the amphitheater and landscape at the southern portion of the site; and (8) purchase and installation of a ranger station that would be staffed during future park opening hours, as illustrated in the following image. Page 280 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda P a g e | 3 Additionally, City Council directed staff to waive associated facility rental fees for the use of sports fields and any other amenities to incentivize activation of the park upon reopening. The City’s Master Fee Schedule allows any person to request a fee waiver. Any such request is to be considered by the Waiving Authority, which is he City Managerfor waiver requests for amounts up to the greater of $7,500 or 25% of the fee imposed, per year, and the City Council for requests in excess of that amount. The Master Fee Schedule further provides that, in order to grant a waiver request, the Waiving Authority must make certain findings and issue a notice of decision. In response to the City Council’s direction to waive facility rental fees, City staff is reviewing these waiver requirements and will be bringing a proposed amendment to the Master Fee Schedule forward prior to the park reopening for City Council consideration. The proposed resolution establishes CIP PRK0344 Harborside Park Renovation and appropriates Measure P funds in the amount of $1,250,000 to the new project, . Hours of Operation A community survey completed by the City found that with Phase 1 improvements, people are most likely to use the park after school and on weekends. Upon opening it is anticipated that the park will be open on weekdays from 3:00 pm to 7:00 pm and on weekends from 10:00 am to 7:00 pm. After opening staff may modify hours of the park based on the utilization and desired access by the community. Staffing The staffing plan for Harborside Park is designed to provide hourly Park Ranger coverage for all hours of operation. Page 281 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda P a g e | 4 Future Phases Phases 2 will focus on outdoor amenities. Survey results showed the highest-sought amenities included an outdoor gym similar to the Norman Park Senior Center, additional sports field areas, tot lot, enhancements to the walking trail, and fruit and shade trees. Phase 3 would include the community’s ultimate goal of incorporating a community center on the site. Such a facility will require a master-planning effort and future City Council actions. Staff continues to pursue grant funding for Phases 2 and 3. 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 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 the resolution amends the Measure P Infrastructure, Facilities, and Equipment Expenditure Plan and amends the fiscal year 2023-24 Capital Improvement Projects Program budget by appropriating $1,250,000 from the Measure P Sales Tax Fund to cover the additional project and staff costs associated with Project # PRK0344 (Harborside Park Renovation). As an existing park, the operation and maintenance of the existing amenities are included in the current Public Works Department General Fund budget. ONGOING FISCAL IMPACT Staffing costs for Park Rangers of approximately $66,000 will be incorporated into the Public Works fiscal year 2024-25 budget for staffing at Harborside Park. ATTACHMENTS None. Staff Contact: Courtney Chase, Deputy City Manager Page 282 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 1) AMENDING THE FISCAL YEAR 2023-24 CIP PROGRAM BUDGET BY ESTABLISHING A NEW CIP PROJECT, PRK0344 “HARBORSIDE PARK RENOVATIONS” AND APPROPRIATING FUNDS THEREFOR; AND 2) AMENDING THE MEASURE P INFRASTRUCTURE, FACILITIES, AND EQUIPMENT EXPENDITURE PLAN TO ALLOCATE APPROXIMATELY $1.25 MILLION IN UNALLOCATED REVENUE WHEREAS, on August 24, 2022, via Resolution No. 2022-203 and pursuant to Chula Vista Municipal Code (“CVMC”) Chapter 2.66, Park and Facility Rules, Harborside Park, at 670 Oxford Street, was temporarily closed in consideration of the risks to public health and safety because of illegal activity at the site; and WHEREAS, during the closure staff worked with the community to consider long-term options for the park site and staff has provided the results of such efforts and opportunities identified by the community to City Council on May 16, 2023, and December 12, 2023, including an initial “Phase 1” improvement plan; and WHEREAS, “Phase 1” improvement plan includes the utilization of up to $1,250,000 to make improvements including installation of permanent fencing around the park site, turf replacement and irrigation repairs, improvements to lighting and security cameras, repairs to restroom facilities, general clean-up of the site, resurfacing of the basketball courts, removal of the amphitheater and landscape at the southern portion of the site, and purchase and installation of a park ranger station; and WHEREAS, staff recommends appropriating $1,250,000 of previously unallocated Measure P funds towards the “Phase 1” Harborside Park improvements and amending the Measure P Infrastructure, Facilities, and Equipment Expenditure Plan accordingly; and WHEREAS, there are sufficient funds in the Measure P fund for “Phase 1” improvement costs; and WHEREAS, staff will present the amended Measure P Infrastructure, Facilities, and Equipment Expenditure Plan to the Measure P Citizens’ Oversight Committee at their next regularly scheduled meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it establishes CIP PRK0344 Harborside Park Renovations. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it amends the Infrastructure, Facilities, and Equipment Expenditure Plan by appropriating Page 283 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Resolution No. Page 2 $1,250,000 in Measure P funds from the available balance of the Measure P Fund to the Harborside Park Reopening (PRK0344) CIP Project. Presented by Approved as to form by Courtney Chase Jill D.S. Maland Deputy City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 284 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 1 Tyshar Turner Subject:FW: City Council Meeting AGAINST BROWN ACT / Harborside Park Closure Caused By County Health Services Attracting Homeless From: alan mil Sent: Friday, January 5, 2024 8:23 AM Subject: City Council Meeting AGAINST BROWN ACT / Harborside Park Closure Caused By County Health Services Attracting Homeless WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov COPY TO NEWS MAYORS SANDAG SUPERVISORS CHULA VISTA CITY COUNCIL COUNTY DISTRICT ATTORNEY CA POLICY CENTER LAWYERS BCC TO CONSTITUENTS THAT VOTE @CITY CLERK - PLEASE ENTER THIS ENTIRE EMAIL (WITHOUT EMAIL ADDRESSES) INTO PUBLIC COMMENT UNDER AGENDA 6 DUE TO MULTIPLE TOPICS IN THIS EMAIL. THE JPGS ARE ONLY FOR PUBLIC RECORD AND DO NOT NEED TO BE DISPLAYED DURING MY PUBLIC SPEAKING. Good Morning, Please Attend CITY MEETING 5PM TUESDAY JAN 9 276 FOURTH AVE CHULA VISTA https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=40eea44f-a934-47b6-9b39- 718c5eea42c8&Agenda=Agenda&lang=English PLEASE SPEAK AGENDA 5.3 PROTECT 1ST AMENDMENT NO TO SHORTENING SPEAKER TIME IF AGENDA PASSES, THE PUBLIC WILL BE LIMITED SPEAKER TIME. FOR EXAMPLE TODAY'S CONSENT CALENDAR OF 12 ITEMS WOULD ONLY ALLOW PUBLIC SPEAKING AT 15 SECONDS PER ITEM Items 5.3 & 7.1 - Written Communications - Alan C. - Rcvd 1.5.2024 Page 285 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 2 AGAINST BROWN ACT STATE LAW OF REASONABLE SPEAKER TIME AGENDA 5.3 LIMIT PUBLIC SPEAKER TIME PROPOSAL THREE MINUTES 12 CONSENT ITEMS = 15 SECONDS PER ITEM! https://oag.ca.gov/system/files/media/the-brown-act.pdf The Act specifically authorizes the legislative body to adopt regulations to assist in processing comments from the public. The body may establish procedures for public comment as well as specifying reasonable time limitations on particular topics or individual speakers. So long as the body acts fairly with respect to the interest of the public and competing factions, it has great discretion in regulating the time and manner, as distinguished from the content, of testimony by interested members of the public. (§ 54954.3(b).) ---------------------- AGENDA 7.1 OPEN HARBORSIDE PARK PUT BACK THE PLAYGROUND WHEN WILL THE CITY COORDINATE MEETING AT THE COUNTY HEALTH HUMAN SERVICES THE CAUSE OF HOMELESS TENTS CONGREGATING AND INVITE BUSINESS OWNERS, HARBORSIDE SCHOOL AND RESIDENTS TO ATTEND HSSA MEETING? WHEN WILL CITY ENFORCE LAW YOU CANNOT LIVE ON ANY PROPERTY? WHEN WILL CITY ENFORCE LAW YOU CANNOT DO DRUGS IN TENTS ON ANY PROPERTY PRIVATE AND PUBLIC? OXFORD STREET LAWS BROKEN HISTORY HOMELESS TENTS REMOVED FROM PARK TODAY THE DRUG TENTS ARE NOW ACROSS THE STREET Page 286 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 3 THE COUNTY HEALTH HUMAN SERVICES THE MAGNET FOR HOMELESS https://www.youtube.com/watch?v=FwZu8ogEL0c&t=0s COUNTY HHSA REASON WHY HOMELESS TENTS CAMP ACROSS STREET People in Chula Vista gathered to discuss solutions for a homeless encampment at a park, right next to an elementary school. Families and homeless advocates both agree that closing down Harborside Park is not the solution. Parents say this will not keep homeless people away from being near the elementary school . https://www.cbs8.com/article/news/local/chula-vista-city-council-to-address-homeless-issue-at-harborside- park/509-dd641334-16df-467c-9165-847f6b45ed71 -- Alan Curry Page 287 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Written Communications - Item 7.1 Curry – Received 1/8/24 From: alan mil < Sent: Monday, January 8, 2024 6:22 AM Subject: HARBORSIDE HOMELESS CAUSED BY COUNTY HEALTH HUMAN SERVICES / EL CAJON POLICE VIDEO HOMELESS WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov COPY TO MAYORS SANDAG SUPERVISORS CHULA VISTA CITY COUNCIL SAN DIEGO COUNTY CITY COUNCILS CALIFORNIA SENATE REPRESENTATIVES BCC TO CONSTITUENTS FED UP HOMELESS @CITY CLERK - Please verify PowerPoint attachment received and functioning to display for my Public Speaking and enter enter public record Agenda 7.1. @MAYOR MCCANN - Please allow my presentation during Agenda 7.1 Harboside Park discussion. I will presenting reason why Harborside Park still unsafe to reopen and offer solutions to resolve the Homeless tents in order to safely reopen the park. Please see attached PowerPoint with description of the slides below. CITY MEETING 5PM TUESDAY JAN 9 276 FOURTH AVE CHULA VISTA https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=40eea44f-a934-47b6-9b39- 718c5eea42c8&Agenda=Agenda&lang=English POWER POINT DESCRIPTION AGENDA 7.1 SAVE HARBORSIDE PARK SLIDE 1 AUGUST 2022 HARBORSIDE PARK FENCED OFF CLOSED The County Health Human Services Agency (HSSA) encourages homeless tents to camp to receive services yet HSSA do no provide solutions to end the homeless cycle. Council Preciado had proposed a meeting with HSSA and Local Business, Harborside Elementary Faculty and Local Residents at the HSSA county building at 690 Oxford strret. WHEN WILL THE MEETING BE SCHEDULED? Page 288 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Written Communications - Item 7.1 Curry – Received 1/8/24 https://www.sandiegocounty.gov/content/sdc/hhsa/facilities/south/south_region_public_heal th_center.html SLIDE 2 GOOGLE MAP STREET VIEW JAN 2023 YEAR AGO Homeless repeatedly removed again captured by Google Mapping Vehicle at 690 Oxford Street in front of HSSA next to Harborside Park which was closed the previous year. SLIDE 3-4-5 Homeless removed again at Oxford Street on the morning of Dec 13 City Council meeting. This time a very solid approach, the city contracted landscapers; removed all plant bushes and a second fence installed on north side of trolley tracks narrow road betwe en Oxford and Palomar streets to prevent homeless tents returning. The Homeless moved to the south side of the trolley tracks their tents encroached on property on Industrial blvd between Palomar and Moss, are located across the street from a trailer park community of lower income and retired residents and another business, RV storage affected loss of customers due to concerns of theft from homeless. https://www.sandiegouniontribune.com/communities/south -county/story/2023-12-13/chula- vista-city-council-harborside-park-is-staying-a-park SLIDE 6 Google Map showing HSSA, Biomat Blood Donation, Harborside Park and nearby business and residents affected. SLIDE 7-8 Oxford Street Homeless drug tents across the street from Walmart next to Harborside park. The tents are on private property next to TWO gyms Planet Fitness and Ultimate Fitness Center Homeless drug tents at gym private property unsafe for woman using the gym. In the same parking lot TWO Cannabis Dispensary convenient for homeless tents location of city sanctioned dope dealers serving "medical marijuana" to the homeless. https://www.planetfitness.com/gyms/chula-vista-broadway-ave-ca http://ultimatefitnesscenterchulavista.com/?fbclid=IwAR3NEzy_npyYqbgqtJS_KTLhrpLJ1RzTt3B fW7ArZcDOPV18YP3JTZZUQLY TWO CANNABIS CITY SANCTIONED MARIJUANA SAME PARKING LOT 1214 Broadway Chula Vista, CA 91911 https://www.harvesthoc.com/locations/california/chula-vista/harvest-of-chula-vista/ 1208 Broadway Chula Vista, CA 91911 https://e7ca.com/our-locations/chula-vista/ SLIDE 9 Oxford Street across street from Harborside Park. Multiple cell phone tables blocking ADA Access public sidewalk and encroachment private property when off the sidewalk providing Page 289 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Written Communications - Item 7.1 Curry – Received 1/8/24 California free cell phone program funded by tax payers; the "free cell phones" the client-al are homeless for drug deals. SLIDE 10 BIOMAT BLOOD DONATION $400 FOUR PINTS. In addition to County HSSA providing EBT cards that discourages getting a job to end homeless cycle, this is where Homeless get their drug money. https://www.yelp.com/biz/biomat-usa-chula-vista-2 You can donate plasma up to two times in a seven-day period. This frequency not only supports those who depend on plasma-derived therapies but also allows you to receive compensation more often for your valuable time and commitment. Upon completing your first donation, you’ll receive the debit card, information on how to use it, a list of ATM locations where you can make withdrawals, and contact information for the bank." https://www.grifolsplasma.com/en/-/chulavista-ca SLIDE 11 Drone view of Harborside Park between County HSSA, Harborside Elementary school, Costco and Walmart. ALL THE RESIDENTS OF BRENTWOOD TRAILER PARK NOW AFFECTED BY HOMELESS ENCROACHMENT Enjoy all of the conveniences of metropolitan living in our unique bayside Chula Vista community. Conveniently located near I-5, our manufactured homes place you less than 12 miles from downtown San Diego and its many attractions. Harborside Elementary School, Costco, and Walmart are a short stroll away. Plus, you’ll find an array of shops, cafes, and eateries at Palomar Trolley Center. And when you’re ready for a little outdoor fun, head to nearby Harborside Park, featuring a skate park, basketball hoops, a soccer field, and more." 1100 Industrial Blvd Chula Vista, CA 91911 https://www.brentwoodmhc.com/ SLIDE 12 IMMEDIATE SOLUTION 644 NAPLES STREET CHULA VISTA ABANDONED TRICARE BUILDING ON BROADWAY HAS BATHROOMS AND HVAC FOR BUNK BED SHELTER Mayor McCann as active duty Naval Officer has direct communication to Navy to release the abandoned building for use as a homeless shelter. Installation of bunk beds similar to the removed homeless shelter at Golden hall; the abandoned TriCare building is at the far side of Costco parking lot can immediately service 100s of Homeless with bunk beds and is only a block away from the homeless encampments on Oxfords Street at Harborside. This this will remove safety risk at Harborside Elementary School, Harborside park and the community residents. THE TRICARE BUILDING CAN BE A PERMANENT COST AFFECTIVE, IMMEDIATE AND MAXIMIZE AMOUNT OF HOMELESS OFF THE STREET. CONTINUAL SERVICE ANY HOMELESS LIVING ON THE STREET AS A FIRST STEP BEFORE TRANSITIONING TO JOB FOR SELF SUFFICIENT PAY THEIR OWN RENT IN PERMANENT HOUSING. Page 290 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Written Communications - Item 7.1 Curry – Received 1/8/24 SLIDE 13 FUTURE LONG TERM SOLUTION Just blocks away a huge abandoned property on the corner of Moss St and Colorado Avenue. Long term possible solution development to meet state mandate of housing units near public transport of trolley station. Unlike the removed homeless shelter at San Diego Golden Hall make this a permanent facility with basement level of bunk beds for stopping drug abuse and affordable housing units upstairs only after obtaining A JOB TO PAY THEIR OWN RENT TO END THE DRUG ADDICTION HOMELESS CYCLE. Every homeless in subsidized housing; the city must enforce rules to attend employment agency located just blocks away on 1111 Bay Boulevard Suite E Chula Vista CA, 91911. AN IMMEDIATE JOB TO PAY RENT ENDS HOMELESS CYCLE. https://www.unemploymentoffice.org/job-search https://www.unemploymentoffice.org/chula-vista-california-unemployment-office SLIDE 14 ENFORCE THE EXISTING LAW DRUG USE AGAINST THE LAW CANNOT ENCROACH ON PRIVATE PROPERTY CANNOT SET UP TENTS ON PUBLIC PROPERTY CORONADO HAS ENFORCED THE LAW HAS NO HOMELESS ACROSS THE WORLD KNOWS CORONADO HOMELESS SOLUTION We make it very clear that we don't tolerate encampments along our sidewalks, and we don't tolerate other code violations such as being drunk in public or urinating in public or defecating in public,' Mayor Bailey said. 'We just simply don't tolerate these basic code violations. What ends up happening is an individual either chooses to get help or they end up leaving.' The city leader went on to add that contributing to the ongoing homeless crisis - especially in California - are progressive leaders' failure to hold willingly homeless citizens accountable for their life choices.'The fact of the matter is there, although there are a myriad of reasons that people end up homeless, they eventually only fall into two camps — those that want help and those that do not want help,' Bailey said. 'And if those that are refusing to get help… shouldn't be granted additional the ability to break laws such as tent encampments on the sidewalk or urinating or defecating in public.' " https://www.dailymail.co.uk/news/article-11813713/Republican-mayor-claims-city-NO- homeless-says-liberal-cities-tolerate-destructive-behavior.html CBS 8 NEWS AUGUST 2022 OVER A YEAR AGO Chula Vista City Council To Address Homeless Issue At Harborside Park People in Chula Vista gathered to discuss solutions for a homeless encampment at a park, right next to an elementary school. Families and homeless advocates both agree that closing down Harborside Park is not the solution. Parents say this will not keep homeless people away from being near the elementary school. https://www.cbs8.com/article/news/local/chula-vista-city-council-to-address-homeless-issue- at-harborside-park/509-dd641334-16df-467c-9165-847f6b45ed71 Page 291 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Written Communications - Item 7.1 Curry – Received 1/8/24 HISTORY HOMELESS TENTS REMOVED FROM PARK TODAY THE DRUG TENTS ARE NOW ACROSS THE STREET THE COUNTY HEALTH HUMAN SERVICES THE MAGNET FOR HOMELESS https://www.youtube.com/watch?v=FwZu8ogEL0c&t=0s El Cajon Police January 2024 Homelessness Documentary https://www.youtube.com/watch?v=UVVsME8zTLE&t=0s Dive deep into the heart of El Cajon's streets. Witness firsthand how our Special Enforcement Unit tirelessly offers support to the homeless, only to confront a harsh truth; freedom on the streets often outweighs the safety of shelters and the structure of transitional living. Hear directly from individuals who choose the streets despite a myriad of resources available. We all seek solutions, but when the laws we trust fall short, where do we stand? Join the conversation, share your thoughts, and let's search for answers together. Watch now and see the issue through the eyes of those living it every day." STATE SOLUTION CITY CAN DO = REMOVE LAWS THAT ENCOURAGE HOMELESS HISTORY - NATIONAL CITY REMOVED CAR CRUSING BAN THAT AFFECTED COMMUNITY https://a80.asmdc.org/sites/a80.asmdc.org/files/2023-06/AB%20436%20Fact%20Sheet.pdf CITY AND COMMUNITY CONVINCED SENATOR ALVAREZ STATE WIDE REMOVE CRUISING BAN https://a80.asmdc.org/press-releases/20230206-assemblymember-alvarez-introduces- legislation-remove-ban-cruising WILL CITY REPS WORK WITH STATE SENATE ASSEMBLY REMOVE BAD LAWS? California Proposition 47, Reduced Penalties for Some Crimes Initiative (2014) https://ballotpedia.org/California_Proposition_47,_Reduced_Penalties_for_Some_Crimes_Ini tiative_(2014) A Yes vote supported classifying certain crimes as misdemeanors instead of felonies unless the defendant had prior convictions for murder, rape, certain sex offenses or certain gun crimes; allowing resentencing for those currently serving a prison sentence for any of the offenses that the initiative reduced to misdemeanors; and creating the Safe Neighborhoods and Schools Fund to receive appropriations based on savings from the initiative. Some people calculate, 'Hey, you know, I don't want to go over the $950, so let me steal $949 worth of property'," said San Francisco Police Chief William Scott.[1] San Diego Police Chief Shelley Zimmerman described Proposition 47 as a "virtual get-out-of-jail-free card."[2] California Proposition 57, Parole Non-Violent Criminals and Juvenile Court Requirements 2016) https://ballotpedia.org/California_Proposition_57,_Parole_for_Non- Violent_Criminals_and_Juvenile_Court_Trial_Requirements_(2016) A Yes vote supported increasing parole and good behavior opportunities for felons convicted of nonviolent crimes and allowing judges, not prosecutors, to decide whether to try certain juveniles as adults in court. Using numbers from early 2016, there were about 25,000 nonviolent state felons that could seek early release and parole under Proposition 57 .[10] Page 292 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Written Communications - Item 7.1 Curry – Received 1/8/24 Proposition 57 was also designed to lower prison population numbers.[7] " Alan Curry Page 293 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 294 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 295 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 296 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 297 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 298 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 299 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 300 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 301 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 302 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 303 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 304 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 305 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 306 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 307 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Item 7.1 -Action Harborside Park CIP Presented by: Courtney Chase,Deputy City Manager Page 308 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Proposed Phase 1 ImprovementsPage 309 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Harborside ParkPhase 1•Hours of Operation •Weekdays 3:00pm –7:00pm •Weekends 10:00am –7:00pm •Hourly Park Ranger coverage for all hours of operation Page 310 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Recommendation 1)Amend the FY 2023-24 CIP establishing new CIP Project Harborside Park renovations 2)Amend Measure P Infrastructure, Facilities, and Equipment Expenditure Plan to allocate approximately $1,250,000 in unallocated revenue Page 311 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 312 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda CITY MEETING 5PM TUESDAY JAN 9 276 FOURTH AVE CHULA VISTA https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=40eea44f-a934-47b6-9b39- 718c5eea42c8&Agenda=Agenda&lang=English POWER POINT DESCRIPTION AGENDA 7.1 SAVE HARBORSIDE PARK SLIDE 1 AUGUST 2022 HARBORSIDE PARK FENCED OFF CLOSED The County Health Human Services Agency (HSSA) encourages homeless tents to camp to receive services yet HSSA do no provide solutions to end the homeless cycle. Council Preciado had proposed a meeting with HSSA and Local Business, Harborside Elementary Faculty and Local Residents at the HSSA county building at 690 Oxford strret. WHEN WILL THE MEETING BE SCHEDULED? https://www.sandiegocounty.gov/content/sdc/hhsa/facilities/south/south region public heal th center.html SLIDE 2 GOOGLE MAP STREET VIEW JAN 2023 YEAR AGO Homeless repeatedly removed again captured by Google Mapping Vehicle at 690 Oxford Street in front of HSSA next to Harborside Park which was closed the previous year. SLIDE 3-4-5 Homeless removed again at Oxford Street on the morning of Dec 13 City Council meeting. This time a very solid approach, the city contracted landscapers; removed all plant bushes and a second fence installed on north side of trolley tracks narrow road between Oxford and Palomar streets to prevent homeless tents returning. The Homeless moved to the south side of the trolley tracks their tents encroached on property on Industrial blvd between Palomar and Moss, are located across the street from a trailer park community of lower income and retired residents and another business, RV storage affected loss of customers due to concerns of theft from homeless. https://www.sandiegouniontribune.com/communities/south-county/story/2023-12-13/chula- vista-city-council-harborside-park-is-staying-a-park SLIDE 6 Google Map showing HSSA, Biomat Blood Donation, Harborside Park and nearby business and residents affected. SLIDE 7-8 Oxford Street Homeless drug tents across the street from Walmart next to Harborside park. The tents are on private property next to TWO gyms Planet Fitness and Ultimate Fitness Center Homeless drug tents at gym private property unsafe for woman using the gym. In the same parking lot TWO Cannabis Dispensary convenient for homeless tents location of city sanctioned dope dealers serving "medical marijuana" to the homeless. Written Communication Item: 7.1 Name: Wong Page 313 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda https://www.planetfitness.com/gyms/chula-vista-broadway-ave-ca http://ultimatefitnesscenterchulavista.com/?fbclid=IwAR3NEzy npyYqbgqtJS KTLhrpLJ1RzTt3B fW7ArZcDOPV18YP3JTZZUQLY TWO CANNABIS CITY SANCTIONED MARIJUANA SAME PARKING LOT 1214 Broadway Chula Vista, CA 91911 https://www.harvesthoc.com/locations/california/chula-vista/harvest-of-chula-vista/ 1208 Broadway Chula Vista, CA 91911 https://e7ca.com/our-locations/chula-vista/ SLIDE 9 Oxford Street across street from Harborside Park. Multiple cell phone tables blocking ADA Access public sidewalk and encroachment private property when off the sidewalk providing California free cell phone program funded by tax payers; the "free cell phones" the client-al are homeless for drug deals. SLIDE 10 BIOMAT BLOOD DONATION $400 FOUR PINTS. In addition to County HSSA providing EBT cards that discourages getting a job to end homeless cycle, this is where Homeless get their drug money. https://www.yelp.com/biz/biomat-usa-chula-vista-2 "You can donate plasma up to two times in a seven-day period. This frequency not only supports those who depend on plasma-derived therapies but also allows you to receive compensation more often for your valuable time and commitment. Upon completing your first donation, you’ll receive the debit card, information on how to use it, a list of ATM locations where you can make withdrawals, and contact information for the bank." https://www.grifolsplasma.com/en/-/chulavista-ca SLIDE 11 Drone view of Harborside Park between County HSSA, Harborside Elementary school, Costco and Walmart. ALL THE RESIDENTS OF BRENTWOOD TRAILER PARK NOW AFFECTED BY HOMELESS ENCROACHMENT " Enjoy all of the conveniences of metropolitan living in our unique bayside Chula Vista community. Conveniently located near I-5, our manufactured homes place you less than 12 miles from downtown San Diego and its many attractions. Harborside Elementary School, Costco, and Walmart are a short stroll away. Plus, you’ll find an array of shops, cafes, and eateries at Palomar Trolley Center. And when you’re ready for a little outdoor fun, head to nearby Harborside Park, featuring a skate park, basketball hoops, a soccer field, and more." 1100 Industrial Blvd Chula Vista, CA 91911 https://www.brentwoodmhc.com/ SLIDE 12 IMMEDIATE SOLUTION Written Communication Item: 7.1 Name: Wong Page 314 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 644 NAPLES STREET CHULA VISTA ABANDONED TRICARE BUILDING ON BROADWAY HAS BATHROOMS AND HVAC FOR BUNK BED SHELTER Mayor McCann as active duty Naval Officer has direct communication to Navy to release the abandoned building for use as a homeless shelter. Installation of bunk beds similar to the removed homeless shelter at Golden hall; the abandoned TriCare building is at the far side of Costco parking lot can immediately service 100s of Homeless with bunk beds and is only a block away from the homeless encampments on Oxfords Street at Harborside. This this will remove safety risk at Harborside Elementary School, Harborside park and the community residents. THE TRICARE BUILDING CAN BE A PERMANENT COST AFFECTIVE, IMMEDIATE AND MAXIMIZE AMOUNT OF HOMELESS OFF THE STREET. CONTINUAL SERVICE ANY HOMELESS LIVING ON THE STREET AS A FIRST STEP BEFORE TRANSITIONING TO JOB FOR SELF SUFFICIENT PAY THEIR OWN RENT IN PERMANENT HOUSING. SLIDE 13 FUTURE LONG TERM SOLUTION Just blocks away a huge abandoned property on the corner of Moss St and Colorado Avenue. Long term possible solution development to meet state mandate of housing units near public transport of trolley station. Unlike the removed homeless shelter at San Diego Golden Hall make this a permanent facility with basement level of bunk beds for stopping drug abuse and affordable housing units upstairs only after obtaining A JOB TO PAY THEIR OWN RENT TO END THE DRUG ADDICTION HOMELESS CYCLE. Every homeless in subsidized housing; the city must enforce rules to attend employment agency located just blocks away on 1111 Bay Boulevard Suite E Chula Vista CA, 91911. AN IMMEDIATE JOB TO PAY RENT ENDS HOMELESS CYCLE. https://www.unemploymentoffice.org/job-search https://www.unemploymentoffice.org/chula-vista-california-unemployment-office SLIDE 14 ENFORCE THE EXISTING LAW DRUG USE AGAINST THE LAW CANNOT ENCROACH ON PRIVATE PROPERTY CANNOT SET UP TENTS ON PUBLIC PROPERTY CORONADO HAS ENFORCED THE LAW HAS NO HOMELESS ACROSS THE WORLD KNOWS CORONADO HOMELESS SOLUTION "'We make it very clear that we don't tolerate encampments along our sidewalks, and we don't tolerate other code violations such as being drunk in public or urinating in public or defecating in public,' Mayor Bailey said. 'We just simply don't tolerate these basic code violations. What ends up happening is an individual either chooses to get help or they end up leaving.' The city leader went on to add that contributing to the ongoing homeless crisis - especially in California - are progressive leaders' failure to hold willingly homeless citizens accountable for their life choices.'The fact of the matter is there, although there are a myriad of reasons that people end up homeless, they eventually only fall into two camps — those that want help and those that do not want help,' Bailey said. 'And if those that are refusing to get Written Communication Item: 7.1 Name: Wong Page 315 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda help… shouldn't be granted additional the ability to break laws such as tent encampments on the sidewalk or urinating or defecating in public.' " https://www.dailymail.co.uk/news/article-11813713/Republican-mayor-claims-city-NO- homeless-says-liberal-cities-tolerate-destructive-behavior.html CBS 8 NEWS AUGUST 2022 OVER A YEAR AGO Chula Vista City Council To Address Homeless Issue At Harborside Park People in Chula Vista gathered to discuss solutions for a homeless encampment at a park, right next to an elementary school. Families and homeless advocates both agree that closing down Harborside Park is not the solution. Parents say this will not keep homeless people away from being near the elementary school. https://www.cbs8.com/article/news/local/chula-vista-city-council-to-address-homeless-issue- at-harborside-park/509-dd641334-16df-467c-9165-847f6b45ed71 HISTORY HOMELESS TENTS REMOVED FROM PARK TODAY THE DRUG TENTS ARE NOW ACROSS THE STREET THE COUNTY HEALTH HUMAN SERVICES THE MAGNET FOR HOMELESS https://www.youtube.com/watch?v=FwZu8ogEL0c&t=0s El Cajon Police January 2024 Homelessness Documentary https://www.youtube.com/watch?v=UVVsME8zTLE&t=0s "Dive deep into the heart of El Cajon's streets. Witness firsthand how our Special Enforcement Unit tirelessly offers support to the homeless, only to confront a harsh truth; freedom on the streets often outweighs the safety of shelters and the structure of transitional living. Hear directly from individuals who choose the streets despite a myriad of resources available. We all seek solutions, but when the laws we trust fall short, where do we stand? Join the conversation, share your thoughts, and let's search for answers together. Watch now and see the issue through the eyes of those living it every day." STATE SOLUTION CITY CAN DO = REMOVE LAWS THAT ENCOURAGE HOMELESS HISTORY - NATIONAL CITY REMOVED CAR CRUSING BAN THAT AFFECTED COMMUNITY https://a80.asmdc.org/sites/a80.asmdc.org/files/2023-06/AB%20436%20Fact%20Sheet.pdf CITY AND COMMUNITY CONVINCED SENATOR ALVAREZ STATE WIDE REMOVE CRUISING BAN https://a80.asmdc.org/press-releases/20230206-assemblymember-alvarez-introduces- legislation-remove-ban-cruising WILL CITY REPS WORK WITH STATE SENATE ASSEMBLY REMOVE BAD LAWS? California Proposition 47, Reduced Penalties for Some Crimes Initiative (2014) https://ballotpedia.org/California Proposition 47, Reduced Penalties for Some Crimes Ini tiative (2014) "A Yes vote supported classifying certain crimes as misdemeanors instead of felonies unless the defendant had prior convictions for murder, rape, certain sex offenses or certain gun crimes; allowing resentencing for those currently serving a prison sentence for any of the offenses that Written Communication Item: 7.1 Name: Wong Page 316 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda the initiative reduced to misdemeanors; and creating the Safe Neighborhoods and Schools Fund to receive appropriations based on savings from the initiative. Some people calculate, 'Hey, you know, I don't want to go over the $950, so let me steal $949 worth of property'," said San Francisco Police Chief William Scott.[1] San Diego Police Chief Shelley Zimmerman described Proposition 47 as a "virtual get-out-of-jail-free card."[2] California Proposition 57, Parole Non-Violent Criminals and Juvenile Court Requirements (2016) https://ballotpedia.org/California Proposition 57, Parole for Non- Violent Criminals and Juvenile Court Trial Requirements (2016) "A Yes vote supported increasing parole and good behavior opportunities for felons convicted of nonviolent crimes and allowing judges, not prosecutors, to decide whether to try certain juveniles as adults in court. Using numbers from early 2016, there were about 25,000 nonviolent state felons that could seek early release and parole under Proposition 57.[10] Proposition 57 was also designed to lower prison population numbers.[7] " -- Alan Curry Written Communication Item: 7.1 Name: Wong Page 317 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 318 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 319 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 320 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 321 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 322 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 323 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 324 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 325 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 326 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 327 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 328 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 329 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 330 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 331 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda https://youtu.be/FfELl_DQN1Y?si=rTIW4Qaub78eyeMx Page 332 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda v . 0 0 4 P a g e | 1 January 9, 2024 ITEM TITLE Welcoming America: Receive a Presentation on Welcoming America’s Certified Welcoming Program and Provide Formal Direction to Staff Report Number: 24-0028 Location: No specific geographic location Department: City Manager G.C. § 84308: Yes 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 Staff requests that Council take a formal vote to provide direction to staff to proceed with Welcoming City recertification. SUMMARY At the May 23, 2023 Council meeting, the City Council made a referral to the City Manager to pursue a Welcoming City recertification through Welcoming America. “Certified Welcoming” is the formal designation bestowed upon local governments that meet the Welcoming Standard after an audit of policies and programs for an agency’s efforts including and welcoming immigrants in all areas of civic, social, and economic life in their communities. Staff is returning to Council to provide additional information about Certified Welcoming City status and receive formal direction. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the state CEQA Guidelines because it will not result in a physical change in the Page 333 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda P a g e | 2 environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Human Relations Commission voted in support of Welcoming City recertification. DISCUSSION In November 2019 the City received a Certified Welcoming designation from Welcoming America. “Certified Welcoming” is the formal designation bestowed upon local governments that meet the Welcoming Standard after an audit of policies and programs for an agency’s efforts including and welcoming immigrants in all areas of civic, social, and economic life in their communities. The designation was for a period of three years and expired in December 2022. At its May 23, 2023 meeting, the City Council made a referral to the City Manager to pursue a Welcoming City recertification. In 2023, Welcoming America published a revised Certified Welcoming Standard. Previously, Welcoming America would determine, after a comprehensive questionnaire and five -day in-person audit, if an agency met the Welcoming Standard to receive the designation of “Certified Welcoming”. The revised Certified Welcoming program has a star designation system, ranging from one to five stars, with varying costs and time resource commitments to achieve varying levels of stars and is valid for four years. Additionally, Welcoming America recently updated their membership tiers and assessment fees from the City’s initial certification. Currently there are three levels of members: General, Core and Premium, which range in price from $200 - $2,500 annually, and the audit can range from no-cost (one star) to $6,500 (2-5 stars) based on the level of star designation desired. To obtain a Certified Welcoming designation, the City must be audited for compliance in seven welcoming standards: Civic Engagement, Connected Communities, Economic Development, Education, Equitable Access, Government and Community Leadership, and Safe Communities. Based on the number of stars the City is seeking to achieve, the amount of time to compile and report data from internal and external stakeholders will vary. Additionally, the desired star designation impacts the length of audit and the number of internal and external stakeholders that need to be made available. The table below shows the number of criteria assessed for each star designation and length of audit. (Attachment 1) Stars Framework Areas Reviewed Number of Criteria Assessed Audit Timeline 1 7 16 1 day virtual 2 7 39 2-5 days 3 7 60 2-5 days 4 7 80 2-5 days 5 7 101 2-5 days Welcoming America’s audit would determine if the City met the compliance standards for the star designation the City was seeking and would result in a detailed final report that identifies the community’s strengths and provides a roadmap for areas of growth. If designated as "Certified Welcoming”, this would be for a period of four years. During this time, the City could apply for a greater star designation (if not initially Page 334 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda P a g e | 3 5-Star Certified Welcoming). This process could start at any time, subject to an additional certification fee of $6,500. As a Certified Welcoming city, the City would be making the following commitments to Welcoming America:  Membership - Payment of annual membership fees  Audit - Compliance audit(s) by Welcoming America at any time, that may include contractors or third parties.  Investigation – Welcoming America will have the ability to investigate complaints, including anonymous complaints, submitted to Welcoming America based on any of the areas that the City was assessed on as part of the initial audit. (Attachment 2) If the City Council chooses to pursue Certified Welcoming, the fastest path forward would be to pursue an initial “1-Star Certified Welcoming” designation. 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 Fiscal impact is based on City Council selection and include:  1 Star with Core membership - $1,500  1 Star with Premium membership - $2,500  2-5 Star with Core membership - $8,000  2-5 Star with Premium membership - $9,000 There are sufficient anticipated budgetary savings to offset this cost in the General Fund in the current fiscal year. Should City Council elect to pursue a 2-5 Star designation, additional resources would be required due to the associated time commitment. A recommendation to amend the City Manager’s hourly budget accordingly would be included in a future quarterly budget update. ONGOING FISCAL IMPACT Annual membership fees ranging from $1,500 (Core) or $2,500 (Premium) to maintain Certified Welcoming status, dependent on City Council’s selection, are anticipated and would be incorporated into future budgets. ATTACHMENTS 1. Certified Welcoming Guide 2023 2. Certified Welcoming Complaint Form Staff Contact: Courtney Chase, Deputy City Manager Page 335 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda BECOME A WELCOMING COMMUNITY Guide to achieving the Certified Welcoming designation under the Welcoming Standard version 2.0 Page 336 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Published in April 2023 by Welcoming America Creative Commons License BY-NC-SA 4.0 “Portland takes great pride in our shared immigrant heritage and longstanding history as a community where people from across the globe are celebrated. We recognize that our community is more vibrant and prosperous when all individuals, from all backgrounds, races, ethnicities and countries of origins, are welcomed and valued. While we celebrate the collective achievements of our community in gaining this recognition, we also realize that it is merely an affirmation that we are on the right track and that there is more work to be done to ensure that everyone here feels included and connected.” —MAYOR KATE SNYDER, CITY OF PORTLAND, MAINE (Certified Welcoming since 2022) Page 337 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda TABLE OF CONTENTS 02 ABOUT WELCOMING AMERICA AND CERTIFIED WELCOMING 03 INTRODUCTION 03 Background 04 About this guide 05 HOW TO BECOME CERTIFIED WELCOMING 06 Ensuring you’re ready 07 Overview of the certification process 08 Process 10 Pricing & contact info 11 CERTIFIED WELCOMING CRITERIA 12 Welcoming Standard framework areas 14 Criteria by star designation 28 WHAT COMMUNITIES SAY ABOUT BEING CERTIFIED WELCOMING 30 ACKNOWLEDGEMENTS BECOME A WELCOMING COMMUNITY 1Page 338 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda ABOUT WELCOMING AMERICA Welcoming America is a nonprofit, nonpartisan organization that leads a movement of inclusive communities becoming more prosperous by ensuring everyone belongs. We believe that all people, including immigrants, are valued contributors and vital to the success of our communities and shared future. Through the Welcoming Network, we work to help communities develop the roadmap they need to create welcoming policies and share new approaches to inclusion to create an environment where everyone can truly thrive. Our mission is to support communities building a welcoming society where every person, including immigrants, can fully contribute and shape our shared prosperity. Our vision is a just world in which we each belong, prosper, and thrive in the place we now call home, no matter where we came from. Learn more at WelcomingAmerica.org. ABOUT CERTIFIED WELCOMING Certified Welcoming is a formal designation for local governments that have created policies and programs reflecting their values and commitment to immigrant inclusion. This innovative program assesses local governments on their efforts to include and welcome immigrants in all areas of civic, social, and economic life in their communities. With a Certified Welcoming designation, communities distinguish their local efforts, build a competitive advantage, and gain access to opportunities to share their welcoming practices on a regional, national, and global stage. Learn more at CertifiedWelcoming.org. 2 Page 339 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda INTRODUCTION Strong communities are ones that connect and include people of all backgrounds. By doing so, communities — and those who live there — will meet their highest civic, social, and economic potential. As local governments look to create more equitable and vibrant communities, welcoming and inclusive policies, programs, and practices will set themselves apart. 1 Local governments are places with a governing body, and include cities, towns, counties and other local government jurisdictions. To gain this competitive edge, leaders in local governments across the United States can lean on the Certified Welcoming program and Welcoming Standard framework areas to measure, promote, guide, and validate welcoming efforts. BACKGROUND Welcoming America launched Certified Welcoming in 2017 as a formal designation for local governments1 to demonstrate their welcoming values through policies, programs, and practices. Since the program’s launch, more than two dozen communities in the United States have undertaken the rigorous process to become Certified Welcoming. Outcomes of Certified Welcoming include accountability and institutionalization of work, opportunity to identify gaps and prioritize next steps, and ability to raise the profile of the locality for investment in welcoming and immigrant inclusion work. In 2020, Welcoming America embarked on a multi-year project to update the Welcoming Standard and Certified Welcoming to ensure they continue to provide an accurate and user-friendly roadmap for places seeking to become truly welcoming places for immigrants, refugees, and all residents. This was done in consultation with a broad range of stakeholders from local government, academia, nonprofits, think tanks, philanthropy, and beyond, as well as Welcoming Network members — including members that had directly participated in Certified Welcoming. The updated Welcoming Standard includes several new criteria that better reflect the wide range of institutions and policies that influence day-to-day life in local communities. It is also intended to be more accessible to communities with fewer resources and smaller populations. Because the Welcoming Standard builds upon itself, communities can now envision paths to deepen their work, gain new champions, and set new goals for becoming Certified Welcoming at any level. BECOME A WELCOMING COMMUNITY 3Page 340 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda ABOUT THIS GUIDE This guide outlines the second iteration of the Certified Welcoming program and the Welcoming Standard that communities must meet to earn the designation of Certified Welcoming. It is intended for those interested in learning more about what it takes to achieve the Certified Welcoming designation. This guide also captures a new designation system for Certified Welcoming which allows places to achieve one of five star designations for their welcoming efforts. A set of criteria from the Welcoming Standard is tailored to each star designation. Far from being a “rating system,” the Certified Welcoming stars ensure that cities, towns, and counties have a chance to achieve the designation of Certified Welcoming while also providing pathways to advance their welcoming work. Fostering welcoming and inclusive communities requires continuous work, but it is ultimately achievable. It is a worthy endeavor that we hope becomes more practical through this guide. Photo credit: iStock4Page 341 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda HOW TO BECOME CERTIFIED WELCOMING BECOME A WELCOMING COMMUNITY 5Page 342 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda ENSURING YOU’RE READY 2 Relying solely on data from the American Community Survey or the U.S. Census can be unreliable for foreign-born populations. We recommend collecting additional information from direct service providers, schools, and other trusted community sources to determine the demographics of immigrants in your community. Places seeking to become Certified Welcoming should understand the demographics of their community.2 We recommend conducting a landscape analysis on the community partners and stakeholders involved in local welcoming and inclusion work. While Certified Welcoming cannot be achieved without the work of a wide array of community organizations and leaders, the Certified Welcoming designation is for local governments and they must be the lead applicant. Community-based organizations interested in Certified Welcoming will need to engage their local government to apply for the program. Beyond certification, Welcoming America’s Welcoming Network offers opportunities for all of its members to meet the Welcoming Standard, including support for community-based organizations when the local government is not yet ready to be involved. Photo credit: Roberto Torres6Page 343 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda OVERVIEW OF THE CERTIFICATION PROCESS The Certified Welcoming process formally evaluates and assesses your community’s efforts to provide an inclusive place for all. Candidates complete an intake form and self-assessment, and receive an evaluative audit (virtual or in-person). At the end of the assessment process, candidates receive a detailed final report that identifies the community’s strengths and provides a roadmap for areas of growth. Depending on the certification team’s findings, places either receive the Certified Welcoming designation or implement an action plan to work toward achieving their designation. Local governments are required to be the lead applicant for Certified Welcoming; however, the designation would not be possible without the work and support of community partners. Community partners — such as refugee resettlement agencies, chambers of commerce, and local schools — typically contribute to the certification process by providing information for the self-assessment and being interviewed during the audit. From start to finish, the certification process typically takes six months to one year. Certificates are valid for four years. To maintain certification, local governments must continue to meet the indicators in the Welcoming Standard, address any observations in their certification report, and update their self-assessment before their certificate expires. BECOME A WELCOMING COMMUNITY 7Page 344 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda PROCESS SELF-ASSESSMENT Localities seeking certification are required to conduct a self-assessment in which they gather evidence and information to demonstrate compliance with the Welcoming Standard. At this stage, localities select the star designation they would like to be evaluated for. DESKTOP REVIEW / ANALYSIS BY CERTIFICATION TEAM Once the self-assessment is complete, the certification team reviews it and conducts a preliminary analysis of compliance. With this initial assessment, the certification team may request additional evidence or flag items for the audit interviews. AUDIT The audit, either virtual or in-person, consists of a series of interviews with stakeholders, including community leaders, government employees, and representatives from community-based organizations. The audit provides an opportunity to verify information provided in the self-assessment, gather additional evidence, and gain a better context and understanding of the landscape of local welcoming and immigrant inclusion work. 1 2 3 8 Page 345 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda REPORT The certification team will produce a detailed final report with their findings, including compliance with the Welcoming Standard, as well as local strengths and opportunities for growth. Reports often provide communities with a roadmap for identifying priorities and next steps to continuously improve work. ADDITIONAL EVIDENCE, IF REQUIRED The report identifies any non-compliant criteria and localities have the opportunity and additional time to provide evidence to demonstrate compliance to gain certification. CERTIFICATE AND ANNOUNCEMENT Once compliant with all of the criteria for the star designation, local governments receive their certificate and coordinate an announcement. Welcoming America communications staff provide additional support to amplify the achievement, including a press release, a quote from Welcoming America, and branded marketing materials to use. RECERTIFICATION The Certified Welcoming designation is valid for four years, at which point local governments must apply for recertification to maintain the designation. Recertification follows the same process as the initial certification, but typically takes less time since evidence may be carried over from the previous designation. If localities would like to be evaluated for a new star designation before their certification cycle has ended, they may reapply and go through the same process. 4 5 6 BECOME A WELCOMING COMMUNITY 9Page 346 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda PRICING Please refer to CertifiedWelcoming.org for our current fee structure. For scholarship opportunities, send an email to certified@welcomingamerica.org. CONTACT INFO Contact certified@welcomingamerica.org for any questions or to get started. Photo credit: Adobe Stock10Page 347 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda CERTIFIED WELCOMING CRITERIA BECOME A WELCOMING COMMUNITY 11Page 348 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda CIVIC ENGAGEMENT (CE) Welcoming communities ensure that all residents, including immigrants, are able to fully participate in civic life. Immigrant residents have access to democratic spaces, and shape community priorities and policies. Immigrants hold leadership roles in the community, and local institutions are invested in increasing access to leadership positions for immigrant residents. WELCOMING STANDARD FRAMEWORK AREAS CONNECTED COMMUNITIES (CC) Welcoming communities build connections and trust between residents. Community institutions — including local government, businesses, faith communities, and nonprofits — create opportunities and spaces for immigrant and non-immigrant residents to have constructive interactions, develop relationships, and deepen their understanding of one another. Institutions support residents in building their personal capacity to engage with people different from themselves on equal footing and in sustained ways that reduce prejudice and strengthen diverse community relationships. ECONOMIC DEVELOPMENT (EC) In welcoming communities, all residents — including immigrants — can participate fully in the economy. Workforce and economic development infrastructure address the priorities and needs of immigrant residents and immigrant jobseekers. Programs that support entrepreneurship, business development, and workforce development are accessible to all residents, including immigrants. Local businesses are committed to diverse hiring and retaining employees with diverse racial and ethnic backgrounds. The seven framework areas of the Welcoming Standard underpin the Certified Welcoming process. Within each framework area are multiple criteria that local governments must fulfill based on the star designation they choose to pursue. Following are the goals of each framework area of the Welcoming Standard. In the next section, you will find the full set of criteria based on each Certified Welcoming star designation. 12 Page 349 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda EDUCATION (ED) In welcoming communities, the education system ensures all students, including immigrant students, have the support they need to thrive in school and the knowledge they need to succeed in the workforce. Schools and community education programs are informed by the needs and priorities of immigrant students and families, and are accessible to all residents, including immigrants. Welcoming and inclusion efforts are not siloed within a single school or program, but incorporated into the schools and school districts that serve the community. EQUITABLE ACCESS (EA) Welcoming communities ensure local services are accessible to all residents, including immigrants. Immigrant residents provide feedback to local government and community- based organizations to identify and address demographic disparities and gaps in services, and to improve access to programs, particularly in the areas of housing, health, transportation, financial services, and the justice system. GOVERNMENT AND COMMUNITY LEADERSHIP (GL) Welcoming communities have infrastructure in place to support immigrant participation, inclusion, and equity. The local government and community-based organizations regularly seek feedback from immigrant residents to understand the challenges and priorities of immigrant residents. Institutions work closely together to prioritize and build capacity to implement immigrant participation, inclusion, and equity strategies. SAFE COMMUNITIES (SC) Welcoming communities prioritize safety for all residents, including immigrants. Policies and practices are in place that prevent discrimination. Strong, trusting relationships are built between immigrant residents and local safety services, such as law enforcement, fire departments, code enforcement, and emergency response. Effective bidirectional communication between safety services and immigrant residents exists, and programs are in place to address implicit and structural bias. Community partnerships are built to identify and address needs and gaps in services. BECOME A WELCOMING COMMUNITY 13Page 350 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda CRITERIA BY STAR DESIGNATION 14 Page 351 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Following are the criteria for each Certified Welcoming star designation. All criteria must be fulfilled in order to receive the designation. Each star designation builds on the previous star — for example, a 2-star certification requires meeting the criteria for both 1-star and 2-star. BECOME A WELCOMING COMMUNITY 15Page 352 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda CIVIC ENGAGEMENT CE 1.0 Programs support immigrants in obtaining U.S. citizenship. CONNECTED COMMUNITIES CC 1.0 Local government leadership does not make public statements discouraging immigration or immigrant inclusion. CC 1.1 There is ongoing public communication from local government leadership about its commitment to welcoming immigrants. CC 1.2 Local government leadership does not make public statements directly attacking individuals or groups on the basis of their immigration status, national origin, religion, ethnicity, race, gender and gender identity, ancestry, sexual orientation, or ability. CC 1.3 The local government participates in celebrations of immigrant cultures, customs, and beliefs. ECONOMIC DEVELOPMENT EC 1.0 Programs support immigrant job seekers in finding and obtaining employment. EC 1.1 Programs support immigrant business owners in starting, sustaining, or growing their businesses. 1-STAR CERTIFIED WELCOMING 16 Page 353 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda EDUCATION ED 1.0 Programs address barriers to navigating local K-12 school district(s) for immigrant families. ED 1.1 Local K-12 school districts provide language accessible information about the school system and services available to immigrant families. ED 1.2 Programs work to address barriers to adult English language classes. EQUITABLE ACCESS EA 1.0 Local government departments disseminate information on government services, resources, and public benefits with the goal of expanding access to immigrants. GOVERNMENT AND COMMUNITY LEADERSHIP GL 1.0 The local government has one or more staff positions whose responsibilities include advancing immigrant inclusion. GL 1.1 The local government has a process in place to ensure regular communication with immigrant residents. GL 1.2 Public libraries implement an immigrant inclusion strategy. SAFE COMMUNITIES SC 1.0 Local law enforcement agencies have programs in place to build trust and mutual understanding with immigrant communities and immigrant- serving organizations. SC 1.1 Local law enforcement agencies do not have policies in place where the primary purpose is to detain or deport immigrants. BECOME A WELCOMING COMMUNITY 17Page 354 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 2-STAR CERTIFIED WELCOMING In addition to meeting all of the 1-star criteria, places seeking a 2-star designation should also fulfill the following: CIVIC ENGAGEMENT CE 2.0 Programs support eligible immigrants in voting. CONNECTED COMMUNITIES CC 2.0 Programs bring together immigrant and non- immigrant residents to build relationships. CC 2.1 Arts and creative placemaking programs highlight the diverse artistic traditions of the community in public spaces. CC 2.2 Community efforts advancing immigrant inclusion are connected to broader equity work. ECONOMIC DEVELOPMENT EC 2.0 Programs support immigrant adults in accessing additional education to obtain the skills and degrees required to meet their employment goals. EC 2.1 Programs address barriers for immigrant entrepreneurs and business owners. EDUCATION ED 2.0 Programs support immigrant family engagement in their child’s education. ED 2.1 Programs support immigrant students in understanding and accessing higher education opportunities. ED 2.2 Programs address barriers to the adult education infrastructure for immigrant adults. EQUITABLE ACCESS EA 2.0 Information from the local government (EA 1.0) is communicated through outreach methods that are proven to be effective in reaching immigrant residents. EA 2.1 Programs address barriers to immigrants accessing and navigating preventative healthcare. EA 2.2 Programs inform immigrants of workers’ rights. EA 2.3 Programs address barriers to digital inclusion for immigrant residents. 18 Page 355 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda GOVERNMENT AND COMMUNITY LEADERSHIP GL 2.0 The local government leadership has an immigrant inclusion strategy for its departments and agencies. GL 2.1 A group of local leaders and residents regularly convenes to advance immigrant inclusion efforts. GL 2.2 Participants of the group advancing immigrant inclusion (GL 2.1) reflect the diversity of the community in demographics, constituencies, and sectors. GL 2.3 The group advancing immigrant inclusion (GL 2.1) has a process in place to ensure regular bidirectional communication with immigrant communities. GL 2.4 The group (GL 2.1) informs local government staff and is able to provide direct feedback on issues impacting and priorities of the immigrant community. GL 2.5 Local recreational programs implement an immigrant inclusion strategy. SAFE COMMUNITIES SC 2.0 Programs inform immigrants of their rights and responsibilities when interacting with local law enforcement and the legal system. SC 2.1 Programs inform immigrants of their rights and responsibilities when interacting with immigration enforcement and the detention system. SC 2.2 Local law enforcement agencies have programs to ensure regular communication with immigrant residents. SC 2.3 Programs connect immigrant victims and witnesses of crime with community resources. BECOME A WELCOMING COMMUNITY 19Page 356 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 3-STAR CERTIFIED WELCOMING In addition to meeting all of the 1-star and 2-star criteria, places seeking a 3-star designation should also fulfill the following: CIVIC ENGAGEMENT CE 3.0 Programs support immigrants in developing civic leadership skills and are accessible to speakers of languages other than English. CE 3.1 A program connects immigrants with local government departments and community resources with the goal of supporting immigrants in navigating and accessing these services. CE 3.2 The program (CE 3.1) is accessible to speakers of languages other than English. CONNECTED COMMUNITIES CC 3.0 Local government efforts to advance immigrant inclusion are connected to and reinforce the local government’s broader equity work. ECONOMIC DEVELOPMENT EC 3.0 Local workforce agencies have information on current and projected demographic trends of the local immigrant population and the unique barriers faced by immigrant job seekers. EC 3.1 Programs support immigrant job seekers in communicating foreign work experience and skills for U.S. employers. EC 3.2 Chambers of commerce and/or economic development agencies are engaged in immigrant inclusion work. 20 Page 357 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda EDUCATION ED 3.0 Programs train K-12 educators and staff on teaching and supporting diverse student populations, including immigrant students. ED 3.1 Programs support immigrant students in accessing career technical education. ED 3.2 K-12 schools support immigrant students that have limited or interrupted formal education to attain their educational goals. ED 3.3 Programs provide contextualized English language classes for adult English learners. EQUITABLE ACCESS EA 3.0 Information from the local government (EA 1.0) is provided in languages other than English. EA 3.1 Programs address barriers to immigrants accessing immigration legal services. EA 3.2 Programs address barriers to immigrants accessing and navigating maternal and infant healthcare. GOVERNMENT AND COMMUNITY LEADERSHIP GL 3.0 Local government departments know the demographics of the immigrant population and have access to tools to serve these residents.* GL 3.1 The local government has a language access policy that includes interpretation and translation protocols for all externally facing government departments.* GL 3.2 The local government provides regular training to its staff about language access requirements, available resources to provide meaningful language access, and working with speakers of languages other than English.* GL 3.3 The local government regularly assesses language access needs and usage across departments in order to improve each department’s ability to conduct business in languages other than English.* SAFE COMMUNITIES SC 3.0 Law enforcement staff receive regular training, over the course of their career, on working with diverse residents, including immigrants. SC 3.1 A policy is in place that clarifies the jurisdiction and separation between local law enforcement and federal immigration enforcement agencies. SC 3.2 Local emergency management agencies have a plan to inform immigrants of community emergencies, and that plan includes communication methods that are effective in reaching speakers of languages other than English. BECOME A WELCOMING COMMUNITY 21Page 358 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 4-STAR CERTIFIED WELCOMING In addition to meeting all of the 1-star, 2-star, and 3-star criteria, places seeking a 4-star designation should also fulfill the following: CIVIC ENGAGEMENT CE 4.0 Programs build immigrant youth leadership. CE 4.1 Programs address barriers to immigrant participation in public hearings and meetings. CE 4.2 Programs address language access needs for participation in public hearings and meetings. CONNECTED COMMUNITIES CC 4.0 Programs that serve diverse immigrant and non-immigrant residents embed strategies to build relationships between immigrant and non-immigrant participants. CC 4.1 Programs work to address biases about others held by non-immigrant residents. CC 4.2 Programs work to address biases about others held by immigrant residents. ECONOMIC DEVELOPMENT EC 4.0 Programs support immigrants in meeting occupational certification and/or credentialing requirements. EC 4.1 Programs support immigrant business owners in accessing capital to start, sustain, and grow their businesses. 22 Page 359 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda EDUCATION ED 4.0 Programs work with K-12 schools to regularly collect feedback from immigrant families on the school environment. ED 4.1 Programs address barriers to participation in family engagement programs for immigrant families. ED 4.2 Programs address barriers to early childhood education and care for immigrant children. EQUITABLE ACCESS EA 4.0 Programs address barriers to immigrants accessing and navigating mental health services. EA 4.1 Programs address barriers to accessing rental housing for immigrants. EA 4.2 Local mobility planning efforts address the needs and priorities of immigrant residents. EA 4.3 Programs address barriers to immigrants in accessing civil legal services. GOVERNMENT AND COMMUNITY LEADERSHIP GL 4.0 A community-wide strategy for immigrant inclusion is set through a feedback process including immigrant and non-immigrant residents representing the diversity in the community. GL 4.1 There is a process in place to regularly update the strategy (GL 4.0) with feedback from immigrant and non-immigrant residents. GL 4.2 Local government departments annually set and monitor goals for immigrant inclusion informed by the needs of immigrant residents and the community-wide strategy (GL 4.0).* SAFE COMMUNITIES SC 4.0 Local emergency notification platforms are available in languages other than English. SC 4.1 The local government has a process in place to identify the priorities and goals of immigrant residents for creating a safer community. BECOME A WELCOMING COMMUNITY 23Page 360 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda 5-STAR CERTIFIED WELCOMING In addition to meeting all of the 1-star, 2-star, 3-star, and 4-star criteria, places seeking a 5-star designation should also fulfill the following: CIVIC ENGAGEMENT CE 5.0 Programs address barriers to immigrant participation on local government commissions and boards. CE 5.1 Programs address language access needs for participation in public boards and commissions. CE 5.2 Programs engage state and/or local election offices on barriers to voting for eligible immigrants. CE 5.3 Programs provide training to immigrant residents on accessing and using local government data and information. CONNECTED COMMUNITIES CC 5.0 The local government accommodates diverse cultural and religious practices in its daily operations. CC 5.1 Programs resource initiatives that bring immigrant and non-immigrant residents together to identify and work on common interests or challenges. ECONOMIC DEVELOPMENT EC 5.0 Programs work with relevant state agencies to address barriers to occupational licensing for immigrant residents. EC 5.1 Programs work with employers to build welcoming work environments. EC 5.2 Programs work with employers to identify and address barriers to hiring immigrant job seekers. EC 5.3 Programs work with employers and immigrant employees to identify and address barriers to retaining immigrant staff. EC 5.4 Programs address barriers to obtaining local government procurement and contracting opportunities. 24 Page 361 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda EDUCATION ED 5.0 K-12 schools accommodate diverse cultural and religious practices in daily operations. ED 5.1 Programs support immigrant students in accessing mental health services. ED 5.2 Programs engage the state government on expanding access to adult education programs for immigrant adults. ED 5.3 Programs engage the state government on expanding access to early childhood education and care programs for immigrant children. EQUITABLE ACCESS EA 5.0 Information from the local government (EA 1.0) is proactively written and designed with translation and the diversity of residents in mind. EA 5.1 Programs address barriers to homeownership for immigrants. EA 5.2 Programs work with the state government and/or regional transit authorities on expanding access to transportation, including addressing the needs and priorities of immigrant residents. EA 5.3 Programs provide training to those in the legal system on the potential impact of criminal convictions on residents with different immigration statuses. BECOME A WELCOMING COMMUNITY 25Page 362 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda GOVERNMENT AND COMMUNITY LEADERSHIP GL 5.0 Local government departments have programs that build relationships with immigrant residents.* GL 5.1 Local government departments have programs that address the needs and priorities of immigrant residents.* GL 5.2 Local government departments receive training on working with diverse populations, including immigrants. GL 5.3 Programs engage regional jurisdictions on adopting and implementing welcoming policies and programs across the region. GL 5.4 The local housing authority implements an immigrant inclusion strategy. SAFE COMMUNITIES SC 5.0 Local law enforcement has one or more staff positions whose responsibilities include advancing immigrant inclusion. SC 5.1 Law enforcement agencies publicly share data on arrests, jail population, use of deadly force, resident complaints, and language access usage and disaggregate this data by race, ethnicity, gender, and geography. A NOTE ON THE GOVERNMENT AND COMMUNITY LEADERSHIP CRITERIA: Criteria in 3-5 star designations for Government and Community Leadership reference local departments as a whole. For criteria designated with an asterisk (*), all local government departments are expected to meet these criteria. To assess these criteria, we collect data from the departments listed below — if under the jurisdiction of the local government — during the assessment process. The Certified Welcoming team may also request information from 1-3 additional departments during the certification process to check compliance. • Child protective services • Communications • Department(s) that enforce building, construction, fire, health, and housing codes • Economic development • Emergency dispatch • Emergency management • Emergency medical services (EMS) • Fire • Human resources • Law enforcement • Neighborhoods • Planning • Purchasing • Public health • Zoning 26 Page 363 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Photo credit: Adobe StockBECOME A WELCOMING COMMUNITY 27Page 364 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda WHAT COMMUNITIES SAY ABOUT BEING CERTIFIED WELCOMING PHILADELPHIA, PA DETROIT, MI NASHUA, NH “Philadelphia has worked tirelessly to be a place where people — from all walks of life — feel a sense of belonging. Our greatest strength is our vibrant diversity and that is largely in part due to the tremendous and continuous contributions made by our immigrant communities. This special recognition is not the end of our efforts, but a true testament to the commitment and hard work of City departments and partner organizations.” —MAYOR JIM KENNEY, City of Philadelphia, Pennsylvania (Certified Welcoming since 2023) “We wanted to change the narrative in Detroit and show that what’s happening in Detroit is different from what’s happening across the country, that we were welcoming to all. Having the Certified Welcoming designation would separate us from other communities and show that we were proud to be a community of immigrants and refugees.” —ROBERTO TORRES, Director of Immigrant Affairs and Economic Inclusion, City of Detroit, Michigan (Certified Welcoming since 2022) “In practice, we have always strived to be a welcoming city to all; having this recognition helps us reinforce the assertion that we are passionately dedicated to ensuring that everyone feels safe and supported here in Nashua. Our cultural diversity is what makes our city the vibrant, exciting place it is, and we are happy to share this wonderful certification news with our community.” —MAYOR JIM DONCHESS, City of Nashua, New Hampshire (Certified Welcoming since 2022) 28 Page 365 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda “First, I think the achievement of becoming a Certified Welcoming city was truly a recognition of the work that community partners put in. We got to this point together and this is how you can see if people feel like they belong: by being able to accomplish something like this together. The City of Pittsburgh and community partners know that this isn’t a one-off accomplishment or a box that is checked. The work is ongoing and our community partnerships and commitment will continue to carry forward.” —FEYISOLA AKINTOLA, Special Initiatives Manager, Office of Equity, City of Pittsburgh, Pennsylvania (Certified Welcoming since 2021) “Being Certified Welcoming strengthens and affirms [the welcoming work] you’re doing. It is a very rigorous process because someone else was evaluating us, telling us what we were doing well and what could be improved. The Certified Welcoming process puts a name towards that work.” —JEANNETTE HORWITZ, Program Coordinator, City of Dayton, Ohio (Certified Welcoming since 2017) “Salt Lake County has a long history of welcoming immigrants and refugees from all over the world. New Americans continue to enrich our community with their unique cultures and contribute to the economic and political vibrancy of Salt Lake County. As the first county in the nation to become Certified Welcoming in 2018, regaining this designation reaffirms our commitment to welcoming and supporting immigrants and refugees. My Office for New Americans continues to identify and address barriers to the integration of our neighbors so that they can maximize their civic, social, and economic potential in Salt Lake County, where we all belong.” —MAYOR JENNIFER WILSON, Salt Lake County, Utah (Certified Welcoming since 2018) See more stories about Certified Welcoming at CertifiedWelcoming.org/blog. PITTSBURGH, PA DAYTON, OH SALT LAKE COUNTY, UT BECOME A WELCOMING COMMUNITY 29Page 366 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda ACKNOWLEDGEMENTS The updated Certified Welcoming program and Welcoming Standard version 2.0 is the outcome of two years of conversations, feedback, and knowledge exchange with experts and stakeholders in a broad range of fields, including members of the Welcoming Network, partners, academia, local government, the private sector, and beyond. Additionally, Welcoming America received more than 100 responses on a draft of the Welcoming Standard over a 60-day public comment period. We thank everyone who contributed their support and generous contribution of time and resources. CONTENT ADVISORY BOARD FOR THE WELCOMING STANDARD Amer J. Al Fayadh Communication Essentials, LLC Niken Astari Carpenter City of Erie, PA Anka Badurina Building One Community Pablo Bose University of Vermont Jeremy Carter Urban Redevelopment Authority of Pittsburgh Stefanie Chambers Trinity College Lorrie Chang Policy Link Annie Chen Vera Institute of Justice Natalie Copeland Ringsmuth UniteCloud Brian Corr National Association for Civilian Oversight of Law Enforcement Lauren Crain WES Mariam Assefa Fund Maria Domingo Jewish Family Services Buffalo Kevin Douglas Grantmakers Concerned with Immigrants and Refugees Felipe A. Filomeno University of Maryland, Baltimore County Abigail Fisher Williamson Trinity College Matt Fulton Polco/NRC Laura Gardner Immigrant Connections Carla Gibson REACH Healthcare Foundation Danielle Grigsby Refugee Council USA 30 Page 367 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Susana Guardado OneMorgan County Vethina Hage Urban Redevelopment Authority of Pittsburgh Hiba Haroon Prosperity Now Michael Huang Communities In Schools Tomás Jiménez Stanford University Mo Kantner American Immigration Council Melissa Kelly Ryerson University Malka Kopell Civity An Le City of Boston, MA Kien S. Lee Community Science Edmundo Lijo City of Saint Paul, MN Anna Marandi Wendy Mateo Pascual Mary Jayne McCullough Global Wordsmiths Paul McDaniel Kennesaw State University Margie McHugh, MPI National Center on Immigrant Integration Policy Sarah Mesick National Partnership for New Americans Valerie Mills City of Atlanta, GA Karen Murphy Human Responsibility Accelerator Ana Ndumu American Library Association Services to Refugees, Immigrants, and Displaced Persons Sub-Committee Ayman Okar Refugee Congress Karen Phillippi Global Michigan Miriam Potocky International Rescue Committee Anna Rashed Marandi National League of Cities Vanessa Saldivar Cities for Action Jessica Schenk Gateway Region YMCA Paul Stein Mary Tauras Forge Consulting Steve Tobocman Global Detroit Julia Trujillo Luengo State of Maine BECOME A WELCOMING COMMUNITY 31Page 368 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda TECHNICAL COMMITTEE FOR THE WELCOMING STANDARD Catherine Crosby Town of Apex, North Carolina Erica DeLeon One Siouxland Sebastian Geers Welcoming Australia Mara Kimmel Welcoming America Lola Pak Welcoming America Catalina Rodriguez-Lima City of Baltimore, Maryland Ze Min Xiao Economic Development Corporation of Utah PILOT SITES FOR CERTIFIED WELCOMING 2.0 City of Champaign Illinois and New American Welcome Center at the YMCA City of Tulsa Oklahoma San Mateo County California Special Mention We thank the staff and leadership of Welcoming America for their input, including Meg Shoemaker Little and Melissa Bertolo, who have led the process to update the Welcoming Standard. Photo credit: Adobe Stock32Page 369 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 370 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Visit CertifiedWelcoming.org to find more information and stories about becoming Certified Welcoming. Contact: certified@welcomingamerica.org Page 371 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 372 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 373 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 374 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 375 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Presented by: Courtney Chase, Deputy City Manager Page 376 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Membership Tiers Page 377 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Certified Welcoming –Welcoming Standard •Civic Engagement •Connected Communities •Economic Development •Education •Equitable Access •Government and Community Leadership •Safe Communities Page 378 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Certified Welcoming –Star Designation Stars Framework Areas Reviewed Number of Criteria Assessed Audit Timeline 1 7 16 1 day virtual 2 7 39 2-5 days 3 7 60 2-5 days 4 7 80 2-5 days 5 7 101 2-5 days Page 379 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Certified Welcoming •Membership –Annual payment of membership fees. •Audit -Compliance audit(s) by Welcoming America at any time, that may include contractors or third parties. •Investigation –Welcoming America will have the ability to investigate complaints, including anonymous complaints, submitted to Welcoming America based on any of the areas that the City was assessed on as part of the initial audit. Page 380 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Council Direction Page 381 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 382 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 383 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 384 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 385 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Mayor Paloma Aguirre speaking at her first state of the city address on Thursday, Nov. 7, 2023. “We are looking forward to a partnership opportunity with the city of Chula Vista to provide shelter to unhoused residents in Imperial Beach and eventually be placed in permanent housing,” the mayor added. Page 386 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 387 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda v . 0 03 P a g e | 1 January 9, 2024 ITEM TITLE Contract Amendment: Approve an Amendment to the Contract with the Board of Administration and CalPERS for Local 2180 International Association of Fire Fighters Classic Members to Make an Additional Contribution Pursuant to Government Code Section 20516 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 an ordinance to approve an amendment to the contract between the Board of Administration, California Public Employees’ Retirement System (CalPERS) and the City of Chula Vista to provide a mandatory employee contribution for all classic Local Safety members of the Local 2180 International Association of Fire Fighters of 1% of salary as provided under Government Code §20516. (Second Reading and Adoption) Summary This ordinance was placed on first reading on November 14, 2023. The original staff report can be accessed at the following link: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=35845. The second reading was originally approved on Consent on November 28, 2023. Staff is requesting the second reading of the ordinance as an Action Item in order to meet CalPERS requirements. Please note, the original staff report may include information beyond the scope of the ordinance proposed for adoption with this action. For questions, please contact the staff indicated in the original staff report or cityclerk@chulavistaca.gov. Page 388 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM TO PROVIDE A MANDATORY EMPLOYEE CONTRIBUTION FOR ALL CLASSIC LOCAL SAFETY MEMBERS OF THE 2180 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OF ONE PERCENT OF SALARY EFFECTIVE JANUARY 12, 2024 WHEREAS, the City Council is to amend the contract between the City of Chula Vista and the California Public Employees’ Retirement System to provide a mandatory employee contribution for all Local Safety Fire Classic members of the 2180 Local International Association of Fire Fighters of 1% of salary effective January 12, 2024; and WHEREAS, the Public Employees’ Retirement Law (PERL) permits the participation of public agencies and their employees in the Public Employees’ Retirement System by the execution of a contract, and sets forth the procedure by which public agencies may elect to subject themselves and their employees to amendments of the PERL; and WHERES, one of the steps in the procedure to amend this contract is the adoption by the governing body of the public agency of an ordinance to approve an amendment to the contract. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. The amendment to the contract between the City Council of the City of Chula Vista and the Board of Administration, California Public Employees’ Retirement System is hereby authorized, a copy of said amendment is attached hereto, marked Exhibit, and by which reference made a part hereof as though herein set out in full. 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. Page 389 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Ordinance Page 2 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 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 _____________________________________ ___________________________________ Courtney Chase Jill D.S. Maland Deputy City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 390 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 391 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda v . 0 0 4 P a g e | 1 January 9, 2024 ITEM TITLE Employee Compensation: Approve the Revised Compensation Schedule that Reflects Elected Officials’ Salaries Pursuant to the City Charter Report Number: 24-0025 Location: No specific geographic location Department: Human Resources G.C. § 843 No 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) Approving the revised Fiscal Year 2023/24 Compensation Schedule effective January 12, 2024, to reflect the adjusted salaries for Mayor, Councilmember and City Attorney, and B) Amending the Fiscal Year 2023/24 budget. (4/5 Vote Required) SUMMARY Sections 302, 304(B) and 503(C) of the City of Chula Vista City Charter establish the compensation for Councilmembers, the Mayor and the elected City Attorney, respectively, based upon the formulas set forth in those sections. The City received notification from the Judicial Council of California , via a memorandum dated December 18, 2023, of an adjusted salary for the position of Judge of the Superior Court of the State of California, to which the salaries for Councilmembers, the Mayor and the elected City Attorney are tied and made the appropriate changes retroactive to July 1, 2023. Staff is recommending adoption of revised Fiscal Year 2023-2024 Compensation Schedule effective January 12, 2024, to reflect the adjusted salaries for Mayor, Councilmember and City Attorney effective July 1, 2023. Page 392 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda P a g e | 2 ENVIRONMENTAL REVIEW The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Sections 302, 304(B) and 503(C) of the City of Chula Vista City Charter establish the compensation for Councilmembers, the Mayor and the elected City Attorney, respectively, based upon the formulas set forth in those sections. The City received notification from the Judicial Council of Ca lifornia, via a memorandum dated December 18, 2023, of an adjusted salary for the position of Judge of the Superior Court of the State of California, to which the salaries for Councilmembers, the Mayor and the elected City Attorney are tied and made the appropriate changes retroactive to July 1, 2023. Staff adjusted the salary rates for Mayor, Councilmembers and City Attorney upon notification from the State of California, and the Mayor, Councilmembers and City Attorney are currently receiving this pay rate in accordance with the City Charter. Adoption of Resolution A approves the revised Fiscal Year 2023-2024 Compensation Schedule effective January 12, 2024, reflecting the adjusted salaries for Mayor, Councilmember, and City Attorney, effective July 1, 2023, as required by the California Code of Regulations, Title 2, Section 570.5. Adoption of Resolution B amends the budget and appropriates funds in the amount of $11,647 as a result of the adjusted salaries described above. DECISION-MAKER CONFLICT Staff has determined that the action the item is not site specific. Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The estimated net fiscal impact to the General Fund is estimated to total $11,647 which will be offset in full by unanticipated Property Tax revenues. Staff is requesting the proposed budgetary adjustments reflected in the table below: Department Personnel Services Revenues Net Impact City Council $ 11,647 $ - $ 11,647 Non-Departmental (11,647) (11,647) TOTAL EST. GENERAL FUND COST $ 11,647 $(11,647) $ - Page 393 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda P a g e | 3 ONGOING FISCAL IMPACT Ongoing fiscal impacts associated with the proposed changes are estimated to total approximately $18,506 for the General Fund. Such costs will be incorporated into the baseline salary budgets of the respective departments in future fiscal years. The projected Fiscal Year 2024-25 new fiscal impact is reflected in the table below: General Fund Department FY 2024-25 City Council $ 11,647 City Attorney 6,859 TOTAL EST. GENERAL FUND COST $ 18,506 ATTACHMENTS 1. Memorandum from the Judicial Council of California dated December 18, 2023 2. Revised Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Staff Contact: Tanya Tomlinson, Director of Human Resources/Risk Management Page 394 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2023/24 COMPENSATION SCHEDULE EFFECTIVE JANUARY 12, 2024, 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 and be approved by the governing body in accordance with the requirements of the applicable public meeting laws; and WHEREAS, any changes including but not limited to, across-the-board increases, classification changes and salary adjustments approved subsequent to this date, will be reflected on a revised Compensation Schedule and submitted to Council approval; and WHEREAS, the Compensation Schedule will be revised to reflect the salary changes for Mayor, Councilmembers and City Attorney effective July 1, 2023, in compliance with California Code of Regulations, Title 2, Section 570.5. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does adopt the revised Fiscal Year 2023-2024 Compensation Schedule, in substantially the form presented, effective January 12, 2024, as required by California Code of Regulations, Title 2, Section 570.5. Presented by Approved as to form by Tanya Tomlinson Jill D.S. Maland Director of Human Resources/Risk Lounsbery Ferguson Altona & Peak Management Acting City Attorney Page 395 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2023-24 BUDGET FOR APPROPRIATING FUNDS THEREFOR 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 is recommending $11,647 in both expenditure appropriations in the General Fund to Personnel services and increasing the revenue budget from unanticipated Property Tax, resulting in no net impact; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby amends the fiscal year 2023-24 budget and approves the following appropriations: Summary of All Fund Appropriations Department Personnel Services Revenues Net Impact City Council $ 11,647 $ - $ 11,647 Non-Departmental (11,647) (11,647) TOTAL EST. GENERAL FUND COST $ 11,647 $(11,647) $ - Presented by Approved as to form by Tanya Tomlinson Jill D.S. Maland Director of Human Resources/Risk Management Lounsbery Ferguson Altona & Peak Acting City Attorney Page 396 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Exempt Program 1515 S Street, North Building, Suite 500 Sacramento, CA 95811 916) 324-9381; Fax (916) 327-1886 Governor Gavin Newsom Secretary, Government Operations Agency Amy Tong Director Eraina Ortega December 18, 2023 State Controller’s Office 300 Capitol Mall Sacramento, CA 95814 Subject: Exempt Pay Letter Per Government Code section 68203, this is to notify you that the Department of Human Resources (CalHR) has adjusted the following statutory judicial salaries, effective July 1, 2023. After CalHR calculated the 2023 Judicial Salary Increase of 0.53%, 15 bargaining units 1, 3, 4, 6, 7, 10, 11, 12, 14, 15, 16, 17, 19, 20, and 21) received a general salary increase retroactive to July 1, 2023. With the inclusion of the Bargaining Unit 1, 3, 4, 6, 7, 10, 11, 12, 14, 15, 16, 17, 19, 20, and 21 general salary increases, the 2023 calculation yields a 3.16% average percentage salary increase. To account for the difference between the previously provided 0.53% and the newly calculated 3.16%, CalHR has adjusted the judicial salaries by 2.6160% to 2.6163% as reflected in the chart below: Please note that the monthly rate may be rounded down so that the total for the twelve months does not exceed the annual amount. If you have any questions, please contact Angelina Snarr at (916) 324-9406 or Angelina.Snarr@calhr.ca.gov. Class Code Class Title Monthly Salary Annual Salary New Monthly Salary New Annual Salary L5987 Chief Justice $24,789.66 $297,476 $25,438.25 $305,259 L5988 Associate Justice $23,639.41 $283,673 $24,257.83 $291,094 L5991 Justice, Court of Appeal $22,162.00 $265,944 $22,741.83 $272,902 L9999 Judge, Superior Court $19,366.58 $232,399 $19,873.25 $238,479 Page 397 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda State Controller’s Office Page 2 Sincerely, Manpreet Singh Exempt Program Manager 916) 323-4023 cc: Millicent A. Tidwell, Acting Administrative Director Shelley Curran, Incoming Administrative Director (as of Jan. 1, 2024) John Wordlaw, Chief Administrative Officer Adam Dorsey, Incoming Chief Administrative Officer (as of Jan. 1, 2024) Aurora Rezapour, Director, Human Resources Felizia Nava-Kardon, Deputy Director, Human Resources Stephen Chow, Acting Human Resources Supervisor Page 398 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 1 of 70 3633 CONF ACCOUNTANT 0 31.20 2,496.34 1 32.76 2,621.16 2 34.40 2,752.21 3 36.12 2,889.83 4 37.93 3,034.32 3641 ACE ACCOUNTING ASSISTANT 0 23.10 1,848.05 1 24.26 1,940.45 2 25.47 2,037.49 3 26.74 2,139.34 4 28.08 2,246.31 3643 CONF ACCOUNTING TECHNICIAN 0 26.83 2,146.08 1 28.17 2,253.38 2 29.58 2,366.04 3 31.05 2,484.35 4 32.61 2,608.57 3675 ACE ACCOUNTING TECHNICIAN 0 26.83 2,146.08 1 28.17 2,253.38 2 29.58 2,366.04 3 31.05 2,484.35 4 32.61 2,608.57 3677 ACE ACCOUNTING TECHNICIAN II (T) 0 29.22 2,337.78 1 30.68 2,454.67 2 32.22 2,577.40 3 33.83 2,706.27 4 35.52 2,841.58 3645 ACE ACCOUNTS PAYABLE SUPERVISOR 0 33.61 2,688.43 1 35.29 2,822.87 2 37.05 2,964.01 3 38.90 3,112.21 4 40.85 3,267.80 0149 CONF ADMINISTRATIVE SECRETARY 0 28.55 2,283.77 1 29.97 2,397.96 2 31.47 2,517.85 3 33.05 2,643.74 4 34.70 2,775.93 Page 399 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 2 of 70 0179 ACE ADMINISTRATIVE SECRETARY 0 28.55 2,283.77 1 29.97 2,397.96 2 31.47 2,517.85 3 33.05 2,643.74 4 34.70 2,775.93 0154 CONF ADMINISTRATIVE SECRETARY-MAYOR 0 28.55 2,283.77 1 29.97 2,397.96 2 31.47 2,517.85 3 33.05 2,643.74 4 34.70 2,775.93 0215 SM ADMINISTRATIVE SERVICES MGR 0 51.21 4,096.73 1 -- -- 2 -- -- 3 -- -- 4 62.25 4,979.60 0181 ACE ADMINISTRATIVE TECHNICIAN 0 28.55 2,283.77 1 29.97 2,397.96 2 31.47 2,517.85 3 33.05 2,643.74 4 34.70 2,775.93 5316 UCHR ANIMAL CARE AIDE 0 16.54 -- 1 17.37 -- 2 18.24 -- 3 19.15 -- 4 20.11 -- 5327 SM ANIMAL CARE FACILITY ADMIN 0 59.67 4,773.30 1 62.65 5,011.97 2 65.78 5,262.55 3 69.07 5,525.68 4 72.52 5,801.97 5317 ACE ANIMAL CARE FACILITY SUPV 0 33.08 2,646.18 1 34.73 2,778.50 2 36.47 2,917.41 3 38.29 3,063.29 4 40.21 3,216.45 Page 400 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 3 of 70 5343 ACE ANIMAL CARE SPECIALIST 0 20.71 1,657.08 1 21.75 1,739.93 2 22.84 1,826.92 3 23.98 1,918.28 4 25.18 2,014.19 5344 UCHR ANIMAL CARE SPECIALIST 0 20.71 -- 1 21.75 -- 2 22.84 -- 3 23.98 -- 4 25.18 -- 5319 ACE ANIMAL CARE SUPERVISOR 0 28.76 2,301.03 1 30.20 2,416.08 2 31.71 2,536.89 3 33.30 2,663.74 4 34.96 2,796.91 5303 ACE ANIMAL CONTROL OFFICER 0 24.86 1,988.48 1 26.10 2,087.90 2 27.40 2,192.30 3 28.77 2,301.93 4 30.21 2,417.03 5304 ACE ANIMAL CONTROL OFFICER SUPVR 0 28.58 2,286.76 1 30.01 2,401.09 2 31.51 2,521.14 3 33.09 2,647.20 4 34.74 2,779.58 5309 ACE ANIMAL SERVICES SPECIALIST 0 22.60 1,807.72 1 23.73 1,898.10 2 24.91 1,993.01 3 26.16 2,092.67 4 27.47 2,197.29 3083 MM APPLICATIONS SUPPORT MANAGER 0 54.90 4,391.80 1 57.64 4,611.38 2 60.52 4,841.94 3 63.55 5,084.04 4 66.73 5,338.24 Page 401 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 4 of 70 3088 PROF APPLICATIONS SUPPORT SPEC 0 41.79 3,343.08 1 43.88 3,510.24 2 46.07 3,685.74 3 48.38 3,870.03 4 50.79 4,063.55 7741 ACE AQUARIST 0 25.73 2,058.39 1 27.02 2,161.27 2 28.37 2,269.34 3 29.79 2,382.82 4 31.27 2,501.96 7579 ACE AQUATIC SUPERVISOR I 0 26.66 2,132.89 1 27.99 2,239.53 2 29.39 2,351.52 3 30.86 2,469.09 4 32.41 2,592.54 7577 ACE AQUATIC SUPERVISOR II 0 29.33 2,346.18 1 30.79 2,463.49 2 32.33 2,586.66 3 33.95 2,716.00 4 35.65 2,851.80 7575 ACE AQUATIC SUPERVISOR III 0 33.73 2,698.11 1 35.41 2,833.02 2 37.18 2,974.67 3 39.04 3,123.39 4 40.99 3,279.56 5011 SM ASSISTANT CHIEF OF POLICE 0 88.31 7,065.02 1 -- -- 2 -- -- 3 -- -- 4 107.34 8,587.57 2405 SM ASSISTANT CITY ATTORNEY 0 85.62 6,849.40 1 89.90 7,191.87 2 94.39 7,551.47 3 99.11 7,929.04 4 104.07 8,325.49 Page 402 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 5 of 70 2707 EXEC ASSISTANT CITY MANAGER 0 102.25 8,179.94 1 -- -- 2 -- -- 3 -- -- 4 123.51 9,880.95 4040 SM ASSISTANT DIR OF DEVLPMNT SVCS 0 79.15 6,332.21 1 -- -- 2 87.68 7,014.54 3 92.07 7,365.26 4 96.21 7,696.86 3604 SM ASSISTANT DIR OF FINANCE 0 77.89 6,231.55 1 -- -- 2 90.13 7,210.00 3 92.70 7,416.00 4 94.04 7,523.32 3304 SM ASSISTANT DIR OF HR 0 75.88 6,070.54 1 -- -- 2 -- -- 3 -- -- 4 92.23 7,378.78 6322 SM ASSISTANT DIR OF PUBLIC WORKS 0 72.44 5,794.89 1 -- -- 2 -- -- 3 85.52 6,841.24 4 87.45 6,996.12 6015 WCE ASSISTANT ENGINEER 0 43.18 3,454.49 1 45.34 3,627.20 2 47.61 3,808.57 3 49.99 3,998.99 4 52.49 4,198.95 6289 WCE ASSISTANT LAND SURVEYOR 0 41.12 3,289.98 1 43.18 3,454.48 2 45.34 3,627.21 3 47.61 3,808.56 4 49.99 3,999.00 Page 403 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 6 of 70 4749 WCE ASSISTANT PLAN CHECK ENGINEER 0 40.94 3,275.12 1 42.99 3,438.88 2 45.14 3,610.82 3 47.39 3,791.36 4 49.76 3,980.93 4439 ACE ASSISTANT PLANNER 0 34.31 2,745.11 1 36.03 2,882.37 2 37.83 3,026.49 3 39.72 3,177.82 4 41.71 3,336.71 3635 CONF ASSOCIATE ACCOUNTANT 0 34.32 2,745.97 1 36.04 2,883.28 2 37.84 3,027.44 3 39.74 3,178.81 4 41.72 3,337.76 6017 WCE ASSOCIATE ENGINEER 0 49.66 3,972.66 1 52.14 4,171.29 2 54.75 4,379.86 3 57.49 4,598.84 4 60.36 4,828.79 6287 WCE ASSOCIATE LAND SURVEYOR 0 47.29 3,783.49 1 49.66 3,972.66 2 52.14 4,171.29 3 54.75 4,379.85 4 57.49 4,598.85 4747 WCE ASSOCIATE PLAN CHECK ENGINEER 0 47.08 3,766.38 1 49.43 3,954.70 2 51.91 4,152.43 3 54.50 4,360.05 4 57.23 4,578.06 4437 ACE ASSOCIATE PLANNER 0 37.75 3,019.62 1 39.63 3,170.61 2 41.61 3,329.15 3 43.69 3,495.59 4 45.88 3,670.37 Page 404 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 7 of 70 5123 ACE AUTOMATED FINGERPRINT TECH 0 22.92 1,833.22 1 24.06 1,924.88 2 25.26 2,021.14 3 26.53 2,122.19 4 27.85 2,228.30 3404 MMCF BENEFITS MANAGER 0 55.60 4,447.78 1 58.38 4,670.16 2 61.30 4,903.68 3 64.36 5,148.87 4 67.58 5,406.31 3406 UCHR BENEFITS MANAGER 0 53.98 -- 1 56.68 -- 2 59.51 -- 3 62.49 -- 4 65.61 -- 2222 SM BUDGET AND ANALYSIS MANAGER 0 65.66 5,252.42 1 -- -- 2 -- -- 3 -- -- 4 79.80 6,384.35 4769 MM BUILDING INSPECTION MANAGER 0 52.98 4,238.77 1 55.63 4,450.71 2 58.42 4,673.24 3 61.34 4,906.91 4 64.40 5,152.26 4771 ACE BUILDING INSPECTOR I 0 32.96 2,637.13 1 34.61 2,768.99 2 36.34 2,907.44 3 38.16 3,052.82 4 40.07 3,205.45 4770 UCHR BUILDING INSPECTOR I (HOURLY) 0 32.96 -- 1 34.61 -- 2 36.34 -- 3 38.16 -- 4 40.07 -- Page 405 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 8 of 70 4773 ACE BUILDING INSPECTOR II 0 36.26 2,900.85 1 38.07 3,045.90 2 39.98 3,198.18 3 41.98 3,358.12 4 44.08 3,526.01 4774 UCHR BUILDING INSPECTOR II (HOURLY) 0 36.26 -- 1 38.07 -- 2 39.98 -- 3 41.98 -- 4 44.08 -- 4775 ACE BUILDING INSPECTOR III 0 39.89 3,190.94 1 41.88 3,350.49 2 43.98 3,518.02 3 46.17 3,693.91 4 48.48 3,878.61 4705 SM BUILDING OFFICIAL 0 68.78 5,502.26 1 -- -- 2 75.84 6,067.23 3 79.63 6,370.60 4 83.60 6,688.04 4780 SM BUILDING OFFICIAL/CODE ENF MGR 0 71.86 5,748.87 1 -- -- 2 -- -- 3 -- -- 4 87.35 6,987.81 6412 PROF BUILDING PROJECT MANAGER 0 46.65 3,731.76 1 48.98 3,918.34 2 51.43 4,114.25 3 54.00 4,319.97 4 56.70 4,535.97 6402 MM BUILDING SERVICES MANAGER 0 56.03 4,482.68 1 58.84 4,706.80 2 61.78 4,942.14 3 64.87 5,189.25 4 68.11 5,448.72 Page 406 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 9 of 70 6669 ACE BUILDING SERVICES SUPERVISOR 0 31.87 2,549.71 1 33.47 2,677.20 2 35.14 2,811.06 3 36.90 2,951.61 4 38.74 3,099.20 4505 ACE BUSINESS LICENSE REPRESENTATIV 0 23.10 1,848.05 1 24.26 1,940.45 2 25.47 2,037.49 3 26.74 2,139.34 4 28.08 2,246.31 6444 ACE CARPENTER 0 28.77 2,301.23 1 30.20 2,416.28 2 31.71 2,537.10 3 33.30 2,663.95 4 34.96 2,797.16 3669 ACE CASHIER 0 19.50 1,560.04 1 20.48 1,638.04 2 21.50 1,719.95 3 22.57 1,805.94 4 23.70 1,896.24 3053 SM CHIEF INFO SEC OFFICER 0 58.85 4,708.27 1 -- -- 2 -- -- 3 -- -- 4 71.54 5,722.94 5001 EXEC CHIEF OF POLICE 0 104.34 8,347.44 1 -- -- 2 120.62 9,649.61 3 -- -- 4 126.83 10,146.41 2011 MMUC CHIEF OF STAFF 0 39.77 3,181.26 1 41.75 3,340.33 2 43.84 3,507.33 3 46.03 3,682.69 4 48.34 3,866.84 Page 407 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 10 of 70 2729 SM CHIEF SUSTAINABILITY OFFICER 0 68.42 5,473.98 1 -- -- 2 -- -- 3 80.78 6,462.36 4 82.61 6,608.69 2400 CATY CITY ATTORNEY (ELECTED) 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 114.65 9,172.27 2435 CONF CITY ATTY INVESTIGATOR 0 33.97 2,717.34 1 35.67 2,853.20 2 37.45 2,995.86 3 39.32 3,145.65 4 41.29 3,302.94 2201 CCLK CITY CLERK 0 82.08 6,566.00 1 -- -- 2 -- -- 3 -- -- 4 99.71 7,977.16 2710 CMGR CITY MANAGER 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 151.44 12,115.48 5429 ACE CIVILIAN BCKGRND INVESTIGATOR 0 28.88 2,310.51 1 30.33 2,426.03 2 31.84 2,547.33 3 33.43 2,674.71 4 35.11 2,808.44 5431 UCHR CIVILIAN POLICE INVESTIGATOR 0 25.79 -- 1 27.08 -- 2 28.43 -- 3 29.85 -- 4 31.35 -- Page 408 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 11 of 70 0241 UCHR CLERICAL AIDE 0 16.00 -- 1 16.80 -- 2 17.64 -- 3 18.52 -- 4 19.45 -- 4757 SM CODE ENFORCEMENT MANAGER 0 55.00 4,400.27 1 -- -- 2 60.64 4,851.30 3 -- -- 4 66.86 5,348.56 4777 ACE CODE ENFORCEMENT OFFICER I 0 28.63 2,290.64 1 30.06 2,405.18 2 31.57 2,525.43 3 33.15 2,651.70 4 34.80 2,784.29 4778 UCHR CODE ENFORCEMENT OFFICER II 0 31.50 -- 1 33.07 -- 2 34.72 -- 3 36.46 -- 4 38.28 -- 4779 ACE CODE ENFORCEMENT OFFICER II 0 31.50 2,519.70 1 33.07 2,645.70 2 34.72 2,777.98 3 36.46 2,916.88 4 38.28 3,062.73 4789 ACE CODE ENFORCEMENT TECHNICIAN 0 24.90 1,991.86 1 26.14 2,091.46 2 27.45 2,196.03 3 28.82 2,305.84 4 30.26 2,421.12 3683 MM COLLECTIONS SUPERVISOR 0 39.80 3,184.37 1 41.80 3,343.60 2 43.88 3,510.76 3 46.08 3,686.32 4 48.38 3,870.63 Page 409 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 12 of 70 2799 PRUC COMM/SPECL EVENTS COORD 0 43.09 3,447.11 1 45.24 3,619.47 2 47.51 3,800.45 3 49.88 3,990.48 4 52.38 4,190.00 2781 SM COMMUNICATIONS MGR 0 62.22 4,977.74 1 -- -- 2 63.98 5,118.15 3 73.08 5,846.16 4 75.63 6,050.48 2757 ACE COMMUNITY ENGAGEMENT SPEC 0 34.31 2,745.11 1 36.03 2,882.37 2 37.83 3,026.49 3 39.72 3,177.82 4 41.71 3,336.71 5141 ACE COMMUNITY SERVICES OFFICER 0 24.07 1,925.43 1 25.27 2,021.70 2 26.53 2,122.79 3 27.86 2,228.92 4 29.25 2,340.37 5142 UCHR COMMUNITY SERVICES OFFICER 0 24.07 -- 1 25.27 -- 2 26.53 -- 3 27.86 -- 4 29.25 -- 6201 UCHR CONSERV SPECIALIST I (HOURLY) 0 26.03 -- 1 27.33 -- 2 28.70 -- 3 30.13 -- 4 31.64 -- 6200 ACE CONSERVATION SPECIALIST I 0 26.03 2,082.39 1 27.33 2,186.53 2 28.70 2,295.87 3 30.13 2,410.63 4 31.64 2,531.17 Page 410 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 13 of 70 6202 ACE CONSERVATION SPECIALIST II 0 28.63 2,290.64 1 30.06 2,405.18 2 31.57 2,525.43 3 33.15 2,651.70 4 34.80 2,784.29 6427 ACE CONSTRUCTION & REPAIR SUPV 0 40.72 3,257.50 1 42.75 3,420.37 2 44.89 3,591.39 3 47.14 3,770.96 4 49.49 3,959.52 2023 UCHR COUNCIL ASSISTANT 0 24.60 -- 1 25.83 -- 2 27.12 -- 3 28.48 -- 4 29.90 -- 2003 CL COUNCILPERSON 0 -- -- Effective 7/1/2023 1 -- -- 2 -- -- 3 -- -- 4 30.27 2,421.48 5757 UCHR COVID SITE ASST 0 16.00 -- 1 16.80 -- 2 17.64 -- 3 18.52 -- 4 19.45 -- 5101 MM CRIME LABORATORY MANAGER 0 51.54 4,123.54 1 54.12 4,329.71 2 56.83 4,546.21 3 59.67 4,773.51 4 62.65 5,012.19 5143 UCHR CSO (TEMPORARY APPOINTMENT) 0 24.07 -- 1 25.27 -- 2 26.53 -- 3 27.86 -- 4 29.25 -- Page 411 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 14 of 70 6667 ACE CUSTODIAL SUPERVISOR 0 26.43 2,114.23 1 27.75 2,219.95 2 29.14 2,330.95 3 30.59 2,447.50 4 32.12 2,569.88 6661 ACE CUSTODIAN 0 20.89 1,671.32 1 21.94 1,754.88 2 23.03 1,842.63 3 24.18 1,934.77 4 25.39 2,031.50 6662 UCHR CUSTODIAN 0 20.89 -- 1 21.94 -- 2 23.03 -- 3 24.18 -- 4 25.39 -- 7191 ACE DELIVERY DRIVER 0 19.82 1,585.46 1 20.81 1,664.74 2 21.85 1,747.98 3 22.94 1,835.38 4 24.09 1,927.15 2212 SM DEP DIRECTOR, CITY CLERK SVCS 0 45.87 3,669.64 1 48.16 3,853.12 2 50.57 4,045.77 3 53.10 4,248.06 4 55.76 4,460.47 7006 SM DEP DIRECTOR, COMMUNITY SVCS 0 66.59 5,327.03 1 -- -- 2 -- -- 3 -- -- 4 80.94 6,475.04 2410 PRUC DEPUTY CITY ATTORNEY I 0 62.76 5,020.75 1 65.90 5,271.79 2 69.19 5,535.37 3 72.65 5,812.15 4 76.28 6,102.75 Page 412 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 15 of 70 2408 PRUC DEPUTY CITY ATTORNEY II 0 69.04 5,522.84 1 72.49 5,798.98 2 76.11 6,088.93 3 79.92 6,393.37 4 83.91 6,713.05 2411 SM DEPUTY CITY ATTORNEY III 0 75.94 6,075.13 1 79.74 6,378.88 2 83.72 6,697.83 3 87.91 7,032.73 4 92.30 7,384.36 2245 PRUC DEPUTY CITY CLERK I 0 29.50 2,359.62 1 30.97 2,477.59 2 32.52 2,601.47 3 34.14 2,731.56 4 35.85 2,868.12 2243 PRUC DEPUTY CITY CLERK II 0 32.44 2,595.58 1 34.07 2,725.36 2 35.77 2,861.63 3 37.56 3,004.72 4 39.44 3,154.94 2705 EXEC DEPUTY CITY MANAGER 0 106.62 8,529.82 1 -- -- 2 -- -- 3 -- -- 4 118.10 9,447.66 5505 SM DEPUTY FIRE CHIEF 0 76.49 6,118.97 1 -- -- 2 -- -- 3 -- -- 4 92.97 7,437.67 5130 MM DETENTION FACILITY MANAGER (T) 0 51.54 4,123.54 1 54.12 4,329.71 2 56.83 4,546.21 3 59.67 4,773.51 4 62.65 5,012.19 Page 413 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 16 of 70 5137 ACE DETENTIONS OFFICER 0 28.88 2,310.51 1 30.33 2,426.03 2 31.84 2,547.33 3 33.43 2,674.71 4 35.11 2,808.44 5135 ACE DETENTIONS SUPERVISOR 0 33.21 2,657.09 1 34.87 2,789.94 2 36.62 2,929.44 3 38.45 3,075.92 4 40.37 3,229.71 4718 PROF DEVELOPMENT AUTOMATION SPEC 0 44.67 3,573.57 1 46.90 3,752.26 2 49.25 3,939.86 3 51.71 4,136.86 4 54.30 4,343.71 4025 SM DEVELOPMENT PROJECT MGR 0 71.29 5,703.54 1 74.86 5,988.72 2 78.60 6,288.16 3 82.53 6,602.57 4 86.66 6,932.69 4547 MM DEVELOPMENT SERVICES COUNTER M 0 49.72 3,977.81 1 52.21 4,176.69 2 54.82 4,385.54 3 57.56 4,604.81 4 60.44 4,835.05 4540 UCHR DEVELOPMENT SERVICES TECH I 0 24.59 -- 1 25.82 -- 2 27.12 -- 3 28.47 -- 4 29.89 -- 4542 ACE DEVELOPMENT SERVICES TECH I 0 24.59 1,967.54 1 25.82 2,065.90 2 27.11 2,169.19 3 28.47 2,277.66 4 29.89 2,391.55 Page 414 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 17 of 70 4541 ACE DEVELOPMENT SERVICES TECH II 0 27.05 2,164.28 1 28.41 2,272.49 2 29.83 2,386.12 3 31.32 2,505.43 4 32.88 2,630.69 4544 UCHR DEVELOPMENT SERVICES TECH II 0 27.05 -- 1 28.41 -- 2 29.83 -- 3 31.32 -- 4 32.88 -- 4543 ACE DEVELOPMENT SERVICES TECH III 0 31.11 2,488.92 1 32.67 2,613.37 2 34.30 2,744.04 3 36.02 2,881.24 4 37.82 3,025.30 5249 ACE DIGITAL FORENSICS ANLYT I 0 33.84 2,707.49 1 35.54 2,842.86 2 37.31 2,985.00 3 39.18 3,134.25 4 41.14 3,290.97 5247 ACE DIGITAL FORENSICS ANLYT II 0 38.92 3,113.62 1 40.87 3,269.31 2 42.91 3,432.76 3 45.06 3,604.41 4 47.31 3,784.61 5245 ACE DIGITAL FORENSICS TECH I 0 26.75 2,140.30 1 28.09 2,247.32 2 29.50 2,359.69 3 30.97 2,477.68 4 32.52 2,601.55 5243 ACE DIGITAL FORENSICS TECH II 0 30.77 2,461.36 1 32.31 2,584.42 2 33.92 2,713.64 3 35.62 2,849.32 4 37.40 2,991.78 Page 415 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 18 of 70 5350 EXEC DIR OF ANIMAL SERVICES 0 68.43 5,474.00 1 -- -- 2 -- -- 3 -- -- 4 83.17 6,653.68 7004 EXEC DIR OF COMMUNITY SERVICES 0 83.99 6,719.12 1 88.19 7,055.08 2 92.60 7,407.83 3 97.23 7,778.22 4 102.09 8,167.43 4039 EXEC DIR OF DEVELOPMENT SERVICES 0 88.30 7,064.08 1 101.02 8,081.69 2 -- -- 3 -- -- 4 107.34 8,587.57 2734 EXEC DIR OF ECONOMIC DEVELOPMENT 0 88.31 7,065.02 1 -- -- 2 -- -- 3 -- -- 4 107.34 8,587.57 6006 EXEC DIR OF ENGINEERING/CITY ENG 0 88.31 7,065.02 1 -- -- 2 -- -- 3 -- -- 4 107.34 8,587.57 3601 EXEC DIR OF FINANCE 0 88.31 7,065.02 1 -- -- 2 -- -- 3 104.56 8,364.79 4 107.34 8,587.57 4301 EXEC DIR OF HOUSING & HOMELESS SVS 0 68.43 5,474.00 1 76.72 6,137.64 2 80.56 6,444.51 3 -- -- 4 83.17 6,653.68 Page 416 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 19 of 70 3300 EXEC DIR OF HUMAN RESOURCES/RISK MG 0 88.31 7,065.02 1 -- -- 2 -- -- 3 -- -- 4 107.34 8,587.57 3001 EXEC DIR OF INFO TECH SERVICES 0 83.99 6,719.12 1 -- -- 2 92.60 7,407.83 3 -- -- 4 102.09 8,167.43 6320 EXEC DIR OF PUBLIC WORKS 0 88.31 7,065.02 1 -- -- 2 -- -- 3 99.65 7,971.65 4 107.34 8,587.57 2720 SM ECONOMIC DEVELOPMENT MGR 0 67.87 5,429.25 1 71.26 5,700.72 2 74.82 5,985.75 3 78.56 6,285.04 4 82.49 6,599.29 2747 ACE ECONOMIC DEVELOPMENT SPEC I 0 31.45 2,516.35 1 33.03 2,642.18 2 34.68 2,774.28 3 36.41 2,912.99 4 38.23 3,058.65 2749 ACE ECONOMIC DEVELOPMENT SPEC II 0 37.75 3,019.62 1 39.63 3,170.61 2 41.61 3,329.15 3 43.69 3,495.59 4 45.88 3,670.37 6438 ACE ELECTRICIAN 0 30.79 2,463.13 1 32.33 2,586.29 2 33.95 2,715.61 3 35.64 2,851.38 4 37.42 2,993.96 Page 417 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 20 of 70 6492 ACE ELECTRONIC/EQUIPMENT INSTALLER 0 27.99 2,239.22 1 29.39 2,351.17 2 30.86 2,468.73 3 32.40 2,592.17 4 34.02 2,721.78 6475 ACE ELECTRONICS TECHNICIAN 0 33.87 2,709.45 1 35.56 2,844.92 2 37.34 2,987.18 3 39.21 3,136.53 4 41.17 3,293.34 6472 ACE ELECTRONICS TECHNICIAN SUPV 0 38.95 3,115.87 1 40.90 3,271.66 2 42.94 3,435.25 3 45.09 3,607.01 4 47.34 3,787.35 5560 SM EMERGENCY SERVICES MGR 0 51.21 4,096.74 1 -- -- 2 -- -- 3 -- -- 4 62.25 4,979.60 5557 PROF EMS EDUCATOR 0 45.27 3,621.96 1 47.54 3,803.06 2 49.92 3,993.23 3 52.41 4,192.88 4 55.03 4,402.52 5567 PROF EMS NURSE COORDINATOR 0 54.33 4,346.36 1 57.05 4,563.66 2 59.90 4,791.86 3 62.89 5,031.45 4 66.04 5,283.01 5657 NIAF EMT (NON-SAFETY) - A 0 16.69 1 17.53 2 18.40 3 19.32 4 20.29 Page 418 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 21 of 70 5659 NIAF EMT (NON-SAFETY) - C 0 26.71 1 28.04 2 29.44 3 30.92 4 32.46 5658 UCHR EMT (NON-SAFETY/HRLY) 0 16.69 -- 1 17.53 -- 2 18.40 -- 3 19.32 -- 4 20.29 -- 6081 ACE ENGINEERING TECHNICIAN I 0 28.66 2,293.16 1 30.10 2,407.82 2 31.60 2,528.21 3 33.18 2,654.63 4 34.84 2,787.37 6071 ACE ENGINEERING TECHNICIAN II 0 31.53 2,522.48 1 33.11 2,648.60 2 34.76 2,781.03 3 36.50 2,920.08 4 38.33 3,066.09 6129 ACE ENVIRONMENTAL HEALTH SPEC 0 37.91 3,032.73 1 39.80 3,184.37 2 41.79 3,343.59 3 43.88 3,510.74 4 46.08 3,686.31 6205 MM ENVIRONMENTAL SERVICES MANAGER 0 56.03 4,482.20 1 58.83 4,706.30 2 61.77 4,941.61 3 64.86 5,188.70 4 68.10 5,448.12 6207 MM ENVIRONMENTAL SUSTNBILITY MGR 0 56.03 4,482.20 1 58.83 4,706.30 2 61.77 4,941.61 3 64.86 5,188.70 4 68.10 5,448.12 Page 419 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 22 of 70 6505 MM EQUIPMENT MAINTENANCE MANAGER 0 42.54 3,403.38 1 44.67 3,573.54 2 46.90 3,752.23 3 49.25 3,939.84 4 51.71 4,136.83 6542 ACE EQUIPMENT MECHANIC 0 29.62 2,369.60 1 31.10 2,488.09 2 32.66 2,612.48 3 34.29 2,743.11 4 36.00 2,880.26 6361 ACE EQUIPMENT OPERATOR 0 30.33 2,426.77 1 31.85 2,548.11 2 33.44 2,675.51 3 35.12 2,809.28 4 36.87 2,949.74 0187 CONF EXECUTIVE SECRETARY 0 34.54 2,763.38 1 36.27 2,901.54 2 38.08 3,046.61 3 39.99 3,198.94 4 41.99 3,358.88 5270 CONF FA ACCOUNTING TECHNICIAN 0 29.22 2,337.78 1 30.68 2,454.67 2 32.22 2,577.40 3 33.83 2,706.27 4 35.52 2,841.58 5297 CONF FA ADMINSTRATIVE ANALYST I 0 32.10 2,567.72 1 33.70 2,696.13 2 35.39 2,830.90 3 37.16 2,972.46 4 39.01 3,121.08 5296 CONF FA ADMINSTRATIVE ANALYST II 0 35.31 2,824.49 1 37.07 2,965.71 2 38.93 3,114.00 3 40.87 3,269.71 4 42.91 3,433.19 Page 420 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 23 of 70 5277 CONF FA ANALYST 0 24.53 1,962.16 1 25.75 2,060.27 2 27.04 2,163.29 3 28.39 2,271.45 4 29.81 2,385.03 5455 MMUC FA CYBER SECURITY PROG MGR 0 47.94 3,834.98 1 50.33 4,026.71 2 52.85 4,228.05 3 55.49 4,439.44 4 58.27 4,661.42 5465 SM FA DEPUTY DIRECTOR OF LECC 0 52.81 4,224.87 1 55.45 4,436.12 2 58.22 4,657.93 3 61.14 4,890.81 4 64.19 5,135.37 5463 SM FA DEPUTY EXECUTIVE DIRECTOR 0 62.08 4,966.14 1 -- -- 2 -- -- 3 -- -- 4 75.45 6,036.37 5274 SM FA DIRECTOR OF SD LECC 0 69.54 5,563.33 1 -- -- 2 -- -- 3 -- -- 4 84.53 6,762.27 5286 CONF FA EXECUTIVE ASSISTANT 0 31.42 2,513.89 1 32.99 2,639.59 2 34.64 2,771.58 3 36.38 2,910.14 4 38.20 3,055.66 5461 EXEC FA EXECUTIVE DIRECTOR 0 60.19 4,815.34 1 -- -- 2 -- -- 3 -- -- 4 73.16 5,853.08 Page 421 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 24 of 70 5493 MMUC FA FINANCE MANAGER 0 57.39 4,591.00 1 60.26 4,820.55 2 63.27 5,061.58 3 66.43 5,314.66 4 69.75 5,580.39 5439 PRUC FA GEOSPATIAL INTEL ANALYST 0 45.71 3,656.96 1 48.00 3,839.82 2 50.40 4,031.81 3 52.92 4,233.40 4 55.56 4,445.07 5453 MMUC FA INFO SYSTEMS PROGRAM MGR 0 53.32 4,265.88 1 55.99 4,479.17 2 58.79 4,703.10 3 61.73 4,938.27 4 64.82 5,185.20 5485 CONF FA INTEL ANLYT 0 33.20 2,656.10 1 34.86 2,788.91 2 36.60 2,928.36 3 38.43 3,074.77 4 40.36 3,228.52 5491 SM FA IVDC-LECC EXEC DIRECTOR 0 60.41 4,832.84 1 -- -- 2 -- -- 3 -- -- 4 73.43 5,874.35 5440 MMUC FA LECC INFO TECH MANAGER 0 48.76 3,900.76 1 51.20 4,095.80 2 53.76 4,300.60 3 56.45 4,515.61 4 59.27 4,741.40 5278 CONF FA MANAGEMENT ASSISTANT 0 29.93 2,394.19 1 31.42 2,513.89 2 33.00 2,639.60 3 34.64 2,771.59 4 36.38 2,910.15 Page 422 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 25 of 70 5443 PRUC FA MICROCOMPUTER SPECIALIST 0 39.64 3,171.58 1 41.63 3,330.14 2 43.71 3,496.64 3 45.89 3,671.49 4 48.19 3,855.05 5292 PRUC FA NETWORK ADMINISTRATOR I 0 39.90 3,191.81 1 41.89 3,351.40 2 43.99 3,518.97 3 46.19 3,694.92 4 48.50 3,879.68 5294 PRUC FA NETWORK ADMINISTRATOR II 0 43.89 3,511.00 1 46.08 3,686.56 2 48.39 3,870.88 3 50.81 4,064.43 4 53.35 4,267.65 5457 PRUC FA NETWORK ADMINISTRATOR III 0 46.23 3,698.00 1 48.54 3,882.90 2 50.96 4,077.03 3 53.51 4,280.89 4 56.19 4,494.94 5444 PRUC FA PROGRAM ANALYST 0 47.30 3,783.77 1 49.66 3,972.96 2 52.15 4,171.61 3 54.75 4,380.19 4 57.49 4,599.21 5451 CONF FA PROGRAM ASSISTANT 0 23.91 1,912.51 1 25.10 2,008.13 2 26.36 2,108.55 3 27.67 2,213.99 4 29.06 2,324.67 5452 PRUC FA PROGRAM ASSISTANT SUPV 0 34.40 2,751.96 1 36.12 2,889.56 2 37.93 3,034.04 3 39.82 3,185.75 4 41.81 3,345.02 Page 423 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 26 of 70 5445 SM FA PROGRAM MANAGER 0 52.81 4,224.87 1 55.52 4,441.89 2 58.22 4,657.93 3 61.14 4,890.81 4 64.19 5,135.37 5497 MMUC FA PUBLIC-PRVT PART EXER MGR 0 49.59 3,967.22 1 52.07 4,165.58 2 54.67 4,373.84 3 57.41 4,592.55 4 60.28 4,822.18 5284 CONF FA RCFL NETWORK ENGINEER 0 38.53 3,082.34 1 40.46 3,236.45 2 42.48 3,398.28 3 44.60 3,568.19 4 46.83 3,746.59 5495 PRUC FA SENIOR FINANCIAL ANALYST 0 37.06 2,965.13 1 38.92 3,113.38 2 40.86 3,269.07 3 42.91 3,432.51 4 45.05 3,604.13 5483 PRUC FA SENIOR INTELLIGENCE ANALYST 0 39.03 3,122.58 1 40.98 3,278.73 2 43.03 3,442.66 3 45.18 3,614.79 4 47.44 3,795.52 5454 CONF FA SENIOR PROGRAM ASSISTANT 0 28.44 2,275.40 1 29.86 2,389.17 2 31.36 2,508.64 3 32.93 2,634.07 4 34.57 2,765.78 5477 CONF FA SENIOR SECRETARY 0 24.59 1,967.42 1 25.82 2,065.80 2 27.11 2,169.08 3 28.47 2,277.55 4 29.89 2,391.41 Page 424 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 27 of 70 5489 PRUC FA SUP INTEL ANALYST I 0 42.94 3,434.85 1 45.08 3,606.60 2 47.34 3,786.92 3 49.70 3,976.27 4 52.19 4,175.08 5487 PRUC FA SUP INTEL ANALYST II 0 49.38 3,950.08 1 51.84 4,147.58 2 54.44 4,354.96 3 57.16 4,572.72 4 60.02 4,801.35 4051 SM FAC FINANCE MANAGER 0 51.21 4,096.73 1 -- -- 2 -- -- 3 -- -- 4 62.25 4,979.60 6425 MM FACILITIES MANAGER 0 48.46 3,876.41 1 50.88 4,070.22 2 53.42 4,273.74 3 56.09 4,487.43 4 58.90 4,711.81 7471 ACE FIELD MAINTENANCE SPECIALIST 0 23.13 1,850.73 1 24.29 1,943.27 2 25.51 2,040.43 3 26.78 2,142.46 4 28.12 2,249.58 3623 SM FINANCE MGR 0 58.27 4,661.27 1 -- -- 2 -- -- 3 -- -- 4 70.82 5,665.80 3624 SM FINANCE MGR (CPA) 0 64.09 5,127.39 1 -- -- 2 71.41 5,712.54 3 74.98 5,998.17 4 77.90 6,232.39 Page 425 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 28 of 70 5511 IAFF FIRE BATTALION CHIEF - A 0 43.29 4,848.94 1 45.46 5,091.40 2 47.73 5,345.96 3 50.12 5,613.26 4 52.62 5,893.92 5513 IAFF FIRE BATTALION CHIEF - C 0 60.61 4,848.94 1 63.64 5,091.39 2 66.82 5,345.96 3 70.17 5,613.25 4 73.67 5,893.92 5584 UCHR FIRE CAPT - C (HOURLY) 0 48.94 -- 1 51.39 -- 2 53.95 -- 3 56.65 -- 4 59.49 -- 5583 IAFF FIRE CAPTAIN - A 0 34.96 3,915.11 1 36.70 4,110.85 2 38.54 4,316.40 3 40.47 4,532.21 4 42.49 4,758.81 5582 IAFF FIRE CAPTAIN - B 0 46.61 3,915.10 1 48.94 4,110.84 2 51.39 4,316.39 3 53.95 4,532.21 4 56.65 4,758.81 5581 IAFF FIRE CAPTAIN - C 0 48.94 3,915.10 1 51.39 4,110.84 2 53.95 4,316.38 3 56.65 4,532.21 4 59.49 4,758.81 5501 EXEC FIRE CHIEF 0 95.27 7,621.81 1 -- -- 2 112.93 9,034.41 3 -- -- 4 115.80 9,263.93 Page 426 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 29 of 70 5507 MMUC FIRE DIVISION CHIEF 0 68.76 5,500.85 1 72.20 5,775.88 2 75.81 6,064.68 3 79.60 6,367.90 4 83.58 6,686.31 5603 IAFF FIRE ENGINEER - A 0 30.36 3,400.70 1 31.88 3,570.74 2 33.48 3,749.28 3 35.15 3,936.74 4 36.91 4,133.57 5601 IAFF FIRE ENGINEER - C 0 42.51 3,400.72 1 44.63 3,570.74 2 46.87 3,749.28 3 49.21 3,936.74 4 51.67 4,133.58 5536 UCHR FIRE INSPECTOR 0 35.08 -- 1 36.84 -- 2 38.68 -- 3 40.61 -- 4 42.64 -- 5530 IAFF FIRE INSPECTOR/INVESTIGATOR I 0 35.08 2,806.70 1 36.84 2,947.04 2 38.68 3,094.40 3 40.61 3,249.12 4 42.64 3,411.57 5534 UCHR FIRE INSPECTOR/INVESTIGATOR I 0 33.73 -- 1 35.42 -- 2 37.19 -- 3 39.05 -- 4 41.00 -- 5531 IAFF FIRE INSPECTOR/INVESTIGATOR II 0 38.59 3,087.36 1 40.52 3,241.73 2 42.55 3,403.82 3 44.68 3,574.00 4 46.91 3,752.70 Page 427 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 30 of 70 5532 UCHR FIRE INSPECTOR/INVESTIGATOR II 0 37.11 -- 1 38.96 -- 2 40.91 -- 3 42.96 -- 4 45.10 -- 5555 ACE FIRE INVENTORY SPECIALIST 0 28.24 2,259.45 1 29.66 2,372.42 2 31.14 2,491.03 3 32.69 2,615.57 4 34.33 2,746.37 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 46.55 3,723.73 1 48.87 3,909.92 2 51.32 4,105.41 3 53.88 4,310.69 4 56.58 4,526.22 5537 ACE FIRE PREVENTION SPECIALIST 0 27.05 2,164.28 1 28.41 2,272.49 2 29.83 2,386.12 3 31.32 2,505.43 4 32.96 2,637.00 5625 ACE FIRE RECRUIT 0 25.73 2,058.77 1 27.02 2,161.71 2 28.37 2,269.80 3 29.79 2,383.29 4 31.28 2,502.46 5623 IAFF FIREFIGHTER - A 0 25.18 2,820.52 1 26.44 2,961.55 2 27.76 3,109.62 3 29.15 3,265.11 4 30.61 3,428.34 Page 428 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 31 of 70 5621 IAFF FIREFIGHTER - C 0 35.26 2,820.52 1 37.02 2,961.55 2 38.87 3,109.62 3 40.81 3,265.10 4 42.85 3,428.36 5613 IAFF FIREFIGHTER/PARAMEDIC - A 0 28.96 3,243.60 1 30.41 3,405.79 2 31.93 3,576.07 3 33.53 3,754.87 4 35.20 3,942.60 5612 IAFF FIREFIGHTER/PARAMEDIC - B 0 38.61 3,243.59 1 40.55 3,405.78 2 42.57 3,576.07 3 44.70 3,754.86 4 46.94 3,942.62 5611 IAFF FIREFIGHTER/PARAMEDIC - C 0 40.55 3,243.60 1 42.57 3,405.78 2 44.70 3,576.07 3 46.94 3,754.86 4 49.28 3,942.62 0216 PRCF FISCAL AND MANAGEMENT ANALYST 0 51.59 4,127.44 1 54.17 4,333.81 2 56.88 4,550.50 3 59.73 4,778.03 4 62.71 5,016.93 3627 MMCF FISCAL DEBT MGMT ANALYST 0 51.59 4,127.44 1 54.17 4,333.81 2 56.88 4,550.50 3 59.73 4,778.03 4 62.71 5,016.93 0169 ACE FISCAL OFFICE SPECIALIST 0 21.34 1,707.28 1 22.41 1,792.65 2 23.53 1,882.27 3 24.70 1,976.37 4 25.94 2,075.20 Page 429 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 32 of 70 0170 UCHR FISCAL OFFICE SPECIALIST 0 21.34 -- 1 22.41 -- 2 23.53 -- 3 24.70 -- 4 25.94 -- 3610 PROF FISCAL SERVICES ANALYST 0 51.59 4,127.44 1 54.17 4,333.81 2 56.88 4,550.50 3 59.73 4,778.03 4 62.71 5,016.93 6513 ACE FLEET INVENTORY CONTROL SPEC 0 28.24 2,259.45 1 29.66 2,372.42 2 31.14 2,491.03 3 32.69 2,615.57 4 34.33 2,746.37 6501 MM FLEET MANAGER 0 47.26 3,780.79 1 49.62 3,969.83 2 52.10 4,168.32 3 54.71 4,376.74 4 57.44 4,595.56 6507 ACE FLEET SUPERVISOR 0 38.11 3,048.85 1 40.02 3,201.29 2 42.02 3,361.36 3 44.12 3,529.43 4 46.32 3,705.90 5114 ACE FORENSICS SPECIALIST 0 33.84 2,707.48 1 35.54 2,842.85 2 37.31 2,985.03 3 39.18 3,134.26 4 41.14 3,290.97 5759 UCHR FUELS MODULE CREWMEMBER 0 19.32 -- 1 20.29 -- 2 -- -- 3 -- -- 4 -- -- Page 430 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 33 of 70 3075 ACE GIS ANALYST 0 34.42 2,753.99 1 36.15 2,891.69 2 37.95 3,036.28 3 39.85 3,188.09 4 41.84 3,347.50 3079 MM GIS MANAGER 0 49.89 3,991.41 1 52.39 4,190.99 2 55.01 4,400.53 3 57.76 4,620.56 4 60.65 4,851.60 3077 ACE GIS TECHNICIAN 0 29.33 2,346.61 1 30.80 2,463.94 2 32.34 2,587.13 3 33.96 2,716.49 4 35.65 2,852.32 2775 ACE GRAPHIC DESIGNER 0 30.19 2,415.33 1 31.70 2,536.09 2 33.29 2,662.89 3 34.95 2,796.05 4 36.70 2,935.83 4321 MM HOMELESS SERVICES MANAGER 0 56.03 4,482.20 1 58.83 4,706.30 2 61.77 4,941.61 3 64.86 5,188.70 4 68.10 5,448.12 4311 MM HOUSING MANAGER 0 56.03 4,482.20 1 58.83 4,706.30 2 61.77 4,941.61 3 64.86 5,188.70 4 68.10 5,448.12 3310 PRCF HUMAN RESOURCES ANALYST 0 37.96 3,036.47 1 39.85 3,188.29 2 41.85 3,347.72 3 43.94 3,515.10 4 46.14 3,690.85 Page 431 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 34 of 70 3312 UCHR HUMAN RESOURCES ANALYST 0 37.96 -- 1 39.85 -- 2 41.85 -- 3 43.94 -- 4 46.14 -- 3331 SM HUMAN RESOURCES MANAGER 0 62.02 4,961.70 1 -- -- 2 -- -- 3 -- -- 4 75.38 6,030.73 3332 UCHR HUMAN RESOURCES MANAGER 0 62.02 -- 1 -- -- 2 -- -- 3 -- -- 4 75.38 -- 3315 CONF HUMAN RESOURCES TECHNICIAN 0 27.49 2,199.08 1 28.86 2,309.04 2 30.31 2,424.49 3 31.82 2,545.71 4 33.41 2,673.00 6430 ACE HVAC TECHNICIAN 0 30.79 2,463.13 1 32.33 2,586.29 2 33.95 2,715.61 3 35.64 2,851.38 4 37.42 2,993.96 5104 SM INFO TECHNOLOGY MANAGER 0 59.61 4,768.93 1 -- -- 2 64.58 5,166.01 3 67.80 5,424.31 4 71.54 5,722.94 3033 SM INFO TECHNOLOGY PROJ MANAGER 0 58.62 4,689.88 1 -- -- 2 65.37 5,229.24 3 68.63 5,490.70 4 71.26 5,700.58 Page 432 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 35 of 70 3055 PROF INFO TECHNOLOGY SEC ANALYST 0 50.03 4,002.03 1 52.53 4,202.12 2 55.15 4,412.23 3 57.91 4,632.84 4 60.81 4,864.48 3017 ACE INFO TECHNOLOGY TECHNICIAN 0 29.62 2,369.60 1 31.10 2,488.09 2 32.66 2,612.48 3 34.29 2,743.11 4 36.00 2,880.26 3018 UCHR INFO TECHNOLOGY TECHNICIAN 0 29.62 -- 1 31.10 -- 2 32.66 -- 3 34.29 -- 4 36.00 -- 0269 UCHR INTERN - GRADUATE 0 17.60 -- 1 18.48 -- 2 19.40 -- 3 20.37 -- 4 21.39 -- 0267 UCHR INTERN - UNDERGRADUATE 0 16.00 -- 1 16.80 -- 2 17.64 -- 3 18.52 -- 4 19.45 -- 4480 PROF LANDSCAPE ARCHITECT 0 43.20 3,455.87 1 45.36 3,628.66 2 47.63 3,810.09 3 50.01 4,000.59 4 52.51 4,200.63 6291 ACE LANDSCAPE INSPECTOR 0 36.26 2,900.86 1 38.07 3,045.91 2 39.98 3,198.20 3 41.98 3,358.12 4 44.08 3,526.02 Page 433 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 36 of 70 4482 ACE LANDSCAPE PLANNER I 0 34.31 2,745.11 1 36.03 2,882.37 2 37.83 3,026.49 3 39.72 3,177.82 4 41.71 3,336.71 4483 ACE LANDSCAPE PLANNER II 0 37.75 3,019.62 1 39.63 3,170.61 2 41.61 3,329.15 3 43.69 3,495.59 4 45.88 3,670.37 5111 ACE LATENT PRINT EXAMINER 0 38.92 3,113.62 1 40.87 3,269.31 2 42.91 3,432.76 3 45.06 3,604.41 4 47.31 3,784.61 2465 MMUC LAW OFFICE MANAGER 0 39.72 3,177.69 1 41.71 3,336.59 2 43.79 3,503.41 3 45.98 3,678.60 4 48.28 3,862.53 6663 ACE LEAD CUSTODIAN 0 22.98 1,838.47 1 24.13 1,930.38 2 25.34 2,026.92 3 26.60 2,128.26 4 27.93 2,234.67 0183 CONF LEGAL ASSISTANT 0 28.83 2,306.40 1 30.27 2,421.72 2 31.79 2,542.81 3 33.37 2,669.94 4 35.04 2,803.43 7075 ACE LIBRARIAN I 0 29.05 2,324.39 1 30.51 2,440.61 2 32.03 2,562.64 3 33.63 2,690.77 4 35.32 2,825.31 Page 434 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 37 of 70 7076 UCHR LIBRARIAN I 0 29.05 -- 1 30.51 -- 2 32.03 -- 3 33.63 -- 4 35.32 -- 7073 ACE LIBRARIAN II 0 31.96 2,556.82 1 33.56 2,684.67 2 35.24 2,818.90 3 37.00 2,959.85 4 38.85 3,107.84 7071 ACE LIBRARIAN III 0 35.16 2,812.51 1 36.91 2,953.14 2 38.76 3,100.79 3 40.70 3,255.83 4 42.73 3,418.63 7181 UCHR LIBRARY AIDE 0 16.00 -- 1 16.80 -- 2 17.64 -- 3 18.52 -- 4 19.45 -- 7157 ACE LIBRARY ASSISTANT 0 19.69 1,575.16 1 20.67 1,653.93 2 21.71 1,736.61 3 22.79 1,823.44 4 23.93 1,914.63 7091 ACE LIBRARY ASSOCIATE 0 24.89 1,990.83 1 26.13 2,090.36 2 27.44 2,194.89 3 28.81 2,304.64 4 30.25 2,419.88 7092 UCHR LIBRARY ASSOCIATE 0 24.89 -- 1 26.13 -- 2 27.44 -- 3 28.81 -- 4 30.25 -- Page 435 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 38 of 70 7025 MM LIBRARY DIGITAL SERVICES MGR 0 46.96 3,757.01 1 49.31 3,944.85 2 51.78 4,142.08 3 54.37 4,349.20 4 57.08 4,566.66 7029 MM LIBRARY OPERATIONS MANAGER 0 54.03 4,322.50 1 56.73 4,538.63 2 59.57 4,765.55 3 62.55 5,003.83 4 65.68 5,254.02 7121 ACE LIBRARY TECHNICIAN 0 22.64 1,811.44 1 23.78 1,902.02 2 24.96 1,997.13 3 26.21 2,096.98 4 27.52 2,201.82 7587 UCHR LIFEGUARD I 0 16.75 -- 1 17.59 -- 2 18.47 -- 3 19.39 -- 4 20.36 -- 7585 UCHR LIFEGUARD II 0 18.43 -- 1 19.35 -- 2 20.32 -- 3 21.33 -- 4 22.40 -- 6443 ACE LOCKSMITH 0 28.77 2,301.23 1 30.20 2,416.28 2 31.71 2,537.10 3 33.30 2,663.95 4 34.96 2,797.16 6377 ACE MAINTENANCE WORKER I 0 21.65 1,731.97 1 22.73 1,818.56 2 23.87 1,909.49 3 25.06 2,004.97 4 26.32 2,105.22 Page 436 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 39 of 70 6379 UCHR MAINTENANCE WORKER I 0 21.65 -- 1 22.73 -- 2 23.87 -- 3 25.06 -- 4 26.32 -- 6373 ACE MAINTENANCE WORKER II 0 23.81 1,905.16 1 25.01 2,000.41 2 26.26 2,100.45 3 27.57 2,205.46 4 28.95 2,315.73 0228 CONF MANAGEMENT ANALYST I 0 32.70 2,616.31 1 34.34 2,747.12 2 36.06 2,884.48 3 37.86 3,028.72 4 39.75 3,180.14 0229 ACE MANAGEMENT ANALYST I 0 32.70 2,616.31 1 34.34 2,747.12 2 36.06 2,884.48 3 37.86 3,028.72 4 39.75 3,180.14 0224 CONF MANAGEMENT ANALYST II 0 35.97 2,877.94 1 37.77 3,021.84 2 39.66 3,172.92 3 41.64 3,331.57 4 43.73 3,498.14 0227 ACE MANAGEMENT ANALYST II 0 35.97 2,877.94 1 37.77 3,021.84 2 39.66 3,172.92 3 41.64 3,331.57 4 43.73 3,498.14 2001 MY MAYOR 0 -- -- Effective 7/1/2023 1 -- -- 2 -- -- 3 -- -- 4 75.67 6,053.70 Page 437 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 40 of 70 6550 ACE MECHANIC ASSISTANT 0 23.20 1,856.34 1 24.36 1,949.15 2 25.58 2,046.61 3 26.86 2,148.94 4 28.20 2,256.38 0230 UCHR MGMT ANALYST I (HOURLY) 0 32.70 -- 1 34.34 -- 2 36.06 -- 3 37.86 -- 4 39.75 -- 5571 PROF MULTIMEDIA DESIGNER 0 35.62 2,849.89 1 37.40 2,992.39 2 39.28 3,142.00 3 41.24 3,299.10 4 43.30 3,464.05 5569 ACE MULTIMEDIA PRODUCTON SPCLST 0 29.06 2,324.96 1 30.52 2,441.20 2 32.04 2,563.27 3 33.64 2,691.43 4 35.33 2,826.00 0160 UCHR OFFICE SPECIALIST 0 20.32 -- 1 21.34 -- 2 22.41 -- 3 23.53 -- 4 24.70 -- 0161 ACE OFFICE SPECIALIST 0 20.32 1,625.95 1 21.34 1,707.25 2 22.41 1,792.62 3 23.53 1,882.24 4 24.70 1,976.34 0162 ACE OFFICE SPECIALIST-MAYOR 0 20.32 1,625.95 1 21.34 1,707.25 2 22.41 1,792.62 3 23.53 1,882.24 4 24.70 1,976.34 Page 438 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 41 of 70 6311 ACE OPEN SPACE INSPECTOR 0 36.26 2,900.86 1 38.07 3,045.91 2 39.98 3,198.20 3 41.98 3,358.12 4 44.08 3,526.02 6302 MM OPEN SPACE MANAGER 0 45.81 3,664.72 1 48.10 3,847.96 2 50.50 4,040.36 3 53.03 4,242.37 4 55.68 4,454.50 3025 MM OPERATIONS AND TELECOMM MGR 0 49.89 3,991.41 1 52.39 4,190.99 2 55.01 4,400.53 3 57.76 4,620.56 4 60.65 4,851.60 6434 ACE PAINTER 0 27.46 2,196.64 1 28.83 2,306.46 2 30.27 2,421.78 3 31.79 2,542.88 4 33.38 2,670.02 2475 CONF PARALEGAL 0 30.94 2,475.11 1 32.49 2,598.85 2 34.11 2,728.81 3 35.82 2,865.25 4 37.61 3,008.51 2476 UCHR PARALEGAL 0 30.94 -- 1 32.49 -- 2 34.11 -- 3 35.82 -- 4 37.61 -- 5655 NIAF PARAMEDIC (NON-SAFETY) - A 0 21.43 1 22.50 2 23.63 3 24.81 4 26.05 Page 439 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 42 of 70 5653 NIAF PARAMEDIC (NON-SAFETY) - C 0 34.29 1 36.01 2 37.81 3 39.70 4 41.68 5656 UCHR PARAMEDIC (NS/HRLY) 0 21.43 -- 1 22.50 -- 2 23.63 -- 3 24.81 -- 4 26.05 -- 5654 NIAF PARAMEDIC RECRUIT (NS) 0 -- 1 -- 2 -- 3 -- 4 19.08 7434 UCHR PARK RANGER 0 16.54 -- 1 17.37 -- 2 18.24 -- 3 19.15 -- 4 20.11 -- 7431 PROF PARK RANGER PROGRAM MANAGER 0 47.29 3,783.48 1 49.66 3,972.65 2 52.14 4,171.28 3 54.75 4,379.85 4 57.49 4,598.84 7441 ACE PARK RANGER SUPERVISOR 0 35.03 2,802.19 1 36.78 2,942.29 2 38.62 3,089.41 3 40.55 3,243.88 4 42.58 3,406.08 5154 ACE PARKING ENFORCEMENT OFFICER 0 21.88 1,750.39 1 22.97 1,837.91 2 24.12 1,929.81 3 25.33 2,026.29 4 26.60 2,127.61 Page 440 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 43 of 70 3693 ACE PARKING METER TECHNICIAN 0 24.07 1,925.43 1 25.27 2,021.70 2 26.53 2,122.79 3 27.86 2,228.92 4 29.25 2,340.37 6619 ACE PARKS MAINT WORKER I 0 21.65 1,731.97 1 22.73 1,818.56 2 23.87 1,909.49 3 25.06 2,004.97 4 26.32 2,105.22 6620 UCHR PARKS MAINT WORKER I (HOURLY) 0 21.65 -- 1 22.73 -- 2 23.87 -- 3 25.06 -- 4 26.32 -- 6617 ACE PARKS MAINT WORKER II 0 23.81 1,905.16 1 25.01 2,000.41 2 26.26 2,100.45 3 27.57 2,205.46 4 28.95 2,315.73 6604 MM PARKS MANAGER 0 45.81 3,664.99 1 48.10 3,848.23 2 50.51 4,040.64 3 53.03 4,242.67 4 55.68 4,454.79 6605 ACE PARKS SUPERVISOR 0 35.03 2,802.19 1 36.78 2,942.29 2 38.62 3,089.41 3 40.55 3,243.88 4 42.58 3,406.08 3665 CONF PAYROLL SPECIALIST 0 29.00 2,320.01 1 30.45 2,436.01 2 31.97 2,557.81 3 33.57 2,685.70 4 35.25 2,819.99 Page 441 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 44 of 70 3663 MMCF PAYROLL SUPERVISOR 0 41.31 3,305.19 1 43.38 3,470.45 2 45.55 3,643.96 3 47.83 3,826.17 4 50.22 4,017.47 5061 POA PEACE OFFICER 0 43.44 3,474.86 1 45.61 3,648.59 2 47.89 3,831.02 3 50.28 4,022.57 4 52.80 4,223.70 5 55.44 4,434.89 4731 MM PLAN CHECK SUPERVISOR 0 52.91 4,232.71 1 55.55 4,444.34 2 58.33 4,666.56 3 61.25 4,899.89 4 64.31 5,144.86 4753 ACE PLAN CHECK TECHNICIAN 0 31.53 2,522.49 1 33.11 2,648.61 2 34.76 2,781.04 3 36.50 2,920.10 4 38.33 3,066.10 4727 SM PLANNING MANAGER 0 65.84 5,267.04 1 -- -- 2 71.04 5,683.21 3 74.59 5,967.37 4 79.43 6,354.08 4527 ACE PLANNING TECHNICIAN 0 25.91 2,072.61 1 27.20 2,176.21 2 28.56 2,285.02 3 29.99 2,399.28 4 31.49 2,519.25 6432 ACE PLUMBER 0 30.79 2,463.13 1 32.33 2,586.29 2 33.95 2,715.61 3 35.64 2,851.38 4 37.42 2,993.96 Page 442 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 45 of 70 5219 UCHR POL WELLNESS COORDINATOR 0 45.92 -- 1 48.21 -- 2 50.62 -- 3 53.15 -- 4 55.81 -- 5025 SM POLICE ADMIN SVCS ADMINISTRATR 0 60.47 4,837.81 1 -- -- 2 -- -- 3 -- -- 4 73.50 5,880.19 5051 POA POLICE AGENT 0 47.83 3,826.37 1 50.22 4,017.69 2 52.73 4,218.57 3 55.37 4,429.48 4 58.14 4,650.95 5 61.04 4,883.51 5022 SM POLICE CAPTAIN 0 83.33 6,666.26 1 -- -- 2 -- -- 3 -- -- 4 101.28 8,102.56 5258 ACE POLICE COMM RELATIONS SPEC 0 27.68 2,214.24 1 29.06 2,324.96 2 30.52 2,441.20 3 32.04 2,563.27 4 33.64 2,691.43 5185 MM POLICE COMMUNICATIONS SYS MGR 0 56.21 4,496.58 1 59.02 4,721.41 2 61.97 4,957.48 3 65.07 5,205.35 4 68.32 5,465.62 5187 UCHR POLICE DISPATCH CALLTAKER 0 24.60 -- 1 25.83 -- 2 27.12 -- 3 28.48 -- 4 29.90 -- Page 443 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 46 of 70 5180 UCHR POLICE DISPATCHER 0 33.83 -- 1 35.52 -- 2 37.30 -- 3 39.16 -- 4 41.12 -- 5181 ACE POLICE DISPATCHER 0 33.83 2,706.46 1 35.52 2,841.79 2 37.30 2,983.88 3 39.16 3,133.06 4 41.12 3,289.71 5183 ACE POLICE DISPATCHER SUPERVISOR 0 39.81 3,185.16 1 41.81 3,344.42 2 43.90 3,511.64 3 46.09 3,687.22 4 48.39 3,871.58 5179 ACE POLICE DISPATCHER TRAINEE 0 30.76 2,460.42 1 32.29 2,583.45 2 33.91 2,712.61 3 35.60 2,848.24 4 37.38 2,990.65 5191 ACE POLICE FACILITY & SUPPLY COORD 0 28.24 2,259.45 1 29.66 2,372.42 2 31.14 2,491.03 3 32.69 2,615.57 4 34.33 2,746.37 5031 POA POLICE LIEUTENANT 0 66.03 5,282.16 1 69.33 5,546.26 2 72.79 5,823.58 3 76.43 6,114.77 4 80.26 6,420.51 5 84.27 6,741.54 5203 ACE POLICE RECORDS & SUPPORT SUPV 0 27.40 2,191.79 1 28.77 2,301.38 2 30.21 2,416.45 3 31.72 2,537.27 4 33.30 2,664.14 Page 444 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 47 of 70 0165 ACE POLICE RECORDS SPECIALIST 0 20.72 1,657.31 1 21.75 1,740.17 2 22.84 1,827.18 3 23.98 1,918.54 4 25.18 2,014.47 0166 UCHR POLICE RECORDS SPECIALIST 0 20.72 -- 1 21.75 -- 2 22.84 -- 3 23.98 -- 4 25.18 -- 5071 ACE POLICE RECRUIT 0 32.89 2,631.19 1 34.53 2,762.73 2 36.26 2,900.86 3 38.07 3,045.91 4 39.98 3,198.20 5041 POA POLICE SERGEANT 0 55.02 4,401.47 1 57.77 4,621.55 2 60.66 4,852.63 3 63.69 5,095.25 4 66.88 5,350.02 5 70.22 5,617.52 5415 ACE POLICE SERVICES TECHNICIAN 0 26.08 2,086.79 1 27.39 2,191.13 2 28.76 2,300.70 3 30.20 2,415.72 4 31.71 2,536.52 5207 UCHR POLICE SUPPORT SERVICES AIDE 0 16.00 -- 1 16.80 -- 2 17.64 -- 3 18.52 -- 4 19.45 -- 5205 MM POLICE SUPPORT SERVICES MGR 0 46.90 3,751.61 1 49.24 3,939.19 2 51.70 4,136.15 3 54.29 4,342.95 4 57.00 4,560.10 Page 445 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 48 of 70 5209 MM POLICE TECHNOLOGY MANAGER 0 49.89 3,991.41 1 52.39 4,190.99 2 55.01 4,400.53 3 57.76 4,620.56 4 60.65 4,851.60 5107 ACE POLICE TECHNOLOGY SPECIALIST 0 41.24 3,299.07 1 43.30 3,464.02 2 45.47 3,637.23 3 47.74 3,819.08 4 50.13 4,010.04 2013 PRUC POLICY AIDE 0 31.76 2,540.66 1 33.35 2,667.69 2 35.01 2,801.06 3 36.76 2,941.12 4 38.60 3,088.19 3629 MMCF PRINCIPAL ACCOUNTANT 0 46.49 3,718.96 1 48.81 3,904.91 2 51.25 4,100.14 3 53.81 4,305.15 4 56.51 4,520.40 6021 MM PRINCIPAL CIVIL ENGINEER 0 70.63 5,650.63 1 74.16 5,933.17 2 77.87 6,229.82 3 81.77 6,541.33 4 85.85 6,868.39 2724 MM PRINCIPAL ECON DEV SPECIALIST 0 56.03 4,482.20 1 58.83 4,706.30 2 61.77 4,941.61 3 64.86 5,188.70 4 68.10 5,448.12 4486 MM PRINCIPAL LANDSCAPE ARCHITECT 0 54.00 4,320.22 1 56.70 4,536.24 2 59.54 4,763.05 3 62.52 5,001.21 4 65.64 5,251.26 Page 446 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 49 of 70 7051 MM PRINCIPAL LIBRARIAN 0 46.96 3,757.01 1 49.31 3,944.85 2 51.78 4,142.08 3 54.37 4,349.20 4 57.08 4,566.66 0208 PROF PRINCIPAL MANAGEMENT ANALYST 0 49.14 3,930.93 1 51.59 4,127.48 2 54.17 4,333.85 3 56.88 4,550.55 4 59.73 4,778.08 0214 PRCF PRINCIPAL MANAGEMENT ANALYST 0 49.14 3,930.93 1 51.59 4,127.48 2 54.17 4,333.85 3 56.88 4,550.55 4 59.73 4,778.08 4431 MM PRINCIPAL PLANNER 0 56.03 4,482.20 1 58.83 4,706.30 2 61.77 4,941.61 3 64.86 5,188.70 4 68.10 5,448.12 4212 PROF PRINCIPAL PROJECT COORDINATOR 0 56.03 4,482.20 1 58.83 4,706.30 2 61.77 4,941.61 3 64.86 5,188.70 4 68.10 5,448.12 7410 MM PRINCIPAL RECREATION MANAGER 0 47.23 3,778.54 1 49.59 3,967.47 2 52.07 4,165.84 3 54.68 4,374.13 4 57.41 4,592.84 6020 MM PRINCIPAL TRAFFIC ENGINEER 0 70.63 5,650.63 1 74.16 5,933.17 2 77.87 6,229.82 3 81.77 6,541.33 4 85.85 6,868.39 Page 447 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 50 of 70 3717 MM PROCUREMENT SERVICES ANALYST 0 46.50 3,720.20 1 48.83 3,906.20 2 51.27 4,101.51 3 53.83 4,306.58 4 56.52 4,521.92 3721 ACE PROCUREMENT SPECIALIST 0 32.05 2,564.08 1 33.65 2,692.27 2 35.34 2,826.87 3 37.10 2,968.23 4 38.96 3,116.64 3090 PROF PROGRAMMER ANALYST 0 41.87 3,349.88 1 43.97 3,517.37 2 46.17 3,693.25 3 48.47 3,877.91 4 50.90 4,071.80 4217 ACE PROJECT COORDINATOR I 0 34.31 2,745.11 1 36.03 2,882.37 2 37.83 3,026.49 3 39.72 3,177.82 4 41.71 3,336.71 4215 ACE PROJECT COORDINATOR II 0 37.75 3,019.62 1 39.63 3,170.61 2 41.61 3,329.15 3 43.69 3,495.59 4 45.88 3,670.37 5127 ACE PROPERTY & EVIDENCE SPECIALIST 0 22.92 1,833.22 1 24.06 1,924.88 2 25.26 2,021.14 3 26.53 2,122.19 4 27.85 2,228.30 5121 ACE PROPERTY & EVIDENCE SUPERVISOR 0 30.31 2,424.43 1 31.82 2,545.67 2 33.41 2,672.94 3 35.08 2,806.60 4 36.84 2,946.92 Page 448 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 51 of 70 2782 CONF PUBLIC INFORMATION SPECIALIST 0 32.26 2,581.14 1 33.88 2,710.22 2 35.57 2,845.70 3 37.35 2,988.00 4 39.22 3,137.40 2783 ACE PUBLIC INFORMATION SPECIALIST 0 32.26 2,581.14 1 33.88 2,710.22 2 35.57 2,845.70 3 37.35 2,988.00 4 39.22 3,137.40 5254 ACE PUBLIC SAFETY ANALYST 0 35.31 2,824.49 1 37.07 2,965.71 2 38.93 3,114.00 3 40.87 3,269.71 4 42.91 3,433.19 5256 UCHR PUBLIC SAFETY ANALYST 0 35.31 -- 1 37.07 -- 2 38.93 -- 3 40.87 -- 4 42.91 -- 6123 ACE PUBLIC WORKS INSPECTOR I 0 32.96 2,637.16 1 34.61 2,769.00 2 36.34 2,907.46 3 38.16 3,052.83 4 40.07 3,205.47 6121 ACE PUBLIC WORKS INSPECTOR II 0 36.26 2,900.85 1 38.07 3,045.90 2 39.98 3,198.18 3 41.98 3,358.12 4 44.08 3,526.01 6336 MM PUBLIC WORKS MANAGER 0 48.15 3,851.61 1 50.55 4,044.19 2 53.08 4,246.40 3 55.73 4,458.73 4 58.52 4,681.66 Page 449 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 52 of 70 6712 ACE PUBLIC WORKS SPECIALIST 0 26.28 2,102.08 1 27.59 2,207.17 2 28.97 2,317.52 3 30.42 2,433.40 4 31.94 2,555.09 6327 SM PUBLIC WORKS SUPERINTENDENT 0 60.54 4,843.42 1 63.57 5,085.58 2 66.75 5,339.87 3 70.09 5,606.86 4 73.59 5,887.21 6337 ACE PUBLIC WORKS SUPERVISOR 0 35.03 2,802.19 1 36.78 2,942.29 2 38.62 3,089.41 3 40.55 3,243.88 4 42.58 3,406.08 6392 ACE PUMP MAINTENANCE SUPERVISOR 0 35.61 2,848.91 1 37.39 2,991.37 2 39.26 3,140.92 3 41.22 3,297.97 4 43.29 3,462.87 6396 ACE PUMP MAINTENANCE TECHNICIAN 0 30.97 2,477.31 1 32.51 2,601.18 2 34.14 2,731.23 3 35.85 2,867.79 4 37.64 3,011.18 3711 SM PURCHASING AGENT 0 57.34 4,587.55 1 -- -- 2 -- -- 3 -- -- 4 69.70 5,576.19 5417 ACE RANGE MASTER 0 26.47 2,117.97 1 27.80 2,223.87 2 29.19 2,335.06 3 30.65 2,451.81 4 32.18 2,574.41 Page 450 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 53 of 70 2211 MM RECORDS MANAGER 0 37.34 2,987.50 1 39.21 3,136.90 2 41.17 3,293.72 3 43.23 3,458.43 4 45.39 3,631.34 2217 ACE RECORDS SPECIALIST 0 22.36 1,788.57 1 23.48 1,878.00 2 24.65 1,971.90 3 25.88 2,070.51 4 27.18 2,174.01 7605 UCHR RECREATION AIDE 0 16.00 -- 1 16.80 -- 2 17.64 -- 3 18.52 -- 4 19.45 -- 7603 UCHR RECREATION LEADER 0 18.40 -- 1 19.32 -- 2 20.29 -- 3 21.30 -- 4 22.37 -- 7601 UCHR RECREATION SPECIALIST 0 22.08 -- 1 23.18 -- 2 24.34 -- 3 25.56 -- 4 26.84 -- 7425 ACE RECREATION SUPERVISOR I 0 26.66 2,132.89 1 27.99 2,239.53 2 29.39 2,351.52 3 30.86 2,469.09 4 32.41 2,592.54 7426 UCHR RECREATION SUPERVISOR I 0 26.66 -- 1 27.99 -- 2 29.39 -- 3 30.86 -- 4 32.41 -- Page 451 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 54 of 70 7423 ACE RECREATION SUPERVISOR II 0 29.33 2,346.18 1 30.79 2,463.49 2 32.33 2,586.66 3 33.95 2,716.00 4 35.65 2,851.80 7422 ACE RECREATION SUPERVISOR III 0 33.73 2,698.11 1 35.41 2,833.02 2 37.18 2,974.67 3 39.04 3,123.39 4 40.99 3,279.56 2742 ACE RECYCLING SPECIALIST I 0 26.03 2,082.39 1 27.33 2,186.51 2 28.70 2,295.85 3 30.13 2,410.62 4 31.64 2,531.16 2744 ACE RECYCLING SPECIALIST II 0 28.63 2,290.64 1 30.06 2,405.18 2 31.57 2,525.43 3 33.15 2,651.70 4 34.80 2,784.29 5307 ACE REGISTERED VETERINARY TECH 0 24.86 1,988.48 1 26.10 2,087.90 2 27.40 2,192.30 3 28.77 2,301.93 4 30.21 2,417.03 5312 UCHR REGISTERED VETERINARY TECH 0 24.86 -- 1 26.10 -- 2 27.40 -- 3 28.77 -- 4 30.21 -- 5081 UCHR RESERVE OFFICER 0 14.24 -- 1 14.95 -- 2 15.69 -- 3 -- -- 4 -- -- Page 452 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 55 of 70 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 58.27 4,661.27 1 -- -- 2 66.85 5,348.08 3 -- -- 4 70.82 5,665.80 3367 PRCF RISK MANAGEMENT SPECIALIST 0 39.63 3,170.42 1 41.61 3,328.94 2 43.69 3,495.40 3 45.88 3,670.17 4 48.17 3,853.67 3368 UCHR RISK MGMT SPECIALIST (HOURLY) 0 39.63 -- 1 41.61 -- 2 43.69 -- 3 45.88 -- 4 48.17 -- 0231 UCHR SEASONAL ASSISTANT 0 16.00 -- 1 16.80 -- 2 17.64 -- 3 18.52 -- 4 19.45 -- 0171 ACE SECRETARY 0 22.36 1,788.57 1 23.48 1,878.00 2 24.65 1,971.90 3 25.88 2,070.51 4 27.18 2,174.01 3630 MMCF SENIOR ACCOUNTANT 0 41.88 3,350.19 1 43.97 3,517.70 2 46.17 3,693.57 3 48.48 3,878.26 4 50.90 4,072.17 Page 453 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 56 of 70 3651 ACE SENIOR ACCOUNTING ASSISTANT 0 26.57 2,125.24 1 27.89 2,231.50 2 29.29 2,343.09 3 30.75 2,460.26 4 32.29 2,583.26 0185 ACE SENIOR ADMIN SECRETARY 0 31.40 2,512.16 1 32.97 2,637.76 2 34.62 2,769.66 3 36.35 2,908.11 4 38.17 3,053.53 5345 ACE SENIOR ANIMAL CARE SPECIALIST 0 23.82 1,905.62 1 25.01 2,000.91 2 26.26 2,100.95 3 27.58 2,206.00 4 28.95 2,316.29 3089 PROF SENIOR APPLICATION SUPP SPEC 0 46.39 3,710.91 1 48.71 3,896.47 2 51.14 4,091.28 3 53.70 4,295.86 4 56.38 4,510.65 2403 SM SENIOR ASSISTANT CITY ATTORNEY 0 85.62 6,849.40 1 89.90 7,191.87 2 94.39 7,551.47 3 99.11 7,929.04 4 104.07 8,325.49 4781 ACE SENIOR BUILDING INSPECTOR 0 41.70 3,335.97 1 43.78 3,502.78 2 45.97 3,677.92 3 48.27 3,861.82 4 50.69 4,054.89 4507 ACE SENIOR BUSINESS LICENSE REP 0 26.57 2,125.24 1 27.89 2,231.50 2 29.29 2,343.09 3 30.75 2,460.26 4 32.29 2,583.26 Page 454 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 57 of 70 6019 WCE SENIOR CIVIL ENGINEER 0 60.16 4,812.88 1 63.17 5,053.53 2 66.33 5,306.20 3 69.64 5,571.52 4 73.13 5,850.09 4763 ACE SENIOR CODE ENFORCEMNT OFFICER 0 39.84 3,187.43 1 41.83 3,346.79 2 43.93 3,514.14 3 46.12 3,689.83 4 48.43 3,874.33 6204 ACE SENIOR CONSERVATION SPECIALIST 0 32.93 2,634.26 1 34.57 2,765.97 2 36.30 2,904.26 3 38.12 3,049.47 4 40.02 3,201.95 2025 UCHR SENIOR COUNCIL ASSISTANT 0 29.52 -- 1 31.00 -- 2 32.55 -- 3 34.18 -- 4 35.88 -- 2027 CONF SENIOR COUNCIL ASSISTANT 0 29.52 2,361.79 1 31.00 2,479.88 2 32.55 2,603.87 3 34.18 2,734.07 4 35.88 2,870.77 2725 PROF SENIOR ECON DEVELOPMENT SPEC 0 47.29 3,783.48 1 49.66 3,972.65 2 52.14 4,171.28 3 54.75 4,379.85 4 57.49 4,598.84 6442 ACE SENIOR ELECTRICIAN 0 35.41 2,832.60 1 37.18 2,974.24 2 39.04 3,122.95 3 40.99 3,279.09 4 43.04 3,443.04 Page 455 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 58 of 70 6471 ACE SENIOR ELECTRONICS TECHNICIAN 0 38.95 3,115.87 1 40.90 3,271.66 2 42.94 3,435.25 3 45.09 3,607.01 4 47.34 3,787.35 6059 ACE SENIOR ENGINEERING TECHNICIAN 0 36.26 2,900.85 1 38.07 3,045.90 2 39.98 3,198.18 3 41.98 3,358.12 4 44.08 3,526.01 6512 ACE SENIOR EQUIPMENT MECHANIC 0 34.06 2,725.05 1 35.77 2,861.30 2 37.55 3,004.36 3 39.43 3,154.57 4 41.40 3,312.30 5529 IAFF SENIOR FIRE INSPECTOR/INVESTIG 0 44.83 3,586.35 1 47.07 3,765.65 2 49.42 3,953.94 3 51.90 4,151.65 4 54.49 4,359.21 0175 ACE SENIOR FISCAL OFFICE SPECIALST 0 23.47 1,877.99 1 24.65 1,971.89 2 25.88 2,070.50 3 27.18 2,174.01 4 28.53 2,282.72 3073 ACE SENIOR GIS ANALYST 0 37.87 3,029.38 1 39.76 3,180.86 2 41.75 3,339.90 3 43.84 3,506.89 4 46.03 3,682.24 2764 PROF SENIOR GRAPHIC DESIGNER 0 39.04 3,123.42 1 40.99 3,279.59 2 43.04 3,443.58 3 45.20 3,615.75 4 47.46 3,796.53 Page 456 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 59 of 70 3308 PRCF SENIOR HR ANALYST 0 43.65 3,491.95 1 45.83 3,666.54 2 48.12 3,849.87 3 50.53 4,042.36 4 53.06 4,244.49 3316 CONF SENIOR HR TECHNICIAN 0 31.61 2,528.94 1 33.19 2,655.39 2 34.85 2,788.17 3 36.59 2,927.57 4 38.42 3,073.95 6441 ACE SENIOR HVAC TECHNICIAN 0 35.41 2,832.60 1 37.18 2,974.24 2 39.04 3,122.95 3 40.99 3,279.09 4 43.04 3,443.04 3012 PROF SENIOR INFO TECH SUPPORT SPEC 0 40.98 3,278.30 1 43.03 3,442.22 2 45.18 3,614.33 3 47.44 3,795.05 4 49.81 3,984.79 3031 PROF SENIOR ITS/POL SPEC II (T) 0 45.16 3,612.57 1 47.42 3,793.20 2 49.79 3,982.87 3 52.28 4,182.01 4 54.89 4,391.11 6285 WCE SENIOR LAND SURVEYOR 0 54.69 4,375.35 1 57.43 4,594.12 2 60.30 4,823.82 3 63.31 5,065.01 4 66.48 5,318.26 6295 ACE SENIOR LANDSCAPE INSPECTOR 0 41.70 3,335.99 1 43.78 3,502.79 2 45.97 3,677.93 3 48.27 3,861.83 4 50.69 4,054.91 Page 457 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 60 of 70 5110 ACE SENIOR LATENT PRINT EXAMINER 0 44.76 3,580.65 1 47.00 3,759.70 2 49.35 3,947.67 3 51.81 4,145.07 4 54.40 4,352.31 2463 CONF SENIOR LEGAL ASSISTANT 0 31.71 2,537.03 1 33.30 2,663.87 2 34.96 2,797.07 3 36.71 2,936.92 4 38.55 3,083.78 7053 MM SENIOR LIBRARIAN 0 37.47 2,997.68 1 39.34 3,147.57 2 41.31 3,304.95 3 43.38 3,470.19 4 45.55 3,643.70 7589 UCHR SENIOR LIFEGUARD 0 20.27 -- 1 21.28 -- 2 22.35 -- 3 23.47 -- 4 24.64 -- 6371 ACE SENIOR MAINTENANCE WORKER 0 28.58 2,286.19 1 30.01 2,400.51 2 31.51 2,520.52 3 33.08 2,646.55 4 34.74 2,778.88 0206 PROF SENIOR MANAGEMENT ANALYST 0 44.67 3,573.57 1 46.90 3,752.26 2 49.25 3,939.86 3 51.71 4,136.86 4 54.30 4,343.71 0226 PRCF SENIOR MANAGEMENT ANALYST 0 44.67 3,573.57 1 46.90 3,752.26 2 49.25 3,939.86 3 51.71 4,136.86 4 54.30 4,343.71 Page 458 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 61 of 70 3051 PROF SENIOR NETWORK ENGINEER 0 55.09 4,406.86 1 57.84 4,627.21 2 60.73 4,858.57 3 63.77 5,101.50 4 66.96 5,356.57 0173 ACE SENIOR OFFICE SPECIALIST 0 22.36 1,788.57 1 23.48 1,878.00 2 24.65 1,971.90 3 25.88 2,070.51 4 27.18 2,174.01 0174 UCHR SENIOR OFFICE SPECIALIST 0 22.36 -- 1 23.48 -- 2 24.65 -- 3 25.88 -- 4 27.18 -- 6309 ACE SENIOR OPEN SPACE INSPECTOR 0 41.70 3,335.99 1 43.78 3,502.79 2 45.97 3,677.93 3 48.27 3,861.83 4 50.69 4,054.91 7439 ACE SENIOR PARK RANGER 0 28.54 2,283.07 1 29.97 2,397.22 2 31.46 2,517.08 3 33.04 2,642.94 4 34.69 2,775.09 5157 ACE SENIOR PARKING ENFORCEMENT OFF 0 24.07 1,925.43 1 25.27 2,021.70 2 26.53 2,122.79 3 27.86 2,228.92 4 29.25 2,340.37 6615 ACE SENIOR PARKS MAINT WORKER 0 28.58 2,286.19 1 30.01 2,400.51 2 31.51 2,520.52 3 33.08 2,646.55 4 34.74 2,778.88 Page 459 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 62 of 70 4746 WCE SENIOR PLAN CHECK ENGINEER 0 50.69 4,055.35 1 53.23 4,258.11 2 55.89 4,471.01 3 58.68 4,694.58 4 61.62 4,929.30 4751 ACE SENIOR PLAN CHECK TECHNICIAN 0 36.26 2,900.85 1 38.07 3,045.90 2 39.98 3,198.18 3 41.98 3,358.12 4 44.08 3,526.01 4432 PROF SENIOR PLANNER 0 47.29 3,783.48 1 49.66 3,972.65 2 52.14 4,171.28 3 54.75 4,379.85 4 57.49 4,598.84 4529 ACE SENIOR PLANNING TECHNICIAN 0 29.79 2,383.47 1 31.28 2,502.65 2 32.85 2,627.79 3 34.49 2,759.17 4 36.21 2,897.14 0135 ACE SENIOR POLICE RECORDS SPEC 0 23.82 1,905.90 1 25.02 2,001.21 2 26.27 2,101.26 3 27.58 2,206.32 4 28.96 2,316.63 0136 UCHR SENIOR POLICE RECORDS SPEC 0 23.82 -- 1 25.02 -- 2 26.27 -- 3 27.58 -- 4 28.96 -- 3728 PROF SENIOR PROCUREMENT SPECIALIST 0 37.46 2,996.43 1 39.33 3,146.26 2 41.29 3,303.57 3 43.36 3,468.75 4 45.53 3,642.19 Page 460 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 63 of 70 3091 PROF SENIOR PROGRAMMER ANALYST 0 47.74 3,818.94 1 50.12 4,009.90 2 52.63 4,210.39 3 55.26 4,420.91 4 58.02 4,641.95 4214 PROF SENIOR PROJECT COORDINATOR 0 47.29 3,783.48 1 49.66 3,972.65 2 52.14 4,171.28 3 54.75 4,379.85 4 57.49 4,598.84 5125 ACE SENIOR PROPRTY & EVIDENCE SPEC 0 26.35 2,108.20 1 27.67 2,213.62 2 29.05 2,324.31 3 30.51 2,440.51 4 32.03 2,562.54 5248 UCHR SENIOR PUBLIC SAFETY ANALYST 0 43.37 -- 1 45.54 -- 2 47.81 -- 3 50.20 -- 4 52.71 -- 5260 PROF SENIOR PUBLIC SAFETY ANALYST 0 44.67 3,573.57 1 46.90 3,752.26 2 49.25 3,939.86 3 51.71 4,136.86 4 54.30 4,343.71 6101 ACE SENIOR PUBLIC WORKS INSPECTOR 0 41.70 3,335.98 1 43.78 3,502.79 2 45.97 3,677.93 3 48.27 3,861.83 4 50.69 4,054.90 6702 ACE SENIOR PUBLIC WORKS SPECIALIST 0 31.53 2,522.48 1 33.11 2,648.60 2 34.76 2,781.03 3 36.50 2,920.08 4 38.33 3,066.09 Page 461 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 64 of 70 2215 ACE SENIOR RECORDS SPECIALIST 0 25.71 2,056.86 1 27.00 2,159.69 2 28.35 2,267.68 3 29.76 2,381.07 4 31.25 2,500.12 2746 ACE SENIOR RECYCLING SPECIALIST 0 32.93 2,634.26 1 34.57 2,765.97 2 36.30 2,904.26 3 38.12 3,049.47 4 40.02 3,201.95 3365 PRCF SENIOR RISK MANAGEMENT SPEC 0 45.57 3,645.99 1 47.85 3,828.29 2 50.25 4,019.70 3 52.76 4,220.69 4 55.40 4,431.73 0177 ACE SENIOR SECRETARY 0 24.59 1,967.42 1 25.82 2,065.81 2 27.11 2,169.09 3 28.47 2,277.56 4 29.89 2,391.43 6573 ACE SENIOR TREE TRIMMER 0 31.44 2,514.81 1 33.01 2,640.56 2 34.66 2,772.57 3 36.39 2,911.21 4 38.21 3,056.77 2779 PROF SENIOR WEBMASTER 0 39.19 3,134.88 1 41.15 3,291.60 2 43.20 3,456.20 3 45.36 3,629.01 4 47.63 3,810.46 6169 ACE SIGNAL SYSTEMS ENGINEER I 0 37.90 3,031.81 1 39.79 3,183.38 2 41.78 3,342.56 3 43.87 3,509.69 4 46.06 3,685.16 Page 462 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 65 of 70 6170 ACE SIGNAL SYSTEMS ENGINEER II 0 41.69 3,334.98 1 43.77 3,501.73 2 45.96 3,676.80 3 48.26 3,860.65 4 50.67 4,053.68 6355 ACE SIGNING AND STRIPING SUPV 0 35.03 2,802.19 1 36.78 2,942.29 2 38.62 3,089.41 3 40.55 3,243.88 4 42.58 3,406.08 2751 SM SPECIAL PROJECTS MGR 0 51.21 4,096.74 1 52.51 4,200.62 2 55.13 4,410.65 3 57.89 4,631.18 4 62.25 4,979.60 6614 UCHR SR PARKS MAINT WRKR (HOURLY) 0 28.58 -- 1 30.01 -- 2 31.51 -- 3 33.08 -- 4 34.74 -- 3734 ACE STOREKEEPER 0 23.78 1,902.55 1 24.97 1,997.69 2 26.22 2,097.56 3 27.53 2,202.45 4 28.91 2,312.57 3732 ACE STOREKEEPER SUPERVISOR 0 28.54 2,283.07 1 29.97 2,397.22 2 31.46 2,517.08 3 33.04 2,642.94 4 34.69 2,775.09 6127 ACE STORMWATER COMPLNCE INSP I 0 30.76 2,461.04 1 32.30 2,584.09 2 33.92 2,713.30 3 35.61 2,848.97 4 37.39 2,991.42 Page 463 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 66 of 70 6125 ACE STORMWATER COMPLNCE INSP II 0 33.84 2,707.15 1 35.53 2,842.50 2 37.31 2,984.63 3 39.17 3,133.87 4 41.13 3,290.55 6137 ACE STORMWATER ENV SPECIALIST I 0 34.46 2,757.01 1 36.19 2,894.88 2 38.00 3,039.61 3 39.90 3,191.60 4 41.89 3,351.19 6135 ACE STORMWATER ENV SPECIALIST II 0 37.91 3,032.73 1 39.80 3,184.37 2 41.79 3,343.59 3 43.88 3,510.74 4 46.08 3,686.31 6131 MM STORMWATER PROGRAM MANAGER 0 52.19 4,175.47 1 54.80 4,384.24 2 57.54 4,603.44 3 60.42 4,833.63 4 63.44 5,075.30 5241 MM SUPRVSNG PUBLIC SAFETY ANALYST 0 51.37 4,109.61 1 53.94 4,315.10 2 56.64 4,530.85 3 59.47 4,757.39 4 62.44 4,995.25 6151 ACE SURVEY TECHNICIAN I 0 28.66 2,293.16 1 30.10 2,407.82 2 31.60 2,528.21 3 33.18 2,654.63 4 34.84 2,787.37 6141 ACE SURVEY TECHNICIAN II 0 31.53 2,522.48 1 33.11 2,648.60 2 34.76 2,781.03 3 36.50 2,920.08 4 38.33 3,066.09 Page 464 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 67 of 70 3015 PROF SYSTEMS/DATABASE ADMINISTRATOR 0 43.61 3,488.43 1 45.79 3,662.87 2 48.08 3,846.00 3 50.48 4,038.31 4 53.00 4,240.21 3027 ACE TELECOMMUNICATIONS SPECIALIST 0 26.53 2,122.26 1 27.85 2,228.37 2 29.25 2,339.79 3 30.71 2,456.78 4 32.25 2,579.62 7503 UCHR TINY TOT AIDE 0 18.40 -- 1 19.32 -- 2 20.29 -- 3 21.30 -- 4 22.37 -- 7505 UCHR TINY TOT SPECIALIST 0 22.08 -- 1 23.18 -- 2 24.34 -- 3 25.56 -- 4 26.84 -- 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 30.20 2,416.35 1 31.71 2,537.17 2 33.30 2,664.02 3 34.97 2,797.22 4 36.71 2,937.09 Page 465 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 68 of 70 6185 ACE TRAFFIC SIGNAL & LIGHT TECH II 0 33.22 2,657.99 1 34.89 2,790.88 2 36.63 2,930.43 3 38.46 3,076.93 4 40.38 3,230.79 6181 ACE TRAFFIC SIGNAL & LIGHTING SUPV 0 38.21 3,056.68 1 40.12 3,209.52 2 42.12 3,369.98 3 44.23 3,538.49 4 46.44 3,715.40 5262 ACE TRAINING PROGRAM SPECIALIST 0 27.68 2,214.24 1 29.06 2,324.96 2 30.52 2,441.20 3 32.04 2,563.27 4 33.64 2,691.43 6031 WCE TRANSPORTATION ENGR W CERT 0 60.16 4,812.88 1 63.17 5,053.53 2 66.33 5,306.20 3 69.64 5,571.52 4 73.13 5,850.09 6033 WCE TRANSPORTATION ENGR W/O CERT 0 57.30 4,583.71 1 60.16 4,812.89 2 63.17 5,053.54 3 66.33 5,306.21 4 69.64 5,571.53 6575 ACE TREE TRIMMER 0 26.20 2,095.67 1 27.51 2,200.46 2 28.88 2,310.48 3 30.33 2,426.00 4 31.84 2,547.30 6572 ACE TREE TRIMMER SUPERVISOR 0 36.15 2,892.02 1 37.96 3,036.64 2 39.86 3,188.47 3 41.85 3,347.89 4 43.94 3,515.29 Page 466 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 69 of 70 5308 UCHR VETERINARIAN 0 46.77 -- 1 49.11 -- 2 51.57 -- 3 54.15 -- 4 56.85 -- 5331 PROF VETERINARIAN (PERMITTED) 0 62.32 4,985.47 1 65.43 5,234.73 2 68.71 5,496.48 3 72.14 5,771.31 4 75.75 6,059.86 5335 PROF VETERINARIAN I 0 44.26 3,540.81 1 46.47 3,717.86 2 48.80 3,903.74 3 51.24 4,098.93 4 53.80 4,303.88 5333 PROF VETERINARIAN II 0 50.90 4,071.93 1 53.44 4,275.51 2 56.12 4,489.30 3 58.92 4,713.75 4 61.87 4,949.45 5334 UCHR VETERINARIAN II 0 50.90 -- 1 53.44 -- 2 56.12 -- 3 58.92 -- 4 61.87 -- 5323 UCHR VETERINARY ASSISTANT 0 20.71 -- 1 21.75 -- 2 22.84 -- 3 23.98 -- 4 25.18 -- 5325 ACE VETERINARY ASSISTANT 0 20.71 1,657.08 1 21.75 1,739.93 2 22.84 1,826.92 3 23.98 1,918.28 4 25.18 2,014.19 Page 467 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective January 12, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 70 of 70 3029 ACE VOIP/VIDEOCONF SPECIALIST 0 35.54 2,843.49 1 37.32 2,985.67 2 39.19 3,134.95 3 41.15 3,291.69 4 43.20 3,456.29 7131 ACE VOLUNTEER COORDINATOR 0 22.64 1,811.44 1 23.78 1,902.02 2 24.96 1,997.13 3 26.21 2,096.98 4 27.52 2,201.82 2777 ACE WEBMASTER 0 34.08 2,726.51 1 35.79 2,862.83 2 37.57 3,005.98 3 39.45 3,156.27 4 41.43 3,314.09 Revised June 6, 2023 (Effective July 14, 2023) July 11, 2023 (Effective July 14, 2023) September 12, 2023 (Effective September 22, 2023 | Mayor, City Attorney and Councilperson salaries effective July 1, 2023) December 12, 2023 (Effective December 15, 2023) January 9, 2024 (Effective January 12, 2024 | Mayor, City Attorney and Councilperson salaries effective July 1, 2023) Page 468 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 469 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 470 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 471 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 472 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 473 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 474 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 475 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda Page 476 of 476 City of Chula Vista - City Council January 9, 2024 Post Agenda