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Home My WebLink AboutAgenda Packet 1997/05/20 Tuesday, May 20, 1997 6:00 p.m. -I d8CIen lindei' penalty c)fper¡ury to,.... I em employed by the City of Chula Vista In the Office of the CIty Clerk end that I posted this AgendafNotice on the Bulletin Board st the P. ublic ~i;ces Bu,ldln', and at Cay 'tall on DATED, -:: /77 SIGNED 6~-" REVISED Rel!Ular Meeting of the Citv of Chula Vista Citv Council Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: Councilmembers Moot -' Padilla -' Rindone -' Salas -' and Mayor Horton -' 2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE 3. APPROVAL OF MINUTES: May 6, 1997. 4. SPECIAL ORDERS OF THE DAY: a. Lorena Lopez, Director, San Diego Office of the Environmental Protection Agency will present an award to Council for the City's success in completing the Green Lights Program. CONSENT CALENDAR (Items 5 through 13) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Requesl to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that as a result of deliberations that occurred in Closed Session on 5/13/97, the City Attorney's office reports in Cruz v. City of Chula Vista that the City Council agreed to accept the arbitration award. Except for the foregoing, there was no other observed reportable action taken by the City Council in Closed Session. It is recommended that the letter be received and filed. 6. RESOLUTION 18666 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE PURCHASE OF ONE 4-CUBIC YARD STREET PATCH TRUCK, AND APPROPRIATING $13,214 FROM THE EQUIPMENT REPLACEMENT FUND FOR THIS PURCHASE - On 4/30/97, the bids for the purchase of one 4-cubic yard street patch truck were opened. Out of sixteen prospective bidders, five bidders responded, ofwruch, one was a local dealership. Staff recommends approval of the resolution awarding the contract to the lowest bidder E.W. Truck and Equipment Company, Inc. with a net total price after trade-in of $56,582.86. (Director of Public Works and Director of Finance) 4/5th's vote required. Agenda 7. 8. 9. 10. RESOLUTION 18667 RESOLUTION 18668 RESOLUTION 18669 RESOLUTION 18670 -2- May 20, 1997 APPROVING THE ENGINEER'S REPORTS FOR THE FISCAL YEAR 1997/98 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICTS 1-9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, BAY BOULEVARD AND TOWN CENTER, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 17, 1997 AT 6:00 P.M. AND JULy 15,1997 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS - The City administers 25 open space districts established over the last 25 years. The districts provide the mechanism to fmance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with and benefitting that particular development. As part of this process. a levy of an annual assessment is necessary to enable the City to collect funds for the proposed open space maintenance. Staff recommends approval of the resolution. (Director of Public Works) APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 1997/98 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICT 10, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 17, 1997 AT 6:00 P.M. AND JULY 15, 1997 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS - Based on the advice of the City Attorney, the item has been separated due to conflict of interest concerns since a Councilmember owns property subject to the proposed assessment in this district. Staff recommends approval of the resolution. (Director of Public Works) APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 1997/98 SPREAD OF ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT 1, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 17, 1997 AT 6:00P.M. AND JULY 15, 1997 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS - Based on the advice of the City Attorney, the item has been separated due to conflict of interest concerns since a Councilmember owns property subject to the proposed assessment in this district. Staff recommends approval of the resolution. (Director of Public Works) APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH RICK ENGINEERING COMPANY FOR PRELIMINARY ENGINEERING DESIGN SERVICES FOR THREE INTERCHANGES WITH INTERSTATE 80S AT TELEGRAPH CANYON ROAD, ORANGE AVENUE AND PALOMAR STREET, WAIVING THE SELECTION PROCESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY AND APPROPRIATING $150,000 OF TRANSPORTATION DEVELOPMENT IMPACT FEES TO PROJECT STM-327/I-805 INTERCHANGE - In January 1996. Council approved an agreement with Rick Engineering to prepare Preliminary Studies for interchanges at 1-805 and Telegraph Canyon Road, Orange Avenue and Palomar Street. Such studies are required by Caltrans prior to construction of major projects within Caltrans Right of Way. Caltrans has identified additional modifications to the Telegraph Canyon Road Interchange, based on a recently updated traffic forecast report, which requires additional work related to the preparation of final design plans. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. Agenda -3- May 20, 1997 11. RESOLUTION 18671 APPROVING AGREEMENT WITH THE SPRING V ALLEY SANITATION DISTRICT AND THE CITY OF SAN DIEGO FOR THE TRANSPORTATION OF WASTEWATER IN THE SPRING VALLEY JOINT SYSTEM AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - A new agreement was drafted by the Spring Valley Sanitation District of the County of San Diego to provide for an equitable allocation of its maintenance, operation and capital replacement costs among the Out-of-DistrictUsers of the Spring Valley Sanitation System until the year 2003. The City is an Out-of-District User. The new agreement must take effect on 7/1197. Staff recommends approval of the resolution. (Director of Public Works) 12. REPORT IN ACCORDANCE WITH CHARTER SECTION 504(1), THE FISCAL STATUS REPORT FOR FISCAL YEAR 1996/97 AS OF MARCH 31, 1997 IS BEFORE COUNCIL FOR CONSIDERATION - Section 504(1) of the City Charter requires quarterly and annual fiscal status reports to be filed by the Director of Finance through the City Manager. The report is covering the period 7/1197 through 3/31197. Staff recommends Council accept the report. (Director of Finance) 13. REPORT PROPOSAL FOR ADDITIONAL PEDESTRIAN ACCESS POINTS/GA TES CONNECTING THE APPROVED RESIDENTIAL DEVELOPMENT ON RANCHO DEL REY PARCEL R-6 TO THE WESTERLY ADJACENT VOYAGER COMMUNITY PARK (DRC-97-01) - On 2/18/97, Council considered and approved the site plan and architectural proposal for a 240-unit residential condominium complex to be located on the south side of East "J" Street between Paseo Ranchero and Vaquero Court within the Rancho del Rey Planned Community. At the meeting, Council expressed concerns about the limited pedestrian access points connecting the proposed residential development to the westerly adjacent community park. Staff recommends Council accept the report. (Director of Planning and Director of Parks & Recreation) ADJOURNMENT TO REGULAR AND lOR JOINT MEETING OF THE REDEVELOPMENT AGENCY . . . END OF CONSENT CALENDAR. . . ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject mailer within the Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agentia.) If you wish to address the Council on such a subject, please complete the "Request to Speak Under Oral Communications Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Forni" available in the lobby and submit it to the City Clerk prior to the meeting. . None submitted. Agenda -4- May 20, 1997 BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions, and/or Committees. None submitted. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of the general public. The items will be considered individually by the Council and staffrecommendations 11Uly in certain cases be presented in the alternative. Those who wish to speak, please .fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting. 14. RESOLUTION 18672 AUTHORIZING THE APPROPRIATION OF $11,000 FROM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND $14,000 FROM THE GENERAL FUND AS A ONE-TIME PAYMENT TO THE BOYS AND GIRLS CLUB, SUBJECT TO THE CLUB MATCHING THE GRANT, WITH THE GENERAL FUND PORTION REIMBURSED BY CDBG ADMINISTRATION FUNDS IN THE FORM OF INCREASING THE FUNDING LEVEL OF THE HUMAN SERVICES COORDINATOR - On 3/11/97, staff presented Council with a partial solution to the financial concerns outlined by the Boys and Girls Club, which left unresolved, could force the closure of the "L" Street facility immediately. In response, Council approved a matching grant of up to $25,000, with only $11,000 specifically identified by staff at that time as a short-term remedy for the current fiscal year. Staff was directed to provide Council with a recommendation for funding the additional $14,000 necessary to meet the $25,000 commitment. Additionally, staff was directed to explore longer term funding solutions which sbould include a better understanding as to the fiscal condition of the Club. Staff recommends approval of the resolution. (Director of Community Development) 4/5th's vote required. 15. REPORT PLAN FOR PROCESSING OF MASTER PLANNED COMMUNITY PROJECTS - Over the past few months, the Planning Department has been in discussions with project applicants regarding several proposed master planned community projects which either have been submitted, or are scheduled to be submitted in the near future. On 3/1/97, Council requested that staff return with a plan which would address how these master planned community projects will be reviewed in an efficient manner while ensuring that the City's General Plan and growth management policies are fully implemented. Staff recommends Council accept the report. (Director of Planning) 16. REPORT THIRTY DAY STATUS REPORT - COMPARISON OF CITY AND COUNTY ANIMAL CONTROL SERVICES - This report is in response to Council's request for a comparison of City and County animal control services. control services. It provides a comparison of City and County service levels, staffing and revenue recommendations to be considered during fiscal year 1997/98 budget deliherations. Staff recommends that Council: (l) accept staffs report; (2) consider starting, extended hours at the Shelter and revenue recommendations during the fiscal year 1997/98 budget deliberations. (Chief of Police) (Revised: 5/16/97) Agenda 17. RESOLUTION 18649 18. RESOLUTION 18673 19. RESOLUTION 18674 -5- May 20, 1997 APPROPRIATING $30,000 OF UNANTICIPATED ANIMAL CONTROL FEE REVENIÆ FOR CONSTRUCTION OF A CATTERY AND PURCHASE OF CAGES AT THE ANIMAL SHELTER - The Animal Shelter is in need of repairs. Staff is recommending $30,000 be appropriated from unanticipated Animal Control Fee Revenues to RD205 Animal Shelter Capital Improvement Project. These funds will be used to build a cattery in the event that donations are not secttred. Staff recommends approval of the resolution. (Chief of Police) 4/5th's vote required. Continued from the meeting of 5/6/97. ACCEPTING DONATIONS IN THE TOTAL AMOUNT OF $3,853 TO THE ANIMAL SHELTER AND APPROPRIATING SUCH FUNDS FOR REPAIRS AT THE ANIMAL SHELTER - The donations to the Shelter have historically been made to help with care for the animals and repairs to the kennel area. This resolution is requested to provide funds to continue improving conditions for the animals at the Shelter. Staff recommends approval of the resolution. (Chief of Police) 4/5th's vote required. APPROVING A REIMBURSEMENT AGREEMENT WITH VILLAGE DEVELOPMENT, L,L.C. FOR ALL INITIAL CONSULTING AND ADMINISTRATIVE COST AND EXPENSES ASSOCIATED WITH FORMING A PUBLIC FINANCING DISTRICT FOR CERTAIN IMPROVEMENTS SERVING THE OTAY RANCH VILLAGE ONE, WAIVING CONSULTANT SELECTION PROCESS AND GUIDELINES, AND APPROVING AGREEMENTS WITH BERRYMAN & HENIGAR; BROWN, DIVEN & HENTSCHKE; AND KADIE-JENSEN, JOHNSON & BODNAR FOR SERVICES ASSOCIATED WITH SAID DISTRICT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS - Village Development has requested the City initiate proceedings to form an assessment district for the acquisition or construction of public facilities associated with Village One of Otay Ranch. They have also signed an agreement providing for the advance of funds to pay for all initial consulting, City administration, and appraisal expenses related to the formation of said district subject to reimbursement from bond proceeds. Staff recommends approval of the resolution. (Director of Public Works) ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. OTHER BUSINESS 20. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. Agenda -6- May 20, 1997 21. MAYOR'S REPORT(S) 22. COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to (a closed session and thence to) a Special MeetinglWorksession on Wednesday, May 2l, 1997 at 6:00 p.m. in the Council Conference Room and thence to the regular City Council meeting on May 27, 1997 at 6:00 p.m. in the City Council Chambers. A meeting of the Redevelopment Agency will be held immediately following the City Council meeting. -, declare IInder penelty of perjury that' am employed by the City of Chule Vista In the Office of the City Clerk end that I posted this Agende(Notice on the Bulletin Board at Tuesday, May 20, 1997 the Public rvi.. Building e~Clty Hall on . Council Chambers 6:00 p.m. DATf;D -;::;¿, SIGNED ~OPUbhC ServIces Butldmg (immediately following the City CouncIl m Citv of Chula Vista Citv Council CLOSED SESSION AGENDA Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are pennilled by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports of./l!!J!l action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be tenninated at this point in order to save costs so that the Council's return from closed session, reports of./l!!J!l action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. 1. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to Government Code Section 54956.9 . Jones Intercable v. City of Cbula Vista. . Griffin v. City of Chula Vista. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 . Agency negotiator: John Goss or designee for CVEA, WCE, POA, 1AFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION COUNCIL AGENDA STATEMENT ~ Item__- Meeting Date OS/20/97 ResolutiDn ) ~ 4:>~ 6 Accepting bids and awarding contract for the purchase of one 4-cubic yard street patch truck, and appropriating $13,214 from the Equipment Replacement Fund for this purchase. SUBMITTED BY: DirectDr Df Public wor~kS~1 .::rfl-, Director of Financê3:- REVIEWED BY: City Manager Jq ~. ./? (4/5ths Vote: YeslLNo-! On April 30, 1997, the bids for the puU:hase of one 4-cubic yard street patch truck were Dpened. Sixteen prospective bidders were contacted. Five bidders responded, of which one was a local dealership. The lowest responsible bidder was E. W. Truck and Equipment Co. Inc. with a net total price after trade-in of $56,852.86. ITEM TITLE: RECOMMENDATION: W. Equipment CD. Inc. That CDuncil authorize the appropriation and award contract to E. BOARDSlCOMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: The FY 1996-97 Equipment Replacement Program provides for the replacement of a 4-cubic yard street patch truck. The amount appropriated in the Replacement Budget, $43,639.00, was the best estimate (in May 1996) of the net cost of the truck and trade-in. It is more difficult to get an estimate on both the cost of the new and the trade-in for the old of a patch truck than just a dump truck because patch trucks are specialty items and not as many are sold in the San Diego region each year. For example, Chula Vista replaces one of this type every ten years. In a case like this, the Fleet Manager looks at the following to determine the budget figure: (1) the original purchase price adjusted by inflation of the item being replaced; (2) the price of the most recent comparable item (a 5 yard dump truck) the City has purchased; (3) any recent comparable bids from other agencies; and (4) an estimate of how much would be added by the emulsion tank. In addition, the trade in amount was estimated to be $10,000 based on recent (in 1993) trade ins. Unfortunately, the trade in offered by the net low bidder was only $2,500 and the purchase price was higher than estimated. Discussions with vendors have revealed that the low trade-in value for the truck is due to a mechanically unsatisfactory engine that GMC soon discontinued. The Purchasing Agent agrees with the decision to trade the vehicle in rather than sell it at the County auction. Vendor Fuller Ford E.W. Pacific Pressley Dion International Eauiament Freiahtliner Peterbilt Price $63,570.00 * $55,083.86 $70,606.00 $60,996.52 $59,693.48 Tax 5,220.17 4,269.00 5,471.97 4,727.23 4,626.24 Trade-In No Offer 2,500.00 4,000.00 3,500.00 5,000.00 NetTotal $72,577.17 $56,852.86 72,077.97 $62,223.75 $59,319.72 * The amount is $62,934.30 when the 1% sales tax return is considered ALTERNATIVE FUEL There were no vendors that offered alternative fuel alternatives. " -/ Page 2, Item__- Meeting Date OS/20/97 FISCAL IMPACT: Sufficient funds were not appropriated for this purchase. The amount of the original appropriation was $43,639.00. The total amount to purchase the truck including 7.75% sales tax less the trade-in is $56,852.86. An additional appropriation of $13,214.00 from Fund 705- 7050 is required to purchase the vehicle. C:IWINWORDIBUDGET\A 113PA TK.DOC ~-2 RESOLUTION NO. ;'~~~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE PURCHASE OF ONE 4-CUBIC YARD STREET PATCH TRUCK, AND APPROPRIATING $13,214 FROM THE EQUIPMENT REPLACEMENT FUND FOR THIS PURCHASE WHEREAS, on April 30, 1997, the following five bids were opened for the purchase of one 4-cubic yard street patch truck: Vendor Fuller Ford E. W. Pacific Pressley Dion Equipment FreighUiner Peterbilt International Price $63,570.00* $55,083.86 $70,606.00 $60,996.52 $59,693.48 Tax 5,220.17 4,269.00 5,471.97 4,727.23 4,626.24 Trade-In No Offer 2,500.00 4,000.00 3,500.00 5,000.00 Net Total $72,577.17 $56,852.86 $72,077.97 $62,223.75 $59,319.72 *The amount is $62.934.30 when the 1 % sales tax return in "onsidered. WHEREAS, the lowest responsible bidder was E. W. Truck and Equipment Co. Inc. with a net total price after trade-in of $56,852.86 and staff recommends awarding the bid to said vendor. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby accept the five bids and award the contract for the purchase of one 4-cubic yard street patch truck to E. W. Truck and Equipment Co, Inc. in the amount of $56,852,86. BE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized to sign the contract on behalf of the City of Chula vista. BE IT FURTHER RESOLVED that the sum of $13,214 is hereby appropriated from the Equipment Replacement Fund 705-7050 in order to purchase the vehicle. Presented by Approved as to form by John P. Lippitt, Director of Public Works C:lrsltruck.4cu t --S SUBMITTED BY: ItemL Meeting Date 5/20197 Resolution ) ó¿,~ 7 Approving the Engineer's reports for the FY 1997-98 spread of assessments for City Open Space Districts 1-9, 11, 14, 15, 17, 18,20,23,24, 26, 31, 33, Bay Boulevard, and Town Center, declaring the intention to levy and collect assessments and setting June 17, 1997 at 6:00 p.m. and July 15, 1997 at 6:00 p.m. as the dates and times for the pu~l.irings. Director of Public Wor'n. ~1If' Director of Parks and R7re~~ion City Manager(Í ~ {,~ )'-' COUNCIL AGENDA STATEMENT ITEM TITLE: REVIEWED BY: (4/5ths Vote: Yes_No.lD The City administers 25 open space districts established over the last twenty-five years. The districts provide the mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with and benefitting that particular development. As part of this process, a levy of an annual assessment is necessary to enable the City to collect funds for the proposed open space maintenance. Tonight's action begins the process for Fiscal Year 1997/98. The City Engineer has prepared and filed reports on assessments for all existing Open Space Districts. The above resolution approves the reports and sets the dates for public hearings to consider the levy of assessments and collection of funds. RECOMMENDATION: That Council approve the resolution: 1) Approving the reports, directing the City Clerk to publish the Resolutions of Intention pursuant to Government Code 6063, and setting the dates of the public hearings on the assessments for June 17, 1997 at 6:00 p.m. and July 15, 1997 at 6:00 p.m. 2) Direct staff to notice the property owners pursuant to State Codes. BOARDS/COMMISSIONS RECOMMENDATION: The budget and assessment information for Town Center Maintenance District will be forwarded to the Town Center Committee via the Community Development Department upon approval of the resolution. As the advisory committee for the Town Center developments, the Committee has historically reviewed this information and provided feedback to staff. DISCUSSION: This agenda statement is the yearly resolution of intention to assess property owners for open space maintenance within the City. Table 1 contains the name and location of the districts. Table 2 relates the present year's assessment to the proposed assessment and collectible for FY 97/98. Following Table 2, there is some general information that applies to all the districts and then each district is analyzed individually. That is followed by a description of the noticing that is required. As a final note, Council should be advised that the preceding agenda items contain the same information on Open Space District No. 10 and Eastlake which were separated due to conflict of interest concerns. 7'-/ Page 2, Item- Meeting Date 5/20/97 Background Pursuant to Article 4, Chapter I, Part 2 of the Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and the City of Chula Vista Municipal Code, the City Engineer has prepared and filed the annual reports for all existing Open Space Districts in the City. The name and location of each open space district is shown in the following table. TABLE 1 Open Space Districts Within the City of Chula Vista Open Space District Name Location No. 1 El Rancho del Rey Units 1-4 Between East H Street and Telegraph Canyon Road east of Paseo Ranchero 2 Lark Haven South and east of Loma Verde Park 3 Rancho Robinhood Units 1 & 2 South of Allen School Lane 4 Bonita Ridge Camino Elevado 5 Southbay Villas Northern end of Crest Drive 6 Hilltop Vista Camino Vista Road 7 Zenith Units 2, 3, and 4 North and south of Palomar, east oft-80S 8 Rancho Robinhood Unit 3 Surrey Drive 9 EI Rancho del Rey Units Paseo del Rey, north of Telegraph Canyon Road 11 Hidden Vista Village East H Street, east of 1-805 14 Bonita Long Canyon North and south of Country Vistas Lane 15 Bonita Haciendas Canyon Drive, east of Otay Lakes Road 17 Bel Air Ridge Northeast of Paseo Ladera and East I Street 18 Rancho del Sur Easterly end of East Naples Street 20 Rancho del Rey North of East H Street, west of Otay Lakes Road 23 Otay Rio Business Park West of Heritage/Otay Valley Road, south of Otay Rio Road 24 Canyon View Homes Rutgers Avenue, south of East H Street 26 Park Bonita West of the intersection of E Street and Bonita Road 31 Telegraph Canyon Estates North of Otay Lakes Rd, west of "SR 125" 33 Broadway Business Home Village West side of Broadway between I Street and K Street Town Center No.1 Third Avenue, north and south of F Street Bay Boulevard Bay Blvd from E Street to F Street 7-;L Page 3, Item- Meeting Date 5120197 These reports were prepared by the City Engineer or under his direction and are presented to Council for approval in order to proceed with the public hearings set for June 17, 1997 at 6:00 p.m. and July 15, 1997 at 6:00 p.m. in accordance with the Landscaping and Lighting Act of 1972. The reports cover districts listed in Table 1. Staff proposes for FY 1997198 that the assessment be kept within that amount previously approved, increasing the FY 96197 assessment by CPI. Per the City's Municipal Code, the CPI adjustment is the lesser of the January to January San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the change in the estimated California fourth quarter per capita personal income as contained in the Governor's budget published in January. CPI is estimated at 4.2% based on the San Diego Metropolitan Area and 5.7% based on the State of California. Therefore, staff will use the CPI figure of 4.2 % based on the San Diego Metropolitan Area, which is the lesser of the two figures. Assessment increases equal to 4.2% (CPI) are not subject to majority protest. Only assessment increases over CPI are subject to majority protest, Assessments & Collectibles Ordinance 2631 also made the distinction between the assessment and the amount that the City may collect against the assessment (collectible). The assessments for FY 97/98 are proposed at FY 96/97 amounts increased by the inflation factor (CPI) pursuant to Municipal Code Section 17.07.035. The collectibles, on the other hand, are equal to or less than the proposed assessments based on the budget, reserve requirement, savings and fund balances, including interest earnings and prior years' savings. Under staff's recommendation, none of the open space districts are subject to a majority protest on the increase. The proposed assessments and collectibles for Fiscal Year 1997-98 are as follows: TABLE 2 PRIOR FY'S VS. FY 97/98 ASSESSMENT/COLLECTIBLE OSD FY 97/98 Proposed Proposed FY 95196 FY 96/97 FY 96/97 CAP: FY 97/98 FY 97/98 FY97/98 Assmntl Collectionl Assmnll FY 96/97 Assmntl Collection! Revenue EDU EDU EDU Assmt+ EDU EDU CPI") 1 $81.00 $86.00 $86.00 $89.61 $89.61 $86.00 $56,914 2 39.00 34.00 39.90 41.58 41.58 34.00 8,466 3 267.00 232.00 273.14 284.61 284.61 256.00 32,512 4 282.00 277.00 288.49 300.61 300.61 289.00 60,690 5 275.00 275.00 281.33 293.15 293.15 274.00 33,428 6 136.00 65.00 139.13 144.97 144.97 71.00 11,502 7 95.00 90.00 97.19 101.27 101.27 90.00 9,360 8 434.00 441.00 443.98 462.63 462.63 442.00 48,620 9 123.00 123.00 125.83 131.11 131.11 115.00 44,160 II 84.00 85.00 85.93 89.54 89.54 85.00 112,288 14(1) 270.00 273.00 276.21 287,81 287,81 271.00 236,681 15 240.00 265.00 265.00 276.13 276.13 274.00 15,618 17 124.00 1.00 126.85 132.18 132.18 1.00 46 18 293.00 228.00 299.74 312.33 312.33 270.00 104,639 20(2) 298.00(3) - - - - - 964,460 ?-J Page 4, Item- Meeting Date 5/20/97 OSD FY 97/98 Proposed Proposed FY 95196 FY 96/97 FY 96/97 CAP: FY 97/98 FY 97/98 FY97/98 Assmntl Collectionl Assmntl FY 96/97 Assmnt/ Collection! Revenue EDU EDU EDU Assmt + EDU EDU CPI(4) Zone 1 DB 45.28 0.00 46.32 48.27 48.27 48.27 (5) Zone 2 RC 3.44 1.01 3.52 3.67 3.67 3.67 Cß Zone3H 4.90 4.55 5.01 5.22 5.22 5.22 (5) Zone 4 BC 18.25 11.00 18.67 19.45 19.45 19.45 Cß Zone 5 I 275.15 278.26 281.48 293.30 293.30 293.30 (j) Zone 6 II 211.41 209.12 216.27 225.35 225.35 225.35 (s, Zone 7 III 130.50 10.55 133.50 139.11 139.11 139.11 (S, Zone 8 NDB 30.09 0.00 30.78 32.07 32.07 32.07 (5) Zone 9 TCC 22.89 16.02 24.44 25.47 25.47 25.47 Cß 23 335.00 63.00 342.71 357.10 357.10 337.00 18,821 24 502.00 377.00 513.55 535.12 535.12 377.00 15,080 26 394.00 302.00 403.06 419.99 419.99 296.00 5,624 31 407.00 262.00 416.36 433.85 433.85 1.00 345 33 NA 686.00 1029.00 1072.22 1072.22 765.00 27,540 Bay Blvd. 1291.00 1311.00 1320.69 1376.16 1376.16 1145.00 11,450 Town Centre 45.00 12.00 46.04 47.97 47.97 8.00 8,000 (I) Includes Sweetwater Authority (withdrew request for waiver). (2) Collectible to be adjusted upon analysis of data by Parks & Recreation. (S, Represented average residential assessment in SPA I. (4) FY 97/98 assessment may be set at or below this cap without being subject to a majority protest. (S, Revenue for all zones included in overall District 20 amount. In general, all budgets have remained the same due to no increases in water cost, contract services, and City staff services. Savings from prior years are proposed to be used to supplement the property owner collections to provide the revenue needed for FY 97/98 maintenance while maintaining reserves between 50%-65% (City Code requires reserves between 50%-100%). Staff typically does not retain reserves above 65% in consideration of property owners direction to return as much excess funds as practical. For those districts where the reserve still exceeds 50-65%, staff recommends using the savings to offset some of the assessments to give lower collectibles. This practice should help avoid reserves in excess of 100% in future years, thereby avoiding processing refund checks. Staff generally tries to keep the assessments within the cpr amount allowed by the Municipal Code each year. The following summarizes the major changes for each district. Pursuant to the ordinance, staff has made a distinction between the assessment and collectible amount; the assessment, estimated cost and collection will become the same number whenever an increase in assessment is necessary. The proposed assessment per EDU for FY 97/98 represents, in all cases, the prior year's assessment with an inflation factor of 4.2%. The assessment per EDU is the figure to be mailed to the property owners and the collectible is the amount to be collected which is affected by reserves, savings, etc. The collectible per EDU reflects impacts of the reserve requirements, ending fund balances and savings. For a detailed outline, see Attachment A. 7~'I Page 5, Item- Meeting Date 5/20/97 CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmtl Collectionl Assmt/ Assmt + Assmt/ Collection! Revenue EDU EDU EDU cpr EDU EDU IfSD No.1 $81.00 $86.00 $86.00 $89.61 $89.61 $86.00 $56,914 El Rancho del Rey Units 1-4 Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $86 per Equivalent Dwelling Unit (EOU), which is less than the assessment of $89.61, utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 57 %. The General Fund will be reimbursed $9,836 for City staff services from the Open Space District Fund for FY 1997/98. CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmtl Collectionl Assmtl Assmt+ Assmtl Collection! Revenue EDU EDU EDU CPI EDU EDU OSDNO.2 $39.00 $34.00 $39.90 $41.58 $41.58 $34.00 $8,466 Lark Haven Staff recommends that the assessment remain the same as FY 96/97 plus a cpr of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $34 per Equivalent Dwelling Unit (EOU), which is less than the assessment of $41.58, utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance, The reserve under this recommendation will be 63 %. The General Fund will be reimbursed $1,963 for City staff services from the Open Space District Fund for FY 1997/98. CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmt/ Collectionl Assmt/ Assmt+ Assmtl Collection! Revenue EDU EDU EDU CPI EDU EDU IfSD No.3 $267.00 $232.00 $273.14 $284.61 $284.61 $256.00 $32,512 Rancho Robinhood Units 1 & 2 Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $256 per EOU, which is less than the assessment of $284.61, utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' saving and by adjusting the reserve balance. The reserve under this recommendation will be 60%. The General Fund will be reimbursed $5,720 for City staff services from the Open Space District Fund for FY 1997/98. ?~f Page 6, Item- Meeting Date 5/20/97 CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmtl Collectionl Assmtl Assmt + Assmll Collectionl Revenue EDU EDU EDU cpr EDU EDU 10SD No.4 $282.00 $277.00 $288.49 $300.61 $300.61 $289.00 $60,690 Bonita Ridge Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $289 per EDU, which is less than the assessment of $300.61 per EDU, utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' saving and by adjusting the reserve balance. The reserve under this recommendation will be 60%. The General Fund will be reimbursed $9,092 for City staff services from the Open Space District Fund for FY 1997/98. CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmtl Collectionl Assmtl Assmt+ Assmtl Collection! Revenue EDU EDU EDU CPI EDU EDU 17SD No.5 $275.00 $275.00 $281.33 $293.15 $293.15 $274.00 $33,428 Southbay Villas Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $274 per EDU, which is less than the assessment of $293.15 per EDU, utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 51 %. The General Fund will be reimbursed $5,494 for City staff services from the Open Space District Fund for FY 1997/98. CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmtl Collectionl Assmtl Assmt + Assmll Collectionl Revenue EDU EDU EDU CPI EDU EDU I~SD No.6 $136.00 $65.00 $139.13 $144.97 $144.97 $71.00 $11,502 Hilltop Vista Staff recommends that the assessment remain the same as FY 96I97 plus a CPI of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $71 per EDU, which is less than the assessment of $144.97 per EDU, utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 85 %. The General Fund will be reimbursed $2,583 for City staff services from the Open Space District Fund for FY 1997/98. ?-b Page 7, Item- Meeting Date 5/20/97 CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmtl Collectionl AssmtJ Assmt+ Assmtl Collectionl Revenue EDU EDU EDU CPI EDU EDU I OSD No.7 - Zenith $95.00 $90.00 $97.19 $101.27 $101.27 $90.00 $9,360 Units 2, 3, & 4 Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $90 per EDU, which is less than the assessment of $101.27 per EDU, utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65 %. The General Fund will be reimbursed $1,962 for City staff services from the Open Space District Fund for FY 1997/98. CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmtl Collectionl Assmtl Assmt + AssmtJ Collectionl Revenue EDU EDU EDU CPI EDU EDU IfSD No.8 $434.00 $441.00 $443.98 $462.63 $462.63 $442.00 $48,620 Rancho Robinhood Unit 3 Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $442 per EDU, which is less than the assessment of $462.63 per EDU, utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 52 %. The General Fund will be reimbursed $8,000 for City staff services from the Open Space District Fund for FY 1997/98. CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmtl Collectionl Assmtl Assmt + AssmtJ Collection! Revenue EDU EDU EDU CPI EDU EDU IfSD No.9 $123.00 $123.00 $125.83 $131.11 $131.11 $115.00 $44,160 El Rancho del Rey Units Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $115 per EDU, which is less than the assessment of $131.11 per EDU, utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' saving and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The General Fund will be reimbursed $7,819 for City staff services from the Open Space District Fund for FY 1997/98. 7/7 Page 8, Item- Meeting Date 5/20/97 CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmtl CoIlectionl Assmtl Assmt + Assmtl Collection! Revenue EDU EDU EDU CPI EDU EDU 10SD No. 11 $84.00 $85.00 $85.93 $89.54 $89.54 $85.00 $112,288 Hidden Vista Village Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $85 per EDU, which is less than the assessment of $89.54 per EDU, utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' saving and by adjusting the reserve balance. The reserve under this recommendation will be 54%. The General Fund will be reimbursed $18,710 for City staff services from the Open Space District Fund for FY 1997/98. CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmt/ Collectionl Assmtl Assmt + Assmtl Collectionl Revenue EDU EDU EDU CPI EDU EDU 10SD No. 14 $270.00 $273.00 $276.21 $287.81 $287.81 $271.00 $236,681 Bonita Long Canyon Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $271 per EDU, which is less than the assessment of $287.81 per EDU, utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' saving and by adjusting the reserve balance. The reserve under this recommendation will be 65 %. The General Fund will be reimbursed $36,998 for City staff services from the Open Space District Fund for FY 1997/98. Sweetwater Authority owns a residential lot for future construction of a water tank within OSD 14. The above mentioned assessment assumes Sweetwater Authority does pay (Sweetwater has withdrawn its request to be waived from the open space district). CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmtl Collectionl Assmtl Assmt+ Assmt/ CoIlection! Revenue EDU EDU EDU CPI EDU EDU IfSD No. 15 $240.00 $265.00 $265.00 $276.13 $276.13 $274.00 $15,618 Bonita Haciendas Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $274 per EDU, which is less than the assessment of $276.13 per EDU, utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' saving and by adjusting the reserve balance, The reserve under this recommendation will be 54 %. The General Fund will be reimbursed $2,832 for City staff services from the Open Space District Fund for FY 1997/98. 7-t" Page 9, Item- Meeting Date 5/20/97 CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmtl Collection! Assmtl Assmt + Assmtl Collection! Revenue EDU EDU EDU CPI EDU EDU I~SD No. 17 $l24.oo $1.00 $126.85 $132.18 $132.18 $1.00 $46 Bel Air Ridge Staff recommends that the assessment remain the same as FY 96/97 plus a Cpr of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends minimal collection and utilizing the fund balance for all maintenance. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. A special reserve was previously setup for stonn drain maintenance but now has been included in the contract for FY 97/98. The reserve under this recommendation will be 100%, the maximum allowed under the City Ordinance. Alternatively, refunds could be processed to lower the reserve below 100%. Staff recommends against this alternative as it is costly to process refunds. The General Fund will be reimbursed $2,282 for City staff services from the Open Space District Fund for FY 1997/98. In June of 1991, there were unanticipated savings experienced due to water allocation programs in response to the drought. Consequently, the FY 91/92 assessment ($154.58 per EDO) did not reflect the savings. However, a portion of these savings were reflected in FY 92/93 ($146.36 per EDO) and FY 93/94 ($124.74 per EOU) assessments. To-date, there are still excess funds in the reserve due to an accumulation of interest of approximately $800 each fiscal year over the past two years. Staff recommends collection amounts of at least a minimal amount ($1/EOO) to ensure that the Open Space District collectible is on the tax bill serving as additional disclosure to property owners. CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmtl Collectionl Assmtl Assmt + Assmtl Collection! Revenue EDU EDU EDU CPI EDU EDU I~SD No. l8 $293.00 $228.00 $299.74 $312.33 $312.33 $270.00 $104,639 Rancho del Sur Staff recommends that the assessment remain the same as FY 96/97 plus a cpr of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $270 per EOO, which is less than the assessment of $312.33 per EOO, utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The General Fund will be reimbursed $16,510 for City staff services from the Open Space District Fund for FY 1997/98. Due to delinquencies in the district, revenues are less than the expenditures causing a decline in the fund balance. Therefore, staff recommends increasing the collectible from the previous year. Once delinquent property owners pay their property taxes, the collectible may be reduced accordingly. 7-~ Page 10, Item- Meeting Date 5/20/97 CAP: Proposed Proposed OSD No. 20 FY 95196 FY 96/97 FY 96/97 FY 96/97 FY 96/97 FY 96/97 FY 96/97 Rancho del Rey AssrnntlEDU Collectionl Assrnntl Assmt + AssrnntlEDU Collection! Revenue EDU EDU CPI EDU(1) Zone 1 - Desilt 45.28 0.00 46.32 48.27 48.27 48.27 42,601 Basin Zone 2 - Rice 3.44 1.01 3.52 3.67 3.67 3.67 14,609 Canyon Zone 3 - H St. 4.90 4.55 5.01 5.22 5.22 5.22 32,282 Zone 4 - Business 18.25 11.00 18.67 19.45 19.45 19.45 51,447 Center Zone 5 - SPA I 275.15 278.26 281.48 293.30 293.30 293.30 526,474 Zone 6 - SPA II 211.41 209.12 216.27 225.35 225.35 225.35 129,177 Zone 7 - SPA III 130.50 10.55 133.50 139.11 139.11 139.11 162,898 Zone 8 - North 30.09 0.00 30.78 32.07 32.07 32.07 3,864 Desilting Basin Zone 9 - Telegraph 22.89 16.02 24.44 25.47 25.47 25.47 1,108 Canyon Channel (I) The collectible is a preliminary figure subject to decrease upon receipt of fma1 figures from Parks & Recreation and is subject to City Council approval. Rancho del Rey is a phased development of three Sectional Planning Areas (SPA). SPA 1 is almost completely developed, SPA II and SPA III homes are under construction. The OSD was established in 1989 encompassing all three areas with the understanding that the open space improvements would be constructed in phases. Because this is a large district and not all of the items to be maintained have a benefit to the entire district, OSD 20 is made up of several zones as indicated above. Every property within the district is in more than one zone. TABLE 3 Typical Combined Assessment (FY 97/98) SPA I (Zones 1 or 8, 2, 3, & 5) $318 SPA II (Zones 1 or 8, 2, 3, & 6) $283 SPA III (Zones 1 or 9, 3, & 7) $154 Business Center (Zones I, 2, 3, & 4) * * Industrial (per acre) $878 . Commercial (per acre) $1,106 Due to the various zones within OSD 20, a map showing the proposed typical assessments by area has been attached. Staff recommends that the assessments remain the same for each zone as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula Vista Municipal Code, In each of these zones, staff recommends a collectible which is equal to the proposed assessment. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. Pursuant to City Municipal Code, the reserve will be increased to 50% (minimum) over 5 years. The General Fund will be reimbursed $132,343 for City staff services from the Open Space District Fund for FY 1997/98. 7-/ tJ Page 11, Item- Meeting Date 5/20/97 CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmt/ Collectionl AssmL/ Assmt + AssmL/ Collection! Revenue EDU EDU EDU CPI EDU EDU 10SD No. 23 - Otay $335.00 $63.00 $342.71 $357.10 $357.10 $337.00 $18,821 Rio Business Park Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chu1a Vista Municipal Code. However, staff recommends a collectible of $337 per EDU, which is less than the assessment of $357.10 per EDU, utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings due to delayed turnover of improvements and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The General Fund will be reimbursed $2,255 for City staff services from the Open Space District Fund for FY 1997/98. Since a high number of delinquencies exist within this district, staff recommends setting the collectible at $337 to compensate for funds not received last fiscal year (FY 1996/97). However, should a high percentage of property owners pay their property taxes for FY 1996/97, the collectible for FY 1998/99 will be reduced accordingly. CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmtl Collectionl Assmtl Assmt + Assmtl Collectionl Revenue EDU EDU EDU CPI EDU EDU OSD No. 24 $502.00 $377.00 $513.55 $535.12 $535.12 $377.00 $15,080 Canyon View Homes Note: OSD 24 consists of only 40 townhomes sharing in the cost of large, landscaped slopes adjacent to the townhomes. Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $377 per EDU, which is less than the assessment of $535.12 per EDU, utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' saving and by adjusting the reserve balance. The reserve under this recommendation will be 61 %. The General Fund will be reimbursed $3,343 for City staff services from the Open Space District Fund for FY 1997/98. CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmtl Collectionl Assmtl Assmt + Assmtl Collectionl Revenue EDU EDU EDU CPI EDU EDU I~SD No. 26 $394.00 $302.00 $403.06 $419.99 $419.99 $296.00 $5,624 Park Bonita Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $296 per EDU, which is less than the assessment of $419.99 per EDU, utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this 7-// Page 12, Item- Meeting Date 5/20/97 recommendation will be 65%. The General Fund will be reimbursed $1,461 for City staff services from the Open Space District Fund for FY 1997/98. CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmtl Collectionl Assmt! Assmt+ Assmtl Collectionl Revenue EDU EDU EDU cpr EDU EDU ;SD No. 31 $407.00 $262.00 $416.36 $433.85 $433.85 $1.00 $345 Telegraph Canyon Estates Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends minimal collection and utilizing the fund balance for all maintenance. Funds are available to do this because of prior years' saving and by adjusting the reserve balance. The reserve under this recommendation will be 100%, the maximum allowed under the City Ordinance. Alternatively, refunds could be processed to lower the reserve below 100%. Staff recommends against this alternative as it is costly to process refunds. The General Fund will be reimbursed $1,082 for City staff services from the Open Space District Fund for FY 1997/98. Staff recommends collection amounts of at least a minimal amount ($l/EDU) to ensure that the Open Space District collectible is on the tax bill serving as additional disclosure to property owners. CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmtl Collectionl Assmtl Assmt + Assmt! Collectionl Revenue EDU EDU EDU CPI EDU EDU OSD No. 33 NIA $686.00 $l,029.00 $1,072.22 $1,072.22 $765.00 $27,540 Broadway Business Home Village No funds collected in FY 96/97. Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $765 per EDU, which is less than the assessment of $1,072.22 per EDU. The reserve under this recommendation will be 10%, and will increase to 50% over five years pursuant to Municipal Code. The General Fund will be reimbursed $1,980 for City staff services from the Open Space District Fund for FY 1997/98. Although, a collectible was set for FY 96/97, Community Development requested that no funds be collected because no construction has been done on this project. However, staff does recommend collecting revenue for FY 97/98 because funds will be needed to do required open space maintenance if construction is completed this fiscal year. 7-/2 Page 13, Item- Meeting Date 5/20/97 CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmll Collectionl Assmt/ Assmt + Assmtl Collectionl Revenue EDU EDU EDU CPI EDU EDU Bay Boulevard Open $1,291.00 $1,311.00 $1,320.69 $1,376.16 $1,376.16 $1,145.00 $11,450 Space Maintenance District Note: Costs of this district are shared between four commercial properties. Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $1,145 per EDU, which is less than the assessment of $1,376.16 per EDU, utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' saving and by adjusting the reserve balance. The reserve under this recommendation will be 65 %. The General Fund will be reimbursed $8,129 for City staff services from the Open Space District Fund for FY 1997/98. CAP: Proposed Proposed FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98 Assmtl Collectionl Assmtl Assmt + Assmtl Collectionl Revenue EDU EDU EDU CPI EDU EDU Town Center Open $45.00 $12.00 $46.04 $47.97 $47.97 $8.00 $8,000 Space Maintenance District Note: Methodology spread based on 1/2 of the valuation and 1/2 the front footage. Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $8 per EDU, which is less than the assessment of $47.97 per EDU, utilizing the fund balance to make up the difference. Funds are available to do this because of prior years savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The General Fund will be reimbursed $20,977 for City staff services from the Open Space District Fund for FY 1997/98. Notice The public hearings will be noticed pursuant to Government Code 6063 which requires that notice be published at least once a week for three weeks and at least 10 days before the second public hearing. Staff will mail notice of the hearings to all open space districts. The notice will inform the resident of his/her district, the current year assessment, the cpr adjustment and the proposed assessment for FY 97/98. The Parks and Recreation Department has conducted information meetings for all property owners within each district in April. At the meeting, staff explained the proposed budget to interested owners (approximately 10,000 properties will receive notice). Plans, specifications, and assessment roll are on file in the Public WorkslEngineering office. }-/3 Page 14, Item- Meeting Date 5/20/97 FISCAL IMPACT: Staff costs associated with the open space program are generated by Parks and Recreation, Public Works, and Data Processing. Contractual costs ($926,262) are outlined in Attachment A. These costs are recovered through the Open Space District collectible, causing no net fiscal impact. The total General Fund reimbursement for City staff services from the above listed Open Space District Funds for FY 1997/98 is estimated to be $303,500. Attachments: A Cost Summary B District Maps C OSD 20 Assessment Map ~~ ~r§ M,IHOMElENOINEER IAGENOA \OSROI. BOB 05114197 .'22om ///1 RESOLUTION NO, /fš~~ ? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORTS FOR THE FY 1997-98 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICTS 1-9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, BAY BOULEVARD AND TOWN CENTRE, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 17, 1997 AT 6:00 P.M. AND JULY 15, 1997 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS WHEREAS, pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula vista Municipal Code Chapter 17,07, the city Engineer prepared and filed the annual reports for all existing Open Space Maintenance Districts in the City; and WHEREAS, these reports were prepared by the City Engineer or under his direction and are presented to Council for approval in order to proceed with public hearings set for June 17 and July 15, 1997, in accordance with the Landscaping and Lighting Act of 1972". The reports cover the following districts: 1. Open Space District Nos. 1-9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31 and 33. Bay Boulevard and Town Centre Landscaping Districts 2. WHEREAS, the Parks and Recreation Department conducted an informal meeting for all property owners within each district at which time staff explained the proposed budget; and, WHEREAS, the proposed assessments for Fiscal Year 1997-98 are as follows: 7--/Š TABLE 2 PRIOR FY'S VS. FY 97/98 ASSESSMENT/COLLECTIBLE OSD FY 97/98 Proposed Proposed FY 95196 FY 96/97 FY 96/97 CAP: FY 97/98 FY 97/98 FY97/98 Assmntl Collectionl Assmntl FY 96/97 Assmntl Collectionl Revenue EDU EDU EDU Assmt + EDU EDU CPI"I 1 $81.00 $86.00 $86.00 $89.61 $89.61 $86.00 $56,914 2 39.00 34.00 39.90 41.58 41.58 34.00 8,466 3 267.00 232.00 273.14 284.61 284.61 256.00 32,512 4 282.00 277.00 288,49 300.61 300.61 289.00 60,690 5 275.00 275.00 281.33 293.15 293.15 274.00 33,428 6 136.00 65.00 139.13 144.97 144.97 71.00 II ,502 7 95.00 90.00 97.19 101.27 101.27 90.00 9,360 8 434.00 441.00 443.98 462.63 462.63 442.00 48,620 9 123.00 123.00 125.83 131.11 131.11 115.00 44,160 II 84.00 85.00 85.93 89.54 89.54 85.00 112,288 14(1) 270.00 273.00 276.21 287.81 287.81 271.00 236,681 15 240.00 265.00 265.00 276.13 276.13 274.00 15,618 17 124.00 1.00 126.85 132.18 132.18 1.00 46 18 293.00 228.00 299.74 312.33 312.33 270.00 104,639 20(2) 298.00'3) 964,460 Zone 1 DB 45.28 0.00 46.32 48.27 48.27 48.27 (5) Zone 2 RC 3.44 1.01 3.52 3.67 3.67 3.67 '" Zone3H 4.90 4.55 5.01 5.22 5.22 5.22 (5) Zone 4 BC l8.25 l1.00 18.67 19.45 19.45 19.45 '" Zone 5 I 275.15 278.26 281.48 293.30 293.30 293.30 '" Zone 6 II 211.41 209.12 2l6.27 225.35 225.35 225.35 ," Zone 7 III 130.50 10.55 133.50 139.11 139.11 139.11 ," Zone 8 NDB 30.09 0.00 30.78 32.07 32.07 32.07 III Zone 9 TCC 22.89 16.02 24.44 25.47 25.47 25.47 ,II 23 335.00 63.00 342.71 357.10 357.10 337.00 18,821 24 502.00 377.00 513.55 535.12 535.12 377.00 15,080 26 394.00 302.00 403.06 419.99 419.99 296.00 5,624 31 407.00 262.00 416.36 433.85 433.85 1.00 345 33 NA 686.00 1029.00 1072. 22 1072.22 765.00 27,540 Bay Blvd. 1291.00 l311.00 1320.69 1376.16 1376.16 1145.00 II ,450 Town Centre 45.00 12.00 46.04 47.97 47.97 8.00 8,000 (1) Includes Sweetwater Authority (withdrew request for waiver). (2) Collectible to be adjusted upon analysis of data by Parks & Recreation. (3) Represented average residential assessment in SPA 1. (4) FY 97/98 assessment may be set at or helow this cap without being subject to a majority protest. (5) Revenue for all zones included in overall District 20 amount. 2 7-Jþ NOW, THEREFORE, BE IT RESOLVED that the City council of the City of Chula vista does hereby approve the Engineer's reports for the FY 1997- 98 spread of assessments for City Open Space Maintenance Districts 1-9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, Bay Boulevard and Town Centre, a copy of which is on file in the office of the city Clerk, and declare its intention to levy and collect assessments. BE IT FURTHER RESOLVED that the city Council does hereby set June 17, 1997 at 6:00 p.m. and July 15, 1997 at 6:00 p.m, in the Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the dates and times for the public hearings on said assessments. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish said assessments pursuant to Government Code section 6063. Presented by Approved as to form by John P. Lippitt, Director of Public Works C:\rs\OSEngRpt.all 3 7-/7 COUNCIL AGENDA STATEMENT REVIEWED BY: Item1 Meeting Date 5/20/97 Resolution / Õ ~ ? ð"" Approving the Engineer's repon for the FY 1997-98 spread of assessments for City Open Space District No. 10, declaring the intention to levy and collect assessments and setting June 17, 1997 at 6:00 p.m. and July 15, 1997 at 6:00 p.m. as the dates and times for the public hearings. Director of Public Works..k ¥ Director of Parks and Rerreation City ManagerfG~ ,< Based upon the advice of the City Attorney, agenda items 8" and 9 have been separated due to conflict of interest concerns. Two Council members own property subject to the proposed assessment in this district. Council should note that agenda statement 7 gives all background information and details on open space districts in general which is applicable to this item, but does not include specific information on Open Space District 10. (4/5ths Vote: Yes_NoX) ITEM TITLE: SUBMITTED BY: RECOMMENDATION: That Council adopt the resolution approving the Report, direct the City Clerk to publish the Resolution of Intention pursuant to Government Code 6063, set the dates of the public hearings on the assessments for June 17, 1996 at 6:00 p.m. and July 15, 1996 at 6:00 p.m. DISCUSSION: This agenda item is the yearly resolution to assess for open space maintenance within Open Space District Number 10 located along East J Street, west of Paseo Ranchero (see Attachment A). Table 1 relates the present year's assessment to the proposed assessment for Fiscal Year 1997/98. Agenda item 7 of tonight's agenda contains all the general information regarding open space districts. TABLE 1 PRIOR FY'S VS. FY 97/98 ASSESSMENT/COLLECTIBLE FY 97/98 Proposed Proposed FY95196 FY 96/97 FY 96/97 CAP: FY97/98 FY97/98 FY97/98 Assmtl Collectionl AssmtJ FY 96/97 Assmtl Collectionl Revenue EDU EDU EDU Assmt + EDU EDU CPI(I) Open Space District No. 10 El Rancho del Rey 6 & $83.00 $84.00 $84.91 $88.48 $88.48 $84.00 $52,951 Casa del Rey (I) FY 97/98 assessment may be set at or below this cap without being subject to a majority protest. Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $84 per Equivalent Dwelling Unit, which is less than the assessment of $88.48, utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 63%. ~// Page 2, Item- Meeting Date 5/20/97 FISCAL IMPACT: Staff costs associated with the open space program are generated by Parks and Recreation, Public Works, and Data Processing. Contractual costs ($31,613) are outlined in Attachment B. These costs are recovered through the Open Space District collectible, causing no net fiscal impact. The General Fund will be reimbursed $8,285 from the OSD fund for FY 1997-98. Attachments: A District Map #~~ B Estimate of Cost (Ç.~C ~O H, \HOME\BNGINEBRIAGBNDA \GSDlO.BOB 1) .-- -Z RESOLUTION NO. / 8 h~7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FY 1997-98 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICT 10, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 17, 1997 AT 6;00 P.M. AND JULY 15, 1997 AT 6: 00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS WHEREAS, pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula vista Municipal Code Chapter 17.07, the City Engineer has prepared and filed the annual reports for all existing Open Space Maintenance Districts in the city; and WHEREAS, these reports were prepared by the City Engineer or under his direction and are presented to Council for approval in order to proceed with the public hearings set for June 17 and July 15, 1997, in accordance with the Landscaping and Lighting Act of 1972. The report covers Open Space District No. 10; and WHEREAS, the Parks and Recreation Department conducted an information meeting for all property owners within this district at which time staff explained the proposed budget; and WHEREAS, the proposed assessment for Fiscal Year 1997-98 is as follows: TABLE I PRIOR FY'S VS. FY 97/98 ASSESSMENT/COLLECTIBLE FY 97/98 Proposed Proposed FY95/96 FY 96/97 FY 96/97 CAP: FY97/98 FY97/98 FY97/98 Assmtl Collection/ Assmtl FY 96/97 Assmtl Collection/ Revenue EDU EDU EDU Assmt + EDU EDU CPI'" Open Space District No. 10 El Rancho del Rey 6 & $83.00 $84.00 $84.91 $88.48 $88.48 $84.00 $52,951 Casa del Rey (1) FY 97/98 assessment may be set at or below this cap without being subject to a majority protest. J 8-=-3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Engineer's report to declare its intention to levy and collect assessments for the FY 1997-98 for the spread of assessments for City Open Space Maintenance District 10, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council does hereby set June 17, 1997 at 6:00 p.m. and July 15, 1997 at 6:00 p.m. in the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the dates and times for the public hearings on said assessment. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish said assessment pursuant to Government Code section 6063. Presented by Approved as to form by John P. Lippitt, Director of Public Works c: Ir810810.eng. rep g"1 COUNCIL AGENDA STATEMENT SUBMITIED BY: Item~ Meeting Date 5/20/97 Resolution /8"k.?~pproving the Engineer's report for the FY 1997-98 spread of assessments for Eastiake Maintenance District No.1, declaring the intention to levy and collect assessments and setting June 17, 1997 at 6:00 p.m. and July 15, 1997 at 6:00 p.m. as the dates and times for the public hearings. Director of Public Works ;,.J Director of Parks and Recreation ITEM TITLE: City Mana~1':i'Io f,r Based upon the advice of the City Attorney, agenda items 8'"' and c¡ have been separated due to conflict of interest concerns. One Council member owns pr°.!2..erty subject to the proposed assessment in this district. Council should note that agenda statement 7 gives all background information and details on open space districts in general which is applicable to this item, but does not include specific information on Eastlake Maintenance District No, 1 (ELMDl). REVIEWED BY: (4/5ths Vote: Yes_No...K.) RECOMMENDATION: That Council adopt the resolution approving the Report, direct the City Clerk to publish the Resolution of Intention pursuant to Government Code 6063, set the dates of the public hearings on the assessments for June 17, 1997 at 6:00 p.m. and July 15, 1997 at 6:00 p.m. DISCUSSION: This agenda item is the yearly resolution to assess for open space maintenance within Eastlake Maintenance District Number 1, a City open space district, located along East H Street and ütay Lakes Road, adjacent to "SR 125" (Attachment A). Table 1 relates the present year's assessment to the proposed assessment for the Fiscal Year 1997/98. Agenda item 7 of tonight's agenda contains all the general information regarding open space districts. TABLE 1 PRIOR FY'S VS. FY 97/98 ASSESSMENT/COLLECTIBLE OSD FY 97/98 Proposed Proposed FY95196 FY 96/97 FY 96/97 CAP: FY 97/98 FY 97/98 FY 97/98 Assmtl Collectionl Assmtl FY 96/97 Assmtl Collectionl Revenue EDU EDU EDU Assmt + EDU EDU CPIß) ELMD #1(1) $302,675 Eastlake I $9.32 $8.10 $9.53 $9.93 $9.93 $9.93 Eastlake Greens 15.24 10.65 15.59 16.25 16.25 16.25 OTC 126.20 0.00 129.10 134.52 134.52 0.00 Salt Creek I 168.32 167.74 172.19 179.42 179.42 179.42 TC Channel(2) 24.00 15.95 24.55 25.58 25.58 25.58 9-/ Page 2, Item- Meeting Date 5/20/97 (I) All areas share in the cost of Otay Lakes Road medians and off-site parkways. Q) Portions of Eastlake I BC and Eastlake Greens are in benefit area. (3) FY 97/98 assessment may be set at or below this cap without being subject to majority protest. Due to the various zones within ELMD 1, a map showing the proposed typical assessments by area has been attached. Staff recommends that the assessments for each of the areas remain the same as FY 96/97 plus a CPI of 4.2% as set forth in the Chula Vista Municipal Code. In each of these cases, staff recommends an annual collectible, as shown in Table 1, which is equal to the proposed assessment. Olymvic Training Center On December 17, 1996, City Council, by Resolution 18528, approved an agreement to allow the ArCIJ Training Center to continue maintenance of the Wueste Road landscape improvements. It is now anticipated that the turnover of improvements will occur in FY 1999/2000. InCIJrporated in the agreement are safeguards to ensure the maintenance is performed to City standards and there are indemnity provisions for both parties for the use of the paths along Wueste Road. Staff recommends setting the collectible at $0 per EDU, since turnover of the improvements has not occurred. However, in anticipation of future maintenance ClJsts when turnover occurs, staff reClJmmends that the assessment remain the same as FY 96/97 plus a CPI of 4.2% as set forth in the Chula Vista Municipal Code. FISCAL IMPACT: Staff costs associated with the open space program are generated by Parks and Recreation, Public Works, and Data Processing. Contractual ClJsts ($103,242) are outlined in Attachment B. These ClJsts are recovered through the Open Space District collectible, causing no net fiscal impact. The General Fund will be reimbursed $40,307 for City staff services from the OSD fund for FY 1997-98. Attachments: é.t'~ ~~ ~O A District Map B Estimate of Cost C ELMD 1 Assessment Map F, IH 0 MElEN Gl N EER \A 0 EN OA I OS ELMD ,. BO B 9-,2/7- 7 RESOLUTION NO. /R'~¿9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FY 1997-98 SPREAD OF ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT 1, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 17, 1997 AT 6:00 P.M. AND JULY 15, 1997 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS WHEREAS, pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula vista Municipal Code Chapter 17.07, the City Engineer has prepared and filed the annual reports for all existing Open Space Maintenance Districts in the city; and WHEREAS, these reports were prepared by the City Engineer or under his direction and are presented to Council for approval in order to proceed with the public hearings set for June 17 and July 16, 1997, in accordance with the Landscaping and Lighting Act of 1972. The report covers Eastlake Maintenance District 1; and WHEREAS, Parks and Recreation Department conducted an information meeting for all property owners within this district at which time staff explained the proposed budget; and WHEREAS, the proposed assessment for Fiscal Year 1997-98 is as follows: TABLE 1 PRIOR FY'S VS. FY 97/98 ASSESSMENT/COLLECTIBLE OSD FY 97/98 Proposed Proposed FY95196 FY 96/97 FY 96/97 CAP: FY 97/98 FY 97/98 FY 97/98 Assmtl Collectionl Assmtl FY 96/97 Assmtl Collectionl Revenue EDU EDU EDU Assmt + EDU EDU CPI(3) ELMD #1(J) $302,675 Eastlake 1 $9.32 $8.10 $9.53 $9.93 $9.93 $9.93 Eastlake Greens l5.24 10.65 15.59 16.25 16.25 16.25 OTC 126.20 0.00 129.10 134.52 134.52 134.52 Salt Creek I 168.32 167.74 172.19 179.42 179.42 l79.42 TC Channel'2) 24.00 15.95 24.55 25.58 25.58 25.58 9-~ (I) All areas share in the cost of Otay Lakes Road medians and off-site parkways. (2) Portions of Eastlake I BC and Eastlake Greens are in benefit area. (3) FY 97/98 assessment may be set at or below this cap without being subject to majority protest. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby approve the Engineer's report to declare its intention to levy and collect assessments for the FY 1997-98 for the spread of assessments for Eastlake Maintenance District 1, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council does hereby set June 17, 1997 at 6:00 p.m. and July 15, 1997 at 6:00 p.m. in the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the dates and times for the public hearings on said assessment. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish said assessment pursuant to Government Code Section 6063. Presented by Approved as to form by John P. Lippitt, Director of Public Works C:\rs\OS10eng.rep ~/;t COUNCIL AGENDA STATEMENT Item / ¿J Meeting Date 5/20/97 Resolution /'6" ~ 7~proVing the Second Amendment to the agreement between the City of Chula Vista and Rick Engineering Company for preliminary engineering design services for three interchanges with Interstate 805 at Telegraph Canyon Road, Orange A venue and Palomar Street waiving the selection process, and authorizing the Mayor to execute said agreement on behalf of the City and appropriating $150,000 of Transportation Development Impact Fees to project STM-327 II-80S Interchange. SUBMITTED BY: Director of Public Work~ ~ REVIEWED BY: City Manager-...-'i., \"'f\~ 4/5th Vote: (Yes No X) In January of 1996, Council approved an agrUne;;;;th Rick Engineering to prepare Preliminary Studies for interchanges at 1-805 and Telegraph Canyon Road, Orange Avenue and Palomar Street. Such studies are required by Caltrans prior to construction of major projects within Caltrans Right of Way. Rick Engineering, along with Smith & Kempton and City staff, has been working towards obtaining the necessary Caltrans approvals during the last year. Significant progress has been made towards obtaining Caltrans' approvals. Caltrans has identified additional modifications to the Telegraph Canyon Road interchange, based on a recently updated traffic forecast report, which require additional work related to the preparation of [mal design plans. The second amendment addresses the compensation adjustment required for this additional work. ITEM TITLE: RECOMMENDATION: That Council approve the Second Amendment of the agreement with Rick Engineering for Preliminary Engineering Design Studies for interchanges with I-80S at Telegraph Canyon Road, Orange Avenue and Palomar Street, waive the consultant selection process, and authorize the Major to execute said agreement on behalf of the City and appropriate $150,000 from TDIF Funds for this amendment. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: On January 23, 1996, Council, by Resolution 18193, approved an agreement with Rick Engineering Company to perform Preliminary Engineering Design Studies /¿1;-/ for interchanges with 1-805 at Telegraph Canyon Road, Orange Avenue and Palomar Street. The proposed second amendment to the contract includes two changes. The changes are an adjustment of the detailed scope of work and the compensation. COMPENSATION ADJUSTMENT The contract approved for Telegraph Canyon Road Phase II and Phase III was to provide geotechnical reports, environmental technical studies, and Plans Specifications and Estimates (PS&E) for the following improvements. 2. 1. Realignment of the southbound loop off-ramp to a new eastbound lane on Telegraph Canyon Road from the southboUnd ramps to the northbound ramps and an associated new retaining wall under 1-805. Median modifications at Halecrest Street. 3. Traffic signal modification/relocation and interconnect at two locations. Caltrans has identified additional modifications to the Teltpgraph Canyon Road interchange, based on a recently updated traffic forecast report. These additional improvements have resulted in an increase in the original construction cost estimate of $1.2 million to a revised estimate of approximately $1.8 million. City staff has indicat~d to Caltrans that these additional improvements are not included in the Transportation De¡velopment Impact fee (TDIF) program and therefore may have to be constructed at a later time when additional funds are obtained. Caltrans has requested that the City prepare final design Plans (plans Specifications and Estimates) at this time so that the exact scope and cost of the additional improvements can be derIDed. The additional improvements, as shown in preliminary g~ometric drawings prepared by Rick Engineering Company dated March 17, 1997, are described as follows. 1. Realignment of the southbound off-ramp, to add a Number 4 mainline off-ramp option, as well as the secondary southbound off-ramp to westbound Telegraph Canyon Road. 2. Widen the existing loop ramp to two lanes and realign the loop ramp to square it up to Telegraph Canyon Road. 3. Widen the northbound off-ramp to three lanes. 4. Conduct noise studies for the southbound off-ramp realignments. The second amendment includes both an adjustment to the detailed scope of work and the compensation to address the preparation of final design plans for the above improvements. Table 1 indicates the changes showing the current contract amount for each phase and the amount for each phase as proposed. )¿J -.;2. Page3,ftem ------- Meeting Date 5/20/97 TABLE 1 Contract Phase Description Approved Fee Amended Fee 1 Geometries and Cost Estimate for $20,150 $20,150 Telegraph Canyon Road 2 Encroachment Permit for Telegraph $74,080 $80,853 Canyon Road 3 Plans Specifications and Estimates $157,630 $291,127 (PS&E) for Telegraph Canyon Road 4 Access Approval Report (AAR) for $50,400 $50,400 East Palomar 5 Project Study Report (PSR) for East $78,960 $78,960 Palomar Street 6 Project Study Report/Project Report $104,720 $104,720 (PSRlPR) for East Orange Avenue 7 Expenses $17,180 $22,180 Total Cost $503,120 $648,390 WAIVER OF CONSULTANT SELECTION PROCESS Because Rick Engineering has already performed a substantial amount of work designing the interchange, going through a new consultant selection process would be impractical and potentially detrimental to the process of obtaining a set of coordinated plans for the work. Staff, therefore, also recommends that the City Council waive the cohSultant selection process set forth in Municipal Code Section 2.76.230 in connection with the design work for this portion of the project. FISCAL IMPACT: $550,000 has been appropriated for this project as STM 327 in account number 621-6210. Of that amount, $503,120 was allotted for Rick Engineering and the remainder to cover staff time. An additional $150,000 needs to be appropriated for the compensation /cJ- .3 Page 4, Item - Meeting Date 5/20/97 adjustment for Amendment Two from the unappropriated balance of the Transportation Development Impact Fee Fund (Fund #621) to CIP I1roject No. 621-621O-STM-327 (1-805 Interchanges - Rick). All costs associated with this project are from the Transportation Development Impact fee (TDIF) program. File 730-IO-STM327 M:\HOME\ENGINEER\AGENDA \RICKA520.W AU May l4, 1997 (9:58am) Jô-r RESOLUTION NO.--- RESOLUTION OF THE CITY COUNC!L OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY FOR PRELIMINARY ENGINEERING DESIGN SERVICES FOR THREE INTERCHANGES WITH INTERSTATE 805 AT TELEGRAPH CANYON ROAD, ORANGE AVENUE AND PALOMAR STREET, WAIVING THE SELECTION PROCESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY AND APPROPRIATING $150,000 OF TRANSPORTATION DEVELOPMENT IMPACT FEES TO PROJECT STM-327/I-805 INTERCHANGE WHEREAS, in January of 1996, Council approved an agreement with Rick Engineering to prepare Preliminary Studies for interchanges at 1-805 and Telegraph Canyon Road, Orange Avenue and Palomar Street because such studies are required by Caltrans prior to construction of major projects within Caltrans Right of Way; and WHEREAS, Rick Engineering, along with smith & Kempton and City staff, has been working towards obtaining the necessary Caltrans approvals during the last year and significant progress has been made towards obtaining Caltrans' approvals; and WHEREAS, Caltrans has identified additional modifications to the Telegraph Canyon Road interchange, based on a recently updated traffic forecast report, which require additional work related to the preparation of final design plans; and WHEREAS, the Second Amendment addresses the compensation adjustment required for this additional work. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista hereby waives the consultant selection process of Municipal Code section 2.56.070 because of the substantial design work already performed by Rick Engineering on the project which makes the selection impractical and potentially detrimental to the project in light of the need for coordinated design drawings, BE IT FURTHER RESOLVED that the City Council of the City of Chula vista does hereby approve the Second Amendment to the agreement between the City of Chula Vista and Rick Engineering Company for preliminary engineering design services for three interchanges with Interstate 805 at Telegraph Canyon Road, Orange Avenue and Palomar street, a copy of which is on file in the office of the City Clerk as Document No. 1 )ð~S" BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said agreement on behalf of the city. BE IT FURTHER RESOLVED that the sum of $150,000 is hereby appropriated from Transportation Development Impact Fees to Project STM-327/1-805 Interchange. Presented by Approved as to form by John P. Lippitt, Director of Public Works C:\rs\rick.2nd ;;> )()..-/; SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND RICK ENdINEERING COMPANY FOR PRELIMINARY ENGINEERING DESIGN SERVICES FOR THREE INTERCHANGES WITH I-80S AT TELEGRAPH CANYON ROAD, ORANGE AVENUE AND PALOMAR STREET THIS SECOND AMENDMENT TO TIIE AGREEMENT FOR PRELIMINARY DESIGN SERVICES APPROVED BY RESOLUTION 18193 (AMENDMENT) is entered into as of May 20,1997, by and between the City of Chula (CITY) a municipal chartered corpDration of the State Df California, and Rick Engineering Company (CONSULTANT), whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6. RECITALS: WHEREAS, the City of Chula Vista has approved an agreement with Rick Engineering Company dated January 23,1996 and approved by ResolutiDn 18193 (Agreement); and WHEREAS, that agreement requires the CONSULTANT to complete the work under the contract by January 23,1997; and WHEREAS, CITY has received a request by CalTrans to prepare design plans for additiDnal improvements to the Telegraph Canyon Road interchange that were not included in the Agreement; and WHEREAS, it would be more cost-effective to complete fmal design plans for those additional improvements and obtain Caltrans approval at this time; and WHEREAS, CONSULTANT is therefore required to do additional work nDt anticipated in the Agreement; and WHEREAS, CITY requires the completion Df the contract in order to complete needed improvements to the interchanges at Telegraph Canyon Road ,Orange Avenue and PalDmar Street to provide necessary infrastructure to meet future threshold standards; and WHEREAS, both CITY and CONSULTANT desire tD amend the Agreement approved by Resolution 18193 to revise the scope of wDrk to include additional items required by CalTrans. Rick Engineering 5/9/97 jéJ-) Exhibit A Page I NOW, TIffiREFORE, Exhibit A of the Agreement is hereby amended to read as follows: A. Amend 8A, Detailed Scope of Work as follows: Telegraph Canyon Road Phase 3 (plans Specifications and Estimates fDr Telegraph Canyon Road) Prepare PS&E documents for roadway, drainage, utility, traffic, and landscape for the expanded project tasks beyond the original scope of work for Telegraph Canyon Phases 1 through 3. Consultant shall prepare the necessary plans and documents to include the following: A. Prepare PS&E to be submitted for review at 30%,75%,90% and 100% levels of completion for the following project features as required by Caltrans and ShDwn on the approved geometric conc~t drawings and traffic analysis: 1. Realignment of the southbound off-ramp to add a Number 4 main lane off-ramp DptiDn. 2. Realignment of the secondary sDuthbDund off-ramp to westbound Telegraph CanYDn Road. 3. Widen the existing loop ramp to two lanes and realign the lDOp ramp to square it up with Telegraph CanYDn RDad. This work also includes the modification of an existing tI!affic signal. 4. Widen the nDrthbound Dff-ramp to three lanes. Plans for these items include the necessary laYDut, profile, grading, drainage, stage construction, signing, striping, landscape and irrigation. Also included are the necessary added design surveys, drainage study analysis, specifications and engineer's CDst estimates. B. Added geotechnical borings will be done to CDver the addition of ramp grading described above. These bDringswill be evaluated and incDrporated into the overall project Geotechnical Design Report(GDR). C. Added envirDnmental analysis will be provided to include the additional ramp work in the overall project environmental technical studies. These include the fDllowing: Rick Engineering 5/9/97 /tY '6 Exhibit A Page 2 1. Noise-Conduct noise measurements, mDdeling and analysis for areas added to the project limits as described above. 2. Air Quality-Update portions of the air quality model data base to reflect areas not included in the original alternatives. 3. Visual-Assess visual impacts Df the revised project limits and incorporate the analysis into the overall project visual technical report. B. Amend lIB Fixed Fee Arrangement as follows. 1. Revise the Table as follows: Phase No. Phase Fee fDr Said Phase 2 Encroachment Permit fDr Telegraph CanYDn Road $ 80,853.00 3 Plans SpecficatiDns and Estimates (PS&E) for $302,900.00 Telegraph Canyon Road 7 Expenses $ 22,180.00 Total Cost $648,390.00* *Including cost for all phases F. Except as mDdified herein, all other provisions of the Agreement approved by Resolution 18193 on January 23,1996, shall remain in full fDrce and effect. End of Amendment Signature Page FDllows Rick Engineering 5/9/97 J()- ? Exhibit A Page 3 Signature Page for the Second Amendment to Agreement between City of Chula Vista and Rick Engineering Company for Preliminary Engineering Design Services For Three Interchanges With I-80S At Telegraph Canyon Road, Orange A venue And Palomar Street IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Second Amendment thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,1997 City of Chula Vista By: Shirley HDrton, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: ~ Dated: çf;'-J Rick Engineering CDmpany By: ¿ £~ Kai Ramer, Associate H:\HOMElENGINEER \AGENDA \AGRMRlK2. W A U Rick Engineering 5/9/97 j¿P-/tJ Exhibit A Page 4 ~ ~@ 5620 Friars Road RICK ENGINEERING COMPANY San Diego Calil"m'a 92110~259ó (619) 291~O707 FAX: (619) 291~4165 April 7, 1997 Revised May 2,1997 Mr. Cliff Swanson City of Chula Vista Engineering Department 276 Fourth Avenue Chula Vista, California 91910 SUBJECT: I-80S/TELEGRAPH CANYON ROAD (JOB NUMBER 12755) Dear Cliff: It is our understanding that, based upon your meeting on March 14, 1997 with Rick Hopkins at Caltrans, it was agreed that the City would produce PS&E for the entire project needs as has been determined by the traffic impacts and Caltrans reviews. The purpose of this letter is to submit a sununary of scope and fee changes to provide additional engineering and environmental services at the I-805rrelegraph Canyon Road interchange for this revised scope. The current contract scope of work for Telegraph Canyon Road Phase II and Phase III was to provide geotechnical reports, environmental technical studies and plans, specifications, and estimates for: 1. An additional eastbound lane on Telegraph Canyon Road from the southbound on-ramp to the northbound off-ramp. 2. A realignment of the southbound loop off-ramp to the new eastbound lane on Telegraph Canyon Road. 3. The design of a retaining wall along Telegraph Canyon Road under the I-80S freeway. 4. Median modifications at Halecrest Street. 5. Traffic signal modification/relocations and interconnect at up to three locations. 6. Design exception report for the II-foot left turn lanes from eastbound Telegraph Canyon Road to northbound I-80S. I¡J-J/ Mr. Cliff Swanson April 7, 1997 Revised May 2,1997 Page 2 of6 The contract scope of work for this project has expanded significantly under the current scenario as Caltrans has identified the need for additional modifications to the interchange to meet the capacity needs of the traffic forecast report. The specific scope additions, as shown on our March 17, 1997 preliminary geometric drawings, include: I. Realignment of the southbound off-ramp to add a Number 4 mainlane off-ramp option. 2. Realignment of the secondary southbound off-ramp to westbound Telegraph Canyon Road. 3. Widen the existing loop ramp to two lanes and realign the loop ramp to square it up to Telegraph Canyon Road. 4. Widen the northbound off-ramp to three lanes. 5. Expanded environmental limits. These additions, while approximately doubling the construction costs within Caltrans right-of-way, more than double the size of the construction documents (PS&E). This is primarily due to detailed design and traffic plans for the various ramps involved. The following table illustrates a comparison of the level of effort involved in relation to the number of plan sheets that are needed to be prepared: Number of Plan Sheets Description Original Scope New Scope *Difference l. Title I I 0 2. Cross Section I 2 I 3. Layout I 4 3 4. Profile & Superelevation 1 4 3 5. Drainage & Grading 1 3 2 6. Drainage Profiles/Details 2 4 2 7. Drainage Quantity Sheet 1 1 0 8. Construction Details 3 5 2 JtJ.... /.2 Mr. Cliff Swanson April 7,1997 Revised May 2.1997 Page 3 of6 9. Utility Plans I 3 2 10. Retaining Wall Plans 2 2 0 11. Stage Construction 3 13 10 12. Signing & Delineation 3 11 8 13. Landscape & Irrigation 4 6 2 14. Signal Plans 3 4 1 Total Sheets 27 63 36 The current contract fee for Telegraph Canyon Road PS~E is $157,630. This fee would need to increase by $133,497 under the above scope scenario. Additionally, the environmental fee would increase by $6,773. For comparison purposes, the original fee resulted in an average cost per sheet of $5,838 ($157,630/27 sheets). The new total PS&E cost results in an average cost per sheet of $4,621 ($291.127/63 sheets). This lesser cost per sheet average reflects some economy of scale, as the project size has roughly doubled. The following is the summary of the net affect to the existing contract: Net Contract Increase Rick Engineering Company Urban Systems Ninyo & Moore Helix Environmental KTU&A Expenses (printing, etc.) Total Net Increase $ 87,959.00 33,000.00 7,860.00 5,808.00 5,643.00 5.000.00 $145,270.00 Itl/IJ Mr. Cliff Swanson April 7, 1997 Revised May 2, 1997 Page 4 of 6 Note that if the southbound loop off-ramp is not squared up to Telegraph Canyon Road, a reduction of$14,205 can be applied to the above proposed increase. More specifically, the fee changes break down by consultant team members as follows: Rick Engineering Following the approved first amendment to the contract to reallocate funds and the preliminary design effort to date, Rick Engineering Company has $35,500 remaining in Telegraph Phase II and Phase III to complete the design exception for non-standard lanes and PS&E for the project. The attached cost breakdown shows the increase needed to cover the additional design scope. Detailed breakdowns of costs also can be provided as necessary. Item I. Design surveys 2. Traffic control for surveys 3. Survey encroachment permit 4. Plans 5. Specifications 6. Estimates $ 10,400.00 3,500.00 890.00 66,369.00 2,300.00 4 500.00 Rick Engineering Company contract increase to Telegraph Phase III $ 87,959.00 *It should be noted that if the southbound loop off-ramp is not squared up to Telegraph Canyon Road, a reduction of $7,000.00 can occur in our proposed contract increase. Urban Systems Per the attached proposal ITOm urban systems, an adjustment for the revised PS&E scope as previously outlined is requested as follows: Item I. Number 4 mainlane option off-ramp 2. Northbound off-ramp widening 3. Squared off off-ramp and loop striping $ 22,000.00 4,000.00 7.000.00 Urban Systems Contract Increase $ 33,000.00 Jt1-IY Mr. Cliff Swanson April 7, 1997 Revised May 2,1997 Page 5 of 6 Ninyo & Moore Per the attached proposal from Ninyo & Moore, additional borings and tests will be needed to incorporate the expanded scope of work. New proposal Original contract $ 25,200.00 17 340.00 Ninyo & Moore Contract Increase $ 7,860.00 Helix Environmental Per the attached proposal from Helix Environmental, expanded technical studies will need to be provided. This additional cost is: $5,807.74 KTU&A Per the attached proposal for KTU&A, additional visual analysis and landscape and irrigation plans will need to be prepared to this new scope of work. Item 1. Visual impact assessment 2. Additional visual of squared up options $ 759.50 ~ Subtotal $ 964.33 $3,182.19 1.496.68 Subtotal $4,678.87 Net Contract Increase $5,643.20 3. Revised PS&E scope 4. Revised PS&E with squared up option Please note that these additional contract amounts do not include PDT meetings and coordination. This was taken into account with the first contract amendment to reallocate funds for revised scope and schedules for Telegraph Phase 1 and Phase 11. It has been assumed that the plans for this project will be one set of construction documents, that can by easily separated if the project is phased due to funding constraints. j¿:;~/5- Mr. Cliff Swanson April 7, 1997 Revised May 2, 1997 Page 6 of6 In the interest of continuing to make progress with the project schedule, it is possible for us to proceed with environmental study and 30 percent plans by temporarily utilizing existing contract budgets for the original scope. At the time of a new contract amendment, these borrowed amounts could be reconciled. This work could start immediately with your authorization. Upon review of this data, we would welcome the opportunity to meet with you to discuss the scope is further detail. If you have any questions or need any fi.¡rther infonnation, please do not hesitate to call. Sincerely, RICK ENGINEERING COMPANY k:::: f-- Kai Ramer Project Manager KER:TWG:amb.012 Attachment Copies without attachment: Mr. Ralph Leyva, City ofChula Vista Mr. Bob Grandy, Smith and Kempton Mr. Tim Gabrielson, Rick Engineering Company jtJ -/¡J, UREA.N SYSTEMS TEL:619-560-9734 Mar 26,97 URBAN SYSTEMS ASSOCIATES. INC. ".- " rMFf1C ElKJINEBIIMJ, AWIIŒT.wo" f'fto.Æcr BIJPPOIIr OoNsIJLTANTIl n> -If'( IWD ~EHr TO: COMPANY: FROM: DATE: SUBJECT: Kai Ramer Rick Engineerin~ Andy P. SchIa March 26, 1997 phone: . (61') 2'1-0707 8:32 No,OO3 P.Ol fax: . (619) 2'1-4165 CWo VbIø 80S ~ ..,~~þ CIttMpd Scqpe tII N . Modification of the northbound ramps signal Modification of the Halecrcst signal Signing and striping on Telegraph - Interchan~c area Telegraph widening/wall traffic control . The revised scope Dfwork will require; TIMB: 8:42 a,m. roTAL PAGES: ..!.. TRANSMITTBD JIL(: Fax As requested, following is a list of changes in the scope of our traffic engineering design efforts and the anticipated fee increase. The original scope provided for: 1- 2. 3. 4. Max, # of' Cost ~ Plan Sheets ,Z $3,500 S ."h $10,000 3 $8,500 $22,000 Description Two lane Dff striping Two1m¡.e off traffic control-3 stages Two Jane off overhead sign, relocation and panel modifications-4 max A- D, c. D. Northbound off ramp widening traffic control-2 stages 2 E. Northbound off ramp widening stripÏI!g l' F. Squared ramp signal modification design 1 G. Squared ramp and loop striping 1 H, Squared ramp traffic control-2 stages. 2 ;[ d.¡;ebJ:~~- m Jð---J7 $3,000 $1,000 $3,500 $4,000 $1,000 $2,500 $7,000 ~/.::t TOTAL $39;956" 1'33,000 001094.4 pa" . .4:\80SIN7'C-Z'CD-1 4540 KBARNr Vlu.4 ROAD, SUITB 106 . s,or DIEOO. Cf 92123';'1573 . (619) 560-4911 . FAX (619) 560-9734 ~~ INj¡JUO/J/[ffJ & Iß/ft:~í§j'ìfw)' ~~ ::.~;.- \~ Geo!<'rhnK'" "nd Envlwnmenr", S""In-' Comulr,"'!; March 24,1997 Project No. 103252-02 Mr. Kai Ramer Rick Engineering Company 5620 Friars Road San Diego, California 92110-2596 Subject: Proposal For Increased Geotechnical Consulting Services Interstate 805 and Telegraph Canyon Road Improvements Chula Vista, California Reference: Proposal For Geotechnical Evaluations and ~nvironmental Site Assessments, Three Interchanges on Interstate 805 at Tel,graph Canyon Road, Palomar Street And Orange Avenue, Chula !vista, California," prepared by Ninyo & Moore, dated November 21, 1995 (revised) Dear Mr. Ramer: In response to the request of Mr. Tim Gabrielson ofYDur finn, we are pleased tD submit this pro- posal to revise the scope of services on the subject prqject. We understand that the project has been revised slightly to include the Interstate 805 (1-80$) southbound and nDrthbound off-ramps to Telegraph Canyon Road, as well as a pDssible slight realignment to the southbound I-80S loop offiamp to eastbound Telegraph Canyon Road. To aid in preparing this revised scope of services, we have reviewed the plans provided for our use, discussed the project with Mr. Gabrielson, and made a brief site visit. The original scope of services, as outlined in the refer~nced proposal, did not include the I-80S off-ramps. Our referenced proposal included four exploratory test borings for the I-80S and Tele- graph Canyon Road interchange. Based on Dur review ¡of the plans and our understanding Df the increased scope of the proj ect, we recommend increasing the number of exploratory borings to six to include the off-ramps. The scope of the laboratory testing would also be expanded to include additional R-value, in-situ moisture and density, and gradation tests. Our revised BreakdDwn of estimated fee for this increased scope of services is $215,200 (twenty-five thousand two hundred -------~---~-~---)CJ -/ð-- 10225BarnesCanyonRoad. SulteA-112 . SanDlegr . PhoneI619)457-0400 . -FaxI619)55B-I236 9272 Jeronrmo Road. Suite I23A . INine. California 9271 8 . Phone /71 41 472.54-44 . Fax (71 4) 472-5445 700 South Flower Street. Suite II 00 . Los Angeles, California 90017 . Phone (213) 488-5111 . Fax 12; 3} 892-2206 155 West Hospitality Lane. Suite 165 . San Bernardrno. California 92408 . Phone (909) 383-8777 . Fax (909) 383-8776 . --.., Rick Engineering Company Interstate 80S and Telegraph Canyon Road Interchange Chula Vista, California March 24, 1997 Project No. 103252-01 dollars). A breakdown ofthis fee is presented in the attached Table 1. The other elements of the referenced proposal remain unchanged. We appreciate the opportunity to submit this revision t~ the proposal and look forward to work- ing with YDU on this project. If this revision to the scope of services meets with your approval, a contract can be prepared for signature. ShDuld you have any questions regarding this proposal, please contact the undersigned. Respectfully submitted, NINYO & MOORE rz7?~ Michael R. Rahilly, RCE 28188, GE 706 Senior Engineer ~:I tL- RatJdalL. Irwin, RG4582, CEG 1521 Chief Engineering Geologist MRRIRI!rlm Attachments: Table 1 - Consultants Fee Proposal Distribution: (2) Addressee /tJ~ Ie¡ """2P.DOC 2 llfiluojJJ!DJ & Pfu'JrJ'JrJrræ Rick Engineering Company Interstate 805 and Telegraph Canyon Road Interchange Chula Vista, California March24,1997 Project No. 103252-02 TABLE 1 CONSULTANT'S FE' PROPOSAL Project: I-805ffelegraph Canyon Road Interchange Project! - Materials Report & Foundation Report Engineering Firm: Ninyo & Moore A. Direct Labor Hours Rate Fee Totals Principal 4 $69.23 $276.92 Project Manager 36 $44.42 $1,599.12 Senior Engineer/Geologist 44 $37.50 $1,650.00 Senior Staff Engineer/Geologist 56 $19.23 $1,076.88 Drafting 28 $17.00 $476.00 Word Processing 36 $15.20 $547.20 Multiplier X Base Fee C. Other Direct Costs 1. Travel (transportatiDn, mileage, per diem) $96.25 $600.00 2. Traffic Control 3. Subcontractors (List Firms) F&C Drilling 1t!;-2C7 If!UO!Jfdll &¡fl.'~rm'f'e . ("H"::~I','H~~'þ~ " :1';"', T-, -- ~~k\,\j ~j'" ~...) REVISEDAITACHMENT A PROPOSED SCOPE-Of-WORK AND COSTS fOR ~-805rrELEGRAPH CANYON ROAD INTERCHANGE NEW ALTERNATIVE pESIGN, MARCH 27, 1997 SCOPE Of WORK Project Management Helix staff will coordinate and oversee the applicable tech\1ical and environmental analyses for the new Telegraph Canyon Road interchange alternative. Specifically, this will entail interaction with Rick Engineering staff On project design and engineering featurel;, as well as related coordination with HELIX technical staff and review of technical reports generated by ffELIX and others (e.g., visual and geotechnical reports) for inclusion in our environmental analysis. Additi<!>nal costs for this task are associated primarily with the additional areas involved in the new alternative (e.g., the freeway lanes north of the interchange), and the management time required to review and coordinate associated technical and environmental studies. NIDtt HELIX technical staff will measure existing noise levels along¡ the west side of I-80S adjacent to the proposed freeway and interchange improvements. The results of the nojse measurements will be input into the Caltrans SOUND32 noise prediction model, to generate future noise levels at the noted receiver locations. Based On the model results, mitigation measures will be recommended if þpplicable, including conceptual locations and dimensions of noise walls, if required. Additional costs f<l>r this task will be associated primarily with conducting noise measurements, modeling and analysis for are~s not included in the existing alternative design (e.g., the freeway lane modifications north of the interchange)., In addition, portions of the existing noise level data base previously completed for the project will be updaled to incorporate the recently revised existing traffic volumes. Air Quality HELIX technical staff will conduct an air quality micro-scre~ning analysis for the new interchange design alternative, with a similar scope-of-work as previously des~ribed for the existing alternative. Additional costs for this task will be associated primarily with updating¡ portions of the air quality model data base to reflect areas not included in the existing alternative and revisecli traffic volumes. ~ IMk J.>.m!mnd Project Management D. Claycomb D. Marcin IiImm ß.a..œ Qm 4 $ 48.10 $ 192.40 16 $ 31.25 $ 500.00 44 $ 30.00 $ 1,320.00 6 $ 31.25 L1ßZS1 Subtotal $ 2,199.90 Overhead Rate (1.40) $ 3,079.86 Profit (10%) ~ j¿9~ ;21 Total Cost $ 5,807.74 Noise Noise Specialist Air Quality Environmental Specialist "'.,>-"'. _., Principal Sr. Designer $33.35 $14.90 --,;c",-,."., ~ .F ,.,,"""" "" """"""."'"""H Plans S cificalions and Estimates Extras' 1 Increased Field Work 2 Increased Planting Plan (arlecls I loopramp sheet) 3 Increased Irrigation Plan (aI/eels 1 loopramp sheet) 4 New Planting Plan- Northbound (1 new sheet) 5 New Irrigation Plan- Northbound (1 new sheet) 6 New Planting Plan- Southbound (I new sheeO 7 New Irrigalion Plan. Southbound !1 new sheet) 8 Increased takeoffs and estimates 9 Increased managcmenl, coordination, etc. SUBIDJAL KTU+A Landscape Architectural Services COST PROPOSAL ADJUSTMENTS Chura Vista 1-805 Interchanl!e .. ,,- '-n'" ."",u", . """"'~"'""""',-"""'.....,, =~ .m"""...".._".~-,. - Designer $11.80 Draller 1 S9.55 Clerical $12.30 ¡.._-_u...: ----d"'" .4......... .--....-. ....1__...._...-, ... -----1-'-----~' r--- -. .. -~-_uul---' -- 2_- L 1 1 I' 2' ..... -- .-.. .~.=.":-"- ~'.: " X.._-=- .---. ~~:-=-=--6' J ==~'~-";.._T ..~~.. .~-- 2 12 1 . 4 - --1 r~~-~_:~L-~--fJ=--':-=-~j.;=-' . 1 ! 2 , ' -¡-- ,..... 12 44 26 HOURLY SUMMARY . "'"~""--""'~"""'-""~~W"""-"""'"m'""."~_.,,-,.,,,~,.~-=~~u..,...-"_._.,-",u..".,,,~....,,- ..~.m"..,."",.....,~"..,.~".,,"...,_....,,~ nH""".,.., "'" <~~.,'" '" ,'~w-., Anticipated Hours 1 12 44 20 LABOR SUBTOTALS $33,35 $276.00 $655.60 $191.00 Labor Tolal $1,155.95 Overhead Rale(140%) .$1,618.33 Profit (t2"1~) $332.91 . Other Oirecl Cosls $75.00 GrandToIaIP5&EExlm~~.191 Plans S ecifications and Estimates (or the 0 lion" 1 Increased Field Work 2 Increased Planling Plan (affects 1 sheetl 3 increased Itrigalion Plan (affects 1 sh~e!) Anlicipated Hours LA80R SUBTOTALS --.---- .. 2 12 12 26 $387.40 I ----. 1 2 $46.00 ~ 'Extra areas of dislurbilflce include Ille notlhbound off lamp, soulhbourtd off.ramp anrllhe widened loop Eastbound Telegraph Can,."n off.ram¡r. "Tile optional services lIave been aS5umed ro be rile rigillangle 'T'intersection al Telegraph Canyon. Chula Vista 1-805 Interchange P,oo I "" 107 ------ 4 6 10 .$95.50 Labor Tolal $528.90 Overhead Rale (140%) $740.46 Pro/it (12%) $152.32 Other Direc1 Cosls $75.00 Grand Total PS&E Option $1,496,68 ..,_.. -- --- ~ .'W -¡ W I (D (D -.. ¡. '" t¡J 3: 'T] :JJ 0 3: 7'; --i C . Þ m (D '" ~iG ~ Æ ~ is) "" ;u '" COUNCIL AGENDA STA~EMENT Item /1 Meeting Date ~ ITEM TITLE: Resolution / g;¡, 7/APproving f1.greement Between the City of Chula Vista, the Spring Valley Sanitation þistrict and the City of San Diego for the Transportation of Wastewater iþ the Spring Valley Joint System and Authorizing the Mayor to Execute Said Agreement SUBMITTED BY: Director of Public Works ~ REVIEWED BY, Ci~ --Jú. ~ ~ ' (41S" V"", V ~ - No.xJ Approximately 2 million gallons per day of C¡¿la~sta S~wage from the northern part of Chula Vista flows into the Spring Valley Sanitation District T~nk Sewer (County of San Diego) and travels to the main Metro Sewer Interceptor at the Bayftont. Chula Vista has used this trunk sewer since 1964 and has paid Spring Valley the Metro S~wage Treatment costs charged by San Diego plus a surcharge for transportation in their line. Since 1979 the transportation charge has been 10% of thei Metro charge. When the surchage fee was first established the Metro charge was around $2001 per million gallons and therefore, the surchage was $20 per million gallons. As the Metro co*s doubled, tripled and quadrupled, so did the surcharge. Chula Vista Staff realized that sewer system Operation and Maintenance costs did not increase nearly that much and approached Sprin~ Valley on developing another method of calculating cost sharing for their trunk sewer. It took sþveral years of discussions with Spring Valley staff to develop another method of cost shari\lg. In fact Chula Vista staff began withholding the 10% surchage in FY 1992-93 as further pressure to develop a more equitable method of cost sharing. The withheld portions have accumulated to a total of $761,966. The new agreement provides that the City of Chula Vista shall pay the withheld payments! by June 30, 1998. The Spring Valley Sanitation District has agreed not to charge interest on theiwithheld payments if an initial payment of $191,000 is made priorto July 1, 1997. Since the Spri$g Valley invoices for Fiscal Year 1996- 97 are lower than anticipated due to a credit for previous ~verbilling, no additional appropriations are needed. A new agreement was drafted by the Spring Valley Sanitation District of the County of San Diego to provide for an equitable allocation of its maintenance, þperation and capital replacement costs among the Out-of-District Users of the Spring Valley S~tation System until the year 2003. The City of Chula Vista is an Out-of-District User. The neW agreement will take effect on July 1, 1997. 1/-/ Page 2, Item 5/20/97 Meeting Date - RECOMMENDATION: That Council approve the r~solution. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: OLD AGREEMENT AND AMENDMENTS Several agencies utilize the Spring Valley Outfall Sewer (t)1e "Joint System"), which is owned and operated by the Spring Valley Sanitation District of the C~unty of San Diego (the "District"), for transportation of wastewater to the City of San Diego Metljopolitan Wastewater ("Metro") System. These agencies (Out-of-District Users or "ODUs") have,executed separate agreements with the District. The current ODDs include the cities of Chula Vista, La Mesa, Lemon Grove, and San Diego, and the Otay Water District. On March 9, 1964, by Chula Vista Council Resoluti~n 3262, Chula Vista entered into an agreement (the "Old Agreement") with the City of San Diego and the District for use of the Joint System. This agreement provided for the assessment of a! transportation charge to cover the cost of transporting wastewater through the Joint System to (he Metro system. It does not include costs for expansion projects, none of which are planned in the near future. The transportation charge is composed of three componeIits: a capacity charge, a service charge, and a major relocation and replacement charge. In the Old Agreement, the major relocation and replacement charge was assumed to be part of the servic~ charge, except when related to natural disasters, Federal or State requirements, or expanded fatilities. The Old Agreement has been revised four times. The first amendment, executed on 02/16/71, revised Section 12 to increase the service charge payable to the District. The second amendment, executed on 04/24/79, revised Section 12 again on the ~ethod of calculating this service charge payable to the District. The third amendment, execute~ on 07/17/79, extended the life of the contract to March 9, 1994. The fourth amendment, exe¡:uted on 06/18/91, revised Section 8 to specify Chula Vista's control of installation, operatiOl:\., and maintenance of meters, revised Section 12 again to further define methods of calculating 1ihe service charge payable to the District for metered and un-metered wastewater flows, revi~ed Section 13 to introduce the term "equivalent dwelling unit" ("EDU"), and revised Section 22 to reflect current Chula Vista indemnity and insurance provisions. Although Chula Vi~ has paid our share of the Metro Costs to Spring Valley, we have not paid costs since 1992-93 for transportation pending a new agreement. The old agreement expired in 1994, but the new agreement provides for paying appropiate back charges by July 1, 1998. )/,.~ Page 3, Item 5/20/97 Meeting Date - DISTRICT'S SERVICE CHARGE The City of San Diego assesses all agencies discharging Into the Metro System for Clean Water Program and maintenance and operations ("M&O") costs ,at a rate per millions of gallons ("MG") of wastewater discharged into the Metro system. Since th~ District's total flow is partly composed of flows from the ODDs, the District recoups its cost iþ paying the Metro Service Charge by assessing each ODD a service charge based on metft'ed sewage flows or estimated flows calculated from EDD counts. In Chula Vista's case, the District's Service Charge was 110 percent of the Metro rat!: per the City's flow in MG. lop percent of the Metro rate charge went directly to paying the City of San Diego. The remaining '10 percent was collected by the District to pay for the M&O costs and capital replacement costs of the District's Joint System. Although the Old Agreement provided for the adjustment pfthe Metro rat!: to reflect actual Metro system M&O costs, the District did not adjust its 10 perceþt estimate to reflect actual Joint System M&O costs. The 10 percent basis was a very rough estÎI$lte which did not consider other factors which would more precisely proportion Chula Vista's sh~e in the Joint System M&O costs, such as the location point at which the ODD discharges intoithe Joint System and the proportionate distance the discharge travels. At fITst, the Metro Service Charges were small, so the corresponding 10 percent of those charges was also small. As the Metro Service Charges incre~sed, it was clear that a more precise methodology was needed to enable Chula Vista, as well a$ the other ODDs, to pay their share in Joint System M&O costs based on a more accurate apI1roximation of actual system costs. To force the revision of methodology, Chula Vista withheld à portion of its annual payments for the District's Service Charges in Fiscal Years 1992-93 through 1995-96. The portion withheld was usually the 10 percent of the District's Service Charge in each of the Fiscal Years the payments were withheld. NEW AGREEMENT In 1994, the City of Chula Vista initiated discussions, with the District regarding fair-share payment of the District's Service Charge, suggesting thatithe methodology be revised to have the Joint System M&O costs apportioned based on the amOl~nt, and location, of flow discharged by an ODD. Dp to this time, the District's methods of alloc~ting transportation charge to each ODD were not identical. In 1996, the District presented a revi$ed agreement (the "New Agreement"), which would be substantively the same for all the ODDs. The provisions regarding fair-share payment were reviewed and agreed to by the District and! the ODD staffs. Each ODD expressed support to the District, which was reflected in a Coun~ of San Diego Board Of Supervisors Agenda Item at the September 30, 1996 Board of SuperVisors meeting (Attachment A). I/o' 3 Page 4, Item 5/20/97 Meeting Date - The New Agreement does not utilize 10 percent of the .Metro IíI1I: as the basis for assessing charges to each ODD. The New Agreement now defines the District's Service Charge as a composite of three distinct components and specifies the methodology for each. These components are: 1. Metro Service Charge 2. District M&O Charge 3. Capital Replacement Charge The changes from the Old Agreement to the New Agreement are discussed as follows (Note that the capacity charge has not changed): ~. LIMITATIONS ON TYPE AND CONDITION OF SEWAGE 7.A. This is a new clause stating that Chula Vista wastewater shall meet Section 65, "Prohibitions On Discharge of Water Softener W~stes" of Article VI, "Limitations on use of District Sewage System" of the current San Di~go County Uniform Sewer Ordinance. This pertains only to flow discharged to a water r~lamation plant, and does not currently affect Chula Vista. ~. METERING The revision to this section specifies that flow meters shaH be of the "American Digital Systems" ("ADS") brand, and shall be annually calibrated at Ch\llia Vista expense. It specifies District access to flow data via "direct computerized flow monitoring" for independent District verification purposes. This requirement conforms to current City practice. Section 10. INFILTRATION The agreement now expands on the method which the District shall use to estimate infiltration. It limits the estimated infiltration to 10 percent of the ODD's discharge to the Joint System. Section 12. SERVICE CHARGE The District's Service Charge still includes 100 percent of each ODD's prorated share of the Metro Service Charge assessed the District by the City of San Diego for Metro M&O costs. However, instead of charging an additional 10 percent to ¡recoup the District's Joint System M&O costs from each ODD, the actual annual District M&O costs are distributed among the ODDs based on the quantity of flow, the length of pipe the o1Í>u's discharge travels through, and the diameters of this pipe. //~1 Page 5, Item 5/20/97 Meeting Date - The Capital Replacement Charge is now provided for s:parately and is only assessed for each unique project and for a limited time. This charge is based on the percentage of total flow each agency discharges to the Spring Valley Joint System. Payment of the 10 percent of the annual Metro Service Charges through Fiscal Year 1996-97, in confonuance with the Old Agreement method, includes ¡all replacement costs through June 30, 1997. The retroactive collection of replacement costs, !Cited in the last sentence of Provision 12.C.!. of the New Agreement, pertains only to costs il1curred after that date. This provision allows the District to revise its billings after the actual [mal construction and annual maintenance costs are known. Section 13. CHARGE AGAINST CAPACITY RIGHT$ IN METROPOLITAN SYSTEM 13.A.3. The revision redefines flow from a single!family house from 265 gallons per day (gpd) to 240 gpd. This rate is closer to ~ actual flow measured at our metering stations. The flow rate for unmetered sihgle family flows was also redefined to 240 gpd in Section 12. This change will QIean that Chula Vista will pay a smaller portion of the Spring Valley Metro charg~s. Section 16. MAJOR RECONSTRUCTION, REPLACEMENT OR REPAIRS The agreement now specifies that Chula Vista shall re4nburse the District for a proportionate share of the "net costs" of reconstruction. The meaning¡ of this section is not changed. Section 16 5. NEW CONSTRUCTION TO THE SPRING VALLEY JOINT SYSTEM This is an entirely new section stating provisions under Which the District shall acquire payment from an ODU for work on the Joint System not inclu4ed in its original design. Basically, it requires the District and ODU to enter into a separate agreement which shall stipulate tenus of payment for the construction of said work. Section 19. ARBITRATION The revision clarifies the arbitration procedure. Section 19 5. OPTION TO EXTEND This new section provides for Chula Vista's option to eXtend the life of the New Agreement by ten years. //-5 Page 6, Item 5120/97 Meeting Date - RETROACTIVE PAYMENT The District has agreed to waive interest charges on the previously withheld payments, provided that the City pays such amounts according to the s~hedule set forth by the District (see Attachment B). The City must pay $191,000 this fisc~l year (prior to July 1, 1997) and the remaining amount (total withheld payments minus $191.000) next fiscal year (prior to July 1, 1998) to avoid interest charge on the withheld payment$. The amounts due to the District for maintenance and operation by the 10 percent formula art as follows: Fiscal Year A1mnint 1992-93 $326,344 1993-94 $ 98,510 1994-95 $200,636 1995-96 ~ Total $767,966 District M&O Charges through June 30, 1997 shall cont$ue to be calculated as 10 percent of the Metro Service Charges (see Attachment C). FISCAL IMPACT: For this fiscal year, the City will need to make $191,000 in retroactive payments to the District from account 225-2250-5202. Next fiscal year the b~lance of withheld payments, which is $576,966, must be entirely paid off. Retroactive paym~nt was anticipated at the time staff first decided to withhold payments. Under the new method, annual billings should be lower in the long term. The District's budget for Fiscal Years 1998-99 through 2001-02 indicates that annual capital replacement projects will not exceed $550,000 per year during this period. Chuh~ Vista's share of these costs plus M&O would not be anticipated to exceed $160,000. Comparing this to 10 percent of Metro's projected charge during this period (which would average $262 perMG) and Chula Vista's anticipated flow rate would yield an estimated charge of $185,000 to $198,000 per year. Historical data also shows that the revised methodology, would also have saved the City money up to the year 1993-94. However, from 1995 to 1997-9S the District has completed some major repairs to their trunk line which actually made the old mlþthod more advantagous up to 1997-98. A June 26, 1996 District-prepared comparitive anal)'sis of the District's Service Charge, calculated by New Agreement methods versus the Old: Agreement method, showed that a net savings of approximately $61,013 would have resulted btltween Fiscal Years of 1979-80 through 1993-94. Based on large recent capital expenditures to 'the trunk line, however, the 10 percent method was more advantagous during Fiscal Years 1993-94 through 1995-96 and from the period //-? Page 7, Item 5/20/97 Meeting Date - 1979-80 to 1997-98 the City would save $71,000 using the old method. Staff estimates that the interest earned on the withheld funds amounts to over $100,000. ¡}ttachments: ¡Attachment A - Attachment B - ~ Attachment C - 0 ~ Attachment D - September 30, 1996 Board of SuNrvisors Agenda Item (4 sheets) August 1, 1996 letter from Directot of County of San Diego Department of Public Works (2 sheets) November 14, 1996 letter from Deputy Director, Acting, of County of San Diego Department of Publjc Works (2 sheets) Agreement ( 29 sheels) Ý Exhibit A: Map NOTSCANN~D Exhibit B: November 7, 1996 Spr/JadsheetNOT SCA."TNR])) JA I File, 0790- 70-KY073-2 erne (h,\home\eogioe"\,,w,,\mdag,.eme) May 15, 1997 (lO:4Oam) //- '/ RESOLUTION NO, -.! g ¿ 71 RESOLUTION OF THE CITY COUNqIL OF THE CITY OF CHULA VISTA APPROVING AGREIj:MENT BETWEEN THE CITY OF CHULA VISTA, TH~ SPRING VALLEY SANITATION DISTRICT AND THE 'CITY OF SAN DIEGO FOR THE TRANSPORTATION OF WASTEWATER IN THE SPRING VALLEY JOINT SYSTEM AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, a new agreement was ¡drafted by the Spring Valley Sanitation District of the County of San Diego to provide for an equitable allocation of its maintenance, operation and capital replacement costs among the out-of-D~strict Users of the Spring Valley Sanitation System until the ye~r 2003; and WHEREAS, the City of Chula Vista is an Out-of-District User; and WHEREAS, the terms of the old agreement have been extended by the Spring Valley Sanitation District to June 30, 1997 and the new agreement must take effect on July 1, 1997; and WHEREAS, to effect and hasten revision of the old agreement, the City of Chula Vista withheld a portion of payments to the Spring Valley Sanitation District during fiscal years 1992- 93 to 1995-96 and the withheld portions have accumulated to a total of $767,966; and WHEREAS, the new agreement. provides that the City of Chula vista shall pay back the withheld payments by June 30, 1998 and the Spring Valley Sanitation District has agreed not to charge interest on the withheld payments if an initial payment of $191,000 is made prior to July 1, 1997; and WHEREAS, since the Spring Valley invoices for Fiscal Year 1996-97 are lower than anticipated due to a credit for previous overbilling, no additional appropriations are needed. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approVe the Agreement between the City of Chula Vista, the Spring Valley Sanitation District and the city of San Diego for the Transportation of Wastewater in the spring Valley Joint system, BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the City. Presented by Approved as to form by John P. Lippitt, Director of Public Works c: leslspvsd..ge ATTACHMENT D - I AGREEMENT BETWEEN THE CIiY OF CHULA VISTA AND THE SPRING VALLEY SAN~TATION DISTRICT FOR THE TRANSPORTATION ¡OF WASTEWATER IN THE SPRING VALLEY ÇOINT SYSTEM THIS AGREEMENT, made and entered ,into this --- day of ------, 19_, by and between the CITY C!'F SAN DIEGO, a municipal corporation, sometimes hereinafter caliled "San Diego", the CITY OF CHULA VISTA, a municipal corporation, ¡sometimes hereinafter called "Chula Vista", and the SPRING VALLEY S~ITATION DISTRICT, a county sanitation district, sometimes herein¡.fter called the "District", ¡ replacing the AGREEMENT BETWEEN THE C~TY OF CHULA VISTA, THE CITY OF SAN DIEGO AND SPRING VALLEY SANITAT+ON DISTRICT OF THE COUNTY OF SAN DIEGO FOR THE USE OF DISTRICT'S O~TFALL SEWER, dated 9TH MARCH 1964, WIT N E SSE T H : STATF.MF.NT OF PTjRPOSF. 1. The District has constructed an outfall sewer (hereinafter referred to as the "Outf$.ll Sewer") from the site of ! District's abandoned treatment plant s~uth-east of the intersection of Jamacha Boulevard and Sweetwater Road to a connection with the San D~ego Metropolitan Sewerage Syste~ (hereinafter referred to as the "Metropolitan System") near the ~ntersection of Interstate 5 and State Route 54, which said outfal~ sewer was constructed with the proceeds of the sale of revenue ~onds of the District issued pursuant to Chapter 5, Part 3, Division 5 (Sections 4950, et seq.) ~ //~7 . -'. of the Health and Safety Code of the State of Califo~nia. 2. The District has enacted Ordinance No.6 providing for sewer service charges te be paid for the discharge of sewage through the outfall sewer. 3. Section 51 of the said Ordinance No.6 and Covenant No.8 of Section 20 of Ordinance No.5 pursuant to which said bonds were issued, provide that the District may lease capacity rights in said outfall or any part thereof to one or more cities, pursuant to the article 8, Chapter 5, Part 3, Division 5 of said Health and Safety Code (Section 5060 et seq.). 4. The District finds that it may lease capacity rights to said outfall sewer to Chula Vista without impairing the usefulness thereof. 5. Chula Vista and the District deem it mutually desirable and advantageous for Chula Vista to lease the use of District's outfall sewer for the transportation and disposal of sewage, subject to the terms, conditions and restrictions hereinafter set forth. 6. Said outfall sewer was designed and constructed speci.fi_cally to serve the territory within the Spring Valley Sanitation District and adj acent areas and, in addition, was designed and constructed to serve the Sweetwater River Basin as shown on the map hereto attached and marked Exhibit "A", 2 ~. /1-1¿Jj;I-// irrespective of whether said Sweetwater River Basin or portions thereof are annexed to the Spring Valley Sanitation District or became a part of the City of Chula Vista or some other municipal corporation or public district authorited to provide sewer service. Although under the aforementioned ordinances of the Spring Valley Sanitation District and provisions of the Health and Safety Code, the District is restricted in leasing capacity rights in said outfall sewer to a period of fifteen y~ars, it is contemplated that at the end of such fifteen year period there will cpntinue to be capacity available for lease to serve the aforementioned Sweetwater River Basin. 7. Pursuant to an agreement between the City of San Diego and the Spring Valley Sanitation District described as "Sewage Disposal Agreement of 1960" dated February 7, 1960, and amendments thereto, the District has the right to discharge up to 10.7 million gallons of sewage daily into the Metropolitan System from District's sewer lines. 8. Pursuant to a similar agreement between the City of San Diego and the City of Chula Vista dated .Tun.. 1 19h1, as amended, theG.ity of Chula Vista has the right to discharge up to 19.20 million gallons of sewage daily into the Metropolitan System from Chula Vista's sewer lines. 9. Pursuant to an agreement between the City of San Diego 3 ~ //"/.2- .. , ' and Spring Valley Sanitation District described as "Agreement between the Spring Valley Sanitation District and the City of San Diego re Spring Valley Sanitation District Outfall Sewer" and dated April 11, 1962, San Diego has the right to discharge sewage into various segments of the Spring Valley Sanitation District outfall sewer as more particularly set forth in said agreement. 10. The parties hereto are agreed that all sewage originating in Chula Vista which is ultimately discharged into the Metropolitan System through Spring Valley Sanitation District's putfall sewer shall be charged against Chula vista capacity rights in said Metropolitan System and that all sewage discharged into District's outfall sewer from San Diego's connection into said outfall sewer which is ultimately discharged into the Metropolitan System shall not be charged against District's capacity rights in said Metropolitan System. ll. This agreement, therefore, shall establish the rights, privileges and duties of the parties concerning the use of the District's outfall sewer by Chula vista; the construction and maintenance of connections to said outfall sewer by Chula vista; speci~y_the area within the City of Chula vista to be served by the Spring Valley Sanitation District's outfall sewer under the terms of this agreement; set standards governing waste charges and sewage flow; establish rent, fees and charges and the methods for 4 ~//~/3 determining them; establish the formula used in ascertaining the amount of sewage discharged into the D~strict's outfall sewer which is to be charged against- Chula Vista'is capacity rights in and to the Metropolitan System. 12. It is recognized that there exists a certain agreement between the parties hereto dated February 13, 1962, a true copy of which is on file in the office of the qity Clerk of Chula Vista, as a part of Resolution No. 2747 adoptr=d January 2, 1962. These agreements shall be considered as sepa~ate and distinct agreements ) and the purposes of the agreement dated February 13, 1962, are not included in the subject matter for purposes of this agreement and there is no intent of the parties by e~ecution of this agreement to merge, override or supersede the said agreement dated February 13, 1962. NOW THEREFORE, the parties hereto agree as follows: S",r.¡-ion 1. This agreement shall take effect immediately. S",r.j:ion /.. The District hereb;,r grants to Chula Vista an extension of the terms, conditions a~d restrictions of the prior AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE CITY OF SAN DIEGO AND S2BING VALLEY SANITATION DISTRICT, OF THE COUNTY OF SAN DIEGO FOR THE USE OF DISTRICT'S OUTFALL SEWER until June 30, 1997. The terms, conditions and restrictions as ,hereinafter specified shall extend for an additional period of six (6) years from July 1, 1997 5 ~ II/If until June 30, 2003. Ser.t i rm :>. CONNECTIONS. Chula Vista, at its sole expense, shall construct, install, maintain, repair, replace and/or reconstruct all connections and appurtenances to the District's outfall sewer installed or constructed by Chula Vista under the terms of this agreement. Ser.t i em 4. ENGINEER'S APPROVAL. The location, installation, construction, repair (except emergency repairs) replacement and/or reconstruction of each and every such connection and appurtenance ; shall be in accordance with County design standards, Standard Specifications for Public Works Construction and San Diego Area Regional Standard Drawings. Ser.t i em S. MAP. Prior to the construction or installation of any such connection, Chula Vista shall furnish the District a map showing the area to be served by said connection. The area shown on said map shall be the only area served by such connection under the terms of this agreement, and in no event shall Chula Vista allow any areas not shown on said map to be served by such connection. ßubj ect to the limitations hereinafter set forth, and particularly the limitations set forth in Section 7, the area shown on any such map and to be served by a connection may be enlarged at any time by the filing of a new map showing additional area to be 6 ~//~¿5 served and payment of the area charge specified in Section 11. Section h. AREA TO BE SERVED. Only that area which is within the City of Chula Vista and within the Sweetwater River Basin or immediately adjacent to said Sweetwatet River Basin and capable of being served by a sewerage system w:Lthin said Sweetwater River Basin by gravity flow sewers shall be ~erved by District's outfall sewer under the terms of this agreement; provided however, that in the event Chula Vista annexes and incorporates within its boundaries areas lying within said Sw~etwater River ¥asin or said areas immediately adjacent to said Sweetwater River Basin, which are not incorporated within the bound~ries of Chula Vista on the effective date of this agreement, said areas, on the date of such annexation, shall become eligible t<Þ be served by District's outfall sewer under the terms of this agreement; provided, further, however, that areas outside of such areas as above described may be served on a temporary basis with tJt¡e written consent of the District's Engineer which written consent shall specify such area and the duration of such temporary ¡service. Chula Vista and District agree that for purposes of this agreement the boundaries, extent.,-and limit of said Sweetwater River Basin shall be as delineated on the plat attached hereto and marked Exhibit "A" which by this agreement is made a part of tJt¡is agreement. In no event shall Chula Vista permit property other than that above in this 7 ~ /I--I? Section 6 described to connect to or otherwise to be served by District's outfall sewer through sewer lines or connections owned or operated by Chula Vista. """,¡-inn 7. LIMITATIONS ON TYPE AND CONDITION OF SEWAGE. A. All sewage discharged into the District's outfall sewer shall meet the standards established by the City of San Diego pursuant to Section 6 of the aforementioned Sewage Disposal Agreement of 1960, Chula Vista shall not discharge into District's outfall sewer any sewage or waptes which do not meet the standards established by and for the District under appropriate ordinances, resolutions, rules or regulations. Chula Vista shall regulate and prohibit the discharge into any sewer line connected to and served by District's outfall sewer of sewage and wastes which do not meet the quality and standards so established by the District. Chula Vista shall also comply with the applicable statutes, rules and regulations of agencies of the United States of America, the State of California, and the City of San Diego having jurisdiction over the collection, transmission, ~reatment and disposal of sewage and wastes. Chula Vista shall ensure that its sewage discharge into the District's outfall sewer meets Section 65, "Prohibitions On Discharge of Water Softener Wastes" of the Article VI, 8 ~ //-/7 "Limitations on use of District Sr=wage System" of the current San Diego County Uniform Sewer Ofdinance. B. Chula Vista-shall not allow excessive infiltration or any surface or storm waters to be discharged into any sewer system or facilities served by District's outfall sewer. t=;pr.tion R. METERING. If at any time during the term of this agreement the daily flow of sewage into District's outfall sewer from Chula Vista's sewer lines increases to a point where it is deemed necessary or desirable by the District to measure all or a ) portion of such flow, the District shall make written demand on Chula Vista that Chula Vista install any and all such meters as District deems necessary or desirable. Within 365 days after receipt of such demand, Chula Vista shall at its sole expense, install such meters at the locations specified by the District. Said meters and installation shall be respectively of the American Digital System (ADS) type and installe~ at such locations and in a manner approved by District's Engineer. At its own discretion and upon approval by the District Chula Vista may install meters in lines maintained by the District or the City of Chula Vista to measur~all or any portion of the sewage discharged into District's outfall sewer from Chula Vista's connections to said sewer. Such meters as are installed shall be operated and maintained and annually calibrated by the City of Chula Vista or its agents, at 9 ~ J/~J~ its sole expense, and be in good working condition for the duration of this agreement. Flow data information obtained from such meters will be made available t~ the District through direct computerized flow monitoring and through quarterly reports provided by the City of Chula Vista. From time to time, the District may at its own discretion conduct capacity measurements to determine actual peak and average daily flows through direct computerized flow monitoring. The results of these measurements may be used to verif~, or to cause Chula Vista or its agents to restore, the accuracy of said meters installed by Chula Vista. Sect i on 9. PEAK FLOW. For the purposes of this agreement, "peak flow" shall mean the maximum instantaneous discharge of sewage expressed as a rate of flow in cubic feet per second (cfs). During the term of this agreement Chula Vista shall have the right to discharge peak flow into the District's outfall sewer not to exceed 17.64 cubic feet per second, and the District shall have the obligation to receive such peak flow from Chula Vista. Temporary increases in the permitted peak flow resulting from rainfall shall not he_considered violations of this agreement; provided, however, that the District is not obligated to receive from Chula Vista nor is Chula Vista privileged to discharge into District's outfall sewer any amounts in excess of the permitted peak flow under this 10 ~ J/ ~/c¡ agreement which could endanger the public health or safety. If Chula Vista exceeds the permitted peak flow on more than a temporary basis (no more than thirty consecutive days in each fiscal year) and such excess is caused by a defect in the sewer system of Chula Vista capable of being corrected or the excess is caused by the discharge into the sewer system of Chula Vista by a sewer user of a large quantity of sewage in a short period of time, then Chula Vista shall cause such defect to be corrected to prevent the excess or shall cause the sewer user to construqt and operate appropriate facilities to spread the discharge of sewage into its sewer system so as to reduce the peak flow to the permitted quantity. If the excess over the permitted peak flow results from an increase in the quantity of sewage not contemplated by the District and Chula Vista and does not arise from any causes hereinabove mentioned, Chula Vista shall forthwith make such adjustments in its sewerage system as are necessary to reduce the peak flow to the permitted quantity. If the excessive peak flow from Chula Vista's connections to District's outfall sewer causes the District to exceed its permL~~ed peak flow into the Metropolitan System as determined by Section 21 of the "Sewage Disposal Agreement of 1960" between the District and San Diego, and because of such excess the District is required to pay additional sums of money to San Diego for such 11 ~ )//~ excess capaci ty use as specified in said Section 21 of said agreement, Chula Vista shall reimburse the District for the portion of such amount which ar~ allocable to Chula Vista's excess peak flow. R"",t;on 10. INFILTRATION. It is understood and agreed that there will be inflow of water into District's outfall sewer because of leakage between the point or points at which the sewage from the public agencies using said sewer is delivered to District's outfall sewer and the connection of the outfall to the Metrop~litan System. The District shall estimate the total waters that infiltrated the District's outfall sewer (sometimes referred to herein as "infil tration") by analyzing meter readings and counts of Equivalent Dwelling Units (hereinafter referred to as "EDUs") and apportion the same amongst all of such users in the proportion that the amount of sewage discharged into the District's outfall sewer by each such user bears to the total amount of the sewage discharged into the District's outfall sewer by all of such users of said sewer. However, the amount of infiltration apportioned to each such user shall not exceed 10% of the amount of sewage discharged into the Spring Valley Sewer System by each such user. Such amount shall be deemed a part of the sewage of such user for all purposes. R"",t;on 11. AREA CHARGE. Prior to the construction or 12 ~ J/~02/ installation of each connection into District's outfall sewer, Chula Vista shall pay to the District a connection charge of One Hundred and Thirty Dollars ($130,00) per gross acre for each acre of land (including streets, easements and all public and private lands) within the area to be served by said connection as shown on the map filed pursuant to Section 5 of this agreement. In the event of fractions of an acre said sum shall be prorated accordingly. It is contemplated that if this agreement is renewed for additional periods of time this gross acreage fee will not be ! charged for any land for which an acreage fee was previously charged and paid. Section 12. SERVICE CHARGE. A. Metro Service Charg~. 1. lmm~t~red Conn~ction. Chula Vista shall pay to the District a monthly service charge for the actual Metro Maintenance and Operation (Metro M & 0) cost as requested by the City of San Diego for Chula Vista's discharge into the Metropolitan System through District's outfall sewer. In case of dispute with the City of San Diego in the amount of said charges, Chula Vista shall make payments of such charges under protest; if the final resolution of the dispute results in a reduced charge, the amount of said charges oyer-paid by Chula Vista shall 13 ~ //---P be credited to Chula Vista, towards its payment to the District for future said charges. This Metr~Service Charge shall be applicable to all family units, commercial, industrial and any other type of users within the City of Chula Vista that are served by a sewer system connected to the District's outfall sewer. The Metro service charge shall be based on a flow of 240 gallons per day per EDU being serviced by District's sewer system, as reported by C~ula Vista, or the flow rate determined in accordance with subparagraph 2 below and computed as follows: (a) The term "EDU" as used in this agreement shall mean a single family dwelling unit or each single family dwelling unit in a duplex, multiple dwelling or apartment house. The number of EDUs for each category of use shall be assigned by Chula Vista and approved by District. Chula Vista may use the current County Uniform Sewerage Ordinance to establish EDUs for both residential and commercial/industrial EDUs with the exception that if the flow is unmetered, the flow per EDU shall remain 240 gallons per day. Where a hotel, motel, trailer court, commercial or industrial 14 ~ /1-.2;1 establishment or other type of enterprise or operation which normally generates a different volume of-sewage thana single family dwelling is being served by District's outfall sewer; Chula Vista, with approval of the District, shall assign to each such establishment, enterprise or operation a number of EDUs in proportion to the estimated amount of sewage generated. Said number of EDUs so assigned shall be used in computing 7he amount of sewage discharged into the District's outfall sewer. Said assignment shall be made for each such establishment, enterprise or operation being served by the District's outfall sewer on the date when sewage is first discharged from Chula Vista's sewers into District's outfall sewer under the terms of this agreement. Thereafter, upon the connection of any such establishment, enterprise or operation to a sewer line being served by District's outfall sewer, or upon the change in use of any property within Chula Vista which is served by District's outfall sewer, which change in use would affect the volume of sewage generated by $uch property, Chula Vista 15 ~ /1 ~~ 1/ shall report to the District the date of such connection or change in use and assign an appropriaEe number of EDUs to such property with approval of the District's Engineer. (b) Chula Vista shall report to District quarterly the number of EDUs within Chula Vista being served by District's outfall sewer for all unmetered connections to said outfall sewer. (c) The Metro service charge spall be based upon the number of EDUs being served at the commencement of the quarter within which such month falls, for all unmetered connections. 2. Mf'tf'rf'd C'onnf'r.tions. Notwithstanding the foregoing, at such time as and to the extent that meters are installed and calibrated, pursuant to Section 8 of this agreement, the provisions of subparagraph 1 shall be superseded by this subparagraph 2 as to such metered connections and Chula Vista shall pay to the District, in lieu of the amount determined by said subparagraph 1, a Metro service charge pf'r mi 11 ion gallons of sewage received by the District's outfall sewer through Chula Vista's metered connections to said outfall sewer which amounts shall include a proportionate share of the 16 ~ //--;;'5 infiltration allocable to Chula Vista in accordance with Section 10 of this agreement. Said charge shall be the amount the City of San Diego charges the Spring Valley Sanitation District p..r mi llion gallon", of sewage discharged by the District into the Metropolitan System under the aforesaid Sewage Disposal Agreement of 1960. District shall invoice Chula Vista quarterly for the amount of sewage discharged into District's outfall sewer. Chula Vista shall report to the I District quarterly the amount of sewage discharged into the District's outfall sewer through such metered connections. 3. It is understood by the parties hereto that the Metro service charge for Chula Vista's prorated share of the maintenance and operation costs of the Metropolitan Sewerage System shall be based on the latest estimate of such costs as provided by the City of San Diego; provided, however, that the amount of the last installment of the fiscal year shall be subject to adjustment to reflect actual Metro M & 0 costs for that fiscal year. In case of underpayment the balance shall be due and payable within thirty (30) days following receipt of notice of actual Metro M & 0 costs from the 17 ~ j/---;2? City of San Diego. 4. Metro service charges computed by District in accordance with-either subparagraph 1 or 2 or both, shall be paid quarterly by Chula Vista to the District within thirty (30) days after presentation of a bill for said charges by the District. B. DiRtri~t'R M & 0 ~harge. 1. Chula vista shall pay to the District a maintenance and operation cost for C»ula Vista's discharge into the District's outfall sewer. The amount of said cost to be paid by Chula Vista to Spring Valley shall bear the same ratio to the total amount of all allocable costs of said maintenance and operation (such as pipeline cleaning, management and operation) of Spring Valley including the South County Operation Center as the sum of the products of the (estimated and/or measured) flow rate of Chula vista's sewage in each and every Spring Valley pipe multiplied by the length and diameter of the same pipe bears to the sum of the products of the (estimated and/or measured) flow rate of total sewage in each and every Spring Valley pipe multiplied by the length and diameter of the same pipe. 2. District's M & 0 charge computed by District in 18 J>-rð )/-~ 7 =<- accordance with subparagraph 1 shall be paid annually by Chula Vista to the District within thirty (30) days after presentation or a bill for said charges by the District. C. Capital Replacement ChargeR. 1. Chula Vista a shall the District to pay proportionate share for the capital replacement costs for District's outfall sewer used by Chula Vista. The amount of such share for capital replacement costs to be paid by Chula Vista to the District 'shall bear the'same ratio to ) the total amount of all allocable District's capital replacement costs of such reconstruction, replacement or repairs of sewage discharged into the amount as District's outfall sewer from Chula Vista's connections to said outfall sewer bears to the total amount of sewage discharged into said outfall sewer at the time when said reconstruction, replacement or repairs becomes necessary. Such amount of said proportionate share computed by District shall the costs of actual be based on reconstruction, replacement and repairs of District's outfall sewer, including all costs of surveying, design, construction, easement acquisition, environmental studies and/or environmental impact reports, processing required permits through agencies, implementation of environmental 19 jY-r7 ) / --- J-ff mitigation measures, field inspection and project administration to complete such reconstruction, repl acement or- repair proj ect . District may recover capital replacement costs on a retroactive basis. 2. The charge provided for in subparagraph 1 hereinabove shall be paid annually on February 1 after presentation of a bill for said charge by the District on or before the preceding April 1. It is understood by the parties hereto that the service charge computed pursuant to either subparagraphs A.l or A.2, and B.l and C.l is to cover/recover, respectively, (i) the District's prorated share of the maintenance and operation costs of the San Diego Metropolitan Sewerage System which the District must pay to the City of San Diego under the terms of the aforementioned "Sewage Disposal Agreement of 1960" between the District and the City of San Diego, and (ii) a share of the District's costs in maintaining and operating the District's outfall sewer. The Metro service charge as computed in subparagraphs A.I or A.2 will automatically adjust for any increase or decrease in the Metropolitan Sewerage System- charges. However, the District's M & 0 Charge in subparagraph B.1 and the Capital Replacement Charge in subparagraph C.I may be increased or decreased from time to time by the District in direct proportion to any increase or decrease in cost to the 20 ~ J/~~7 District in maintaining and operating said outfall sewer. A copy of the District's Annual Audit Report shall be furnished Chula Vista upon request. Section 11. CHARGE AGAINST CAPACITY RIGHTS IN METROPOLITAN SYSTEM. A. All sewage discharged into District's outfall sewer through Chula Vista's connections, under the terms of this agreement and thereafter discharged into the San Diego Metropolitan Sewerage System, and all infiltrat~on allocable to Chula Vista as determined by Section 10 of this agreement, shall be charged against Chula Vista's capacity rights in and to the Metropolitan System as such rights have been determined by that certain agreement between the City of San Diego and the City of Chula Vista entitled "Sewage Disposal Agreement of 1960" and dated .Tun!> 1 1%1. The average daily flow of such sewage to be so charged against Chula Vista's capacity rights shall be determined as follows: 1. The amount of infiltration allocable to Chula Vista for the fiscal year (as said fiscal year is specified in said "Sewage Disposal Agreement of 1960") as determined pursuant to Section 10 of this agreement, shall be divided by the number of days in said fiscal year and the result shall be added to the average daily 21 ~ J¡rJC flow of sewage as determined by subparagraphs 2 and 3 of this Section 13. 2. That - portion of the sewage discharged into District's outfall sewer through Chula Vista's connections to said outfall sewer during the fiscal year (as specified in said "Sewage Disposal Agreement of 1960"), measured by meters pursuant to Section 8 of this agreement, shall be divided by the number of days within said year. The result shall be added to fhe result of subparagraph 3 of this Section 13. 3. That portion of said sewage not measured by meters shall be determined by the EDU system as specified in Section 12 of this agreement. The average number of EDUs served daily under the terms of this agreement shall be multiplied by 240 gallons. Said average shall be computed by averaging the number of EDUs being served by the District's outfall sewer, as reported quarterly during the fiscal year (as specified in said "Sewage Disposal Agreement of 1960") by Chula Vista pursuant to Section 12 of this agreement. B. The amount of sewage to be charged against the District's capacity rights in and to the Metropolitan System under the aforementioned "Sewage Disposal Agreement of 1960" 22 ~ //J/ between the City of San Diego and.the Spring Valley Sanitation District, shall be computed by dividing the total number of gallons of sewage and infiltrated waters discharged into the Metropolitan System from the District's outfall sewer during the fiscal year (as specified in said "Sewage Disposal Agreement of 1960") by the number of days within said year and subtracting therefrom the amount of sewage allocable to Chula Vista as computed in accordance with subdivision A this Section 13; the amount of sewage discharged into said outfall I sewer by San Diego pursuant to Sections 6, 7 and 9 of that certain agreement between the District and San Diego entitled "Agreement Between Spring Valley Sanitation District and the City of San Diego re Spring Valley Sanitation District Outfall Sewer" and dated April 11, 1962, as said agreement has heretofore or as it hereafter may be amended; and the amount of sewage discharged into said outfall sewer by other agencies pursuant to other such agreements divided by the number of days within said fiscal year. C. Chula Vista and Spring Valley shall submit reports to ~he City of San Diego annually allocating the sewage which originates wi thin their respective geographical areas of jurisdiction for purposes of determining whether either party has exceeded the capacity service previously allocated under 23 ~ //~J~ their respective Sewage Disposal Agreements of 1960 with the City of San Diego. Se"t-inn 14. TRANSFER OF TERRITORY. If, because of annexation, transfers, consolidations or other cause, any territory within the City of Chula Vista served by the District's outfall sewer is transferred to another jurisdiction, Chula Vista shall remain responsible and be charged for the sewage and infiltrated waters from such territory discharged into the District's outfall sewer as provided in this agreement until the p'jlrties hereto execute an appropriate amendment to this agreement transferring such responsibility and the obligation to make payments pursuant to this agreement to such other jurisdiction. Sect-inn 1". REPAIR, RECONSTRUCTION AND REPLACEMENT. The District's outfall sewer shall be maintained by District in good repair and good working order in accordance with sound engineering practices. It shall be the duty of the District to make repairs on said outfall sewer and to make replacements (inc1 uding reconstruction) required to keep such outfall sewer in good operating condition. Except as provided in Section 16 and 17 hereof.,- all repairs, reconstruction and replacements shall be part of the SERVICE CHARGE as specified in Section 12 of this agreement. Sect- ; on 1 h . MAJOR RECONSTRUCTION, REPLACEMENT OR REPAIRS. Notwi thstanding the provisions of Section 15, hereof, if, as a 24 ~ J/~J3 result of natural disaster, operation of Federal or State law or other causes beyond the District's control, it becomes necessary for the District to under~ake major reconstruction, replacement or repairs of said outfall sewer or any portion thereof, Chula Vista shall reimburse the District for a proportionate share of the net costs of such reconstruction, replacement or repairs. The amount to be paid by Chula Vista to the District shall bear the same ratio to the total costs to the Spring Valley Sanitation District of such reconstruction, replacement or repairs as the amount of sewage J discharged into District's outfall sewer from Chula Vista's connections to said outfall sewer bears to the total amount of sewage discharged into said outfall sewer at the time when said reconstruction, replacement or repairs becomes necessary, which amount of sewage discharged into District's outfall sewer from Chula Vista's connections to said outfall sewer shall be deemed to be the amount of sewage allocable to Chula Vista as last computed for purposes of this Section 13 of this agreement. Any obligation on the part of San Diego to contribute for a proportionate share of such costs of reconstruction, replacement or repairs shall be gove~~d by the provisions of that certain agreement between San Diego and the District entitled "Agreement Between Spring Valley Sanitation District and the City of San Diego re Spring Valley Sanitation District Outfall Sewer" ane. dated April 11, 1962. 25 ~ )/--JY Sect; em 1 h '). NEW CONSTRUCTION TO THE SPRING VALLEY JOINT SYSTEM. The District may propose additions, expansions or improvements to the Spring Valley Joint System which were not included in the original design. Any such proposal shall describe the proposed additions, expansions or improvements, the estimated cost thereof, and the additional charge (annual or otherwise), or method of computing such additional charge, to be paid by the Out- Of-District user. In the event that the District and the Out-Of- District user enter into an agreement pertaining to fuch proposed additions, expansions or improvements and the additional charge (annual or otherwise) to be paid by the Out-Of-District user for the use of said additions, expansions or improvements, the District shall proceed to acquire and construct the proposed additions, expansions or improvements in accordance with such agreement and the Out-Of-District user shall pay the District in accordance with the terms of said agreement. Section 17. NEW CONSTRUCTION TO THE SAN DIEGO METROPOLITAN SEWERAGE SYSTEM. In the event that the City of San Diego elects under Section 14 of the "Sewage Disposal Agreement of 1960" between the Di~trict and San Diego, to construct additions or improvements to the San Diego Metropolitan Sewerage System and said additions and improvements are used by the District in connection with the use or operation of District's outfall sewer, Chula Vista shall 26 ~)/:J~ reimburse the District for a proportionate share of any costs of such additions or improvements which the District is required to pay to San Diego under the terms of said "Sewage Disposal Agreement of 1960". The proportion of the costs to be paid by Chula Vista to the District shall bear the same ratio to the total costs to the District of such additions or improvements as the amount of sewage discharged into District's outfall sewer from Chula Vista's connections to said sewer bears to the total amount of sewage discharged into said outfall sewer on the date when; the District first uses such additions or improvements, which amount shall be deemed to be the amount of sewage allocable to Chula Vista as last computed for purposes of Section 13 of this agreement. Rf'r.t i nn 1 R . INTERRUPTION OF SERVICE. In the event of an interruption of service to Chula Vista by the District's outfall sewer, as a result of disaster, operation of State or Federal law, discontinuance of or interruption of service to the district of the San Diego Metropolitan Sewerage System, or any other cause beyond the control of the District, District shall bear no liability and shall be held free and harmless by Chula Vista from any claims and liabi1~ties for any injury to or damage to any person or persons or property or for the death of any person or persons arising from or out of such interruption of service or for any other damages or costs incurred by Chula Vista as a result of such interruption of 27 ~ II -:J j, service. s"C'.t i on 1 9. ARBITRATION. All controversies arising out of the interpretation or application of this agreement shall be settled by arbitration in accordance with this section. The matter in controversy shall be submitted to a single arbitrator mutually selected by the parties. The arbitration shall be conducted pursuant to section 10240.8-10240.13 of the Public Contract Code. The arbitration decision shall be decided under the law of this State, shall be supported by substantial evidence an? in writing, and shall contain the basis for the decision, the findings of fact and the conclusions of law. A party may, within the applicable time period and upon the ground specified in this section and in Article 1 (commencing with section 1285) of Chapter 4 of Title 9 of Part 3 of the Code of Civil Procedure, petition the court to confirm, correct, or vacate the decision rendered by the arbitrator. A court shall vacate the decision, or part, or part thereof, if it determines either that the decision, of part thereof, is not supported by substantial evidence or that is not decided under or in accordance with the laws of this State. ß~tion 19 'i. OPTION TO EXTEND. In the event neither Chula Vista nor the District is in default under this agreement and District is allowed to exercise its option to extend, for a period of ten (10) years, the agreement between the City of San Diego and 28 ~ //~J7 the District entitled "Sewage Disposal Agreement of 1960" pursuant to Section 26 of said agreement of 1960, Chula Vista may, at its option, extend this agreement for a period of ten (10) years upon the same terms and conditions as are herein set forth. Such option to extend must be exercised in writing by Chula Vista not earlier than eighteen (18) months and not later than one (1) year prior to the expiration of the term of this agreement, and Chula Vista shall have the same capacity service during such extended term as it had at the expiration of the term of the previous version of this ! agreement. Sp.ction 7.0. NOTICE. Notices required or permitted under this agreement shall be sufficiently given if in writing and if either served personally upon or mailed by registered or certified mail to the clerk or secretary of the governing body of the affected party to this agreement. Sp.ction 7.] . LIABILITY. Nothing herein contained shall operate to relieve Chula Vista of any liability for damages to persons or property arising from or out of the installation, construction, operation, maintenance, repair, replacement and/or recon£~uction of the aforesaid sewer connections and appurtenances or. from any action or inaction of Chula Vista or of its officers, agents or employees in connection therewith. Nothing herein contained shall operate to relieve District of 29 ~ //-J1J any liability for damages to persons or property arising from or out of the installation, construction, operation, maintenance, repair, replacement and/er reconstruction of the aforesaid sewer connections and appurtenances or from any action or inaction of District or of its officers, agents or employees in connection therewith. Secricm /./.. INDEMNITY - INSURANCE. A. Ch1Jli'! ViRri'! Tndpmniry. To the extent it may legally do so, Chula Vista shall defend and save and hold free and harmless the District and its agents, officers and employees from any claim, liabilities, penalties or fines for injury to or damage to any person or property or for the death of any person arising from or out of any act or omission of Chula Vista, its agents, officers, employees or contractors, arising from or out of any defects in the installation, construction, operation, maintenance, repair, replacement and/or reconstruction of said sewer connections and/or appurtenances, including sewage flow meters installed according to Section 8 of this Agreement. B. DiRrricr Tndpmnity. To the extent it may legally do so, District shall defend and save and hold free and harmless Chula Vista and its agents, officers and employees from any claim, liabilities, penalties or fines for injury to or damage 30 ~ / / -J 1 to any person or property or for the death of any person arising from or out of any act or omission of District, its agents, officers, employees or contractors, arising from or out of any defects in the installation, construction, operation, maintenance, repair, replacement and/or reconstruction of said sewer connections and/or appurtenances. S"",tion 23. TIME OF ESSENCE. Time is of the essence of this agreement. S"",tion 24. SEVERABILITY. If any section, J subsection, sentence, clause, phrase or word of this agreement, or the application thereof, to any party, or any other person or circumstance is for any reason held invalid, it shall be deemed severable and the validity of the remainder of the agreement or the application of such provision to the other parties or to any other persons or circumstance shall not be affected thereby. Each party hereby declares that it would have entered into this agreement and each section, subsection, sentence, clause, phrase and word thereof irrespective of the fact that one or more sections, subsections, sentences, clauses, phrases or words, or the application thereof to any Pß~ty or any other person or circumstance be held invalid. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials pursuant to resolution adopted by the Board of Directors of the Spring Valley 31 ~)//1t1 Sanitation District dated ; Resolution No. adopted by the City Council of the City of San Diego dated ------, and Resolution N~. ---- adopted by the City Council of the City of Chula Vista dated Approved as to form and legality THE CITY OF SAN DIEGO this ------ day of 19_. By City Attorney of the City of San Diego. Approved as to form and legality CITY OF CHULA VISTA this ------ day of By 19_. City Attorney of the City of Chula Vista. Approved as to form and legality this ------ day of 19__.~~- SPRING VALLEY SANITATION DISTRICT .'. BY County Counsel Chairman of the Board of Directors By , Deputy 32 ~ JI-Ý/ COUNCIL AGENDA STATEMENT Item / ~ Meeting Date May 20. 1997 ITEM TITLE: Quarterly Fiscal Status Report for the Third Quarter of Fiscal Year 1996-97 Director of Financeiyð City Manager ø In accordance with Charter Section 504(f), attached for your consideration is the fiscal status repDrt fDr Fiscal Year 1996-97 as of March 31, 1997. SUBMITTED BY: REVIEWED BY: (4/5ths Vote: Yes _NoLI RECOMMENDATION: That Council accept the report as submitted. DISCUSSION: Section 504(f) of the City Charter requires quarterly and annual fiscal status reports to be filed by the Director of Finance through the City Manager. Attached for your cDnsideration is a repDrt cDvering the periDd July 1, 1996 through March 31, 1997. The report reflects that the aggregate sources of funds (revenues and transfers-in) are projected tD be slightly less than the aggregate uses of funds (expenditures and transfers-out) by approximately $5,000. This variance is so slight as to lead to the conclusion that operatiDns for the year will basically be balanced; i.e. current year funding will cover current year expenditures. Projections for most categories of recurring revenues are generally less than budget estimates. with certain notable exceptions such as Sales Taxes, MDtor Vehicle Licenses, and various development related permit revenues. Offsetting these general shortfalls is a significant amount of one time revenue that staff had anticipated, but was not certain enough to include in the adopted budget. The result is a negative overall revenue projection fDr the year amounting to less than one percent of the budget. As far as expenditures, it is projected that all departments but one will be able to manage within the adopted budget, resulting in an overall savings in appropriations of approximately $925,000, or 1.5 percent of the budget. FISCAL IMPACT: There is no fiscal impact relative to accepting Dr rejecting the report, since it is fDr information purposes only. The City General Fund began Fiscal Year 1996-97 with an Available Fund Balance Df $3.7 million and based on the infDrmation available at this time, it appears that this amount will not increase or decrease significantly as the result of operations this fiscal year. /ø2, -I I COUNCIL INFORMATION DATE: May 8, 1997 TO: FROM: Honorable Mayor and City Council John D. Goss, City Manag~' / / Robert W. Powell, Director~f Finance If VIA: SUBJECT: QUARTERLY FISCAL STATUS REPORT In accordance with section 504(f) of the City Charter which requires a quarterly fiscal status report, please find attached the following summary schedules for Fiscal Year 1996-97 through the third quarter ending March 31,1997: Schedule A ..... General Fund Budget Amendments Schedule B..... General Fund Revenues, Summary by Revenue Category Schedule C ..... General Fund Revenue Projections Compared to Budget Schedule D ..... General Fund Budget Status Schedule E ..... Budget Transfers Approved by Administration The following table is a summary that compares the current General Fund budget, including any amendments subsequent to original adoption, with the projections for the fiscal year. The adopted budget included appropriations totaling $14,588 more than the estimated revenues and transfers-in. As of March 31, 1997, Council had approved supplemental appropriations totaling $423,745 more than estimated revenues resulting in an amended budget which contemplates absorbing $438,333 In reserves. Refer to Schedule A for the detail of the Council approved supplemental budget items to be funded from reserves. The overall projection at this time anticipates that the aggregate sources of funds (revenues and transfers-in) will be slightly less than the aggregate uses of funds (expenditures and transfers-out) by less than $5,000, thereby decreasing Available Fund Balance by that amount. This represents an improvement of approximately $175,000 over the projections as of the end of the second quarter when a decrease of $179,950 was projected. The improvement is the net result of a significant improvement in overall expenditure savings projections, offset by a decrease in the revenue projections. ADOPTED AMENDED PROJECTED BUDGET BUDGET ACTUAL VARIANCE Revenues/ $60,130,754 $61,242,522 $60,751,304 ($ 491,218) Transfers-In Expenditures/ ($60,145,342) ($61,680,855) ($60,755,855) $ 925,000 Transfers-Out TOTAL ($ 14,588) ($ 438,333) ($ 4,551) $ 433,782 / e:¿ - :1.. 2 REVENUES/TRANSFERS-IN Actual revenues are projected to fall short Df budget estimates by $491,218 (0.8%). Although this variance is fairly insignificant, it is important to note that without a significant amount of somewhat anticipated, but unbudgeted one time revenues, it is currently projected that revenues would fall short of budget estimates by more than $1 million this fiscal year. As reflected in Schedule C, actual revenues In most categories are projected to fall short of budget estimates, but overall, are offset by a very large positive projection of one time revenues shDwn under the category of Other Revenues. The significant one time revenues are PERS Surplus ($987,994), which was budgeted at $400,000, SDG&E Industrial Revenue Bond Origination Fees ($ 247,250), an unexpected State Government reimbursement for work done years ago on Telegraph Canyon Flood Control Channel ($108,000), a refund of surplus funds from our self-Insurance pool ($105,182), a card room license settlement ($40,000), and a refund of overcharges from the County Registrar of Voters ($37,545). Other than the one time revenues, the most significant positive projection is for Sales Tax Revenues, which are projected to exceed budget estimates by approximately $392,900, or 3.1 %. The amount of the projected shortfall in those revenue categories that are projected to fall short of budget estimates ranges from 1.7% in Property Taxes to 8.6% in Licenses and Permits. The explanations for all significant projected shortfalls are included in the narrative following Schedule C. EXPEN DITU RES/TRANSFERS-OUT Actual expenditures/transfers out are projected to be almost $925,000 less than budgeted based on departmental projections at this time. With one exception, all departments are projecting to be able to manage within their allotted budget. The departments of Public Works ($496,000), Community Development ($305,570), and Police ($202,730) are projecting significant savings. In the case of Public Works, the savings are primarily due to staff vacancies, while in the Community Development and Police Departments, the savings are primarily due to budgeted grant expenditures that will not take place until next fiscal year. The Department of Parks & Recreation is projecting to overspend their allotted budget by $70,800 this fiscal year. The department is projecting a need for this level of additional appropriations in Salaries & Wages accounts to cover the unanticipated cost of hourly employees required for rentals, classes, athletic fields, etc. ADMINISTRATIVE BUDGET TRANSFERS There were three appropriation transfers between expenditure categories approved by Administration during the third quarter totalling $28,329 (See Schedule E). /,2.'3 Schedule A GENERAL FUND BUDGET AMENDMENTS Fiscal Year 1996-97 as of March 31,1997 This schedute includes only those additionat appropriations approved by Council since the original budget was adopted which are not funded by specific unanticipated or over-realized revenues: Additional Appropriations Professional Services related to biological analysis of University site alternatives Legal fees and costs in connection with MCA Amphitheater litigation FY96-97 IAFF MOU Reinstatement of salary reductions for City Council, Executive and Middle Managers Amendment of Unrepresented Employees' fringe benefits Amendment of WCE MOU for FY 96-97 thru FY 97-98 Reporting Costs for Civil Service Commission Discrimination & Harassment Investigations Executive Salary Adjustments Sewer Billing Program Reimbursements Contract Labor Negotiator for peA 10,000 32,042 164,831 133,317 8,580 24,075 13,500 35,000 5,500 (13,100) 10,000 Year to Date Total through March 31, 1997 $423,745 J;¿ -y GENERAL FUND REVENUES Summary by Revenue Category Fiscal Year 1996-97 as of March 31,1997 AMENDED BUDGET ACTUAL TO DATE Property Taxes $8,447,960 $4,952,872 Other Local Taxes Sales Franchise Transient Lodging Tax Utility Users Tax Business License Tax Other Total Other Local Taxes 12,721,000 2,360,790 1,500,000 2,757,000 740,000 297,980 20,376,770 7,845,789 1,169,997 787.147 1,934,322 657,725 185,124 12,580,105 Licenses & Permits Building. Plumbing Electrical, Housing Other Total Licenses and Permits 1,716,590 273,500 1,990,090 1,228,717 156,963 1,385,680 Fines Forfeitures & Penalties 603,500 469,249 Revenue from Use of Money & Property 536,109 216,176 Revenue from Other Agencies State Motor Vehicle License Fee Other Total Revenue from Other Agencies 5,871,000 3,148,082 9,019,082 3,938,634 1,023,197 4,961,831 Charges for Current Services Development Related Services Other Police, P&R & Misc Charges Total Charges for Current Services 2,171,299 891,382 3,062,681 1,624,454 535,253 2,159,707 Other Revenues Reimbursement from Large Development Proj Reimbursement - Redevelopment Agency Other Reimbursements BECA Revenues Other Total Other Revenues 688,560 1,905,740 6,826,682 1,046,319 1.003,120 11,470,421 346,473 546,332 2,882,742 287,481 1,562,426 5,625,454 TOTAL REVENUES 32,351,074 55,506,613 TOTAL TRANSFERS IN 5,735,909 (1) 4,354,804 (2) TOTAL REVENUES AND TRANSFERS IN $61,242,522 $36,705,878 (1) Includes $288,964 loan repayment from Otay Valley. (2) Includes $345,893 proceeds of long term loan repayments from Otay Valley and AD 90-2. /.2/S 02-May-97 Schedule B PERCENT REALIZED 58,6% 61.7% 49,6% 52,5% 70,2% 88,9% 62,1% 61.7% 71.6% 57.4% 69.6% 77,8% 40.3% 67,1% 32.5% 55.0% 74.8% 60.0% 70.5% 50,3% 28.7% 42.2% 27.5% 155,8% 49.0% 58.3% 75.9% 59.9% Schedule C GENERAL FUND REVENUES Fiscal Year Projections Compared to Budget Fiscal Year 1996-97 as of March 31, 1997 AMENDED PROJECTED PROJECTED BUDGET ACTUAL VARIANCE Property Taxes $8,447,960 $8,302,000 ($145,960) Other Local Taxes Sales 12,721,000 13,113,900 392,900 Franchise 2,360,790 2,100,000 (260,790) Transient Lodging Tax 1,500,000 1,380,000 (120,000) Utility Users Tax 2,757,000 2,757,000 0 Business License Tax 740.000 740,000 0 Other 297,980 250,000 (47,980) Total Other Local Taxes 20,376,770 20,340,900 (35,870) Licenses & Permits Building, Plumbing Electrical, Housing 1,716,590 1,590,951 (125,639) Other 273,500 227,000 (46,500) Total Licenses and Permits 1,990,090 1,817,951 (172,139) Fines Forfeitures & Penalties 603,500 608,590 5,090 Revenue from Use of Money & Property 536,109 634,065 97,956 Revenue from Other Agencies State Motor Vehicle License Fee 5,871,000 5,900,000 29,000 Other 3,148,082 2,524,500 (623,582) Total Revenue from Other Agencies 9,019,082 8,424,500 (594,582) Charges for Current Services Development Related Services 2,171,299 2.178,796 7,497 Other Police, P&R & Mise Charges 891,382 810.890 (80,492) Total Charges for Current Services 3,062,681 2,989,686 (72,995) Other Revenues Reimbursement from Large Development Proj 688,560 540,600 (147,960) Reimbursement - Redevelopment Agency 1,905,740 1,631,103 (274,637) Other Reimbursements 6,826,682 6,747,071 (79,611) BECA Revenues 1,046,319 834,157 (212,162) Other 1,003,120 2,165,309 1,162,189 Total Other Revenues 11,470,421 11,918,240 447,819 TOTAL REVENUES 55,506,613 55,035,932 (470,681) TOTAL TRANSFERS IN 5,735,909 (1) 5,715,372 (2) (20,537) TOTAL REVENUES AND TRANSFERS IN $61,242,522 $60,751,304 ($491,218) (1) Includes $288,964 loan repayment from Otay Valley. (2) Includes $345,893 proceeds of long term loan repayments from Otay Valley and AD 90-2. j;;'--¿ 06-May-97 Schedule C SUMMARY OF VARIANCE ANALYSIS Fiscal Year 1996-97 as of March 31, 1997 Overall, actual revenues are proj ected to fall short of budget estimates by more than $0.5 million or 0.80 percent. Without a significant amount of somewhat anticipated, but unbudgeted one time revenues, it is projected that revenues would fall short of budget estimates by more than $1 million this fiscal year. The revenue projection is the net result of positive and negative variances among the many revenue accounts described below. With a few exceptions, negative variances are the cumulative result of shortfalls in numerous accounts and are spread throughout most revenue categories. ProDertyTaxes - Projected revenue $8,302,000, variance ($145,960), (1.7%) Chula Vista is expected to see a 1.1% growth in property tax revenue over last fiscal year. This growth rate is lower than that anticipated in the budget, apparently due to the County Assessor continuing to process a large backlog of assessment appeals. Sales Tax - Projected revenue $13,113,900, variance $392,900,3.1% Sales tax revenues are exceeding projections due to an overall improvement in the economy. Since one full year of peso devaluation has been experienced, sales tax receipts, as compared to the previous year, are expected to reflect any overall improvements in economic conditions. Franchise Taxes, Transient Occupancy Tax, utility Users Taxes, Business License Tax and Real DroDerty Transfer Tax - Projected revenue $7,227,000, variance ($428,770), (5.6%) Franchise fees were expected to increase over last fiscal year, representing normal growth, but have instead decreased slightly due to refunds made by SDG&E to their customers as the result of overcharges over the last two years. These refunds and slower than expected growth is resulting in a budget variance of ($260,790). Transient Occupancy Taxes show projected growth of 2.8%, but also have not grown at the level anticipated, resulting in a variance of ($120,000). Real Property Transfer Tax is reflecting a variance of ($47,980) due to slower growth than anticipated, consistent with other property-related tax receipts. 1tP. '? Schedule C Licenses & Permits ($172,139), (8.6%) Housing permit revenue is down by ($284,800) due solely to not implementing a housing permit fee for single- family and duplex rental units which was included in budgeted revenues. It is unlikely this fee will be implemented this fiscal year. On the other hand, building, plumbing and electrical permits which are related to development and remodeling activities are performing better than budgeted and are currently projected to result in a positive variance of $160,000, a 13.2% increase over last fiscal year. Projected revenue $1,817 t 951t variance Fines. Forfeitures & Penalties variance $5,090, 0.8% This variance is composed of some positive variances and some negative variances. A $20,000 variance is due to parking citation penalty increases last year generating higher than anticipated revenue. A ($10,OOO) variance is due to a delay in implementation of a new penalty for fire safety inspection violations which was included in the budget but is not expected to be implemented this year. projected revenue $608,590, Revenue from Use of Monev and ProDertv $634,065, variance $97,956, 18.3% This variance is primarily due to one-time interest revenue of $70,975 from loan repayments from the Redevelopment Agency-Otay Valley Project Area and the Otay Valley Road Assessment District. Projected revenue Revenue from Other Aqencies variance ($594t582), (6.6%) For the second year in a row State Motor Vehicle License Fees is projected to exceed the growth estimate included in the budget, resulting in a $29,000 variance. The majority of other revenues in this category, primarily grants, are projected to fall short of budget estimates mainly due to slower than projected implementation time frames. In other words, there will also be a compensating reduction in related grant expenditures this fiscal year, which is reflected in the expenditure analysis. Projected revenue $8t424,500, Charqes for Current Services variance ($72,995), (2.4%) This variance consists of both negative and positive variances in a large number of accounts. One area to point out is that in general, anticipated revenues from new or increased park and recreation fees have not met expectations due to various reasons. Projected revenue $2,989,686, J ;L...f" ScheduJ.e C Other Revenues - Projected revenue $11t91Bt240, variance $447tB19, 3.9% This category includes several significant revenue accounts, some with positive variances and some with negative variances. The account shows a net positive variance due to the receipt of unbudgeted one-time revenues of $1,125,971 resulting from receiving $587,994 more than anticipated in PERS surplus, receiving $247,250 from SDG&E Industrial Development Bond origination fees, and receiving other unanticipated refunds and surpluses totalling $290,727. Offsetting these one-time revenues are several revenue sources reflecting shortfalls. Reimbursements from Large Development Projects is down by $207,960 in Otay Ranch reimbursements due to less staff time required than originally anticipated. Redevelopment Agency reimbursements show a projected negative variance of ($274,637) as less staff time than anticipated has been focused within project areas. Grant revenues related to the BECA program are projected to fall short of budget estimates by $212,162 due to the level of reimburseable expenditures being proportionately lower. Other Reimbursements show a ($79,611) variance reflecting optimistic budget projections from reimbursements from other agencies, development impact fees, abandoned vehicle abatement and various parks and recreation services. J;¿ --1 Schedule D GENERAL FUND BUDGET STATUS Summary by Department Fiscal Year 1996-97 as of March 31, 1997 Amended Expenditures Outstanding Available Percent Department Budget & Transfers Out Encumbrances Balance Available 105 City Council $404,304 $285,200 $50 $119,054 29.4% 110 Boards and Commissions 46,808 22,283 4,392 20,132 43.0% 129 Community Promotions 278,237 186,571 31,806 59,860 21.5% 150 City Attorney 915,798 718,474 32,178 165,146 18.0% 160 City Clerk 254,043 168,069 2,921 83,053 32.7% 210 Administration 750,122 552,913 7,424 189,785 25.3% 213 Mgmt & Information Services 885,652 632,279 31,450 221,923 25.1% 245 Human Resources 792,640 581,679 748 210,213 26.5% 260 Community Development 2,431,547 1,203,303 358,289 869,954 35.8% 400 Finance 1,435,845 1,000,505 1,666 433,675 30.2% 600 Planning 1,738,443 1,296,086 1,618 440,739 25.4% 700 Insurance 737,960 540,324 4,095 193,541 26.2% 730 Non-Departmental & Transfers 2,433,646 460,650 34,664 1,938,332 79.6% 1000 Police 19,642,647 14,293,683 173.486 5,175,478 26.3% 1200 Fire 7,631,082 5,718,554 2,972 1,909,556 25.0% 1300 Building & Housing 1,080,701 700,360 8,342 371,999 34.4% 1400 Public Works 11,121,828 7,544,444 250,492 3,326,892 29.9% 1500 Parks & Recreation 5,273,311 3,744,970 75,393 1.452,949 27.6% 1700 LIbrary 3,826,241 2,625,560 163,810 1,036,871 27.1% TOTAL GENERAL FUND $61.680,855 $42,275.907 $1,185,798 $18,219.150 29.5% /.2-jð Schedule E BUDGET TRANSFERS APPROVED BY ADMINISTRATION January 1, 1997 through March 31, 1997 DeDartment Amount Non-Departmental From: Other Contractual Services To: Wages $7,000 To utilize savings from the Legislative Lobbyist contract for wages for management and implementation of the legislative program. Police From: To: Police AuxilIary Services Overtime Animal Regulation Overtime & Wages $6,929 To meet staffing and overtime needs in Animal Regulation. Library From: To: Professional services Wages $14,400 To meet legal labor guidelines temporary staff were placed on payroll rather than contracted. /,2-// COUNCIL AGENDA STATEMENT Item 13 Meeting Date 5/20/97 ITEM TITLE: Report on Proposal for additional pedestrian access points/gates connecting the approved residential development on Rancho Del Rey Parcel R-6 to the westerly adjacent Voyager Community Park (DRC- 97-01) SUBMITTED BY: Director of Planning í11t¿ f\\11lJl '1 Director of Parks and Re;çr 'on~ REVIEWED BY: City Manager 'V~ ~~ ,1)' (4/5ths Vote: Yes_No..x) \.....PI../1 Referra 1 # 3046 On February 18, 1997 the City Council co I 1dered and conditionally approved a Tentative Subdivision Map known as Rancho Del Rey SPA III Parcel R-6 Chula Vista Tract 97-01 (PCS-97-01) for 25.8 acres located on the south side of East "J" Street between Paseo Ranchero and Vaquero Ct. within the Rancho Del Rey Planned Community. Along with the Tentative Subdivision Map, the City Council also approved amendments to the Rancho Del Rey Sectional Planning Area(SP A) plan and conditionally approved the site plan and architectural proposal for a 240 unit residential condominium complex to be located on 15.2 acres of the Tentative Subdivision Map site. At the meeting, the City Council expressed concerns about the limited pedestrian access points connecting the project to the westerly adjacent community park, but approved the project with an added condition requiring additional pedestrian access points along the west property line of the project. RECOMMENDATION: That the City Council accept this report. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The site, which is located at the east end of the Rancho Del Rey SPA III planned community, and involves parcels R-6 and OS- 7, is limited to the south by Telegraph Canyon Road, to the west by a vacant parcel (future Voyager community park), to the north by single family residential development across East "J" Street, and to the east by a condominium residential complex located approximately 20 to 30 ft above the subject site (see Locator). The approved site plan features a pedestrian circulation system linking all units with the project amenities, public streets and a single access point to the future westerly adjacent Voyager Park (see Exhibit A). The City Council endDrsed the project's internal pedestrian circulation system but expressed concerns about the limited pedestrian linkage to the westerly adjacent 1-5-/ Page 2, Item - Meeting Date 5/20/97 community park. To mitigate this concern, Council added a condition requiring that additional pedestrian access point be provided along the western edge of the project, and that the final solution for this site along with an overall City policy addressing park access from residential projects be brought back to Council for final review and approval. As directed by Council, City staff from Police, Parks and Recreation and Planning Departments have analyzed the possibility of incorporating additiDnal pedestrian access pDints along the western boundary of the project and have concluded that one additional access point at the most northerly dead-end street oflot 2 is the most logical location (see Exhibit B). This additional access point would be easily seen from East "J" Street by police patrolling the area and is easily accessible by all residents of the proposed residential neighborhood. A third possible access point at the most southerly dead-end street of lot 2 was considered. However, staff concluded that this access would be in a more remote area with limited visibility to police. In addition, this access would be in close proximity to a soccer field and not near park pedestrian walks. To accommodate this third access point, staff is of the opinion that the park master plan would have to be modified in order to incorporate a pedestrian linkage to the gate and provide a solution to protect the soccer field from pedestrians crossing and creating paths across the field (see Exhibit B). Staff recommends that a solid wall be installed at this dead-end to buffer the noise generated by the soccer field activities. Based on the above, staff recommends that gates at the two northerly dead-end streets of lots 1 and 2 be incorporated to the project and that a solid theme wall be incorporated at the most southerly dead-end street. The applicant shared staff's concerns regarding the safety and noise generated by park activities issues associated with the third access point, and therefore concurs with staff's recommendation. Because of existing staffing constraints in the Parks and Recreation Department, the development of a City wide policy addressing park access from residential projects will come back to Council at a later date. Fiscal Impact: The applicant has paid for all costs associated with the processing of this item. Attachments 1. Exhibits: NOT SCAi.~ED (M ,IHOMEIPLANNIN GIL UlS/PCM-970 LA!3) J.s'ø4 COUNCIL AGENDA STATEMENT ITEM TITLE: Item 11 Meeting Date 05.20.97 Resolution ¡Ç¿' 7.-{ Authorizing the Appropriation of $11,000 from Community Development Block Grant (CDBB) Funds and $14,000 from the General Fund as a One. time Payment to the Boys & Girls Club, Subject to the Club Matching the Grant, with the General Fund portion reimbursed by CDBG Administration funds in the Form of Increasing the Funding Level of the Human Services Coordinator SUBMITTED BY: Community Development Director 0;1, M.oo~' ø (;7' REVIEWED BY: (41!iths Vote: Yesl No_I BACKGROUND: At the City Council meeting of March 11, 1997, staff presented Council with a partial solution to the financial concerns outlined by the Boys and Girls Club ("Club"). The Club indicated that the financial concerns, if left unresolved, could force the closure of the "l" Street facilityl1l immediately. The Club estimated that their financial need for the remainder of the 1996-97 fiscal year was approximately $80,000, and that it was also in need of approximately $25,000 per year thereafter to pay for its maintenance and utility expenses. In response to this need, staff originally recommended to Council to consider the granting of $27,966 from unspent CDBG funds, which was subsequently revised to $11,000, to help the Club. After extensive testimony at the Council meeting, Council approved a matching grant of up to $25,000. However, since only $11,000 was available at that time, staff was directed to come back to Council with a recommendation for funding the additional $14,ODO necessary to meet the $25,000 commitment. Additionally, staff was directed to explore longer term funding solutions which is to include a better understanding as to the fiscal condition of the Club (see Attachment A, Minutes). Council also asked staff to: 1) explore the possibility of a youth "set aside" fund from revenues generated by the MCA and Waterpark projects, 2) inquire with the three county Indian tribes for possible support due to the impact that Indian gaming has had on bingo revenues, 3) contact the Sweetwater Union High School District for possible additional maintenance and operations cost.sharing participation for the "L" Street facility, and 4) as a related issue, replace the missing median dividers on "L" Street. This report provides a current fiscal year short.term recommendation to fund the Council-approved $25,000 matching grant, (provided that the Club is successful in their fundraising efforts to match the grant) in order to The "I" Street facility, as Council may recall, came about as a result of the remodeling of the Chula Vista Center project and the commitment, at that time, to keep a presence in western Chula Vista. The remodeling project necessitated the demolition of their original facility, with Homart providing $1,000,000 for construction of the new building. IJ{-I Page 2, Item - Meeting Date 05-20-97 keep the "L" Street facility open through June 30, 1997. Additionally, the report addresses the proposal received from the Club on April 7, 1997, which incorporates several of the items listed above plus provides an option for Council to consider as part of the FY 97.98 budget process in exchange for the Club committing to keep the "L" Street facility open for next fiscal year. RECOMMENDATION: It is recommended that the City Council adopt the resolution which authorizes the appropriation of $11,000 from Community Development Block Grant funds and $14,000 from the General Fund as a one. time payment to the Boys and Girls Club (subject to matching the contribution) specifically for keeping the "L" Street facility open through June 30, 1997. The General Fund portion will be reimbursed from current vear CDBG Administration funds in the form of increased funding of the Human Services Coordinator position. In response to Council direction to seek a long.term solution to this problem, it is proposed that Council direct staff to place in the CDBG FY 97.98 CDBG budaet. for consideration, an increased funding level of the Human Services Coordinator position from CDBG Administration and Planning funds by $15,000 (from $15,000 to $30,000) for the purposes of a grant to the Club to keep the "L" Street facility open for next fiscal year. BOARDSICOMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: I. FY 1996.97 $25.000 COMMITMENT At the City Council meeting of March 11, 1997, Council approved a matching contribution of up to $25,000 for the Club as a short term solution to their financial situation for the current year. This contribution was to be made up of approximately $11,000 from unexpended funds in the public service category of the FY 95-96 CDBG budget and the balance of $14,000 to be paid, if possible, from other CDBG funds or from an unappropriated reserve. Since the previous report, staff has had additional time to further explore the use of CDBG funds for the Club. Staff recommends CDBG be used to fund a larger portion of the Human Services Coordinator position which could be used to reimburse the General Fund for the matching contribution. CDBG funds can be used for reimbursing the General Fund for a larger portion of the Coordinator position. In turn, the General Fund will be relieved of a funding obligation that could be used as the matching contribution to the Club. Pursuant to HUD regulations, the Human Services Coordinator position within the Parks, Recreation and Open Space Department performs numerous tasks considered eligible for reimbursement from CDBG funds. In researching the job responsibilities, a majority of the Coordinator's work is geared toward grant writing and administration. Additionally, the Coordinator also acts as staff liaison for various non-profit agencies. Charging a greater portion of the salary to CDBG would therefore be an eligible expenditure and would justify reimbursing the General Fund the amount of monies needed for the matching contribution to the Club. Pf- .2 Page 3, Item - Meeting Date 05-20.97 Currently, CDBG funds $15,000 (39%) toward the Coordinator position from the Administration and Planning category. Staff therefore can recommend increasing the CDBG portion by the necessary $14,000 to $29,000 (76%) this fiscal year since the job responsibilities directly tie in with COBB eligible activities. Additionally, since the increase would occur in the COBG Administration and Planning category, other public service providers will not be adversely impacted. II. CLUB'S PROPOSAL AND STAFF'S RESPONSE In response to Council direction to work with the Club to develop a "longer term" solution, staff issued e letter dated March 31, 1997, requesting the necessary information from the Club. The Club responded with a proposal to the City on April 7 (provided as Exhibit 1) which included five (5) specifically requested items below. Staff's response appears under each item. 1. A $40,000 matching grant with $25,000 to be matched by June 1, 1997, and the additional $15,000 by June 30, 1997. Response: 2. Staff's recommendation for the current year (described above) along with an option for Council to consider as part of the upcoming budget process (described later in detail) meets the Club's request in principle. If both recommendations are accepted, the only remaining issues are verification of the "match" by the Club, and more importantly, approving the necessary agreement with the Club, prior to June 30, 1997, to keep the "L" Street facility open for next fiscal year in exchange for the additional $15,000 request. Response: Non-financial City support encouraging businesses and individuals to invest in the Club, 3. This is a policy issue for Council to decide and act upon although staff believes that Council has already demonstrated their commitment. Based upon the support by the City shown to date, both financial and non.financial, the Club should be secure in knowing that the City will continue to do everything it can, within reason, to support the Club. It is staff's opinion that the Club can be assured of the City's ongoing support; but that the Club also needs to demonstrate a proactive plan for assuring that the Club has a bright future, including the continued operation of the "L" Street facility which in turn, will encourage additional private sector investment. Feasibility of transit advertising as a means of financial support. Response: The request to use transit advertising as a means for generating revenue is not a new item to Council. In the past, this item has been discussed and Council has elected not to pursue it. As Council may recall, revenue generated from bus ads were contemplated to be earmarked for support of the "Youth Action Program." The prevailing legal opinion at that time concluded that the funds could only be used to support transit operations and could not be directly earmarked for other sources. Although staff believes that a funding mechanism could perhaps be structured in order Il.( - "3 Page 4, Item - Meeting Date 05-20-97 to allow such funds to be used for "youth serving" purposes, current legal staff would need to re.examine this matter and provide an updated opinion and recommendation. Staff does not see the need to do this at this time and therefore recommends not to pursue it. 4. Feasibility of designating as a "youth tax", a portion of the revenue expected to be derived from the MCA Amphitheater and White Water Canyen projects. Response: There is currently not a "tax" on the Amphitheater and White Water Canyon projects. Staff does not recommend that a portion of the revenues generated from these projects be designated for "youth supporting" purposes. However, both projects as well as Kobey's Swap Meet have agreed to offer the use of their facilities to non. profit organizations for fundraising purposes. The Club plans to pursue this as part of their long. term financial enhancement strategy. 5. An additional $25,000 grant from CDBG for the next two fiscal years (97-98 and 98-99) to cover maintenance and utility costs for the "L" Street facility. Response: The Club has applied for $25,000 of CDBB funding in the coming fiscal year to cover maintenance and utility costs for the "L" Street facility. As such, the Council should not "pre.commit" to the approval of their request and should instead, wait to evaluate their proposal along with the other COBB applicants at the tentatively scheduled meeting of June 10 when staff will present the CDBB funding recommendations. Their application should be considered in competition with the other applicants. They will have to reapply for funding in the following year. Other Items Long-Term Loan In August 1986, the Council approved a no interest loan in the amount of $250,000 to help toward the construction of the Oleander facility. The loan has a 20.year term with payments made at $25,000 a year for ten (1 D) years beginning at the 10th anniversary of the facility opening. Therefore, the loan calls for the first payment of $25,000 to be made in February 1999. Staff noted that small amounts of imputed "interest expenses" were identified for the last two fiscal years which, in theory, represents the Club setting aside monies to make those principal payments beginning in 1999. Sweetwater Union High School District Staff contacted the Sweetwater Union High School District by letter dated March 24, 1997. The Parks, Recreation and Open Space Department were advised by the Superintendent that the District is not interested, at this time, in pursuing a renegotiation of the existing Joint Use Agreement. The Agreement currently calls for the operational costs at the Community Youth Center to be split between the District (40%), Club (40%) and the City (20%); based on the current usage of the facility. 11./ -1 Page 5. Item - Meeting Date 05.20.97 Indian Gaming As outlined in the Club's proposal (and discussed later in the report), the Club has made the contention that the increase in popularity of Indian gaming has had a negative impact on their bingo revenues. The data that the Club provided supports their contention. At the March 11, 1997 Council meeting, it was recommended by Council to contact the three Indian tribes in San Diego County to determine if they would participate with the City in a program to match up to $10,000 from each Indian tribe for every dollar donated. The Mayor will be sending letters making such request. "L" Street Median Dividers Council was concerned about the missing traffic median dividers in the vicinity of the "l" Street location. These have now been repaired and/or replaced. III. DISCUSSION OF CLUB'S FINANCIAL STATUS Overview of Financial Concerns as Stated by the Club The Club's proposal included substantial financial information outlining the stated causes of the Club's declining fiscal health. Through a combination of declining support from the United Way, and significant "lost" bingo revenue, the Club indicates that they've not been able to overcome these losses even though they've had revenue increases in other areas. loss of bingo revenues have had the most dramatic effect. Page 48 of their proposal charts the steady decline in bingo revenue from a high of $376,602 in FY 92.93 to $247,564 in FY 95-96. Their current year budget anticipates only $175,000 from bingo. As a result, the Club has expended $111,838 from reserve funds since July 24, 1995 (see page 12 of their proposal). Mr. Scott Mosher, Executive Director of the Chula Vista Boys and Girls Club, testified at the last meeting on this matter that the Club had only approximately $25,000 remaining in reserves. The Club indicates that they have responded to the decreasing revenues by cutting "non-essential" expenses, freezing salaries, and deferring capital improvement needs and equipment purchases. On the revenue side, they've indicated some success from additional fund raising activities, contributions and grants. Again, they've indicated that the revenue increases have not been enough to compensate for the losses experienced. In the near future, the Club is hopeful of additional fund raising revenue from, among other things, the White Water Canyon and MCA Amphitheater projects while also applying for $25,000 in COBG funding for the next two years to cover the maintenance and utility costs for the "l" Street facility. Discussion of Financial Statements. Prior Three years In response to the request from Council, staff reviewed the Club's audited financial statements for the last three years. The Club included the statements in their proposal to the City which were prepared by West, Turnquist and Schmitt, a professional accounting corporation in San Diego. The Finance Director reviewed the statements with Community Development staff and concurs that the following table accurately reflects the Club's reported "General Fund" activity for the reporting period. Staff felt it would be best to focus on the General Fund activity by identifying the revenue and expenditure trends by general categories. Mr. Mosher was provided the JIf -5 Page 6. Item - Meeting Date 05.20.97 opportunity to review this information and agrees that it accurately reflects the activity of the Club's General Fund over the last three fiscal years. He will be available to answer any specific questions Council may have. BOYS AND GIRLS CLUB OF CHULA VISTA REVENUE, EXPENSES & CHANGES IN GENERAL FUND BALANCES FY 93-94 THROUGH FY 95-96 EXTRACTED FROM AUDITED FINANCIAL STATEMENTS PROVIDED BY THE CLUB GENERAL FUND(1) 3 YR REVENUE FY 93-94 FY 94-95 FY 95.96 TOTAL Public Support $363,840 $406,946 $441.758 $1,212,544 Program/Other 326.918 340,246 357,292 1,024.456 TOTAL $690,758 $747,192 $799,050 2,237,000 EXPENSES Program Service. $592.436 $718,432 $712,953 $2,023,821 Support Service. 139,664 117,029 104,797 361.490 TOTAL $732,100 $835.461 $817,750 $2,385,311 SURPLUSIIDEFICIT $(41,342) $(88,269) $(18,700) $(148,311) BEG. FUND BALANCE $212,790 $160,765 $115,156 (2) TRANSFERS TO P&E FUND $(10,683) $(12,266) $0 END FUND BALANCE $160,765 $60,230 $96.456 NOTES (1) Accounts for the General Fund; does not include the Property and Equipment Fund (2) Beginning Fund Balance increased ($54,926) by CPA firm to account for net assets released from restrictions The information provided, suggests that the Club has been operating in a deficit at least since 1993.94 with a cumulative deficit over the three year period of $148,311. Again, as related to the audited financial statements, the reported revenue has been increasing, but not enough to keep them from operating at a deficit. The overall revenues have actually increased over the three year period from $690.758 in FYE 94 to $799,050 in FYE 96. However, the expenses have also been increasing from $732,100 in FYE 94 to $817.750 in FYE 96. Mr. Mosher indicates that this is generally because certain revenues are tied to corresponding expenditures and therefore, cutting certain expenditures will result in a corresponding decline in revenue. His contention in essence is that, even though the revenues have increased, the amount of discretionary or non-obligated revenue has decreased. It needs to be noted in the table above that the increased expenses are reported as coming from "Program Services" which account for direct costs to provide their programs; not "Support Services" which /1-ft, Page 7, Item - Meeting Date 05.20.97 accounts for their administrative and management costs. The Club reported an available General Fund balance of $96,456 for the current fiscal year although the Club advises that not all of that is/was "cash on hand", At the March 11, 1997 Council meeting, the Executive Director of the Club reported that the Club had approximately $25,000 to $28,000 in cash reserves. Current Year Financial Data In their proposal (page 8), the Club provided "estimated" revenue and expenditure amounts for FY 1996/97. Based on the information provided, the Club is projecting a current year deficit of $79,941 which is the basis for their request of a $40,000 matching grant. Revenues, again, are estimated to increase by another $33,543 from $799,050 to $832,593. Expenditures, however, are projected to have a greater increase; by $94,784 from $817,750 to $912,534. If these projections are realized, then it would be anticipated that this year's financial statements would indicate an available fund balance of only $16,515 (down from $96,456) for next fiscal year (June 30, 1997) although it is unclear as to how much "cash on hand" they would have. Given the indications from the Club, they would not have sufficient funds to continue all of their operations. Staff understands that Mr. Mosher will address the revenue/expenditure issues raised if so desired by Council. It is difficult to determine how the increased expenditures relate to specific programs/services in that some of their services are reimbursed by other agencies and, therefore, "savings" would not be realized. Therefore, it is difficult (and perhaps inappropriate) for staff to render an opinion if there are certain activities that do not necessarily render cost.effective benefits that could be cut, or if there are other creative cost.saving techniques that can be implemented before taking such a dramatic action as closing the "l" Street building. IV. FY 97.98 STAFF RECOMMENDED PROPOSAL As previously indicated, the Club requested $40,000 for the current fiscal year shortfall in order to keep the facility open through the end of this fiscal year. However, at that time, they were unable to commit to keeping the "l" Street location open. Staff, consistent with Council direction, has recommended $25,000 to be matched by the Club. An additional $15,000 could be appropriated as noted below if Council chooses. Staff would recommend this additional appropriation be contingent on a commitment to keep the "l" Street facility open. If Council directs, staff can include in the 97-98 COBG budget the same increased funding level of the Human Services Coordinator position from $15,000 to $30,000 which the General Fund could then provide to the Club. However, staff would strongly recommend that this action be contingent upon the execution of an agreement (prior to June 30, 1997) whereby the Club agrees to keep the facility open for the entire fiscal year (97-98), or return the funds. As of the writing of this report, Mr. Mosher was investigating if such a commitment can be made. More importantly, it would also meet the greater goal of keeping "l" Street open for at least another year and allow the Club time to complete their management transition. L Street Facility Expenses Obviously, $15,000 by itself is not going to make the difference as to keeping the facility open. However when viewed in a larger context, earmarking the $15,000 to "l" Street as well as providing the requested $25,000 for maintenance and utility costs, the facility will in essence be subsidized from the City by a total of $40,000 11/- 7 Page 8. Item - Meeting Date 05-20.97 for 97.98. Additionally, the Club receives reimbursements from other sources to help defray program-related costs. To put this in perspective, the following table provides a 4.year snapshot history of the expenses associated with the "L" Street facility: "L" STREET EST. PROGRAM SERVICES/EXPENSES FY 93.94 FY 94.95 FY 95.96 FY 96-97 PERSONNEL $127,462 $122,174 $108,443 $148,117 OPERATIONS 43,680 51,668 48,818 52,669 TOTAL $171,142 $173,842 $157,261 $200,786 As the table suggests, the reported expenditures on the "l" Street facility were around the $170,000 amount before actually dropping to just over $157,000 in FY 95.96. Staff has requested of the Club an explanation for this drop, but at the time of this report no additional information was available. Mr. Mosher will need to address the reason for the significant increase in personnel costs from 95.96 to 96.97. Nevertheless, after accounting for the facility subsidy of $40,000 for next year, the net costs would be around the FY 95.96 level. Assuming that the Club would receive the same amount of reimbursement for the Funshine program at "l" Street as they have budgeted this year ($23,000), at a minimum they will be receiving a direct subsidy of $63,000. Given that significant amount of a direct subsidy, it is difficult to see how the Club could elect to close the facility. Summary Comments The Club will be going through a management transition this year and has indicated plans for continuing to increase and expand their fundraising activities in order to help recover from the loss of unrestricted revenue sources. The City Council has responded to their request for assistance and has demonstrated to the Club and the public of the desire by the City to keep the facility open. Given the recommendations by staff for both this year and next, it is hoped that the Club will now have additional time to implement their fund raising strategies and be able to turn things around in the near future. An excellent example of this type of effort is the recent successful Silent Auction event held by the Club which raised approximately $41,000, and the donation of $25,000 received by the Club at the May 13, 1997 City Council meeting. FISCAL IMPACT: As previously indicated, staff's recommendation does not pose an additional impact on the General Fund. The resolution would result in appropriating unexpended CDBG funds in the amount of $11,000 and increasing the CDBG funding level of the Human Services Coordinator from $15,000 to $29,000 which is to be used for the $14,000 matching contribution to the Boys & Girls Club. If an option to consider an additional $15,000 in next year's budget is approved, then the same non. impact on the General Fund would exist. ILHI H'IHOMEICOMMOEV\STAFF.REPl05.20.97\B&GClUB.113IM" 15.199713,07",,11 P/-« RESOLUTION NO. I g~ 7 ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF $11.000 FROM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND $14.000 FROM THE GENERAL FUND AS A ONE-TIME PAYMENT TO THE BOYS & GIRLS CLUB. SUBJECT TO THE CLUB MATCHING THE GRANT. WITH THE GENERAL FUND PORTION REIMBURSED BY CDBG ADMINISTRATION FUNDS IN THE FORM OF INCREASING THE FUNDING LEVEL OF THE HUMAN SERVICES COORDINATOR WHEREAS. the Boys and Girls Club of Chula Vista ("Club") has requested financial assistance from the City of Chula Vista for the current fiscal year in order to herp remedy a revenue shortfall; and WHEREAS. the City Council of the City of Chura Vista, at the Council meeting of March 11, 1 997, approved a matching grant of up to $25.000 for the benefit of the Boys and Girls Club of Chula Vista ("Club"); and WHEREAS. staff had identified $11,000 in Community Development Block Grant funding as a portion of the Clty's $25,000 matching grant from unexpended funds In the public service category of the FY 95-96 CDBG budget; and WHEREAS. the City Council further directed staff to explore longer term funding solutions which should include a better understanding as to the fiscal condition of the Club; and WHEREAS, the Human Services Coordinator position is eligible for increased CDBG reimbursement based upon the job responsibilities and activities from the current level of $15,000 to $29,000; and WHEREAS. the General Fund can provide the additional $14.000 reimbursement received from CDBG to the Boys and Girls Club, subject to the Club matching the grant. for the expressed purpose of keeping the "L" Street facility open through June 30.1997. NOW. THEREFORE. BE IT RESOLVED the City Council of the City of Chula Vista does hereby authorize the appropriation of $11,000 from Community Development Block Grant (CDBG) funds and $14,000 from the General Fund as a one-time payment to the Boys and Girls Club. subject to the Club matching the grant, with the General Fund portion reimbursed by CDBG Administration funds in the from of increasing the funding level of the Human Services Coordinator. BE IT FURTHER RESOLVED that the General Fund shall be reimbursed from Community Development Block Grant funds in the form of Increasing the funding percentage of the Human Services Coordinator position from $15,000 to $29,000. Presented by Approved as to form by (!/~ ~ / Chris Salomone Director of Community Development IILHI Ho\HOMElCOMMDEV\RESDS\B&GCLUB.RES (M.y B, 1991 (2os0pmll /1- c¡ COUNCIL AGENDA STATEMENT Item /S Meeting Date 5/20/97 ITEM TITLE: Report on Plan for Processing of Master Planned Community Projects SUBMITTED BY: Director of Planning K Director of Public Works r REVIEWED BV, Chy """4 (415"" V"" y~--".XJ Over the past few mDnths, the Planning Department has had discussions with project applicants regarding several proposed master planned community projects which either have been submitted, or are scheduled to be submitted in the near future. On March 1, at a City Council workshop on goal setting and priorities, the City Council requested that staff return with a plan which would address how these master planned community projects will be reviewed in an efficient manner while ensuring that the City's General Plan and growth management policies are fully implemented. The following report sets forth: 1) information regarding the various project proposals which are being filed at this time; 2) discussion of areawide issues and projects which will need to be addressed in conjunction with review of these specific proposals; 3) the proposed process for review of these proposals; and 4) preliminary information regarding staffing requirements for review and implementation of these projects and areawide issues. RECOMMENDATION: That the City Council accept this report, with the understanding that staff will return with more specific information regarding new staff positions for these projects in the proposed FY 1997-98 budget and a supplemental budget report. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. /-.5--/ Page 2, Item - Meeting Date 5/20/97 DISCUSSION: Project Proposals As indicated above, the City has received several requests to process new projects within the various existing master planned communities of Eastern Chula Vista. The following is a brief summary of each of these proposals. The overall proposed schedules for these projects is summarized in Attachment 1. OTA Y RANCH The development program for the Otay Ranch over the next 18 months involves proposals by both Village Development and McMillin Companies. These proposals cover the entire range of the City's development review and approval process from General Plan amendments to final subdivision maps amendments and grading and construction of public infrastructure. ViIlal!e Development Village Development continues with the implementatiom of the SPA One Plan. Plan check is under way for the mass and rough grading plans, and Village Development has indicated Final "A" Maps will be submitted this month with "B" Maps to follow shortly thereafter. Based on Village Development's schedule, staff anticipates the Final" A" Maps will be before the City Council this June. Final "B" Maps are currently scheduled for Council approval in August of this year. We anticipate grading for the first 650 units to begin in June. In addition, Village Development has submitted General Development Plan (GDP) and SPA One Amendments for their portion of the Otay Ranch. The GDP amendments are in response to SPA One conditions of approval and their tentative MSCP agreement with the resource agencies. Village Development is alSD proposing SPA One amendments for the area in Village One west of Paseo Ranchero, now called SPA One West. In addition, Village Development is proposing to process a Master Tentative Map for the SPA One West area during the next twelve months. The SPA One conditions required Village Development to relocate the first high school and community park sites. Both of these facilities are needed sooner than originally anticipated in the GDP process. Village Development is proposing the following GDP amendments: 1. Relocate the 50-acre high school site from Village 7 to Village 2 and designate the Village 7 site residential. 2. Relocate the Village Two community park site and designate the existing site as residential. /S>2 Page 3, Item - Meeting Date 5/20/97 3. Remove the residential designation in Village Two within 1,000 feet of the Otay Landfill for a landfill buffer area. 4. Amend the Otay Ranch GDP to reflect the Village Development's tentative MSCP agreement with the wildlife agencies including: . Reduce development areas in Villages 13, 14 and 15 . Reduce Transit Village Core residential densities in Villages 1 and 6 . Delete the Coastal Sage Scrub restoration requirement . Delete the Special Resource Study area designatiDn within Village 13 . Increase development areas adjacent to Poggi Canyon within Village One and Two The applicant is also proposing to amend the Phase II Resource Management Plan to implement the in-lieu fee program, conservation banking, the tentative agreement with the resource agencies concerning the MSCP, and preserve management. The proposed SPA One Plan amendments reflect the added development areas and units in the area west of Paseo Ranchero in Villages One and Two. The third SPA One elementary school site is proposed along with a 5 acre park. Village Development initiated these amendments in January of this year. Staff will begin work on them when a new Processing Agreement is executed. McMillin Companies McMillin Companies is in the process of acquiring the 1,036 acres owned by West Coast Land Fund. They have proposed a three phase development process for the next 18 to 24 months. Those phases include: Phase One Phase One is the processing of a tentative map that is consistent with the approved SPA One Plan on 290 acres of Village One and Five. McMillin is proposing to redesign the single-family portion for their housing types and create the elementary school and park sites as approved on the SPA Plan. The balance of the map subdivides the Village Five village core into lots that are consistent with the neighborhood designations on the SPA Plan. Staff has tentatively scheduled this map for Planning Commission hearings in May and City Council hearings in June. McMillin will then prepare and process grading plans and final maps for City Council approval in June of 1998. Grading and construction of infrastructure would probably begin about June 1998. /.£> J Page 4, Item - Meeting Date 5/20/97 Phase Two Phase Two proposes to replan the Village Five core with a reduction in the required multi-family densities and corresponding changes in required park and CPF land uses. McMillin has scheduled this work after the approval of the tentative map in June with action by the City Council expected in April 1998. Phase Three Phase Three involves SPA and tentative map processing for the balance of the 746 acres in Villages 6, 7, and the Eastern Urban Center. Since their property lines split these village boundaries, they are proposing GDP and PC zone amendments to address the multiple ownership issue. This effort is anticipated to begin in February 1998 and take mDst of the year due to a required supplemental EIR for the requested entitlements. EASTLAKE Eastlake is a master planned community located at the east end of the City and divided intD two planning areas. The westerly 2,100 acres, which are for the most part developed, are within the Eastlake I and II General Development Plan; the easterly 1,000 undeveloped acres (except the Olympic Training Center) are identified as the Eastlake III General Development Plan. These two areas contain a total of four Sectional Planning Area (SPA) Plans, with a combined total of 8,294 permitted dwelling unites and approximately 1,600 acres of non-residential land uses. Eastlake Development Company's current proposal is to amend the Eastlake VII GDP and Eastlake Greens SPA Plan in order to add 140 acres obtained from the Baldwin Company (known as the "land swap area ") into the plans. In addition, Eastlake is proposing to obtain SPA Plan and Master Tentative Map approval for Eastlake Trails, a residentially planned area located directly east of Eastlake Greens, and within the Eastlake II GDP area. The process for the proposed project includes an Environmental Impact Report, General Plan amendment, Master Tentative Map, and GDP and SPA Plan amendments. Approvals are anticipated to be completed in Spring 1998, at which time the applicant would begin processing of a final map for the Eastlake Trails project. While all of this work is gDing on, EastLake will be constructing the final phases Df the Greens. SAN MIGUEL RANCH San Miguel Ranch is comprised of 2,590 acres of property located in the northeast portion of the Chula Vista General Plan area. In 1995, the current property owner, Emerald Properties Company (EPC) began processing of a revised General Development Plan for the property. In /s;.y- Page 5, Item - Meeting Date 5/20/97 December 1996, the City Council approved a revised General Development Plan, which contained two alternative land use plans (the Amended Proctor Valley GDP, and the Amended Horseshoe Bend GDP) tied to the two alternative alignments for SR-125 under consideration at that time. With the recent announcement of a preferred alignment of SR-125 by Caltrans, the applicant has elected to proceed to the next phase of planning with the Amended Horseshoe Bend GDP. The Amended Horseshoe Bend GDP is largely a residential community, and proposes approximately 1,394 dwelling units, along with 14 acres of neighborhood retail commercial, an elementary school, a 19 acre community park, a 7.5 acre community purpose facility site, and 2,065 acres of natural open space, which will be preserved as part of the Multiple Species Conservation Program. Major plan approvals being requested by the applicant at this time include a SPA Plan, Public Facilities Financing Plan, Master Tentative Map, and annexation to the City. An amendment to the County Circulation Element, involving San Miguel Road, may also be required. A Subsequent Environmental Impact Report is also being prepared. In addition, pursuant to previous City Council direction, a citizens advisory committee will be established for this phase of the project review process. It is anticipated that the overall processing time for all discretionary approvals will extend through August 1998. OTHER PROJECTS: In addition to the major projects described above, there are several other master planned community projects which are either underway, or are anticipated to be submitted during the coming months. Sunbow II Ayres Land Company recently received approval for a final map for the first phase of the Sunbow II project and is planning to begin construction activities soon. The first phase consists of approximately 440 single family dwelling units on the western portion of the site. The applicant has indicated that they intend to begin processing of development plans for the remaining portion of the project, which consists of about 1500 dwelling units, a business park, a small commercial center, and various public facilities, in the Summer of 1997. This next phase could involve amendments to existing plans, although the applicant has not made any specific proposals at this time. We anticipate construction of off-site improvements such as Palomar and Telegraph Canyon Road, as well as on-site improvements to begin in July. /.5,,5" Page 6, Item - Meeting Date 5/20/97 Rollin!! Hills Ranch (Formerlv Salt Creek Ranch) Pacific Bay Homes is currently processing final maps for the first phase of this project, which is located north of Eastlake in Eastern Chula Vista. The overall project includes a total of approximately 2600 dwelling units, of which the first phase contains 1,137 dwelling units. At this time, it is not anticipated that the applicant will be proposing changes to the existing approved plans for this project. We anticipate construction Df major off-site improvements such as East "H" Street and Hunte Parkway, as well as Dn-site improvements to begin soon. Bonita Meadows The Buie Corporation has indicated to staff that they are intending to submit development plans within the next 2-3 months for this property, which is located tD the southwest of San Miguel Ranch. Areawide Issues and Projects In order to properly evaluate the major project proposals which are being proposed at this time, staff has identified a number of "areawide" issues and projects which will need to be addressed at the same time as these projects are being reviewed. These issues and projects are described as "areawide," in that they either apply to the entire Eastern Chula Vista planning area, or in some cases to two or more project sites. The areawide issues and projects are listed and described in Attachment 2. Several of these issues, including development and transportation phasing, public facility master plans, and MSCP subarea planning, will need to be addressed in the next several months in order not to delay the processing of individual development projects in accordance with the timeframes described earlier in this report. Review Process Given the large number of proposed master planned community projects which are anticipated over the next 18 months, staff has carefully reviewed our existing internal review procedures, and we are proposing to use procedures to ensure effective interdepartmental coordination of review. These procedures are generally described below: Planning Department Review Each project will have a designated project manager from the Planning Department, who will be responsible for coordinating the overall review of the individual project, including scheduling, coordination with applicants, outside agencies, and consultants. These project managers will report to a Planning Department management committee consisting of the Director, Assistant Director, Principal Planner, and Environmental Review Coordinator. IS> ¿, Page 7, Item - Meeting Date 5/20/97 Citywide and Interagency Staff Review In addition, staff will be establishing two-interdepartmental committees to provide overall staff review for these projects. The first of these two committees, the Technical Committee, will be comprised of City staff members representing various City departments, primarily Planning, Engineering, Parks and Recreation, Community Development, Fire, and Police. The committee's function will be to meet weekly with each of the designated project managers and representatives of the applicants on each - of the projects, in order to identify and resolve issues as well as providing recommendations. This committee will also invite representatives of the school districts, water districts, and other affected public agencies to provide input on project issues. The Executive Committee will consist of representatives from each of the City departments, including Department Heads and other appropriate staff, depending upon the issue. Also, developer representatives will attend and participate as appropriate. The Executive Committee will be chaired by the City Manager or designee and will be charged primarily with resolving any disputes which are not resolved at the technical committee. The Executive Committee will be brought up to date and briefed periodically on all major issues related to each of the individual projects. The Executive Committee is likely to meet once or twice monthly, depending on the overall workload. Decisions made by the Executive Committee will be forwarded to each of the project managers for incorporation into final reports prepared for Planning Commission and City Council hearings. In addition to providing staff review for the individual projects, these two staff committees will also be involved in the review of the major areawide issues and projects discussed earlier in this report. This two-committee approach is the same as has been used very successfully in processing and resolving issues over the past several years for the Otay Ranch project. Policy Review Staff will also ensure that there are opportunities for the City Council, Planning Commission, other affected boards and commissions, and general public to provide input into the review of these projects. We will be providing Council briefings on each of these projects at an early stage in the review process, in order to allow Council to provide input into the goals and objectives for the project, and to identify issues that should be addressed in the project review. Briefings will also be provided for the Planning Commission and other boards and commissiDns, In addition, public forums will be scheduled in the community for each project, at which time staff and the project applicant will provide information regarding the project proposals and processing schedule, and will answer questions regarding project issues. /s') Page 8, Item - Meeting Date 5/20/97 Staffml! In order tD allDw for staff review of the large number of individual projects and areawide issues described above, while still maintaining the existing functions of the affected departments, each of the departments which will be participating in the review of these projects has been asked to review the proposed project schedules, and to determine the amount of staffing needed to support their review of these projects, as well as preparation of areawide plans and studies. Several departments (Community Development, Finance, Police, Library, and Fire) have determined that they will be able to participate in the plan review process with existing staff. However, the Planning Department, Engineering Division, Parks and Recreation Department, and City Attorney's Office have all determined the need for additional staff during FY 1997-98 to allow processing of these projects in accordance with the proposed schedule. The staffing requirements for these departments will be addressed in the proposed FY 1997-98 budget, and a supplemental budget report will be forwarded to Council to address specific staffing requirements which were not identified during the initial budget process. It should also be noted that consultants will be used to perform certain technical studies (EIR's and environmental processing, public facility financing plans, etc.) required fDr these projects. All consultants will be selected in accordance with consultant selection procedures as established by the City Council. FISCAL IMPACT: Project applicants will be required to pay for all processing costs associated with these projects, in accordance with the processing and staffing agreements described above. Attachments: 1) Eastern Chula Vista Community Planning Projects - Overall Schedule A 2) Areawide Planning Issues and Projects ~"~- 3) Major Projects Map ~~ (H,lhomelplannmglocvplan2.All) ~O ;5',. ~ COUNCIL AGENDA STATEMENT ITEM TITLE: Item/&' Meeting Date OS/20/97 THIRTY DAY STATUS REPORT - COMPARISON OF CITY AND COUNTY ANIMAL CONTROL SERVICES SUBMITTED BY: Chief of POliCeV REVIEWED BY: City ManageZ?' (4/5ths Vote: Yes- NolLl This report is in response to Council's request for a comparison of City and County animal control services. It provides a comparison of City and County service levels, staffing and revenue recommendations to be considered during FY 97-98 budget deliberations. RECOMMENDATION: That Council: 1) accept staff's report, 21 consider staffin9, extended hours at the Shelter and revenue recommendations durin9 the FY 97-98 budget deliberations. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. BACKGROUND: The City of Chula Vista has been in the business of providing animal control services since 1923. During that time, the City expanded it's kennel services to the City of National City, followed by full animal control services to the City of Imperial Beach and most recently the City of Lemon Grove. The expansion of services allowed us to spread our overhead costs and share the cost of adding additional people in field operations. Since then we have received interest from the City of Santee and City of La Mesa for animal control services. Additionally, we have received written communication from the City of Lemon Grove commending the City for the superior service received. In short, the City of Chula Vista is recognized as an economical (based on cost and level of service) animal control service provider in San Diego County. Recent Animal Shelter concerns have been a product of the absence of a Shelter Manager and vacant positions due to illnesses and injuries. The Shelter Manager was on leave due to illness for an extended period of time and recently retired. Staff is in the process of recruiting to fill the position. All other positions have been filled at this time. While staff was working to get the vacant positions filled and make repairs at the Shelter, a growing public concern was sensationalized by the media. As a result, there has been a lot of misinformation surrounding Animal Shelter services starting with the belief that the Animal Shelter should function like the Humane Society. It is difficult to compare an organization like the Humane Society, whose focus is on animal protection, with a City operation where the focus is on people protection. /~ -;I Page 2, Item - Meeting Date OS/20/97 The following section is intended to clarify some misinformation which has been expressed regarding Chula Vista's Shelter operation. A service/cost comparison of City and County services is in the following section. Clarification Information 1. The City of Chula Vista lacks veterinery care for sick and injured animals. This Is not true. The City of Chula Vista currently provides veterinary care for sick and injured animals on a purchase order basis at Bonita Pet Hospital which Is a 24-hour facility. The veterinarian at the Bonita Pet Hospital examines the animal and if it requires hospitalization, it remains at the hospital. Once treatment is completed, a release from the veterinarian is obtained and placed in the animals record at the Shelter so that the owner may be aware of the treatment or if the animal is suitable for adoption after the treatment, that record is also available for the new owner. In addition, on a voluntary basis a veterinarian is sometimes on site to provide treatment. Furthermore, the Shelter is fortunate to have an Animal Control Officer who is a registered veterinarian In Mexico. 2. The City lacks appropriate humane euthanasia procedures. This is not true, the City currently has trained staff on euthanasia procedures and most recently conducted a refresher course on proper methods of euthanasia. The refresher course was provided by Dr. Tomblin from the Bonita Pet Hospital. Additionally, Dr. Bischel provided recommendations for use of restraint drugs for animals which are more aggressive prior to euthanasia. Based on this recommendation, staff is in the process of installing a restraint gate in the euthanasia room that will assist in the inoculation of restraint drugs on the more aggressive animals prior to euthanasia. 3. Welfare checks on enimals are seldom conducted. Prior to the Shelter Manager's extended leave due to illness, daily checks on animals were conducted by staff. However, due to the lack of supervision and staff shortages due to injuries, checks may not have been conducted properly due to workload and staff shortages. This situation has been corrected as of March 25, 1997, and daily inventory checks of all animals are being conducted by staff. Staff is required to walk through the kennels and assure that all of the animals' needs are being met. This includes a welfare check of the animal itself. If it shows any indication of any illness or any type of sickness, the staff person will then bring this to the attention of the Acting Shelter Manager or Senior Animal Control Officer on duty. The animal will then be transferred to the veterinarian's facility unless the voluntary veterinarian is on site and treatment is provided. This procedure is performed three times a day and recorded on a daily log which is maintained in the office records. Any treatment conducted by the veterinarian is also noted on a veterinarian's report which is attached to the animal's record. I" - ;z Page 3, Item - Meeting Date 05/20/97 4. The City lacks procedures for cleening kennels. This is not true. Staff has been trained on proper procedures for cleaning kennels. However, in the absence of the Shelter Manager, concerns became more apparent and Issues were not resolved in a timely fashion. This situation has been corrected with additional training and new procedures to address concerns raised by the Humane Society. Additionally the policy and procedures guidelines are in the process of being revised by the Acting Shelter Manager. 5. The City lacks proper organization of placing and caring of animals. Care is taken in placing the larger animals in the large kennels when available and maintaining the feeble animals in a location frequently observed by staff. Additionally, aggressive animals are separated in the facility, and those animals suitable for adoption are kept separate from quarantined animals. 6. Contracting out animal control services to other cities causes the City of Chula Vista to lose money. This is not true. Our current contracts with other cities recoup costs associated with staffing, equipment and facility provisions. Staff is in the process of renegotiating open contracts to include a long-range facility's component. This will ensure that all expenses associated with animals on a contractual basis are provided for. 7. The County provides the same or higher level of field service than the City of Chula Vista. This is not true. The City of Chula Vista currently provides a higher level of field service than that provided by the County. Four Animal Control Officers (ACO's) exclusively patrol Chula Vista and two ACO's provide services to the Cities of Imperial Beach and Lemon Grove. Our Priority 1 response time averages 38 minutes. In comparison the County's Priority 1 response is 85% within 60 minutes. Other calls in Chula Vista are responded to within an average of 52 minutes. In comparison the County's response time to other calls for service ranges from 24 hours to 72 hours. In addition, the City of Chula Vista Animal Control Services respond to animal noise complaints and pick-up dead animals. These services are not provided by the County Animal Control Department. 8. Contracting with the County is less expensive. This is not true. Contracting with the County results in higher costs, a lower level of service and higher fees to our residents. 9. Do revenues from Animal Shelter services provide e net benefit to the General Fund? No, the General Fund spends $265,150 more than revenues collected on animal shelter services. It:, :3 Page 4, Item - Meeting Date OS/20/97 10. If all cities including Chula Vista were part of the County's system everyone would benefit from economies of scale and therefore, animal control services would be cheaper. This is not true. Based on the County's current methodology for sharing the cost of animal control services, the cost to the City would be higher based on the lower level of service to be provided. These costs are not inclusive of capital outlay for vehicle and facility needs. The County is currently reviewing its methodology structure to recoup all County costs associated with Animal Shelter services and as a result there are no anticipated savings to be derived from the restructure. Furthermore, in most cases the lack of service competition results in monopoly control and overpricing. 11. The City does not intend to build an Animal Shelter. The City had planned to build a new facility in the early part of the 90's; but, it did not take place due to an economic downturn and other demands for the property originally expected to house the Corporation Yard and the Animal Shelter. 12. The County provides a more comprehensive level of animal control service. This is not true. The County provides basic animal control services which include kennel operations and field operations on a priority call for service basis. The County does not deal with animal noise complaints or dead animal pickup. These are special functions conducted by other departments for an additional cost on a contractual basis. 13. The County has built in purchase of "state of the art" trucks and equipment. This is not true. There is no capital replacement program currently in existence. Vehicles and equipment are subject to budget deliberations and replaced as funds permit. 14. Animal Shelter services are the lowest priority for the Police Department. This is not true. Public safety is the highest priority for the Police Department regardless of its nature. Animal Control Services have been provided by the Police Department since 1923. The housing of animal control within Police services is not an uncommon practice. 15. The City currently lacks separate facility for housing of cats. This is true. However, under law we are in compliance with provisions for housing cats. Also, a proposal to construct a separate cattery is before City Council for consideration. 16. The metal shields will help improve weather conditions for anlmels. This Is true for cold weather in the winter. However, metal shields will reduce air circulation causing summers to be hot. Jt, --{ Page 5, Item - Meeting Date 05/20/97 17. Chula Vista animal control fees are high. This is not true. Historically, Chula Vista fees have been set low by prior Council's to encourage more animals to be licensed. In comparison to the County, Chula Vista fees are much lower. See chart on page 10. 18. The County's Bonita Shelter Is In better condition than Chura Vista's. This is true. Based on a walk-through of the Bonita facility, staff's assessment is that it is a newer facility and thus in better condition than the temporary Chula Vista Animal Shelter facility. (A walk-through of the other two County-owned facilities was not performed by staff due to time constraints. ) 19. Current jurisdictions contracting with the County are satisfied with service and wish to remain with the County. This Is not true. Several agencies have experienced concern about County services and costs. Additionally, the City has received requests for service by other agencies currently under contract with the County. DISCUSSION: In previous discussions Council has requested that staff do a comparison of City and County animal control services to determine the feasibility of contracting services with the County of San Diego. In response staff contacted the County of San Diego Animal Control Director, Hector Cazares, for a proposal. The copy of the two-page letter dated April 28, 1997, providing preliminary 1997-98 cost estimates and a brief description of services to be provided is attached. Subsequently, Police staff followed up with numerous telephone conversations to get clarification on the proposal leading to a meeting on May 8 with County staff. This report is based on both the preliminary proposal received from the County of San Diego Animal Control and follow-up discussions with Mr. Cazares and his staff. The following issues are addressed in this report: What is the net cost of providing animal control services by City of Chula Vista in comparison to the County of San Diego? What would be the impact on service levels provided? Is it cost effective to contract out animal control services to the County of San Diego? A comparison of the City of Chula Vista and the County of San Diego current fee structure. What happens to our Animal Control employees? Capital improvements needed to provide animal control services. /t<ß Page 6, Item - Meeting Date 05/20/97 Service levels The County of San Diego is proposing to provide animal control services which include 24-hour a day, 7-day week field response to citizens' requests for service. Patrol service is provided on a priority call for service system and on a call-out basis. It is estimated that one, maybe two, Animal Control Officers would patrol one beat in the entire South Bay area (potentially from Spring Valley to San Ysidro and Bonita to Imperial Beach), when not responding to priority calls. This is a lower level of service than provided by the City of Chula Vista. Currently the City provides 24-hour a day emergency service on a call-out basis, 7 days per week to citizens' requests for services. This includes four dedicated Animal Control Officers to patrol Chula Vista exclusively. The County proposes to provide 5-day per week, (Tuesday through Friday 9:30 am - 5:30 pm; Saturday 9:00 am - 5:00 pm) public access to three shelters for reclaiming and adopting animals. The three shelters are described as the North County, Central County and Bonita facilities. The conditions of these facilities range from Central, which is several years older than our facility and described by County staff to be in need of repair, and Bonita is described as the newest facility. Due to a short time frame, a detailed assessment of facilities was not possible. Staff did ascertain that regardless of kennel space available, doubling of animals in cages is frequent and does take place at County facilities. The geographic location of these shelters corresponds with the County service areas. The closest one to Chula Vista is Bonita, which according to County staff has excess capacity to accommodate the current Chula Vista animal population exclusive of contractual cities. The City of Chula Vista currently provides 5 y, day per week, Monday through Friday (9 am - 5:30 pm) and Saturday, (9am to 12:00 p.m.) public access to one facility. Essentially, the City provides a higher level of service in terms of public access despite the need for facility improvement. The County of San Diego proposes to provide in-house spaying and neutering of adopted animals with deposit vouchers required when pre-adoption surgery is not possible. What this means is that the County will schedule spaylneuter service at the time of adoption and call a veterinarian in to perform the service. The County uses an established list of veterinarians (on a purchase order) which can be called in to provide service on-site. The City of Chula Vista currently provides deposit vouchers which are refunded upon return. We have currently no in-house capability of providing spay and neutering functions on-site. However, if Council desires upon construction of the new facility, a sterilized room could be available for provision of veterinarian services either on a relief veterinarian basis or permanent veterinarian. The County proposes to provide all dog licensing upon adoption of the County's fee schedule. The City of Chula Vista also provides dog licensing to City and contract cities. The benefit to our residents is lower fees than charged by the County. J~-~ Page 7, Item - Meeting Date 05/20/97 Service Standards On various occasions Council has expressed concern regarding competing priorities with animal control both in the Police Department and on a City-wide basis. Based on previous Council direction, the service provided by the Shelter reflects a concentration of resources in the field to provide field functions. Thus, meeting the goal of the department to provide protection to both the public and animals. Kennel and Shelter functions meet minimum standards and will be enhanced with the construction of a new facility. The standard of care provided is no different than that provided by other animal control providers. The same level of priority is given to this City service regardless of its location. However, unlike other functions, thresholds such as those established by GMOC for Planning, Fire and Police services have not been established to set standards and measure progress. Staff believes this is critical in terms of further evaluation for this service and can be developed when the new Shelter Manager is hired. Minimum Stendards of Animal Care Both the County and City meet minimum standards of animal care as provided by State law. Cost Comparisons The County Animal Control Department is currently undergoing a reorganization and restructure of methodology used to calculate cost for services. The service costs provided are based on the existing methodology which will be subject to change by January, 1998. The department is currently negotiating with County officials and contract cities to determine the methodology. As a result, all contractual agreements with the County are for the duration of one year. If the City elected to contract with the County, the County could provide kennel services to Chula Vista only (not contract cities) immediately. However, this would be subject to an interim agreement subject to renegotiation upon completion of the new costing methodology. No long-term commitment for service or price caps has been made by the County at this time. The current methodology charges cities a share of patrol time based on the prior year of operation. For example, if Chula Vista utilized 20% of patrol time, Chula Vista would pay for 20% of all patrol costs. The new methodology would charge cities a share of all Animal Shelter costs based on per capita and potential demand for service. This methodology is currently under review and subject to change. The County's goal is to re-coup full costs by spreading them among jurisdictions, and as a result there is no anticipated savings to be passed on to cities. Based on a comparison of costs equal to services to be provided by the County, staff's analysis indicates that the City can provide animal control services more economically and efficiently. While this is discussed in other sections in the report, It is important to note that the total cost for Chula Vista is a comprehensive service which include the cost of animal pickup, response to animal noise complaints, vehicle replacement and service enhancement via additional staffing at the Shelter. The County cost does not include these components. Additionally, both total cost figures do not include a component for facility expansion and/or improvements. The County has no capital outlay program for future animal shelter facility construction. Chula Vista has an /~-? Page 8. Item - Meeting Date 05/20/97 established Development Impact Fee program which partially pays for facility construction. Again, the following cost comparisons includes all cost factors with the exception of those components noted above. FY 98 Net City Cost for Animal Control Services City Cost FY 98 Proposed Budget $527,950 Proposed FY 98 Increase for Enhanced Shelter $97,396 Services Total Costs $625,346 Current FY 98 Estimated Revenue from Contracts <$172,400> Current FY 98 Estimated Revenue from Fees < $90,400> Proposed BY 98 Additional Revenue from New <$109,600> Programs & Fee Increases Total Revenues < $372,400 > NET IN-HOUSE COST $252,946' FY 98 Net Estlmeted County Contract Cost for Animal Control Services Proposed Cost of County Contract for FY 98 $470,0002 Estimated additional FY 98 Costs for Animal Pickup $22,000 and Response to Noise Complaints Total Costs $492.000 County Estimate of FY 98 Revenue Offsets Based on <$281,210> County Fees Reduction of County Estimate based on City data $81,210 using County Fees Total Revenues < $200,000> Net Cost $292,000 ¡Includes proposed revenues and enhanced Shelter services. This will make Shelter services equivalent or better than the County's and keep field services at the same level which is higher than the County. 2Based on a per capita average for cities under contract with the County. j¡; --~ Page 9, Item - Meeting Date OS/20/97 NOTE: The total cost for service is based on a per capita average for cities under contract with the County. This cost does not include vehicle costs or capital outlay for facility expansion or improvements. NOTE: To be able to make a fair comparison of the costs between the City and the, County, it was necessary to equalize the revenues. Since the only apparent difference In revenues was the increase in the fee structure, which would have to be adopted if the City contracted with the County. Once revenues are equalized, the tables show that the City is able to provide an equal level of Shelter services and a higher level of field services for $39,000 annually less than the County. Proposed Revenues Based on the County's current fee structure, staff estimates that annual revenue from City fees would be $200,000. Under the City's current fee structure, only $90.400 is collected annually. Initially the City's fees, especially in the area of animal control licenses, were kept low with the goal of encouraging a higher level of animal licensing. Based on a comparison of estimated County and City licensing rates, the City's lower fee structure has apparently not succeeded in accomplishing this as both jurisdictions estimate licensing to be hovering around 50%. Therefore, staff will be bringing forth a combination of proposed new revenue sources and fee increases to increase the City revenue to bring it up to $200,000 annually. This combination will include enhanced revenue from rabies vaccination clinics, a licensed canvassing program to identify unlicensed animals and ensure compliance with health and licensing laws, increased licensed fees and special licensing programs to encourage adoption of the animals at the Shelter. These enhanced revenues will be proposed in conjunction with the request for increased resources to enhance Shelter services. Current Fee Schedule The County proposes to have a uniform fee structure. What this means is that Chula Vista fees would be increased to match the County's fee structure, thus City residents would pay higher fees. Chula Vista's fees have been historically set low to encourage compliance and adoptions. However, based on the percentage of fees collected by the County and that collected by the City there does not seem to be a correlation between fee rates and percent of users. Both the City and the County collect about the same percent regardless of cost. As a result staff recommends Council consider increasing fees to offset enhancements described under Staffing Issues during the FY 97-98 budget deliberations. The following is a comparison of existing fees. County staff have indicated they propose to raise their fees in the near future. Tables shown on the following page /¿ --I Page 10, Item - Meeting Date OS/20/97 Fee Comparison Item CV Present S. D. County Impound Fees $20.00 first impound $25.00 first $40.00 second $45.00 second, Dogs $60.00 third & subsequent $65.00 third $20.00 Cats $30.00 Exotics, Farm Animals Board Fees Dogs & Cats - $5.00 per day $6.00 per day - Cats & Dogs Exotics & others - $7.00 per $12.00 - Farm Animals day $15.00 - Equine/Bovine Vaccination Clinics None $3.00 plus cost of license Chula Vista San Diego County Item Altered Unaltered Alteted Unaltered Dog License Fees $9.00/yr $18.00/yr $10.00/yr $25.00/yr $12.00/2yr $24.00/2yr $17.00/2yr $41.00/2yr $14.00/3yr $28.00/3yr $23.00/3yr $53.00/3yr Puppy License Fee $8.00/yr $25.00/yr Late Charges $3.00 $3.00 $10.00 $10.00 License Inspection None None Unknown Unknown Stamml Issues Based on preliminary discussions with Mr. Cazares, the County has sufficient vacant positions to absorb all our employees. However, this decision would have an impact to our employees of approximately 2% decrease in wages, benefits and retirement implications from transition from a PERS system to a social security system. In the event Council chooses to contract with the County, absorption of the City's existing 9.5 FTE positions into the County would be subject to negotiation. In the worst case scenario, contracting of animal control services could result in the lay-off of 9.5 positions. Based on the nature of work performed, it would be difficult to re-assign these positions. j¡þ'lt! Page 11,ltem- Meeting Date 05/20/97 In an effort to enhance service staff recommends additional staff be added to the kennel and office in addition to a part-time veterinarian and registered veterinary technician (RVT). In addition, staff recommends Council consider raising fees to offset the costs associated with these enhancements. The following is a description of staffing recommendations identified for Council consideration during the FY 97-98 budget deliberation process. Veterinary Service One area addressed by the Humane Society report expressed concern with the level of health care provided to the animals housed at the facility. Again, due to the lack of an on-site Shelter Manager, misinformation was provided regarding the lack of veterinary care and procedures used by staff were in question. The law does not require a veterinarian to be on staff at the Shelter. We do have an open purchase order for veterinary service with a 24-hour 7 day a week clinic which is utilized by both the Animal Shelter as well as the Police Canine Program. This is provided by the Bonita Pet Hospital. The 24-hour service means that the hospital is open for receiving animals for emergency treatment. In order to provide the current service, the City maintains an open purchase order to pay for the treatment and services provided by Bonita Pet Hospital. The amount budgeted is $5,616 per year; however, this is often exceeded because there are no limits placed on providing care to sick or injured animals. Animals in need of treatment must be taken to the pet hospital. This purchase order also covers ordering of restraint and euthanasia serum, exams and treatment. However, because concerns raised by the Humane Society are taken seriously, additional staff training was provided and procedural changes made. In an effort to enhance veterinary care to animals, staff explored various alternatives which include: Option 1 Full-time veterinarian on staff with an approximate cost of $70,400 annually. 2 Combination of a part-time veterinarian and a registered veterinary technician. The veterinarian would work five days per week, three hours per day (not to exceed 999 hours per year) at $40.00 per hour. Part-time status with no benefits would be approximately $32,000 per year. A part-time registered veterinary technician (RVT) for three hours a day (not to exceed 999 hours per year) two days a week at a cost 01 $12.00 per hour on average part-time status of an approximate total cost of $3,700 per year with no benefits. Total annual cost - $35,700. 3 Two registered veterinary technicians to work either a five-day or seven-day work week schedule (not to exceed 999 hours per year). Each to work three hours per day at the same average hourly rate of $12.00 per hours. The cost for two (RVTsl on a seven-day work week schedule would be $13,000 per year or $6,550 per RVT, with no benefits. The cost lor two (RVTs) on a five-day a week schedule would be $9,300 or $4,700 per technician per year with no benefits. 4 Request Bonita Pet Hospital to provide veterinarian or registered veterinarian technician to visit the Shelter on a daily basis. Bonita Pet Hospital would have to hire an additional veterinarian or registered veterinarian technician in order to provide that service and therefore, the cost of their services would increase significantly. /~ --If Page 12, Item- Meeting Date OS/20/97 Based on staff's evaluation of the options described ebove and the needs of the animals, staff recommends option two above to be considered during the FY 97-98 budget deliberations. Staff has consulted with the purchase order veterinarian. Dr. Tomblin. as well as other veterinarians from the PETS (People Empowering the Shelter! Coalition. The recommendation of these professionals is that the need for a veterinarian at the Shelter should be for a minimum of 1 hour to a maximum of 3 hours per day. Option number 2 Is the best approach. it is most fiscally responsible and would provide a revenue option (i.e.. rabies clinic on site). The other options were not selected because staff believes Option 1, having a full-time veterinarian, is not necessary. A veterinarian is needed to examine the animals on rounds each afternoon, not on a full-time basis. The recommended part-time veterinarian, Option 2, enhances veterinarian services at the Shelter and provides supervision on euthanasia techniques. Furthermore, Option 2 would provide expertise on critical triage of animals brought into the facility so that no animals are overlooked. Those animals that require additional treatment would be referred to the purchase order or contract veterinarian facility. All medications to animals would be ordered and dispensed by the part-time veterinarian on a daily basis. The part-time veterinarian could also be used to host and supervise community outreach programs in the schools as well as monthly or biweekly vaccination clinics at the Shelter. The part-time veterinarian could also vaccinate all the animals coming into the facility. Option 3 eliminates the veterinarian from the facility. Registered veterinary technicians are helpful but can only treat as directed by a veterinarian. Registered veterinary technicians would not be able to conduct clinics. order medications, and would have to refer most cases to the contract or purchase order veterinarian. This would defeat the purpose and not enhance the service. Shelter StefflnQ Recommendations Staffing was another area of concern addressed in the Humane Society report. In addition, there has been an interest expressed by the community that the Shelter should be open different hours, longer on Saturday. Currently the facility is opened Monday through Friday, 9:00 am to 5:30 pm and Saturday, 9:00 am to 12 noon. By comparison, the County is opened Tuesday through Saturday, 9:00 am to 5:00 pm. To do this, staffing schedules would have to be ne90tiated with the Chula Vista Employees Association (CVEA) bargaining unit and additional staff added to the facility. Staffing levels at the Shelter at the present time consist of the following: 1. Six Animal Control Officers to cover Chula Vista, Imperial Beach and Lemon Grove. 2. Two Kennel Attendants, one is a temporary employee which we anticipate will be filled by a full-time employee by mid-May, 1997. 3. One Administrative Office Assistant, one part-time (20-hours per week) AOAI and one light-duty Police Transcriptionist (on loan from Police Department). I If, "':/2 Pege 13. Item- Meeting Date 05/20/97 Animal Control Officers (ACO) There are no additional positions recommended at this time. A new ACO was recently added to enhance services in the field and provide community outreach. The first year's cost of this position and truck were paid for by the Federal Block Grant secured by the Police Department. Furthermore, staff estimates ACO's will have more time for field and community outreach activities as a result of added staff to the kennel and office. Currently ACO's are used to backfill in both the kennel and office and transport all animals to Bonita Pet Hospital. This would be eliminated by the proposed staffing recommendations and onsite veterinary care. Kennel and Office Steff Although there has initially been a great interest of volunteers from the community, the volunteer pool has dwindled considerably from the initial group size. Staff welcomes the assistance of the volunteers but recognizes that minimum staff levels are needed in order to meet the daily workload both in the kennels and the office. The Kennel Attendants presently overlap for a 5-hour period daily. This is an insufficient amount of time for the kennel staff to adequately care for the animals in the facility as well as prepare for those incoming to the facility (i.e., clean, feed. set-up kennels, clean cat areas, prepare adoption kennels, daily inventory, euthanasia). This coupled with staff shortages, as a result of illness or leave, results in backfilling by one of the Animal Control Officers, thus taking people out of the field. Moreover, based on manual counts by Shelter personnel, office staff on a daily basis must field an average of 105 counter contacts per day (13 per hour) which take an average of ten minutes per contact. They are also responsible for an average of 11 radio transmissions per hour as well as an average of 15 phone calls per hour. Based on operational needs, staff has determined that a minimum of two office employees are required at all times. As a result, staff is recommending adding three non-benefitted part-time employees AOAI positions to the existing staff. One AOAI would replace the transcriptionist currently on loan from the Police Department and provide customer service, the second one would fill in normal staff shortages as a result of sick leave, vacation, etc., and the third would help provide phone coverage and proactive community outreach. At the present time we have two dedicated phone lines for public access. An additional phone line is needed to handle the increasing volume of phone calls coming to the facility. The existing system of rolling over to voice mailbox system is not meeting the customer or staff needs. This option meets the immediate need and provides flexibility until such time as a Shelter Manager is selected and able to make final determinations. Therefore. it is recommended that: one Kennel Attendant and three non-benefitted part-time Administrative Office Assistants be hired. This will help relieve the current staff with duties as well as provide the additional extended coverage and backfill for time-off due to illness and vacation. The result would be an enhanced level of service at the facility. The matrix below shows the proposed staffing additions and costs with benefits for Council consideration during the FY 97-98 budget deliberations. Even with the additional costs associated with these positions. based on the level of service provided and enhancements to be made, staying J¿ -/J' Page 14, Item - Meeting Dete OS/20/97 in the animal shelter business is a more cost effective alternative than contracting with the County. The addition of staff described in this report will also allow for extended hours to the public at the Shelter. Total Cost Position Days Hours/Week w/Benefits Part-time Veterinarian 5 15 $32,000 Kennel Attendant 5 40 $31,6243 Registered Veterinarian Technician (RVT) 2 6 $3,700 Administrative Office Assistant I (AOAI) 5 20 $30,0724 (Hourly) to provide customer service, dispatching and assist with phones and records TOTAL $97,396 City Contractual AQreements We currently have three contractual agreements to provide animal control services to the cities of National City, Lemon Grove and Imperial Beach. These contracts are subject to accrued cost adjustments. However, staff has placed negotiations on hold until this issue is resolved and the revised Development Impact Fee (DIF) Schedule is available. Based on the City Attorney's review, termination of these contracts would be subject to the following: City Provision National City The contract may be terminated at any time. Imperial Beach The contract may be terminated within 180 working days of notice. Lemon Grove The contract may be terminated for cause by either party or at renegotiations in the year 2000. 3The cost for the kennel position will be offset by an estimated $3,000 savings in overtime. 4Budgeting the ADA I on an hourly basis will give the Shelter Manager flexibility and the opportunity to make staffing adjustments during peak workload periods. /~ -/1/ Page 15, Item- Meeting Date OS/20/97 The City of Lemon Grove has expressed concern should the City proceed with contracting services with the County. The City of Lemon Grove was previously contracted with the County prior to Chula Vista and expressed dissatisfaction with the service provided by the County. EauiDment The Shelter has a total fleet size of 6 to accommodate patrol operations which is part of the City's vehicle replacement program. As part of this program, these vehicles are replaced on an eight year cycle or 80,000 miles. Additionally, these vehicles may be replaced earlier if maintenance costs are excessive or there is a safety concern. Three animal control trucks (including cages) were replaced this year and a new truck was purchased through grant funds. The Shelter Manager truck is scheduled for replacement in next year's budget. Overall the Shelter vehicle fleet is new with the oldest vehicle purchased in 1993. In comparison, the County has no replacement program in place. Replacements are subject to annual budget appropriations and the cost spread to each jurisdiction under contract. In terms of office equipment, the Shelter currently has three computers and one printer. The 286 computer is scheduled for replacement in FY 97-98. Dispatching was recently automated to provide patrol services more efficiency and track information. In addition, staff has optional pricing to purchase mobile data computers should the City decide to expand dispatch services to the Shelter after CAD installation. In addition, a copier was donated recently. Automation Staff is currently working on automating the Shelter to include a page on the internet. On a City- wide basis, the Management Information Services Director has been trying to automate functions. The County has automated its Shelters and plans to make information on lost and found, impounded animals and adoption pets available in the home or local kiosks (digital images of adoption animals) in convenient locations available by June 1997. Additionally, a current adoption list is available via the internet. CaDltal Outlay - Facllltv The County's proposal does not include any costs for capital purchases (vehicles, equipment or facility expansion). These costs would have to be added on an as needed basis. Additionally, the County has no facility long-range plans at this time. Chula Vista long-term capital plans include the acquisition of land and construction of a new animal shelter for an estimated cost of $1.7 million (Attachment 3). The facility cost is partially offset by DIF charges and revenue from contractual cities. Additionally, the facility provides for the expansion of services to other jurisdictions resulting in additional operating and capital revenue. /¿~ Page 16, Item - Meeting Date OS/20/97 Short-term Facility Solutions In October 1996, $14,000 in repairs were made to the kennel area of the Shelter. This included repair to the heating coils in the cement floors, perimeter curtains, fence repairs and splash plates between kennel runs. The monies were provided as follows: $2,600 donations, $11,400 City General Fund. Additional, repairs in progress are described in Attachment 1. Other Facility Issues The three government agencies other than Chula Vista which provide animal control service, are the County of San Diego (handles most cities who contract), the City of Coronado and the City of EI Cajon; the City of Oceanside has an agreement with their local Humane Society to provide this service. A comparison among Chula Vista, the County of San Diego and the City of EI Cajon reveals that the County and EI Cajon kennels are larger than the ones provided in Chula Vista's facility, but that placing two or more dogs in one kennel is a relatively common practice for these agencies, whereas Chula Vista only does this as a last resort. Neither the County nor EI Cajon use tarps in place of exterior walls as Chula Vista does. Rather, their facilities have solid exterior walls, as well as solid walls between kennels. Both agencies heat the floors of their kennels. If Chula Vista intends service to include service to Santee and other jurisdictions in its program, there is no question that a larger facility is needed. However, the Shelter does not appear to be expandable at its current location. The present Shelter covers the entire available footprint, and the property is surrounded by land slated for the ongoing development of the autopark. The growth of Chula Vista, which includes the Otay annexation, National City, and Imperial Beach will undoubtedly put us beyond the capacity of the current facility, and one or two more years at this location is the most the Animal Control staff can advise. Overall the City of Chula Vista provides a higher level of service in the field for both the City and contract cities than the County, at a lower cost to the City and a lower cost to residents. In terms of facility conditions, the County's Bonita facility is newer and in better condition than Chula Vista's facility. If Chura Vista owned a comparable facility many of the issues concerning the Shelter would be resolved. Should the City of Chula Vista be "In the animal control business"? Should the City of Chula Vista be "in the animal control business"? This is a service expected and relied upon by the residents of the community. An earlier reference was made to the difference between animal protection and people protection. Feral animals, or domestic dogs and cats which have become destructive, are a public hazard. People living in incorporated cities expect their municipal government to provide a safe environment for them and, therefore, relief from this kind of danger. This service must be provided. The question is by which agency. It does not appear that contracting this service through the County's animal control program would be a cost-saving measure. Our analysis at this time indicates the costs would far exceed what we are able to accomplish in-house. /¿,-/¿, Page 17, Item- Meeting Date OS/20/97 Secondly, there is a revenue stream generated by Shelter, which partially offsets the costs associated with running this program. In addition to the contracts with Imperial Beach and Lemon Grove, the Shelter collects impound fees, daily fees for the time an animal has been housed, and adoption fees. Animal control staff estimates that 25% of the animals they bring onto the Shelter are returned to their owners. Chula Vista also has a high adoption rate, with roughly 30% of the animals brought in being adopted into a new home. In addition, some owners request that their animal be euthanized and a small fee is charged for this service as well. FISCAL IMPACT: There is no fiscal impact as a result of accepting this report. Staff recommends, that the City stay In the animal control business and that staffing and revenue enhancements be considered during the FY 97-98 budget. Staff will continue to work on land acquisition and construction of a new facility. Attachments: Attachment 1 - Short-term Solution Update Attachment 2 - County Proposal Attachment 3 - Facility Plan Attachment 4 - Union Tribune article dated, 511 0/97 NOT SCANNED II,} C,'wpS1\m""3,'oomp"". 1 13 IM.y 15. 1997 ",53pmll I~-Il ATTACHMENT 2 HECTOR R. CAZARES DIRECTOR 16191 595-4505 FAX, 16191 296-5305 (!1nutt~ nf ~att ¿f)h~gn CENTRAL SHELTER 5480 GAINES ST SAN DIEGO, CA 92110-2887 (619) 236-4250 DEPARTMENT OF ANIMAL CONTROL NORTH SHELTER 2481 PALOMAR AlA PORT AD CAALSaAD. CA 92009-1S" 1619) 439-2312/746-7307 SOUTH SHELTER 5621 SWEETWATER RD aONITA, CA 91902-2219 {8191 263-7741 54ao GAINES STREET, SAN DIEGO, CALIFORNIA 92110-26a7 April 28, 1997 Richard P. Emerson Chief of Police Police Department 276 Fourth Avenue Chula Vista, CA 91910 Dear Chief Emerson: Thank you for your interest in contracting with the County of San Diego Department of Animal Control to provide services for your city. We are currently in the midst of a zero-based review of the department. As part of this review, we are refocusing our contracting model on regional based services. With this in mind, we are very interested in the possibili!y of including your City. The department provides a complete, integrated animal control service, including: -- 24-hourlday, seven-day/week field response to citizens' requests for service; -- five-day/week public access to our three shelters for reclaiming and adopting animals; spaying and neutering of adopted animals in-house, with deposit vouchers required when pre- adoption surgery is not possible; and, -- dog licensing. MEETING MINIMUM STANDARDS OF ANIMAL CARE We have found that each of the jurisdictions that we don't currently contract with has a different service level for patrol, sheltering, veterinary medical services, and dog licensing. However, the public's expectation for a minimum standard of care and greater consistency among jurisdictions for the animals that we shelter is increasing. The County wants to work with all jurisdictions in the county to meet this expectation. In addition, there is a growing demand from the public that information about impounded animals and the State mandated Lost and Found directories be readily available from any shelter site. The public would also benefit from a uniform dog licensing program, where information about any licensed dog is readily available from a central information bank. CUSTOMIZED SERVICE OPTIONS Our goal is to provide a truly regional service that provides the maximum fiscal benefit and allows for some individualizing of service delivery. While this presentation is for a total program of animal control services, ~ c:;.¿p / 6- .;¿ / Chief Richard P. Emerson 2 Apri128,1997 we can also customize it for sheltering only and with or without dog licensing. With the current animal management information system (its commercial name is Chameleon), the County can provide just such service options. The system includes a computer aided dispatching feature. TRUE COST COMPARISONS Our analysis shows that, in most cases. the County can provide these services more economically. While preliminary costs estimates are provided herein, it is important to nOle that when comparing them to your current costs, that all costs factors are included. Our cost estimates are truly fully loaded. They include animal control related costs experienced by your city, but probably accounted for in another budget unit. As each jurisdiction is different. we would like to work with you in determining more exactly which costs are comparable and which are not. A few examples include: Workman's Compensation, liability and risk management, and City Attorney costs. PRELIMINARY 1997-98 COST ESTIMATES We would like to discuss the specifics of your City prior to establishing a charge for these services. However, based on our experience with other cities and the unincorporated area, we preliminarily estimate that the gross cOst to your City for FY 1997-98 for the total array of services would be approximately $470,000. As with our current contract cities, we only charge you for net costs, the difference being the amount of revenue we would collect through license sales and shelter fees. With our current contract cities, we use total revenues collected in the last complete fiscal year (1995-96 for 1997-98 estimates). As a general guide for revenues,. the per capita average for our contract cities (excluding San Diego) is $ 1.836. Based on this, your total revenues should be in the range of$281,210 annually. The resulting estimated net charge of $188,790 is a fixed cost for the City for 1997-98. The County is responsible for meeting its fiscallbudget goals. SUMMARY OF FIXED COST METHODOLOGY The County operates during the fiscal year based upon its budgeted expenditures and revenues and makes operational decisions accordingly. While every effort is made to license dogs and respond to requests for services equitably, variations within jurisdictions will occur from year to year. If total revenues match budgeted levels, then staffing and service levels to all jurisdictions will continue as budgeted, even if one jurisdiction is below expectations. This shortfall, however, will be reflected in the appropriate future net cost estimates (as would overrealized revenues). However, if total revenues are expected to be under- realized, the department will make necessary cost reductions to otTset expected shortfalls. Again, these reductions would be across the board and not targeted to any specific jurisdiction. Please call me or Jerry Hughs, my Budget and Contracts Officer, at 595-4508 if we can supply any additional information. Sincerely, ~e¿~ HECTOR R. CPl4ARES. DIRECTOR Department of ~mal Control HRC:JMH cc: Lad Sheehan, Deputy Chief Administrative Officer /¿ ß~ ,22- ..:io¡ --.--...---.------ Uo,U¡ -, 'VEf> 10: 52 FAX 619 691 7986 CHVU V¡Sn PCBL!C WORKS ~OO2 ATTACHMENT 3 Memorandum To: Dave Byers cc: Rick Matkirt:}J. ~ From: Dick Thompson Date: May 29.1997,1997 Re: Animal Shelter As you have ,equested, I have estimated the cos< of building a new animal ,helter located across the street from the S.D.G. '" E', corporation yard. Tho anh-nal shc1!er wil! require tWo and a balf acres to handle the following structures. Off:ces Work Rooms Reception ColUJter Waiting Room LUI1C hroom/ShowerslRo, tToo illS Conference Room SQUARE FOOTAGEREQUUŒMENTS EXISTTNG !N1TIAL TNTER..L\¡( BUILD.OUT IO20SQH 2640 SQFT 2832 SQFT 2832 SQFT STORAGEIKENNEL Food Preparation Storage Supplies Euthanasia Room / ¿- -2_? ~;-~2 05/07,'97 WED 10: 53 FAX 619 691 7986 CHl:LA VI sn praLlc WORKS ~OOJ Freezer Dog Kennel Cat/Smail ar.ÍD1aJ :Z.nnel lnjuredlQuarantirled Dogs Injur.diQuarantined Cats Police K-9 Kennels May 29. 1997 EX1STIi\G SQUARE FOOTAGE REQUIREIYfENTS INTITIAL rNTERIy[ BUILJ-OUT 4330 SQFT 8221 SQFT 9112SQfT Purchase Price: 2 y, acres @ SI77,OOO Plans and construction documents ,".nima! Shelter Asphalt parking lot Landscape furniture Equipment Fencing Slgnage Staff Time TOTAL /6 0/2 Y .J#~. ? 3 ~ - [0399 SQFT $442.500 $ 45,000 $880,409 S120,000 $ 35.000 $ 10.COO S I 00.000 $ 12,000 $ 8,000 $ 25.000 $1,677,909 2 FY 98 Net City Cost for Animal Control Services ::/;/ ß City Cost FY 98 Proposed Budget $527,950 Proposed FY 98 Increase for Enhanced Shelter $97,396 Services Total Costs $625,346 Current FY 98 Estimated Revenue from Contracts < $172,400> Current FY 98 Estimated Revenue from Fees < $90,400> Proposed BY 98 Additional Revenue from New < $109,600 > Programs & Fee Increases Total Revenues < $372,400> NET IN-HOUSE COST $252,946' FY 98 Net Estimated County Contract Cost for Animal Control Services Proposed Cost of County Contract for FY 98 $470,0002 Estimated additional FY 98 Costs for Animal Pickup $22,000 and Response to Noise Complaints Total Costs $492,000 County Estimate of FY 98 Revenue Offsets Based on <$281,210> County Fees Reduction of County Estimate based on City data $81,210 using County Fees Totel Revenues < $200.000 > Net Cost $292.000 ¡Includes proposed revenues and enhanced Shelter services. This will make Shelter services equivalent or better than the County's and keep field services at the same level which is higher than the County. 2Based on a par capita average for cities under contract with the County. /~-z<) Comparison of City Cost and County Contract Proposal for Animal Control Services Full Service Shelter Only Patrol Only Licensing Only County Contract Proposal $463,686 $227,695 $217,540 $56,944 City Cost (enhanced) $562,762 $262,840 $298,172 $1,750 Gross Cost (Savings) from ($99,076) ($35,145) ($80,632) $55,194 Contracting Net Revenue from Contract $75,150 $69,250 $3,450 $2,450 Cities Grant Revenue $53,221 $53,221 Net Cost (Savin9s) from $29,295 $87,326 ($77,182) $57,644 Contracting I~-z., COUNCIL AGENDA STATEMENT ITEM TITLE: Item /7 IJ9 Meeting Date OS/20/97 RESOLUTION /ð:G7hPROPRIATlNG $30,000 OF UNANTICIPATED ANIMAL CONTROL FEE REVENUE FOR CONSTRUCTION OF A CATTERY ANDPURCHAW?F CAGES AT THE ANIMAL SHELTER Chief of PolicetfvV' City Managerq (4/5ths Vote: Yes.x.. No_) SUBMITTED BY: REVIEWED BY: At it's Council meeting of April 8, 1997, Council directed staff to identify funds to be prepared to build a cattery and make necessary repairs at the Shelter within 30 days. Staff is recommending $30,000 be appropriated from unanticipated Animal Control Fee Revenues to GG158 Animal Shelter Capital Improvement Project. These funds will be used to build a cattery (estimated at $24,000) and purchase cages ($6,000) for the cattery. RECOMMENDATION: Approve the Resolution appropriating $30,000 of unanticipated Animal Shelter Fee revenue for construction of a cattery, and purchase of cages at the Animal Shelter. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. BACKGROUND: During the past several years additional workload demands have been placed on the Animal Shelter kennel and staff due to the growth of Chula Vista and contractual animal control services. The plans to build a new facility in the early part of the nineties did not take place due to an economic downturn, other demands (amphitheater, waterpark) for the property originally expected to house the Corporation Yard and Animal Shelter. At its April 8, 1997, Council meeting, Council directed staff to identify funds (including private donations) to be prepared to build a cattery and make necessary repairs within 30 days. In response, staff has worked with the Shelter's community support group, People Empowering the Shelter (PETS) and the community to identify private donations. As a result we have received a tremendous amount of interest in the form of volunteers at the Shelter, but cash and construction, labor or material donations have not been secured for use at this time. To date, we have received approximately $6,700 in donations which have been earmarked for installation of metal sides in cages. In addition, the Mayor's office is working with the community to build the Shelter at no cost to the City. Although, staff has been working with the Mayor and Council to identify possible sources to help build the cattery, this Resolution is proposed to support any shortfall in donated resources by private builders and suppliers and provides for assured completion of the cattery. In addition, this will help keep donation pledges from being withdrawn based on a perception that the City has not appropriated any funds to build a cattery or make necessary repairs. Based on the lack of sufficient private donations to build the cattery and make necessary repairs, staff has identified funds to create a CIP project (GG158), to build the cattery and make necessary repairs /7-/ Page 2, Item - Meeting Dete OS/20/97 this fiscal year. In the event that private donations materialize, staff recommends purchase of additional cages for the cattery. In the event donations are significant, staff will return to Council with an alternate plan. DISCUSSION: This Resolution is proposed to meet the immediate demands for a separate room for cats to be built adjacent to the present kennel area, and purchase some cages. Using existing CIP funds ($400), staff has hired an architect to draw plans for construction of a cattery. Once the drawings have been completed, staff intends to solicit construction bids and return to Council for award of contract. The proposed cattery would meet the County Code, 62.645.12(d), requirement to house the cats in a separate primary enclosure from the dogs. The total cost of the separate room for cats, additional cages to house the cats, and has been estimated to be approximately $30,000. Staff recommends appropriating $30,000 from unanticipated Animal Shelter Fee revenues. The additional unanticipated funds were identified during the course of preparing third quarter revenue estimates. The proposed appropriation will provide the funding necessary to build a separate room for the cats, and the purchase of additional cages, if needed. Other repairs in progress at this time include repairing the cracked cement floor, adding solid metal walls around each cage and additional heating sources. Funding for these additional repairs has been identified, and requires no further action by Council. Additionally, staff is evaluating alternatives to provide health screening evaluations for the animals at the Shelter. This issue will be addressed in a separate follow-up report to the Mayor and Council. Staff's recommendation is supported by the community support group, People Empowering the Shelter, (PETS) assembled for the purpose of helping with the overall conditions at the Animal Shelter. FISCAL IMPACT: Staff is recommending $30,000 be appropriated from unanticipated revenues in Account 3751 Animal Shelter Fees to GG158 for construction of a cattery and purchase of cages. This account is a General Fund revenue account. All fees collected support the General Fund. In FY 96-97 the Police Department projected $155,574 in revenues to the General Fund from Animal Shelter fees. Based on a total of $145,547 in Animal Shelter fee revenues received to date, projected revenues for FY 96-97 have been revised to $170,000. This is the figure used by Finance to determine the year-end balance to the General Fund. Another $30,000 from payments for contractual services will be received before year-end for a total revenue estimate of $200,000. While these. revenues can be used to support the General Fund, staff recommends that the additional $30,000 be used to construct a cattery and purchase cages at the Animal Shelter if donations are insufficient to complete the project. Oq) C,'wp511"".113"..h"'".113 IM.y 14.1997 ""'50m)) / 7--2 RESOLUTION NO. / y¿, i c¡ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $30,000 OF UNANTICIPATED ANIMAL CONTROL FEE REVENUE FOR CONSTRUCTION OF A CATTERY AND PURCHASE OF CAGES AT THE ANIMAL SHELTER WHEREAS, County Code 62.645.12 (d) requires cats to be housed in a separate primary enclosure from the dogs; and WHEREAS, the cost of the separate room for cats and related Animal Shelter repairs has been estimated to be approximately $30,000; and WHEREAS, staff recommends appropriating said funds from unanticipated Animal Shelter Fee revenues. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby appropriate $30,000 from unanticipated revenues in Account 3751 Animal Shelter Fees to GG 158 for construction of a cattery and purchase of cages at the Animal Shelter. Presented by Approved as to form by Richard P. Emerson, Chief of Police c: Irslcanery J 7-;;' COUNCIL AGENDA STATEMENT ITEM MEETING DATE I~ 5-20-97 J 8"'¿ 7.3 Resolution Accepting donations in the total amount of $3,853, to the Animal Shelter and appropriating such funds for repairs at the Animal Shelter. SUBMITTED BY: Chief of POliC~~~ REVIEWED BY: City Manager ~ ~ (4/5ths Vote Yes No X) The Animal Shelter .has received nsolicited donations totaling $3,853, to help with repairs to the shelter and caring for the animals. I ITEM TITLE: RECOMMENDATION: That 'the City Council accept the donations. DISCUSSION: During the past four months the Animal Shelter has received several donations to be used for the ongoing repairs to the kennel area of the shelter. These repairs include steel sides to the cages, sealing cracks in the deck, additional plastic beds, additional lighting, heating and a separate area for the cats. The repairs are being made at this time. Forty-eight donations have been received during the past four months. Six of those donations were for more than $25 and account for $3,550 of the total amount donated during this time period. The remaining $303 was donated by forty-two contributors. Small paper animal cutouts, with the contributor's names, were posted in the Animal Shelter Office and letters of appreciation were sent to all contributors. The six largest contributors were; Ayres Land Company - $2,500; Naidine H. Skapin - $600; Actors and others for animals $200; Sharon and Duane Sceper $140; South Bay Veterinary Hospital - $60; and P.E. Walden - $50. In addition to the cash donations there were also donations of food, plastic beds, wooden beds, blankets and a metal shed. Sally Graves donated twelve plastic beds valued at $420. The Bahia-Sur Kennel Club of Chula Vista donated a new metal shed valued at $500. FISCAL IMPACT: The total of $3,853 in donations will be deposited into the Animal Shelter Donations account #408-4014 and appropriated from expenditure account #408-4081-PDO02 for repairs at the Animal Shelter. There is no General Fund impact or re-occurring cost. 1<6'- I -~--- RESOLUTION NO. ¡I~~ /'-1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS IN THE TOTAL AMOUNT OF $3,853 TO THE ANIMAL SHELTER AND APPROPRIATING SUCH FUNDS FOR REPAIRS AT THE ANIMAL SHELTER WHEREAS, during the past four months the Animal Shelter has received several donations to be used for the ongoing repairs to the kennel area of the shelter; and WHEREAS, these repairs include steel sides to the cages, sealing cracks in the deck, additional plastic beds, additional lighting, heating and a separate area for the cats; and WHEREAS, in addition to the cash donations, there were also donations of food, plastic beds, wooden beds, blankets and a metal shed. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby accept the donations in the amount of $3,853 to the Animal Shelter. BE IT FURTHER RESOLVED that the donations will be deposited into the Animal Shelter Donations Account #408-4014 and appropriated from expenditure account #408-4081-PDO02 for repairs at the Animal Shelter. Presented by Approved as to form by Af!e Richard P. Emerson, Chief of Police Jo C:lrslshelter.don JlJ-A COUNCIL AGENDA STATEMENT Item! r Meeting Date~ Resolution / y¿ ?~pproving a Reimbursement Agreement between the City ofChula Vista and Village Development, L.L.C. for all initial consulting and administrative cost and expenses associated with fonning a public financing district for certain improvements serving the Otay Ranch Village One, waiving consultant selection process and guidelines, and approving agreements with Berryman & Henigar; Brown, Diven & Hentschke; and Kadie-Jensen, Johnson & Bodnar for services associated with said district and authorizing the Mayor to execute said agreements. SUBMITTED BY: Director of Public Work';(~ REVIEWED BY: CitYManage~Jq ~~ (4/5thsVote: Yes_NolO Village Development has requested the City Ginitiate proceedings to fonn an assessment district for the acquisition or construction of public facilities associated with Village One of the Otay Ranch (see Exhibit I). They have also signed an agreement providing for the advance of funds to pay for all initial consulting, City administration, and appraisal expenses related to the fonnation of said district, subject to reimbursement from bond proceeds. ITEM TITLE: RECOMMENDATION: That Council consider the proposed resolution BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On February 25, 1997, Village Development requested the City to commence the fonnation of an Assessment District pursuant to the "Municipal Improvement Act of 1913" (1913 Act) to fund the acquisition or construction of the following backbone facilities in the Otay Ranch: * Paseo Ranchero (4 lanes) - Telegraph Canyon Road to East Palomar Street (TDIF facility) East Palomar Street (4 lanes) - Paseo Ranchero to the Eastem Boundary of Village One Monarche Drive (2 lanes) - Around Park P-1 Bonds are proposed to be issued pursuant to the Improvement Bond Act of 1915. A total of$14,553,742 is proposed to be assessed to the district. $10,478,694 will provide for the construction of the proposed backbone facilities (grading, landscaping, street, utilities, drainage, sewer, potable water, and reclaimed water). The remaining $4,075,048 will be used to fund a reserve fund and pay district fonnation and bond issuance costs. The final assessment amount is subject to the results of a new appraisal to be conducted on the property and to comply with the "3:1 value to lien" and the "2% maximum tax" criteria established by Council. The final assessments and the associated financial indicators will be detennined concurrently with the Final Engineer's Report which is planned to be submitted for Council 19-/ Page 2, Item- Meeting Date..sL1!!L.21 consideration by mid-September 1997. The breakdown of the preliminary cost estimate ($14,553,742) is shown in Exhibit 2. On April 9, 1997, Village Development submitted a letter to the City (Exhibit 3) requesting expedition of the proceedings in order to have the Resolution of Intention approved by the Council as soon as possible. Village Development is in the process of selling some of the units to guest builders in order to have the cash available to refinance the remaining properties. The refinancing must take place as soon as possible since the loan has matured. Village Development has continued to make interest payments and their financing institution has not yet initiated forecloseure action under default, although continued inability to refinance would clearly jeopardize the project. The potential buyers have been reluctant to close the sale until the assessment district is conceptually assurred through approval of the Resolution ofIntention. Village Developers has indicated that their buyers would be comfortable with completing the purchase if the Resolution of Intention is approved by the Council indicating a willingness for the City to move forward with the district. As a result of the short time available to complete the formation of the district to keep the land sales from falling through, the developer is requesting that the City be business friendly and avoid the bureaucratic process by waiving the formal consultant selection procedure and proceeding to hire the following "assessment team" to implement the district formation proceedings in accordance with the Municipal Improvement Act of 1913 and the BondActofl915: City of Chula Vista Berryman & Henigar Brown, Diven & Hentschke Kadie-Jensen, Johnson & Bodnar Project Manager Assessment Engineer Bond Counsel Financial Consultant Staff has reviewed said request and considers that the immediate retention of these consultants is essential to successfully form the district if we are to stay within the time constraints expressed by the developer. Municipal Code Section 2.56.070 authorizes the City Council to waive the normal consultant retention process when such process is impractical. The developer has requested that based on the time constraints imposed on the developer that the Council waive the selection process. To the extent that waiving the process could result in the remote possibility of a legal challenge, the City Attorney has suggested that as a condition of waiving the selection process that the developer agree to indemnify the City for its action. The fact that the authorized procedure was not followed may also have to be disclosed in the Official Statement. If a formal consultant selection procedure is followed, staff estimates that the entire proceedings may take a minimum of9 months, which will result in approval of the Resolution ofIntention approximately three months later than if the process is waived, and delay of the bond sale to the end of January, 1998 (which does not meet the requirements of the developer). The process of hiring the consultants (following the Municipal Code) usually takes approximately 3 months and the actual district formation may take another 6 months. The three proposed firms have an excellent performance record in their particular area of expertise which is not available within City staff. The participation of City staff in project management will ensure that all the activities conducive to the district formation are performed in a timely manner. 19- ;¿ Page 3, Item- Meeting Date 5/20/97 Initially, staff explored the alternative of having the "assessment engineering" activities performed by City staff. This alternative was eliminated because staff does not possess the expertise nor the time to engage in the formation of assessment districts of the size proposed for Village One ($14.5 million) , especially under the new requirements imposed by Proposition 218. The passage of Proposition 218 created several ramifications to assessment districts and is the subject of a more detailed report which will be coming to the Council in two-three weeks. Additionally, the proceedings would take place during the period May to November 1997. During this time, staff must carry out the time-consuming activities of preparing the annual collection report for the existing open space districts (in addition to the regular activities related to the existing assessment districts and development impact fee programs). It would not be cost effective to hire and train additional personnel to handle this peak work load. The other activities (bond counsel and financial consultant) are very specialized and have always been contracted out. The purpose of the bond counsel and financial consultant is to certifY to prospective bond investors that buying bonds for the construction of this project is safe. Having that work done by in-house people would present a possible conflict of interest in that the City cannot certify our own actions. An independent bond counsel is, therefore, required. The Bond Counsel will provide the legal services required in the proceedings and will furnish their legal opinion to the City and the bondholders on the validity of the proceedings and bonds. They will be compensated on a single fee basis (approximately $43,000) to be calculated as a percentage of the total confirmed assessment. The same percentage has been used in previous contracts with the City. Brown, Diven & Hentschke has been the bond counsel during the formation of all the existing assessment districts in the City. Currently, Brown, Diven & Hentschke has a contract with the City to provide legal services for the formation of the open space districts in the Otay Ranch for a fee "not to exceed $10,000". The Financial Consultant will analyze the financial feasibility of the project, will order the appraisal of the property, and will make sure that all City's financial criteria are met. They will also prepare the Official Statement and work with the City in structuring the financing and marketing of the bonds. Based on the information available to date, it is likely that the bonds will be marketed through a negotiated sale. This project has unique characteristics (i.e., several developers, changing ownerships) that may require substantially more work to protect the City's interests, insure full disclosure, and successfully market the bonds. The proposed agreement includes provisions that allow the City to proceed with either marketing alternative (competitive bid or negotiated sale). Staff will bring this issue to Council in a timely manner. The proposed agreement provides that subconsultants (i.e., appraiser, special disclosure counsel) may be employed by the Financial Consultant, subject to the prior approval of the City Engineer and Finance Director, both as to selection and compensation. It should be noted that a "special disclosure counsel" has not been used for the formation of assessment districts in the past. The Financial Consultant considers it necessary to have said subconsultant on board for this project (only if competitive bidding for the bond sale is followed) to insure that I) there is a full and adequate disclosure of the matters concerning the ownership of the assessed land securing the improvement bonds, and of the risk offuture development, 2) that the new continuing disclosure rules imposed by the Securities and Exchange Commission (S.E.C) on the underwriters and issuers have been fully complied with at the time of the /93 Page 4, Item- Meeting Date..sæ!l2I bond sale, 3) that the City's agreements as to current and future disclosure obligations are in compliance with the S.E.C, and 4) that the City has no obligations in excess of those required and that such obligations are within City's capabilities. While some of these areas may be addressed by bond counsel in a public sale, because of the history of the Otay Ranch project, it seems that the Special Disclosure Counsel may provide additional protection for the City and additional comfort for the potential bond purchasers. The proposed Financial Consultant's fee is $35,000. In addition, the consultant will also be compensated for the cost of hiring the appraiser and the special disclosure counsel up to a maximum amount of $20,000 for both subconsultants. The consultant shall also be reimbursed for all out-of- pocket expenses (printing and mailing of Official Statements, publication of the notice of sale, etc.) up to a maximum amount of$14,000. The Official Statement is a rather lengthy document outlining all aspects affecting the bond sale that would interest a potential buyer and makes up the majority of these out-of-pocket expenses. Staff has reviewed the cost proposal and considers it reasonable and recommends Council approval. Prior to hiring any subconsultant the developer will deposit with the City an amount equal to the fee charged by said subconsultant. Kadie-Jensen, Johnson & Bodnar are familiar with the current development in Eastern Chula Vista. They have provided services to the City for the formation of the majority of the existing assessment districts formed to finance the construction of backbone facilities serving the major developments in the area. On April 22, 1997, Council approved an agreement with Berryman & Henigar to provide assessment "engineering services" for the formation of two open space districts (SPA One and Preserve) in the Otay Ranch fora fee of $40,500. Staff followed Section 2.56 of the Municipal Code and Council Policy 102- 05 in the selection of this consultant. There are a lot of similarities between the services provided by an "assessment engineer" for the formation of I) assessment districts to fund the ongoing operation of an open space district and 2) assessment districts formed to fund the acquisition or construction of capital improvement projects. In both cases, the consultant is responsible for preparing the Engineer's Report and spreading the assessment among the properties in proportion to the special benefit received from the improvements. In spreading the assessment, the "assessment engineer" uses benefit factors (traffic generation, water usage, drainage runoff generation, etc.) which may be similar for both types of districts. Both districts are now subject to the new provisions of Proposition 218. Staff believes that the recent selection of this consultant through the formal bidding process provides a good assurance of their competence and qualifications to provide the required "assessment engineer" services for the proposed district. Berryman & Henigar is proposing a lump sum fee of $27,000 for providing the "assessment engineering" services for the formation of the proposed Otay Ranch Village One Assessment District. Staff has reviewed the cost proposal and considers it reasonable and recommends approval by Council. Currently, Berryman & Henigar has a 5-year contract with the City for assessment reapportionment services for an approximate annual amount of$1 7,500 (contract expires on May 22, 2000). Ie; -i Page 5, Item- Meeting Date..sLZ!!L21 Exhibit 4 presents a comparison of fees charged by consultants for the fonnation of existing assessment districts in the City. This table shows that the fee proposed by Berryman & Henigar ($27,000) is lower than the cost of retaining other "assessment engineers" (between $32,000 and $56,650). The table also shows that the fee proposed by Kadie-Jensen, Johnson & Bodnar ($35,000) is consistent with previous contracts. In the area of assessment engineering all of the districts are approximately the same complexity. Although this district is the second largest, the contract is the lowest. In the area of the financial consultant, this contract is the most complex contract because of the new impacts created by Proposition 2 I 8. The fee proposed by Brown, Diven & Hentschke is calculated as a percentage of the confinned assessment (Exhibit B of the agreement). The same percentage has been used in all previous contracts with the City. Section 2.56.070 of the Municipal Code detennines that certain services may be excluded from the fonnal bidding process when the "...City Council, by resolution, expressed in its official minutes, detennines that competitive bidding is impractical or impossible...." Staff believes that due to the time constraints expressed by the developer, it would be impractical to conduct a fonnal consultant selection process. Staff also considers that the demonstrated competence and qualifications of the proposed assessment team and their familiarity with the City's requirements will facilitate a successful fonnation of the district and ensure the soundness of the final assessments, in the event of a legal challenge by future property owners (Proposition 2 I 8 provides that the burden of proof is on the City). Therefore, staff is hereby requesting the waiver of the consultant selection process stipulated in Section 2.56 of the Municipal Code. The consultants have already signed their respective agreements to do the work outlined. These agreements follow the City's standard two-party agreement. Staff has reviewed them and recommends approval by Council. The City Attorney has also reviewed the agreements and approved them as to fonn. Approval of the Reimbursement Agreement between the City and the developer will require the developer to advance the funds to fonn the district and for the repayment to the developer from bond proceeds upon successful fonnation of the district. Staff has attempted to obtain the best price possible for the services through negotiation as would be intended by following the consultant selection process. If the selection process were followed the results probably would not change. The comparison figures appear to verify that the negotiated price is a good price, but their is no guaranty that a better price could not be obtained. As indicated above the City may be in a better position if the developer were to indemnify the City. Staff has attempted to respond to the developers wishes in an attempt to be business friendly and is presenting this proposal for Council's review. FISCAL IMPACT: None, the developer will pay all costs and has deposited money to fund initial consultant costs, City costs, and appraisal costs in accordance with the proposed Reimbursement Agreement. The City will receive the benefit of the full cost recovery for the City staff cost (estimated at $15,000). /9-Ç Page 6, Itern- Meeting Date~ In accordance with City Policy, the developer shall also pay an origination charge equivalent to I % of the estimated bond sale prior to the district formation. Staff is currently seeking approval from Council to increase said percentage. In accordance with staff proposal, the new origination charge for the subject district would be 2% of the estimated bond sale (approximately $280,000). The origination charge is not eligible for financing through the assessment district. Exhibits: I. Village One Map A 2. Cost Estimate C~'-~ 3. LetterfromVillageDevelopment....tt.~ 4. Comparison of Consultants fees ~U" I. Reimbursement Agreement NOT SCANNED 2. Agreement with Berryman & Henigar III 3. Agreement with Brown, Diven & Hentschke ~ J 4. Agreement with Kadie-Jensen, Johnson and Bodnar Attachments LdT WPC h:\I>omo'onginoM"mdd.,,'o,26ddt J1-~ RESOLUTION NO. ;'~~/7~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND VILLAGE DEVELOPMENT, L. L. C. FOR ALL INITIAL CONSULTING AND ADMINISTRATIVE COST AND EXPENSES ASSOCIATED WITH FORMING A PUBLIC FINANCING DISTRICT FOR CERTAIN IMPROVEMENTS SERVING THE OTAY RANCH VILLAGE ONE, WAIVING CONSULTANT SELECTION PROCESS AND GUIDELINES, AND APPROVING AGREEMENTS WITH BERRYMAN & HENIGAR; BROWN DIVEN & HENTSCHKE; AND KADIE- JENSEN, JOHNSON & BODNAR FOR SERVICES ASSOCIATED WITH SAID DISTRICT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS WHEREAS, pursuant to the"Municipal Improvement Act of 1913", Village Development has requested the City to initiate proceedings to form an assessment district for the acquisition or construction of public facilities associated with Village One of the Otay Ranch; and WHEREAS, Village Development has also signed an agreement providing for the advance of funds to pay for all initial consulting, City administration, and appraisal expenses related to the formation of said district, subject to reimbursement from bond proceeds; and WHEREAS, on April 9, 1997, Village Development submitted a letter to the City requesting expedition of the proceedings in order to have the Resolution of Intention approved by the Council as soon as possible; and WHEREAS, the developer is requesting that the City waive the formal consultant selection procedure and proceeding to hire the following "assessment team" to implement the district formation proceedings in accordance with the Municipal Improvement Act of 1913 and the Bond Act of 1915: City of Chula Vista Berryman & Henigar Brown, Diven & Hentschke Kadie-Jensen, Johnson & Bodnar Project Manager Assessment Engineer Bond Counsel Financial Consultant WHEREAS, staff has reviewed said request and considers that the immediate retention of these consultants is essential to successfully forming the district if the time constraints expressed by the developer are to be met; and 1 19-7 WHEREAS, Municipal Code Section 2.56.070 authorizes the City Council to waive the normal consultant retention process when such process is impractical and the developer has requested that based on the time constraints imposed on the developer that the Council waive the selection process; and WHEREAS, to the extent that waiving the process could result in the remote possibility of a legal challenge, the City Attorney has suggested that as a condition of waiving the selection process that the developer agree to indemnify the City for its action. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a Reimbursement Agreement between the City of Chula Vista and Village Development, L.L.C. for all initial consulting and administrative cost and expenses associated with forming a public financing district for certain improvements serving the Otay Ranch Village One, waiving consultant selecti~n process and guidelines, and approving agreements with Berryman & Henigar; Brown Diven & Hentschke; and Kadie-Jensen, Johnson & Bodnar for services associated with said district, BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said agreements on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt, Director of Public Works c: \ rslVillage1. agr /9-~1 /9-/'" ATTACHMENT ~ Parties and Recital Page(s) Agreement between City of Chula Vista and Berryman & Henigar for Assessment Engineering Services This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City is considering the financing of certain public improvements that will serve the Otay Ranch Village One properties, with financing proceedings to be conducted pursuant to the "Municipal Improvement Act of 1913" a.nd the "Improvement Bond Act of 1915"; and, Whereas, the City is desirous of retaining professional assessment engineering services for the formation of an assessment district for financing the construction of said improvements serving the Otay Ranch Village One; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.1dt April 11, 1997 Page 1 /9-/f Obligatory provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 2 /9-i? In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categor- ies, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" = better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.1dt April 11, 1997 Page 3 /9- / l and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Securitv for Performance (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 4 /9-"/~ Attorney" which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 1. Business License 1. The City Attorney's Office prefers that you obtain approval of the surety or bank, the form of the security and the amount of the security from the Risk Manager in the first instance and not the City Attorney. The City Attorney's office would be available on such risk issues as an alternate only if the Risk Manager is unavailable and the matter can't wait. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 5 /9- It Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on- the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 6 J9-~ account number indicated on Exhibit A, Paragraph 18 @ to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 7 19-,;2/ and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 8 J f -- øl.)... Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 9 J9-eJ3 Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 10 19-cJ( satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 11 /'7',2> Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any. of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee 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. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.1dt April 11, 1997 Page 12 Jf-c2t No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. 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. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall entitled to recover all reasonable costs incurred in the of the claim, including costs and attorney's fees. be defense 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 13 /9-;1 ? If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. 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 herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.1dt April 11, 1997 Page 14 -/9 c)..r arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 15 /7-:</ Signature Page to Agreement between City of Chula Vista and Berryman & Henigar for assessment engineering services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 19- City of Chula Vista by: Shirley Horton, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated: [Name of Consultant] By: [name of person, title] Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 16 /f~~ Exhibit List to Agreement (X ) Exhibit A. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 17 J9..y I Exhibi t A to Agreement between City of Chula Vista and' Berryman & Henigar 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: [insert business form] , a ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Berryman & Henigar 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X ) Corporation Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 18 /9:J~ 6. Place of Business, Telephone and Fax Number of Consultant: 11590 W. Bernardo Drive San Diego, California 92127 Voice Phone (619) 451-6100 Fax Phone (619) 451-2846 7. General Duties: to provide the City with all the required assessment engineering services for the formation of an assessment district pursuant to the "Municipal Improvement Act of 1913" (1913 Act) to fund the acquisition or construction of the following backbone facilities in the Otay Ranch: * Paseo Ranchero (4 lanes) - Telegraph Canyon Road to East Palomar Street (TDIF facility) East Palomar Street (4 lanes) - Paseo Ranchero to the Eastern Boundary of Village One Monarche Drive (2 lanes) - Around Park P-l * * Bonds are proposed to be issued pursuant to the Improvement Bond Act of 1915. 8. Scope of Work and Schedule: A. Detailed Scope of Work: BASIC SERVICES TASK I-NOTICE TO PROCEED TO RESOLUTION OF INTENTION A. B. Gather research materials, maps, assessor's parcel information, direct and indirect cost estimates and related data as required. Verify district boundary and zones of benefit (if any). Prepare methodology for the assessment spread based upon the information gathered within Task 1 A. The methodology shall demonstrate that the properties receive a special benefit. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.1dt April 11, 1997 Page 19 J9~JJ E. C. Prepare Boundary Map and Assessment Diagram of the proposed District. Prepare and deliver a specified quantity of mylars and bluelines as ordered by the City. Ð. Prepare a Preliminary Engineer's Report including estimated costs, incidental expenses, assessment roll, method of assessment, District Procedural Certificates, description of work, assessment diagram and Design Engineer furnished plans and specifications as required under the Act for City review. The Preliminary Engineer's Report shall be prepared by a Registered civil Engineer. Berryman & Henigar shall submit ten (10) copies of the Preliminary Engineer's Report to the City for review and comment. Complete Preliminary Engineer's Report for City Council approval and furnish specified amount of copies of the Preliminary Engineer's Report as ordered by the City. TASK 2-RESOLUTION OF INTENTION TO PUBLIC HEARING A. B. C. Record the Boundary Map with the responsible local official and the County Recorder as provided under the Act. Label and mail City-prepared (by bond counsel) notice and ballot to each property owners within the boundary of the proposed district as listed on the last equalized County Assessor's Roll. In accordance with Proposition 218, the record owner of each parcel will be notice of the proposed assessment, the total amount chargeable to the entire district, the amount chargeable to the owner's parcel and the duration of the payments, the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated. Update and amend the Preliminary Engineer's Report to reflect final estimated construction costs and project financing costs. Furnish City specified amount of copies of the Final Engineer's Report for City review and comment. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 20 J'l-J( D. Amend Boundary Map and Assessment Diagram of the proposed district, if needed. Amend, correct and deliver a specified quantity of mylars and bluelines as ordered by the City. E. Complete Final Engineer's Report and furnish specified amount of copies of the Final Engineer's Report as ordered by the City. F. Calculate percentage of property owner protest and tabulate the returned ballots. The ballots will be weighted according to the proportional financial obligation of the affected property. TASK 3-PUBLIC HEARING THROUGH RECORDATION OF PAID ASSESSMENTS A. B. C. D. E. F. Make amendments and corrections to the Boundary Map and Assessment Diagram and prepare confirmed report, as ordered by City Council pursuant to the Public Hearing. Furnish specified amount of copies of the confirmed Engineer's Report as ordered by the Agency. Label and mail City-prepared (by bond counsel) notices for the cash collection and notice of confirmed lien amounts, to all property owners listed in the confirmed Engineer's Report. Record Assessment Diagram of the district and confirmed liens for each parcel within the district. After cash collection period, prepare a list of paid and unpaid assessments and submit to County Treasurer. Recordation of List of Paid Assessments Record. of paid assessments to be deleted from the Auditor/Controller's records. Record list The Consultant shall deliver all final data, information, district diagram, assessment roll, and any other material produced under this agreement in computer digital files compatible with the software utilized by the City. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 21 )9- ;JS- A. B. C. D. E. F. G. Spreadsheets shall be compatible with Quattro Pro, database files with Paradox, word processing files with WordPerfect, and graphic files with AutoCAD. TASK 4-MEETINGS A. Attend up to four (4) project team meetings to develop information, and review results of preliminary and final reports. B. Attend City Council meeting for Resolution of Intention to form District. C. Attend the public meeting and public hearing for Resolution of Formation. OTHER SERVICES AS AUTHORIZED Prepare displays and/or audio-visual materials, as requested by the City. Additional mailings of notices to property owners not listed on last equalized roll of the County Assessor. Provide additional copies of reports, maps, or diagrams. Prepare utility agreements as required by other agencies for drainage, sewer or other utilities. Prepare right-of-way acquisition legal descriptions or mapping thereof. Provide City staff assistance, other than the services or record keeping required by the routine requirements of district engineering, in the event of an audit. Any other services desired and authorized by the City. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 22 19--..3 ~ E. F. G. H. 1. J. RESPONSIBILITIES OF THE CITY A. City to designate a responsible official to manage and coordinate the project. B. City shall make available to Berryman & Henigar all available data, information, reports, maps, plans, specifications, and other reasonable information for the proper performance for consultant's services. C. City (by Bond Counsel) all notices and ballots pertaining to the election and public hearings. D. City (by Bond Counsel) shall cause to be published all notices of public hearings or other meetings (i.e., newspaper and posting). City (by Bond Counsel) shall prepare all required resolutions. All environmental documentation will be provided by others. City shall retain qualified legal counsel to provide advice during the process. . City shall retain a qualified real estate appraiser provide appraised values of the property before and per parcel included in the formation and annexation as required. to after process, City to provide records of previous assessment obligation and encumbering proposed areas. City shall schedule and agendize meetings and hearings as required under the Act. Additional Services basis as authorized mutually acceptable attached. can be provided on a "time and material" in writing by the City Engineer for a fee in accordance with the rate schedule Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 23 /9 -J? B. C. D. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Preliminary Engineer's Report within 10 weeks after the notice to proceed Deliverable No.2: Assessment Diagram and Assessment Roll as confirmed within 7 days after public hearing Deliverable No.3: N/A Date for completion of all Consultant services: October 7, 1997 9. Insurance Requirements: (X) (X) (X) ( ) Statutory Worker's Compensation Insurance Employer's Liability Insurance coverage: $1,000,000. Commercial General Liability Insurance: $1,000,000. Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). (X) 10. Materials Required to be Supplied by City to Consultant: City shall provide the Consultant the following information; 1) site plans, 2) project description, and 3) Cost documentation for improvements to be acquired in format requested 11. Compensation: A. (X) Single Fixed Fee Arrangement. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 24 J9-:J r For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $27,000, payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee ~ ~ MILESTONE PreDaration of the Enaineer's ReDort From Notice of Proceed $17,000 to ROI (Lump sum) (Task 1) ROI to Public Hearing $ 6,500 (Task 2) (Lump Sum) 100% at ROI 100% at Public Hearing Public Hearing to Recordation $ 3,500 of Assessments (Lump Sum) (Task 3) 100% at Recordation Berryman & Henigar will invoice the City monthly for work completed during the previous month based on percent complete for each milestone. City shall advise Berryman & Henigar of any dispute regarding the percent completer within 10 days of receipt of invoice. All undisputed invoices shall be paid within 30 days of receipt. ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 25 J l' 31 satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services,. in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.1dt April 11, 1997 Page 26 )9"10 ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April II, 1997 Page 27 /i-f( Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation") . (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee of Consultant Name Hourly Rate ($) Principal Consultant Senior Associate Senior Associate Senior Analyst Senior Analyst Analyst II Word Processor III Dennis Klingelhofer William Hughes Joseph Francisco Lea Ann Brown OR Catherine Shepherd Deborah Head As Required 146 113 113 81 70 48 Cost or Rate (X) Materials Reports Copies (X) Mileage Actual plus 15% 31.5 cents/mile Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 28 /9.,J/;¡ (X) Printing (X) Postage (X) Delivery ( )Long Distance Telephone Charges ( )Other Actual Identifiable Direct Actual Actual Actual Actual Actual plus 15% plus 15% plus 15% Costs 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) 13. None, the compensation includes all costs. Cost or Rate Reports, not to exceed $------: Copies, not to exceed $------: Travel, not to exceed $------: Printing, not to exceed $------: Postage, not to exceed $------: Delivery, not to exceed $------ Long Distance Telephone Charges, not to exceed $------ Other Actual Identifiable Direct not to exceed $ , not to exceed $ Costs: Contract Administrators: City: Clifford L. Swanson City Engineer 276 fourth Avenue Chula Vista, CA 91910 Consultant: K. Dennis Klingelhofer 11590 W. Bernardo Drive San Diego, California 92127 14. Liquidated Damages Rate: Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 29 J9-fY ) $----- per day. ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X ) Not Applicable, Not an FPPC Filer. ) FPPC Filer ) Category No.1. income. Investments and sources of ) Category No.2. Interests in real property. ) Category No. property and regulatory, department. 3. Investments, interest in real sources of income subject to the permit or licensing authority of the ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ) Category No.5. Investments in business and sources of income of the type which, the past two years, have contracted with of Chula Vista (Redevelopment Agency) to services, supplies, materials, machinery equipment. entities within the City provide or ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Category No.7. Business positions. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 30 /9-1( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X ) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: (X ) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: 19. Security for Performance ) Performance Bond, $ ) Letter of Credit, $ ) Other Security: Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 31 J9,/jS-- Type: Amount: $ (X ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X ) Retention Percentage: 50% ( ) Retention Amount: $ Retention ( ) (X ) Release Event: Completion of All Consultant Services Other: At the completion of each task as shown on "Milestone Table" (Section ll.A of Exhibit A) Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 32 /9-t/? ATTACHMENT ..3 Parties and Recital Page(s) Agreement between City of Chula Vista and Brown, Diven & Hentschke for Bond Counseling Services] This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City is considering the financing of certain public improvements that will serve the Otay Ranch Village One properties, with financing proceedings to be conducted pursuant to the "Municipal Improvement Act of 1913" and the "Improvement Bond Act of 1915"; and, Whereas, the City is desirous of retaining professional bond counseling services for the formation of an assessment district for financing the construction of said improvements serving the Otay Ranch Village One; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 1 /9- if? (End of Recitals. Next Page starts Obligatory Provisions.) .. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 2 J1-J/Y Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, E. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated- does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 3 /1-1/1 In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categor- ies, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.1dt April 11, 1997 Page 4 J9~ and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (I) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, i997 Page 5 /9-51 Attorney" which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 1. Business License 1. The City Attorney's Office prefers that you obtain approval of the surety or bank, the form of the security and the amount of the security from the Risk Manager in the first instance and not the City Attorney. The City Attorney's office would be available on such risk issues as an alternate only if the Risk Manager is unavailable and the matter can't wait. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 6 J1~:L consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on. the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 7 .JÝ~3 account number indicated on Exhibit A, Paragraph 18 @ to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 8 J9-f{ when granted, will be based and will not be granted for unless it can be shown that progress of the work. upon the effect of delays to the work delays to minor portions of work such delays did or will delay the 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 9 -/9ff Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made t.o Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 10 '0 J~~St Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 11 -/9 -:5'? entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is - terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 12 /9.-% assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13 . Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee 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. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 13 /9'51 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. 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. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall entitled to recover all reasonable costs incurred in the of the claim, including costs and attorney's fees. be defense 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 14 /1~tð B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. 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 herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof- may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 15 /1"'1/ 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 the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 16 19-/';2- Signature Page to Agreement between City of Chula Vista Hentschke and Brown, Diven & for bond counseling services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 19- City of Chula Vista by: Shirley Horton, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated: Brown, Diven & Hentschke [Name of Consultant] By: (J~~.l..I..~ [name of person, title] Warren Diven, Partner By: [name of person, title] Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 17 /9"f, :> Exhibit List to Agreement (X ) Exhibit A. (X ) Exhibit B Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 18 J9-d.'! Exhibit A to Agreement between City of Chula Vista and Brown, Diven & Hentschke 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: [insert business form] , a ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Brown, Diven & Hentschke 5. Business Form of Consultant: ( ) Sole Proprietorship (X ) Partnership ( ) Corporation Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 19 -- )'1"-3 6. Place of Business, Telephone and Fax Number of Consultant: 12770 High Bluff Drive, #240 San Diego, California 92130 Voice Phone (619) 456-1915 Fax Phone (619) 259-0292 7. General Duties: to provide the City with all the required bond counsel services for the formation of an assessment district pursuant to the "Municipal Improvement Act of 1913" (1913 Act) to fund the acquisition or construction of the following backbone facilities in the Otay Ranch: * Paseo Ranchero (4 lanes) - Telegraph Canyon Road to East Palomar Street (TDIF facility) East Palomar Street (4 lanes) - Paseo Ranchero to the Eastern Boundary of Village One Monarche Drive (2 lanes) - Around Park P-1 * * Bonds are proposed to be issued pursuant to the Improvement Bond Act of 1915. 8. Scope of Work and Schedule: A. Detailed Scope of Work: SCOPE OF LEGAL SERVICES Brown, Diven & Hentschke ("Counsel") proposes to provide legal services in connection with the proposed assessment proceedings and bond issuance for the proposed Assessment District, under proceedings conducted pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California (the "Improvement Act"), and Article XIIID of the Constitution of the State of California ("Article XIIID"). The legal services shall include: Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 20 -./9'~? a. b. c. d. e. f. g. h. Review of the proposed rate and method of apportionment of the assessments in particular and the report of the assessment engineer in general to insure that all requirements of both the Improvement Act and Article XIIID are adequately addressed; Examination of the plans and specifications for the proposed work, the boundary map and assessment diagram of the Assessment District, the assessment roll and bonds, and the provision of instructions and advice in connection with the foregoing; Recommendations as to procedure, schedules and actions that should be undertaken to comply with the requirements of the Improvement Act, the Improvement Bond Act of 1915 and Article XIIID; Preparation of all resolutions, notices, contracts, including a reimbursement agreement and acquisition agreement, if applicable, Article XIIID ballots, bond forms, and other papers and documents required in the proceedings; Examination of the proceedings, step by step, as taken; Appearance at all hearings under the proceedings, and. attendance at any meeting where such attendance is requested; Participation with the City's financing team to determine the most appropriate structure of the bond issue; Assistance in the review of the official statement, bond purchase agreement or notice of sale and other supporting documentation relating to the offering for sale of the bonds; Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 21 lý-¿? k. m. n. i. Preparation or review of any continuing disclosure agreement required under SEC Rule 15c2-12 and provision of advice to the City regarding its original and continuing disclosure obligations pertaining to the bonds; , j. Consultation with the underwriter, their legal counsel, rating agencies and credit enhancement providers; Consultation with the trustee, fiscal agent or paying agent and their counsel; 1. Performance of legal services, if required, pursuant to the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and Highways Code of the State of California; Issuance of an approving legal opinion attesting to the validity of the proceedings and the issuance of the bonds; provision of any necessary supplemental legal opinions as to the applicability of the registration requirements of federal securities laws and other matters related to the issuance of bonds; provided, however, such opinions do not include the rendering of a 10(b)s opinion regarding the official statement. CITY OBLIGATIONS a. B. Furnish to Counsel such maps, records, title searches, and other documents and proceedings, or certified copies thereof, as are available and may be reasonably required by Counsel ~n the performance of the services hereunder; Date for Commencement of Consultant Services: Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 22 )9-~Jr C. D. (X) Same as Effective Date of Agreement ( ) Other: Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: N/A Deliverable No.2: N/A Deliverable No.3: N/A Date for completion of all Consultant services: Upon sale and delivery of bonds 9. Insurance Requirements: (X) (X) (X) ( ) Statutory Worker's Compensation Insurance Employer's Liability Insurance coverage: $1,000,000. Commercial General Liability Insurance: $1,000,000. Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). ( ) 10. Materials Required to be Supplied by City to Consultant: City shall furnish to Counsel such maps, records, title searches, and other documents and proceedings, or certified copies thereof, as are available and may be reasonably required by Counsel in the performance of the services hereunder; 11. Compensation: A. (X) Single Fixed Fee Arrangement. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 23 /9'~1 For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: follows: , payable as Milestone or Event or Deliverable Amount or Percent of Fixed Fee (SEE EXHIBIT B) ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 24 /9-?p not convert this agreement to a time and materials basis of payment. B. Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with' each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for said Phase 1. $ 2. $ 3. $ } 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 25 19"?1 sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation") . (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 26 /9 -?tÂ- authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee of Consultant Name Hourly Rate ) Hourly rates may increase by 6% for services rendered after [month], 19 ,if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (SEE EXHIBIT B) ( ) None, the compensation includes all costs. Cost or Rate ( ) ( ) ( ) ( ) Reports, not to exceed $------: Copies, not to exceed $------: Travel, not to exceed $------: Printing, not to exceed $------ Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 27 J9'-l3 ( ) ( ) ( ) Postage, not to exceed $------: Delivery, not to exceed $------: Long Distance Telephone Charges, not to exceed $------ Other Actual Identifiable Direct not to exceed $ , not to exceed $ ( ) Costs: 13 . Contract Administrators: City: Clifford L. Swanson City Engineer 276 Fourth Avenue Chula Vista, CA 91910 Consultant: Warren Diven 12770 High Bluff Drive San Diego, Ca 92130 14. Liquidated Damages Rate: ) $----- per day. ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X ) Not Applicable. Not an FPPC Filer. ) FPPC Filer ) Category No.1. income. Investments and sources of ) Category No.2. Interests in real property. ) Category No.3. Investments, interest in real property and sources of income subject to the Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 28 19-?'/ regulatory, department. permit or licensing authority of the ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. } Category No.5. Investments in business and sources of income of the type which, the past two years, have contracted with of Chula Vista (Redevelopment Agency) to services, supplies, materials, machinery equipment. entities within the City provide or ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if an~: 16. } Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: N/A 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 29 /9 - ?5 ( ) Monthly ( ) Quarterly (X ) Other: Issuance and of project sale of bonds or abandonment B. Day of the Period for submission of Consultant's Billing: ) First of the Month ) 15th Day of each Month } End of the Month } Other: C. City's Account Number: 19. Security for Performance } Performance Bond, $ } Letter of Credit, $ ) Other Security: Type: Amount: $ ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: } Retention Percentage: ) Retention Amount: $ % Retention Release Event: } Completion of All Consultant Services } Other: Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 30 J9-?? Exhibit B to Agreement between City of Chula Vista and Brown, Diven & Hentschke Fees are to be computed on the confirmed assessment as follows: One-half of one percent (0.5%) of the first $5,000,000; One-quarter of one percent (0.25%) of the amount from $5,000,001 to $10,000,000; One-eight of one percent (0.125%) of the amount from $10,000,001 to $15,000,000; One-sixteenth of one percent (0.0625%) on the balance; with a minimum fee for legal services of $15,000. If temporary bond anticipation notes are issued, the fee shall be twenty-five percent (25%) of the fee as above set forth, but not less than $2,500.00. Payment of the above fees for bond counsel services would be due and payable in full upon receipt of money from the sale and delivery of bonds and/or notes to the successful underwriter. ADDITIONAL LEGAL SERVICES The fees specified in the preceding section are related only to the legal services described in Scope of Services above. Upon written request of the City, Counsel will provide additional legal services relating to said project, including, but not limited to, the following: A. Representation of the City in related environmental proceedings; Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 31 /f-ll B. C. D. E. Representation of the City in the acquisition of property by negotiation or condemnation necessary for the improvements to be financed through the Assessment District; Representation of the City in the litigation challenging the validity of the proceedings to form the Assessment District or the issuance of the bonds for the Assessment District; or Provision of advice regarding the ongoing continuing disclosure obligations of the City pertaining to the bonds issued for the Assessment District; Provision of such other legal services pertaining to the Assessment District and/or the bonds as the City may request. Counsel will perform any of the above services at the hourly rate of $125 or such other rate as may be mutually agreed upon before any such service is actually performed. TERMINATION OF PROCEEDINGS TO FORM ASSESSMENT DISTRICT In the event the proceedings are terminated or abandoned prior to completion, Counsel would be paid a reasonable fee for legal services rendered to the date of termination based on an hourly rate of $125 per hour, not to exceed $5,000; provided, however, such sum would be payable solely from advances made to the City from the owner or developer of the Village One property and the City's general fund would not be liable for any such payment. COST AND EXPENSES Counsel proposes to pay costs and expenses incurred with the exception of those specific costs identified in this section. Expenses to be billed to City would include only extraordinary messenger and/or overnight mail delivery services (actual cost), copying ($0.05 per page), facsimile (transmission only- $0.25 Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.1dt April 11, 1997 Page 32 -/9- l r per page) and preparation and printing of bonds and transcripts by Counsel, if required. Such costs would be due and payable upon the issuance of the bonds or the termination of the proceedings to form the Assessment District. Reimbursable costs incurred prior to termination of the proceedings to form the Assessment District would be payable only from property owner or developer advances to the City Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.1dt April 11, 1997 Page 33 19-?i ATTACHMENT 1- Parties and Recital Page(s) Agreement between City of Chula Vista and Kadie-Jensen, Johnson & Bodnar for Financial Consulting Services This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ( "Consul tant") , and is made with reference to the following facts: Recitals Whereas, the City is considering the financing of certain public improvements that will serve the Otay Ranch Village One properties, with financing proceedings to be conducted pursuant to the "Municipal Improvement Act of 1913" and the "Improvement- Bond Act of 1915"; and, Whereas, the City is desirous of retaining a professional financial consulting services for the formation of an assessment district for financing the construction of said improvements serving the Otay Ranch Village One; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided al.l in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 1 19 -~() Obligatory provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicate~ does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 2 J9-?/ In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categor- ies, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation'Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.1dt April 11, 1997 Page 3 /f-rJ- and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 4 J9"'~3 Attorney" which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 1. Business License 1. The City Attorney's Office prefers that you obtain approval of the surety or bank, the form of the security and the amount of the security from the Risk Manager in the first instance and not the City Attorney. The City Attorney's office would be available on such risk issues as an alternate only if the Risk Manager is unavailable and the matter can't wait. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 ~ Page 5 / '7 -¿} Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2, Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on- the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket.expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's Standard Form Two Party Agreement H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 /9 -Y5 (Fifth Revision) Page 6 account number indicated on Exhibit A, Paragraph 18 @ to be charged upon making such payment. 3, Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 7 19"- ~¿, and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 -_/'7-~? Page 8 Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 /9 --~ Page 9 Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 10 J1-'6"Î satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effec~ive date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive jUSt and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 11 J9-1ð Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and an~ of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee 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. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 12 /9 -1 ( No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. 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. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall entitled to recover all reasonable costs incurred in the of the claim, including costs and attorney's fees. be defense 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement. of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 13 J 9 /'1,2.. If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. 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 herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 14 )9-9) arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 15 /9 -~'i Signature Page to Agreement between City of Chula Vista and Kadie-Jensen, Johnson & Bodnar for financial consulting services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 19- City of Chula Vista by: Shirley Horton, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: John M. Kaheny, City Attorney [Name of Consultant] Dated: I f;. JJ" 13 By: [name of person, title] Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 16 /9 -9S' Exhibit List to Agreement (X ) Exhibit A. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 17 /7~7? Exhibit A to Agreement between City of Chula Vista and Kadie-Jensen, Johnson and Bodnar 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: [insert business form] , a ("City") 3. place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Kadie-Jensen, Johnson & Bodnar 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X ) Corporation Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 18 Jf-¿? 6. Place of Business, Telephone and Fax Number of Consultant: 7801 Mission Center Court, Suite 229 San Diego, California 92108 Voice Phone (619) 296-1450 Fax Phone (619) 296-3783 7. General Duties: to provide the City with all the required financial consulting services for the formation of an assessment district pursuant to the "Municipal Improvement Act of 1913" (1913 Act) to fund the acquisition or construction of the following backbone facilities in the Otay Ranch: * Paseo Ranchero (4 lanes) - Telegraph Canyon Road to East Palomar Street (TDIF facility) East Palomar Street (4 lanes) - Paseo Ranchero to the Eastern Boundary of Village One Monarche Drive (2 lanes) - Around Park P-l * * Bonds are proposed to be issued pursuant to the Improvement Bond Act of 1915. 8. Scope of Work and Schedule: A. Detailed Scope of Work: I. CONSULTANT RESPONSIBILITIES Under the general direction of the City Manager Or his designated representatives, Consultant shall provide the City with all required professional financing consulting services for the Project. This includes: A. Preparation of Financing Plan - Consultant shall review and examine City's current criteria with regard to municipal financing, including lien ratio requirements, analyze tax rate impact from the use of public debt financing and maximum annual tax. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.1dt April 11, 1997 -19 --9 Y' Page 19 - Review the financial feasibility of Because of the recent history of this involvement of the Baldwin Company, a plan may be difficult to develop. the Project. Project and the viable financing - Discuss the Project plan with City staff and property owner(s) to ensure that there is full disclosure to all parties of the risks involved. B. District Formation for Proiect - Consultant shall work with the Assessment Engineer in developing the method of spreading the assessment for the Project. This will assure that the appropriate methodology has been considered in terms of its effect on bond marketing. - Attend such meetings of property owner(s) as directed by the City. - Be available for any other meetings, hearings or consultations as may be requested by the City. C. Analvsis of Bond Marketincr - Consultant shall analyze the marketing methods appropriate to the Project including the amount, type and quality of security. - Recommend a marketing format to the City: 1. Competitive sealed bids, or 2. Negotiated sale Based on the information available to date, it is likely that the Bonds will be marketed through a negotiated sale. This Project has unique problems that will require substantially more work to protect the Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 20 -- /9 ~'1 City's interests, insure full disclosure, and successfully market the bonds. D. Sale of Bonds 1. ComDetitive Sealed Bids In the event that it is decided to market the bonds on a competitive sealed bid basis, Consultant' services shall include, but not limited to the following: - Assist Special Disclosure Counsel in the preparation of an Official Statement which would comply with all current S.E.C rules and regulations governing disclosure and issuance of municipal securities, including all current available information useful to the prospective underwriters in evaluating the security of the bonds to be offered. - Assist Bond Counsel in preparing the Notice of Sale and arrange for required publication. - On approval of the Notice of Sale and the Official Statement by the City, mail the Official Statement, the notice of Sale, and a bid form to-a comprehensive list of prospective assessment district bond underwriters, - Arrange for a tour of the Project area by prospective underwriters. - Undertake such other services and analyses as may be required or desirable to assure that the City receives the best possible bids on the bonds being sold and fulfills its obligation for complete disclosure. - On the bond sale date, assist the City in opening and evaluating the bids for the purchase Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 21 -/f /Jðt? of the bonds, and make a recommendation for award of the bonds to the lower bidder. - Assist the City, as needed, to assure the timely delivery of bonds and closing. - Be available for meetings of the City Council, or other meetings or consultations as may be required by the City. 2. Neaotiated Sale In the event that it is decided to market the bonds on a negotiated basis, Consultant' services shall include, but not limited to the following: - Consultant shall assist the City in the selection of underwriter{s) for a negotiated sale. The selection of underwriter is a key to the successful completion of this project. The underwriter has the responsibility of preparing the Official Statement and using its own legal counsel to insure that disclosure laws are adhere to. The underwriter must have the experience and established track record of marketing several assessment district bond issues in order to understand the risks and problems associated with this Project. In the event that the City selects an underwriter that, in the opinion of the Consultant, does not meet these requirements, Consultant may withdraw from this Agreement by providing 30 days notice to the City. - Assist the City in negotiating with the underwriter{s) for the sale of bonds. - Assist Bond Counsel in preparing the required legal documents. - Undertake such other services and analyses as may be required to assure that the City receives the best Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 22 -/1 "It) / possible price on the Bonds and fulfills its obligation for complete disclosure. - Attend such meetings of the City Councilor staff as directed by the City. - Assist the City, as needed, to assure the timely delivery of Bonds and closing. II. PROJECT CONSULT~S Consultant shall have the responsibility for hiring an appraiser, subject to the prior approval of the City Engineer and the Finance Director; both as to selection and compensation. The City shall reimburse the Consultant for the cost of the services provided by the appraiser Other subconsultants (such as the Special Disclosure Counsel) may be employed by the Consultant but only subject to the prior approval of the City Engineer and the Finance Director; both as to selection and compensation. City reserves the right to employ, at its own expense, any or all consultants, or other personnel it deems necessary to complete the Project. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: N/A Deliverable No.2: N/A Deliverable No.3: N/A Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 23 J 9 '-/&;2- D. (X) (X) (X) ( ) ( ) Date for completion of all Consultant services: The term of this agreement shall run from its date to January 1, 2005, or upon sale and delivery of bonds. Insurance Requirements: Statutory Worker's Compensation Insurance Employer's Liability Insurance coverage: $1,000,000. Commercial General Liability Insurance: $1,000,000. Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: 11. Compensation: A. (X) Single Fixed Fee Arrangement. I. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $35,000, payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee * For services provided under I.A. through I.C. (Section B.A of Exhibit A) * For services provided under I.D. (Section B.A of Exhibit A) (subject to successful sale of the bonds) II. $10,000 $25,000 For other services: a. In addition to any fees which may come due hereunder, consultant will be reimbursed, at cost, Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 24 ¡9-/tJ;J b. c. for any out-of-pocket expenses incurred for any of the following purposes: printing and mailing of the Preliminary and Final Official Statements and any accompanying documents required for the marketing of the bonds: publication of the Notice of Sale; and preparation of a Statement of Overlapping debt. The total amount of such reimbursement shall not exceed $14,000. Said maximum amount does not include the cost of obtaining a bond rating, insurance, or Special Disclosure Counsel. The reimbursement of the foregoing expenses is not contingent on or subject to the sale of bonds. City shall reimburse Consultant for the cost of the services relating to subconsultants. The amount to be paid for services of an appraiser and/or a Special Disclosure Counsel shall not exceed $20,000 total for both subconsultants. If any sale of bonds is canceled or postponed beyond one year from the date of commencement of proceedings for such sale, or if this contract is terminated by either party for any reason, Consultant shall be paid for services rendered at the rate of $135 per hour and will additionally be reimbursed for any out-of-pocket expenses incurred in connection with the services required by this contract, The maximum amount to be paid for these services is $10,000. . Said maximum amount does not include any expenses under Section 11.A.II.a or Section 11.A.II.b of Exhibit A. ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 25 j9~/¿7f returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. 3. 2. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 26 J9-/¿73 $ $ $ ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by- the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 27 19--/19? Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation") . (2) ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee of Consultant Name Hourly Rate Financial Consultant Carl Kadie $135 ) Hourly rates may increase by 6% for services rendered after [month], 19 ,if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 28 }7'-/ð? For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) None, the compensation includes all costs. Cost or Rate Reports, not to exceed $------: Copies, not to exceed $------: Travel, not to exceed $------ Printing, not to exceed $------ Postage, not to exceed $------: Delivery, not to exceed $------ Long Distance Telephone Charges, not to exceed $------. Other Actual Identifiable Direct not to exceed $ , not to exceed $ Costs: 13. Contract Administrators: City: Clifford L. Swanson City Engineer 276 Fourth Avenue Chula Vista, CA 91910 Consultant: Carl Kadie 7801 Mission Center Court, Suite 229 San Diego, Ca 92108 14. Liquidated Damages Rate: ) $----- per day. ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X ) Not Applicable. Not an FPPC Filer. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 29 /9r/t1r ) FPPC Filer ) Category No.1. income. Investments and sources of ) Category No.2. Interests in real property. ) Category No. property and regulatory, department. 3. Investments, interest in real sources of income subject to the permit or licensing authority of the ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ) Category No.5. Investments in business and sources of income of the type which, the past two years, have contracted with of Chula Vista (Redevelopment Agency) to services, supplies, materials, machinery equipment. entities within the City provide or ) Category No.6. Investments in business entities and sources of income of the type which, within. the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 30 /-9,/tfJt 16. ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: Consultant shall have the responsibility for hiring an appraiser, subject to the prior approval of the City Engineer; both as to selection and compensation. The City shall reimburse the Consultant for the cost of the services provided by the appraiser 18. Bill processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X ) Other: l)At issuance and sale of bonds or abandonment of project. 2) As required to pay subconsultants B. Day of the Period for submission of Consultant's Billing: ) First of the Month ) 15th Day of each Month ) End of the Month ) Other: C. City's Account Number: 19. Security for Performance ) Performance Bond, $ ) Letter of Credit, $ ) Other Security: Type: Amount: $ Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 31 /f-//¿J ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ) Retention Percentage: ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 32 /1 -/// New condition 109 Prior to the approval of the first final "B" map, the developer shall provide security satisfactory to the City Engineer to guarantee the construction of the following improvements: 1. One-half of the improvements in East Palomar Street between Paseo Ranchero and La Media Road. 2. Fair share of the improvements for the pedestrian bridges connecting Village One to Village Five, Village One to Village Two, and Village Five to Village Six. '.. 3. Fair share of the improvements for the two bus stops on East Palomar Street at Village One and Village Five Cores in accordance with the conceptual design titled "Double Lane Off-Set Bus Pad" presented in the approved "Village Design Plan". The amount of the security for the above noted improvements shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City. 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate, approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be- required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. The security requirements may be satisfied through the construction of the facilities or with the City's approval of the following: the establishment of a reimbursement mechanism, a development impact fee program, an assessment mechanism, or other equitable facility financing program within the City's discretion. A Final "A" Map is defined as a master final subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which shows "Super Block" lots corresponding to the units and phasing or combination of units and phasing thereof, and which does not contains individual single or multi-family lots or a subdivision of the multi-family lots shown on the tentative map, Subsequent to the approval of a 17' -//2 Final "A" Map, the applicant may process the necessary Final "B" Maps. A Final "B" Map is defined as a final subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which proposes to subdivide land into individual single or multi-family lots, or contains a subdivision of the multi-family lots shown on the tentative map. The Final "B" Map shall be in s substantial conformance with the related approved Final "A" Map. New condition (Streets) The developer shall dedicate the right-of-way within the boundaries of the tentative map for other land owners to pioneer public facilities in the property at such time as required by the Public Facilities Financing plan (PFFP); provided, however that such dedications shall be restricted to those reasonably necessary for the construction of the facilities identified in the PFFP. Jfl-/IJ NOT SC~ May 14, 1997 TO: The Honorable Mayor and City coun.c~. John D. Goss, city Manager~ ~~J city Council Meeting of May 20,Cl997 FROM: SUBJECT: This will transmit the agenda and related materials for the regular city Council meeting of Tuesday, May 20, 1997. Comments regarding the written communications are as follows: Sa. This is a letter from the city Attorney stating that, as a result of deliberations that occured in Closed Session on May 13, 1997, the City Attorney's Office reports in Cruz v. City of Chula vista that the City Council agreed to accept the arbitration award. Except for the foregoing, there were no other observed reportable actions taken by the city Council in Closed Session. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. JDG:mab ~~~ -.- ~..,;;-~~..,¡;;; ~~ CITY Of CHUIA VISTA OFFICE OF THE CITY ATTORNEY Date: May 14, 1997 From: The Honorable Mayor and City coun;!:K'~ John M. Kaheny, City Attorney ~~- ~ Report Regarding Actions Tak~ in Closed Session for the Meeting of 5/13/97 To: Re: The purpose of this letter is to announce that as a result of deliberations that occurred in Closed Session on May 13, 1997, the City Attorney's office reports in Cruz v. City of Chula vista that the City Council agreed to accept the arbitration award, Except for the foregoing, there was no other observed reportable action taken by the city Council in Closed Session. JMK:lgk C:\lt\clossess.rep ~-/ 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612 ,t¿,..."""",-,... .' ESTIMATE OF MAINTENANCE COSTS FY 97.9a OPEN SPACE DISTRICT NO. 1 OPEN SPACE DISTRICT NO. 2 OPEN SPACE DISTRICT NO.3 1997-1998 1996-1997 1995-1996 1997.1998 1996-1997 1995-1996 1997-1998 1996-1997 1995-1996 Personal Services Utilities $529.00 $529.00 $18,890.00 $133.00 $133.00 $2,160.00 $481.00 $481.00 $11,180.00 Trash Collection & Disposal 1,400.00 280.00 280.00 Water 19,389.00 19,389.00 2,053.00 2,053.00 12,453.00 12,453.00 Service 10 main b1dg,structgrds 360.00 360.00 40.00 40.00 400.00 400.00 City StalfServices 9,836.00 9,836.00 7,060.00 1,%3.00 1,%3.00 1,290.00 5,720.00 5,720.00 4,500.00 Coo...ct Services 25,461.00 34,711.00 27,010.00 5,571.00 5,571.00 5,530.00 16,980.00 16,980.00 16,850.00 Landscape Supplies 980.00 980.00 337.00 337.00 340.00 207.00 207.00 210.00 Materials 10 main bldg~struct. 1,040.00 1,040.00 1,040.00 380.00 380.00 380.00 800.00 800.00 800.00 Backflow Certification 360.00 40.00 400.00 Profussional Services Supp1ementals OIher commodities Advertising ~ ESTIMATED MAINTENANCE C $58,995.00 $66,145.00 $55,620.00 $10,477.00 $10,477.00 $9,740.00 $37,041.00 $37,041.00 $33,940.00 \ Reserve Requirement $33,627.00 $28,905.00 $31,913.00 $6,601.00 $6,810.00 $5,922.00 $22,225.00 $24,077.00 $24,923.00 .......... Reserve Percent 57.00% 43.70% 57.38% 63.00% 65.00% 60.80% 60.00'-' 65.00% 73.43% Additional reserve 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Less Fund Balance $35,900.00 $38,300.00 $51,100.00 $8,500.00 $8,700.00 {;:36O.00 $26,800.00 $31,700.00 $32,056.00 NET ASSESSMENT $56,722.00 $56,750.00 $34,903.00 $8,578.00 $8,587.00 ,432.00 $32,466.00 $29,418.00 $25,877.00 EDU'S 661.79 661.79 661.79 249.00 249.00 249.00 127.00 127.00 127.00 CollectiblelEDU $85.71 $85.75 $52.74 $34.45 $34.49 $29.85 $255.64 $231.64 $203.76 Percent change !tom prior years -0'-' 63% -32"/. -0'-' 16% -150/. 10'-' 14% -24% Collectible - even dollar $86 $86 $53 534 534 $30 52S6 $232 5204 Revenue !tom even $ payment $56,914 $56,914 $35,075 $8,466 $8,466 $7,470 $32,512 $29,464 $25,908 Assessment $89.61 $86.00 $81 $41.58 $39.90 $39 $284.61 $273.14 $267 Assessment wi1h CPI4.2"-' $89.61 $82.86 $41.58 $39.90 $284.61 $273.14 Budge1lEDU $89.14 $99.95 $84.04 842.08 842.08 $39.12 $291.66 $291.66 $267.24 Percent change !tom nrior years -11% 19% 0'-' 8% 0% 9% Protest. (I) Es\ima1ed fund balance for July 97 as of January 97. (2) Utilities included water/elec1ric prior 10 FY %m F:\homelEngl"""""""'\97osd.wql 3/21/97 ~ ~ ::r: §~ ~ ESTIMATE OF MAINTENANCE COSTS FY97-9B ~ OPEN SPACE DISTRICT NO. 4 OPEN SPACE DISTRICT NO. 5 OPEN SPACE DISTRICT NO.6 1997-1998 1996-1997 1995-1996 1997-1998 1996-1997 1995-1996 1997-1998 1996-1997 1995-1996 Persooal Semces Utilities $985.00 $985.00 $13,ltO.00 $180.00 $180.00 $8,630.00 $200.00 $200.00 $5,050.00 Trash Collectioo & Disposal Water 12,360.00 12.360.00 8,220.00 8,220.00 5,140.00 5,140.00 Service 10 main bldg,struct,grds 600.00 600.00 120.00 120.00 120.00 120.00 City SIaff Semces 9,092.00 9,092.00 7.420.00 5,494.00 5.494.00 4,580.00 2.583.00 2.583.00 2.160.00 Contract Semces 35,943.00 35,943.00 35,620.00 19,683.00 19,683.00 19,510.00 5,731.00 5,731.00 5,680.00 Landscape Supplies 1,103.00 1,103.00 1,100.00 947.00 947.00 950.00 3lt.00 311.00 310.00 Materials 10 main bldg~struct. 800.00 800.00 800.00 800.00 800.00 800.00 780.00 780.00 780.00 Bacldlow Cer1iftcatioo 600.00 120.00 120.00 Professiooa1 Services Supplementals O1her commodities Advertising ESTIMATED MAINTENANCE C 860,883.00 860,883.00 $58,650.00 $35,444.00 $35,444.00 $34,590.00 $14,865.00 $14,865.00 $14,100.00 Reserve Requirement S36,530.00 $39,574.00 $31,367.00 $18,076.00 $17,722.00 $22.875.00 $12.635.00 $13,379.00 $13,720.00 Reserve Percent 60.00% 65.00% 53.48% 51.00% 50.00"/0 66.13% 85.00"" 90.00% 97.30% Additiooa1 reserve 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Less Fand Balance $36,700.00 $42.200.00 $41,301.00 $20,100.00 $19,600.00 $28,569.00 $16,000.00 $17,700.00 $27,507.00 NET ASSESSMENT 860,713.00 $58,257.00 $47,096.00 $33,420.00 $33,566.00 $27,946.00 $lt,500.00 $10,544.00 (867.00) EDU'S 210.00 210.00 210.00 122.00 122.00 122.00 162.00 162.00 162.00 CollectiblelEDU $289. It $277.41 $224.27 $273.93 $275.13 $229.D7 $70.99 865.09 SO.OO Percent change ftom prior years 4% 240/0 -21% -0% :ZOO" -6% 9"" DR -100% Collectible - even dollar $289 $277 5224 $274 $275 $229 571 $65 SO Revenue ftom even $ payment 860,690 $58,170 $47,040 $33,428 $33,550 $27,938 $lt,502 $10,530 SO Assessment $30D.61 $288.49 $282 $293.15 $281.33 $275 $144.97 $139.13 $136 Assessment wilh CP14.2% $300.61 $288.49 $293.15 $281.33 $144.97 $139.13 BudgeVEDU $289.92 $289.92 $279.29 $290.53 $290.53 $283.52 $91.76 $91.76 $87.04 Percent chonne ftom oriar vears 0% 4% 0% 2"" 00" 5% {'J Pro-. ElhomeIEngi.-.lOpenspoc\97oed.wql 3121/97 ~ LN ESTIMATE OF MAINTENANCE COSTS FY 97-98 OPEN SPACE DISTRICT NO. 7 OPEN SPACE DISTRICT NO. , OPEN SPACE DISTRICT NO. 9 1997-1998 1996-1997 1995-19% 1997-1998 19%-1997 1995-19% 1997-1998 19%-1997 1995-19% Personal Services Utilities $130.00 $130.00 $3,710.00 $300.00 $300.00 $10,970.00 $360.00 $360.00 $18,500.00 Trash Collection & Disposal t,4OO.00 1,400.00 1,400.00 Water 3,868.00 3,868.00 12,717.00 12,717.00 19,474.00 19,474.00 Service to main bldg,s1ructgrds 200.00 200.00 320.00 320.00 320.00 320.00 City Staff Services 1.962.00 1,962.00 1,660.00 8,000.00 8,000.00 6,290.00 7,819.00 7,819.00 6,260.00 Con1rac1 Services 3,717.00 3,717.00 3,690.00 31,052.00 31,052.00 30,760.00 20,002.00 20,002.00 19,840.00 Landscape Supplies 234.00 234.00 230.00 422.00 422.00 420.00 1,005.00 1,005.00 1,010.00 Materials to main bldgs,struct. 360.00 360.00 360.00 350.00 350.00 350.00 1,500.00 1,500.00 1,500.00 Backßow Certification 200.00 320.00 320.00 Professional Services Supplementals 01her commodities Advertising ESTIMATED MAINTENANCE C $10,471.00 $10,471.00 $9,850.00 $53,161.00 $53,161.00 $49,110.00 $51,880.00 $51,880.00 $48,830.00 Reserve Requirement $6,806.00 $6,806.00 $6,305.00 $27,644.00 $28,175.00 $28,417.00 $33,722.00 $33,722.00 $30,387.00 Reserve Pen:ent 65.00% 65.00% 64.01% 52.000/. 53.00% 57.86% 65.00% 65.00% 62.23% Additional reserve 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Less Fund Balance $7,960.00 $7,900.00 $11,952.00 $32,200.00 $32,800.00 $43,133.00 $41,500.00 $38,300.00 $42,319.00 NET ASSESSMENT $9,317.00 $9,377.00 $4,053.00 $48,605.00 $48,536.00 $33,044.00 $44,102.00 $47,302.00 $35,548.00 EDU'S 104.00 104.00 104.00 110.00 110.00 110.00 384.00 384.00 384.00 CollectiblelEDU $89.59 $90.16 $38.97 $441.86 $441.24 $300.40 $114.85 $123.18 $92.57 Percent change ftom prior years -1% 131% -59% 0% 47% -30% -7% 33% -9% Collectible - even dollar $90 $90 $39 $442 5441 $300 $115 $123 $93 Revenue ftom even $ payment $9,360 $9,360 $4,056 $48,620 $48,510 $33,000 $44,160 $47,232 $35,712 Assessment $101.27 $97.19 $95 $462.63 $443.98 $434 $131.11 $125.83 $123 Assessment with CPI4.2"/. $101.27 $97.19 $462.63 $443.98 $131.11 $125.83 BudgetlEDU $100.68 $100.68 $94.71 $483.28 $483.28 $446.45 $135.10 $135.10 $127.16 Percent cluuu!e ftom Drior years 0% 6% 0% 8% 0% 6% Protest: F_n9~700d.wql 3121197 ESTIMATE OF MAINTENANCE COSTS FY 97-96 OPEN sPACE DISTRICT NO. 10 OPEN SPACE DISTRICT NO. 11 OPEN SPACE DISTRICT NO. 14 1997-1998 1996-1997 1995-1996 1997-1998 1996-1997 1995-1996 1997-1998 1996-\997 1995-1996 Personal Services Utilities $180.00 $180.00 $13,%0.00 $660.00 5660.00 $28,680.00 $1,440.00 $1,440.00 $70,890.00 Trash Collection & Disposal 280.00 280.00 280.00 Water 13,781.00 13,781.00 29,175.00 29,175.00 76,567.00 76,567.00 Service to main bldg,s1mct,grds 200.00 200.00 440.00 440.00 1,240.00 1,240.00 City StalfServices 8,285.00 8,285.00 6,800.00 18,710.00 18,710.00 14,070.00 36,998.00 36,998.00 29,050.00 C001ract Services 31,613.00 31,613.00 31,330.00 75,467.00 75,467.00 67,410.00 134,763.00 134,763.00 133,580.00 Landscape Sopplies 739.00 739.00 740.00 711.00 711.00 710.00 3,176.00 3,176.00 3,180.00 Materials to main bldg~s1ruct. 380.00 380.00 380.00 3,440.00 3,440.00 3,440.00 4,000.00 4,000.00 4,000.00 Bacldlow Certificatioo 200.00 440.00 1,240.00 Professional Services Sopp1ementals Other commodities Advertising ESTIMATED MAINTENANCE C $55,178.00 $55,178.00 $53,410.00 $128,883.00 $128,883.00 $115,030.00 $258,184.00 $258,184.00 5241,940.00 Reserve Requirement $34,762.00 $32,555.00 $29,086.00 569,597.00 567,019.00 567,\04.00 5167,820.00 5162,656.00 5151.717.00 Reserve Percent 63.00% 59.000/. 54.46% 54.00% 52.00% 58.34% 65.00% 63.00% 62.71% Additional reserve 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Less Fund Balance $37,300.00 $34,900.00 $36,402.00 586,200.00 583,400.00 580,365.00 5189,100.00 5182,040.00 5256,215.00 NET ASSESSMENT $52,640.00 552,833.00 $44,624.00 $112,280.00 5112,502.00 598,579.00 5236,904.00 5238,800.00 5130,722.00 EDU'S 630.37 630.37 630.37 1321.03 1321.03 1321.03 873.36 872.36 873.36 Collectib1e1EDU 583.51 $83.81 570.79 584.99 585.16 574.62 $271.26 5273.74 $\49.68 Percent change ftcm prior years -Ø% 1W. 68% -Ø% 140/. -11% -\% 83% -45% Collectible - even dollar $84 $84 $7\ $85 S85 $74 5271 5273 5150 Revenue ftom even 5 payment $52,951 $52,951 $44,756 5112,238 5112,288 $97,756 5236,681 $238,154 5131,004 Assessment $88.48 $84.91 $83 $89.54 $85.93 $84 $287.81 $276.21 $270 Assessment with CPI4.2"/. $88.48 $84.91 $89.54 $85.93 $287.81 $276.21 BudgetlEDU $87.53 $87.53 $84.73 $97.56 $97.56 $87.08 $295.62 $295.% $277.02 Percent "'.n.e ftcm mior """'" 0% 3% 0% 12"" q,. 7"" ~ \ ~ Protest. F:\I1ome\Eng<neet\0pen8p0C\9700d.wq1 3/21/97 Includes Sweetwater Authority. ~ ~ ESTIMATE OF MAINTENANCE COSTS FY 97-98 OPEN SPACE DISTRICT NO. 15 OPEN SPACE DISTRICT NO. 17 OPEN SPACE DISTRICT NO. 18 1997-1998 19%-1997 1995-19% 1997-1998 19%-1997 1995.19% 1997.1998 1996-1997 1995.1996 Personal Services Utilities $120.00 $120.00 $4,340.00 $1,044.00 $1,044.00 $34,400.00 Trash Collection & Disposal 560.00 560.00 560.00 Warer 6,085.00 6,085.00 32,479.00 32,479.00 Service to main bldg,struct,grds 120.00 120.00 City Staff Services 2,832.00 2,832.00 2,220.00 2,282.00 1,082.00 2,340.00 16,510.00 16,510.00 13,560.00 Con1ract Services 7,024.00 7,024.00 6,970.00 1,959.00 1,959.00 1,940.00 61,\12.00 61,\12.00 60,560.00 Landscape Supplies 204.00 204.00 200.00 550.00 550.00 550.00 986.00 986.00 990.00 Materials to main bldgs,struct. 240.00 240.00 240.00 100.00 100.00 100.00 1,200.00 1,200.00 1,200.00 Backflow Certification 120.00 Professional Services Supplementals Other commodities Advel1ising ESTIMATED MAINTENANCE C $16,625.00 $16,625.00 $14,090.00 $5,451.00 $4,251.00 $5,490.00 $\13,331.00 $\13,331.00 $\10,710.00 Reserve Reqoirement $8,978.00 $8,313.00 $8,432.00 $5,451.00 $4,251.00 $5,376.00 $73,665.00 $73,665.00 $77,501.00 Reserve Percent 54.00% 50.00% 59.84% 100.00% 100.00% 97.92"10 65.00% 65.00% 70.00% Additional reserve 0.00 0.00 0.00 0.00 $3,950.00 $2,507.00 0.00 0.00 0.00 Less Pand Balance $9,960.00 $9,850.00 $\1,346.00 $\1,300.00 $12,400.00 $13,233.00 $82,300.00 $98,600.00 $94,253.00 NET ASSESSMENT $15,643.00 $15,088.00 $10,796.00 ($398.00) $52.00 SO.OO $104,696.00 $88,396.00 $90,888.00 EDU'S 57.00 57.00 57.00 46.00 46.00 46.00 387.55 387.55 387.55 CollectiblelEDU $274.44 $264.70 $189.40 SO.OO $1.13 SO.OO $270.15 $228.09 $234.52 Percent change ftom prior years 4% 40% -19% -100% na -100% 18% -3% -20% Collectible - even dollar $274 $265 $189 $1 $1 $0 $270 $228 $234 Revenue &om even $ payment $15,618 $15,105 $10,773 $46 $46 SO $104,639 $88,361 $90,687 Assessment $276.13 $265.00 $240 $\32.18 $126.85 $124 $312.33 $299.74 $293 Assessment wilh CPI4.2% $276.13 $245.52 $132.18 $126.85 $312.33 $299.74 BudgeVEDU $291.67 $291.67 $247.19 $118.50 $92.41 $\19.35 $292.43 $292.43 $285.67 Pen:ent cban.e &om ,..;or """'" 0% 18% 28% -23% 0% 2"/0 City Staff Services includes storm drainmaint. Protest. F:\home\Engif1OOt\()penapoc\9700d.wq1 3121/97 ~ \ ~ ESTIMATE OF MAINTENANCE COSTS FY 97-98 OPEN SPACE DISlRICTNO. 20 OPEN SPACE DISlRICTNO. 23 OPEN SPACE DISlRICTNO.24 1997-1998 1996-1997 1995-1996 1997-1998 1996-1997 1995-1996 1997-1998 1996-1997 1995-1996 Personal Services Utilities $6,%0.00 55,760.00 5226,430.00 590.00 590.00 $4,270.00 5240.00 5240.00 58,050.00 Tmsh Collection &. Disposal 2,800.00 2,800.00 2,800.00 280.00 280.00 280.00 280.00 280.00 280.00 Water 287,312.00 257,562.00 4,057.00 4,057.00 7,003.00 7,003.00 Service to main bldg,s1Iuc~grds 1,010.00 760.00 760.00 40.00 40.00 40.00 160.00 160.00 City StatTServiees 132,343.00 89,581.00 86,%0.00 2,255.00 2,255.00 1,880.00 3,343.00 3,343.00 2,440.00 Contract Services 426,278.00 343,178.00 340,350.00 4,711.00 4,711.00 4,670.00 7,983.00 7,983.00 8,520.00 Landscape Supplies 19,068.00 16,928.00 16,930.00 210.00 210.00 210.00 400.00 400.00 400.00 Materials to main bldg~s1Iuct. 24,240.00 21,450.00 21,450.00 900.00 900.00 900.00 830.00 830.00 830.00 Bacldlow Certification 160.00 Professional Services Supplementals 01her commodities Advertising ESTIMATED MAINTENANCE C 5900,001.00 5738,019.00 $695,680.00 512,543.00 512,543.00 512,250.00 520,239.00 520,239.00 520,680.00 Reserve Requirement 5278,626.00 58,153.00 58,153.00 55,%0.00 512,346.00 513,155.00 513,775.00 Reserve Perœnt 40.05% 65.00% 65.00% 48.65% 61.00% 65.00% 66.61% Additional reserve 0.00 0.00 0.00 0.00 0.00 Less Fund Balanee 51,870.00 517,200.00 $6,358.00 517,500.00 518,300.00 NET ASSESSMENT 518,826.00 $3,4%.00 511,522.00 515,085.00 515,094.00 513,659.00 See EDU'S attached 55.85 55.85 56.00 40 40 40.00 worl<sheet Collectible/EDU 5337.08 $62.60 5205.75 5377.13 $377.35 $341.48 Perœnt change ftom prior yoan 4380/. -70% -39% ~% 11% -21% Collectible - even dollar 5337 563 5206 5377 $377 5341 Revenue ftom even 5 payment 518,821 $3,519 511,536 515.080 515,080 513,640 Assessment 5357.10 $342.71 5335 5535.12 5513.55 $502 Assessment with CPI 4.2'10 $357.10 $342.71 5535.12 5513.S5 BudgetlEDU 5224.58 5224.58 5218.75 5505.98 5505.98 5517.00 Percent chan.e ftom mor vean 0% 3% 0% -2'10 Protest F'lhome\Engi.-lOpenspac\97oad.wq1 3121/97 OPEN SPACE DISTRICT NO. 26 OPEN SPACE DISTRICT 31 OPEN SPACE DISTRICT 33 1997-1998 19%-1997 1995-19% 1997-1998 19%-1997 1995-19% 1997-1998 19%-1997 1995-19% Penonal Selvices Uriliries $120.00 $120.00 $1,510.00 $630.00 $630.00 $34,160.00 $240.00 $1,130.00 Trash Collecrion & Disposal 280.00 280.00 140.00 Water 1,470.00 1,470.00 29,916.00 29,916.00 2,020.00 Service to main bldg,struct,grds 40.00 40.00 40.00 480.00 480.00 80.00 40.00 City Staff Services 1,461.00 1.461.00 1,320.00 13,047.00 13,047.00 16,880.00 1,980.00 1,085.00 Con1ract Services 3,597.00 3,597.00 3,570.00 39,609.00 39,609.00 80,390.00 15,080.00 8,540.00 Landscape Supplies 70.00 70.00 70.00 2,092.00 2,092.00 2,090.00 140.00 70.00 Materials to main b1dg~struct. 170.00 170.00 170.00 3,070.00 3,070.00 3,070.00 240.00 120.00 Bacldlow Certificarion 490.00 Professiooal Services 4,980.00 100.00 Supplementals 01her commodities Advertisiog 1707.00 ESTIMATED MAINTENANCE C $6,928.00 $6,928.00 $6,%0.00 $88,844.00 $88,844.00 $138,787.00 $25,040.00 $11.225.00 Reserve Requirement $4,503.00 $4,503.00 $2,268.00 $88,844.00 $8,884.00 SO.OO $2,504.00 $1,123.00 Reserve Percent 65.00% 65.00% 32.59% 100.00% 10.00% 0.00% 10.00\'. 10.00% Additional reserve 0.00 0.00 0.00 $6,066.00 $4,359.00 $1,479.00 0.00 0.00 Less Food Balance $5,800.00 $5,700.00 $2,263.00 $189,400.00 $8,700.00 $137,346.00 SO.OO SO.OO NET ASSESSMENT $5,631.00 $5,731.00 $6,785.00 ($5,646.00) $93,387.00 ($890.00) $27,544.00 $12,348.00 EDUS 19.00 19.00 19.00 345.00 345.00 345.00 36.00 18.00 Collectib1e1EDU $2%.37 $301.63 $357.11 ($16.37) $270.69 ($2.58) $765.11 $686.00 Percent change ftorn prior years -2% -16% -9% na na -101% 12% na Collectible - even dollar $296 $302 $357 $1 $271 $0 $765 $686 Reveoue ftorn even $ payment $5,624 $5,738 $6,783 $345 $93,495 $0 $27,540 $12,348 Assessment $419.99 $403.06 $394 $433.85 $416.36 $407 $1,072.22 $1,029.00 Assessment with CPI4.2% $419.99 $403.06 $433.85 $416.36 $1,072.22 Budge1lEDU $364.63 $364.63 $366.32 $257.52 $257.52 $402.28 $695.56 $623.61 Percent chan.e ftorn nrior vean 0% -0% 0% -36\'. 12% ESTIMATE OF MAINTENANCE COSTS FY 97-98 ~ \ '-.J Additional reserve is for Tee maint. Protest. F:_ngi_700d.wq1 3/21197 No revenue collected in FY 96197. ~ , cQ ESTIMATE OF MAINTENANCE COSTS FY 97-9B OPEN SPACE DISTRICT OPEN sPACE DISTRICT EAS1LAIŒ MAINTENANCE DISTRICT BAY BOULEVARD TOWN CENTER NUMBER 1 1997-1998 1996-1997 1995-1996 1997-1998 1996-1997 1995-1996 1997-1998 1996-1997 1995-1996 Personal Services Utilities $961.00 $961.00 $3,400.00 $5,429.00 $5,429.00 $7,610.00 $1,680.00 $1,680.00 $85,560.00 Trash Collection & Disposal 475.00 475.00 480.00 4,760.00 4,760.00 4,760.00 Water 2,663.00 2,663.00 2,855.00 2,855.00 94,054.00 93,624.00 Service 10 main b1dg,s1ruetgrds 120.00 120.00 120.00 120.00 120.00 600.00 600.00 760.00 City StalfServices 8,129.00 8,129.00 7,810.00 20,977.00 20,977.00 20,040.00 40,307.00 32,690.00 34,620.00 Contract Services 10,000.00 10,000.00 10,000.00 103,242.00 102,172.00 118,310.00 Landscape Supplies 850.00 850.00 850.00 600.00 600.00 1,100.00 2,020.00 1,990.00 2,420.00 Materials 10 main bldgs,s1ruet. 230.00 230.00 230.00 1,250.00 4,934.00 4,884.00 5,820.00 Bac1<ßow Certification Professional Services 120.00 Supp1ementals Other commodities 1,250.00 1,250.00 Advertising 180.00 180.00 180.00 180.00 180.00 180.00 ESTIMATED MAINTENANCE C $13,608.00 $13,608.00 $13,070.00 $41,411.00 $41,411.00 $40.300.00 $251,597.00 $242,400.00 $252,250.00 Reserve Requirement $8,845.00 $8,301.00 $8,004.00 $26,917.00 $26,917.00 $21,020.00 Reserve Perœnt 65.000/. 61.00% 61.24% 65.00% 65.00% 52.16% See Additional reserve 0.00 0.00 0.00 0.00 0.00 0.00 budget Less Fund Balance $11,000.00 $8,800.00 $20,600.00 $59,200.00 $55,700.00 $20,917.00 worlcsheet NET ASSESSMENT $11,453.00 $13,109.00 $314.00 $9,128.00 $12,628.00 $39,763.00 EDUS 10.00 10.00 10.00 1000.00 1000.00 1000.00 Collectible/EDU $1,145.30 $1,310.90 $31.00 $9.13 $12.63 $39.76 - change ftom prior years -13% 4129'/0 -96% -28% ";8% -13% Collectible - even dollar $1,145 $1,311 $31 $8 $12 $39 Revenue ftom even $ payment $11,450 $13,110 $310 $8,000 $12,000 $39,000 Assessment $1,376.16 $1,320.69 $1,291 $47.97 $46.04 $45 Assessment wi1h CPI 4.2% $1,376.16 $1,320.69 $47.97 $46.04 BudgetlEDU $1,360.80 $1,360.80 $1,307.00 $41.41 $41.41 $40.30 Perœnt eban.e ftom Dnor vealS 0% 4% 0% 3% Protest Elhome\EngineellOpensp0c\97DOd.wq1 3121197 - ATTACHMENT ~. - ~ i g . ~t5 ~~.> ~~ ... . ~ 0 ~ .~ ~ . 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Z7C.Z A$S4SSCRS. ð""1t: Nil 5tSð --.-..- ...-. -- -- . - - .... . ~ Z7C-Z3 -'--.. . -. -.-- ): . , . ~3"'-" @ ~ JJ4 -1).1 ~ .@ -So . =.,~-'- ~:: J$/.()J -_a_. "- - . ~ IT Y ".... It IC . . ---.... ~ . ..... -.. ~ ~ ..--.. .---. - . PA RK WÂ Y. . . -.. . 3S"'Z.1 0 ~ Js(}-zs 8 - ~ JSO'ZI ~ 3Q~.~ .... ~t:J. Zt:J :t " .1S0'/9 S ø .~. SHT tOr:'2 'J .' --J riLE NO JO'Ot;J'# ïO:-V,v C.:N¡,~= Bv~ r S¡J:':.:T L./t;;'!TINC ¥ L,t.,'.':;SC': /:::E ""'~':"iV;E N,.:.,vC$ 015 í /i'IC í {3-23. Nt:;' SrR'~.:T OWN BY: Jww DATE: ì3 ~ ~l-f ---- v- r 1. ~ ~.ì r--c :Þ ~ 0 :I: s: m z ~ PASEO RANCHERO 'f * 8-3 08-9 OS-8 ORANGE. LA MEDIA RD. Proposed Assessment District Boundary -' Proposed Improvements Paseo Ranchero - Telegraph Canyon Road to East Palomar - 4 lanes (1,970 If) East Palomar Street - Paseo Ranchero to Colony Advlder'sBoundary - 4 lanes (6,700 If) Monarche Drive - Western Entrance to Ea"' Palnm~r tn I=~d"rn Tnm-,i",,- ... I-n_- " "-,, In VILLAGE DEVELOPMENT - OTAY RANCH VILLAGE ONE PRELIMITNARYCOSTEST~TE Description of improvements Paseo Ranchero (4 lanes) - ITom Telegraph Canyon to East Palomar Street East Palomar Street (4 lanes) - From Paseo Ranchero to Colony Advisor's Property Monarche Drive - Loop road around Park P-I TOTAL CONSTRUCTION COST Incidental Costs Cost ofIssuance and Underwriter's Discount (4%ofPrincipal) Reserve Fund (10% ofPrincipaJ) Capitalized Interest (24 months) TOTAL PROPOSED ASSESSMENT £/ H-i'F, j r Z. Cost Estimate $4,560,447 5,354,122 564,125 $10,478,694 582,150 1,455,374 2,037,524 $14,553,742 , H.~K "" ',,7 03'<:2RI1 VILLRGE DEVELO?MENT ;0,2/3 Villag~ DEVELOPMENT E,>< f+/ 5/ I 3 Q""IIry, ""Uta ,1.",,'4 '"m"",.I,;" ,'1""1974 ;:=:: April 9, 1997 Mr. Cliff Swanson CITYOFCHULA VISTA 276 Fourth Avenue Chula VIsta, CallioIDÌa 9191 0 Sent Vur Facsimile RE: Otay Ranch Assessment District Dear Cliff: I appreciate the continued assistance of you and your staff with our proposed Assessment Dis!rict for Otay Ranch. Based on our previous discussions, I would like to fonnally request that the City of Chula Vista expcdj~ the proceedings for our Assessment District, in order to a.chieve a bond sale by mid-November, 1997. This will allow Village Development to mcct our Clli"Tem financial obligations and co=itments to guest builders and creditors on the project. I recognize that many of the time iÌ'ames relating to assessment district proceedings al"e legislared, However, it is apparent that a significant time savings could be achieved if the City is willing to waive the fonnal consultant selection procedure and hire an assessment :cam immediately to implement the district in accordance with the Municipal Improvement Act of 1913 and the Bond Act of1915. Based on discussions with your staff, and 'the finns' reputations, the fDllo\>.'ÌI1g assessmenl team ~ reco=ended: Berryman & Henigar, Assessment Engineer Brown, Diven & Hentschke, Bond Counsel Kadie-Jensen, Johnson & Bodnar, Financial Consultant "."., ç."""O ""'. >w"' 10.. >.UI Doc,o. CA "130 101.6'>,".."".. fAA. 61..)5""'6' R?~ 10 '97 0g:4ëòAM VILLRGE DEVELOPMENT =>.3/3 Mr. Cliff Swanson CITY OF CHULA VJSTA Apri19,1997 We understand that the City of Chula Vista would serve as Project Manager. Village Ikvdopment is prepaTed to immediately:;;Dter into a reimbursement agreement with the City and fund all City staff time for project manag=ent. In our c:stimation, the above procedure will save at least two months over the formal selection process, and will maintain the high st2..'1dzrd of perl'ormance which the City is accustomed to for district formation. I appreciate your consideration oftbis rf\4uest. Sincerely, ~ D~OP7' ~ Vice President CC: Frankllivera, City ofChula Vista c"""",mo,,,.- !:.AI"""""" EXHIBIT 4 COMPARISON OF CONSULTANT FEES ASSESSMENT DISTRICT CONSULTANT BOND SALE AMOUNT CONTRACT AMOUNT Assessment Enr!ineerinl! AD 88-1 Telegraph Cyn Rd. Willdan Associates $8.0 million $32,000 (1988) AD 90-1 Salt Creek 1 MuniFinancial $4.7 million $56,650 (1990) AD 90-2 Otay Valley Rd Willdan Associates $8.0 million $34,000 (1990) AD 90-3 Eastlake Greens Willdan Associates $22.3 million $39,500 (1990) AD 91-1 Eastlake Greens Willdan Associates $7.0 million $39,500 (1990) AD 97-2 - Otay Ranch Berryman & $14.5 million $27,000 Village One (proposed) Henigar Financial Consultant - Fee does not include out-ofpoclœt expenses nor cost of subconsultants AD 90-1 Salt Creek I Kadie-Jensen, $4.7 million $33,500 (1990) Johnson &Bodnar AD 90-2 atay Valley Road Kadie-Jensen, $8.0 million $35,000 (1990) Johnson &Bodnar AD 90-3 Eastlake Greens Kadie-Jensen, $ 22.3 million $34,500 (1990) Johnson &Bodnar AD 91-1 Eastlake Greens Kadie-Jensen, $7.0 million $27,000 (1990) Johnson &Bodnar AD 94-1 Eastlake Greens Kadie-Jensen, $7.8 million $27,000 (1990) Johnson &Bodnar AD 97-2 - Otay Ranch Kadie-Jensen, $14.5 million $35,000 Village One (proposed) Johnson &Bodnar The average Financial Consultant fee for the existing districts is $31,400 (1990 $), which if multiplied by the CP1 increase from 1990 to 1996 (18.6%) is equivalent to a fee of $37,200 (1996 $). This adjusted fee compares reasonably well with the proposed fee of $35,000 for AD 97-2. Bond Counsel - Brown, Diven &Hentschke have been the bond Counselfor all the "1913 Act" assessment districts in the Eastern territories. Their fie is based on a percentage of the cO1ifirmed assessments. This percentage has been the same in all contracts. The fie proposed for the formation of the Assessment District for the Olay Ranch Village One No. 97-2 is approximately $43,000. Comparison of Consultant Fees (cont.) h: Ihome\engin eer\landdev\or28a.ldt It -I-f-p. e-)...,rfI ~ -r ( ASSESSMENT DISTRICT REIMBURSEMENT AGREEMENT THIS AGREEMENT is made and entered into this - day of ,1997, by and between the CITY OF CHULA VISTA, a municipal corporation (hereinafter referred to as "City"), and VILLAGE DEVELOPMENT LLC, a Califomia corporation (hereinafter referred to as "Corporation"). RECITALS A. CorporatiDn has asked the City tD initiate proceedings under the provisions of the 'Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of Califomia, said special district hereinafter known and designated as ASSESSMENT DISTRICT NO. 97-2 (Otay Ranch, Village One) (hereinafter referred to as the "Assessment District") to finance the acquisition or construction of certain street improvements, including but nDt limited to Pas eo Ranchero (4 lanes) from Telegraph Canyon Road to East Palomar, East Palomar Street (4 lanes) from Paseo Ranchero to Colony Associates ownership line and Monarche Drive (2 lanes) loop around the P-1 park area, together with appurtenances and appurtenant WDrk, to seNe and specially benefit properties within the boundaries of the Assessment District. B. CorporatiDn has agreed tD advance funds to the City for the payment of all initial consulting and administration costs and expenses related to the proceedings to consider the fDnnation of the Assessment District and to subsequently authDrize, issue and sell bonds for the Assessment District (the "Proceedings"). Such monies shall be subject to reimbursement or credit pursuant to the provisions of this Agreement upon the successful sale of bonds for the Assessment District and the receipt by the City of the proceeds of such bonds. C. The parties hereto wish to enter into an Agreement to provide for the advance of monies and reimbursement or credit fDr monies so advanced. AGREEMENT The parties hereto, for mutual consideration, agree as follows: SECTION 1. Advances. CorpDration shall advance monies to the City in such amounts and at such times as specified below to pay all costs and expenses incurred by the City in undertaking the Proceedings, including without limitation, the following: A. Assessment Engineering seNices; B. Bond counsel seNices; C. Financial advisory seNices; D. Appraisal and market absorption seNices; and E. City staff and City Attomey time. All such costs and expenses are CDllectively referred to as the "FormatiDn and Issuance Costs." Advances shall be made to the City pursuant to the following schedule: A. Within five (5) working days of the date Df executiDn Df this agreement by the parties hereto, Corporation shall advance the amount of $47,000. SECTION 2. B. If monies in addition tD the initial advance are necessary to pay for the FormatiDn and Issuance Costs, the City shall as necessary and from time to time make written demand upon Corporation and Corporation shall immediately thereafter, within five (5) working days, deposit said monies with the City tD pay for the balance of the FormatiDn and Issuance Costs. If such additional mDnies are not timely received, all Proceedings shall be suspended until such monies are received. Records. The City agrees to keep recDrds consistent with its regular accounting practices of the amount of monies advanced and the expenditure of such monies. Additionally, the City shall enter intD and maintain cDntracts with all consultants which shall specify the scope of seNices and compensation to be paid to all such cDnsultants. Such records and cDntracts shall be available for review by the Corporation during nDrmal business hours upDn reasonable notice to the City. SECTION 3. Reimbursement. If the Assessment District is formed, Corporation may elect amDng the following optiDns fDr the reimbursement of monies advanced pursuant to this Agreement: All monies advanced shall be reimbursed in cash solely from bond proceeds; a. b. All monies advanced shall be applied as a credit upon the assessments levied against properties Dwned by the Corporation; c. A cDmbination of the above. If the Proceedings to form the Assessment District are not completed and are abandoned for any reason at any time prior to the successful sale of bonds or the City is unable for any reason to issue or sell the bDnds, there will be no obligation on the part of the City to reimburse CorpDration for any monies previously advanced pursuant to this Agreement; provided, however, the City does agree to return to Corporation any monies previously advanced which remain on deposit with the City and which the City determines are in excess of the amount necessary to pay for any outstanding Formation and Issuance Costs previously incurred by the City. SECTION 4. Ownership of DDcuments. All plans, specifications, reports, appraisals and other documentatiDn as prepared as a part of the Proceedings shall become the property of the City, regardless as to whether the Assessment District is actually formed. SECTION 5. ND Obligation to Form Assessment District. CDrporation acknowledges that the decision of the City Council tD form the Assessment District is an exercise of the legislative authority of the City Council and that the City may not enter into a contract to obligate the City Council to exercise its legislative discretion in a particular manner. This Agreement does not, therefore, in any way create a contractual, legal or equitable obligation of or commitment by the City to approve the formation of the Assessment District. The City expressly reseNes the right to abandon the Proceedings for any reason at any time priDr to the cDmpletion thereof. Should Corporation desire to abandon the 2 SECTION 6. SECTION 7. SECTION 8. SECTION 9 SECTION 10, Proceedings, Corporation shall provide written notification of such desire to the City and request the City to immediately terminate all consulting agreements and use all efforts to minimize any and all Formation and Issuance Costs. Counterparts. This Agreement may be executed in one or more cDunterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument Arbitration. Any controversy arising out of this Agreement or its breach shall be settled by arbitration if, prior to the commencement of any legal proceeding arising out of this Agreement or its breach, either party demands by written notice that such controversy be arbitrated. After such demand, and within ten (10) days from such demand, the parties shall attempt to designate a mutually acceptable individual to arbitrate the controversy. If within the ten (10) day periDd the parties are unable tD designate an individual, the controversy shall be arbitrated under the rules of the American ArbitratiDn Association, and judgment on the award rendered by the arbitratDr chDsen by the parties or used pursuant tD the rules of the American ArbitratiDn AssociatiDn may be entered in any court having jurisdiction and shall be fully binding on the parties. Authority to Execute Agreement. The City and the Corporation represent that the individuals signing this Agreement have full right and authority to bind their respective parties to this Agreement. . Best EffDrtS. The parties promise to use their best efforts to satisfy all conditions to this Agreement and tD take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. Successor and Assigns. This Agreement shall be binding on and inure to the benefit of the respective parties and their respective heirs, legal representatives, sUCCessDrs and assigns. Corporation may nDt assign its rights or obligatiDns hereunder except upon written notice tD City within ten (10) days of the date Df such assignment indicating the name and address of the assignee. Upon such notice and the assumption by the assignee in writing delivered to the City of the rights, duties and obligations Df the Corporation arising under or from this Agreement, Corporation shall be released for all future duties or obligations arising under or from this Agreement. SECTION 11. Singular and Plural; Gender. Whenever used herein, the singular number shall include the plural, the plural number shall include the singular, and the masculine feminine or neuter gender shall include the others whenever the context of the Agreement so indicates. SECTION 12. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto with respect to the subject matter hereof. This Agreement may not be altered, modified or amended except by an instrument in writing executed by all of the parties. SECTION 13. Governing Law. This Agreement has been executed in and shall be govemed by the laws of the State of Califomia. 3 SECTION 14. Construction. This Agreement shall be construed as a whDle and in accordance with its fair meaning. Captions and organizations are for cDnvenience and shall not be used in construing meaning. SECTION 15. Severability. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction tD be invalid, void or unenforceable the remainder Df the provisiDn thereof shall remain in full fDrce and effect and shall in no way be affected, impaired or invalidated thereby. SECTION 16. Notices. All notices and demands shall be given in writing by personal delivery or first- class mail, pDstage prepaid. Notices shall be addressed as appears below for the respective party; provided that, if any party gives notice of a change of name of address, notices to the giver of that notice shall thereafter be given as demanded in that nDtice. NDtiCes shall be deemed received seventy-two (72) hours after deposit in the United States mail. CITY: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attention: City Manager CORPORATION: VILLAGE DEVELOPMENT LLC 11975 EI Camino Real, Suite 104 San Diego, CA 92130 Attention: Kent Aden SECTION 17. TIme of the Essence. Time is of the essence in the performance of the parties respective obligations herein contained. SECTION 18. Waiver. The waiver by one party of the performance of any covenant, conditiDn or promise shall not invalidate this Agreement, nor shall it be cDnsidered a waiver by him of any other covenant, condition or promise. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall nDt be a waiver of any consistent remedy prDvided by law, and any provision of this Agreement fDr any remedy shall not exclude other consistent remedies unless they are expressly excluded. SECTION 19. Amendment. No provision of this Agreement may be modified, waived, amended or added tD except by a writing signed by the party against which the enforcement of such modification, waiver, amendment Dr addition is or may be sought. [End of page - next page is signature page] 4 Signature Page to Assessment District Reimbursement Agreement between the City of Chula Vista and Village Development LLC IN WITNESS WHEREOF, City and Corporation have executed this Agreement thereby indicating that they have read and understODd same, and indicate their full and complete consent to its terms. Dated: ,19- CITY OF CHULA VISTA By: Shirley Horton, Mayor Attest Beverly Authelet, City Clerk Approved as to Form: John M. Kaheny, City AttDmey City of Chula Vista Village Development LLC By: Ýø~ '~A \ ~ 5 ¡:¡#A Co hm 6-N or z Parties and Recital Page(s) Agreement between City of Chula vista and Berryman & Henigar for Assessment Engineering Services This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals whereas, the City is considering the financing of certain public improvements that will serve the Otay Ranch Village One properties, with financing proceedings to be conducted pursuant to the "Municipal Improvement Act of 1913" and the "Improvement Bond Act of 1915"; and, Whereas, the City is desirous of retaining professional assessment engineering services for the formation of an assessment district for financing the construction of said improvements serving the Otay Ranch Village One; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the termS and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory provisions.) Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 1 ()- / Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 2 ;L-z In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services. under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categor- ies, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.1dt April 11, 1997 Page 3 2- - 3 and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 4 ;¿ - i Attorney" which ampunt is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of-Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3 ) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 1. Business License 1. The City Attorney's Office prefers that you obtain approval of the surety or bank, the form of the security and the amount of the security from the Risk Manager in the first instance and not the City Attorney. The City Attorney's office would be available on such risk issues as an alternate only if the Risk Manager is unavailable and the matter can't wait. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 5 :2.- S- Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 6 2. -G, account number indicated on Exhibit A, Paragraph 18 @ to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 7 ;¿ 7 and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 8 L ~ Regardless of. whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 9 z. <¡ Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 10 L /ð satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 11 Z- II Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants", 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13 . Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee 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. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 12 L I?- No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. 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. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall entitled to recover all reasonable costs incurred in the of the claim, including costs and attorney's fees. be defense 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 13 'L 1-3 If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. 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 herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 14 'L - If arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 15 'L / '5'"" Signature Page to Agreement between City of Chula Vista and Berryman & Henigar for assessment engineering services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 19- City of Chula Vista by: Shirley Horton, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated: [Name of Consultant] By: [name of person, title] Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 16 L (t" Exhibit List to Agreement (X ) Exhibit A. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.1dt April 11, 1997 Page 17 2- 17 3. 4. 5. Exhibit A to Agreement between City of Chula Vista and' Berryman & Henigar 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: [insert business form] , a ("City") Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista,CA 91910 Consultant: Berryman & Henigar Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X ) Corporation Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 18 L - (f 6. 7. Place of Business, Telephone and Fax Number of Consultant: 11590 W. Bernardo Drive San Diego, California 92127 Voice Phone (619) 451-6100 Fax Phone (619) 451-2846 General Duties: to provide the City with all the required assessment engineering services for the formation of an assessment district pursuant to the "Municipal Improvement Act of 1913" (1913 Act) to fund the acquisition or construction of the following backbone facilities in the Otay Ranch: * Paseo Ranchero (4 lanes) - Telegraph Canyon Road to East Palomar Street (TDIF facility) East. Palomar Street (4 lanes) - Paseo Ranchero to the Eastern Boundary of Village One Monarche Drive (2 lanes) - Around Park P-l * * Bonds are proposed to be issued pursuant to the Improvement Bond Act of 1915. 8. Scope of Work and Schedule: A. Detailed Scope of Work: BASIC SERVICES TASK I-NOTICE TO PROCEED TO RESOLUTION OF INTENTION A. Gather research materials, maps, assessor's parcel information, direct and indirect cost estimates and related data as required. Verify district boundary and zones of benefit (if any). B. Prepare methodology for the assessment spread based upon the information gathered within Task 1 A. The methodology shall demonstrate that the properties receive a special benefit. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 19 2. 1'7 C. Prepare Boundary Map and Assessment Diagram of the proposed District. Prepare and deliver a specified quantity of mylars and bluelines as ordered by the City. D. Prepare a Preliminary Engineer's Report including estimated costs, incidental expenses, assessment roll, method of assessment, District Procedural Certificates, description of work, assessment diagram and Design Engineer furnished plans and specifications as required under the Act for City review. The Preliminary Engineer's Report shall be prepared by a Registered civil Engineer. Berryman & Henigar shall submit ten (10) copies of the Preliminary Engineer's Report to the City for review and comment. E. Complete Preliminary Engineer's Report for City Council approval and furnish specified amount of copies of the Preliminary Engineer's Report as ordered by the City. TASK 2-RESOLUTION OF INTENTION TO PUBLIC HEARING A. B. C. Record the Boundary Map with the responsible local official and the County Recorder as provided under the Act. Label and mail City-prepared (by bond counsel) notice and ballot to each property owners within the boundary of the proposed district as listed on the last equalized County Assessor's Roll. In accordance with Proposition 218, the record owner of each parcel will be notice of the proposed assessment, the total amount chargeable to the entire district, the amount chargeable to the owner's parcel and the duration of the payments, the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated. Update and amend the Preliminary Engineer's Report to reflect final estimated construction costs and project financing costs. Furnish City specified amount of copies of the Final Engineer's Report for City review and comment. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 20 2 - ~ò D. E. F. Amend Boundary Map and Assessment Diagram of the proposed district, if needed. Amend, correct and deliver a specified quantity of mylars and bluelines as ordered by the City. Complete Final Engineer's Report and furnish specified amount of copies of the Final Engineer's Report as ordered by the City. Calculate percentage of property owner protest and tabulate the returned ballots. The ballots will be weighted according to the proportional financial obligation of the affected property. TASK 3-PUBLIC HEARING THROUGH RECORDATION OF PAID ASSESSMENTS A. B. Make amendments and corrections to the Boundary Map and Assessment Diagram and prepare confirmed report, as ordered by City Council pursuant to the Public Hearing. Furnish specified amount of copies of the confirmed Engineer's Report as ordered by the Agency. Label and mail City-prepared (by bond counsel) notices for the cash collection and notice of confirmed lien amounts, to all property owners listed in the confirmed Engineer's Report. C. Record Assessment Diagram of the district and confirmed liens for each parcel within the district. D. After cash collection period, prepare a list of paid and unpaid assessments and submit to County Treasurer. E. Recordation of List of Paid Assessments Record. of paid assessments to be deleted from the Auditor/Controller's records. Record list F. The Consultant shall deliver all final data, information, district diagram, assessment roll, and any other material produced under this agreement in computer digital files compatible with the software utilized by the City. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 21 2.... ~( A. B. C. D. E. F. G. Spreadsheets shall be compatible with Quattro Pro, database files with Paradox, word processing files with WordPerfect, and graphic files with AutoCAD. TASK 4-MEETINGS A. Attend up to four (4) project team meetings to develop' information, and review results of preliminary and final reports. B. Attend City Council meeting for Resolution of Intention to form District. C. Attend the public meeting and public hearing for Resolution of Formation. OTHER SERVICES AS AUTHORIZED Prepare displays and/or audio-visual materials, as requested by the City. Additional mailings of notices to property owners not listed on last equalized roll of the County Assessor. Provide additional copies of reports, maps, or diagrams. Prepare utility agreements as required by other agencies for drainage, sewer or other utilities. Prepare right-of-way acquisition legal descriptions or mapping thereof. Provide City staff assistance, other than the services or record keeping required by the routine requirements of district engineering, in the event of an audit. Any other services desired and authorized by the City. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 22 L - 'Z-2.....- RESPONSIBILITIES OF THE CITY A. B. C. D. City to designate a responsible official to manage and coordinate the project. City shall make available to Berryman & Henigar all available data, information, reports, maps, plans, specifications, and other reasonable information for the proper performance for consultant's services. City (by Bond Counsel) all notices and ballots pertaining to the election and public hearings. City (by Bond Counsel) shall cause to be published all notices of public hearings or other meetings (i.e., newspaper and posting). E. City (by Bond Counsel) shall prepare all required resolutions. F. All environmental documentation will be provided by others. G. City shall retain qualified legal counsel to provide advice during the process. H. . City shall retain a qualified real estate appraiser provide appraised values of the property before and per parcel included in the formation and annexation as required. to after process, 1. City to provide records of previous assessment obligation and encumbering proposed areas. J. City shall schedule and agendize meetings and hearings as required under the Act. Additional Services basis as authorized mutually acceptable attached. can be provided on a "time and material" in writing by the City Engineer for a fee in accordance with the rate schedule Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 23 "2- 2-3 9. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Preliminary Engineer's Report within 10 weeks after the notice to proceed Deliverable No.2: Assessment Diagram and Assessment Roll as confirmed within 7 days after public hearing Deliverable No.3: N/A D. Date for completion of all Consultant services: October 7, 1997 Insurance Requirements: 10. (X) (X) (X) ( ) Statutory Worker's Compensation Insurance Employer's Liability Insurance coverage: $1,000,000. Commercial General Liability Insurance: $1,000,000. Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). (X) Materials Required to be Supplied by City to Consultant: City shall provide the Consultant the following information; 1) site plans, 2) project description, and 3) Cost documentation for improvements to be acquired in format requested 11. Compensation: A. (X) Single Fixed Fee Arrangement. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 24 .:L - Lf For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $27,000, payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee TASK FEE MILESTONE PreDaration of the Enaineer's ReDort From Notice of Proceed $17,000 to ROI (Lump sum) (Task 1) ROI to Public Hearing $ 6,500 (Task 2) (Lump Sum) Public Hearing to Recordation $ 3,500 of Assessments (Lump Sum) (Task 3) 100% at ROI 100% at Public Hearing 100% at Recordation Berryman & Henigar will invoice the City monthly for work completed during the previous month based on percent complete for each milestone. City shall advise Berryman & Henigar of any dispute regarding the percent completer within 10 days of receipt of invoice. All undisputed invoices shall be paid within 30 days of receipt. ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 25 :L. -:LS- satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 26 ;L :u.. ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 27 ~ ~ L( Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation") . (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Category of Employee of Consultant Principal Consultant Senior Associate Senior Associate Senior Analyst Senior Analyst Analyst II Word Processor III (X) Materials Reports Copies (X) Mileage Rate Schedule Name Hourly Rate ($) Dennis Klingelhofer William Hughes Joseph Francisco Lea Ann Brown OR Catherine Shepherd Deborah Head As Required 146 113 113 81 70 48 Cost or Rate Actual plus 15% 31.5 cents/mile Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 28 L :L~ (X) Printing (X) Postage (X) Delivery ( )Long Distance Telephone Charges ( )Other Actual Identifiable Direct Costs Actual Actual Actual Actual Actual plus 15% plus 15% plus 15% 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) None, the compensation includes all costs. Cost or Rate Reports, not to exceed $------: Copies, not to exceed $------: Travel, not to exceed $------: Printing, not to exceed $------: Postage, not to exceed $------: Delivery, not to exceed $------: Long Distance Telephone Charges, not to exceed $------. Other Actual Identifiable Direct not to exceed $ , not to exceed $ Costs: 13. Contract Administrators: City: Clifford L. Swanson City Engineer 276 fourth Avenue Chula Vista, CA 91910 K. Dennis Klingelhofer 11590 W. Bernardo Drive San Diego, California 92127 Consultant: 14. Liquidated Damages Rate: Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.1dt April 11, 1997 Page 29 2-- - :J... 9 ) $----- per day. ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X ) Not Applicable. Not an FPPC Filer. ) FPPC Filer ) Category No.1. income. Investments and sources of ) Category No.2. Interests in real property. ) Category No. property and regulatory, department. 3. Investments, interest in real sources of income subject to the permit or licensing authority of the ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ) Category No.5. Investments in business and sources of income of the type which, the past two years, have contracted with of Chula Vista (Redevelopment Agency) to services, supplies, materials, machinery equipment. entities within the City provide or ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Category No.7. Business positions. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 30 ;L ~ ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X ) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: (X ) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: 19. Security for Performance ) Performance Bond, $ ) Letter of Credit, $ ) Other Security: Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 31 .L :3/ Type: Amount: $ (X ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X ) Retention Percentage: 50% ( ) Retention Amount: $ Retention ( ) (X ) Release Event: Completion of All Consultant Services Other: At the completion of each phase as shown on "Milestone Table" (Section 11.A of Exhibit A) Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 32 .z .3~ ¡t+-f- A c.J... (YI e,J í ~ ""Parties and Recital Page (s) Agreement between City of Chula Vista and Brown, Diven & Hentschke for Bond Counseling Services] This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City is considering the financing of certain public improvements that will serve the Otay Ranch Village One properties, with financing proceedings to be conducted pursuant to the "Municipal Improvement Act of 1913" and the "Improvement Bond Act of 1915"; and, Whereas, the City is desirous of retaining professional bond counseling services for the formation of an assessment district for financing the construction of said improvements serving the Otay Ranch Village One; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 .3 - / Page 1 (End of Recitals. ". Next Page starts Obligatory Provisions.) Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 2 3, - 2- .'Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 3 3 - .3 In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categor- ies, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.1dt April 11, 1997 Page 4 3 - <f and Applicant in the same manner as members of the general public (nCross-liability Coveragen). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (I) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (I) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled nperformance Bondn) , then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 5 S- 3 Attorney" which amòunt is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License 1. The City Attorney's Office prefers that you obtain approval of the surety or bank, the form of the security and the amount of the security from the Risk Manager in the first instance and not the City Attorney. The City Attorney's office would be available on such risk issues as an alternate only if the Risk Manager is unavailable and the matter can't wait. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 6 '3 - (.. Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 7 3 -7 account number indicated on Exhibit A, Paragraph 18 @ to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 8 3 ð' when granted, will'be based and will not be granted for unless it can be shown that progress of the work. upon the,effect of delays to the work delays to minor portions of work such delays did or will delay the 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 9 3 - '1 Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 10 3 - ID Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 11 3 - If entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 12 .3 - 12.. assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13 . Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee 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. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 13 3 13 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. 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. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall entitled to recover all reasonable costs incurred in the of the claim, including costs and attorney's fees. be defense 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 14 3 Iy B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. 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 herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 15 3 I~ 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 the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 16 3 I~ Signature Page to Agreement between City of Chula Vista and Brown, Diven & Hentschke for bond counseling services IN WITNESS WHEREOF, City and consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,B City of Chula Vista by: Shirley Horton, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated: Brown, Diven & Hentschke (Name of Consultant] By: L.JCDJ.....l ~.lI..'t\!..J..Io... [name of person, title] Warren Diven, Partner By: [name of person, title] Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 17 3 I) Exhibit List to Agreement (X ) Exhibit A. (X ) Exhibit B Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 18 3 /8 Exhibit A to Agreement between City of Chula Vista and Brown, Diven & Hentschke 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: [insert business form] , a ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Brown, Diven & Hentschke 5. Business Form of Consultant: ( ) Sole Proprietorship (X ) Partnership ( ) Corporation Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 19 3 /'7 6. Place of Business, Telephone and Fax Number of Consultant: 12770 High Bluff Drive, #240 San Diego, California 92130 Voice Phone (619) 456-1915 Fax Phone (619) 259-0292 7. General Duties: to provide the City with all the required bond counsel services for the formation of an assessment district pursuant to the "Municipal Improvement Act of 1913" (1913 Act) to fund the acquisition or construction of the following backbone facilities in the Otay Ranch: * Paseo Ranchero (4 lanes) - Telegraph Canyon Road to East Palomar Street (TDIF facility) East Palomar Street (4 lanes) - Paseo Ranchero to the Eastern Boundary of Village One Monarche Drive (2 lanes) - Around Park P-1 * * Bonds are proposed to be issued pursuant to the Improvement Bond Act of 1915. 8. Scope of Work and Schedule: A. Detailed Scope of Work: SCOPE OF LEGAL SERVICES Brown, Diven & Hentschke ("Counsel") proposes to provide legal services in connection with the proposed assessment proceedings and bond issuance for the proposed Assessment District, under proceedings conducted pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California (the "Improvement Act"), and Article XIIID of the Constitution of the State of California ("Article XIIID"). The legal services shall include: Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 20 3 - "2-..Õ a. b. c. d. Review oY the proposed~rate and method of apportionment of the assessments in particular and the report of the assessment engineer in general to insure that all requirements of both the Improvement Act and Article XIIID are adequately addressed; Examination of the plans and specifications for the proposed work, the boundary map and assessment diagram of the Assessment District, the assessment roll and bonds, and the provision of instructions and advice in connection with the foregoing; Recommendations as to procedure, schedules and actions that should be undertaken to comply with the requirements of the Improvement Act, the Improvement Bond Act of 1915 and Article XIIID; Preparation of all resolutions, notices, contracts, including a reimbursement agreement and acquisition agreement, if applicable, Article XIIID ballots, bond forms, and other papers and documents required in the proceedings; e. Examination of the proceedings, step by step, as taken; f. Appearance at all hearings under the proceedings, and attendance at any meeting where such attendance is requested; g. Participation with the City's financing team to determine the most appropriate structure of the bond issue; h. Assistance in the review of the official statement, bond purchase agreement or notice of sale and other supporting documentation relating to the offering for sale of the bonds; Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 21 ..3 "2-( m. n. i. Preparation or review of any continuing disclosure agreement required under SEC Rule 15c2-12 and provision of advice to the City regarding its original and continuing disclosure obligations pertaining to the bonds; j . Consultation with the underwriter, their legal counsel, rating agencies and credit enhancement providers; k. Consultation with the trustee, fiscal agent or paying agent and their counsel; 1. Performance of legal services, if required, pursuant to the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and Highways Code of the State of California; Issuance of an approving legal opinion attesting to the validity of the proceedings and the issuance of the bonds; provision of any necessary supplemental legal opinions as to the applicability of the registration requirements of federal securities laws and other matters related to the issuance of bonds; provided, however, such opinions do not include the rendering of a 10(b)5 opinion regarding the official statement. CITY OBLIGATIONS a. B. Furnish to Counsel such maps, records, title searches, and other documents and proceedings, or certified copies thereof, as are available and may be reasonably required by Counsel in the performance of the services hereunder; Date for Commencement of Consultant Services: Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 22 3 2....2- C. D. 9. (X) Samèas Effective Date of Agreement ( ) Other: Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: N/A Deliverable No.2: N/A Deliverable No.3: N/A Date for completion of all Consultant services: Upon sale and delivery of bonds Insurance Requirements: (X) (X) (X) ( ) ( ) Statutory Worker's Compensation Insurance Employer's Liability Insurance coverage: $1,000,000. Commercial General Liability Insurance: $1,000,000. Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: City shall furnish to Counsel such maps, records, title searches, and other documents and proceedings, or certified copies thereof, as are available and may be reasonably required by Counsel in the performance of the services hereunder; 11. Compensation: A. (X) Single Fixed Fee Arrangement. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 23 3 "<--3 For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: follows: , payable as Milestone or Event or Deliverable Amount or Percent of Fixed Fee (SEE EXHIBIT B) ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 24 3 -L'f B. noe'convert this agreemerit toa "time and materials basis of payment. Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase 1. 2. 3. Fee for Said Phase $ $ $ ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 3 2.... S- Page 25 sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation") . (2) ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 26 3 ,¿b authoriz'àtion issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee of consultant Name Hourly Rate ) Hourly rates may increase by 6% for services rendered after [month], 19 ,if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (SEE EXHIBIT B) ( ) None, the compensation includes all costs. Cost or Rate ( ) ( ) ( ) ( ) Reports, not to exceed $------: Copies, not to exceed $------: Travel, not to exceed $------ Printing, not to exceed $------: Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 27 .3 ~I ( ) ( ) ( ) Postage, not to exceed $------: Delivery, not to exceed $------: Long Distance Telephone Charges, not to exceed $------. Other Actual Identifiable Direct not to exceed $ , not to exceed $ ( ) Costs: 13 . Contract Administrators: City: Clifford L. Swanson City Engineer 276 Fourth Avenue Chula Vista, CA 91910 Consultant: Warren Diven 12770 High Bluff Drive San Diego, Ca 92130 14. Liquidated Damages Rate: ) $----- per day. ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X ) Not Applicable. Not an FPPC Filer. ) FPPC Filer ) Category No.1. income. Investments and sources of ) Category No.2. Interests in real property. ) Category No.3. Investments, interest in real property and sources of income subject to the Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 28 3 ~ð7 re~latory, department. permit or licensing authority of the ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ) Consultant is Real Estate Broker and/or Salesman 17 . Permitted Subconsultants: N/A 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 29 .3 <.'7 ( ) Monthly ( ) Quarterly (X ) Other: Issuance and of project sale of bonds or abandonment B. Day of the Period for submission of Consultant's Billing: ) First of the Month ) 15th Day of each Month ) End of the Month ) Other: C. City's Account Number: 19. Security for Performance ) Performance Bond, $ ) Letter of Credit, $ ) Other Security: Type: Amount: $ ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ) Retention Percentage: ) Retention Amount: $ % Retention Release Event: ) Completion of All Consultant Services ) Other: Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 30 .3 ~O Exhibit B to Agreement between City of Chula Vista and Brown, Diven & Hentschke Fees are to be computed on the confirmed assessment as follows: One-half of one percent (0.5%) of the first $5,000,000; One-quarter of one percent (0.25%) of the amount from $5,000,001 to $10,000,000; One-eight of one percent (0.125%) of the amount from $10,000,001 to $15,000,000; One-sixteenth of one percent (0.0625%) on the balance; with a minimum fee for legal services of $15,000. If temporary bond anticipation notes are issued, the fee shall be twenty-five percent (25%) of the fee as above set forth, but not less than $2,500.00. Payment of the above fees for bond counsel services would be due and payable in full upon receipt of money from the sale and delivery of bonds and/or notes to the successful underwriter. ADDITIONAL LEGAL SERVICES The fees specified in the preceding section are related only to the legal services described in Scope of Services above. Upon written request of the City, Counsel will provide additional legal services relating to said project, including, but not limited to, the following: A. Representation of the City in related environmental proceedings; Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 31 3 3 I B. C. D. E. Represe~tation of the City in the acquisition of property by negotiation or condemnation necessary for the improvements to be financed through the Assessment District; Representation of the City in the litigation challenging the validity of the proceedings to form the Assessment District or the issuance of the bonds for the Assessment District; or provision of advice regarding the ongoing continuing disclosure obligations of the City pertaining to the bonds issued for the Assessment District; provision of such other legal services pertaining to the Assessment District and/or the bonds as the City may request. Counsel will perform any of the above services at the hourly rate of $125 or such other rate as may be mutually agreed upon before any such service is actually performed. TERMINATION OF PROCEEDINGS TO FORM ASSESSMENT DISTRICT In the event the proceedings are terminated or abandoned prior to completion, Counsel would be paid a reasonable fee for legal services rendered to the date of termination based on an hourly rate of $125 per hour, not to exceed $5,000; provided, however, such sum would be payable solely from advances made to the City from the owner or developer of the Village One property and the City's general fund would not be liable for any such payment. COST AND EXPENSES Counsel proposes to pay costs and expenses incurred with the exception of those specific costs identified in this section. Expenses to be billed to City would include only extraordinary messenger and/or overnight mail delivery services (actual cost), copying ($0.05 per page), facsimile (transmission only- $0.25 Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 32 3 3~ per page) and prep~ration and printing of-bonds and transcripts by Counsel, if required. Such costs would be due and payable upon the issuance of the bonds or the termination of the proceedings to form the Assessment District. Reimbursable costs incurred prior to termination of the proceedings to form the Assessment District would be payable only from property owner or developer advances to the City Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.1dt April 11, 1997 Page 33 3 -3:3 A'¡"+JK.,.,.,¡~+ y .'..Parties and Recital Page (s) Agreement between City of Chula Vista and Kadie-Jensen, Johnson & Bodnar for Financial Consulting Services This agreement ("Agreement"), dated for .the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ( "Consul tant"} , and is made with reference to the following facts: Recitals Whereas, the City is considering the financing of certain public improvements that will serve the Otay Ranch Village One properties, with financing proceedings to be conducted pursuant to the "Municipal Improvement Act of 1913" and the "Improvement Bond Act of 1915"; and, Whereas, the City is desirous of retaining a professional financial consulting services for the formation of an assessment district for financing the construction of said improvements serving the Otay Ranch Village One; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 1 ¿¡ - I . Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and-deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 2 '/- ¿ In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categor- ies, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 3 C/ - 3 and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 4 <-,/- c.¡ Attorneyl which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. .,.. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3 ) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 1. Business License 1. The City Attorney's Office prefers that you obtain approval of the surety or bank, the form of the security and the amount of the security from the Risk Manager in the first instance and not the City Attorney. The City Attorney's office would be available on such risk issues as an alternate only if the Risk Manager is unavailable and the matter can't wait. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 5 ý -s- consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.1dt April 11, 1997 Page 6 ',?- " account number indicated on Exhibit A, Paragraph 18 @ to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 7 ç¿ - 7 and will not be g{ånted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 8 'f - ð' Regardless o:C'whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 9 (.f '1 Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 10 y - ID satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 11 '-f -If Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee 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. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 12 t./ -("L No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. 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. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall entitled to recover all reasonable costs incurred in the of the claim, including costs and attorney's fees. be defense 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or . document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 13 v /3 If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. 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 herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 14 4 /f arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 15 v- /s ! , ' ~greem~nt I ' I Signature Page to between City of Chula Vista and Kadie-Jensen, Bodnar oluison & , ¡ I~ WITNESS WHEREOF, City and ~greern~nt thereby indicating that ¡same, and indicate their full and . : t : þated: , ¡ I I Þ.ttest I ¡ , Beverli Authelet, City Clerk i! ' [Fe_" .. '0 '0=' Œolui M.I Kaheny, City Attorney I " fated: ¡ I I ! i I I ¡ Standard Form Two Party I ' ¥:\ho~e~engineer\landdev\ckagree1_ldt April 1!l, 1997 :, ! I i i i i ; I , I ¡ I for financial consulting services Consultant have execut d this I they have read and und rs~ood complete consent to it terms: .19- City of Chula Vista by: Shirley Horton, Ma or I I [Name of Consultant] tc 'rrB : By: [name of person, tittle]' Agreement (Fifth ev~sion) Paige 16 '-I ((P 'Exhibit List to Agreement (X ) Exhibit A. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 17 '-/ - (7 Exhibit A to Agreement between City of Chula Vista and Kadie-Jensen, Johnson and Bodnar 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political-subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: [insert business form] , a ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Kadie-Jensen, Johnson & Bodnar 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X ) Corporation Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 18 Lf (ý 6. Place of Busihess, Telephone and Fax Number of Consultant: 7801 Mission Center Court, Suite 229 San Diego, California 92108 Voice Phone (619) 296-1450 Fax Phone (619) 296-3783 7. General Duties: to provide the City with all the required financial consulting services for the formation of an assessment district pursuant to the "Municipal Improvement Act of 1913" (1913 Act) to fund the acquisition or construction of the following backbone facilities in the Otay Ranch: * Paseo Ranchero (4 lanes) - Telegraph Canyon Road to East Palomar Street (TDIF facility) East Palomar Street (4 lanes) - Paseo Ranchero to the Eastern Boundary of village One Mónarche Drive (2 lanes) - Around Park P-l * * Bonds are proposed to be issued pursuant to the Improvement Bond Act of 1915. 8. Scope of Work and Schedule: A. Detailed Scope of Work: I. CONSULTANT RESPONSIBILITIES Under the general direction of the City Manager or his designated representatives, Consultant shall provide the City with all required professional financing consulting services for the Project. This includes: A. PreDaration of Financina Plan - Consultant shall review and examine City's current criteria with regard to municipal financing, including lien ratio requirements, analyze tax rate impact from the use of public debt financing and maximum annual tax. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 19 Lf ;e¡ - Review' the financial feasibility of Because of the recent history of this involvement of the Baldwin Company, a plan may be difficult to develop. the Project. Project and the viable financing - Discuss the Project plan with City staff and property owner(s) to ensure that there is full disclosure to all parties of the risks involved. B. District Formation for Prolect - Consultant shall work with the Assessment Engineer in developing the method of spreading the assessment for the Project. This will assure that the appropriate methodology has been considered in terms of its effect on bond marketing. - Attend such meetings of property owner(s) as directed by the City. - Be available for any other meetings, hearings or consultations as may be requested by the City. C. Analvsis of Bond Marketing - Consultant shall analyze the marketing methods appropriate to the Project including the amount, type and quality of security. - Recommend a marketing format to the City: 1. Competitive sealed bids, or 2. Negotiated sale Based on the information available to date, it is likely that the Bonds will be marketed through a negotiated sale. This Project has unique problems that will require substantially more work to protect the Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 20 '-I 2.0 City's interests, insure full disclosure, and successfully market the bonds. D. Sale of Bonds 1. Competitive Sealed Bids In the event that it is decided to market the bonds on a competitive sealed bid basis, Consultant' services shall include, but not limited to the following: - Assist Special Disclosure Counsel in the preparation of an Official Statement which would comply with all current S.E.C rules and regulations governing disclosure and issuance of municipal securities, including all current available information useful to the prospective underwriters in evaluating the security of the bonds to be offered. - Assist Bond Counsel in preparing the Notice of Sale and arrange for required publication. ~ On approval of the Notice of Sale and the Official Statement by the City, mail the Official Statement, the notice of Sale, and a bid form to a comprehensive list of prospective assessment district bond underwriters, - Arrange for a tour of the Project area by prospective underwriters. - Undertake such other services and analyses as may be required or desirable to assure that the City receives the best possible bids on the bonds being sold and fulfills its obligation for complete disclosure. - On the bond sale date, assist the City in opening and evaluating the bids for the purchase Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 21 ~ ~I of the bonds, and make a recommendation for award of the bonds to the lower bidder. - Assist the City, as needed, to assure the timely delivery of bonds and closing. - Be available for meetings of the City Council, or other meetings or consultations as may be required by the City. 2. Neaotiated Sale In the event that it is decided to market the bonds on a negotiated basis, Consultant' services shall include, but not limited to the following: - Consultant shall assist the City in the selection of underwriter(s) for a negotiated sale. The selection of underwriter is a key to the successful completion of this project. The underwriter has the responsibility of preparing the Official Statement and using its own legal counsel to insure that disclosure laws are adhere to. The underwriter must have the experience and established track record of marketing several assessment district bond issues in order to understand the risks and problems associated with this Project. In the event that the City selects an underwriter that, in the opinion of the Consultant, does not meet these requirements, Consultant may withdraw from this Agreement by providing 30 days notice to the City. - Assist the City in negotiating with the underwriter(s) for the sale of bonds. - Assist Bond Counsel in preparing the required legal documents. - Undertake such other services and analyses as may be required to assure that the City receives the best Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 22 L/ ~ 2..- 1- II. possibl;-price on the Bonds and fulfills its obligation for complete disclosure. - Attend such meetings of the City Councilor staff as directed by the City. - Assist the City, as needed, to assure the timely delivery of Bonds and closing. PROJECT CONSULTANTS Consultant shall have the responsibility for hiring an appraiser, subject to the prior approval of the City Engineer and the Finance Director; both as to selection and compensation. The City shall reimburse the Consultant for the cost of the services provided by the appraiser Other subconsultants (such as the Special Disclosure Counsel) may be employed by the Consultant but only subject to the prior approval of the City Engineer and the Finance Director; both as to selection and compensation. City reserves the right to employ, at its own expense, any or all consultants, or other personnel it deems necessary to complete the Project. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: N/A Deliverable No.2: N/A Deliverable No.3: N/A Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 23 ~ L3 D. (X) (X) (X) ( ) ( ) 10. Date for ~bmpletion of all Consultant services: The term of this agreement shall run from its date to January 1, 2005, or upon sale and delivery of bonds. Insurance Requirements: Statutory Worker's Compensation Insurance Employer's Liability Insurance coverage: $1,000,000. Commercial General Liability Insurance: $1,000,000. Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). Materials Required to be Supplied by City to Consultant: 11. Compensation: A. (X) Single Fixed Fee Arrangement. I. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $35,000, payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee * For services provided under I.A. through I.C. (Section B.A of Exhibit A) * For services provided under I.D. (Section B.A of Exhibit A) (subject to successful sale of the bonds) II. $10,000 $25,000 For other services: a. In addition to any fees which may come due hereunder, consultant will be reimbursed, at cost, Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 24 'I - 2..'1 b. c. fo~"any out-of-pocket expenses incurred for any of the following purposes: printing and mailing of the Preliminary and Final Official Statements and any accompanying documents required for the marketing of the bonds: publication of the Notice of Sale; and preparation of a Statement of Overlapping debt. The total amount of such reimbursement shall not exceed $14,000. Said maximum amount does not include the cost of obtaining a bond rating, insurance, or Special Disclosure Counsel. The reimbursement of the foregoing expenses is not contingent on or subject to the sale of bonds. City shall reimburse Consultant for the cost of the services relating to subconsultants. The amount to be paid for services of an appraiser and/or a Special Disclosure Counsel shall not exceed $20,000 total for both subconsultants. If any sale of bonds is canceled or postponed beyond one year from the date of commencement of proceedings for such sale, or if this contract is terminated by either party for any reason, consultant shall be paid for services rendered at the rate of $135 per hour and will additionally be reimbursed for any out-of-pocket expenses incurred in connection with the services required by this contract. The maximum amount to be paid for these services is $10,000. Said maximum amount does not include any expenses under Section II.A.II.a or Section II.A.II.b of Exhibit A. ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 25 Cf-Z-5 ret~rned to the City if the Phase is not 'satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. 3. 2. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 26 'I z..þ $ $ $ ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 27 '-I - 2-7 Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation") . (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee of Consultant Name Hourly Rate Financial Consultant Carl Kadie $135 ) Hourly rates may increase by 6% for services rendered after [month], 19 ,if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 28 L( 2..Ý For the cost '~f out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) None, the compensation includes all costs. Cost or Rate Reports, not to exceed $------: Copies, not to exceed $------: Travel, not to exceed $------: Printing, not to exceed $------: Postage, not to exceed $------: Delivery, not to exceed $------: Long Distance Telephone Charges, not to exceed $------ Other Actual Identifiable Direct not to exceed $ , not to exceed $ Costs: 13. Contract Administrators: City: Clifford L. Swanson City Engineer 276 Fourth Avenue Chula Vista, CA 91910 Carl Kadie 7801 Mission Center Court, Suite 229 San Diego, Ca 92108 Consultant: 14. Liquidated Damages Rate: ) $----- per day. ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X ) Not Applicable. Not an FPPC Filer. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 29 2-'1 <f ) FPPC Filer ) Category No.1. income. Investments and sources of ) Category No.2. Interests in real property. ) Category No. property and regulatory, department. 3. Investments, interest in real sources of income subject to the permit or licensing authority of the ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ) Category No.5. Investments in business and sources of income of the type which, the past two years, have contracted with of Chula Vista (Redevelopment Agency) to services, supplies, materials, machinery equipment. entities within the City provide or ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 30 :36 y .,.. 16. ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: Consultant shall have the responsibility for hiring an appraiser, subject to the prior approval of the City Engineer; both as to selection and compensation. The City shall reimburse the Consultant for the cost of the services provided by the appraiser 18. Bill processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X ) Other: l)At issuance and sale of bonds or abandonment of project. 2) As required to pay subconsultants B. Day of the Period for submission of Consultant's Billing: ) First of the Month ) 15th Day of each Month ) End of the Month ) Other: C. City's Account Number: 19. Security for Performance ) Performance Bond, $ ) Letter of Credit, $ ) Other Security: Type: Amount: $ Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.1dt April 11, 1997 Page 31 3; C(- ) Retentioh. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ) Retention Percentage: ) Retention Amount: $ Retention Release Event: ) Completion of All Consultant services ) Other: Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 32 £.f- 3è. ~ ~ ESTIMATE OF MAINTENANCE COSTS FY 97-98 OPEN SPACE DISTRICT NO. 10 1997-1998 \996-1997 1995-1996 Personal Services Utilities $180.00 $180.00 $13,960.00 Trash Collection & Disposal Water 13,781.00 13,781.00 Service to main bldg,struct,grds 200.00 200.00 City Staff Services 8,285.00 8,285.00 6,800.00 Contract Services 31,613.00 31,613.00 31,330.00 Landscape Supplies 739.00 739.00 740.00 Materials to main bldgs,struct. 380.00 380.00 380.00 Backflow Certification 200.00 Professional Services Supplementals Other commodities Advertising ESTIMATED MAINTENANCE CO $55,178.00 $55,178.00 $53,410.00 Reserve Requirement $34,762.00 $32,555.00 $29,086.00 Reserve Percent 63.00% 59.00% 54.46% Additional reserve 0.00 0.00 0.00 Less Fund Balance $37,300.00 $34,900.00 $36,402.00 NET ASSESSMENT $52,640.00 $52,833.00 $44,624.00 BOll'S 630.37 630.37 630.37 Collectib1eÆDU $83.51 $83.81 $70.79 Percent cbange fimn prior years -0% 18% 68% Collectible - even dollar 584 584 $71 Revenue ftom even $ payment $52,951 $52,95\ $44,756 Assessment $88.48 $84.9\ $83 Assessment with cpr 4.2% $88.48 $84.9\ BudgetÆDU $87.53 $87.53 $84.73 Percent cban~e IÌom prior years 0% 3% Protest: F:\I1omelEng;neerIOpel18pac19700d.wq1 3/26/97 ." 0 ~ :;i ;¡I ~rtt z" ~ ~ >' a -fen r ~~ ~!\:( ;~ :I~r\ J.,\~ "".. ".....)'\ . .""'. "';:,) ;" / . .. ... ~ . . 0 z c:t ... ~t . g I~ .. . ~ ;! ~i 6.5' . . "'- . ~ ~iC ä i~ Z 8 ~"I - =- ~ ii, ~i 1-. !fl w : JEASTLAKE MÁ~TR I CT NO.1. CITY OF OIULA VISTA COUNTY OF SAN OI£GO. STATE OF CALIFORNIA .' \~-~, ~ -::S::' - - ~..-. - . - J \ ~,\ 0- ~~ ..' \\ 11 - ",,--=-==:... /~., ~\\ \\ II ,/~"""" 1-,"'\: I ~,..."I')) \\../ I -~/ ,~, ~ If""" /'- " ",v . ,II / /I'~/. - ,,/~ Iii [I I (I{ . ¥' \~ I \ \ II III \1 \ \\ VI ~ I \ I '\ \ \ ZONE B m i.' I r-=~IF~~ \'1 I I I '\ ~---_.~ I I II' "'- ",,----.... I I '---_/ \~ ill ~ 1\ --- \\~ I L ~, ~I ¿ ~ ~ II // \ ~~" I 1/ \~ ,,~ I If '\, "\- r'" - - ,,~ I.I"~ ,,~ " ,~ - "= ~ ,t/ '\~ "\ .ff/ J b ~"":_-"""--~ ,. ---~-- .... ,..,"" -""" -- ...... - -~- .-- - ---- - ",. - J ---...........----.. ..... lllGO."'U'OII'-- - 8IT- __I If ---*'. ---------------- 9-( . - . . M. A ~ 1. WNiICI _.~ --lID. I .., IlO.l If . ( ~ f . , & I . - EAST LAKE MAINTENANCE DISTRICT NO. I . CITY OF CHULA VISTA COUNTY OF SAN DIEGO. STATE OF CALIFORNIA - - ""'.CI . .am - 10 ... 101*" or 9.,; 5 _DIIOO.&lIII_'..CII.-_IIIT- . ""'IOOI"'_~. ean.aa --- 8IWC' 810. I .., 810.8 " . ~ " ESTIMATE OF MAINTENANCE COSTS FY 97-98 EASTLAKE MAIN1ENANCE DISTRICT NUMBER 1 1997-1998 1996-1997 1995-1996 Personal Services Utilities $1,680.00 $1,680.00 $85,560.00 Trash Collection & Disposal 4,760.00 4,760.00 4,760.00 Water 94,054.00 93,624.00 Service to main bldg,struct,grds 600.00 600.00 760.00 City Staff Services 40,307.00 32,690.00 34,620.00 Contract Services 103,242.00 102,172.00 118,310.00 Landscape Supplies 2,020.00 1,990.00 2,420.00 Materials to main bldgs,struct. 4,934.00 4,884.00 5,820.00 Back11ow Certification Professional Services Supplementals Other commodities Advertising ESTIMATED MAINTENANCE CO $251,597.00 $242,400.00 $252,250.00 Reserve Requirement Reserve Percent Additional reserve Less Fund Balance NET ASSESSMENT EDUS Collectible/EDU Percent change from prior years Collectible - even dollar Revenue ftom even $ payment Assessment Assessment with CPI4.2% Budge1/EDU Percent chan.e from orior vears Proteat: F:\homelEngineer\Openspac\97osd.wql 3/21/97 f, \ ~ /l #4eh h!e#Jr /1 pI) SUBJECT: Agreements with out of District Users for use of the Spring Valley Sewer System (Districts 1,2 & 4) Fiscal Impact The recommended actioQwill have no fiscal impact on the County General Fund. There will be no current year cost, no annual cost and no additional staff years required. The new agreements will extend the terms of previous agreements that have expired and provide for an equitable allocation of the District I s maintenance, operations and capital replacement costs among the Out-of-District-Users of the Spring Valley Sewer System until the year 2003. The new agreements may increase revenues to the Spring Valley Sanitation District by an unknown amount in future years. BACKGROUND: out-Of-District-users out-Of-District-Users (ODUs) are agencies that utilize part of the spring Valley Sanitation District I s sewerage. system for transportation of the wastewater to the Metro system. The current ODUs include the cities of Chula Vistat La Mesa, Lemon Grove, and San Diego and the Otay Water District. The previous agreements with these agencies provided that transportation charges include 1) the purchase of capacity rights in portions of the Spring Valley Sewer System, 2) annual charges for use of the sewer system, and 3) replacement project charges (based upon the flow discharged by the agency). However, the method of allocation of costs to each ODU were not identical. On May 24, 1994 (san 1) the Board of Directors tentatively approved the Fiscal Year 1994-95 spring Valley Sanitation District (SVSD) budget. Representatives of the spring Valley Concerned citizens and the V~lle de Oro Planning Group presented information on the issue of how general administrative and other operating cost~are shared by major ODUs of portions of the spring Valley Sewer System. The Board requested additional information on the fairness of charges to the ODUs with respect to costs paid by the SVSD. Agreements with these agencies were written about thirty years ago and have now expired. The provisions regarding fair-share payment for capacity rights, maintenance and operations, and replacement costs have been reviewed and agreed to by the SVSD and ODU staffs. As a result of the Board action on May 24t 1994 SVSD contracted with the accounting firm of Calderont Jaham and Osborn to make recœmnendations for reasonable and supportable allocation of fair- share charges for ODUs. The firm has now completed the study and recommendations. . Their recommendations include two methods of allocating charges to the ODU: a full participation fee, and a t~ansportation charge. FUll Participation Fee The propòsed full participation fee is applicable only for planned 2 ~//? Agreements with Out of District Users for use of the Spring Valley Sewer System (Districts 1,2 & 4) expansion projects that are to be constructed in the near future. There are no expansion projects p~anned in the near future. SUBJECT: However the recommendation provided that estimated project costs shall include planning, design, surveys, construction, contract administration, rights of way, and environmental mitigation. These costs are to be allocated based upon the peak capacity requested by each agency in the new facility. The estimated project cost is adjusted to the actual cost after the project is completed. The new agreements state that prior to the start of any expansion project construction, a separate agreement between all effected agencies shall be executed to allocate the capacities and costs of the expansion. . Transportation Charge For all costs other than proposed expansion projects, the consultant recommended that a transportation charge method be utilized. The transportation charge is to include three components: L A capacity charge which allocates the original cost of the Joint System (any portion of the Spring Valley Sewer System used by at least one other agency) based upon the capacity that was requested by each agency. The original Project was bond financedt and the capacity charge includes the bond costs. 2. All agencies except Otay Water District have now completed payment for their capacity rights based on the bonded construction cost of the Spring Valley Outfall. Otay has paid its share of capacity charges for the Rancho San Diego interceptor. The annual maintenance and operations (M & 0) cost for the Joint System is allocated to ODUs based upon the portion of the system used by the ODU. Staff developed an M & 0 cost distribution plan to determine the portion of the Spring Valley Sewer System used by each ODU, and the allocation of maintenance and operation costs to each ODU. ' The calculations are performed by a computer using a model of the Spring Valley Sewer System and is based upon each agency's flow, the length of pipe utilized and the diameter of the pipe utilized. This method closely approximates the distribution of annual M & 0 cost throughout the system. The annual M & 0 cost shall include actual direct and indirect costs 3 ~~." /~.. SUBJECT: Agreements with Out of District Users for use of the Spring Valley Sewer System (Districts 1, 2 & 4) associated with the field operation and maintenance of the sewer system, including overhead cost (such as administration and management costs). 3. A replacement. charge is proposed for the cost of replacing portions of the original Joint System. The proposed ODU allocation is based upon the proportion that the agency's annual flow bears to the total annual flow of the Joint System, times the total project cost of the replacement. The facility replacement costs include engineering, construction management, environmental mitigation, rights-of-way (if any), and the construction contract for replacing and/or upgrading specific segments of the system trunk lines and outfall. SUMMARY The proposed transportation charge is consistent with the previous agreements in respect to capacity charges and replacement charges. The method of allocation of maintenance and operations costs is new but is the same for all ODUs. It is felt that this method closely approximates the distribution of annual M & 0 cost throughout the joint system, and therefore is fair to both ODUs and the SVSD. Meetings have been held with staff from each of the out-of-district users to discuss the proposed transportation charge and proposed new or modified agreements. Each ODU staff has ~xpressed support for the proposed method for cost allocation of maintenance and operations costs and the capacity charge. Agreements with each ODU will be presented for Board consideration in the near future. RespectfullYt LAWRENCE B PRIOR III CHIEF ADMINISTRATIVE OFFICER 4 ~-.;l;~ BOARD OF SUPERVISORS AGENDA ITEM INFORMATION SHEET SUBJECT: Agreements with Out of District Users for use of the Spring Valley Sewer System SUPV. DIST.: 1,2 & 4 COUNTY COUNSEL APPROVAL: Form and Legality (X) Yes ( ) N/A ( ) Standard Form ( ) Ordinance ( ) Resolution CHIEF FINANCIAL OFFICER/AUDITOR REVIEW: ( ) N/A (X) Yes 4 VOTES: ( ) Yes (X) No CONTRACT REVIEW PANEL: ( ) Approved (x ) N/A CONTRACT NUMBER(S): None PREVIOUS RELEVANT BOARD ACTION: March 9t 1964 (Sanitation District) Approved agreement between the city of Chula Vista, the City of San Diego and the Spring Valley Sanitation District of the County of San Diego for the use of District's Outfall Sewer. May 10, 1965 (San 3)Approved Agreement between Lemon Grove and Spring Valley Sanitation District for transportation of wastewater. May 24, 1965 (San 1) Approved Agreement between La Mesa and Spring Valley Sanitation District for transportation of wastewater. May 24, 1994 (San 1) Directed Chief Administrative Officer to provide information on the equity of charges to Out-of-District- Users. BOARD POLICIES APPLICABLE: None CITIZEN COMMITTEE STATEMENT: None CONCURRENCES: None ATTACHMENT(S): ORIGINATING DEPARTMENT: Public Works CONTACT PERSON: Larry Watt (S50) 694-2134 (MS 0384) DEPARTMENT AUTHORIZED REPRESENTATIVE September 30. 1996 MEETING DATE 5 ~~ QInuntl,;! 11£ ~aJ TOM GARIBAY DIRECTOR 1019) 0...2212 FAX, 1610) .0..".' LOCATION COOE 550 DEPARTMENT OF PUBLIC WORKS 5555 OVERLAND AVE, SAN OIEGO, CALIFORNIA 92123.1295 August 1, 1996 Mr. John Lippitt Director of Public Works City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mr. Lippitt: AGREEMENT BETWEEN THE SPRING VALLEY SANITATION DISTRICT AND THE CITY OF CHULA VISTA FOR THE TRANSPORTATION OF WASTEWATER IN THE SPRING VALLEY OUTFALL Based upon a discussion between you and Dale Hoffland of the Wastewater Management -Section of -the County Department of Public Works on July 2, 1996, the following terms are offered in regard_to the subject Agreement. The new Agreement shall take efrect on July 1, 1997. The Spring Valley Sanitation District (District) shall extend the terms or the old Agreement to June 30, 1997. Thererore, the District M & 0 charges through June 30,1997 shall continùB to be calculated to be 10 percent of the Metro charges. When the dispute with the City or San Diego is resolved, both the Metro charges and the District charges will be corrected to reflect the appropriate charges to the City of Chula Vista. Any over- charges paid by the City of Chula Vista (City) shall be credited against future costs. - i5 - ( 0 -~,_.."" Mr. Lippitt - 2 - August. 1, 1996 The District shall not charge interest on any unpaid amounts due to the District by the City under the old Agreement, provided that $191,000 is paid prior to July 1, 1997 and the entire amount due is paid by July 1, 1998. The amounts due to the District by the City for maintenance and operation (based upon Metro costs and the 10 percent formula) are as follows: Fiscal Year FY 1992-93 FY 1993-94 FY 1994-95 FY 1995-96 FY 1996-97 Total (est) Amount $326,344 $ 98,510 $200,636 $142,476 $136.700 $904,660 If you have any questions, please call Larry Watt at 694-2134. Very truly yours, ~ 41 JlLIP ~ ~~~e~~~BAY TG:DWH:ns (cv-odU96. dlt) /3-è j) ;fc1~¡;ft1~;- (2 QIounty nf ~a:n ~ieBn TDM GARIBAY DIRECTOR 16111."-"" .,u, t."I'..-".' LOCATION CODE SS. DEPARTMENT OF PUBLIC WORKS COUNTY ENGINEER COUNTY AIRPORTS COUNTY ROAD COMMISSIONER TRANSIT SERVICES COUNTY SURVEYOR FLOOD CONTROL WASTEWATER MANAGEMENT SOLID WASTE 5555 OVERLANO AVE, SAN OIEGO, CALIFORNIA 9" 23-'295 November 14,1996 Mr. John Lippitt Director of Public Works City of Chula Vista 276 Fourth Avenue Chula Vista, CA. 91910 Dear Mr. ~ ~ AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SPRING VALLEY SANITATION DISTRICT FOR THE TRANSPORTATION OF WASTEWATER IN THE SPRING VALLEY JOINT SYSTEM This letter is to clarify the intent of two sections of the above agreement. Section 2 extends the terms of the previous agreement to June 30, 1997. Section 12 of the previous agreement provides that Chula Vista's service charge shall be 110 percent of the Metro charge and includes the District's cost of maintaining and operating the District's outfall sewer (100 percent for Metro and 10 percent for the District). The 10 percent charge includes all replacement costs owed by Chula Vista to the District through Fiscal Year 1996-97. The last sentence of Section 12 C.1 of the new agreement says: "District may recover capital replacement costs on a retroactive basis". This wording allows the District to bill for actual costs of the priDr year. Under Section 12 C.2 the District shall submit a bill by April 1, and Chula Vista shall pay the bill by February 1 the following year. Since payment of the 10 percent of Metro costs includes all replacement costs through June 30,1997, the retroactive collection of replacement costs shall not include any_costs prior to June 30, 1997. Furthermore, it is the intent of the District to give a~ñCenÖtièe" of estimated replacement costs to allow enough time for Chula Vista,10budget the-,':', ", .\ ","mated ,,~, of <epl,ccmeots. . 4&l~ ;. ':;", <',' . , , <". (! - / 0-..._- Mr. Lippitt -2- If you have any questions, please call me at 694-2134. Very truly yours, ~A' WATT. Dep"~ D;recl". Act;" Department of Public Works LAW:DWH:ns (cv-replt.dlr) C-è November 14,1996 ..1 III I I ;; : I Iii I! . hili I I .. I. ¡II I " IIIIII¡ ¡ ! i . . , . , November 7. 1996 SPRING VALLEY SANITATION DISTRICT MAINTENANCE AND OPERATION CHARGES FOR OUT OF DISTRICT UßER IN SPRING VALLEY JOINT SYSTEM PER RATIO OF I:(EDU*MI*D) OF EACH AGENCY (ADJUSTED FOR OTAY BY ANNUAL TOTAL FLOWS FROM OTAY TO RANCHO SAN DIEGO PUMP STATION) TO TOTAL I:(EDU*MI*D) OF SPRING VALLEY JOINT SYSTEM ADJUSTED BY ANNUAL TOTAL FLOWS FROM SPRING VALLEY TO METRO lO.m.o """"""'. ,...""". ,. """'." """'T"""" """'-..- "'0 lOT."'" "'.'" "MO' ..OVl "'.m "."'-' "0."° ""0" TOI"ßOW TO"'O," "'Of"'. ....""". "."'.1 lO.m.' ",...,.01",.", "'."'.' '10.411 "'.10'.1 ",.,,' "'."'.' "'.'" "o.m.' "'.'" I "."'.1 "'.'" ",.", "'.1" ",.,.. .".'" "".'" "".m "'0.'" ,"'.", "".", "".'00 "".000 "".100 "'O.'" """.'" "".'" "".'" ..".m ..".'" 14o,.", ",.'" "'."'.' "'.'" """""'.". "'.'" """0 V"", "'."'.' ,no.", "".T<' U"."'" "."'.'" "."'.O" "."'.'" "." '.TOT".'O .. ,.." "'". "".'" "".'" 1. RSDPS i, RANCHO SAN DIEGO PUMP STATION. - 2. Fo, OTAY. FACTOR F - IANNUAL TOTAL FLOWS horn OTAY '° RANCHO SAN DIEGO PUMP STATION i" THAT FISCAL YEARI I iANNUAL TOTAL FLOWS horn OTAY '° RANCHO SAN DIEGO PUMP STATION in THE FISCAL YEAR 19OJ-941. ,nd '°' OTHER AGENCIES. FACTOR F - 1.00. 3. M"O - (35.12" ofTOTAL M&O to. THE JOiNT SYSTEM}, U"""o'mI'd) 01 oooh AGENCYI' IF}. NOTE: CHARGES SHOWN IN SHAOED AREAS ARE FOR INFORMATION ONLY. ACTUAL CHARGES WERE CALCULATED PER PRIOR AGREEMENTS. m".,.,CV\.",h,FS.MAO EXHIBIT "B" ATI'ACHMENT 1 LOCATORS AND EXHffiITS /3-3 ~ W l- t/) > tn Z Q ~I- Z<C ~..J ..J::) a.O wa: !:Õ tnz c<C w- >' a: ,: d I- a:~ a. c' a. w' <Ca. c: CJ) "õ ~ 0- <0 ~ CJ) (]) CJ) ~ ~ c: CJ) 0 .- u CJ) <0 0 (])~. c: 0- CJ) <0 <0 CJ) 0 ~ - CJ) 0- (]) 0- (]) e ~ 2 g 0- CJ) ";¡¡ <0 >,(õu- = c: (]) <0 ¡g.Q>§ "5> ~ e :E "¡: u g:g o.«4~ I I J 1)-5 . : 80 . J3~6 ~~- - . --. . --; t ., ~, ~{f?, ~~ -_._.- - ........"",-,,-. , "'.""""""'- CIlY OF CHUlA VISTA OFFICE OF THE MAYOR SHIRLEY HORTON May 15,1997 Carol Schoen, Manager Barona Casino 1000 Wildcat Canyon Lakeside, CA 92040 Dear Ms. Schoen: The City Council has been donating its time and resources to the Boys and Girls Club of Chula Vista. The Club is facing a funding shortfall in the current fiscal year and has embarked on a special fund raising campaign in the hope of keeping the "L" Street Center open. The Boys and Girls Club serves more than 5,000 low-income and at-risk youth per year, at virtually no cost to families. Most of the children served are "latchkey" kids, and were the Club to close, these children would have no where else to go. We recognize the importance of the programs and services provided by the Boys and Girls Club, and support them as they seek donations to keep the "l" Street Boys and Girls Club Center open. A donation by the Barona Casino to the Boys and Girls Club further supports their work in the community white enhancing your organization's strong community minded reputation in the city. Thank you for your consideration of the Boys and Girls Club request, and should you have any questions or require additional information, please feel free to call Mr. Scott Mosher, Boys and Girls Club ExeCutive Director at (619) 421-4011, or my office directly. . Sincerely, ~../~ Shirley ¡(orton Mayor SH:ab (4-(0 276 FOURTH AVENUE .CHULA VlSTA.CAUFORNIA 91910. (619) 691-5044. FAX (619)476-5379 @ --...-- ~F?- ~~ """'--~ CIlY OF CHURA VISTA OFFICE OF THE MAYOR SHIRLEY HORTON May 15,1997 Mario Esqueria, General Manager Viegas Casion and Turf Club 5000 Willows Road Alpine, CA 91910 Dear Mr. Esqueria: The City Council has been donating its time and resources to the Boys and Girls Club of Chula Vista. The Club is facing a funding shortfall in the current fiscal year and has embarked on a special fund raising campaign in the hope of keeping the "L" Street Center open. The Boys and Girls Club serves more than 5,000 low-income and at-risk youth per year, at virtually no cost to families. Most of the children served are "latchkey" kids, and were the Club to close, these children would have no where else to go. We . recognize the importance of the programs and services provided by the Boys and Girls Club, and support them as they seek donations to keep the "L" Street Boys and Girls Club Center open. A donation by the Viegas Casion and Turf Club to the Boys and Girls Club further supports their work in tbe com.munity while enhancing your organization's strong community minded reputation in the city. Thank you for your consideration of the Boys and Girls Club request, and should you have any questions or require additional information, please feel free to call Mr. Scott Mosher, Boys and Girls Club Executive Director at (619) 421-4011, or my office directly. Sincerely, ~~ Shirley Horton Mayor SH:ab ¡</-.-II 276 FOURTH AVENUE. CHULA VISTA. CAUFORNIA 91910. (619) 691-5044' FAX (619) 476-5379 @ ---......- qr ':::;"0;(.,4 ~~ ""'....--- ""..,.--=- CllY OF CHUlA VISTA OFFICE OF THE MAYOR SHIRLEY HORTON May 15, 1997 Harry Taylor, General Manager Sycuan Gaming Center 5469 Dehesa Road EI Cajon, CA 92019 Dear Mr. Taylor: The City Council has been donating its time and resources to the Boys and Girls Club in Chula Vista. The Club is facing a funding shortfall in the current fiscal year and has embarked on a special fund raising campaign in the hope of keeping the "l" Street Center o~n. The Boys and Girls Club serves more than 5,000 low-income and at-risk youth per year, at virtually no cost to families. Most of the children served are "latchkey" kids, and were the Club to close, these children would have no where else to go. We . recognize the importance of the programs and services provided by the Boys and Girls Club, and support them as they seek donations to keep the "l" Street Boys and Girls Club Center open. A donation by the Sycuan Gaming Center to the Boys and Girls Club further supports their work in the community While enhancing your organization's_- strong community minded reputation in the city. - Thank you for your consideration of the Boys and Girls Club request, and should you have any questions or require additional information, please feel free to call Mr. Scott Mosher. Boys and Girls Club Executive Director at (619) 421-4011, or my office directly. Sincerely, ~~ -Shirley~orton Mayor SH:ab !-4 - (2. 276 FOURTH AVENUE. CHULA VISTA. CAUFORNIA 91910. (619) 691-5044. FAX (619) 476-5379 @--- ~/j/ Minutes March ll, 1997 Page 5 11. REPORT EXPLORING OPTIONS FOR PROVIDING ASSISTANCE TO THE BOYS AND GIRLS CLUB OF CHULA VISTA TO ENABLE THEM TO CONTINUE OFFERING YOUTH-ORIENTED PROGRAMMING AT THE COMMUNITY YOUTH CENTER - The Boys and Girls Club of Chula Vista has been experiencing some financial challenges which have resulted in the Club's consideration of the termination of their operations and programming at the Community Youth Center on "L" Street. The Club offers valuable recreational and social activities on a year-round basis at the facility, and the elimination of these programs would have a negative impact on the participants that they serve. Staff recommends approval of the resolution. (Director of Parks, Recreation and Open Space) RESOLUTION 18599 APPROPRIATING $20,000 FROM THE UNEXPENDED PORTION OF THE PUBLIC/SOCIAL SERVICE CATEGORY OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR PROGRAM YEAR 1995/96 TO OFFSET THE BOYS AND GIRLS CLUB OF CHULA VlST A'S PORTION OF THE BUILDING MAINTENANCE AND OPERATIONAL EXPENSES AT THE COMMUNITY YOUTH CENTER -4/5th's vote required. John Goss, City Manager, stated the staff report contained certain options: one of the options is for the City to pick up some of the utility-type costs from block grant funds. The estimate of funds available was based on initial communications with the Community Development staff; however, upon reviewing this item further, it was discovered less money was available. He advised that during the last four years, the Parks and Recreation Department's budget was cut by approximately $362,000. Jess Valenzuela, Director of Parks and Recreation, stated the "L" Street Boys and Girls Club, known as the Community Youth Center, is a City facility with a joint relationship with the City, School District, and the Club. The Club is experiencing an organizational-wide problem which is not limited to just the "L" Street facility. Over the past few years, the Club experienced a drop in revenues, mainly attributed to a loss of revenue from bingo and the United Way, and one of the most difficult issues the Board has to consider is the possible closure of the "L" Street Boys and Girls Club. Chris Salomone, Director of Community Development, stated in an effort to solve the current problem, staff looked for funding sources that were immediately available, such as unexpended balances of the previous year's block grant recipients. Upon checking with all sources to verify the unexpended balance, staff found a majority of the recipients submitted late reimbursement forms which were honored by the City. For this reason, it reduced the amount immediately available to $11,270. He felt that with time, staff could find a creative way to address this problem. Counci1member Salas indicated she was uncomfortable with the staff report as presented and what Council was being asked to makê a decision on. The report indicated this was a cursory analysis, and staff did not have sufficient time to do research, as well as evaluate, the Club's fundraising efforts. . The following people spoke in support of keeping the "L" Street Boys and Girls Club open and requested the City's assistance in keeping the facility open: Mike Gunn1augsson, 1212 Oleander, Chula Vista. Linda DeSantis, no address given. J.R. Roche', no address given, 5 years old. Susan Kalaher, 1029 Fourth Avenue No.1, Chula Vista. Joey DeSantis, no address given. 5 years old. John Gugerty, 768 Cassia Place, Chula Vista, Principal of Rice School. Joanne Reel, 2113 Northshore Drive No. C, Chula Vista, President of the Boys and Girls Club of Chula Vista. Reverend William M. Marrs, 3738 Holiday Court, Chula Vista. Melissa Payne, 1029 Fourth Avenue No. I, Chula Vista. Jennifer Kalaher, 1029 Fourth Avenue, Chula Vista. Bernard Miller, 1029 Fourth Avenue No.7, Chula Vista. /1- I Minutes March 11, 1997 Page 6 Lourdes Aranda, 750 Fifth Avenue, Chula Vista. Kim Arellanos, 222 "W Street, Chula Vista. Lindsey Osteen, 531 Wykes Street, Chula Vista. Barbara Roche', no address given. Emerald Randolf, Post Office Box 17, JamuI. Marva Mayes, 370 "K" Street No. 21, Chula Vista. . The following persons did not speak but indicated they were in favor of staff's recommendation to keep the "L" Street Boys and Girls Club open: Dorene L. Braqiel, 713 Anza Way, Chula Vista. Suzanne Collins, 479 Nickmon Street, Chula Vista. Jordan Goll, 448 "L" Street, Chula Vista. Jewell Hayes, 1067 Fourth Avenue No. 702, Chula Vista. Patrick Kidd, 773 Cedar Avenue, Chula Vista. Elsa Luna, no address given. Eloisa Mosher, 909 Loma View, Chula Vista. Jennifer Mosher, 909 Loma View, Chula Vista. Mary Villa, 448 "L" Street No. B, Chula Vista. . W. Scott Mosier, 909 Loma View, Chula Vista, Executive Director of the Boys and Girls Club of Chula Vista, reported that the Boys and Girls Club serves an important need to the community that is not served by any other agency. Last year the Club served over 4,800 children in the Chula Vista area. The fact the Club is not a fee-based program means the programs can only exist from the support generated within the community. The Club bas worked to increase community contributions, special event fundraising, and grants but have been unable to compensate for a loss of funding. The Club has a short-fall of $80,000 which is needed to maintain all of its services, and the Club has approximately $25,000 to $28,000 in reserves. The only way to significantly cut expenses is to downsize services by closing one of the facilities. The Club supports utilizing unspent community block grant funds to help the Club's needs. He felt the non-financial support listed as Option 5 in the staff report would be valuable and requested the City actively support and endorse the Club's solicitation of funding from local businesses and community groups. The Club requests the City to consider funding $50,000 in available community block grant funds, with additional monies from whatever source is found even if it is in the form of a long-term loan. If the Club receives these needed funds, it would ensure services at the facility until the end of fiscal year 6/30/97 and would provide a window of opportunity for the Club to continue working with City staff, the Chamber of Commerce, and parents in the community to build a foundation of support for subsequent years. He also asked Council to consider the feasibility of Option 2 regarding transit advertisement and advised that.although this is a long-term solution to the problem, it could help provide a basis for youth services in the community. . Henri Harb, 730 "J" Street, Chula Vista, owner of Mr. V's Pizza, offered a fundraiser for the Boys and Girls Club at Mr. V's Pizza for a period of one year. Every Tuesday the Boys and Girls Club could sell $6 tickets for a spaghetti dinner at Mr. V's Pizza. If the Club sells 70 tickets per week. it will raise $20,000 for its needs. She asked parents to help sell tickets and challenged all of the small businesses in the area to help the Boys and Girls Club. Mayor Horton thanked the public for sharing their concerns regarding the Boys and Girls Club's financial situation. She stated tbere is nothing more important to this community than providing a healthy and positive environment for our children. She indicated she would raise another $5,000 for the Boys and Girls Club through its upcoming auction. Council member Padilla requested staff provide a more detailed report regarding this item. He advised that he would provide input to staff regarding what he would like to see in the report. A-~ Minutes March ll, 1997 Page 7 Councilmember Salas felt Council did not have enough information at this time to reach a long-term decision but emphasized her commitment to see the Boys and Girls Club remain open. She presented a check for $1,000 to the Boys and Girls Club and pledged to raise another $1,000. Councilmember Rindone commented that the Boys and Girls Club has been a positive experience for his family and felt Council should support staffs recommendation. When the water park and amphitheater are built, they will focus on youth, and in both of those projects, there is a ticket tax as a portion of the fees. He suggested looking at the ticket tax to see what the estimated amounts would be, to possibly call it a youth tax, and to designate funds for these types of purposes. Hè also suggested the City match funds received from fundraisers. He felt there was a need for an audit of the Boys and Girls Club financial records in order for staff to review what would be long- term recommendations and fundraising efforts. He added there are many holes in the median dividers on 'L' Street which needed immediate repair. M (RINDONE) TO PROVIDE AN INTERIM SOLUTION AND DIRECT STAFF TO LOOK AT THE IDEAS SUGGESTED AND TO RETURN IN A TIMELY MANNER WITH A REPORT AND TO NOTIFY THE BOYS AND GIRLS CLUB SO TillS ITEM CAN BE NOTICED. Councilmember Moot agreed there is a need to act now, because it is important for the City to work in partnership with the community to show its commitment. He preferred seeing the City pledge the donation indicated in the staff report as a matching fund between now and a specific date, and suggested the City match up to $30,000 for every dollar raised for the Boys and Girls Club; there is also a need to get the community involved to meet the City's pledge. He also suggested contacting the three Indian tribes in San Diego County to see if they would participate with the City in a program to match up to $10,000 from each Indian tribe for every dollar donated. One of the biggest funding shortfalls the Club has experienced is the loss in bingo revenue because the Club is unable to offer the same prizes available at the Indian reservations. Councilmember Padilla indicated he could support the recommendation but felt it was important that Council receive more information regarding this matter. He liked the idea of matching funds but reminded Council the amount currently available was $11,270. He requested staff return with more information from the Boys and Girls Club Board of Directors in terms of the pattern, history, problems, and the City's role in the future. He also encouraged staff to return with information regarding the amount of unexpended community development block grant funds and the patterns of past years. RESOLUTION 18599, AS AMENDED TO CHANGE THE APPROPRIATED AMOUNT TO $11,270, OFFERED BY COUNCILMEMBER PADILLA, reading of the text was waived and title read. Councilmember Moot indicated he could not support allocating only $ll,270 to the Club. Councilmember Rindone wanted to know why the United Way dropped their funding from $88,700 in 1992 to only $14,000 this year. He expressed concern regarding an interest-free loan because a $250,000 interest-free loan is already due in 1999 from the Boys and Girls Club. He requested staff provide Council with an in-depth report within six weeks with a recommendation for a long-term solution. AMENDMENT TO MOTION: (RINDONE/PADILLA) TO AMEND RESOLUTION 18599 AND DIRECT STAFF TO APPROPRIATE UP TO A MAXIMUM OF $25,000 TO BE MATCHED ON OR BEFORE 6/1197, AND THE CITY'S $25,000 WOULD COME FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS wmCH HAVE BEEN IDENTIFIED AS APPROXIMA TEL Y $11,270 ALONG WITH ANY OTHER ADMINISTRATIVE FUNDS wmCH CAN LEGALLY BE USED TO ADD TO THAT AMOUNT; IF THERE IS A SHORTFALL IN THE AMOUNT, THE DIFFERENCE IS TO BE MADE UP BY THE UNAPPROPRIATED RESERVE FUNDS, ,A-3 Minutes March 11. 1997 Page 8 Mayor Horton understood the situation regarding the decrease in bingo revenue but indicated there were other ways to enhance the ongoing activities to raise revenue. She hoped the Board would take a closer look at the internal management of the organization because an important component is to provide a long-term solution to the problem. She indicated she would be making a donation to the Club and would also assist with its fundraisers. VOTE: Passed and approved unanimously 5-0. ITEMS PULLED FROM THE CONSENT CALENDAR (Items 6 - The minutes will reflect the published agenda order.) ---Meeting recessed at 8:39 p.m. and reconvened at 9:45 p.m. --- OTHER BUSINESS 12. CITY MANAGER'S REPORTlS) a. Scheduling of meetings. lohn Goss, City Manager, advised Council that the meeting scheduled for 4/9/97 with the Southwestern College Board is cancelled. The Southwestern College Board prefers to have a joint meeting with the City Council and the other two school districts which will be scheduled at a future date. Councilmember Rindone suggested changing the time ofthe workshop scheduled for 3/27/97 to begin at 6:30 p.m. due to the Chamber of Commerce's annual trade show scheduled on this day. Council concurred. b. Department Head presentation: Parks. Recreation and Ooen Soace less Valenzuela, Director of Parks, Recreation and Open Space, presented the Department's goals and objectives. Councilmember Salas asked how many existing parks were on-line for rehabilitation of its playground equipment, and how does staff prioritize what park is to be worked on first. Mr. Valenzuela identified five parks for rehabilitation but advised there is currently funding for approximately three parks this fiscal year. The criteria used for prioritizing which park is to be worked on first is public safety. Councilmember Moot stated his goal for the budget session is not to have any more cuts for the Parks and Recreation Department and to try to restore money back into the program. Councilmember Rindonerequested staff look into the open recreation programs for the middle schools during budget time. Plannin2 Deoartment Robert Leiter, Director of Planning, presented the Department's goals and objectives. /1-9 AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF BOYS & GIRLS CLUB OF CHULA VISTA IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this May 20,1997, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herin, a municipal corporation of the State of California, and Boys & Girls Club of Chula Vista, a non-profit organization ("Grantee"), and is made with reference to the following facts: RECIIALS WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee; and, WHEREAS, HUD requires the execution of a written agreement setting the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herin expressed, the parties hereto agree as follows: 1. Term of A~reement. The term of this agreement shall be in effect from May 20, 1997 to June 30, 1997. 2. Low Income Requirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 51 % of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 3. Con¡pensation and Bud~et. The Grantee agrees to expend City- appropriated funds to meet bona fide obligations incurred for Boys & Girls Club, and the City shall compensate Grantee for said services up to a maximum of $11,000 (Eleven thousand A-S" dollars). Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, have the option to terminate this Agreement and, in doing so, terminate funding to the Grantee. 4. Reimbursement P1\Yments. Payment of those City appropriated funds shall be made to Grantee following receipt of the "CDBG Expense Reimbursement Claim Form" from the Grantee. Expenses itemized on the "Expense Reimbursement Claim Form" shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach xeroxed copies of all source documentation, such as receipts, bills, time sheets, etc. as shall provide reasonable proof of actual expenses incurred. Reimbursement Claim Forms will not be processed unless accompanied by the required documentation. Spreadsheet formats are not acceptable. 5. ~. The Grantee shall provide the City with a report, submitted no later than 40 days after the fiscal year, which includes a narrative of the services provided and an itemized accounting of the expenditures of CDBG funds. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) (b) (c) (d) (e) (f) (g) the total number of persons/households served; the number of persons/households receiving each type of service provided; of the persons/households served, the number of residents and non- residents of Chula Vista; annual gross household income by standard categories, adjusted for family size (low, moderate, other); race or et1micity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); number of female-headed households served; narrative of contract objectives (in Agreement) comparing current objectives vs. original objectives in Agreement. Provide explanation if not meeting original objectives. 6. Assi~mnent. The services of Boys & Girls Club of Chula Vista are personal to that organization. The Performance of this Agreement may not, by sub-agreement, be assigned to any other entity without prior written consent of the City. 7. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this Agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program 2 /1- (. audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 8. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters of this Agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Uniform Administrative Req¡1Îrements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" . 10. Other Pro~ram Re<wirements. The Grantee shall carry out each activity specified under this Agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. II. Accountin~ Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations". The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 12. Pro~ram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by grantee for the services funded under this Agreement. All provisions of this Agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 13. Conditions for Reli~ious Or~anizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.2oo(j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. 3 /1-1 14. Dru~-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 15. Lobbyin~ of Federal Officials. The Grantee shall not use any funds provided under this Agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Fonn-LLL, "Disclosure Fonn to Report Lobbying", in accordance with its instructions. 16. ~. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to commencement of the services required under this Agreement the following certificates of insurance to the City: a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 17. Hold Harmless. Grantee shall defend, indemnify and hold hannless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limited attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connections with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Grantee indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 18. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or Grantee's inability to perfonn, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 4 /I-V 19. AL!Teement Modification. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by the parties hereto. 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this Agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this day of , 1997. CITY OF CHULA VISTA ATTEST: BY: Shirley Horton Mayor, City of Chula Vista City Clerk APPROVED AS TO FORM BY: John Kaheny City Attorney BOYS & GIRLS CLUB OF CHULA VISTA BY: 5 ,/1- 9 BOYS & GIRLS CLUB OF CHULA VISTA BE A HERO, BE A PARTNER A CASE FOR SUPPORT A PARTNERSHIP BETWEEN THE BOYS & GIRLS CLUB OF CHULA VISTA AND THE CITY OF CHULA VISTA The Boys & Girls Club of Chula Vista very much appreciates the support and the partnership with the City of Chula Vista throughout the years. Together we have made a significant difference in the lives of tens of thousands of youth throughout our community. For this reason, we believe that enhancing that partnership will help see us through our current financial challenges and ensure that there will be a safe, positive place for kids to go for years to come. This proposal presents the Club's request to the City, provides answers to questions received from City staff, includes background information about the Club and our current situation, and provides the addendum information requested. Working hand in hand to ensure the provision of quality youth development services for the children and teens of our community. /1-10 PARTNERSHIP PROPOSAL The Boys & Girls Club of Chula Vista respectfully requests consideration of the following items: 1. The provision of a matching challenge grant in the amount of $40,000. ($25,000 previously approved to be matched by June 1, 1997 and an additional $15,000 to be matched by June 3~, 1997.) 2. The provision of other non-financial City support in the form of the advocacy and endorsement of the Boys & Girls Club's programs encouraging businesses and individuals to invest in the Club. 3. Review the feasibility of transit advertising as a means of financial support for the Boys & Girls Club and other youth serving organizations. 4. Review the feasibility of the designation of a "youth tax" from tax revenues to be collected from businesses such as Whitewater Canyon Water Park and the MCA Amphitheater to be used to help support the Boys & Girls Club and other youth serving organizations. (These would be taxes that have already been established, not adding addition taxes to these businesses.) 5. The provision of funding for the Club in the amount of $25,000 for the next two years to cover maintenance and utility costs for the L Street Center. As a city building, such funding would provide a foundation of support to help maintain services at that Center and help us to leverage the additional funds needed. This amount is the approximate cost currently that the Club is reimbursing the City and the Sweetwater Union High School District for utilities and maintenance for that Center. In consideration of the City's investment in the above items, the Boys & Girls Club would provide a comprehensive youth development program for the children and teens in the area serving youth predominantly from low- income families culturally reflective of the area to be served. /1- II BOYS & GIRLS CLUB OF CHULA VISTA SUPPORTING MATERIALS TABLE OF CONTENTS CITY REQUEST OF INFORMATION 1 ORGANIZATIONAL INFORMATION 3 FINANCIAL INFORMATION 7 Current Financial Condition Budget for FY 97 Expenditures from Reserve Funds Summary of Fundraising Efforts New Fundraising Strategies Financial Audits 7 9 12 13 14 16 REDUCTION IN BINGO REVENUES 47 REDUCTION IN UNITED WAY FUNDS 50 United Way Allocations Letter from the President of United Way Funding Agreements Current Funding Proposal 51 52 53 98 COMMONLY ASKED QUESTIONS 160 AGENCY DESCRIPTION 168 /I - I ;J... CITY REQUEST ~~~ =--~::: ~-::-..;;:: CIlY OF CHULA VISTA PARKS AND RECREATION DEPARTMENT March 31, 1997 Scott Mosher, Director Chula Vista Boys and Girls Club 1301 Oleander Avenue Chula Vista, CA 91911 Dear Scott, As you are aware, the City of Chula Vista City Council directed the Department to send your Board of Directors a letter requesting data soliciting infonnation that will provide them with better iilsight into the Club's financial condition. We are anticipating that the report will be projected for Council consideration at their April 22nd meeting. Since CDBG Funds were recommended as a funding source, the Community Development Department has been assigned as the lead department in preparing this report. In order to facilitate the submittal time frames of the City Council agenda process, information must be received no later than April 4, 1997. The infonnation requested from the Club is as follows: 1. A formal proposal from the Boys and Girls Club Board of Directors regarding any financial assistance requests of the City of Chula Vista. The proposal should contain: a. Current fiscal year funding needs. b. Future fiscal year funding needs. c. What the funds will be used for in each fiscal year (current and future). 2. In addition, certain financial information has been requested by the Council in order to understand the Club's financial picture. The types of information that would be useful are: a. The level of funding the Club has received from the United Way for 1995, 1996, and 1997. b. Copies of the Club's application for funding to the United Way for 1995, 1996, and 1997. lH'homolpuia-,"......."'" - Sooo.l'1 -1- /I -/4 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 919tO . (619) 691-5071 @..._-- C. Copies of the Club's audits and financial statement for the last three years (1994, 1995, and 1996). d. A list of expenditures from the Club's reserve fund for 1995, 1996, and 1997. e. A list of total fund raising efforts which would include types of events, dates, and revenues received from each category of fundraising. 3. A summary of new fundraising strategies that the Board of Directors is proposing to help the Club retain its financial stability. . It is understandable that you and your staff will b.e asked by the Board to prepare this infonnation, and also notice your patrons of the scheduled Council meeting. - . If you have any questions, please contact Lyle Haynes, Assistant to the Community Development Director, at 691-5120 or Sunny Shy, Deputy Director of Recreation, at 691-5071. c¡::: . ~ Jess Valenzuela Director of Parks, Recreation and Open Space cc: George Krempl, Deputy City Manager Chris Salomone, Director of Community Development (lthom.\p""'="""""""'" - ""~l'J -2- - A-/:j CITY OF CHULA VISTA ORGANIZATIONAL INFORMATION BOYS & GIRLS CLUB OF CHULA VISTA OUR MISSION To provide positive activities and opportunities to develop the health, self- esteem, and character of the youth of our community enabling them to reach their full potential. OUR HISTORY The Boys & Girls Club of Chula Vista has been serving the youth of our community for forty years. In 1957 the Boys Club opened it doors on 5th and I Street, and in 1964 the Girls Club was established. After many years of operating separately, the two organization!¡ worked together on a capital campaign to build a new center intended to be a Boys Club on one side, a Girls Club on the other side, with an adjoining gymnasium. As this new center located at 1301 Oleander Avenue came close to completion, the two organizations merged in 1987 to become the Boys & Girls Club of Chula Vista. As a result of Homart Development's renovation and expansion of the Chula Vista Center, the old Boys Club on 5th and I Street was demolished to accommodate the shopping center project. Homart paid the City approximately $1,250,000 in consideration for the demolition and expansion. The City earmarked that money for a future youth center. In late 1987, the Club was using the old Girls Club building on 350 L Street to provide services to the children in that neighborhood. The facility was inadequate because of its age and its size to accommodate the needs of the children in that area. Through the leadership of the City Council, a new youth center was constructed on the grounds of Chula Vista High School at a cost to the City of approximately $1,800,000. The building, which was completed in late 1991, is owned by the City and is on school district property. The Boys & Girls Club entered into a joint use agreement with the City and Sweetwater Union High School District which allowed the Club to utilize the building certain hours during the week to provide youth programs at the new center. This enabled the Club to expand its programs and serve the needs of many more youth, as well as to expand services for more teens. Today, through the support of the community, the Boys & Girls Club is The Positive Place For Kids for over 5,000 young people throughout Chula Vista. -3- ,/I-I" THE BOYS & GIRLS CLUB TODAY The need for the Boys & Girls Club of Chula Vista has never been greater or more urgent. Increased use of tobacco, alcohol, and drugs, increased youth violence, and increasing rates of teens pregnancies are among some of the issues our kids face every day right here in our community. The Boys & Girls Club provides a 'safe haven" for our youth, where they can learn, where they can grow, and where they can have fun. Programs at the Club are designed to prepare our kids for responsible-adulthood while allowing them to 'still be kids". They help our young people to gain self-confidence, to pursue education, to develop sound minds and bodies, and to prepare them for successful careers. Our strategy is to empower them with a sense of competence, a sense of usefulness, a sense of belonging, and a sense that they have the power to overcome whatever barriers may try to prevent them from leading productive lives. The overall Boys & Girls Club program is divided up into six Core Service Areas: - Personal & Educational Development . Citizenship & Leadership Development . Cultural Enrichment . Health & Physical Education . Social Recreation . Outdoor & Environmental Education Guidance-oriented activities are provided in each of these core service areas based upon the needs and interests of our members, recognizing developmental principles, to provide a fun, diversified program. Membership fees are intentionally kept low to enable any child or teen to belong. The membership fee for the year is $20, however, no child is ever turned away because of inability to pay. The Boys & Girls Club is a private, non-profit 501c(3) organization which is governed by a volunteer Board of Directors. The Club operates primarily from the support of the local community. We take great pride in the fact that 88% of every dollar spent goes directly into programs and services for kids. Only 6.6% of the funds are used for management and only 5.4% are used for fundraising expenses. -4- /1-/7 Our revenues come from the following sources: . Program Services . United Way . Membership . Special Events . Contributions . Grants . Bingo . Miscellaneous 2% 3% 6% 10% 15% 23% 36% 5% (These figures are based on our after school programs and do not include our Small Wonders Preschool, Funshine Program,. or Counseling Program, which are all self-supporting programs.) As you can see, our contributions, special fundraising events, and bingo, which are all funds that are generated in our community, make up 61 % of our revenues. A CRITICAL CHALLENGE In years past the Boys & Girls Club of Chura Vista has had less reliance on annual fundraising activities because of significant support from the United Way and substantial income from bingo. As recent as 1992, we received $88,700 from the United Way. This compares to this year's allocation of $14,442. Even more challenging is the decrease in bingo revenues due primarily to the increased gaming on the local Indian reservations. While in 1993, bingo grossed $380,575, this year we are projecting to gross about $180,000. This totals nearly $275,000 in lost revenue. While we have increased revenues in other areas, it has been very difficult to compensate for such decreases. To sustain program services at their current level, this funding gap must be closed through intensified community fund raising. Failing this, we would be forced to curtail vital programs at a time when the demand has never been greater or more urgent. WHAT HAS BEEN DONE SO FAR? Our Board of Directors carefully monitors our finances on a regular basis. They have responded in a variety of ways to address the short fall in funding. While funding has been a major concern, the top priority has been to maintain program services for our kids. -5- /I-I g Strategies over the past two years have included cutting all non-essential expenses, deferring capital improvement needs, freezing salary increases, and deferring equipment purchases. This has been coupled with efforts to increase revenues, especially in the areas of contributions, special events, and grants. We have had some success in these areas, but not to the level to compensate for the vast decreases. We expanded our special events which included increasing the success of our auction, initiating a golf tournament, partnering with businesses to hold fundraisers for us like the DiCerchio's Cut-A-Thon. Corporate and foundation grants have been written which have provided funds for various programs. We have collaborated with the Parks & Recreation Department and other youth organizations to develop grant opportunities, such as the Tobacco Education Grant. In addition to all of this, we have used funds from our reserves to pay for the shortfalls so that program services could be maintained. At the start of this fiscal year, our Board of Directors indicated that we could no longer afford to operate in a deficit situation. If we were not able to generate the financial resources necessary, we would need to be financially prudent and consider "downsizing" our services. This could mean closing our L Street Center. A plan was developed to increase our revenues in a number of ways. In May the Board increased membership fees 33% from $15.00 a year to $20.00 a year. The Board also adopted a plan to conduct a current support campaign with a goal of $75,000. Additionally, strategies were put in place to increase revenues from the Cut-A-Thon, Golf Tournament, and Auction. If our plans were successful, we would have stabilized our financial position. The Board set - November as the date to benchmark our progress. If we were not successful in our efforts, we would need to look more closely at possibly closing our L Street Center. . In November, there were two major areas of concern. One, there were further decreases in our bingo revenues. Two, we had not generated the revenues needed in the current support campaign. Many people were still working on the campaign, so the decision to consider closing the L Street Center was deferred to the January Board meeting. At the November Parent's Meeting at the L Street Center, our financial challenges were discussed and it was indicated that if we were not able to generate adequate revenues, we may need to consider closing the Center. -6- /1-/9 FINANCIAL INFORMATION . BOYS & GIRLS CLUB OF CHULA VISTA FINANCIAL CONDITION The Boys & Girls Club financial as of 02128/97 is attached showing actual revenue and expenses for the month of February and six additional columns. Column (1) is the Actual Year to Date of revenue and expenses. Column (2) is the actual revenue and expense for the remaining four months of FY 96. This column is to help provide a year end projection of revenues and expenditures. Column (3) are adjustments made to the projections based upon current year trends and information. Column (4) is the sum of columns 1-3 providing a year end financial projection. Column (5) is the budget for the current year. Column (6) is the variance between the budget and the projection. The following is a brief explanation of the variances shown in column (3). Annual Giving - This is the amount not realized this fiscal year YS. last fiscal year. Special Events - This projects a growth in this year's auction. Small Wonders - This is based on increased enrollment. Small Wonders Kinder - This is based on some children transitioning from this - program into the regular Club program. Interest Income - This is due to the decrease in reserves to earn interest from. United Way - This reflects the reduction in this year's allocation for the remainder of the year. Grants - This reflects a decrease in grant funding. Some additional proposals are being written, though the thrust of our efforts are toward the matching challenge grant. Other Income - This is additional income not realized in the last fiscal year from a new facility rental agreement with a church. As stated on the financial report, the Club is projecting a shortfall of $79,941. The City Matching Challenge Grant is helping to reduce this shortfall and, based on the approval of this proposal, should eliminate it altogether. -7- A-~O 'Ys & Gins Club AS of 02/28/97 (1) (2) (3) (4) (5) (6) Budget Feb Actual Marl Abovel (Below) Estimated Actual YTD 97 Jun-96 Actual 96 '97 Budget 97 Variance REVENUE Contributions 390 15,333 709 16,042 13,000 (3,042) Annual Giving 558 5,516 11,468 (10,235) 6,749 36,420 29,671 Special Events 595 13,934 26,851 6,000 46,785 48,000 1,215 Memberships 787 19,384 8,193 27,577 27,000 (577) Funshine Oleander 3,682 66,779 29,305 96,084 105,000 8,916 Funshine L Street 13,076 5,799 18,875 23,000 4,125 Small Wonders 13,998 101,290 42,861 10,000 154,152 160,000 5,848 Small Wonders Kinder 4,859 50,885 27,021 (2,500) 75,406 75,000 (406) Program Income 559 16,308 3,593 19,902 10,000 (9,902) Interest Income 0 346 4,812 (4,700) 458 780 322 United Way - 9,027 16,824 (11,409) 14,442 15,336 894 I United Way Designated 62 12,488 6,178 18,666 20,000 1,334 co Grants 11,836 93,953 102,732 (29,760) 166,926 210,000 43,074 I ~ Bingo 12,000 73,819 49,250 123,069 175,000 51,931 Other income 7,470 32,507 2,955 12,000 47,462 24,000 (23,462) " TOTAL INCOME 56,796 524,646 338,551 (30,604) ßJ1J5¡~gz 942,536 67,339 ~ - 832,595 - EXPENSES Personnel 45,036 357,675 190,929 548,603 593,300 44,697 ERE 5,624 56,878 51,440 108,318 112,082 3,764 Prof & Outside Services 2,000 3,750 39,957 43,707 42,432 (1,275) Transportation 361 14,709 5,251 19,960 15,373 (4,587) Staff Travel 200 2,578 3,613 6,190 5,010 (1,180) Space 2,023 39,360 45,670 85,030 82,886 (2,144) Equipment 847 5,035 4,370 9,405 7,239 (2,166) Material & Supplies 437 17,360 17,370 34,729 31,921 (2,808) Operating Services 3,507 31,050 25,541 56,591 52,293 (4,298) TOTAL OPERATING EXPENSE 60,035 528,394 384,140 $ - 912,534 942,536 30,002 - REVENUE I (LOSS) (3,240) (3,749) (45,588) (30,604) (79,941) 0 79,941 BOYS & GIRLS CLUB OF CHULA VISTA BUDGET FOR FY 97 Attached is our budget for the current operating year. This shows projected revenues for the year and their source. It also ~hows projected expenses broken down by program. Expenses for the L Street Center are contained in the L Street Afterschool Program, the Teen Program, and the L Street Funshine Program. This budget gives a breakdown by line item as to how the funds generated are used. Regarding our revenues, each year this budget is developed based upon what we have experienced in previous years as well as new efforts to be undertaken in the new fiscal year. Unlike other fee based programs, the majority of our income comes from contributions and fundraising activities to take place throughout the coming year. Unexpected decreases in revenues like in bingo and unrealized fundraising revenue must either be made up in other ways or expenses must be decreased accordingly. This is why we say that our programs are dependent upon the level of community support each year. Because we are serving kids who do not have the same opportunities as others and because the majority of kids we serve are from low income families, our membership fees are intentionally kept as low as possible to enable all kids to attend. No child is ever turned away because of inability to pay the membership fee. Once again, because such a small percentage of funds come from program fees, our core programs are provided as a result of community support in - contributions and fundraising activities. -9- ,A-~~ BOYS & GIRLS CLUB OF CHULA VISTA FY 96-97 BUDGET REVENUES CONTRIBUTIONS $ 13,000 ANNUAL GIVING 36,420 SPECIAL EVENTS 48,000 MEMBERSHIP 27,000 SMALL WONDERS 160,000 SMALL WONDERS KINDER 75,000 FUNSHINE - OLEANDER 105,000 FUNSHINE - L STREET 23,000 PROGRAM INCOME 10,000 INTEREST INCOME 780 UNITED WAY 15,336 UNITED WAY - DESIGNATED 20,000 GRANTS 210,000 BINGO 175,000 OTHER INCOME 24,000 GRAND TOTAL $ 942,536 -10- A-;J..3 BUDGET SUMMARY AGENCY NAME: FOR PERIOD: BOYS & GIRLS CLUB OF CHULA VISTA 7/1/96 TO 6/30/97 Management I Fundraising I Oleander LStreet Teen I Small I Funshlne I Funshlne I Special I Counseling Program Wonders Oleander L Street Activities TOTAL ~ , ~ ..c:.. BOYS & GIRLS CLUB OF CHULA VISTA EXPENDITURES FROM RESERVE FUNDS 07/24/95 $36,838.19 03/07/96 $30,000,00 07/10/96 $45,000.00 All expenditures from the reserve fund were used to pay current obligations. Such expenditures were made due to budget shortfalls, though withdrawal dates were based on cash flow needs and Board approval. -12- A-:lS- BOYS & GIRLS CLUB OF CHULA VISTA SUMMARY OF FUNDRAISINGEFFORTS SPECIAL EVENTS 09/12/96 CUT-A-THON $ 2,739 $ 3,000 11/07-10/96 CARNIVAL 01/13/97 GOLF TOURNAMENT $13,467 05/02/97 AUCTION $30,000 (anticipated) CURRENT SUPPORT CAMPAIGN 10/01/96 - Present $ 6,749 (current efforts are linked with the matching challenge grant) MATCHING CHALLENGE GRANT 03/11/97 - Present $15,110 BINGO 07/01/96 - Present $99,610 (Includes three special promotional games) -13- /1- ;J.fø BOYS & GIRLS CLUB OF CHULA VISTA FUTURE FUNDING NEEDS/FUNDRAISING STRATEGIES Due to the fact that the Boys & Girls Club is not a fee-based program, and because of the population of youth we serve, the Club will always have funding needs. The Club will always need the support of our community to provide the scope of youth development services that we do. The amount of such need is determined each year through our budget process. The Club's budget process will begin the end of April and will end with the adoption of the budget at the June Board of Directors meeting. While we do not currently know the extent of our funding needs for the next fiscal year, we do know that we will experience an increase in expenditures. Such increases will be primarily due to increases in minimum wage effective September 1, 1997 and March 1, 1998, as well as increased supply and equipment needs. The Boys & Girls Club has been exploring a number of new fundraising strategies that would bring in new dollars for the next fiscal year. Among them are the following: . Increased Revenue from Building Rental - This year we increased our rental income considerably by establishing a rental agreement with a local church. Because they didn't begin using our facility until mid-October, and because they would like to increase their current usage, we anticipate increased revenues in the amount of $20,000 over and above the amount received this year. .! Fundraising Activity With White Water Canyon Water Park - White Water Canyon has indicated that they want to support the Club in our fundraising efforts on an annual basis. While the details of such support are currently being worked on, it is anticipated that we could realize between $15,000 - $30,000. . Fundraising Activity With MCA Amphitheater - The Amphitheater has also indicated they would like to support the Club through some type of fundraising activity. Since their opening was delayed until the Spring of 1998, details have yet to be developed. -14- A - 2.. 1 . Cars for Kids - We are starting a program where individuals can donate their cars to the Club in order to receive full market value as a write-off. The Club then auctions the vehicles through a professional auctioneer and receives the proceeds from the sale. This is coordinated by a professional experienced in administering such a program. Projected revenues of such a program for the first year are about $5,000. . Mr. V's Spaghetti Fundraiser - Mr. Vs Pizza has agreed to donate 70 spaghetti dinners each week for the next year. The Club sells 70 tickets for $6.00 each and retains 100% of the money. This fund raiser started the last quarter of this fiscal year and will continue through the first three quarters of FY 98. Revenues to be realized for the next "fiscal year range between $8,000 - $16,000. . Script Program - We will be initiating a Script program for the next fiscal year, selling script for grocery shopping and department store shopping. We project to generate between $5,000 - $10,000 during FY 98. . Increase Membership Fees - Membership fees are discussed annually as part of the budget process. Should the Board decide to increase the membership fee by $5.00 a year, we would realize an additional $6,000 for next year. . Enhance Current Support Campaign - Cultivate current donors to renew their commitments for FY 98. Identify, cultivate, and contact additional prospective donors. Increase volunteer base to be involved with the campaign. While it is somewhat difficult to project how many new dollars would be generated, implementing the above will increase our Current Support Campaign. . City of Chula Vista - As requested in this proposal, we are asking the City to invest in the Club by allocating $25,000 to fund the maintenance and utility costs of the L Street Center. This will provide a foundation for new funding for the Center and help enable us to leverage other funds to support the Club. . Board Development - Though not a direct fundraising activity, the identification, recruitment, and orientation of new Board members is a critical process that will have a positive impact on our ability to raise more funds. There are additional ideas being discussed including smaller fundraisers conducted by our parents and volunteers, as well as working with other organizations to raise funds for us. -15- /I-~' BOYS & GIRLS CLUB OF CHULA VISTA FINANCIAL AUDITS Attached are copies of Independent Financial Audits conducted for the Boys & Girls Club for the past three years. These audits have been conducted by West, Turnquist, and Schmitt, an accountancy' corporation located in San Diego which specializes in audits of non- profit organizations. -16- /!-Â.C} BOYS & GIRLS CLUB OF CHULA VISTA FINANCIAL REPORT JUNE 30, 1996 11-3..0 INDEPENDENT AUDITOR'S REPORT ON THE FINANCIAL STATEMENTS FINANCIAL STATEMENTS Statement of financial position Statement of activities Statement of cash flows Statement of functional expenses Notes to financial statements CONTENTS Paqe 2 3 4 5 6-9 /1-.3 , J \\TEST ! TURNQUIST i & SCHMID INDEPENDENT AUDITOR'S REPORT ACCOUNTANCY CORPORATION 2550 Fiftb Avenue, TentbRoor San Diego, CA 92103.6625 (619) 234-6775 Fa.T (619) 696-6581 To the Board of Directors Boys & Girls Club of Chula Vista Chula Vista, California We have audited the accompanying statement of financial position of Boys & Girls Club of Chula Vista as of June 30, 1996, and the related statements of activities, cash flows, and functional expenses for the year then ended. These financial statements are the responsibility of the Club's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In oLir opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Boys & Girls Club of Chula Vista as of June 30, 1996, and the changes in its net assets and its cash flows for the year then ended in conformity with generally accepted accounting principles. ~tV~ Edward W. Kitrosser, C.P.A. for WEST, TURNQUIST & SCHMITT San Diego, California December 18,1996 /1- .!J~ JAMES H. WEST. c.P.A. Wll.IJAM H. 'I1JRNQUIST, c.P.A. CHARLES P. sæ~tITT, C.P.A. EDWARD W. KlTROSSER, C.P.A. MARK E. McMAHON, C.P.A. "'ember of r.<G tntmwttom,t u'/tt, offices In principal eill.. u'orldu'lde Affiliated u,itb tbe Amerkon tout/tute of c,n.s division affirms BOYS & GIRLS CLUB OF CHULA VISTA STATEMENT OF FINANCIAL POSITION June 30, 1996 Assets: Cash Receivables (Note 2) Prepaid expenses Marketable securities (Note 3) Property and equipment, net of . accumulated depreciation (Note 4) $ 2,223 60,183 1,161 69,041 1,135,507 Total assets $ .1,268,115 Liabilities: Accounts payable Accrued expenses Deferred revenue Long-term debt (Note 5) 48,827 22,995 104,504 145,496 Total liabilities 321,822 Commitments (Note 6) Net assets: Unrestricted Temporàrily restricted (Note 7) 931,851 14,442 Total net assets 946,293 Total liabilities and net assets $ 1,268,115 See Notes to Financial Statements. /1- ~.3 2 BOYS AND GIRLS CLUB OF CHULA VISTA STATEMENT OF ACTIVITIES Year Ended June 30,1996 Temporarily Unrestricted Restricted Total Support and revenue: Bingo revenue $ 180,527 $ $ 180,527 Bingo (expenses) (72,460) (72,460) 108,067 108,067 Program services fees 299,557 299,557 Grants and contracts 196,584 196,584 Special events 53,306 53,306 Contributions 48,284 48,284 United Way 21,075 14,442 - 35,517 Membership dues 23,525 23,525 Miscellaneous 21,230 21,230 Investment income 1,916 1,916 Realized gain on marketable securities 3,216 3,216 Unrealized gain on marketable securities 7,848 7,848 Net assets released from restrictions: Expiration of time restrictions (Note 8) 38,199 (38,199) Total support and revenue 822,807 (23,757) 799,050 Expenses: Program services 784,385 784,385 Supporting services: Management and general 59,612 59,612 Fundraising 48,326 48,326 Total supporting services 107,938 107,938 Special events 9,763 9,763 Total expenses 902,086 902,086 Decrease in net assets before cumulative effect of changes in accounting principles (79,279) (23,757) (103,036) Cumulative effect on prior year of change in method of accounting for contributions (Note 1) 38,199 38,199 Cumulative effect on prior year of change in Method of accounting for investments (Note 1) 16,727 16,727 Increase (decrease) in net assets (62,552) 14,442 (48,110) Net assets, July ~, 1995 994,403 994,403 Net assets, June 30, 1996 $ 931,851 $ 14,442 $ 946,293 See Notes to Financial Statements. A -~ c¡ 3 BOYS & GIRLS CLUB OF CHULA VISTA STATEMENT OF CASH FLOWS Year Ended June 30,1996 CASH FLOWS FROM OPERATING ACTIVITIES Change in net assets Adjustments to reconcile change in net assets to net cash (used in) operating activities: Cummulative effect of change in accounting principle Depreciation - Unrealized gain on securities Gain on sale of securities (Increase) decrease in operating assets: Receivables Prepaid expenses Increase (decrease) in operating liabilities: Accounts payable Accrued expenses (Decrease) in cash $ (48,110) (16,727) 63,357 (7,848) (3,216) (17,213) 3,566 (33,087) 1,880 (57,398) (14,691 ) 66,348 (775) 50,882 (6,516) Net cash (used in) operating activities CASH FLOWS FROM INVESTING ACTIVITIES Purchase of property and equipment Proceeds from sale of securities Purchases of securities Net cash provided by investing activities Cash: Beginning of year 8,739 End of year $ 2,223 A-.3S; 4 I ~ , ~ Personnel costs Employee-related costs ProfessIonal and '" outsIde servIces Travel Space costs EquIpment Materials and supplies Operating services Interest expense DeprecIation Oleander $ 140,865 ~ 170,674 1,323 2,494 38,134 2,072 10,329 18,981 244,007 5,585 ~ $ 281,139 - See Notes to .Flnanclal Statements. L Street $ 89,181 19,262 108,443 899 4,290 25,057 1,317 5,799 11,456 157,261 3,670 20,728 $ 181,659 BOYS & GIRLS CLUB OF CHULA VISTA STATEMENT OF FUNCTIONAL EXPENSES Year Ended June 30, 1996 Outreach $ 9,042 ~ 11,363 159 4,341 ~ 19,550 ~ Program Services Counseling $ 43,673 8,107 51,780 38,137 12 65 - 89,994 - ~ Day Care $ 138,239 27,898 166,137 794 4,750 10,170 1,178 13,368 5,744 202,141 1,489 ~ $ 212,043 Total Program Services $ 421,000 ~ 508,397 41,312 15,875 73,361 4,567 29,508 39,933 712,953 10,744 60,688 ~ Supp_ortlng ServIces Management and Fund- General raisIng $ 24,930 7,116 32,046 3,805 3,659 3,226 1,117 3,028 9,590 56,471 $ 472 2,669 59,612 $ 40,184 ~ 46,400 265 311 634 716 48,326 ~ Total Supporting Services Total $ 65,114 $ 486,114 13,332 100,729 78,446 586,843 4,070 3,970 3,226 1,117 3,662 10,306 104,797 45,382 19,845 76,587 5,684 33,170 50,239 817,750 472 11,216 2,669 63,357 $ 107,938 $ 892,323 BOYS & GIRLS CLUB OF CHULA VISTA NOTES TO FINANCIAL STATEMENTS 1. NATURE OF ORGANIZA nON AND SIGNIFICANT ACCOUNTING POLICIES Nature of Oraanization The Boys & Girls Club of Chula Vista (Club) is a public nonprofit organization dedicated to providing positive activities and Dpportunities to develop the health, self-esteem and character of the youth of the community, enabling them to reach their-fullest potential. Method of Accountina The financial statements of the Club have been prepared utilizing the accrual basis of accounting. Financial Statement Presentation For the year ended June 30, 1996, the Club adopted Statement of Financial AccDunting Standards (SFAS) No. 117, "Financial Statements of NDt-for-Profit Organizations." Under SFAS No. 117, the Club reports information regarding its financial position and activities according tD its two classes of net assets: unrestricted and temporarily restricted. In addition, the Club presents a statement of cash flows. As permitted by this new statement, the Club has discontinued its use of fund accounting and, accordingly, has reclassified its financial statements to present the twD classes of net assets. This reclassification had no effect on the change in net assets for the year ended June 30, 1996. Contributions The Club adopted SFAS No. 116, "Accounting for Contributions Received and Contributions Made". In accordance with SFAS No. 116, contributions received are recDrded as. unrestricted, temporarily restricted, or permanently restricted support depending on the existence of any donor restrictions. The Club reports gifts of cash and other assets as temporarily restricted support if they are received with stipulations that limit the use of the assets. When a restriction expires, that is, when a stipulated time restriction ends or purpose restriction is accomplished, temporarily restricted net assets are reclassified tD unrestricted net assets and reported in the statement of activities as net . assets released from restrictions. If the temporarily restricted support is received and expended in the same year it is recorded as unrestricted support. As permitted by SFAS No. 116, the Club has recognized the cumulative effect of the provisions of this new statement in its year ended June 3D, 1996 statement of activities. The cumulative effect adjustment increased temporarily restricted net assets by $38,199 representing contributions previously not recognized by the Club. A-.J 7 6 BOYS & GIRLS CLUB OF CHULA VISTA NOTES TO FINANCIAL STATEMENTS 1. NATURE OF ORGANIZA TION AND SIGNIFICANT ACCOUNTING POLICIES (Continued) Allocation of Expense Where appropriate, expenses are charged .to the programs or supporting services directly benefited by the cost. Costs that benefit multiple programs and supporting services are allocated on an equitable basis. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Property and Eauipment and Depreciation Method Property and equipment are recorded at cost, except for donated equipment which is recorded at its fair market value as of the date received. Depreciation is provided on the straight-line method over the estimated useful lives of the related assets. Marketable Securities For the year ended June 30, 1996, the Club adopted SFAS No. 124, "Accounting for Certain Investments Held by Not-for-Profit Organizations". In accordance with SFAS No. 124, investments are recorded at their fair value. . As permitted by SFAS No. 124, the Club has recognized the cumulative effect of the provisions of this new statement in its year ended June 30, 1996 statement of activities. The cumulative effect adjustment increased unrestricted net assets by $16,727 representing the increase in the value of investments when recorded at fair value. /I -.3 5'" 7 BOYS & GIRLS CLUB OF CHULA VISTA NOTES TO FINANCIAL STATEMENTS 2. RECEIVABLES Receivables consist of: 1996 -1997 United Way allocation Grants and other receivable $ 14,442 45.741 $ 60.183 3. MARKETABLE SECURITIES Marketable securities at June 30, 1996 consist of: Fair Value Fidelity Puritan Fund MDbil Corporation Stock $ 49,390 19.651 69,041 $ 4. PROPERTY AND EQUIPMENT Property and equipment are comprised of: Less accumulated depreciatiDn $1,528,498 150.491 1,678,989 543.482 $1,135,507 Buildings and improvements Furniture and equipment The Club leases the land at Oleander Avenue on which their facilities are located from the City of Chula Vista at an annual cost of one dollar. No amounts have been reflected in the financial statements inasmuch as no objective basis is available to measure its value. The lease runs through August 31,2018. . 5. LONG-TERM DEBT Long-term debt is an unsecured loan from the City of Chula Vista, payable in ten annual install- ments of $25,000, starting in February 1999. Interest has been imputed at 8 percent. A-.J19 8 BOYS & GIRLS CLUB OF CHULA VISTA NOTES TO FINANCIAL STATEMENTS 6. COMMITMENTS The Club leasès equipment under leases expiring thrDugh the year ending June 1998. The total minimum rental commitment under the leases is $3,283, which is due as follows: Years Endina June 30, Amount 1997 1998 $ 3,021 262 $ 3.283 Rental expense for the year ended June 30, 1996 was $5,172. 7. TEMPORARIL Y RESTRICTED NET ASSETS Temporarily restricted net assets are availablè for the fDllowing periods: 1996 -1997 United Way allocation $14.442 8. NET ASSETS RELEASED FROM RESTRICTIONS Net assets were released from restrictions from passage Df time: 1995:-1996 United Way allocation $38.199 9. INCOME TAX STATUS The Club, a California not-for-profit cDrporation, is exempt from income taxes under Section 501(c)(3) of the Internal Revenue Code and Section 23701(d) of the California Revenue and Taxation Code. ,A-t./o 9 r L [ r [ r I I I , ( t ,. l .l ~ ~ BOYS & GIRLS CLUB OF CHULA VISTA FINANCIAL REPORT JUNE 30,1995 /1-41 r r r r I' ,- t' I I 1 . . I . I t ~. -- CON TEN T S ~ INDEPENDENT AUDITORS' REPORT ON THE FINANCIAL STATEMENTS FINANCIAL STATEMENTS Balance sheet Statement of support, revenue and expenses and changes in fund balances Statement of functional expenses Notes to financial statements. 2 3 4 5 - 7 /1- 4;¿ r I~ ( ~~ I" ~ I ( i .' .' . . . . . . . . . . j \VEST ! TURNQUIST i & SCHMID ACCOUNfANCY CORPORATION 2550 Fifth Avenue, Tenth Floor San Diego, CA 92103,6625 (619) 234-6775 Fax (619) 696-6581 INDEPENDENT AUDITORS' REPORT To the Board of Directors Boys & Girls Club of Chula Vista San Diego, California We have audited the accompanying balance sheet of Boys & Girls Club of Chula Vista as of June 30, 1995, and the r~ated statements of support, revenue and expenses and changes in fund balances, and functional expenses for the year then ended, These financial statements are the responsibility of the Club's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financi~ position of Boys & Girls Club of Chula Vista as of June 3D, 1995, and the results of its operations for the year then ended in conformity with generally accepted accounting principles. ~~~ Edward W. Kitrosser, C.P.A. for WEST, TURNQUIST & SCHMITT San Diego, California November 13, 1995 A- t./3 }A.'tES H, w¡;,,'T, c.~A, WltllA.'IH, TUR.~QL1ST. c.PA CHARlES ~ sClt.'>tm, c.~A, EDWARD W. KI1l!OSSER, C,P.A, MARK E, Mdt'HON, C,PA ".mber of l<C t..,.mal/mwt u'ltb olfim ¡.. p,¡..dpo¡ eW" uwldu'ld. AllitJul.d u,ltb lb. Americu.. t..Stltul' of CI<,',s dMst.... of fl,ms --"-=-<.1",,.. ~ ~ ~-- ~ ~ -, ~, ~ - BOYS & GIRLS CLUB OF CHULA VISTA BALANCE SHEET June 30, 1995 (With Comparative Totals for June 3D, 1994) N AsSETS UNRESTRICTED FUND Cash Fiscal agent account Receivables (Note 2) Marketable securities (Note 3) ~prepaid expense , ~ '<... 1994 lW- (Note 8) $ 8,739 $ 73,582 0 1,887 42,969 41,686 106,824 111,475 4,J'U 4.278 . LIABILITIES AND FUND BALANCES UNRESTRICTED FUND Accounts payable Fiscal agent account Accrued expenses Fund balance, unrestricted: Designated for investment Designated for repayment of long-term debt Designated for capital, improvements Undesignated (deficit) $ 163.259 ~ 232.908 PROPERTY AND EQUIPMENT FUND PROPERTY AND EQUIPMENT FUND Property and equipment, net Deferred revenue of accumulated depreci- Long-term debt (Note,S) ation (Note 4) $1.184.173 $1.216,849 Fund balance $1.184.173 U.216.849 sèe Notes to Financial Statements, -. ~I :-::-:1 ::--:-J 1994 illL (Note 8) $ 81,914 $ 47,151 0 1,887 ...tl...lll 23.105 103.029 72.143 73,475 85,604 0 25,871 6,731 10,000 09.976) 39.290 60.230 160.765 $ 163.259 $ 232.908 $ 115,720 $ 126,043 134,280 123,957 934.173 966.849 $Ll84.173 $1.216~8o19 r I r I I I I I I I I I I , ¡ J BOYS & GIRLS CLUB OF CHULA VISTA STATEMENT OF SUPPORT, REVENUE AND EXPENSES AND CHANGES IN FUND BALANCES Year Ended June 30, 1995 (With Comparative Totals for June 30, 1994) 1995 Property General Funds and 1994 EquIpment Total Unrestri cted Restricted ~ Total ~ Pub 1 I c support and revenue: Public support: United \lay 16,346 $ - 41,925 0 60,271 72,490 Contributions 26,555 0 30,324 56,679 104,670 Grants and contracts 27,706 132,304 0 160,010 0 6ingo, net ef direct costs ef $95,057 121,007 0 0 '121,007 154,325 Special fundralslng events, net of direct costs ef $3,778 ~ ----9. ----9. ~ ~ ~ ~ ----1Q....ill. ~ ----ID..ill Revenue: Hembershl p dues 22,642 0 0 22,642 21,474 Program service fees 267,165 0 0 267,165 261,823 Investment income 5,192 0 0 5,192 10,892 Hiscellaneous 21,672 0 0 21,672 21,609 Gain (less) on marketable securities ----1.lli ----9. ----9. ----1.lli ~) ~ ----9. ----9. ~ ~ Total publ ic support and revenue ~ ~ ----1Q....ill. --1ZZ..lli ~ Expenses: Program servi ces 544,203 174,229 71,503 789,935 667,036 SupportIng services: Hanagement and general 60,591 0 3,763 64,354 95,942 Fundraising ~ ----9. --<1 ~ ~ Total expenses ~ ~ ~ 1910 7271 ~ (Deficiency) ef publ Ic support and revenue over expenses (88,269) (44,942) (133;211) (110,015) Fund balances, beginnIng of year 160,765 966,849 1,127 ,614 1.237,629 Property and equIpment acquisitions from general funds ~) ----9. ~ ----9. ----9. Fund balances, end of year ~ ~ ~ ~ ~ See Notes to Financial Statements. A-t/~ - 3 - tIM- ----.. -- .... - ..-.- ~ IM8 ..,... - - _. -, - -, -1 -, -, BOYS & GIRLS CLUB OF CHULA VISTA STATEMENT OF FUNCTIONAL EXPENSES Year Ended June 30, 1995 (With Comparative Totals for June 30, 1994) ~ , 1995 ~ ProQram Services SUDDortlnQ Services " Total Management Total 1994 Program and Fund- Supporting Total Oleander l Street ~ CounsellDO Dav Care ..lliY!ill General J!ill.Jl!g,. Servl ces .lillL (Note 81 Personnel costs $150,567 $101,534 $ 10,764 $ 49,403 $117 ,360 $429,628 $ 33,145 $ 29,115 $ 62,260 $491,888 $441,231 Employee-related costs 30,292 ~ ~ --L..lli ~ ~ --Z..MQ .-i.ill -1blli 95.958 -2!.ill 180,859 122,174 13,311 57,029 139,941 513,314 40,985 33,547 74,532 587,846 534,360 Professional and outside services 1,368 930 164 4t ,308 820 44,590 3,249 274 3,523 48,113 6,908. Travel 10,755 7,710 3,388 0 0 21,853 4,443 480 4,923 26,776 24,691 Space cost 39,895 24,882 0 0 10,144 74,921 4,492 ,0 4,492 79,413 78,882 Equlpnent 2,043 1,269 0 0 1,196 4,500 1,134 0 1,134 5,642 3,424 MaterIals andsuppltes 12,027 5,454 0 0 4,141 21,622 4,248 1,333 5,581 27,203 31,321 OperatIng services --1i..lli -11..ill. -U!l ------ill ~ -E...ill ~ --M! -llÆ! 60,469 ...&ill 266,108 173,842 19,576 98,502 160,405 718,433 80,591 36,438 117,029 835,462 732,101 Interest expense 8,926 588 0 0 294 9,808 516 0 516 10,324 9,530 DepreciatIon 55.850 ~ ---.J! ---.J! -1..ill JL.ill -1.lli --2 -UQ .Ji..lli ~ Total $330,884 $178,326 ~ $ 98,502 $162,647 $789,935 $ 84,354 $ 36,438 $120.792 $910,727 $810,303 See Notes to Financial Statements. ~ ~ . I . Î * Note 1. t ~ BOYS & GIRLS CLUB OF CHULA VISTA NOTES TO FINANCIAL STATEMENTS Nature of Organization and Significant Accounting Policies Nature of Organization: The Boys & Girls Club of Chula Vista (Club) is a public non-profit organization dedicated to providing positive activities and opportu- nities to develop the health, self-esteem and character of the youth of the community, enabling them to reach their fullest potential. A summary of the Club's significant. accounting policies follows: Method of accounting: the accompanying financial statements have been prepared on the accrual basis. The significant accounting policies f~lowed are described below to enhance the usefulness of the financial state- ments to the reader. Fund accounting: To ensure observance of limitations and restrictions placed on the use of resources available to the Club, the financial statements are presented in accordance with the principles of fund accounting. This is the procedure by which resources for various purposes are classified into funds esta~ished according to their natures and purposes. The financial statements of the Club are reported in self-balancing fund groups as follows: . General funds used in carrying on the operations of the Club in accordance with its Bylaws. These include unrestricted funds over which the Board of Directors has discretionary control and restricted funds which are expendable only for purposes specified by the donor or grantor. . Property and equipment fund which is used to accumulate the net investment in fixed assets. Recognition of support and revenue: All items of support and revenue are recognized as income in the period received, unless restricted by the donor for a particular purpose. United Way restricted grants are recognized over the period of the allocation. Allocation of expense: Where appropriate, expenses are charged to the programs or support- ing services directly benefitted by the cost. Costs that benefit multiple programs and supporting services are allocated on an equitable basis. 1'/-t./7 - 5 - I I 1 I ! I J ! I I ~ ~ . Note 1. Note 2. Note 3. Note 4. NOTES TO FINANCIAL STATEMENTS Nature of Organization and Significant Accounting policies (Continued) Property and equipment and depreciation method: Property and equipment are recorded at cost, except for donated equipment which is recorded at its fair market value as of the date received. Depreciation is provided on the straight-line method over the estimated useful lives of the related assets. Marketable securities: Marketable securities are recorded at the lower of cost or market. Receivables Receivables consist of: 1995 1994 S 13,630 $ 19,000 29,339 22.686 S 42.969 S 41.686 Block grant receivable Grants receivable and other Marketable Securities Marketable securities at June 30, 1995 and 1994 consist of: 1995 1994 Unrealized Unrealized ~ Market ~ ~ Market ~ Fidel ity Balanced Fund $112.717 $106.824 ~) $120,355 $111.475 ~) Property and Equipment Property and equipment are comprised of: 1995 1994 $1,523,462 $1,502,393 140.963 129.767 1,664,425 1,632,160 480.252 415.311 $1.184.173 $1. 216.849 Buildings and improvements Furniture and equipment Less accumulated depreciation The Club leases the land at Oleander Street on which their facilities are located from the Ci ty of Chul a Vi sta at an annual cost of one dollar. The lease runs through August 31, 2018. /I-c/€ - 6- I I I I I I I ,I I I I I I - I I I i , I I J I ! I , 8 Note 5. Note 6. Note 7. Note 8. Note 9. NOTES TO FINANCIAL STATEMENTS Long-Term Debt Long-term debt of $134,280 is an unsecured loan from the City of Chula Vista. Interest has been inputed at 8%. The loan is payable in ten annual installments of $25,000, starting in February 1999. Income Tax Status The Club is a California not-for-profit corporation and is exempt from income taxes under Section 501(c)(3) of the Internal Revenue Code and Section 23701(d) of the California Revenue and Taxation Code. Commitments The Club leases equipment under leases expiring through 1997. The total minimum rental commitment under the above-mentioned leases is $8,334, which is due as follows: Durinq the Years Endinq June 30, Amount 1996 1997 1998 $ 5,051 3,021 262 $ 8.334 Rental expense for the year ended June 30, 1995 was $5,051. June 30, 1994 Financial Information The amounts shown for June 30, 1994 in the accompanyi ng fi nanci a 1 statements are included to provide a basis for comparison with June 30, 1995 and present summarized totals only. Accordingly, the June 30,1994 amounts are not intended to present all information necessary for a fair presentation in accordance with generally accepted accounting princi- ples. Prior Period Adjustment The note payable has been retroactively restated to reflect imputed interest of 8%. There was no effect on fund balance. A - 99 - 7 - BOYS & GIRLS CLUB OF CHULA VISTA FINANCIAL REPORT JUNE 30,1994 It -~-o CONTENTS ~ INDEPENDENT AUDITORS' REPORT ON THE FINANCIAL STATEMENTS FINANCIAL STATEMENTS Balance sheet Statement of support, revenue and expenses and changes in fund balances Statement of functional expenses Notes to financial statements 2 3 4 5 - 8 A-~I j WEST , TURNQUIST I & SCHMITT ACCoumANCY CORPORATION 2550 Fiftb Avenue, Tentb Floor San Diego, CA92LO3-6625 (619) 234-6775 Fax (619) 696-6581 INDEPENDENT AUDITORS' REPORT To the Board of Directors Boys & Girls Club of Chula Vista San Diego, California We have audited the accompanying balance sheet of Boys & Girls Club of Chula Vista as of June 30, 1994, and the related statements of support, revenue and expenses and changes in fund balances, and functional expenses for the year then ended. These fi nanci a 1 statements are the responsi bil i ty of the Cl ub' s management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Boys & Girls Club of Chula Vista as of June 30, 1994, and the results of its operations for the year then ended in conformity with generally accepted accounting principles. ~d/~ Edward W. Kitrosser, C.P.A. for WEST, TURNQUIST & SCHMITT San Diego, California October 19, 1994 A- S-~ JA.'ES H. WEST, c.~A. WllUA.' H. TURNQUIST. C.~A. CHARLES ~ SCH"ITT. c.P.A. EDWARD w. KITROSSER. C.~A. MARK E. McMAHON, c.~A. Member of ~'G tnter"ot/aanl .'Itb aI/Ices In prlnclpat e/tie< .'ortd.'Me AI/illnted u.ltb tbe Amerlm" tnst/tute of c.P.A.s division affirms BOYS & GIRLS CLUB OF CHULA VISTA BALANCE SHEET June 30, 1994 (With Comparative Totals for June 30, 1993) ASSETS LIABILITIES AND FUND BALANCES 1993 1993 1994 (Note 8) 1994 (Note 8) UNRESTRICTED FUND: UNRESTRICTED FUND: Cash $ 73,582 $ 126,208 Accounts payable $ 47,151 $ 7,165 Fiscal agent account Fiscal agent account (Note 6) 1,887 8,431 (Note 6) 1,887 8,431 Receivables (Note 2) 41,686 28,115 Accrued expenses 23.105 22,696 ~ Marketable securities 72.143 38,292 (Note 3) 1ll,475 88,328 Fund balance, unrestricted: I I Prepaid expense 4,278 0 Designated for investment 85,604 88,328 ",U, Designated for repayment 1CJ.i of long-term debt 25,871 26,555 Designated for capital improvements 10,000 0 Undesignated 39.290 97.907 160.765 212.790 $ 232.908 $ 251. 082 $ 232.908 $251. 082 PROPERTY AND EQU I PMENT FUND PROPERTY AND EQUIPMENT FUND Property and equi pment, Long-term debt (Note 5) $ 250,000 $ 250,000 net of accumulated Fund balance .966.849 . LOt4..839 depreciation (Note 4) $1.216,843 $1.274,839 U.1lQ..849 $l..1l4.. 8 3 9 $1.216~849 $L U.A.,839 See Notes to Financial Statements. BOYS & GIRLS CLUB OF CHULA VISTA STATEMENT OF SUPPORT, REVENUE AND EXPENSES AND CHANGES IN FUND BALANCES Year Ended June 30, 1994 (With Comparative Totals for June 30, 1993) ,- 1994 Property General Funds and 1993 Equipment Total Unrestricted Restricted ----E!m!L- Total ~ Pub Ii c support and revenue: Public support: United \lay 23,740 48,750 0 7Z,490 76,477 Contributions 80,140 - 15,000 0 95,140 47,431 8;ngo, net of direct costs of $73,088 154,325 0 0 154,325 220,554 Special fundralslng events ~ ~ ------9 ~ ~ 300.090 ~ ------9 363 840 ~ Revenue: Hembership dues 21,474 o 21,474 24,979 Program service fees 281,823 0 281,823 274,153 Inves_nt Income 10,892 o 10,892 5,547 Hi scel 1 aneous 21,609 o 21,609 39,947 Unrealized (loss) In marketable securities (Hote 3) --<M§Q) ~ ------9 --<M§Q) ~ ~ ~ ------9 ~ 344 626 Total public support and revenue ~ ~ ------9 G90 758 ~ Expenses: Program services 528,686 63,750 65,547 657,983 645,909 Support services: Management and general 92,339 o 3,126 95,465 7Z,952 Fundraislng --Æ..ill ~ ------9 --Æ..ill ~ Total expenses ~ ~ ~ ~ ~ (Deficiency) of public support and revenue over expenses (41,342) (68,673) (110,015) (17,062) Fund balances, beginning of year 212,790 1,024,83,9 1,237,629 1,254,691 Property and equipment acquisitions from general funds and other transfers, net ~) ~ ~ ~ ~ Fund balances, end of year ~ ~ $ 966.849 $1 127,614 $1237,629 See Notes to Financial Statements. ,A - ~-V - 3 - BOYS & GIRLS CLUB OF CHULA VISTA STATEMENT OF FUNCTIONAL EXPENSES Year Ended June 30, 1994 (With Comparative Totals for June 30, 1993) ~ 1994 I ProQram ServIces SunoorttnQ Services q Total Hanagement Total 1993 Pro9ram and Fund- Supporting Total Oleander L Street ~ ~ ~ General ~ Services --lillL (Note 81 Personnel costs $143,616 $105,289 $ 13,375 $106,293 $368,573 $ 35,640 $ 37,018 72,658 441,231 $415,365 Eq>loyee-related costs 30,569 -ll..ill ~ --Z.L.ill 76.744 --Z..J.!1 ---i..ill ~ --2hill 90.263 1 174.185 ..ill..ill --1§....ill 127.408 445.317 ~ 46,091 -M...ill 534.360 505.628 .... Professional and outside services 1,595 1,068 166 915 3,144 2,889 275 3,164 6,908 5,975 Travel 7,483 6,896 2,659 109 17,147 6,995 549 1,544 24,691 23,489 Space cost 31,354 11,856 o 9,519 64,189 14,093 0 14,093 78,882 62,693 Equtpnent 1,548 355 0 381 2,284 1,140 0 1,140 3,424 2,003 Haterials and supplies 10,865 6,712 0 4,330 21,907 9,065 349 9,414 31,321 26,964 Operatln9 services J.!!....!!.!li .....J.Q,.lli ~ ~ 31 249 --1i.lli -M ~ ~ 44 955 17.926 43.680 -2...ill --!2Æ 147.120 49.381 -.!...ill ~ 191.141 166.019 Oepreclatlon ~ -hill -!! -?..ill ~ ~ -!! ~ 68.672 71.975 Total $311,512 $175,067 U!..2.22 $149.495 1651.983 $ 95.465 $ 41.325 $142,790 $800,173 $743.682 See Notes to Financial Statements, BOYS & GIRLS CLUB OF CHULA VISTA NOTES TO FINANCIAL STATEMENTS Note 1. Nature of Organization and Significant Accounting Policies Nature of Organization: The Boys & Gi rl s Cl ub of Chul a Vi sta (Cl ub) is a publ i c non-profi t organization dedicated to providing positive activities and opportu- nities to develop the health, self-esteem and character of the youth of the community, enabling thém to reach their fullest potential. A summary of the Club's significant atcounting policies follows: Method of accounting: The accompanyi ng fi nanci a 1 statements have been prepared on the accrual basis. The significant accounting policies followed are described below to enhance the usefulness of the financial statements to the reader. Fund accounting: To ensure observance of limitations and restrictions placed on the use of resources available to the Club, the financial statements are presented in accordance with the principles of fund accounting. This is the procedure by which resources for various purposes are classi- fied into funds established according to their natures and purposes. The financial statements of the Club are reported in self-balancing fund groups as follows: . General funds used in carrying on the operations of the Club in accordance with its Bylaws. These include unrestricted funds over which the Board of Directors has discretionary control and restricted funds which are expendable only for purposes specified by the donor or grantor, . Property and equipment fund which is used to accumulate the net investment in fixed assets~ Recognition of support and revenue: All items of support and revenue are recognized as income in the period received, unless restricted by the donor for a particular purpose. United Way restricted grants are recognized over. the period of the allocation. /'1- ~""" - 5 - NOTES TO FINANCIAL STATEMENTS Note 1. Nature of Organization and Significant Accounting Policies (Continued) Property and equipment and depreciation method: Property and equipment are recorded at cost, except for donated equipment which is recorded at its fair market value as of the date received. Depreciation is provided on the straight-line method over the estimated useful lives of the related assets. Marketable securities: Marketable securities are recorded at the lower of cost or market. Note 2. Receivables Receivables consist of: Block grant receivable Grants receivable and other 1994 1993 $ 19,000 $ 9,000 22.686. 19.115 $ 41. 686 $ 28.115 Note 3. Marketable Securities Marketable securities at June 30, 1994 and 1993 consist of: 1994 1993 Unreal ized Un rea L ¡zed ....ill.L Market ~ ....ill.L Market ~ Fidel ity Balanced Fund $120,355 $111,475 $ (B,BaO) $ a4,500 $ B5,372 $ a72 Keystone Investments ----.!! ----.!! ----.!! ~ ~ -LQ.Q2 $120.355 $111.475 $ (a.aaO) $ aa.32a $ 90.205 $ 1.877 A-S"7 - 6 - NOTES TO FINANCIAL STATEMENTS Note 4. Property and Equipment Property and equipment are comprised of: 1994 1993 Less accumulated depreciation $1,502,393 129.767 1,632,160 415.311 $1.216,849 $1,494,056 126.243 1,620,299 345,460 $1.274.839 Buildings and improvements Furniture and equipment The Club leases the land at Oleander Street on which their facilities are located from the City of Chula Vista at an annual cost of one dollar. The lease runs through August 31, 2018. Note 5. Long-Term Debt Long-term debt of $250,000 is an unsecured noninterest-bearing loan from the City of Chula Vista. The loan is due in ten annual installments of $25,000, starting in February 1999. Note 6. Fiscal Agent Account The Club is administrator for Kaiser Permanente-Human Services Council, a Transportat i on/Latch Key and Needs Assessment Fund. The cash and . respective liability accounts for the years ended June 30, 1994 and 1993 were $1,887 and $8,431, respectively. Note 7. Income Tax Status The Club is a California not-for-profit corporation and is exempt from income taxes under Section 501(c)(3) of the Internal Revenue Code and Section 23701(d) of the California Revenue and Taxation Code. A- ~'? - 7 - NOTES TO FINANCIAL STATEMENTS Note 8. Commitments The Club leases equipment under leases expiring through 1997. The total minimum rental commitment under the above-mentioned leases is $13,385, which is due as follows: Durinq the Years Endinq June 30, Amount 1995 1996 1997 1998 $ 5,051 5,051 3,021 262 $ 13.385 Note 9. June 30, 1993 Financial Information The amounts shown for June 30, 1993 in the accompanying financial statements are included to provide a basis for comparison with June 30, 1994 and present summarized totals only. Accordingly, the June 30, 1993 amounts are not intended to present all information necessary for a fair presentation in accordance with generally accepted accounting principles. A-~ - 8 - REDUCTION IN BINGO REVENUES BOYS & GIRLS CLUB OF CHULA VISTA REDUCTION IN BINGO REVENUES Attached is a chart illustrating the reductions in bingo revenues over the past four years. Bingo had been a significant long time stable funding source for the Boys & Girls Club. Increased gaming on the Indian Reservations has had a major impact on charitable bingo games throughout San Diego County. However, unlike United Way allocations, where we know what cuts are taking place at the beginning of each fiscal year, our bingo revenues have declined throughout the fiscal year. It has been very difficult to project the extent of the declining revenues. Also attached is a list of charitable bingo games that have actually been discontinued altogether due to such reductions in bingo revenues. We had felt that with the closure of other bingo games, our bingo revenues would stabilize, however, so far that has not proven to be the case. We are continuing to look for ways to increase our bingo revenues. -47- /I-' ø TOTAL BINGO REVENUES BY YEAR 400,000 :350,000 300,000 250,000 w :E 8 200,000 ~ 1&),000 100,000 &),000 372,100 376,002 0 88-89 89-90 90-91 91-92 92-93 YEAR 93-94 94-95 95-96 96-97 FY 97 Figure Is Year-To-Date Through 02128/97 A-~f -48- DECLINING BINGO REVENUE The following charity bingo games have closed within the past two years having been severely impacted by Indian Gaming and declining revenue. . Chula Vista Alano Club . Our Lady of Guadelupe . Chula Vista Connection . Castle Park High School . Bonita High School . Bonita Sunnyside . Temple Beth Israel . St. Patrick's . St. Mary's by the Sea . Amvets . Head Injury Foundation . Madison High School . St. Charles Borromeo . Holy Spirt Church As Indian Bingo and Gaming has become more prevalent the vast majority of charity bingo games have seen a decline in revenue to a point where many charity bingo games have closed. As Indian gaming does not follow state law and they are not limited to payouts, the charity games are at a disadvantage to attract and maintain a player base to support the operations and fundraising effort. -49 /1- ,~ REDUCTION IN UNITED .WAYFUNDS BOYS & GIRLS CLUB OF CHULA VISTA REDUCTIONS IN UNITED WAY FUNDING Attached is a table which illustrates the reduction in funding the Boys & Girls Club of Chula Vista has experienced over the past five years. Because of economic conditions and corporate downsizing and closures, the United Way has not raised the funds over the past few years that they had anticipated. This has resulted in decreases in allocable dollars. - The Club has a very positive working relationship with the United Way and the decreases in allocations do not reflect any negative evaluation of the Club as indicated in the attached letter from Bruce Boland, President of the United Way of San Diego County. This past year is the first time that United Way has conducted a competitive, zero-based grantmaking process. Prior to that, agency funding went up or down from the previous year based upon the results of the campaign. Attached are copies of our contracts with United Way over the past five years indicating our allocations. Also attached, as requested, is the proposal submitted to United Way this past year which was the first time such submissions were done. PLEASE NOTE: This is a collaborative proposal inclusive of all of the Boys & Girls Clubs in the county. The proposal was written by the Boys & Girls Club of Fallbrook. We are the fiscal agent in this proposal in which we receive and disseminate checks to the other clubs. -50- /1- ".3 UNITED WAY FUNDING FY 92 FY 93 FY 94 FY 95 FY 96 FY 97 88,700 72,850 48,750 41,925 38,199 14,442 ~ ¿, I 'ï'(\ ~ 90,000 80,000 70,000 60,0001 50,000 40,000 30,000 -,- 20,000 -I~ 10,000 0 - 88,700 IiIFY92 iii FY 93 DFY94 0 FY 95 8FY96 0 FY 97 BOYS GIRLS CLUB OF CHULA VISTA e UnIt8dWay of San Diego County June 27,1996 To Whom It May Concern: I am writing this letter to assure anyone who may be concerned, that Boys & Girls Club of Chula Vista is a certified United Way of San Diego County agency with sound governance, , management, programmatic and fiscal operations. Further, we actively promote and encourage giving to this agency both through the United Way/CHAD campaign and independently. United Way of San Diego County recently conducted a competitive, zero-based, grantmaking process through which Boys & Girls Club of Chula Vista did not receive the same level of funding as it had in the past. I wish to assure those who may be concerned, that this in no way reflects a negative evaluation on the part of United Way with respect to this agency or its programs. United Way of San Diego County had a limited pool of funds for discretionary grantmaking in the FY 96-97 cycle from our campaign. During this cycle, we had over 260 applications for funds requesting over $25 million. We were able to fund 46 of those proposals representing a total of 69 agencies in collaborations. Many other worthy programs were not funded due to the limited dollars available. We know that Boys & Girls Club of Chula Vista is an effective agency with programs deserving of philanthropic support, and we encourage any who may be so inclined to give generously to them. BRE/mbd -52- A-'~ '699 MURPHY CANYON ROAD. SAN DIEGO. CALIFORNIA 92123 (619) <92.2000 ADDRESS CORRESPONOENCE POST orFICE BOX 235<3 SAN OIEGO. CALIFORNIA 92123 oE!Þ'- . United Way of San Diego County UNITED WAY OF SAN DIEGO COUNTY FUNDING AGREEMENT ftEC~IV!D NaV 4 1991 A1.1.0CATIONS AGREEMENT between United Way of San Diego County, and Boys and Girls Club of Chula Vista (Corporate Name) Chula Vista. CA (City and State) 1301 Oleander Avenue (Address) 91911 (Zip Code) SECTION I - PERIOD OF THIS AGREEMENT This funding agreement shall cover the period July 1, 1991 to June 30, 1992. SECTION II - ALLOCATION , United Way agrees to allocate to Bovs and Girls Club of Chula Vista the following amount(s) for the provision of specific program(s) for the period July 1, 1991 to June 30, 1992: Proqram Name United Way Allocation 1991/92 West Side Services Oleander $ 35,700 53,000 TOTAL $ 88,700 As in past years, actual payments will be contingent upon actual collections realized and campaign results. SECTION III - PAYMENT SCHEDULE The payment schedule for this period is provided in Attachment A and is to prevail unless revised by United Way. An adjustment will be made in the final payment to reflect any negative designations from the last campaign. SECTION IV - OPERATING BUDGET The funded Agency's operating budget including all program revenue and expense projections for the period July 1, 1991 to June 30, 1992, or for such other current financial year as the Agency may use, is provided in Attachment B. SECTION V - PROGRAM DESCRIPTIONS Program descriptions submitted on March 27, 1991 as part of the Contact Team Process will be attached and filed as Attachment C unless otherwise notified. ,A - (Øc, 9. to -2- SECTION VI - GENERAL PROVISIONS In signing this Agreement and accepting the funds allocated by United Way the funded Agency agrees. as follows: 0 1. To operate within the spirit and conditions of this Funding Agreement. 2. To maintain compliance with United Way certification standards. 3. To comply with all applicable federal, state and local laws, rules and regulations; to meet applicable state and local standards for licensing and certification; and to conduct its affairs in such manner as to remain exempt from both federal intome tax under the provisions of Section 501 (c}(3) of the Internal Revenue Code and the State FrMchise Tax under the provisions of Section 237010 of the Revenue and Taxation Code. 4. To function under the leadership and direction of an active volunteer Board of Directors; to maintain responsible management and to insure sound administrative and fiscal practices. If the , Agency is the local arm of a statewide or national Agency directed by a state or national governing board or if it fulfills a specific mission of a local mufti-rnission Agency directed by a governing board, the Agency receiving United Way funding must have its own governing body in the form of a Board of Directors, Advisory Board or Council. 5. 0 To provide United Way with a copy of its corporate articles, Bylaws, month of annual meeting, and list of Board of Directors. 6. To keep regular books of accounts in accordance with applicable laws and in accordance with generally accepted accounting principles for voluntary health and welfare organizations uniformly and consistently applied. 7. To provide to United Way a timely annual audit of the Agency's total financial operation certified to by an independent CPA firm. If the Agency's total annual operating budget is $100,000 or less, an annual Review may be substituted. 8. To provide services without discrimination as to race, color, creed, gender, physical handicap, or national origin and to submit to United Way a written Non-Discrimination Statement which clearly indicates that it will operate without discrimination in the selection of Board, volunteers, committee members and in the employment of staff. However, nothing herein denies funding to an Agency which is otherwise eligible merely because such an Agency is organized by, on behalf of, or to service persons of a particular race, color, religion, sex, national origin, age or handicap. To participate actively in promoting United Way's community fund raising by encouraging and enlisting the participation of its constituency and members in such activities and to conduct an annual United Way/CHAD fund raising campaign among its employees and Board of Directors. 10. To include in published materials such as letterheads, annual reports, and brochures, indication thatit is receiving funds from United Way; to display the United Way logo in such materials; and to display the United Way logo at those physical facilities housing programs receiving United Way support. /1- '7 -3- 11. To refrain from conducting any public fund raising activity during the time of the annual United Way/CHAD campaign which shall be considered to be Labor Day until Thanksgiving and to abide by fund raising guidelines established by United Way. 12. To comply with the attached policy entitled, Donor Choice Promotional Guidelines. (Page 5) 13. To limit management and general administrative expense to 25% or less of the organization's operating expenses as verified by audit review. 14. To promptly notify United Way regarding any operational changes of a significant nature which may have an effect upon thi' conditions agreed to in this document or upon the Agency's relationship with United Way in general. . SECTION VII - REPORTING AND ACCOUNTABILITY REQUIREMENTS The funded organization agrees: 1. \ To submit to United Way, at time(s) designated and on forms furnished by United Way, fiscal, program and management information and to comply with the budgetary and allocation policies established from time to time by United Way as outlined in this Funding Agreement with United Way. Such information shall include but not be limited to: a) Statement of purpose and goals of each United Way funded program. b) c) Usting of measurable service objectives for each United Way funded program. Target population including demographic data and geographic area(s) to be served by each program. . d) Program objective achievement report(s) which describes the accomplishments/impact of the United Way funded program(s) for a given period of time. e) A functionalized budget/actual financial report of the total revenue and expenditures of the Agency which clearly documents the expenditure and revenue of each program funded by United Way, f) Information regarding place of employment of clients (beneficiary data). Agencies are required to make a good faith effort to provide this information, consistent with their reporting systems and confidentiality requirements. SECTION VIII - CHANGES TO AND TERMINATION OF THIS AGREEMENT The Funded Agency, in signing this Agreement and accepting the funds granted by United Way, also agrees as follows: 1. AMENDMENTS. If, at any time during the life of this Agreement, it becomes necessary to change the scope of the services to be provided by this Agreement, the time period of the Agreement or the amount of money being allocated by United Way, such changes, after being mutually agreed upon by and between the Agency and United Way of San Diego County, shall be effective when incorporated in written amendment to this Agreement. /I-"~ 2. 3. (-" -4- TERMINATION. The Funded Agency or United Way may terminate this agreement subject to the following procedures: a) The Funded Agency shall give United Way 60 days prior written notice, as authorized by the agency's Board of Directors, of termination of this agreement. Shorter notice may be given if mutually agreed upon by the Funded Agency and United Way. This Agreement may be terminated by United Way during the term of this Agreement for any of the following reasons: b) . Failure of the Funded Agency to meet management, fiscal and/or service delivery intent and standards as agreed to in this Funding Ag¡'e~ment. . Violation of any other provision of this Funding Agreement by the F~nd"ed Agency. . Failure to demonstrate that United Way support is significant and essential for continued support of a program funded in whole or in part by United Way. . Determination that the agency no longer meets United Way certification standards. . Significant reduction in a program's support from sources other than United Way with the result that United Way's support of the program is insufficient to maintain the services being provided. c) United Way shall give notice of termination or suspension of funding as follows: . Upon serious breach of this Funding Agreement, United Way shall have the right to immediately suspend the funding provided by this Agreement pending a full review of the matter. Resumption of funding will be dependent upon the results of such review. Permanent termination of funding must be enacted by the United Way Board of Directors. If the Board does terminate funding, the termination will be effective from the date of suspension of funding. . United Way, if so directed by the United Way Board of Directors, may terminate this Agreement at its convenience or for any reason named in item (b) above at any time by giving 60 days prior written notice to the Funded Agency of such termination. The Agency may appeal such action, provided it follows the conditions and process outlined in United Way's appeal procedure. d) e) This Funding Agreement will terminate at the end of its designated agreement period. If this agreement is terminated prior to the end of the designated agreement period, United Way will make every effort to eliminate the name of the Agency from promotional materials. If that effort is unsuccessful, the inclusion of an Agency's name in campaign literature before or after the notice of intent to terminate shall not in any way create any rights for the Agency after the date of termination, with the exception of receipt of designations. Nothing in this Agreement shall require United Way to be financially obligated to distribute the agreed upon funds to an agency if sufficient funds are not available to fulfill that obligation due to unexpected collection and/or campaign 10sses;,4 -" , i -5- REFERENCE SECTION VI.12 - DONOR CHOICE PROMOTIONAL GUIDEUNES The guidelines listed below are designed so all organizations can equitably benefit from workplace contribuiions through the Three Ways to Care. 1) Agencies will be allowed to promote their agency to their constituent groups including volunteers, board members, current donors, service recipients and their families through agency newsletters and regularly scheduled correspondence. Special correspondence specifically to request SPECIFIC CARE designations should not be used. 2) All certified agencies as well as the CHAD agencies will be utilized by'the Campaign Tours and Speakers Bureau. 3) During tours and workplace group meetings, agencies are not to include any discussion of the CARE choices in their presentations and will not solicit SPECIFIC CARE designations for their agency during those functions. Presentation of the CARE choices will be the responsibility of Loaned Executives and/or staff. Agencies will not provide a general distribuiion of literature at workplace meetings, but will be allowed to disseminate printed information aboui their organization when requested by a donor. 4) Agencies will not seek separate and competitive access to the workplace for promotion of their agency or solicitation of designations for their organization. 5) Agencies will not purchase or have purchased for them media advertising {)r place public service advertising for the purpose of generating SPECIFIC CARE designations to their organization. 6) Agencies will not use direct marketing methods such as the purchase/rental of mailing lists or telemarketing efforts to solicit SPECIFIC CARE designations for their organizations. /1-70 -6- Agreement to the provisions of this Agreement and its Attachments is indicated by the signatures below: FOR THE FU. OED AGEZC: I; /7 i '/> Signature: , By: Boys & Girls Çlubof.Chula Vista (Funded Agency) Signature: t Û . ~~ By: Boys & Girls Club of Chula Vista (Funded Agency) N~e: Robert P. Fox NaÏne: W. Scott Mosher Title: President (Chief Volunteer Officer) Title: Executive Director (Chief Professional Officer) Date: Or1-nhpr 10 1'191 Date: October 30. 1991 FOR UNITED WAY OF SAN DIEGO COUNTY: S;9O~i:~ By: U County N~e: e Signature: ~ By: United Way of San Diego County N~e: Dawson Dowty Title: President Date: II ';2"'\ - q I Date: Chairman of the Board 1\ -1-Ç-qi Title: 6/91 A:FUNDAGRE.91 A- 71 Attachment A UNITED WAY OF SAN DIEGO COUNTY 1991/92 ALLOCATION PAYMENT SCHEDULE Agency Name: Vendor Code: Boys & Girls Club of Chula Vista BGI02 Date of Allocation Payment Amount of Payment ----------------------------------------------------------------------------- January 15 19'32 February 15 19'32 March 15 1'3'32 , April 15 1'3'32 ~1ay 15 1'3'32 June 15 1'3'32 $ 7,983.00 8,870.00 7,983.00 8,870.00 6,20'3.00 6,20'3.00 ----------------------------------------------------------------------------- TOTALS $ 46,124.00 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- .pmnt2 A- 7~ UNITED WAY OF SAN DIEGO COUNTY 1991/92 ALLOCATION PAYMENT SCHEDULE Agency Name: Vend,=.r Code: Boys & Girls Club of Chula Vista BGI02 Date of Allocation Payment Attachment A ----------------------------------------------------------------------------- Amount of Payment July 15 19'31 August 15 19'31 September 15 1'391 > October 15 1991 November 15 1'391 DecEmber 15 1 '3'31 $ 5,954.00 5,103.00 5,954.00 7,654.00 '3,928.00 7, '383. 00 ----------------------------------------------------------------------------- TOTALS $ 42,576.00 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- . pmnt 1 /1-73 . United Way á San Diego County UNITED WAY OF SAN DIEGO COUNTY FUNDING AGREEMENT AGREEMENT between United Way of San Diego County, and RQY" ~nrl ('.,iri" r.lI Ih nf r.h, "~ Vi"t~ (Corporate Name) 1~n1 ()'p~nrlpr AVPnltp (Address) r.hlll~ Vi"t~ r.A (City and State) SECTION I - PERIOD OF THIS AGREEMENT 9H111 (Zip Code) This funding agreement shaH cover the period July 1, 1992 to June 30,1993. SECTION II - ALLOCATION United Way agrees to allocate to . the following amount(s) for the provision of specific program(s) for the period July 1, 1992 to June 30, 1993: Proaram Name United Way Allocation 1992/93 West Side Services Oleander $29,550 43,300 TOTAL $72,850 As in past years, actual payments will be contingent upon actual collections realized and campaign re~~. - SECTION III - PAYMENT SCHEDULE The payment schedule for this period is provided in Attachment A and is to prevail unless revised by United Way. An adjustment will be made in the final payment to reflect any negative designations from the last campaign. SECTION IV - OPERATING BUDGET The funded Agency's operating budget includil'Jg all program revenue and expense projections for the period July 1, 1992 to June 30,1993, orfor such other current financial year as the Agency may use, is provided in Attachment B. ëCTION V - PROGRAM DESCRIPTIONS A 2-page program plan for each funded program, describing program objectives, activities, clients to be served, and evaluation methods is attached and file~ ¡s Attachment C. /1- 7V -2- SECTION VI - GENERAL PROVISIONS In c;igning this Agreement and accepting the funds allocated by United Way the funded Agency agrees a .Jllows: 1. To operate within the spirit and conditions of this Funding Agreement. 2. To maintain compliance with United Way certification standards. 3. To comply with all applicable federal, state and local laws, rules and regulations; to meet applicable state and local standards for licensing and certification; and to conduct its affairs in such manner as to remain exempt from both federal income tax under the provisions of Section 601 (c)(3) of the Intemal Revenue Code and the -State Franchise Tax under the provisions of Section 23701 D of the Revenue and Taxation Code. - 4. To function under the leadership and direction of an active volunteer Board of Dir~ptors; to maintain responsible management and to insure sound administrative and fiscal practices. If the Agency is the local arm of a statewide or national Agency directed by a state or national ,governing board or if it fulfills a specific mission of a local multi-mission Agency directed by a governing board, the Agency receiving United Way funding must have its own governing body in the form of a Board of Directors, Advisory Board or Council. 6. To provide United Way with a copy of its corporate articles, Bylaws, month of annual meeting, and list of Board of Directors. 6 To keep regular books of accounts in accordance with applicable laws and in accordance with generally accepted accounting principles for voluntary health and welfare organizations uniformly and consistently applied. 7. To provide to United Way a timely annual audit of the Agency's total financial operation certified to by an independent CPA firm. If the Agency's total annual operating budget is $100,000 or less, an annual Review may be substituted. 8. To provide services without discrimination as to race, color, creed, gender, physical handicap, or national origin and to submit to United Way a written Non-Discrimination Statement which clearly indicates that it will operate without discrimination in the selection of Board, volunteers, committee members and in the employment of staff. However, nothing herein denies funding to an Agency which is otherwise eligible merely because such an Agency is organized by, on behalf of, or to service persons of a particular race, color, religion, sex, national origin, age or handicap. 9. To participate actively in promoting United Way's community fund raising by encouraging and enlisting the participation of its constituency and members in such activities and to conduct an annual United Way/CHAD fund raising campaign among its employees and Board of Directors. 10. To include in published materials such as letterheads, annual reports, and brochures, indication that it is receMng funds from United Way; to display the United Way logo in such materials; and to display the United Way logo at those physical facilities housing programs receiving United Way suppo~' -. . - - /1- 7S'" 2. 3. -4- TERMINATION. The Funded Agency or United Way may terminate this agreement subject to the following procedures: a) The Funded Agency shaH give United Way 60 days prior written notice, as authorized by the agency's Board of Directors, of termination of this agreement Shorter notice may be given if mutuàJly agreed upon by the Funded Agency and United Way. b) This Agreement may be terminated by United Way during the term of this Agreement for any of the following reasons: . Failure of the Funded Agency to meet management, fiscal and/or service delivery intent and standards as agreed to in this Funding Agreement. . Violation of any other provision of this Funding Àgreement by the Funded Agency. . Failure to demonstrate that United Way support IS significant and essen~i¡¡l for continued support of a program funded in whole or in part by United Way. - . Determination that the agency no longer meets United Way certification standards. . Signmcant reduction in a program's support from sources other than United Way with the result that United Way's support of the program is insufficient to maintain the services being provided. c) United Way shail give notice of termination or suspension of funding as follows: . Upon serious breach of this Funding Agreement, United Way shaH have the right to immediately suspend the funding provided by this Agreement pending a full review of the matter. Resumption of funding will be dependent upon the results of such review. Permanent termination of funding must be enacted by the United Way Board of Directors. If the Board does terminate funding, the termination will be effective from the date of suspension of funding. d) . United Way, if so directed by the United Way Board of Directors, may terminate this Agreement at its convenience or for any reason named in item (b) above at"any time by giving 60 days prior written notice to the Funded Agency of such termination. The Agency may appeaJ such action, provided it follows the conditions and process outlined in United Way's appeaJ procedure. This Funding Agreement will terminate at the end of its designated agreement period. e) If this agreement is terminated prior to the end of the designated agreement period, United Way will make every effort to eliminate the name of the Agency from promotionaJ materiaJs. If that effort is unsuccessful, the inclusion of an Agency's name in campaign literature before or after the notice of intent to terminate shaJl not in any way create any rights for the Agency after the date of termination, with the exception of receipt of designations. Nothing in this Agreement shaJl require United Way to be financiaJly obligated to distribute the agreed upon funds to an agency if sufficient funds are not available to fulfill that obligation due to unexpected collection and/or campaign losses. fi- 7(, -6- Agreement to the provisions of this Agreement and its Attachments is indicated by the signatures below: FOR THE FUNDED AGENCY: Signature: Signature: \Ù,~~^ By: Rny~ & GirlA Club of Chula vista (Funded Agency) By: Boys & Girls Club of Chula Vista (Funded Agency) Name: Susan M. Welsh Name: - ,W. Scott Mosher Title: Board President (Chief Volunteer Officer) Title: Executive Director (Chief Professional Officer) Date~ September 25, 1992 Date: September 25, 1992 FOR UNITED WAY OF SAN DIEGO COUNTY: lature: Signature: By: United Way of San Diego County By: United Way of San Dieco County Name: Scott McClendon Name: Dawson Dowty Title: Chairman of the Board Title: President Date: Date: ~ wp51\92-93 agency contracts\fundagre.mst /1- 77 UNITED WAY OF SAN DIEGO COUNTY 1992/93 ALLOCATION PAYMENT SCHEDULE ,Iency Na.me: Vendor Code: Boys ~, Girls C1o.!b of Chu1a Vista, BBOO5" Date of Allocation Payment Amount of Payment ----------------------------------------------------------------------------- July 15 1'3'32 $ 5,100.00 August 15 1'3'32 4,371.00 September 15 19'32 5,100.00 Octobe,- 15 1'3'32 6,556.00 November 15 1'3'32 7,285.00 December 15 1'3'32 6,556.00 ----------------------------------------------------------------------------- TOTALS $ 34, '368. 00 ------------------------------------------------------------------------------ ----------------------------------------------------------------------------- .pmnt1 /1- 79 UNITED WAY OF SAN DIEGO COUNTY 1'3'32/'33 ALLOCATION PAYMENT SCHEDULE .'ency Name: vendor Code: Boys & Girls Club of Chula Vista BECO5" Date of Allocation Payment ----------------------------------------------------------------------------- Amount of Payment January 15 19'33 February 15 19'33 March 15 19'33 Apri 1 15 19'33 May 15 1 '3'33 June 15 1 '3'33 $ 6,556.00 7t285.00 6,556.00 7t285.00 5,100.00 5,100.00 ------------------------------------------------------------------------------ TOTALS $ 37,882.00 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- .pmntl /1- 7' . United Way of San Diego Coonty UNITED WAY OF SAN DIEGO COUNTY FUNDING AGREEMENT AGREEMENT between United Way of San Diego County, and Boys and Girls Club of Chula Vista (Corporate Name) Chula Vista. CA (City and State) 1301 Oleander Avenue (Address) 91911 (Zip Code) SEGTION I - PERIOD OF THIS AGREEMENT This funding agreement shall cover the period July 1, 1993 to June 30, 1994. SECTION II - ALLOCATION United Way agrees to allocate to Boys & Girls Club of Chula Vista the following revised annualized amount(s) for the provision of specific program(s): Proaram Name United Way Allocation 1993/94 Oleander West Side Services $ 28,977 19.773 TOTAL $ 48,750 As in the past years, actual payments will be contingent upon actual collections realized and campaign results. SECTION III - PAYMENT SCHEDULE The payment schedule for this period is provided in Attachment A and is to prevail unless revised by United Way. An adjustment will be made in the final payment to reflect any negative designations from the last campaign. SECTION IV - OPERATING BUDGET The funded Agency's Operating budget including all programs revenue and expense projects for the period July 1, 1993 to June 30, 1994, or for such other current financial year ås the Agency may use, is provided in Attachment B. SECTION V - PROGRAM DESCRIPTIONS /1-80 A 2-page program for each funded program, describing program objectives, activities, clients to be served, and evaluation methods is attached and filed as Attachment C. . United Way of San Diego County UNITED WAY OF SAN DIEGO COUNTY FUNDING AGREEMENT fiËCE/VËO JUt 23 1993 AGREEMENT between United Way of San Diego County, and Bovs and Girls Club of Chula Vista (Corporate Name) Chula Vista. CA (City and State) 1301 Oleander Avenue (Address) 919'11 (Zip Code) ,-' SECTION I - PERIOD OF THIS AGREEMENT This funding agreement shall cover the period July 1, 1993 to June 30, 1994. SECTION II - ALLOCATION United Way agrees to allocate $48,750 to Boys & Girls Clubs of Chula Vista. Upon final action by the Board in October, this agreement will be amended to included specific amount(s) for the provision of specific program(s). In the interim, United Way funding must be used for the programs funded in FY 92/93 unless specifically agreed to in writing by both parties. As in the past years, actual payments will be contingent upon actual collections realized and campaign results. SECTION III - PAYMENT SCHEDULE The payment schedule for this period is provided in Attachment A and is to prevail unless revised by United Way. An adjustment will be made in the final payment to reflect any negative designations from the last campaign. SECTION IV - OPERATING BUDGET The funded Agency's operating budget including all programs revenue and expense projects for the period July 1, 1993 to June 30, 1994, or for such other current financial year as the Agency may use, is provided in Attachment B. SECTION V - PROGRAM DESCRIPTIONS A 2-page program for each funded program, describing program objectives, activities, clients to be served, and evaluation methods is attached and filed as Attachment C. /I-fi'l -2- SECTION VI - GENERAL PROVISIONS In signing this Agreement arid accepting the funds allocated by United Way the funded Agency agrees as follows: 1. To operate within the spirit and conditions of this Funding Agreement. 2. To maintain compliance with United Way certification standards. 3. To comply with all applicable federal, state and local laws, rules and regulations; to meet applicable state and local standards for licensing and certification; and to conduct its affairs in such manner as to remain exempt from both federal income tax under the provisions of Section 501 (c)(3) of the Internal Revenue Code and the State Franchise Tax under the provisions of Section 23701 D of the Revenue and Taxation Code. - 4. . .' To function under the leadership and direction of an active volunteer Board óf Directors; to maintain responsible management and to insure sound administrative and fiscal practices. If the \ Agency is the local arm of a statewide or national Agency directed by a state or national governing board or if it fulfills a specific mission of a local multi-mission Agency directed by a governing board, the Agency receiving United Way funding must have its own governing body in the form of a Board of Directors, Advisory Board or Council. 5. To provide United Way with a copy of its corporate articles, Bylaws, month of annual meeting, and list of Board of Directors. ò. To keep regular books of accounts in accordance with applicable laws and in accordance with generally accepted accounting principles for voluntary health and welfare organizations uniformly and consistently applied. 7. To provide to United Way a timely annuaL audit of the Agency's total financial operation certified to by an independent CPA firm. If the Agency's total annual operating budget is $100,000 or less, an annual Review may be substituted. 8. To provide services without discrimination as to race, color, creed, gender, physical handicap, or national origin and to submit to United Way a written Non-Discrimination Statement which clearly indicates that it will operate without discrimination in the selection of Board, volunteers, committee members and in the employment of staff. However, nothing herein denies funding to an Agency which is otherwise eligible merely because such an Agency is organized by, on behalf of, or to service persons of a particular race, color, religion, sex, national origin, age or handicap. 9. To participate actively in promoting United Way's community fund raising by encouraging and enlisting the participation of its constituency and members in such activities and to conduct an annual United Way/CHAD fund raising campaign among its employees and Board of Directors. . .... . 10. To include in published materials such as letterheads, annual reports,-and brochures, indication that it is receiving funds from United Way; to display the United Way logo in such materials; and . to display the United Way logo at those physical facilities housing programs receiving United Way support. .' ." ..' /'1- g ;J.., -4- 2. TERMINATION. The Funded Agency or United Way may terminate this agreement subject to the following procedures: - - - - - - -- a) b) 3. The Funded Agency shall give United Way 60 days prior written notice, as authorized by the agency's Board of Directors, of termination of this agreement. Shorter notice may be given if mutually agreed upon by the Funded Agency and United Way. This Agreement may be terminated by United Way during the term of this Agreement for any of the following reasons: . Failure of the Funded Agency to meet management, fiscal and/or service delivery intent and standards as agreed to in this Funding Agreement. . Violation of any other provision of this Funding Agreement by the Funded Agency. . Failure to demonstrate that United Way support is significant and essential for continued support of a program funded in whole or in part by United Way. . Determination that the agency no longer meets United Way certification standards. . Significant reduction in a program's support from sources other than United Way with the result that United Way's support of the program is insufficient to maintain the services being provided. c) United Way shall give notice of termination or suspension of funding as follows: . Upon serious breach of this Funding Agreement, United Way shall have the right to immediately suspend the funding provided by this Agreement pending a full review of the matter. Resumption of funding will be dependent upon the results of such review. Permanent termination of funding must be enacted by the United Way Board of Directors. If the Board does terminate funding, the termination will be effective from the date of suspension of funding. d) . United Way, if so directed by the United Way Board of Directors, may tétminate this Agreement at its convenience or for any reason named in item (b) above at any time by giving 60 days prior written notice to the Funded Agency of such termination. The Agency may appeal such action, provided it follows the conditions and process outlined in .United Way's appeal procedure. This Funding Agreement will terminate at the end of its designated agreement period, and does not imply that funding will be renewed. e) If this agreement is terminated prior to the end of the designated agreement period, United Way will make every effort to eliminate the name of the Agency from promotional materials. If that effort is unsuccessful, the inclusion of an Agency's name in campaign literature before or after the notice of intent to terminate shall not in any way create any rights for the Agency after the date of termination, with the exception of receipt of designations. Nothing in this Agreement shall require United Way to be financially obligated to distribute the agreed upon funds to an agency if sufficient funds are not available to fulfill that obligation due to unexpected collection and/or campaign 10sses'A- f.3 -6- Agreement to the provisions of this Agreement and its Attachments is indicated by the signatures ,èlow: FOR THE FUNDED AGENCY: r' C \ \j 'Ç~ \j ~ r:: v '- " \- '. d,' ,IUL '¿ 'J \/~:; Signature: --L~P- I/~~/ Signature: Lu. By: Boys & Girls Club of Chula vista (Funded Agency) Name: Sue Welsh Title: President (Chief Volunteer Officer) Date: 7/21/93 By: BOYs & Girls Club of Chula Vista (Funded Agency) Name: .W. Scott Mosher.. Title: Executive Director Date: (Chief Professional Officer) 7/21/93 FOR UNITED WAY OF SAN DIEGO COUNTY: Signature: ~ 13u,~ By: United Way of San DieDo County S;g"""".~~ By: Unite I Name: Howard Brotman Title: Chairman of the Board Date: 1-2{ -~ Name: Terrv Aiaains Title: Interim President Date: 7- Z¡ -13 6193 WP51 IFNeA GAMTMSTRSICOmRACT.93 /1-11; 0) UNITED WAY OF SAN DIEGO COUNIY FUNDmG AGREEMENT /y (¡' 0 4(/6' <::-/1- /6 V¿:.. . .(9.91"~ /) UnIted Way of San Diego CaJnty AGREEMENT between United Way of San Diego County, and Boys and Girls Club of Chula Vista (Corporate Name) Chula Vista, CA (City and State) 1301 Oleander Avenue (Address) 91911. (Zip- Code) SEcrlON I - PERIOD OF THIS AGREEMENT This funding agreement shall cover the period July 1, 1994 to June 30, 1995. , SECTION II - ALLOCATION United Way agrees to allocate to Bovs & Girls Club of Chula Vista the following revised annualized amount(s) for the provision of specific program(s): Promm Name United Way Allocation 1994/95 S 24,920 17,005 Oleander West Side Services TOTAL S 41,925 As in the past years, actual payments will be contingent upon actual collections realized and campaign results. SEcrION III - PAYNfENT SCHEDULE The payment schedule for this period is provided in Attachment A and is to prevail unless revised by United Way. An adjustment will be made in the final payment to reflect any negative designations from the last campaign. . SECTION N - OPERATING BUDGET The funded Agency's functionalized operating budget, including all program revenue and expense projected for the period of July 1, 1994 to June 30, 1995, or for such other current financial year as the Agency may use, is provided in Attachment B. SECTION V - PROGRAM DESCRIPTIONS The program plan for each funded program, including desaiption of clients to be served, program objectives and activities, and operating budget are attached in Attachment C. Unless revised, Program Form 1-3 (Standard F - Quality Services which are Outcome Focused), Form 1-4 (Standard G - Demonstrates CulturallylEthnically Appropriate Services) and Program Form 1-S (Standard H - MaXimize United Way Dollars and Leverage Services), as submitted with the 94/95 Funding Request, are included as an official part of the scope of this contract. ,If-,r 2 SECTION VI - GENERAL PROVISIONS In signing this Agreement and a=pting the funds allocated by United Way the funded Agency agrees as follows: 1. 2. 3. To operate within the spirit and conditions of this Funding Agreement To maintain compliance with United Way Certification standards. To comply with all applicable federal, state and local laws, rules and regulations; to meet applicable state and local standards for licensing and certification; and, to conduct its affairs in such manner as to remain exempt from both federal income tax under the provisions of Section SO1(c)(3) of the Internal Revenue Code and the State Franchise Tax Board under the provisions of Section 23701D of the Revenue and Taxation Code. - 4. To function under the leadership and direction of an active volunteer Board of Directors; to maintain responsible management and to insure sound administrative and fiscal practices. If the Agency is the local arm of a statewide or national Agency directed by a state or national governing board or if it fulfills a specific mission of a local multi-mission Agency directed by a governing board, the Agency receiving United Way funding must have its own governing body as in a Board of Directors, Advisory Board or Council. 5. To provide United Way with a copy of its corporate articles, Bylaws, month of annual meeting, and list of Board of Directors. 6. To keep regular books of accounts in accordance with applicable laws and in accordance with generally accepted accounting principles for voluntary health and welfare organizations uniformly and consistently applied. 7. To provide to United Way a timely annual audit of the Agency's total financial operation certified to by an independent CPA firm. If the Agency's total annual operating budget is $100,000 or less, an annual Review by a CPA may be substituted. 8. To provide services without discrimination as to race, color, creed, gender, physical disability, or national origin and to submit to United Way a written Non-Discrimination Statement which clearly shows that it will operate without discrimination in the selection of Board, volunteers, committee members and in the employment of staff. However, nothing herein denies funding to an Agency which is otherwise eligible merely because such an Agency is organized by, on behalf of, or to service persons of a particular race, color, religion, sex, national origin, age or disability. 9. To participate actively in promoting United Way's community fund raising by encouraging and enlisting the participation of its constituency and members in such activities and to conduct an annual United Way/CHAD fund raising campaign between its employees and Board of Directors. 10. To include in published materials such as letterheads, annual reports, and brochures, indication that it is receiving funds from United Way; to display the United Way logo in such materials; and to display the United Way logo at those physical facilities housing programs receiving United Way support. Agency will abide by United Way's fund raising guidelines, with the exception that the prohibition on conducting any public fund raising activities above the $10,000 limit during the .Closed Period" (i.e., Labor Day until Thanksgiving) has been waived for the 1994 United Way/CHAD campaign. /!- Ÿ' 11. 3 12. To comply with the attached policy entitled, Donor Choice Promotional Guidelines (Revised For IT 94- ill (Page 5) . 13. To limit management and general administrative expense to 25% or less of the organization's operating expenses as verified by audit review. 14. To promptly notify United Way regarding any operational changes of a significant nature which may have an effect upon the conditions agreed to in this document or upon the Agency's relationship with United Way in general. SECTION VII - REPORTING AND ACCOUNTABILI1Y REQUIREMENTS The funded organization agree~: 1. To submit to United Way, at time(s) designated and .on forms furnished by Unitéd Way, fiscal, program and management information and to comply with the budgetary and allocation policies established from time to time by United Way as outlined in this Funding Agreement with United Way. Such information shall include but not be limited to: a) Statement of purpose and goals of each United Way funded program. b) Listing of measurable service objectives for each United Way funded program. c) Target population including demographic data and geographic area(s) to be served by each program. d) Program objective achievement report(s) which describes the accomplishments/impact of the United Way funded program(s) for a given period of time. e) A functionalized budget/actual financial report of the total revenue and expenditures of the Agency which clearly documents the expenditure and revenue of each program funded by United Way. SECTION VIII - CHANGES TO AND TERMINATION OF TIUS AGREEMENT The Funded Agency, in signing this Agreement and accepting the funds granted by United Way, also agrees as follows: 2. 1. AMENDMENTS. If, at any time during the life of this Agreement, it becomes necessary to change the scope of the services to be provided by this Agreement, the time period of the Agreement or the amount of money being allocated by United Way, such changes, after being mutually agreed upon by and between the Agency and United Way of San Diego.county, shall be effective when incorporated in written amendment to this Agreement. TERMINATION. The Funded Agency or United Way may terminate this agreement subject to the following procedures: a) The Funded Agency shall give United Way 60 days prior written notice, as authorized by the agency's Board of Directors, of termination of this agreement. Shorter notice may be given if mutually agreed upon by the Funded Agency and United Way. A-~7 4 b) This Agreement may be terminated by United Way during the term of this Agreement for any of the following reasons: . Failure of the Funded Agèncy to meet management, fiscal and/or service delivery intent and standards as agreed to in this Funding Agreement. . Violation of any other provision of this Funding Agreement by the Funded Agency. - Failure to demonstrate that United Way support is significant and essential for continued support of a program funded in whole or in part by United Way. . Determination that the agency no longer meets United Way certification standards. . Significant reduction in a program's support from sources other than United Way with the result that United Way's support of the program is insufficient to maintain the s,eIVices being provided. c) United Way shall give notice of termination or suspension of funding as follows: . Upon serious breach of this Funding Agreement, United Way shall have the right to immediately suspend the funding provided by this Agreement pending a full review of the matter. Resumption of funding will be dependent upon the results of such review. Permanent termination of funding must be enacted by the United Way Board of Directors. If the Board does terminate funding, the termination will be effective from the date of suspension of funding. . United Way, if so directed by the United Way Board of Directors, may terminate this Agreement at its convenience or for any reason named in item (b) above at any time by giving 60 days prior written notice to the Funded Agency of such termination. The Agency may appeal such action, provided it follows the conditions and process outlined in United Way's appeal procedure. d) This Funding Agreement will terminate at the end of its designated agreement period, and does not imply. that funding will be renewed. e) If this agreement is terminated prior to the end of the designated agreement period, United way will make every effort to eliminate the name of the Agency from promotional materials. If that'effort is unsuccessful, the inclusion of an Agency's name in campaign literature before or after the notice of intent to terminate shall not in any way create any rights for the Agency after the date of termination, with the exception of receipt of designations. Nothing iIi this Agreement shall require United Way to be financially obligated to distribute the agreed upon funds to an agency if sufficient funds are not available to fulfill that obligation due to unexpected collection and/or campaign losses. 3. ;If - K'f' 5 REFERENCE SECTION VI.12 - DONOR CHOICE PROMOTIONAL GUIDELINES (Revised for FY 94195) 1. 2. 3. 4. Agencies will be allowed to promote their agency to their constituent groups including volunteers, board members, current donors, service recipients and their families. Certified agencies as well as the CHAD agencies will be utilized by the Campaign Speakers and Tours Bureau. Agencies will comply with the following common message strategy related to co-marketing: . Give through the United Way/CHAD Campaign. . . You may exercise Choice (among the CARE choices)' '. . This is what our agency does and the results we achi~ve. ., . Whatever your choice, please give generously. Agencies may use all promotional media at their disposal to deliver the common message to any audience they deem appropriate. Such media may include newspapers, newsletters, special mailing, radio, TV, banners, posters, etc. During tours and workplace group meetings, agency representatives may discuss the CARE choices, but may not proactively solicit Specific Care designations for their agency. In response to an inquiry, however, agency representatives can state that their agency is eligible for designations and a donor may designate to their agency if they choose to do so. Agencies will not provide general distribution of agency literature at workplace meetings, but will be allowed to distribute printed materials when requested by the donor. Agencies will not seek separate and competitive access to the workplace for promotion of their agency or solicitation of designations for their organization. ,/I-f<i 6 Agreement to the provisions of this Agreement and its Attachments is indicated by the signatures below: FOR THE F1JNDED AGENCY: Signature: By: Name: Title: Date: ~I/)~LL Boys & Girls Club of Chula Vista By: (Fud<d ...oocy) Sue Welsh President (CJúd Vo""'= 00>=) July 6, 1994 FOR UNITED WAY OF SAN DIEGO COUNTY: Signature: By: Name: Title: Date: ^"\FNDAGBE.>4 ~~ United Way of San Diego County Howard Brotman Chairman of the Board ~u(', ? 5 1994 /1-90 Signature: ( Jj. ~~-L-- Boys & Girls Club of Chula Vis (F>uuIcd ..."",,) Name: 'w. Scott Mosher Title: Executive Director (Quo' ~",f~'" 0tIi=) Date: July 6,1994 Si~'_'~ By: United Way of San Diego County Name: Bruce R. Boland Title: President Date: AUG 2 5 1994 .- . United Way of San Diego County UNITED WAY OF SAN DIEGO COUN1Y FUNDING AGREEMENT AGREEMENT between United Way of San Diego County, and Bovs and Girls Club of Chula Vista (Corporate Name) Chula Vista, CA (City and State) 1301 Oleander Avenue (Address) 91911' (Zip' Code) SECTION I - PERIOD OF THIS AGREEMENT This funding agreement shall cover the period July 1, 1995 to June 30, 1996. \ SECTION II - ALLOCATION United Way agrees to allocate to Bovs & Girls Club of Chula Vista the following revised annualized amount(s) for the provision of specific program(s): Program Name United Way Allocation 1995/96 Oleander West Side SeIVices $ 22,705 15.494 TOTAL $ 38,199 As in the past years, actual payments will be contingent upon actual collections realized and campaign results. SECTION 111 - PAYMENT SCHEDULE The payment schedule for this period is provided in Attachment A and is to prevail unless revised by United Way. An adjustment will be made in the final payment to reflect any negative designations from the last campaign. SECTION N - OPERATING BUDGET The funded Agency's functionalized operating budget, including all program revenue and expense projected for the period of July 1, 1994 to June 30, 1995, will remain and be included as the official budget for 1995-96 unless otherwise revised. SECTION V - PROGRAM DESCRIPTIONS The 1994-95 program plan for each funded program, including description of clients to be seIVed, program Jbjectives and activities, and operating budget, will remain and be included as an official part of the scope of this contract unless otherwise revised. ./1- 91 SECTION VI - GENERAL PROVISIONS 2 In signing this Agreement and accepting the funds allocated by United Way the funded Agency agrees as follows: 2. 1. To operate within the spirit and conditions of this Funding Agreement. To maintain compliance with United Way Certification standards. 3. To comply with all applicable federal, state and local laws, rules and regulations; to meet applicable state and local standards for licensing and certification; and, to conduct its affairs in such manner as to remain exempt from both federal income tax under the provisions of Section 501(c)(3) of the Internal Revenue Code and the State Franchise Tax Board under the provisions of Section 237010 of the Revenue and Taxation Code. . 4. To function under the leadership and direction of an active volunteer Board of Directors; to maintain responsible management and to insure souná administrative and fiscal practices. If the Agency is the local arm of a statewide or national Agency directed by a state or national governing board or if it fulfills a specific mission of a local multi-mission Agency directed by a governing board, the Agency receiving United Way funding must have its own governing body as in a Board of Directors, Advisory Board or Council. 5. To provide United Way with a copy of its corporate articles, Bylaws, month of annual meeting, and list of Board of Directors. 6. To keep regular books of accounts in accordance with applicable laws and in accordance with generally accepted accounting principles for voluntary health and welfare organizations uniformly and consistently applied. 7. To provide to United Way a timely annual audit of the Agency's total financial operation certified to by an independent CPA firm. If the Agency's total annual operating budget is $100,000 or less, an annual Review by a CPA may be substituted. 8. To provide services without discrimination as to race, color, creed, gender, physical disability, or national origin and to submit to United Way a written Non-Discrimination Statement which clearly shows that it will operate without discrimination in the selection of Board, volunteers, committee members and in the employment of staff. However, nothing herein denies funding to an Agency which is otherwise eligibl~ merely because such an Agency is organized by, on behalf of, or to service persons of a particular race, color, religion, sex, national origin, age or disability. 9. To participate actively in promoting United Way's community fund raising by encouraging and enlisting the participation of its constituency and members in such activities and to conduct an annual United Way/CHAD fund raising campaign between its employees and Board of Directors. 10. To include in published materials such as letterheads, annual reports. and brochures, indication that it is receiving funds from United Way; to display the United Way logo in such materials; and to display the United Way logo at those physical facilities housing programs receiving United Way support. 11. Agency will abide by United Way's fund raising guidelines, with the exception that the prohibition on conducting any public fund raising activities above the $10.000 limit during the "Closed Period" (Le.. labor Day until Thanksgiving) has been waived for the 1995 United Way/CHAD campaign. /!- "j.... ", 4 b) This Agreement may be ternùnated by United Way during the term of this Agreement for any of the following reasons: . Failure of the Funded Agency to meet management, fiscal and/or service deliveI)' intent and standards as agreed to in this Funding Agreement. . Violation of any other provision of this Funding Agreement by the Funded Agency. . Failure to demonstrate that United Way suppon: is significant and essential for continued suppon: of a program funded in whole or in pan: by United Way. . Determination that the agency no longer meets United Way certification standards. Significant reduction in a program's suppon: from sources other than United Way with the result that United Way's suppon: of the program "is insufficient to maintain the services being provided. . c) United Way shall give notice of termination or suspension of funding as follows: . Upon serious breach of this Funding Agreement, United Way shall have the right to immediately suspend the funding provided by this Agreement pending a full review of the matter. Resumption of funding will be dependent upon the results of such review. Permanent termination of funding must be enacted by the United Way Board of Directors. If the Board does terminate funding, the termination will be effective from the date of suspension of funding. . United Way, if so directed by the United Way Board of Directors, may ternùnate this Agreement at its convenience or for any reason named in item (b) above at any time by giving 60 days prior written notice to the Funded Agency of such ternùnation. The Agency may appeal such" action, provided it follows the conditions and process outlined in United Way's appeal procedure. d) This Funding Agreement will ternùnate at the end of its designated agreement period, and does not imply that funding will be renewed. e) If this agreement is ternùnated prior to the end of the designated agreement period," United way will make eveI)' effon: to eliminate the name of the Agency from promotional materials. If that effon: is unsuccessful, the inclusion of an Agency's name in campaign literatUre before or after the notice of intent to ternùnate shall not in any way create any rights for the Agency after the date of ternùnation, with the exception of receipt of designations" 3. Nothing in this Agreement shall require United Way to be financially obligated to distribute the agreed upon funds to an agency if sufficient funds are not available to fulfill that obligation due to unexpected collection and/or campaign losses. /1- 9.3 6 Agreement to the provisions of this Agreement and its Attachments is indicated by the signatures below: FOR TIlE FUNDED AGENCY: Title S'í~~: Board President Title ~~~~ Executive Director By: Bovs & G(t;Q~~on~~ub of Chula Vista By: Bovs & Girls Club of Chula vi: (Funa'" ",on,,-, Name: catherine Jamison ~,Mtm~~ 7!¡o¡!Q5 Namè: W. Scott Mosher sig~ature ., ~ ,~ ~. . Î\ XW~: ~. ~. ~ ( ""'O<~MM'um~" Date: Date: 7/14/95 FOR UNITED WAY OF SAN DIEGO COUN1Y: Si'Mru'~ By: ~nired Wav of San Diego CountY ::"w,,~~" ~~ Kame: Richard W. Swear Name: Bruce R. Boland Tide: Chainnan of the Board Title: Presidenr Dare: ,OCT 2 0 19% Date: l_~:' 2 0 i'?95 ,. "'-^,;"'-,, A ~ r;' 0 UniliedWay of San Diego Col.nty . UNITED WAY OF SAN DIEGO COUNTY FUNDING AGREEMENT AGREEMENT between Un!ted Way of~an Diego County, and Bovs & Girls Club of Chula Vista (Cozporate Name) Chula Vista. CA (CiV and State) 1301 Oleander Avenue (Address)" - 91911 (Zip Code) SECITON I - DURATION OF f1JNDING It is the intention of the parties that funding will occur during the period of July 1, 1996 to June 30, 1998. SECTION II - ALLOCATION United Way agrees to allocate to Bovs & Girls Club of Chula Vista (hereinafter referred to as "agency") up to the following annualized amount subject to the provisions herein for the provision of specific program: ProS!:ram Name Annual Amount Youth Development $ 105,400 SECITON III - PAYMENTS TO AGENCY Funds awarded under this Agreement will be dispersed at varying levels on the 15th of each month reflecting United Way's cash flow. (See enclosed Payment Schedule - Attachment A) BeginninzJuly 1996, distributions will be at the 85% of the authorized funding level. In Octoberl996, payments will be adjusted as close as possible to the 100% level to reflect final campaign production. An adjustment will be made in the final payment each year to reflect any exclusionary designations from the last campaign. Funding beyond Year One will be adjusted up or down on an across the board prorata basis to reflect campaign production. An open competitive process will be implemented during the final year of the contract for future funding. Nothing in this agreement shall require United Way to be financially obligated to distribute the agreed upon fund~ to \n agency if sufficient funds are not available to fulfill that obligation due to unexpected collection and/or campaIgn losses. /1- ,~ Gi SEmON IV - OPERATING BUDGET c. The funded Agency's functionalized operating budget, including all program revenue and expense projected for the period of July 1 to June 30 or for such other current financial year as the Agency may use, is provided as Attachment B. SEmON V - PROGRAM DESCRIPTIONS The revised program plan for this pr08ram, including description of clients to be served, program objectives and activities, and program operating budget are on file at United Way and will be included as Attachment C as an official part of this contract. SEmON VI - GENERAL PROVISIONS The funded agency agrees to be strictly accountable for each and ever} section of the policy manual entitled "Policies Related to Agenci~" and included as Attachment D. ' SEmON VII - REPORTING AND ACCOUNTABILITY REOUIREMENTS The ~nded agency agrees to submit at designated tim~, program and management information as follows: 1. A current list of its board of directors with business affiliations 2. Date of annual meeting 3. An annual independent financial audit (Review permitted if budget is under Sloo,OOO) 4. Annual achievement reports on program accomplishments (Sample enclosed) . 5. An annual IRS Form 990 6. An Annual Report SEmON VIII - CHANGES TO AND TERMINATION OF TIiIS AGREEMENT AMENDMENTS. Amendments may be made to the agreement at any time by United Way through written notice to the agency. SUSPENSION OF fUNDS. Upon failure of agency to meet the conditions of this agreement, United Way shall have the right to immediately suspend funding pending a full review of the matter. Resumption of funding will be dependent upon the results of such review. If termination of funding is deemed permanent by the Board of Directors, the effective date shall be the date of suspension of funding. . TERMINATION. Either party may terminate this agreement at any time by giving the other party 30 days written notice of termination. United Way may also terminate this agreement for cause upon notice to the agency, with cause to include, but not be limited to, any of the following reasons: - Agency does not fulfill proposed program plan Agency does not adhere to each and every section of the Policies Relating to Agencies Manual - Violation of any other provision of this agreement by the agency If this agreement is terminated prior to the end of the designated agreement period, United Way will make every effort to eliminate the name of the funded name status of an agency from promotional materials. If timing prohibits this, the inclusion of an agency's name in campaign literature before or after the notice of intent to terminate, shall not, in any way, create any rights for the agency after the date of termination. This provision does not impact the flow of ð~signations. /1-9(, SEcnON IX - PUBLIC REPRESENTATION Each party of the agreement shall respect the other, neither will make negative public representation of the other. SEmON x - SIGNATURES This agreement and referenced attachments or inclusions contain the entire understanding of the parties hereto, with respect to the United Way of San Diego allocation. There is no other understanding, oral or written. FOR THE FUNDED AGENCY: s...w~ """'~ .~ By: - Boys & Girls Club of "..........~, Sign~ture~ w' Çhula Vista By: . Boys & Girls'C~ub of Chula Vis "........""" Name: Joanne Reel Title: President (OUJVo"'-Ot6oorl Date: 7/15/96 Name: W. Scott Mosher Title: Executive Director (OUJVo"""-Ot6oorl Date: 7/16/96 F SAN DIEGO COUNTY: s.o.m~ By: United Way of San DieSto Countv Signature: By: United Way of San DieSto Countv Name: Richard W. Sweat Name: Bruce R. Boland Title: Chainnan of the Board Title: President Date: JUL 2 6 1996 Date: JUL 2 6 1996 "-",\~-"\...,,,,,"697œ'" A - 9'1 to Unilõed Way of San Diego Couõty b;,' c~ . UNITED WAY OF SAN DIEGO COUNTY f1JNDlNG AGREEMENT AGREEMENT between United Way of ~an Diego County, and Bovs & Girls Club of Chula Vista (Corporate Name) 1301 Oleander Avenue (AddI"'-ss) Chula Vista. CA (City and State) 91911 (Zip Code) SECTION I - DURATION OF f1JNDlNG It is the intention of the parties that funding will occur during the period of July I, 1996 - June 30, 1998. SECTION II - ALLOCATION United Way agrees to allocate to Bovs & Girls Club of Chura Vista (hereinafter referred to as "agency") up to the following annualized amount subject to the provisions herein for the provision of specific program: Proozram Name Annual Amount ¡.earning Centers 565,000 S~CTTIJN I!I - PAYMEI'!TS TO "'G~j\!CY Funds awarded under this Agreement will be dispersed at varying levels on the 15th of each month reflecting United Way's cash flow. (See enclosed Payment Schedule - Attachment A) Beginning Jury 1996, distributions will be at the 85% of the authorized funding level. In October1996, payments will be adjusted as close as possible to the 100% level to reflect final campaign production. An adjustment will be made in the final payment each year to reflect any exclusionary designations from the last campaign. Funding beyond Year One will be adjusted up or down on an across the board prorala basis to reflect campaign production. An open competitive process will be implemented during the final year of the contract for future funding. Nothing in this agreement shall require United Way to be financially obligated to distribute the agreed upon funds to an agency if sufficient funds are not available to fulfill that obligation due to unexpected collection and/or campaign 'osses. /1- 'If(' . " l:,1 SECI10N IV - OPERATING BUDGtT c' The. funded Agency's functionalized operating budget, including all program revenue and expense projected for the penod of July 1 to June 30 or for such other current financial year as the Agency may use, is provided as Attachment B. SEcnON V - PROGRAM DESCRIPI10NS The revised program plan for this pr08ram; including description of clients to be served, program objectives and" activities, and program operating budget are on file at United Way and will be included as Attachment C as an official part of this contract. " SEcnON VI - GENERAL PROVISIONS The funded agency agrees to be strictly accountable for each and every"section of the policy manual entitled "Policies Related to Agencies" and included as Attachment D. " SEcnON VII - REPORTING AND ACCOUNTABILITY REOUIREMENTS The funded agency agrees to submit at designated times, program and management information as follows: 1, A current list of its board of directors with business affiliations 2. Date ofimnual meeting 3. An annual independent financial audit (Review permitted if budget is under $100,000) 4. Annual achievement reports on program accomplishments (Sample enclosed) 5. An annual IRS Form 990 6. An Annual Report SEcnON VIII - CHANGES TO AND TERMINATION OF THIS AGREEMENT AMENDMENTS. Amendments may be made to the agreement at any time by United Way through written notice to the agency. SUSPENSION OF FUNDS. Upon failure of agency to meet the conditions of this agreement, United Way shall have the right to immediately suspend funding pending a full review of the matter. Resumption of funding will be dependent upon the results of such review. If termination of funding is deemed permanent by the Board of Directors, the .effective date shall be the date of suspension of funding. n:RIviiNATION. Either party may terminate this agreement at any time by giving the other party 30 days written notice of termination. United Way may also terminate this agreement for cause upon notice to the agency, with cause to include, but not be limited to, any of the following reasons: - Agency does not fulfill proposed program plan Agency does not adhere to each and every section of the Policies Relating to Agencies Manual - Violation of any other provision of this agreement by the agency If this agreement is terminated prior to the end of the designated agreement period, United Way will make every effort to eliminate the name of the funded name status of an agency from promotional materials. If timing prohibits this, the inclusion of an agency's name in campaign literature before or after the notice of intent to terminate, shall not, in any way, cre:lte :lny rights for the :lgency after the date of termination. This provision does not impact the flow of ;ignations. /I -9'1 SECDON IX - PUBLIC REPRESENTATION Each party of the agreement shall respect the other, neither will make negative public representation of the other. SECDON X - SfGNATIJRES This agreement and referenced attachments or inclusions contain the entire understanding of the parties hereto, with respect to the United Way of San Diego allocation. There is no other understanding, oral or written. FOR THE ruNDED AGENCY: s.,.ru~ ,,'-~, , ~ \ B~ Boys & Girls Club of IT""""""",,) Signature: w.~"'M~ Chula Vista By: ..sovs & Girls Cll1h nf C'htIl" Vist IT"""""""") Name.: Joanne Reel Name: W. Scott Mosher Title: President (OUoIV,h.-Offioorl Title: ExectItivl!' D;r",,¡-nr (OUoIV,¡..._Offi<o<) Date: 7/15/96 Date: 7/15/96 By: United Way of San Dies:o County ';'",rure~~ By: United Way of San Dles:o County , FOR UNITED W/A OF SAN DIEGO COUNTY: Signature: I ~ ~ ~ Name: Richard W. Sweat Name: Bruce R. Boland Title: Chairman of the Board Title: President Date: JUL 2 6 1996 Date: .IIIL261996 ,',_""',~-"",..,....."",~~ A-tO f) 1996-97 Competitive Funding Proposal Cover Form-Collaboratlons Form F-\:. \J \ S E ~ .. UNITED WAY OF SAN DIEGO .. . . COLLABORATION INFORMATION PLEASE COpy THE LEAD/FISCAL AGENCY CODE HERE .4 DIGIT AGENCY CODE > GJ:JI1@ 100% 4 DIGIT AGENCY CODE (IF APPLICABLE) ~ .............,.................... ............,.......................... PLEASE CHECK TO SEE THAT THE SUM OF FUNDING FOR LEAD FISCAL AGENCY AND ALL THE COLLABORATIVE PARTNERS EQUALS THE TOTAL FUNDING AMOUNT LISTED ON APPENDIX C-1 FOR ADDITIONAL PARTNERS, ATTACH ADDITIONAL PAGE(S) . PAGE...L OF ,L - 10 I . 9QFDCFP . 1996-97 Competitive Funding Proposal Cover Forrn-Collaboretlons Form F-t \} \ S E (8, I UNITED WAY OF SAN DIEGO ",.', ",','" . "'.',',,.,,:COlLABORATIONINFORMATION PLEASE COpy THE LEADIFISCAL AGENCY CODE HERE 4 DIGIT AGENCY CODE 1~ 100% 4 DIGIT AGENCY CODE (IF APPLICABLE) ~ ..,......,...,....,..........................................................................,.......................................,.........................,.............. PLEASE CHECK TO SEE THAT THE SUM OF FUNDING FOR LEAD FISCAL AGENCY AND ALL THE COLLABORATIVE PARTNERS ~ THE TOTAL FUNDING AMOUNT USTED ON APPENDIX C-1 FOR ADDITIONAL PARTNi:RS. ATTACH ADDITIONAL PAGE(S) PAGE .2... OF L II-I () ~ . 1996-97 Competitive Funding Proposal Cover Form-Collaboratlons Form F-\=. \J \ S E ~ '.' UNITED WAY OF SAN DIEGO , . . " ,'. , " ' . ' COLLABORATION INFORMATION PLEASE COpy THE LEADIF1SCAL AGENCY CODE HERE 4 DIGIT AGENCY CODE 1~ 100% 4 DIGIT AGENCY CODE (IF APPUCABLE) DID """"""""""""""""""""""""""""""""""""""""""""""""""",""""'m""""""'mm""m"""',"""""',"',,".m"""""......................... PLEASE CHECK TO SEE THAT THE SUM OF FUNDING FOR LEAD FISCAL AGENCY AND ALL THE COLLABORATIVE PARTNERS EQUALS THE TOTAL FUNDING AMOUNT USTED ON APPENDIX C-1 FOR ADDITIONAL PARTNERS, ATTACH ADDITIONAL PAGE(S) PAGE"LOF¿ /I-/().3 . . . PROPOSED 1 Z-MOI'ffit BUDGET BY STRATEGY 1996-97 - FORM F-4 -- PLEASE TYPE ALL YOUR RESPONSES \ S E. u- L!:ADAGENCY Boys & Girls Club nocltAM1TrLE Learning ~Es \ 100% I I Chula vista I DIGrrCODE 6128 SE1tVlCEsntAT£GYCODE (5 DIGITS) CHI3A . PLEASE NOTE . 2100 2200 2300 F~it "OTIIU" sntATtCttS, USE APPtNDlX F.2 Salaries ---------..-------------..---... Employee Bcndits-------- P")'roIlTa:= -..------- 2<00 TOT At SAUJtY EXl'£NSES.- ÄJ 2= 2700 uoo 3000 3100 3Z00 3300 3= <300 <900 p",r.,,;oc.d F= Supplios- 1WUog..to Shippiog-------------------- O=u poncy ---------- ---------- In 1=<.---------------------------- Printiog .to Publiw"",--:-----------_._------- T, "" <1--------------- ----------- Ccnt==.to Mo:ting>----------------------------- S¡><cUI /=t. I<> Individ.w_-___---------------------- Üuipmcnt Rontili.to M.oint=-n=---------...-------.------.. TOTAL NON-SAlAItY £XP£NS£S-.---.----------'-----------"-- Mi3=I Lon '" =------ ---------------- B) C) TOTAL DI= SElMa: £XI'£NSES (A+B)_------------------------ DJ TOTAL ADMINISTRATIVE AND FUND RAISING £X?£NSES CHARGED TO PROGRAM --- SUPPOItT .to !ŒY1:NUE E) TOTAL £XI'!:NSES (C+DJ--- 0110 (),OO 1000 1100 1300 1600 2000 S¡><cUI Events/Contributions (In<1udd UW d<4o.tions)----- Itcvenuo ñ-om RonLlSal. or Inv"I<><Î"-------.-------':"""'-'-- Govornment Contnòutio<u CF= .to G,..ts)_.._------------ Mombonhip = and As>=mon"------- Progum Sorvioe ...,..... (F=)----- Invortmont In<erne (s.ving> .to Sc:u<Îti" ...,oouo) 1700 Foundation/Co,!","" Crants_-- 1900 uw or SD Pros"'" Fundiog_- Other.:---- TOTAL SUPPOItT AND IŒVENUE.----------' '1 II /1- 10 Ý 1996-97 PROPOSED 247,400 32,560 36,080 326,040 13,200 17,600 4,400 52,.800- -0- 6,600 -0- 3,960 -0- 6,600 -r1- 105 160 431,200 -r1- 431,200 264,000 -0- -0- 18,480 12,320 -0- 70,400 65,000 1,000 431,200 . . UNITED WAY OF SAN DIEGO 1996-97 Competitive Funding Proposal Cover Form-Collaborations Form FoE \} \ s E. ,l¡ ""'" , ",'~ .' ' , . COLLABORATION INFORMATION PLEASE COpy THE LEADIFISCAL AGENCY CODE HERE 4 DIGIT AGENCY CODE ~.[{JLG]L] 100% 4 DIGIT AGENCY CODE (IF APPUCA8LE) IiliGJJ "..,..,..'..........................................................................................................................................................,..........., PLEASE CHECK TO SEE THAT THE SUM OF FUNDING FOR LEAD FISCAL AGENCY AND ALL THE COLLABORATIVE PARTNERS EQUALS THE TOTAL FUNDING AMOUNT USTED ON APPENDIX C-1 A-IDe. FOR ADDITIONAL PARTNERS, ATTACH ADDITIONAL PAGE(S) PAGE - OF - B ""on,..."" . . UNITED WAY OF SAN DIEGO Fo~ ~ 1996-97 COMPETITIVE FUNDING PROPOSAL COVER COVER FORM. STRATEGIES R t:.' \ S E. O. ..>. .... DEMOGRAPHIC INFORMATION .. . REMEMBER. USE ONE PAGE(C-2\ FOR EACH 0lS CODE YOU HAVE CHOSEN 4 DIGIT AGENCY CODE >~ OIS CODE G:GWlW 100% ~1!1ç.~'.jll~:~~t[FL~~)Bltl AFRICAN AMERICANIBLACK NORTH COUNTY WEST BELOW POVERTY LEVEL ITIIIGGGJ ~ ~ AMERICAN INDIAN NORTH COUNTY EAST UP TO 25% ABOVE POV. LEVEL 5 - 9 [JJ]JI[ili] ITIIILQ2IL]. ITIJJ2IdillJ ~ ~ ~ 25%IMORE ABOVEPOV. LEVEL 10.17 LLLLLl2LlliJ LLULlLlLl:LJ DIIJZI:£IL] DJ:II:iliGQ WHITE EAST COUNTY TOTAL'. 18-54' .. ~ ITIIIJiGJXJ ~ ~ LATiNO/HISPANIC CENTRAL COUNTY 55.74 ~ ITIIILIÆMJ ~ OTHER SOUTH COUNTY ~ 75 + ~ CTIIDLIQ] ~ CIIIllJill IF'OTHER',PLEASESPECIFY TOTAL' ~ TOTAL- I I~TOTAL' ~ . :AL' ITIIIIIII ~ ~ 0-4 ~ .. ...:PROPO~!\~Sü"MMARY (PLEASE TYPE A SUMMARY OFTHE,PROPOSAL IN THESPACE PROVIDED) The Youth Development program at the 13 Boys & Girls Club organizations throughout San Diego will provide a wide array of developmental oppor- tunities, activities and experiences to help youth become more respon- sible and self-sufficient, while enhancing their sense of belonging, usefulness, competence and influence. While accomplishing these objectives, particular skills will be taught to help 5,652 youth from primarily culturally diverse, low income families become successful adults. A-IOS- Boys & Girls Club of Chula vista AGENCY NA:1E W. Scott Mosher PREPARED BY: . 96FDCFP2 . I UNITED WAY OF SAN DIEGO 1996-97 Competitive Funding Proposal Cover Form-Colleboratlons FonnF-~ \} \ S E~ COLLABORATION INFORMATION PLEASE COpy THE LEADIFISCAL AGENCY CODE HERE 4 DIGIT AGENCY CODE 1~ 100% 4 DIGIT AGENCY CODE (IF APPUCABLEj ~ ................................................................................................................................................................................................................................... PLEASE CHECK TO SEE THAT THE SUM OF FUNDING FOR LEAD FISCAL AGENCY AND ALL THE COLLABORATIVE PARTNERS ~ THE TOTAL FUNDING AMOUNT USTED ON APPENDIX C-1 A-/o7 FOR ADDITIONAL PARTNERS. ATTACH ADDITIONAL PAGE(S) - PAGE 2..... OFL II c<~",..~" . . UNITED WAY OF SAN DIEGO 1996-97 Com~tltlve Funding Proposal Cover Fonn-Collaboratlons Form FoE \I \ .S E. q. . , , ' . ,,',' .' ',' . " ' " COLLABORATION INFORMATION .. " PLEASE COpy THE LEADIFISCAL AGENCY CODE HERE 4 DIGIT AGENCY CODE ¿ ITGIa 100% 4 DIGIT AGENCY CODE (IF APPLICABLE) ITIIJ ..,......."........, PLEASE CHECK TO SEE THAT THE SUM OF FUNDING FOR LEAD FISCAL AGENCY AND ALL THE COLLABORATIVE PARTNERS EQUALS THE TOTAL FUNDING AMOUNT LISTED ON APPENDIX C-1 A-/oi FOR ADDITIONAL PARTNERS, ATTACH ADDITIONAL PAGE(S) - PAGEL OF.L II 96FDCFP . I UNITED WAY OF SAN DIEGO Fc~ \} \ S E. U. '~~.'EnTIV' ru,o"G "O'O'ACcO'~ co.,. ru.M "'-,.~~ f\ \::." . . .. ...... .. . . DEMOGRAPHIC INFORMATION REMEMBER. USE ONE PAGE(c-2) FOR EACH CIS CODE YOU HAVE CHOSEN CIS CODE ~ '100% 11.ijü~~].- AFRICAN AMERICANI8LACK NORTH COUNTY WEST BELOW POVERTY lEVEL 0 - 4 . ITIIILIiliJ ~ ~ DIIJTIQE] AMERICAN INDIAN NORTH COUNTY EAST UP TO 250/, ABOVE POV. lEVEL 5 - 9 ITIIIIJlli] ITIIII2J:W ITIJIIdJX] ~ ~~.~ 10-17 L.LLL..L.L.lill LLL..L..LLJ2J.X ~ DIIIJ2GIJ WHITE EAST COUNTY TÒTAL'" 18-54'" ' CIIII:IZGQ CCIJIILQ ITIIJ:LJLQ ITIIIEill LATlNOA-USPANIC CENTRAL COUNTY 55 - 74 ~ ITJJ:IJ:iliQ ITIIIEill OTHER SOUTH COUNTY FEMALE ITIJIEK] ~ ~ ~ r 'OTHER', PLEASE SPECIFY I ~ ~ TOTAL . CIIJJJJ2IQQ TOTAL' [[[[[LGGG] .rAl' ~ .... .... PROPOSAL SUMMARY (PLEASETYPE A SUMMARY OF THE PROPOSAL IN THE SPACE PROVIDED) The Learning Centers at the 13 Boys & Girls Club organizations through- out San Diego County offer informal education and training programs to 1,400 youth who are primarily culturally diverse and from lower income families. One of the primary tools utilized is Power Hour, a regimented program including components in homework, tutoring and educational enhancement activities. Through the involvement with the Learning Centers, students are provided a better opportunity to achieve their educational potential. If -I 0'1 Boys & Girls Club of Chula vista AGENCY Nk'!E W. Scott Mosher PREPARED BY: II 96FDCFP2 . . PROPOSED 12-MONTII BUDGET BY STRATEGY t 996-97 PLEASE ¡YPE ALL YOUR RESPONSES I..!:ADACENCY Boys & Girls Club of nocRAM'IlTU:Youth DeVe~E.t I I Chula vista I I DlcrrCODE 6128 SUVlCESTIlA'TWYCODE(SDlCITS) CHI1A FORM F-4 011 \J \ S E. 100% . PLEASE NOTE . 2100 2200 2300 A) reI< "OTHU' STIlATECIES, USE AP!'I:NDIX F-2 s.J.nd --------'--'--""-'----"'-"-'-"-'------ Employee Bcndi".--__-..--.-------------- Payroll T.... ---------------- TOT At sALAXY tXP!:NS""' 2-100 2500 2700 Z8OO 3000 3100 3Z00 3300 3500 <300 <900 8) Prot=ion..J F= Supp!!=-.. lWUge" Shipping.___--.------..-. Occupancy ----------.---...---------..-.-. In t=L.- ---"'-'---' -----...-----.---. ..-----.- ----...- Prin6ng .. Publiwio,,",.___----...-...--..------ T r r< d... ----.-- .--..--. --..... --.--..--..---..---.- Ccnf== .. Alee6ns>-._......-.-..--.----..-----.---...... Specw Am. 10 Individ.w..._.._.-.....---..--..-.--.------.-..-.. E<¡uiprncnt "'=>tili .. MUnt"".",:.e__..___-.--..-.--..-......--.--..- Mi=lI..n«>=..___..---.-- .-.-... ------------------- TOTAL NON-SAUItY EXPrNSES._...._...------.--.-.---.-..-------.-- C) TOTAL DI= SEI<V1Œ EXPrNSES (A+8)---_--...----...-...-.. D) TarAL ADMINISI1<ATM: AND fUND "-'ISING D:PrNSES CHARGWTO PROGRAM --... SUP1'OIIT .. a.¡;v¡;NUE E) TOTAL DCP!:NSES (C+D)----------------- OtIC ()<OO 1000 tIOO 1300 1600 1700 1900 2000 Speci.o1 Even"ICcntribu6on.o (lndude> UW dcñgn.otiow). !«venue from i«nLls.!e ot InvenlOri"'..-._.-.-------.--..--..-"":"-.-.-. Government Ccntributio,,", (F=" Cun")._._-.....-...--..---------.. Me.mbcnhip Du", and A==n<n".--.--...---- Program Servie< Kovenue (F=)---------------- Investment Income (s.ving.s.. Securi6", Kovenue)_-- Foundotion/Cc'J'Or.ote Grants..........----._---- uw or SD Program Funding. TOTALSUP1'OIIT AND IŒVi:NUI:.--_---...---..-.-...-.-..------. Other -'-.-.-----.-..----------.- n II 11-110 1996-97 PROPOSED 566,400 82,560 74,544 723,504 28,800 38,400 9,600 115,200- -0- 14 400 _n 9 600 _n- 14 400 -0- 230,400 953,904 -0- 953,904 467,500 -0- -0- 48,000 163,004 -0- 163,200 105,400 6,800 953,904 . CURRENT FUNDING PROPOSAL !f¡ -U~ITED WAY OF SAN DIEGO 1996-97 CompetitIve FundIng Proposal Cover Form Form F-1 MARKING EXAMPLES I ~ , PROPOSAL INFORMATION Is this e collaborative proposal? (Check one) . YES a-NO CONTACT PHONE NUMBER If you circled "yes", please answer the following questions: '. [jEIJJ - ~ What type of organizations ere you collaborating with? . United Way certified agency a Other non-profit 4 DIGIT AGENCY CODE OIS CODE 1 ~ ~ Chula Vista What is the nature of the collaboration? a Financial a NDn-Financial(eg. program) OIS CODE 3 OIS CODE 4 OIS CODE S DIIIJ DIIIJ DIIIJ a Other organization a Combination of some/all . Both PROPOSAL TITLE & FUNDING AMOUNT REQUESTED AUTHORIZED SIGNATURES J!::c6( ~ ~-6-9b Date (,l),,~~~ :;1,("-9(,, Executive Director Date PROPOSAL SUBMISSION DEADLINE PLEASE SUBMIT FIFTEEN (15) COPIES OF THIS PROPOSAL NO LATER THAN 4:30 P.M. ON THURSDAY. FEBRUARY 8, 1996 TO: United Way of San Diego County, Funds Distribution & Agency Relations Divison 4699 Murphy Canyon Road P.O. Box 23543 San Diego, CA 92193 . 96FDCFP Proposal Received on (Date): A -III By (Initials): Page 1 . Yooth Development Table of Contents Proposal Cover Form (Form F-l) 1 Table of Contents 2 Proposal Cover Form-Strategies (Form F-2): O/S Code CHIlA 3 Proposal Cover Form-Collaborations (Form F:3) , 4-6 Narrative: O/S Code CHIlA 7-13 ,Program Budget Form (Form F-4): O/S Code CHIlA 14 Proposal Cover Form-Strategies (Form F-2): O/S Code CHIlB 15 Narrative: O/S Code CHIlB 16-19 Program Budget Form (Form F-4): O/S Code CHIlB 20 Collaboration-Letters of Agreement 21-33 Page 2 A-II ~ II UNITED WAY OF SAN DIEGO Form F.2 I '996-97 COMPETITIVE FUNDING PROPOSAL COVER COVER FORM - STRATEGIES DEMOGRAPHIC INFORMATION 4 DIGIT AGENCY CODE CIS CODE 7~ ~ I. :i:;;ETHNICitY "II;j~;;g~q~~¡':~~ I. . 'I~Þo~..Ê\:;;:'.'i:;;1 I'i;;:?! ;;';'HAgê;;': . I AFRICAN AMERICANIBLACK NORTH COUNTY WEST BELOW POVERTY LEVEL, 0 . 4 ; ~ ~ ITIJJillIill [JJ]]IIili] I AMERICAN INDIAN NORTH COUNTY EAST UP TO 25% ABOVE POV, LEVEL 5 . 9 DIllJiliI1J ~ ITJ:IJ:mIlliJ ~ ~~~~j êIT:IITImillJ ~ Eò::ImJIDm ò'J::I::rJ:zJmJ . LATINOIHISPANIC CENTRAL COUNTY 55 - 74 I ~ ITIJ:JillIID] ~ ¡ OTHER SOUTH COUNTY FEMALE I ~ [[[IE]]Jili] CJIillTIIill] ITIIIrIJ:g I IIF 'OTHER', PLEASE SPECIFY I ~ ~ ~ : TOTAL' ~ OTAL' ~ CIIJillIiliIlJ REMEMBER. USE ONE PAGECC-2) FOR EACH OIS CODE YOU HAVE CHOSEN PROPOSAL SUMMARY (PLEASE TYPE A SUMMARY OF THE PROPOSAL IN THE SPACE PROVIDED) The Youth Development program at the 13 Boys & Girls Club organizations throughout San Diego County provide a wide array of opportunities, activities and experiences to help youth become more responsible and self-sufficient, while enhancing their sense of belonginr usefulness, competence and influence. While accomplishing those objectives, particular skills are taught to help over 23,000 youth from primarily culturally diverse, low income families become successful adults. I . 96FDCFP2 /1-11.3 Page 3 . ,I!I UNITED WAY OF SAN DIEGO 1996-97 Competitive Funding Proposal Cover Form-Collaborations Form F-3 COLLABORATION iNFORMATION PLEASE CDPY THE LEADIFISCAL AGENCY CODE HERE 4 DIGIT AGENCY CODE 1~ 4 DIGIT AGENCY CODE (IF APPLICABLE) [illßlli] PLEASE CHECK TO SEE THAT THE SUM OF FUNDING FOR LEAD FISCAL AGENCY AND ALL THE COLLABORATIVE PARTNERS EQUALS THE TOTAL FUNDING AMOUNT LISTED ON APPENDIX C-1 FOR ADDITIONAL PARTNERS, ATIACH ADDITIONAL PAGE(S) PAGE -L OF..2 A -11'1 1\1 S6FDCFP- PAGE 4 I .. UNITED WAY OF SAN DIEGO 1996.97 Competitive FundIng Proposal Cover Form.Coliaborations Form F.3 COLLABORATION iNFORMATION PLEASE COpy THE LEADIFISCAL AGENCY CODE HERE 4 DIGIT AGENCY CODE 1 cmJIŒ] 4 DIGIT AGENCY CODE (IF APPLICABLE) fŒ@[1] PLEASE CHECK TO SEE THAT THE SUM OF FUNDING FOR LEAD FISCAL AGENCY AND ALL THE COLLABORATIVE PARTNERS EQUALS THE TOTAL FUNDING AMOUNT LISTED ON APPENDIX C-1 FOR ADDITIONAL PARTNERS, ATTACH ADDITIONAL PAGE(S) PAGE.z..OF~ A-II~- . S6FDCFP PAGE 5 I ,II UNITED WAY OF SAN DIEGO 1996-97 Competitive Funding Proposal Cover Form-Collaborations Form F-3 COLLABORATION iNFORMATION PLEASE COpy THE LEADIFISCAL AGENCY COOE HERE 4 OIGIT AGENCY CODE 1~ 4 DIGIT AGENCY CODE (IF APPLICABLE) [illßJiJ PLEASE CHECK TO SEE THAT THE SUM OF FUNDING FOR LEAD FISCAL AGENCY AND ALL THE COLLABORATIVE PARTNERS EQUALS THE TOTAL FUNDING AMOUNT LISTED ON APPENDIX C-1 FOR ADDITIONAL PARTNERS, ATTACH ADDITIONAL PAGE(S) PAGE3..0F~ /I-lIto II 96FDCFP PAGE 6 I Youth Development Narrative Outcome Addresses: Investing in Youth & Children - Self Sufficiency Strategy: Prevention "Youth Development Strategy" O/S Code: CHIlA Committed to a vision where all children and youth have opportunities to develop to their full potential by reaching and maintaining their highest level of independence and health. This is particularly espoused for culturally diverse, lower income individuals, which constitutes the primary population of thosé served. By participating in the Youth Development program, youth will become more , responsible self-sufficient adults. Group activities that are guidance based and develop in each child a sense of belonging, usefulness, competence and influence. Introduction: Through a guidance based philosophy Boys & Girls Clubs help youth of all backgrounds, with special concern for those from disadvantaged circumstances, build self esteem and develop the qualities needed to become responsible citizens and leaders. Group activities that are guidance based and develop in each child a sense of belonging, usefulness, competence and influence have been the experience of Boys & Girls Clubs for over 135 years. The Club organizations of San Diego County continue to meet high National Boys & Girls Clubs of America Standards of operation and quality programming. Clubs are currently serving over 23,000 children at 28 location. The Clubs of San Diego County have a strong history of collaboration that has been recognized by our National organization for our ability to make greater strides together. Our local Clubs are experienced collaborators, currently participating in other countywide programs such as a Weingart Foundation grant and an national pilot program for the training of Middle Manager. Values & Guidelines: Boys & Girls Clubs principles include serving youth of all races, religions and ethnic cultures. We offer a varied and diversified program that recognizes and responds to the collective and individual needs of girls and boys. Our mission is to provide the youth a safe and secure environment which meets their physical, mental, emotional, and social needs through programs under the supervision, guidance and leadership of trained professional staff. Page 7 A-II? Target Population: The Clubs will specifically address the outcome of providing guidance toward developing seU sufficiency in children form 6 - 17 years old at 28 service sites throughout San Diego County. Currently, over 23,000 youngsters, who are primarily from culturally diverse, low income households, benefit from the Youth Development program. Service Provider Information: All 13 organizations of Boys & Girls Clubs of San Diego County have collaborated to derive additional strength and greater .impact from the sharing of our staff's varied knowledge and abilities, assorted facilities' and training resources on a county wide basis. Through Collaboration the Boys & Girls Clubs will provide a consistent continuum of quality youth development services throughoút San Diego , county. 6124 Boys & Girls Club of Carlsbad 6128 Boys & Girls Club of Chula Vista 6161 Boys & Girls Clubs of East County 6131 Boys & Girls Club of Escondida 6136 Boys & Girls Club of Fallbrook 6139 Boys & Girls Club of Imperial Beach 6166 Boys & Girls Clubs of National City 6142 Boys & Girls Club of Oceanside 6144 Boys & Girls Club of Ramona 6168 Boys & Girls Clubs of San Diego 6146 Boys & Girls Clubs of San Dieguito 6154 Boys & Girls Club of San Marcos 6159 Boys & Girls Club of Vista Lead person: Scott Mosher Fiscal agent: Boys & Girls Club of Chula Vista Authority to work as a collaboration was granted by the Board of Directors of each Boys & Girls Club in San Diego County in an effort to better serve children. Program Description: Activities & Methods Boys & Girls Clubs serve youth ages 6-18 in facilities that operate on an "open door" policy providing core programs using the Youth Development Strategy. Based on the "open door" policy and proactive recruitment efforts, of the over 23,000 youngsters who are served, over 50% are culturally diverse and over 65% are from low income families. Page 8 ,A-Ilf It is this Strategy in conjunctiòn with the programs that produce the Outcome of Self-sufficiency in children. Other Boys & Girls Club programs are just good recreational programs when conducted without employing this Strategy. The Boys & Girls Club setting and philosophy is where the impact and value occurs. That is why the Clubs have such an impact on youth delinquency, truancy, academic performance, etc.. The Six Core Areas the Clubs employ this Strategy in are: . Personal and Educational Assistance' . . Citizenship and Leadership Development . Cultural Enrichment . Health and Physical Education . Social Recreation . Outdoor and Environmental Education When children participate, the primary value of the Boys & Girls Club experience comes from the interaction with staff who incorporate the Youth Development Strategy in all their dealings with children. Youth Development Strategy works in the following way: Boys & Girls Clubs are membership organizations with dues so low that no child will ever be excluded from participation because of an inability to pay. This instills a sense of Belonging. This isn't someone else's place - its their Club. Members know this because they have a membership card which says so, and staff tell them this regularly. Members check in when they arrive at the Club. Someone greets them by name. Staff is happy to see them some to the Club each day. Throughout the course of the day, they will be greeted and invited to participate in activities by staff throughout the building. This instills a warm, comfortable, safe feeling -- one of belonging. A child isn't invited to participate because their presence is essential to the success of the arts & crafts project of the day, or the games the group will be playing, but because a significant person, an adult, would like to spend some time with him or her. The sense of belonging is further enhanced through participation in Group Clubs, having T-shirts, patches or other items with the Boys & girls Club name on them. The sense of belonging emanates from the staff and the people at the Club. It is an emotional connection a child establishes with the staff and ultimately the Club in general. Page 9 ¡'I-II 'I Usefulness is instilled in members through the interaction between children and the staff in the club each day. Children love to help. The Clubs are not too busy to allow a child to help. It's a place where children come first and everybody's business is the children, Children can help staff work on projects every day. Children can help staff make samples for display in the arts & crafts or in woodshop. If they like their work and decide to take it home, that's OK. k If they can't do really good work yet, that's OK too, the staff will help them. In the gamesroom children can help keep the room clean, check games to make sure all the pieces are there, brush the pool tab1es, wipe the counter tops, write in names on a tournament sheet, etc. In group Club meetings, children can take minutes, set up chairs, make sure the. room is ready, get the attendance book for the group, get materials for the meeting, etc. Every child can feel they have contributed to the success of the day, the activity, the event. A sense of usefulness also comes out of community service projects. Visiting people in a nursing home, working on a community beautification project, visiting children in a hospital ward and so on. The biggest sense of usefulness comes form the interaction between the staff and a child on a daily basis. Big events contribute to the total package, but the most significant component is the building of relationships which occur day in and day out at all Boys & Girls Clubs across the county. A sense of Influence is established through daily, informal conversation with members. For example, feedback from members is solicited in determining scheduled and activities. A competent staff will constantly ask children what they think, what they want and then act on the information they receive. If a child is asked for direction, and staff follows up on the suggestion, the child feels, and rightly so, that their opinion is valued and is important. If this type of interaction takes place over an extended period of time, children will naturally feel they have influence in their Club and feel they are a valuable part of their Boys & Girls Club. A sense of Competence is also developed as a result of daily involvement with activities and staff. Boys & Girls Club professionals look for successes, no matter how small and build on them. Simple but honest compliments help children feel they have done well. With a little effort, things can be found in which any child can be successful t!;tanks to the diversity of our r.rogram. Page 10 )1./ %.0 Sometimes a sense of competence is established because of a concerted effort and mastering new skills develops a great feeling in all people. In Boys & Girls club, there are endless opportunities to help children develop skills. For example, members have an opportunity to learn or enhance computer skills or math capabilities through educational services. Every time a child can successfully tackle a challenging task, their sense of competence is enhanced. Even more so when a trained and caring staff watches for opportunities to reinforce these successes and cçngratulate or support children while they are working on a task or after they have done so. Boys & Girls Clubs are unique in that children come to the Club because it is fun, their friends are there and they feel safe, comfortable and secure there. Boys & Girls Clubs exist to help children develop the skills necessary to grow into happy, contributing adults and responsible citizens and leaders. Children come to the Club because our program is so diverse and exciting and there is something of interest for every child - the athlete, the artist, the shy, the lonely, the popular, the directionless, the neglected, etc. Once they get there, our highly skilled staff uses every opportunity to help children grow up to be productive, well adjusted adults. The important work takes place below the surface with the emotional connection between a child who needs a friend and a staff member who is far more that a friend. Our staff shape the future of children and help them reach a better way of life without the children ever really knowing that they are immersed in a process of youth development. In addition to the overall Youth Development Strategy, many specific programs and activities are used to combat gang violence, substance abuse and general delinquency. Through formal and informal counseling and training, young people are provided the tools to become productive and successful adults. Funding Leverage = United Way support provides the initial support to programs with can then leverage additional community support to increase services. United Way agency qualification and monitoring assure Donors that certain standards have been adhered to. .. Page 11 A-/:LI Monitoring & Evaluation: Each year Boys & Girls Club undergo an intense review by our National organization cal1ed "Commitment to Qualify". Each activity as wel1 as the physical site and staffing are reviewed in detail and graded on their ability to develop in each child a sense of belonging, usefulness, competence and influence. Additional individual youth are tracked to evaluate the effect of the program in attaining these goals. Programs that are evaluated by Commitment to Quality are form the six core areas. PERSONAL AND EDUCATIONAL DEVELOPMENT PROGRAMS;" The Personal and Educational Development programs help youth tó prepare for their future, offer assistance in resolving personal crises and provide opportunities for career exploration and educational enhancement. Career Guidance Computers Counseling Power Hour Tutoring (Math, Science, English, History) Reading First Aid Classes Ghostwriter CITIZENSHIP AND LEADERSHIP DEVELOPMENT PROGRAMS: The Citizenship and Leadership Development Programs help youth understand their democratic heritage, acquire skills for participating in the democratic process, develop leadership skills and provide opportunities for planning, decision making, contributing to the club and community, and celebrating national heritage. Public Speaking Leadership Club Fundraising Club Store Material for Public Presentations Community Projects Newsletter Flag Ceremonies CULTURAL ENRICHMENT PROGRAMS: Cultural Enrichment helps youth to enhance self-expression and creativity, develops multicultural appreciation, provides exposure to and develops skills in crafts, visual 'arts, performing arts and literary arts. Dance Music Choir Crafts Photography Lapidary (Jazz, Tap, Ballet, Ballroom, Street, Tribe ceremonial) Drama Puppetry Juggling Band Piano JeweJrymaking Woodworking Ceramics Cooking Graphic Arts Silk Screening Short Stories Sewing Fine Art Poetry Page 12 A-I:z.~ HEALTH AND PHYSICAL EDUCATION PROGRAMS: The Health and Physical Education program helps youth to achieve and maintain fitness, acquire a broad range of physical skills, develop a sense of teamwork, cooperation and fairness and lead a healthy, active lifestyle. Karate Baseball Flag Football Gymnastics/Tumbling Soccer Bicycling Basketball Fòosball Track Weight Lifting Wrestling Organized Games Bowling Archery Tetherball C.P.R./First Aid Golf Fishing Swimming Tennis Motor Skills Volleyball Jump Rope. 0- , SOCIAL RECREATION PROGRAMS: The Social Recreation Programs help youth to get along with others, make new friends and provides opportunities for fun and constructive use of leisure time. Planning Parties Billiards (Pool) Checkers Stamp Collecting Cup Stacking Chess Puzzles Movie Viewing Baseball cards Teen Nights Backgammon Table Tennis Building Floats Model building Sleepovers OUTDOOR AND ENVIRONMENTAL EDUCATION PROGRAMS: The Outdoor and Environmental Education Program area helps youth develop an awareness, appreciation and knowledge of the environment through activities in the Club and natural settings. Camping, Ecology Club, Shelters building, Backpacking, Nature Study, Gardening Club, Knot Tieing skills, Recycling Projects, Earth Week, Ultimate Journey Project FACILITY: :rhe occupancy of a building provides "youth at risk" with a facility which can be especially designed to conduct recreational and educational activities in a safe and stimulating environment increasing the opportunity for them to become law abiding citizens. Systems Change = None .' Page 13 "" -I :l. :3 PROPOSED I Z-MONTH BUDGIT BY STRATEGY 1996-97 Boys & Girls Club of Chul!"v1~~~ TYPE ALL YOUR RESPONSES L£ADACENCY PROCIlAMTITI.£ Youth Development . DICIT CODE I 6128 SERVICESTRATI:CYCODE (5 DICITS) I CHTlA II' . PLEASE NOTE . 2100 2200 2300 A) FOR "OTHER" STRATI:CIES, USE APPENDIX F-2 s.Jari", ..................................-.................................................................................. Employ.. Benefits...............................................................................-.................... Payroll Ta:= ............................................................................................................ TOTAL SALARY EXPENSES.......................................................................................................... Pror=ional f"" ....................................................................................................... 2<00 2500 2100 2800 3000 3100 3200 3300 3500 <300 <900 B) Suppli",.................................................................................................................... Postage '" Shipping................................................................................................... Occupancy................................................................................................................ Inler",t....................................................................................................................... Printing '" Publi"lion,............................................................................................ Trave1........................................................................................................................ Conference" '" M..tings.......................................................................................... Spedal Ass'. 10 Individual....................................................................................... Equipment Rentals'" Main'enan<:<.......................................................................... TOTAL NON.SALARY £.XPENSES.............................................................................. MJscelianeou".......................................................................................... C) TOTAL DIREcrSERVICE £.XPENSES (A+5)..................................................................... D) TOTAL ADMINISTRATIVE AND ruNe RA[SI~C £.XPENSES CHARCED TO PROCRAM ........ SUPPORT '" REVENUE E) TOTAL EXPENSES (C+D)............................................................................................................ 0110 0<00 1000 1100 1300 I GOO 1100 1900 2000 f) Special Events/Contributions (Includes UW designation,).................................... Revenue from RenllSale of Inven'ori",.................................................................... Covernmen' Con'ributions (f"" '" Crants)............................................................ Membership Du", and Asse.ssments........................................................................... Program Service Revenue (F=).................................................................................. Inv",tment Ineome (Saving' '" Se<urili", Revenue).................................................. Founw.tion/Corporate Cranls................................................................................. UW of so Program funding.................................................................................... TOTAL SUPPORT AND REVENUE.............................................................................................. Other.,.............................................................................."'."""""""""""""""""", II A -I;LC¡ Page 14 FORM F-4 . 1996-97 PROPOSED 1,766,564 ¡ 329,359 179,651 2,275,574 I 89,825 119,767 29,942 .. 359,301 0 ! 44,913 I 0 29,942 0 I 44,913 0 718,602 2,994,176 0 I 2,994,176 1,407,263 I 0 I .. 0 149,709 610,812 0 479,068 331,875 14,552 2,993,279 . '8 UNITED WAY OF SAN DIEGO Form F-2 I 1996-97 COMPETITIVE FUNDING PROPOSAL COVER COVER FORM - STRATEGIES DEMOGRAPHIC INFORMATION 4 DIGIT AGENCY CODE 1~ ~'%:~ïH~l'êffY,,~~!rll'i¡t~êá~qêáF!¡"~tlIR'~:};;¡1 I, INCOME";:;:! I :-Ag~:::i%> I AFRICAN AMERICANIBLACK NORTH COUNTY WEST BELOW POVERTY LEVEL 0.4 ~ ~ ~ 0IIJIIiliJ AMERICAN INDIAN NORTH COUNTY EAST UP TO 25% ABOVE POV, LEVEL 5 . 9 ITIIDiliI1J ~ ITIIJlliIillJ ITIIZJiliIill ~~~~ WHITE EAST COUNTY TOTAL" 18.54 - CJIIIIZJ1IiliJ ITIITIJ:ililiJ D:ImillmTI DJIIIZIillJ i LATINOIHISPANIC CENTRAL COUNTY 55.74 ~ CIIIJiliIillJ ITITIIIIQJ OTHER SOUTH COUNTY FEMALE 75 + ~ 0JIEI2JillJ ~ o::IJJ::IIJQJ IIF 'OTHER', PLEASE SPECIFY¡ ~ CIJJJRIillill ~ . TOTAL' ~ ITIJmliliIZJ REMEMBER. USE ONE PAGE(C-2) FOR EACH 0/5 CODE YOU HAVE CHOSEN OIS CODE ~ 'OTAL' ~ PROPOSAL SUMMARY (PLEASE TYPE A SUMMARY OF THE PROPOSAL IN THE SPACE PROVIDED) , . The Youth Development program at the 13 Boys & Girls Club organizations throughout San Diego County provide several alternative behavior ~rograms to over 23,000 youth from primarily culturally diverse, low income familiesjDecome successful adults. Those programs include formal "mentoring",workshops to enhance life skills, supervised leadership develo.pment groups and community service projects performed by "at risk" youth. Through the various intervention programs, youngsters increase their liklihood of becoming ,productive, successful adults. I . 96FDCFP2 1'1 -13. ~ Page 15 . Narrative Youth Development Boys & Girls Club United Way 96/97 of San Diego County Outcome Addresses: Investing in Youth & Children - Self Sufficiency Strategy: Intervention O/S Code: CHIlB - . Committed to a vision where all children and youth have opportunities to develop to their full potential by reaching and maintaining their highest. level of independence and health. This vision is particularly espoused for culturally diverse, lower income individuals, which constitutes the primary population of those served. By participating in the Youth Development program youth become more responsible self-sufficient adults. In addition, the Youth Development program provides alternative behavior programs to "at risk" youth to dissuade gang involvement, substance abuse and violent behavior. The program also addresses the needs of teen parents. Introduction: Through a guidance based philosophy we help youth of all backgrounds, with special concern for those form disadvantaged circumstances, build self esteem and develop the qualities needed to become responsible citizens and leaders. Through early intervention we can redirect behaviors to a positive direction. The experience of the Boys & Girls Clubs for over 135 years has been extremely positive in this area. The Club organizations of San Diego County meet National standards for operation and Quality Programming and are currently serving children at 28 locations. The Clubs of San Diego County have a strong history of collaboration that has been recognized by our National organization for our ability to collectively make greater strides. The San Diego County Clubs are experienced collaborators as evidenced by a collaboration which received a $500,000 commitment from the Weingart Foundation. Local Clubs also initiated a national pilot program for our training of Middle Managers. ,A-I2./. Page 16 Values & Guideline: Boys & Girls Clubs principals include serving youth of all races, religions and ethnic cultures. We offer a varied and diversified program that recognizes and responds to the collective and individual needs of girls and boys. Our mission is to provide the youth a safe and secure environment which meets their physical, mental, emotional and social needs through activities under the supervision, guidance and leadership of trained professional staff. . Target Population: The Clubs will specifically address the outcome of .providing guidi:!nce. toward developing self sufficiency in children from 6 - 17 years old at 28 service sites throughout San Diego County. While all youngsters are welcome, special emphasis , is made to recruit culturally diverse, lower income individuals. Accordingly, over. 50% of those served by the Youth Development program are culturally diverse and over 65% are from low income families. Service Provider Information: All 13 organizations of Boys & Girls Clubs of San Diego County have collaborated to derive additional strength and greater impact form the sharing of our staff's varied knowledge and abilities, assorted facilities and training resources on a county wide basis. Through collaboration the Boys & Girls Clubs will provide a consistent continuum of quality youth development services throughout San Diego County. . 6124 6128 6161 6131 6136 6139 6166 6142 6144 6168 6146 6154 6159 Boys & Girls Club of Carlsbad Boys & Girls Club of Chula Vista Boys & Girls Clubs of East County Boys & Girls Club of Escondido Boys & Girls Club of Fallbrook Boys & Girls Club of Imperial Beach Boys & Girls Clubs of National City Boys & Girls Club of Oceanside Boys & Girls Club of Ramona Boys & Girls Clubs of San Diego Boys & Girls Clubs of San Dieguito Boys & Girls Club of San Marcos Boys & Girls Club of Vista /f-/:¿7 Page 17 Program Description: Activities & Methods: Based on the location of current facilities and past experience, youth attending who are from high risk groups need our intervention to change learned behaviors that are destructive. By applying the Youth Development Strategy, and providing additional programming designed to address these issues, we are able to intervene and redirect behaviors in a positive direction. Tools successfully used include our nationally awarded "Smart Moves" and "Talking with TJ" classes in which gangs, drug, alcohol, tobacco and sex are addressed. . Smart Moves is another program strategy based on resistance traininglsocial skills models. Using small group activities, it teaches young people to recognize and resist media influences and peer pressure to engage in alcohol and other drug use, , and early sexual involvement. Small groups allow staff to supply individualized attention, accounting for pre-existing situation and cultural influences they are aware of through a much longer association with those that attend. Smart Moves recognizes that in addition to resistance training and the development of social skills, self-esteem is a very important factor in regulating basic human drives and attitudes. When children are made to feel that they matter, that they have a unique contribution to make, and when they are helped to understand their feelings, then are less likely to endanger their own health or that of others by indulging in behaviors that put them at risk. Formal "mentoring," workshops to enhance life skills, supervised leadership development groups and community service projects performed by "at-risk" youth are other examples of activities utilized as intervention techniques. . Funding Leverage: United Way support provides the initial support to programs with can then leverage addition community support to increase services. United Way agency qualification and monitoring assures Donors that certain standards have been maintained. /I../1..tt' Page 18 Monitoring & Evaluation: Each year Boys & Girls Clubs undergo an intense review by our National organization called "Commitment to Quality". Each activity as well as the physical site and staffing are reviewed in detail and graded on their ability to develop in each child a sense of belonging, usefulness, competence and influence. Additionally, individual youth are tracked to evaluate the effect of the program in attaining various goals. Systems Change: None A-IL9 Page 19 PROPOSED 1 Z-MONTH BUDGET BY STRATEGY 1996-97 Boys & Girls Club of Chu1aP~,Elt~ETYPEALLYOURRESPONSES L£ADAGENCY PROCRAMmu: Youth Deve1ooment <DlGrrCODE I 6128 SERVICESTRATECYCODE('DICITI) I CHIlB . II' . PLEASE NOTE . 2100 2200 2300 A) FOR "OTHER" STRATEGIES, USE APPENDIX f-2 Salarie.. ....................................................................................""""""""""""""""" Employee ..Benefi"................................................................................................... Payroll TU<$ ............................................................................................................ TOTAL SALARY EXPENSES.......................................................................................................... Prof=iooal f... ....................................................................................................... 2<00 2500 2700 2S00 3000 3100 3200 3300 3500 <300 <900 B) Suppli.................................................................................................................:..... Po,tage k ...Shipping................................................................................................ o<:cupancy................................................................................................................ Inter..t....................................................................................................................... Printing k Publication,............................................................................................ Travel........................................................................................................................ Conference.. k Mecting'.......................................................................................... Special A",t. to tndividual....................................................................................... Equipment ""n"'b k Mainte"ance.......... ......................... TOTAL NON.SAI.ARY EXPENSES.............................. .................................... Miscellaneou"....................................................................................... C) TOTAL DIRJ:cr SERVICE EXPENSES (A+B)............................................................... D) TOTAL ADM1NISTRATIV£ AND ruNe RAISING EXPENSES CHARCWTO PROGRAM.. SUPPORT k REVENUE E) TOTAL EXPENSES (C+D).......................................................................................... 0110 0400 1000 1100 i300 1600 1700 1900 2000 11 Special Evon"/Contribution, (Include UW deignation,).................................... Revenue from ""ntJSale of Inventori..................................... Government Contribution, (fe.. k Gran")........... Memb""hip Du.. and As=men"................................................... Program Service Revenue (fees).................................................................................. Inv..tment Income (Saving' k Securiti.. Revenue).................................................. foundation/Corporate Gran"................................................................................. UW of SD Program funding.................................................................................... TOTAL SUPPORT AND R£VENUE.............................................................................................. Other.:...................................................................................................................... 18 A-/ßo Page 20 FORM F-4 . 1996-97 PROPOSED 588,855 109,786 59,884 758,525 29,942 39,922 9,981 119,7.67" 0 I 14,970 o 9,981 0 14,971 o 239,534 998,059 0 998,059 I 469,088 o .. o 49,903 203,604 0 159,689 110,625 4,851 997,760 II January 17,1996 Ms. Sue Aldana, Executive Secretary San Diego Area Council Boys & Girls Club of San Marcos One Positive Place San Marcos, California 92069 Dear Sue: . . It is hereby resolved by the Boys & Girls Club of Carlsbad that our organization will participate in a collaborative effort. with other San Diego County Boys & Girls Clubs to solicit funding from the United Way of San Diego County for the Portfolio of Service: investing in Children and Youth. In consideration of such funding, at each Boys & Girls Club chartered unit, we agree to deliver 1.) "core programs" to a minimum of 200 "unduplicated" youngsters between the ages of 6 and 17 and 2.) nationally distributed educational programs, such as Power Hour, or similar programs developed locally to 200 "unduplicated" youngsters between the ages of 6 and 17. We also agree to meet all necessary reporting requirements in a timely fashion. We acknowledge that this collaborative effort is only for the Portfolio of Service: Investing in Children and Youth. As a condition of participation in this collaborative effort, we resolve not to solicit any other funding, either directly or indirectly, from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth. However, we reserve the right to solicit funding within a different ,Portfolio of Service. The above tenns were approved at a meeting of the Board of Directors of the Boys & Girls Club of Carlsbad on January 17, 1996. ~ Luke D. Matteson, President of the Board R-~~cfé( Cannan J. Cedola, Executive Director LDM/CJC/tjm /I-I a I Page 21 ~ BOYS & GIRLS CLUB OF CARLSBAD Administtative Office Post Office Box 913 Carlsbed, CA 92018 (819) 729-0207 FAX (819) 729-2279 La Costa Branch 7805 Centena Street Carls bad, CA 92009 (819) 944-9211 FAX (619) 944.0150 Village Branch 3115 Roosevelt Street Carlsbad, CA 92008 (619) 729.0956 Board of Directors Officers Luke Maneson President Will Howard Vice-President Bob Grimes Vice-President Joe Vigil, M.D. Vice.President Hope Wrisley Secretary & Chi_' Financial Officer Members Bruce Bandemer Olelia Escobedo Bob Grimes John Haedrich Will Howard Bruce Jordan, D.D.S.' Steven K.-Krogh, CFP Richard Macgurn Luke Maneson' Greg Nelson' David Oas A. Sandy Parsons, Ph.D. Conrad B. Pawelski Michael Plankuch Doug Simpson Phil Urbina' Manny Valdez' Joe Vigil, M.D. Hope Wrisley .Past President Exectlve Dltector Carman Cedola . AU"".W.,Ag,"", Administrative OHlce 1301 Oleander Ave. Chula Vlsla, CA 91911 (619) 421-4011 (619) 462-6736 FAX BRANCH LOCATIONS: 1301 Oleander Ave. Chula Vlsla, CA 91911 (615) 421-4011 465 'L' Street ChulaVlsta,CA91911 (619) 420.1222 Boerd of Directors , Catherine Jamison President John Collins Vice President 01 Finance George Krempl Vice President of 4dministration .oanne Reel Vice President of Operations Donald R. Read Vice President of Resource Development Neslor Olguin Secretary Lowell Billings Billie Brown Jose! Citron Lenore Cilron Mary Hammond David Loveland Jayne Maple Stephan Melvin John Moot, Esq. Mary Rankin W. Scott Mosher Executive Director :Jirls mc. A member organization of Girls Incorporated @ BOYS & GIRLS CLUB OF CHULA VISTA January 29, 1996 Ms. Sue Aldana, Executive Secretary San Diego Area Council Boys «Girls Club of San Marcos One Positive Place San Marcos, CA 92069 Dear Sue: It Is hereby resolved by the Boys «GIrls Club of Chula Vista that our organization will participate In a collaborative effort with other San Diego County Boys « Girls Clubs to solicit funding from the united Way of San Diego County for the Portfolio of Service: Investln~ in ChIldren and Youth. In consIderatIon of such funding, at each Boys «Girls Club chartered until we agree to delIver 1.) "core programs" to a mInImum of 200 "undupllcated" youngsters between the ages of 6 and 17 2.) nationally dIstributed educational programs, such as Power Hour, or simIlar programs developed locally to 200 "undupllcated" youngsters between the ages of 6 and 17. We also agree to meet all necessary reporting require- ments in a timely fashion. We acknowledge that this collaborative effort Is only for the Portfolio of Service: Investin~ in Children and Youth. As a condItion of participation in this collaborative effort, we resolve not to solicit any other funding, either dIrectly or Indirectly, from the United Way of San Diego County for the Portfolio of Service: Investln~ In Children and Youth. The above terms were approved at a meeting of the Board of Directors of the Boys «Girls Club of Chula Vista on January 25, 1996. Sincerely, ')Â- ¡¿ {i~ John R. CoIl ins Acting President \.ù.~ ~ W. Scott Mosher Executive Director /1-/8 ~ .. Unlt8d1oll8U/CHAD ..............."d...' Page 22 11{.)""';.'~lnetl:~1:1 e~w[£~ _jll:r.~"'I«<.IIl~."'. -~ Administrative Office 260 E- Chase Ave.. Suite 204 P.O. Box 1133 EI Cajon, CA 92022 (619)440-1600 FAX (619) 440-2331 RESOLUTION It is hereby resolved by the Boys & Girls Clubs of East County, that our organization will participate in the collaboration with other San Diego ~ounty Clubs for funding from the United Way of San Diego~ We agree to serve a minimum of 100 children ages 6 -.~2 years old with core programming. We will also meét all of the necessary reporting requirements in a timely fashion. Furthermore, we agree that this collaboration is for the category of Investing in Youth and will not apply for other funding in the same category. We may apply for other funding in different areas. jut(- W L/ U!A-- ~) /21! qr:; Date I AMENDMENT: As of this date, February 5th. 1996 the Boys & Girls Clubs of East County will agree to seroe a minimum of 200 'unduplicaled" :youngsters between the ages of 6 and 17. We wIll also meet all necessary reporling reqUirem~;el:Y fashion. Jerry Fazio, Execulive Džrecl~ , ~..133 to EI Cajon Club 442-0371 Santee Club 449-2064 Lakeside Club 443-9293 MEMBER: BOYS & GIRLS CLUBS OFAMERicAAND UNITED WAY/CHAD Page 23 February 5, 1996 Ms. Sue Aldana, Executive Secretary San Diego, Area Council Boys and Girls Club of San Marcos One Positive Place San Marcos, CA 92069 Dear Sue: It is hereby resolved by the Boys and Girls Club of Escondido that our organizatiDn will participate in a collaborative effort with other San Diego County Boys and Girls Clubs to solicit funding from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth. In consideration of such funding, at each Boys and Girls Club chartered unit, we agree to deliver 1.) "core programs" to a minimum of 200 "unduplicated" youngsters between the ages of 6 and 17, and 2.) nationally distributed educational programs or similar programs developed locally to 200 "unduplicated" youngsters between the ages of6 and 17. We also agree to meet all necessary reporting requirements in a timely fashion. We acknowledge that this collaborative effort is only for the Portfolio of Service: Investing in Children and Youth. As a condition of participation in the collaborative effort, we resolve to restrict any other solicitations for funding, either directly or indirectly, from the United Way of San Diego County for the Portfolio Df Service: Investing in Children and Youth to an application specifically focused on "Self-Sufficiency" as the desired "Outcome" and which pursues a "Strategy" of "Intervention" within the Portfolio of Service: Investing in Children and Youth. The above tenus were approved at a meeting of the Board of Directors of the Boys and Girls Club of Escondido on January 4, 1996, Sincerely, Tlip II- President of the Board .~.//~~/ ? r/ ;r I D¥}Í1y Sherlock Ebcutive Director A-13ý Page 24 ~ BOYS & GIRLS eWB OF escONOIOO Lefty Mitchell Branch Administrative Office 115 W. Woodward Ave, Escondida, CA 92025 (619) 746.3315 Neville & Helen Baker Family Branch 635 W. 15th Avenue Escondido, CA 92025 (619) 745.0515 Valley Center Unit 26751 Cole Grade Road Valley Center, CA 92062 (619) 749.9822 ~ BOYS & GIRLS CLUB OF FALLSROO' Boy. & Glrlo Club of F.llbroo~ P.O. Box 476 Fallbrook, CA 92088 (619) 728.5871 FAX (619) 728.1736 January 25, 1996 It is hereby resolved by the Boys & Girls Club of Fallbrook , that our organization will participate in a collaboration effort with other San Diego County Boys & Girls Clubs to solicit funding fronm the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youths. In consideration of such funding, at each Boys & Girls Club chartered unit we agree to deliver 1) "core programs" to a minmuum of 200 "unduplicated" youngster between the ages of 6 - 17 and 2) nationally distributed educational programs, such as Power Hour, or similar programs developed locally to 200 "unduplicated" youngster between the ages of 6 - 17. We acknowledge that this collaborative effort is for the Portfolio of Service: Investing in Children and Youth. As a condition of participation in this collaborative effort, we resolve not to solicit any other funding, either directly or indirectly, from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth. The above terms were approved Directors of the Boys & Girls ~~ Andy Vanderlaan President of the Board at a meeting of the Board of Club of Fallbrook on January 25, ~2tólL Executive Director Page 25 ..~ /1-1.3:;"" UniOod-../CHAC C"""",n February 5, 1996 ~ BOYS & GIRLS CLUB OF IMPERIAL BEACH Ms. Sue Aldana, Executive Secretary San Diego Area Council Boys and Girls Club of San Marcos One Positive Place San Marcos, CA 92069 eoys & Girls Club of Imperlsl Beach 847 Endn. Avanus P.O. Box 493 Imperial Beach. CA 91933 (619) 424-2266 Dear Sue: It is hereby resolved by the Boys and Girls Club of Imperial Beach that our organization will participate in a collaborative effort with other San Diego County Boys and Girls Clubs to solicit funding ITom the United Way of San Diego County for the portfolio of Service: Investing in Children and Youth. In consideration of such funding, at each Boys and Girls Club charted unit, we agree to deliver!.) "core programs" to a minimum of200 "unduplicated" youngsters between the ages of 6 and 17 and 2.) national distributed educational programs, such as Power Hour, or similar programs developed locally to 200 "unduplicated" youngsters between the ages of6 and 17. We also agree to meet all necessary reporting requirements in a timely fashion. We acknowledge that this collaborative effort is only for the Portfolio of Service: Investing in Children and Youth. As a condition of participation in this collaborative e'ffort, we resolve not to solicit any other funding, either directly or indirectly, from the United Way of San Diego County for the PDrtfolio of Service: Investing in Children and Youth. Ill... ~hove tenns were a!1proved at a meeting of the Board of Directors of the Boys and Girls Club ofIrnperiai Beach on January 3, 1996. . Sincerely, ~~ President of the Board ~ú~~ Executive Director A-14' ~ Page 21\ "The Positive Place For Kids" . ""'iONAUCE"C' ~ BOYS &. GIRLS CLUBS of National City 14ao "0" Avenue, Net;onal C;ty, CA 91950 (619) 477-5445 January 18, 1996 Ms. Sue Aldana, Executive Secretary San Diego Area Council Boys & Girls Club of San Marcos One Positive Place San Marcos CA 92069 Dear Sue, \ It is hereby resolved by the Boys & Girls Clubs of National City that our organization will participate in a collaborative effort with other San Diego County Boys & Girls Clubs to solicit funding from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth. In consideration of such funding, at each Boys & Girls Club chartered unit, we agree to deliver 1.) ucore programs" to a minimum of 200 "upduplicated" youngsters between the ages of 6 and 17 and 2.) nationally distributed educational programs, such as Power Hour, or similar programs developed locally to 200 "unduplicated" youngsters between the ages of 6 and 17. We also agree to meet all necessary reporting requirements in a timely fashion. We acknowledge that this collaborative effort is only for the Portfolio of Service: Investing in Children and Youth. As a condition of participation in this collaborative effort, we resolve not to solicit any other funding, either directly or indirectly, from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth. The above terms were approved at a meeting of the Board of Directors of the Boys & Girls Clubs of National City on January 11, 1996. Sincerely, ~LÙOÞ-- Stephen H. Dale President of the Board JJl1fY;'-!f- ;1 AUitcj¡L Gregory"þ. Beatie / Executive Director /1-/.37 .........."".. ~ ~Ji..ls Inc. ~~~~ Page 27 BOYS & GIRlS CUJBS OPAMERJO\ ~ BOYS & GIRLS CLUB OF OCEANSIDE ~' ~~\ January 17, 1996 Ms. Sue Aldana, Executive Secretary San Diego Area Council Boys & Girls Club of San Marcos One Positive Place San Marcos, CA 92069 Dear Sue: , It is hereby resolved by the Boys & Girls Club of Oceanside that our organization will participate in a collaborative effort with other San Diego County Boys & Girls Clubs to solicit funding from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth. In consideration of such funding, at each Boys & Girls Club chartered unit, we agree to deliver 1.) "core programs" to a minimum of 200 "unduplicated" youngsters between the ages of 6 and 17 and 2.) nationally distributed educational programs, such as Power Hour, or similar programs developed locally to 200 "unduplicated" youngsters between the ages of 6 and 17. We also agree to meet all necessary reporting requirements in a timely fashion. We acknowledge that this collaborative effort is only for the Portfolio of Service: Investing in Children and Youth. As a condition of participation in this collaborative effort, we resolve not to solicit any other funding, either directly or indirectly, from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth. The above terms were approved at a meeting of the Board of Directors of th~ Boys & Girls Club of Oceanside on January 11, 1996. Sincerely, ~~ Randall B. GOd~ Executive Director !Jirls 1IIe. A Mom'" 0'0""""°" of G'"o '"o.,p°'"". /I-Ißf P.O. Box }601 * Oceanside. California 92051 * (619) 433-8920 FAX (619) 433.2260 Town Site: 401 Country Cfub Lane * LIbby Lake Unit: 489 Calle Montecito (619) 721.5851 Page 28 ~ IIOV' ::Z,':,o;.CLU" .~ BOYS & GIRLS CLUB . OF RAMONA P.O. Box 1915 Ramona, CA 92065 (619) 788-7564 (619) 789-8203 FAX 768-1453 Ramona Branch 720 9th St. Ramona, CA 92085 (819) 788.7564 Board of Dlteetora 'Tony Ande Judy Endeman Rachael Gilmore Chuck LeMenager Felix Ramirez John Royer Jack Smith Ginger Spann Ralph Turner Daniel Vengler " President Tru.t.... Karen Bond Ken Brock Norma Garda Mario Ghio Barry Heath Ma",hall Kelsey Kelly Manno Stove Mort Claudia Nabou", Alp Rodine Danie' Ruops Dave Smlthley Victoria Tobiason Jon Walkor Officers Larry J9nes President Julie Walker Vice Prosldent Dip-. Bertalan S. /Bry/Tr~asuror JeHroy H. Miller Executive Director RESOLUTION It is hereby resolved by the Boys & Girls Club of Ramona, that our organization will participate in the collaboration with other San Diego County Clubs for funding from United Way of San Diego. We agree to serve a minimum of 100 children 6-12 years old with core programming. We will also meet all the necessary reporting requirements in a timely fashion. Furthermore, we agree that this collaboration is for the category of Investing in Yolllh and will not apply for other funding in the same category. We may apply for other funding in different areas. d~9~ Larry Jones, P. 'eside L-. /-3- 9'" Date AMENDMENT: As of this date, February 5th, 1996 the Boys & Girls Club of Ramona will agree to serve a minimum of 200 'unduplicated" youngsters between the ages of 6 and 17. We will also meet all necessary reporting requirements in a timely fashion. Joff'<O H. Mia". ""'"""' Di=-5/!., A-la9 0 The Positive PI"c. For Kids Page 29 Member: Boys & Girls Clubs of America A United Way Agency ~ '"jOYS &GlIU.S CWI3S C' SA. .'SGC s'pport "Nlm 0'"00 3760 F,,"" A"n,.. S",. 1 S.. Dleo<>. CA '2103 (Sf') 298.3520 F" (6191 298.3015 Wm. J. 0".. LoO,n H.',.to B"n" 2930 M'", A'.n'. Son Dieo<>. C"2113 (6191 "5.1730 UnO, V¡.., B,,",' 2200 Ee.. J.w'" s"'., Son Di.". C..2111 (Sf"2"""O Ci,i'.mon' B"n" ..35 C',i,,_' M... BI,d. S.. Di..o. CA "'17 (Sf'lm.",S Enoonlo'""n,' 6785 'mpe"" A"n,. Son Di.,o. CA 921" 'Sf" 26""07 P.., Ch,l'm,n W,lIlem J. 0"" Goo'oe A. SOOIl Ao"oe Po"" INin, E.F,ledmen M,"lnW"d m" A. AOO"n, ,h'e""on Jem" R..dlno W"'"mE. Spl", D"id Port" D"ld H. Gerti.'d "'h"LA""n D"ld Lipplll ROOert D..n, F,.. W. Jm"n D"ldWJ"",n l. Robert P,yn. D'. Morton C. J.."...n No~en P",,'ey WIII~m B. Kol.nd., J,m., V. Bm Jo'n W. Win Ge..,eJoni~ni, Mi,h,,1 P. AI",~ Dell Ep" Bo"d OHI"" Jem.,H.O"'" Ch"=e" S'."n J. By'" "'".Chel=.. Jeo, SI~.n... V~.-"""i=." Ao"'nn. M.d,oGI'.'" S""r"y S",nF.D.,i, r".."., s-ën~ United Way .s~_c-., January 24, 1996 Ms. Sue Aldana Executive Secretary San Diego Area Council Boys & Girls Clubs of San Marcos P.O. Box 1330 San Marcos, CA 92079-1330 Dear Ms. Aldana: It isherehy resolved by the Boys & Girls Clubs of San Diego that our organization will participate in a collaborative effort with other San Diego County Boys & Girls Clubs to solicit funding from thL' United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth. We agree that with the funding requested, at each Boys & Girls Club unit, we will deliver "core programs" to a minimum of 200 "unduplicated" youth between the ages of six and seventeen; educational programs such as Power Hour to 200 "unduplicated youth. Additionally. we agree to meet all necessary reporting requirements in a timely fashion. We acknowledge that this collaborative effort is only for the Portfolio of Service: Invesling in Children and Youth. The coJiaboration efforts were presented to the Board of Directors at the January 17. 1996 meeling. Sincerely, ~(4-l> æ,v. t-Lðk . J mes H. Oliver hairman Board of Directors Dell Epps Interim President & CEO A-140 'Whe" you, will Includes a boques! 10 The Boys ."d Gi,ls Clubs 01 Sa" Diego. iI becomes a living memodal fo' Ihe C,"'ens 01 Tomo"ow. . Page 30 " <, ~ I3O'lS & GIRLS CWBS OF AMEJUCA BOARD OF DIRECTORS Les ClOG. Chairman Genld T. LaFWnme, Vice Chair Planninll Board Develop ment lolln Louden, VIce Chair FInance I Administration 10 Willhite, Vice Chair Prog= Benjamin Goodwin, Vice Chair Development Bart>an Harp<r. Secretary R"", Mary Eller. Tr=urer Chiquila Abòoo DaVId AIIJ<d Ooollas O. AlIJ<d' Glen W. Bell, Ir. Ralph Berteocoun Bob c.rey Chades E. Carl<, M.D.' Dennis C.,... ludy Cunningham Edward MElin"," Eulone B. Fletcher. Ir, S"phon W. Fletcher' E, DaWd Frick' o..n A. GOetz Ray Griset' I"",ph W. Harper Richard V. Hyatt Ed lohnson Lawrence R. lames' TelT)' Linlonfelder' Richard W. Madresh P. Manin Pete" Charles A. _ey. III Leonard Polster B"-~ Ramsey : nJR.and.1ll 1,-- Ron"ria Paul Rodeno ROOen L Roszkos CharlesF.Schadt.lr. Hm S-ohmcddinl Jon Va"", lames M. Warkjus' Eric We¡tzen ROOen ""halen Basil Woolley 'Past Chainnan EXECUTIVE DIRECTOR Richard L Hook DIRECTOR OF PROGRAM Duncan S. Smith DIRECTOR OF ADMIN. Vickje L a."ty ADMINISTRATIVE OFFICE (619) 755.93711 FAX 755-0138 ALLRED BRANCH 12353 Cannel Park Drivc San Dielo. CA 92130 (619) 793.9196 DEL MAR BRANCH 14125 ManIO Drive Del MM. CA 920t4 (619) 481-4116 GRISET BRANCH 122t Encinitas Boulevard F "". CA 92024 I.OMAS SANTA .'E BRANCII 533 Lomas San.. M: Drive Sol.... 8<ach. CA 92075 (619) 7~5 9373 SAN D lEG UITO BOYS & GIRLS CLUBS P.O.BOX615, SOLANABEACH,CALIFORNIA 92075 February 5t 1996 Ms. Sue Aldana, Executive Secretary San Diego Area ,Council Boys & Girls Club of San Marcos One Positive Plae San Marcos, CA 92069 Dear Sue: It is hereby resolved by the Boys & Girls CLub of San Dieguito that our organization will participate in a collaborative effort with other San Diego County Boys & Girls Clubs to solicit funding from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth. In consideration of such funding, at each Boys & Girls Club chartered unit, we agree to deliver (1) "core programs" to a minimum of 100 "unduplicated" youngsters between the ages of 6 and 17, and (2) nationally distributed educational programs, such as Power Hour, or similar programs developed locally to 100 "unduplicated" youngsters between the ages of 6 and 17. We also agree to meet all necessary reporting requirements in a timely fashion. We acknowledge that this collaborative effort is only for the Portfolio of Service: Investing in Children and Youth. As a condition of participation in this collaborative effort, we resolve to restrict any other solicitations-for funding, either directly or indirectly, from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth to an application specifically focused on "Self Sufficiency" as the desired "Outcome" and which pursues a "Strategy" of "Intervention" within the Portfolio of Service: Investing in Children and Youth. The above terms were approved at a meeting of the Board of Directors of the Boys & Girls Clubs of San D,iegUito on February 6, ~ nO s'ljrffi. ' . ~~ ~he Board Executive Director A-/Ý( AN ORGANIZATION DEDICATED TO PROVIDING POSITIVE ACTIVITIES TO DEVELOP THE HEALTH. SELF. ESTEEM !.ND CH!.RACTER OF YOUTH. . Page 31 UnJ...-. ....-""". - "n~-po~/(¡'v-e, PfaCi! 101" MiI$'" ~ February 5, 1996 BOYS & GIRLS CLUB OF SAN MARCOS Mr. Raymond Cruz, President San Diego Area Council Boys & Girls Clubs of San Diego County 1 PDsitive Place San MarcDs, CA 92069 Dear Mr. Cruz, It is hereby resDlved by the BDYS & Girls Club of San Marcos that our organization will participate in a collaborative effort with other San Diego County Boys & Girls Clubs to solicit funding from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth. In consideration of such funding, at each Boys & Girls Club chartered unit, we agree to deliver 1.) "core programs" to a minimum of 200 "unduplicated" youngsters between the ages of 6 and 17. We also agree to meet all necessary reporting requirements in a timely fashion. We acknowledge that this collaborative effort is only for the PDrtfolio of Service: Investing in Children and Youth. As a condition of participation in this collaborative effort, we resolve not to solicit any other funding, either directly or indirectly, from the United Way of San Diego County fDr the Portfolio of Service: Investing in Children and Youth. The above terms were approved at a meeting of the Board of Directors of the Boys & Girls Club of San Marcos on January 29, 1996. Sincerely, .1d 1 j&$( S~~ Hal J. Martin President Board of Directors Executive Director A-I" 2.. One Positive Place. San Marcos, California 92069. t(¡19i 4ìl-2490. Fax (619) 4ì1.06ì3 Page 32 :' ,. , january 18, 1996 Ms. Sue Aidana, Executive Secretary San Diego Area Council Boys & Girls Club of San Marcos One Positive Place San Marcos, CA 92069 Dear Sue: It is hereby resolved by the Boys & Girls Club of Vista that our organization will participate in a collaborative effort with other San Diego County Boys & Girls Clubs to solicit funding from the United , Way of San Diego County for the Portfolio of Service: Investing in Children and Youth. In consideration of such funding, at each Boys & Girls Club chartered unit, we agree to deliver'.) "core programs" to a minimum of 200 "unduplicated" youngsters between the ages of 6 and 17 and 2.) nationally distributed educational programs or similar programs developed locally to 200 "unduplicated" youngsters between the ages of 6 and 17. We also agree to meet all necessary reporting requirements in a timely fashion. We acknowledge that this collaborative effort is only for the Portfolio of Service: Investing in Children and Youth. As a condition of participation in the collaborative effort, we resolve to restrict any other solicitations for funding, either directly or indirectly, from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth to an application specifically focused on "Self- Sufficiency" as the desired "Outcome" and which pursues a "Strategy" of "Intervention" within the Portfolio of Service: Investing in Children and Youth. The above terms were approved at a meeting of the Board of DirectorS of the Boys & Girls Club of Vista on january 18, 1996. S.incerely, w.vO,~ President of the Board /I -/43 Page 33 ~ BOYS lit GIRLS CLUE OF VISTA 410 W. CalifomiaAve. Vista. CA 92083.3597 (619) 724-8606 (619) 724-11S9-Fax OFFICERS Pam Oavis, President Ken Bouchard, Pres. Eiec. Deborah Davis-Giliespie, Fred Widmer, Secretary loan Thurman, Treasurer BOARD OF DIRECTOR~ Bob Fuller' . -Paul Gorman Ion Gruelich lohn Gully Jack Gyves Gien Hampton' Ernest Hunt. Daryl Krewson Jim Mashburn Stephen Mars Ed McGarry Read Miller Paul Nelson Charles Nino Lt. Frank Nunez Bob Pope' George Porter' Tom Shadle' Sandra Shuda Wil Simlik' Dr. Richard Stang' Bill Thomas Morris Vance Rod Waufie Victoria Waufie -Lorry Weitzel EXECUTIVE DIRECTOR Howard Amend ASST. EXECUTiVE DIREC David Blevins WOMEN'S AUXILIARY Betty Coliar, President Kelly Pack, Vice Presiden, an Dausman, Secretary Betty King, Treasurer Honorary Board Thomas Banning' lohn Cosh' Oscar Knief!' Mrs. Jane Loomis Mrs. Bee Meyer Dr. Charles Shean' , Past Presidents ~ AU"""W" A""" \ II" UÑITËD WAY OF SAN DIEGO 1996-97 Competitive Funding Proposal Cover Form Form F-1 MARKING EXAMPLES. ~ " " PROPOSAL INFORMATION 4 DIGIT AGENCY CODE ~ OIS CODE 1 OIS CODE 2 " OIS CODE 3 OIS CODE 4 OIS CODE 5 ~ ~ DJIIJ [[[JTI DJIIJ LEAD AGENCY NAME (PLEASE TYPE IN THE SPACE PROVIDED) I ,.,., ';<h "~., ""'" "". Is this a collaborative proposal? (Check one) . YES Ô NO If you circled "yes", please answer the following questions: CONTACT PHONE NUMBER GEITJ - ~ What type of organizations are you collaborating with? . United Way certified agency 0 Other non-profit What Is the nature of the collaboration? 0 Financial 0 Non-Financial(eg. program) 0 Other organization 0 Combination of some/all . Both PROPOSAL TITLE & FUNDING AMOUNT REQUESTED AUTHORIZED SIGNATURES ~!:;~ J- -¿, ~96 Date (.u.~~ '{\~ d--(,,-9to Executive Director Date PROPOSAL SUBMISSION DEADLINE PLEASE SUBMIT FIFTEEN (15) COPIES OF THIS PROPOSAL NO LATER THAN 4:30 P.M. ON THURSDAY. FEBRUARY 8. 1996 TO: United Way of San Diego County, Funds Distribution & Agency Relations Divison 4699 Murphy Canyon Road P.O. Box 23543 San Diego, CA 92193 Proposal Received on (Date): /'I-/ÝC¡ By (Initials): II 96FDCFP Page F-l . ,. ..' , Lea.rr:>. ir:>.g" Cer:>.ters Ta.ble ~f C~r:>.ter:>.ts: Cover page (F-l),...................Fl Narrative OIS Code CHIIA............1 Outcome Addressed......... ......1 Introduction....................l Values & Guidelines........ '" ..1 Target Population........... ,...1 Service Provider Information.. ,..2 Program Description........... .:2 Funding Leverage......... ..4 Monitoring & Evaluation.........4 Systems Change..................4 Demographics Page (F-2)............ .F2-CHI3A , Budget Form (F-4).................. .F4-CHI3A Narrative OIS Code CHI1C............5 Outcome Addressed. ..............5 Introduction....................5 Values & Guidelines.............5 Target Population.... ...5 Service Provider Information....6 Program Description.............6 Funding Leverage........ ...7 Monitoring & Evaluation.........7 Systems Change..................7 Demographics Page (F-2)............ .F2-CHI3B Budget Form (F-4).......... .. .F4-CHI3B Form (F-3)........ ...F3 Letters of agreement........ .Attached to Original Only United Way 96/97 A -leiS' Learn;ng Out==me Addressed: Investing in Youth & Children - Education Strategy: Prevention O/S Code: CHI3A Centers Students have the necessary support to reach their potential for economic success. Youth will be better trained and educated to be prepared for,' and thrive in a changing world. Provide informal educational and training programs to youth that maximize their educational succe?s. B&GC LEARNING CENT~RS Intr=du=t;=n: Through a guidance based philosophy Boys '& Girls Clubs h~p youth of all backgrounds, with special concern for those from disadvantaged circumstances, build self esteem and develop the qualities needed to become responsible citizens and leaders. Group activities that are guidance-orientated and develop in each child a sense of belonging, usefulness, competence and influence have been the experience of Boys & Girls Clubs for over 135 years. The Club organizations of San Diego County continue to meet high National Boys & Girls Clubs of America standards for operation and quality programing. Clubs are currently serving over 23,000 children at 28 locations. Values & Gu;del;nes: Boys & Girls Clubs princilpals include serving youth of all races, religions and ethnic cultures. We offer a varied and diversified program that recognizes and responds to the collective and individual needs of girls and boys. Our goal is to provide youth with a safe and secure environment which meets their physical, mental, emotional, and social needs through activities under the supervision, guidance and leadership of trained professional staff. ' Edu=at;=nal G=als: * That,the Club provides guidance toward educational success through providing instruction and sufficient guided motivation and to children from 6 - 18 years. *'That informal educational and training programs maximize a child's educational success and provide children the necessary support to reach their potential for success. * That children become better trained and educated to be prepared for, and thrive in a changing world. Target P=pulat;=n: We will specifically address the outcome of providing guidance toward educational success through providing instruction and sufficient guided motivation and to children from 6 - 17 years old per On 28 service site throughout San Diego County. , 1 A"¡ f./(. Learn;ng Centers Serv;ce Prov;der Informat;on: All 13 ~rganizations of Boys & Girls Clubs of San Diego County have collaborated to derive additional strength and greater impact from the sharing of our staff's varied knowledge and abilities, assorted facilities and training resources on a county wide basis. Through Collaboration the Boys & Girls Clubs will provide a consistent continuum of quality youth development services throughou:t San Diego county. 6124 Boys & Girls Club of Carlsbad " 6128 Boys & Girls Club of Chula Ÿista 6161 Boys & Girls Clubs of East County 6131 Boys & Girls Club of Escondido 6136 Boys & Girls Club of Fallbrook 6139 Boys & Girls Club of Imperial Beach 6166 Boys & Girls Clubs of National City 6142 Boys & Girls Club of Oceanside 6144 Boys & Girls Club of Ramona 6168 Boys & Girls Clubs of San Diego 6146 Boys & Girls Clubs of San Dieguito 6154 Boys & Girls Club of San Marcos 6159 Boys & Girls Club of Vista Lead Person: Scott Mosher Fiscal agent: Boys & Girls Club of Chula Vista Authority to work as a collaboration was granted by of Directors of each Boys & Girls Club in San Diego an effort to better serve children. the Board County in Program Descr;pt;on: B&GC LEARNING CENTERS Activities and Methods POWER HOUR: Helping young people succeed in school. Young people with reading and mathematics scores in the bottom fifth of their class compared to their peers in the top half of their class are: * 8.8 times more likely to leave school without a diploma * 8.6 times more likely to have a child out of wedlock * 5 times more likely to have an income below the poverity line * 2.2 t{mes more likely to have been arrested in the previous year This three part program consists of homework, tutoring and educational enhancement activities. These three components encourage young people to become self-directed learners and assume responsibility for their own educational success. 2 //-147 Learn;ng Centers Part 1 Homework Almost all children dislike homework. It is a proven fact that student achievement rises significantly when they conscientiously complete regular assigned homework. For teachers, the purpose of homework is to reinforce specific skills and stretch student thinking and skill development beyond what is possible in the limited available school time. Developing good homework habits is a skill which like any other requires practice. To foster good homework habits, POWER Hour includes a daily homework assistance program available at the same time every day. Proper space, tables, chairs, computers and reference materials such as encyclòpedias, dictionaries, thesaurus, .atlas, globe, almanacs, magazines and newspaper.E< are made available. In addition to individual attention, cooperative homework \ groups are formed. Homework groups have proven effective and have the advantage of allowing a Helper to work with more than one person at a time. Cooperative homework groups also help members to understand the perspective of others in the group, interact socially, build self-esteem, and develop a positive attitude toward school Part 2 Tutor;ng Tutoring has been an academic support strategy throughout human history. High academic achievers are not necessarily born smarter than others. Nor do people born with extraordinary abilities necessarily become highly accomplished individuals. Parents, teachers, coaches and the individuals themselves impact the corse of development by fostering self-discipline and encourage hard work. Most highly sucessful individuals have above-average but not exceptional intelligence. The objectives of the tutoring program are to help members do better in selected subject areas and become self-directed leaders. Both cross-age tutoring and Peer tutoring are used. Research shows tutors learn even more than students through tutoring. Part 3- Educat;onal Enhancement In addition to homework help and tutoring, engaging in out-of- school learning activities can greatly enhance academic achievement in school. POWER Pages are designed to take advantage of the innate curiousity of young people and help them become self-directed learners. They consist of one page challenges in mathe, reading and research, social issues, current events, and geography. 3 A-/¥f L~arn;ng C~nt~r~ Fund;ng Leverage: United Way support provides -the initial support to programs with can then leverage addition community support to increase services. United Way agency qualifications and monitoring assure Donors that certain standards have been adhered to. Mon;tor;ng & Evaluat;on: Each year Boys & Girls Clubs under go an intense reveiw by our National organization called "Committment to Quality". Each activity as well as the physical site and staffing are reviewed in detail and graded on their ablity to develop in each child a sense of belonging, usefulness, competence-and influence. .- Additional, individuals are monitored to evaluate the effect of the program in attaining these goals. , Example: Eric was 16 his first year at the Club. In conversations with Staff he express his lack of interest in school or planning for a future. He felt that mastering the streets was the only thing that mattered to his future. After a year of participation, guidance classes, and an opportunity to contribute in leadership within the club, Eric felt school could be important to him and actually graduating became a priority. After using the resource of the Learning Center and tutoring from Staff on test taking, he was able to pass the necessary exams and graduated from High School. Eric's talent as an artist is now aimed at becoming an Architect. Through a minority Architect association he now believes this is possible for him and the streets are not all there is in his life. Systems Change: None 4 /I-IV' '8 UNITED WAY OF SAN DIEGO 1996-97 COMPETITIVE FUNDING PROPOSAL COVER COVER FORM - STRATEGIES Form F-2 I . DEMOGRAPHIC INFORMATION REMEMBER - USE ONE PAGE(C.21 FOR EACH OIS CDOE YOU HAVE CHOSEN 4 DIGIT AGENCY CODE ~~ OIS CODE ~ 1':E:rHNICITY AFRICAN AMERICANIBLACK NORTH COUNTY WEST BELOW POVERTY LEVEL 0 .4 ~ ~ ~ ITJJIIJiliJ AMERICAN INDIAN NORTH COUNTY EAST UP TO 25% ABOVE POV. LEVEL 5.9 DIIIJmI1] ~ 0IIIiliIillJ ~ ~ ëIrtŒrmJ ~ ~ WHITE EAST COUNTY TOTAL" 18.54 ~ ~ rn=IillIillIIJ ITJJIIZJillJ ~~I.~L."'SEX'..'.'...~I~ FEMALE ~ ~ CICIIiliIillJ ~ MALE IIF 'OTHER', PLEASE SPECIFY I ~ ~ ~ TOTAL' ~ DIlillIillID II GEOGRAPHIC. 1 I" \;;INCOME . I I Age OTAL' ~ PROPOSAL SUMMARY (PLEASE TYPE A SUMMARY OFTHE PROPOSAL IN THE SPACE PROVIDED) The Learning Centers at the 13 Boys & Girls Club organizations throughout San Diego County offer informal education and training programs to over 23,000 youth who are primarily culturally diverse and from lower income families. One of the primary tools utilized is Power Hour, a regimented program including components in homework, tutoring and educational enhancement activities. Through the involvement with the Learning Centers, students are provided a better op- portunity to achieve their educational potential. I A -/S7J II 96FDCFP2 Page F-2-CHI3A . r . " PROPOSED lZ-MOm1i BUOGLí BY STRATEGY 1996-97 PLEASE TYPE ALL YOUR RESPONSES Boys & Girls Club of Chula Vista LEAD AGENcY ~ DlorrCODE I 6128 . PLEASE NOTE . ZIOO ZZOO Z300 A) FORM F-4 . PROCRAMTrrtE Learning Centers SERVICE STRATEOYCODE (5 DlOITS) I CHI3A FOR "OTIIER" STRATEOIES, USE APPENDIX F-Z SoWies --..-..........""""""""""""""""""""'"..........................-.-...-.........""'" Emplayœ Beneli"..............................-....-...........-.....""--'-"""""""""""'-'" Z4oo Tar AL SALARY EXPENSES.......................................................................................................... P¡yroll Taxes ................................................................................,........................... ZSOO Z7oo Z800 3000 3100 3Z00 3300 3500 ~300 ~9OO Proressional F= ............................................................................................,......... Supplies.................................................................................................................:... Pos\a8e" Shipping................................................................................................... Occupancy...................-.........................................................-............................... InteresL..................................................................................................................... Printing" Public.ation,.............................................................................-............. Travel.................._.................................................................................................... Conrerences" M«ting'......................................................................................... Special "". to Individual....................................................................................... Equipment Rontab" M.;Un'enancc.......................................................................... TarAL NON.SALARY ..EXPENSES.............................................................................................. MJ",elIancoW"........................................................................................................ B) C) TarAL DIRECT SERVICE EXPENSES (A+B)............................................................................... D) TarALADMINIs-rRATIVt AND fUND RAISING EXPENS¡;SCHAROWTO PROGRAM ........ SUPPORT" REVENUE E) TarAL EXPENSES (C+O)............................................................................................................ 0110 0400 1000 1100 1300 1600 1700 1900 ZOOO Special Evenu/Contribution, (Includes UW dc.ñgnation,).................................... Rovenue rrom Ront./Sale or Inventcries.................................................................... Government Contribution, (Fees" Oran")............................................................ Member,hip Dues and ^"'=menU.....:..................................................................... Program Service Revenue (F=)................................................................................. Investment Income (Saving, "Securities Revenue).................................................. Founda'ion/Corpora'e Cran"................................................................................. uw or SD Program Funding.............................................................._....._............. Tar AL SUPPORT AND REVENUE...............................-.............-..........................-............. Other.:.......................................................................................-.........-............. F) . ,A-/~I Page, F-4-CHI3A 1996-97 PROPOSED 588,855 109,786 59,884 758,525 29,942 39,922 9,981 119,7"67 0 14,970 0 9,981 0 14,971 0 239,534 998,059 0 998,059 469,088 0 0 49,903 203,604 0 159,689 110,625 4,851 997,760 . Le.a.rn;ng Ce.nte.rs United Way 96/97 Outcome. Addre.sse.d: Investing in Youth & Children - Education Strategy: Prevention O/S Code: CHI3B Students have the necessary support to reach their potential for economic success. Youth will be better trained and educated to be prepared for, and thrive in a changing world. Provide programs that will prepare you~h for securing and maintaining employment. Introduct;on: The experience of the Boys and Girls Clubs for over 135 years \ has been in helping youth of all backgrounds, with special concern for those from disadvantaged circumstances, develop the qualities needed to become responsible citizens and leaders. The Club organizations of San Diego County meet Nationa1 standards for operation and Quality Programing and are currently serving children at 28 locations. The Clubs of San Diego County have a strong history of collaboration that has been recognized by our National organization for our ability to make greater strides together. Our local Clubs are experienced collaborators, currently participating in other countywide programs such as a Weingart Foundation grant and a national pilot program for our training of Middle Mangers. Va.lue.s & Gu;de.l;nes: Boys & Girls Clubs princilpals include serving youth of all races, religions and ethnic cultures. We offer a varied and diversified program that recognizes and responds to the collective and individual needs of girls and boys. Our mission is to provide the youth a safe and secure environment which meets their physical, mental, emotional, and social needs through activities under the supervision, guidance and leadership of trained professional staff. Ta.rge.'t Popula.t;on: We will specifically address the outcome of providing guidance toward educational success through providing instruction and sufficient guided motivation and to children from 6 - 17 years old on 28 service site throughout San Diego County. 5 .A-I.:r~ Learn;ng Centers Serv;ce prov;der InTormat;on: All 13 organizations of Boys & Girls Clubs of San Diego County have collaborated to derive additional strength and greater impact from the sharing of our staff's varied knowledge and abilities, assorted facilities and training resources on a county wide basis, Through Collaboration the Boys & Girls Clubs will provide a consistent continuum of quality youth development services throughout San Diego county. 6124 6128 6161 6131 6136 6139 6166 6142 6144 6168 6146 6154 6159 Boys Boys Boys Boys Boys Boys Boys Boys Boys Boys Boys Boys Boys & Girls & Girls & Girls & Girls & Girls & Girls & Girls & Girls & Girls & Girls & Girls & Girls & Girls Club of Carlsbad Club of Chula Vista' Clubs of East County Club of Escondida. Club of Fallbrook Club of Imperial Beach Clubs of National City Club of Oceanside Club of Ramona Clubs of San Diego Clubs of San Dieguito Club of San Marcos Club of vista Program Descrpt;on: Activities and Methods Club facilities are open throughout the year and programs are connected to each other to provide experiences that build on each other in a consistant manner. After providing educational assistance, opportunities to apply cummulitive skills are presented within the Club program. Clubs are a mirco-casmum of the society in which youth will have to secure and maintain employment with one notable exception. Our primary objectiye is for the youth to succeed. Two Core Areas used to enhance education are: PERSONAL AND EDUCATIONAL DEVELOPMENT PROGRAMS: The Personal and Educational Development programs help youth to prepare for their future, offer assistance in resolving personal crises and provides opportunities for career e~ploration and educational enhancement. Career Guidance Computers Reading Counseling Power Hour First Aid Classes Tutoring (Math, Science, English, History) 6 A -/:5'..3 Lea.rn;ng Centers CULTURAL ENRICHMENT PROGRAMS: Cultural Enrichment helps youth to enhance self-expression and creativity, develops multi-cultural appreciation, provides exposure to and develops skills in crafts, visual arts, performing arts and literary arts which can lead to career choices. Dance (Jazz, Tap, Ballet, Music Drama Choir Band Crafts Wood working Sewing Graphic Arts Lapidary Fine Art Ballroom) Puppetry Piano Ceramics silk screèning Poetry . Juggling Jewelry making Cooking Short stories Photography Enhancement: Teen Leadership Program allow youth to assume jobs of responsibility within the Club under experienced adults where guidance can be offered on basic job skills. Small Business Opportunities ventured by Torch and Keystone groups can teach youth how to keep records, schedule their time, manage an inventory, use calculators and computers. Fund;ng Levera.ge: United Way support provides the initial support to programs with can then leverage addition community support to increase services. United Way agency qualifications and monitoring assure Donors that certain standards have been adhered to. Mon;tor;ng & Eva.lua.t;on: Each year Boys & Girls Clubs under go an intense reveiw by our National organization called "Committment to Quality". Each activity as well as the physical site and staffing are reviewed in detail and graded on their ablity to develop in each child a sense of belonging, usefulness, competence and influence. Additional individual youth are tracted to evaluate the effect of the program in attaining these goals. System Cha.nge: None 7 ¡I-1St! 'I UNiTED WAY OF SAN DIEGO Form F.2 I 1996-97 COMPETITIVE FUNDING PROPOSAL COVER COVER FORM - STRATEGIES DEMOGRAPHIC INFORMATION 4 DIGIT AGENCY CODE ~~ [J;f:¡Mi~,:Qi/l.IqJtt', >,II,',:~~oq.~~PJ;!19 :.1 I . ;;;INpOME I I ~g~ ' I AFRICAN AMERICANIBLACK NORTH COUNTY WEST BELOW POVERTY LEVEL 0 . 4 ~ ~ ~ ITIIIIIiliJ AMERICAN INDIAN NORTH COUNTY EAST UP TO 25% ABOVE POV, LEVEL 5 .9 DJJ::IJiliIi] ~ CIIIIillE[î] o::I:IiliJili:Ø ~~~~ WHITE EAST COUNTY TOTAl' 18.54 ~ CIJITIIill2J 0I:Iili[ili[l] [[Ill]ZJill] ~~I".'.",,'."SEX~~I~ OTHER SOUTH COUNTY FEMALE ~ ITIIEI1IiliJ ~ , TOTAL' MALE CIJJ:iliJ:iliTI ~ TOTAL' CIIIlliI2illIJ REMEMBER. USE ONE PAGE(C-2) FOR EACH DIS CODE YOU HAVE CHOSEN 0/5 COOE ~ 75 + [[J]JI[E TOTAL' ITIJillIT[illJ IF 'OTHER', PLEASE SPECIFY I .JTAL' 0JJ2Œili[] ",",," cêâ'r6taf<if', U@9pllcated Clients' :~ PROPOSAL SUMMARY (PLEASE TYPE A SUMMARY OF THE PROPOSAL IN THE SPACE PROVIDED) The Learning,Centers at 13 Boys & Girls Club organizations throughout San Diego County provide a wide array of educational and training programs that help prepare youngsters for future employment. Over 23,000 youngsters who are primarily culturally diverse and from lower income families have access to career development workshops, computer training, counseling and educational assistance which helps those individuals seek emploYment and/or maintain employment. As a result, individuals who typically do not have access to the above training opportunities increase their chance of becoming gainfully employed. I . 96FDCFP2 A - /~~ Page F-2-CHI3R I PROPOSED 12-MONTII BUDGET BY STRATEGY 1996-97 Boys & Girls Club of Chula PVï~t~E TYPE ALL YOUR RESPONSES IL\DACENCY PROCItAMTITLE Learning Centers <DlcrrCODE I 6128 SERVICESTRATECYCODE(SDlcrrs) ICHI3B . . PLEASE NOTE . 2100 2200 2300 A) FORM F-4 . FOR "OTHER" STRATECIES, USE APPENDIX F-2 Salari.. ...................................................................................................................... Employee Benefi"..................................................................................................... Payroll T..... ............................................................................................................ Tar AL SALARY EXPENSES.......................................................................................................... Prof""ionaI Fees ....................................................................................................... 2400 2500 2700 2goo 3000 3100 3200 3300 3500 4300 4900 B) Suppli......................................................................................................................,' Pos"'8e 8< Shipping................................................................................................... Occupaney................................................................................................................ In,....t....................................................................................................................... Prinling 8< ..Publiealions.......................................................................................... Travol........................................................................................................................ Confmne.. 8< Meeling................................ """""""""""""""""'" SpeciaI kst to IndividuaI....................................................................................... Equipment Ren'als 8< M>Jntenanee.......................................................................... TarAL NON.SALARY E,XPENSES............................................................................ Miscellaneous:.................................................................................................... C) TarAL DIR£cr SERVICE EXPENSES (A+B)............................................................................... D) TarAL ADMINISTRATM: AND fUND RAISINC E,XPENSES CHARCEDTO PROGRAM.. SUPPORT 8< R£VENUE E) TarAL EXPENSES (C+D)............................................................................................................ 0110 0400 1000 Iloo ¡'3oo 1600 1700 1900 2000 fì SpeciaI Even"/Conlribulions Onclud.. UW designa'ions).............. Revenue from RenL/Sale of Invenlories.................................................................... Government Contributions (Fees 8< Crants)............................................................ Membership Du....d A.ssessmrn".........................................................-................ Program Service Revenue (fees).................................................................................. Inv..tment Income (Savings 8< Se<uriti.. Revenue).................................................. foundation/Corporate Cran"................................................................................. UW of SD Program funding................................................................................... TarALSUPPORT AND REVENUE.............................................................................................. Other.:....................................................................................................................... 18 /I-IS{:, Page F-4-CHI3B 1996..97 PROPOSED 196,285 36,595 19,961 252 841 9,981 13,307 3,328 39,922 " 0 4,990 0 3,327 0 4,990 0 I 79,845 332,686 0 332,686 156,362 0 0 16,634 67 868 0 53,230 36,875 1,617 332,586 . .. I UNITED WAY OF SAN DIEGO Form F-3 I 1996-97 Competitive Funding Proposal Cover Form.collaboratlons COLLABORATION INFORMATION PLEASE COpy THE LEADIFISCAL AGENCY CODE HERE 4 DIGIT AGENCY CODE 1 [ill[ffi] 4 DIGIT AGENCY CODE (IF APPLICABLE) ruillm PLEASE CHECK TO SEE THAT THE SUM OF FUNDING FOR LEAD FISCAL AGENCY AND ALL THE COLLABORATIVE PARTNERS EQUALS THE TOTAL FUNDING AMOUNT LISTED ON APPENDIXC-1 FOR ADDITIONAL PARTNERS, ATTACH ADDITIONAL PAGE(S) PAGE...LOF,2, A -157 . 96FDCFP Page r-3A I f II UNITED WAY OF SAN DIEGO 1996-97 Competitive Funding Proposal Cover Form-Collaborations Form F-3 I COLLABORATION iNFORMATION PLEASE COpy THE LEADIFISCAL AGENCY CODE HERE 4 DIGIT AGENCY CODE 1~ 4 DIGIT AGENCY CODE (IF APPLICABLE) [W]ill] PLEASE CHECK TO SEE THAT THE SUM OF FUNDING FOR LEAD FISCAL AGENCY AND ALL THE COLLABORATIVE PARTNERS EQUALS THE TOTAL FUNDING AMOUNT LISTED ON APPENDIX C-1 FOR ADDITIONAL PARTNERS. ATTACH ADDITIONAL PAGE(S) PAGE 2. OF.3... A-ISV II 96FDCFP Page F-3B I .. .. UNITED WAY OF SAN DIEGO Form F-3 1996-97 Competitive Funding Proposal Cover Form-Colleboretlons COLLABORATION iNFORMATION PLEASE COPY THE LEADIFISCAL AGENCY CODE HERE 4 DIGIT AGENCY CODE 1~ 4 DIGIT AGENCY CODE (IF APPLICABLE) ffiJ3Ij] PLEASE CHECK TO SEE THAT THE SUM OF FUNDING FOR LEAD FISCAL AGENCY AND ALL THE COLLABORATIVE PARTNERS EQUALS THE TOTAL FUNDING AMOUNT LISTED ON APPENDIX C-1 FOR ADDITIONAL PARTNERS. ATTACH ADDITIONAL PAGE(S) PAGE.?LOF-2- A -/~-' I 96FDCFP Page F-3C I January 17, 1996 Ms. Sue Aldana, Executive Secretary San Diego Area Council Boys & Girls Club of San Marcos One Positive Place San Marcos, California 92069 Dear Sue: It is hereby resolved by the Boys & Girls. Club of Carlsbad that our organization will participate in a collaborative effort with other San Diego County Boys & Girls Clubs to solicit funding from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth. In consideration of such funding, at each Boys & Girls Club chartered unit, we agree to deliver 1.) "core programs" to a minimum of 200 "unduplicated" youngsters between the ages of 6 and 17 and 2.) nationally distributed educational programs, such as Power Hour, or similar programs developed locally to 200 "unduplicated" youngsters between the ages of 6 and 17. We also agree to meet all necessary reporting requirements in a timely fashion. . We acknowledge that this collaborative effort is only for the Portfolio of Service: Investing in Children and Youth. As a condition of participation in this collaborative effort, we resolve not to solicit any other funding, either directly or indirectly, from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth. However, we reserve the right to solicit funding within a different Portfolio of Service. The above terms were approved at a meeting of the Board of Directors of the Boys & Girls Club of Carlsbad on January 17, 1996. ~ Luke D. Matteson, President of the Board p-~~cfé{ Carman J. Cedola, Executive Director LDM/CJC/tjm /I-I' 0 Page 8 ~ BOYS & GIRLS CLUB OF CARLS BAD Administrative Office Post Offica Box 913 Carlsbad. CA 92018 (819) 729-0207 FAX (619) 729.2279 La Costa Branch 780S Cantalla Street Carlsbad, CA 92009 (619) 944.9211 FAX (619) 944.0t50 Villaga aranch 31 i5 Roosevelt Street Carlsbad, CA 92006 (619) 729.0956 Board of Directors Olficers Luke Manesan Presidenr Will Howard Vice-President Bob Grimes Vice-President Joe Vigil, M.D. Vice.President Hope Wrisley Secrerary & Chia! Financial Officer Members Bruce Bandemer Olelia Escobedo Bob Grimes John Haedrich Will Howard Bruce Jordan. D.D.S: Steven K. Krogh. CFP Richard Macgurn Luke Maneson' Greg Nelson' David Oas A. Sandy Parsons, Ph.D. Conrad B. Pawelski Michael Pfankuch Doug Simpson Phil Urbina' Manny Valdez' Joe Vigil, M.D. Hope Wrisley 'Past Prasiden! Exectlva Director Carman Cadola . 'U","'W"AQ'"" Administrative Office 1301 Oleander Ave. Chula VIsta. CA 91911 (619) 421-4011 (619) 462-6736 FAX BRANCH LOCATIONS: 1301 Oleander Ave. Chula Vista, CA 91911 (619) 421-4011 465 'L' Street ChulaVlsta,CA91911 (619) 420.1222 Boord 01 Olroctors Catherine Jamison President John Collins Vice President 01 Finance George Krempl Vice President 01 Administrallon Jnne Reel Vice President 01 Operations Donald R. Read Vice President 01 Resource Development Nestor Olguin Seerelary Lowell Billings Billie Brown Josel Cilron Lenore Cilron Mary Hammond David Loveland Jayne Maple Stephan Melvin John Moot, Esq. Mary Rankin W. Scott Mosher Ex?cutive Director iris Hlc. A member organization 01 Gills Incorporated @ BOYS & GIRLS CLUB OF CHULA VISTA January 29, 1996 Ms. Sue Aldana, Executive Seéretary San DIego Area Council Boys & Girls Club of San Marcos One Positive Place San Marcos, CA 92069 Dear Sue: It is hereby resolved by the Boys & Girls Club'of Chula VIsta that our organization will participate In e collaborative effort with other San Diego County Boys & Girls Clubs to solicit funding from the united Way of San Diego County for the Portfolio of Service: Investln~ In ChIldren and Youth. In consideration at such funding, at each Boys & Girls Club chertered until we agree to delIver 1.) "core programs" to a minimum of 200 "undupllcated" youngsters between the ages ot 6 and 17 2.) nationally distributed educatIonal programs, such as Power Hour, or similar programs developed locally to 200 "undupllcated" youngsters between the ages of 6 and 17. We also agree to meet all necessary reporting requIre- ments In a timely fashion. We 'acknowledge that this collaborative effort Is only for the Portfolio of Service: Investln~ In Children and Youth. As a conditIon of particIpation In thIs collaborative effort, we resolve not to solicIt any other funding, either dIrectly or Indirectly, from the United Way of San Diego County for the Portfolio of Service: Investln~ In ChIldren and Youth. The above terms were approved at a meeting ~f the Board of Directors of the Boys & Girls Club of Chula Vista on January 25, 1996. SincerelYt 'fL;t~ John R. Collins Acting President w,~~ W. Scott Mosher Executive Director A-I" . IJnII;8d """" I cHAC ._........~....~. Page 9 i ërwæ~ .. "1f'.\"'..']'1~"1'4 ~ Administrative Office 260 E. Chase Ave.. Suite 204 P.O. Box 1133 EI Cajon, CA 92022 (619) 440-1600 FAX(619) 440.2331 RESOLUTION It is hereby resolved by the Boys & Girls Clubs of East County, that our organization will participate in the collaboration with other San Diego County Clubs for funding from the United Way of San Diego. - We agree to serve a minimum of 100 children ages 6.- .12 years old with core programming. We will also meet all of the necessary reporting requirements in a timely fashion. Furthermore, we agree that this collaboration is for the category of Investing in Youth and will not apply for other funding in the same category. We may apply for other funding in different areas. jwt{ VvL U!Ã-- I) /2 )¡ 9)' Date I AMÈNDMENT: As of lhis date. February 51h. 1996 the Boys &, Girls Clubs of EI2$I Count;y will agree to serve a minimum of 200 .unduplicated" youngsters between the ages of 6 and 17. We will also meet all necessary reporting reqUirem~s 171 a timely fl2$hlon. Jerry Fazio, Exeeutiue Diree .... ,A-I'~ to EI Cajon Club Santee Club Lakeside Club 442.c371 449-2064 443-9293 MEMBER: BOYS & GIRLS CLUBS OF AMERICAAND UNITED WAY/CHAD Page 10 February 5, 1996 Ms. Sue Aldana, Executive Secretary San Diego, Area Council Boys and Girls Club of San Marcos One Positive Place San Marcos, CA 92069 Dear Sue: It is hereby resolved by the Boys and Girls Club of Escondida that our organization will participate in a collaborative effort with other San Diego County Boys and Girls Clubs to solicit funding from the United Way of San , Diego County for the Portfolio of Service: Investing in Children and Youth. In consideration of such funding, at each Boys and Girls Club chartered unit, we agree to deliver 1.) "core programs" to a minimum of 200 "unduplicared" youngsters between the ages of 6 and 17, and 2.) nationally distributed educational programs or similar programs developed locally to 200 "unduplicated" youngsters between the ages of 6 and 17. We also agree to meet all necessary reporting requirements in a timely fashion. We acknowledge that this collaborative effort is only for the Portfolio of Service: Investing in Children and Youth. As a condition of participation in the collaborative effort, we resolve to restrict any other solicitations for funding, either directly or indirectly, from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth to an application specifically focused on "Self-Sufficiency" as the desired "Outcome" and which pursues a "Strategy" of "Intervention" within the Portfolio of Service: Investing in Children and Youth. The above terms were approved at a meeting of the Board of Directors of the Boys and Girls Club of Escondido on January 4, 1996. Sincerely, TJJ7.4! President of the Board /1-1'3 Page 11 ~ BOYS 8. GIRLS cum OF ESCONOIOO Lefty Mitchell Bronch Administrative Oilice 115 W. Woodward Ava. Escondldo, CA 92025 (619) 746.3315 Neville & Helen Bak" Family Branch 835 W. 15th Avenue Escondldo, CA 92025 (619) 745.0515 Valley Cent" Unit 26751 Cole Grade Road Valley Center, CA 92062 (619) 749.9622 ~ BOYS & GIRLS CLUJ Of """ooK Boy. & Girl. Club 01 Fallbroo: P.O. Box 476 fallbraak. CA 92088 (619) 728.5871 fAX (619) 728.1736 January 25, 1996 It is hereby resolved by the Boys & Girls Club of Fallbrook > that our organization will participate in a collaboration effort with other San Diego County Boys & Girls Clubs to solicit funding fronm the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youths. In consideration of such funding, at each Boys & Girls Club chartered unit we agree to deliver 1) "core programs" to a minmuum of 200 "unduplicated" youngster between the ages of 6 - 17 and 2) nationally distributed educational programs, such as Power Hour, or similar programs developed locally to 200 "unduplicated" youngster between the ages of 6 - 17. We acknowledge that this collaborative effort is for the Portfolio of Service: Investing in Children and Youth. As a condition of participation in this collaborative effort, we resolve not to solicit any other funding, either directly or indirectly, from the United Way of San Diego County for the Portfolio of.Service: Investing in Children and Youth. The above terms were approved Directors of the Boys & Girls ~k . Andy Vanderlaan President of the Board at a meeting of the Board of Club of Fallbrook on January 25, ~S~lDLL- Executive Director /I-I'V -"'.. ¡wi. Dr . Page 12 "'-_/CHAO C""""" February 5, 1996 ~ BOYS & GIRLS CLUB OF IMPERIAL BEACH Ms, Sue Aldana, Executive Secretary San Diego Area Council Boys and Girls Club of San Marcos One Positive Place San Marcos, CA 92069 Boy, & Gin' Club of Imped,' B..ch 847 Entina Avanue P.O. Box 493 Imperial Beacn, CA 91933 (819)424'2266 Dear Sue: It is hereby resolved by the Boys and Girls Club ofImperial Beach that our orgalÙzation will participate in a collaborative effort with other San Diego County Boys and Girls Clubs to solicit funding ITom the United Way of San Diego County for the portfolio of Service: Investing in ClUldren and Youth, In consideration of such funding, at each Boys and Girls Club charted unit, we agree to deliver I,) "core programs" to a minimum of 200 "unduplicated" youngsters between the ages of 6 and 1 7 and 2,) national distributed educational programs, such as Power Hour, or similar programs developed locally to 200 "unduplicated" youngsters between the ages of6 and 17, We also agree to meet all necessary reporting requirements in a timely faslUon, We acknowledge that tIlls collaborative effort is only for the Portfolio of Service: Investing in ClUldren and Youth, A5 a condition of participation in tIlls collaborative effort, we resolve not to solicit any other funding, either directly or indirectly, ITom the UlÙted Way of San Diego County for the Portfolio of Service: Investing in Children and . Youth, Th"-Ithl)ve term~ were approved at a meeting of the Board of Directors of the Boys and , Girls Club ofImperiai Beach on January 3, 1996, " Sincerel1, ~~ President of the Board ~b~~ Executive Director .A -/,,~ ~ Page 13 "The Positive Place For Kids" e ,v.."co,uo"'o' ~ BOYS 8< GIRLS eWBS 01 National City 1430 "0' Avenue, National City, CA 91950 (619) 477.5445 January 18, 1996 Ms. Sue Aldana, Executive Secretary San Diego Area Council' Boys & Girls Club of San Marcos One Positive Place San Marcos CA 92069 Dear Sue, , It is hereby resolved by the Boys & Girls Clubs of National City that our organization will participate in a collaborative effort with other San Diego County Boys & Girls Clubs to solicit funding from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth. In consideration of such funding, at each Boys & Girls Club chartered unit, we agree to deliver 1.) "core programs" to a minimum of 200 "upduplicated" youngsters between the ages of 6 and 17 and 2.) nationally distributed educational programs, such as Power Hour, or similar programs developed locally to 200 "unduplicated" youngsters between the ages of 6 and 17. We also agree to meet all necessary reporting requirements in a timely fashion. We acknowledge that this collaborative effort is only for the Portfolio of Service: Investing in Children and Youth. As a condition of participation in this collaborative effort, we resolve not to solicit any other funding, either directly or indirectly, from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth. - The above terms were approved at a meeting of the Board of Dlrectors of the Boys & Girls Clubs of National City on January 11, 1996. Stncerely, Shr UJO~ Stephen H. Dale President of the Board >1 ~ !J /l "-1-- . 4~rf" j~ Dc¿¿bU-Ld. :' Gregory'~. Beatie /"'-- Executive Director """"""'n""", !J iris IIlC. ¡A-Ib(, 10 ~ Unlt.dWay ,",n_Ca.n, Page 14 BOYS 8. GIRLS owns Of""""'"" .f "",, ~ BOYS & GIRLS CLUB ' ~ OF OCEANSIDE IJ."."""",:"",,', ",. , ,~ .," "! , ',', ,. January 17, 1996 Ms, Sue Aldana, Executive Secretary San Diego Area Council Boys & Girls Club of San Marcos One Positive Place San Marcos, CA 92069 Dear Sue: It is hereby resolved by the Boys & Girls Club of Oceanside that our organization will ' participate in a collaborative effort with other San Diego County Boys & Girls Clubs to solicit funding from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth, In consideration of such funding, at each Boys & Girls Club chartered unit, we agree to deliver 1.) "core programs" to a minimum of 200 "un duplicated" youngsters between the ages of 6 and 17 and 2.) nationally distributed educational programs, such as Power Hour, or similar programs developed locally to 200 "un duplicated" youngsters between the ages of 6 and 17. We also agree to meet all necessary reporting requirements in a timely fashion. We acknowledge that this collaborative effort is only for the Portfolio of Service: Investing in Children and Youth. As a condition of participation in this collaborative effort, we resolve not to solicit any other funding, either directly or indirectly, from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth, The above terms were approved at a meeting of the Board of Directors of the Boys & Girls Club of Oceanside on January 11, 1996, Sincerely, ~~ Randall B. GOd~ Executive Director iris Ie. '.m", 0""""'°" ., " '...,po",.. /I-I" 7 P,O, Box '~01 * Oceanside, California 92051 * (619) 433-8920 FAX (619) 433.2260 Town Sile: 401 Country Club Lane * Libby Lake Unit: 489 Calle Montecilo (619) 721.5851 Pa"p , ~ ~ GOY, :,'Z.".~CL'" ..~ BOYS & GIRLS CLUB OF RAMONA P.O. Box 1915 Ramona, CA 92065 (619) 788.7564 (619) 789.8203 FIV< 788.1453 Ramona Branch 720 9th Sl Ramona, CA 92065 (619) 768.7564 Board of Dlracto... 'Tony Ande Judy Endeman Rechael Gilmore Chuck Lel1enager Felix Ramirez John Royer Jack Smith Ginger Spann Ralph Turner Daniel Vengler !F President Tru.t... Karen Bond Kan Brock Norma Gercia MarfoGhlo Barry Heath Marshall Kalsay Kelly Manno Steve Mort Claudia Nabours Alp Rodine Daniel Roops Da"" Smilhley Vlctorta Tobiason Jan Walker OHlcer. Larry .Jones President Julie Walker VIce President Diane BertaJan S. uym~asurer RESOLUTION It is hereby resolved by the Boys & Girls Club of Ramona, that our organization will participate in the collaboration wilh other San Diego County Clubs for funding from United Way of San Diego. We agree to serve a minimum of 100 children 6.12 years old with core programming. We will also meet all the necessary reporting requirements in a timely fashion. Furthermore, we agree that this collaboration is for the category of Investing in Youth and will not apply for other funding in the same category. We may apply for other funding in different areas. d~9~ Larry Jones, P eside 7 /-5-9(;, Date AMENDMENT: As of this dale, February 5ih, 1996 the Boys & Girls Club of Ramona will agree 10 seroe a minimum of 200 "unduplicaled" youngsters between the ages of 6 and 17. We will also meet all necessary reporting requirements in a timely fashion. J- H. Mill". &,,"'~ Di~-5f!-, A-II,V . Jeffrey H. Miller Executl"" Director Member: Boys & Girls Clubs of America' The Positive Place For Kids A United Way Agency Page 16 ,. "~ BOYS & GIRLS CUIBS OF SA. 0"00 Support ..""... Offlc, 3180 FOUM '..nu" M, 1 $on 01000, 0. "'0' (S"I"S...20 Fu (m) """"S Wm. J. 0,... Lo..n H".hlo B"neh ..'" M,"Y 'oon" S.n O~.., 0"211' (S"I 525.173. Lind. VI". B"nch 22'" E,,' ""'01' SI"01 S'nOI'..,CA'211' (S"I 271,0070 O,.I"monl B""h ..OS Ol'.'mon' Mm Blvd. Son 01'... 0' ""7 (""m.,s" Encon'oÐ""h ,m 1m..'.' 'oon" SonOi,"o.CA"". ("" ""S'07 p... C""mon W"',.m J. 0.." 0'"" A. SPO" A..", Pon.. INinO E. ""'mon """,oW", J,m" A. Aooo,", "'l..<On "'" A.."n. WltH.mE.S,i,.. O"" Po." 0"" H. 0".,.. Mho< L. Aivkin Oo."uOOi" AoO'. 0,,", F"d W. Jill,on O..,dW J,,",on L. Aob," Po,", 01. "'o"on C. Jo"on"n No""on ""'~' Willi"" B. Kol"",.. J.m" V. Bm John w. Won GooI" Joni~n' "ioh'" P. Almio 001' E", Bo"d ONlc"" J,m"H.O"... C.."",," Si...n J. B",. . "~"C"""".. . J"k S".on,"" . \Ii"-cn.I"".,, Am"", """0 Gil..d S"""", Su"n' 0..1, T"""", s-..~ Unlled Way .s~_c-.. January 24, 1996 Ms. Sue AJc\ana Executive Secretary San Diego Area Council Boys & Girls Clubs of San Marcos P.O, Box 1330 San MarcDs, CA 92079-1330 Dear Ms, Aldana: It is hereby rl'solved by the Boys & Girls Clubs of San Diego that our organizalion will panidp:lle in a collaborativc errorl with other San Diego County Boys & Girls Clubs to solicit funding from Ihl' United Way of San Diego County for Ihe Porlfolio of Service: Invcsting in Children and Youth, We agree that with the funding requested, at each Boys & Girls Club unit, we will deliver "core programs" to a minimum of 200 "unduplicated" youth between the ages of six and seventeen; educational programs such as Power Hour to 200 "unduplicatcd youth, Addilionally, we agree 10 meet all necessary reponing requirements in a timely fashion, We acknowledge that this collaborative effon is only for the Portfolio of Service: Investing in Children and Youth. The collaboration erìorts were presented to the Board of Directors al the January 17, 1996 meeting. Sincerely, ðr~ t-LOk J mes H. Oliver hairman Board of DireclOrs Dell Epps Interim Presìdenl & CEO ,4-/b9 Page 17 'I'(hen yoUf will Includ.. a b.que",o Th. Boys and Gi". Clubs 01 San DI.go, i, becomes a living memo'iallof lhe Cilizo'" 01 Tomonow.. ...~ ßOYS &. GIRLS eWES Of NlERlCII BOARD OF DIRECTORS Les Cross, Chainnon Ger>!d T. La!'1amme, Vi", Chair JciuI ~~ ~~ ~velopmet1' Fu"n'" I AdministntJon 10 Willhite, Vi", Chair ProS"'" 8<njamin Goodwin, VI", Chair Development &roan Harper, Soeretary Rœ. Mary Eller, T=urer Ch;~uiu Abboo David Allred Doo¡las O. Allred' Glen W. Bell, Jr. R.1I¡:à -",cOUrt ~uI;.are¿ auk. M.D.' DcMia C""", ludy CuMin¡ham Edw,," M. E¡intoo Eu¡ene B. fJ..cher, Jr. S"ph,n W. fJ..cher' E. Doo~d frick' De.vI A. Gqm R.1y Griset' J=ph W. Harper Rjchard V. Hyatt Ed loh""" Lawr""" R. lam",' T,rry Ling,nr,lder' Richard W. Madr",h P. Manin POI'" Chul", A. PiM'Y. III I..ocnard PolSter Buck Ramsey p -d R.1ndaJl 1 .e",eria Paul Rodeno Rob:n L. Rœ7~os a",¡" F. Schadt, 1r Jim S'ohm,dding ¡e., V~"" Jam", M. Watkin" Eric Wei."'n Roben Wh~'n Basil Woolley 'Past Chairman f:X¡:CUTIVE DI~ECT()~ ~i,h"d L. H""k DIR~CTOR OF PROGRAM Dun"" S. Smith DIR~CTOR OF AD,~!lN. Vickie L &aty ADMINISTRATIVE OFFICE (619) 755.93711 FAX 755.0DI ALLRED BRANCH 12m C"",el P>r;t Drive San DieiO, CA 92130 (619) ,793-9196 DEL MAR BRANCH 14125 Mango Drive Del Mar, CA 92014 (619) 4114116 GRISET BRANCH 1221 Endnius Boulevard En,""',as. CA 9200. LI....AS SANTA ¡.~ BRANCII 5)) Lomas San.. Fe Drive Solana a.:ach. CA 92075 (619) 755 9J73 SAN D lEG UITO BOYS & GIRLS CLUBS P.O. BOX 615, SOLANABEACH,CALIFORNIA 92075 February 5, 1996 Ms, Sue Aldana, Executive Secretary San Diego Area Council Boys & Girls Club of San Marcos One Positive Plae San Marcos, CA 92069 Dear Sue: It is hereby resolved by the Boys & Girls Club of San Dieguito that our organization will participate in a collaborative effort with other San Diego County Boys & Girls Clubs to solicit funding from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth. In consideration of such funding, at each Boys & Girls Club chartered unit, we agree to deliver (1) "core programs" to a minimum of 100 "unduplicated" youngsters between the ages of 6 and 17, and (2) nationally - distributed educational programs, such as Power Hour, or similar programs developed locally to 100 "unduplicated" youngsters between the ages of 6 and 17. We also agree to meet all necessary reporting requirements in a timely fashion. We acknowledge that this collaborative effort is only for the Portfolio of Service: Investing in Children and Youth. As a condition of participation in this collaborative effort, we resolve to restrict any other solicitations -for funding, either directly or indirectly, from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth to an application specifically £ocused on "Self Sufficiency" as the desired "Outcome" and which pursues a "Strategy" of "Intervention" within the Portfolio of Service: Investing in Children and Youth. The above terms were approved at a meeting of the Board of Directors of the Boys & Girls Clubs of ~::nco:"g;:to 0" "broary', ~ .0 ~ s . ~ Houk C ~rman of the Board Executive Director /1-/70 AN ORGANIZATION /JEDICA TED TO PROVI/JING POsmVE ACTIVITIES TO DEVELOP TlfE HEALTH, SELF-ESTEEM ANIJ CHARACTER OF YOUTH. Page 18 . "n"'."'v "~_~n. .1I1l¿ PÚ/t/t't, Plaoe- lOt< Mil.? " ~ February 5, 1996 BOYS & GIRLS CLUB OF SAN MARCOS Mr. RaymDnd Cruz, President San Diego Area Council Boys & Girls Clubs of San Diego County 1 Positive Place San Marcos, CA 92069 Dear Mr. Cruz, It is hereby resolved by the Boys & Girls Club of San Marcos that our organization will participate in a collaborative effort with other San Diego County Boys & Girls Clubs to solicit funding from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth. In consideration of such funding, at each Boys & Girls Club chartered unit, we agree to deliver 1.) "core prDgrams" to a minimum of 200 "unduplicated" youngsters between the ages of 6 and 1 7. We also agree to meet all necessary reporting requirements in a timely fashion. We acknowledge that this collaborative effort is only fDr the Portfolio of Service: Investing in Children and Youth. As a condition of participation in this collaborative effort, we resolve not to solicit any other funding, either directly or indirectly, from the United Way of San Diego County for the PortfDlio of Service: Investing in Children and Youth. The above terms were approved at a meeting of the Board of Directors of the Boys & Girls Club of San Marcos on January 29, 1996. Sincerely, ({;! 1 NÞf¡; Hal J. Martin President Board of Directors $'" .. Executive Director 11-/11 One Positive PI~cc' S"n MMCOS, C"lifornia ~2()L~' (("~1471-24~()' F"x (6191 471-0()?) Page 19 ,- ". j. ~' January 18, 1996 BOYS & GIRLS CLUJ OF VISTA Ms. Sue Aidana, Executive Secretary San Diego Area Council Boys & Girls Club of San Marcos One Positive Place San Marcos, CA 92069 410 W. California Ave. Vista, CA 92083-3597 (819) 724.6606 (619) 724'1159-Fax Dear Sue: OFFICERS Pam Oavis, President Ken 8ouchard, Pres. Eie, Oeborah Davis-GilJespie Fred Widmer, Secretary loan Thurman. Treasure< We acknowledge that this collaborative effort is only for the Portfolio of Service: Investing in Children and Youth. As a condition of participation in the collaborative effort, we resolve to restrict any other solicitations for funding, either directly or indirectly, from the United Way of San Diego County for the Portfolio of Service: Investing in Children and Youth to an application specifically focused on "Self- Sufficiency" as the desired "Outcome" and which pursues a "Strategy" of "Intervention" within the Portfolio of Service: Investing in Children and Youth. 80ARD OF DIRECTOR' 6ob Fuller' -. Paul Corman Jon Cruelich John Gully Jack Gyves Glen Hampton' Ernest Hunt' Daryl Krewson Jim Mashburn Stephen Mars Ed McCarry Read M'¡ler Paul Nelson Charles Nino Lt. Frank Nunez Bob Pope' Ceorge Poner' Tom Shadle' Sand" Shuda Wil Simlik- Dr. Richard Stang' Bill Thomas Morris Vance Rod Wauile Victoria Wauile 0 Lorry Weitzel It is hereby resolved by the Boys & Girls Club of Vista that our organization will participate in a collaborative effort with other San Diego County Boys & Girls Clubs to solicit funding from the United , Way of San Diego County for the Port(olio of Service: Investing in Children and Youth. In consideration of such funding, at each Boys & Girls Club chartered unit, we agree to deliver 1.) "core programs" to a minimum of 200 "unduplicated" youngsters between the ages of 6 and 17 and 2.) nationally distributed educational programs or similar programs developed locally to 200 "unduplicated" youngsters between the ages of 6 and 17. We also agree to meet all necessary reporting requirements in a timely fashion. EXECUTIVE DIRECTOR Howard Amend The above terms were approved at a meeting of the Board of Directors of the Boys & Girls Club of Vista on January 18, 1996. ASST. EXECUTIVE DIREt David Blevins S.incerely, WOMEN'S AUXILI.~RT Betty Collar, President Kelly Pack, Vice Presiden Jan Dausman, Secretary Betty King, Treasorer w.JQ,/~ President of the Board ~ utive Director Honorary Board Thomas Banning' lohn Cosh' Oscar Knieff' Mrs. Jane Loomis Mrs. Bee Meyer Dr. Charles Shean' /I-11~ . Past Presidents Page 20 0 AUI>'"""'" A..'~r COMMONLY ASKED OUESTIÖNS BOYS & GIRLS CLUB OF CHULA VISTA COMMONLY ASKED QUESTIONS Why does the Club want to close the L Street Center? The Club does not want to close the L Street Center. The organization has been working very hard to generate the resources necessary to maintain all of our program services. Unfortunately, the Club has èxperienced significant decreases in two major funding sources - Bingo and United Way. Other fundraising efforts have not been able to fully compensate for the reduétion in funding. We must either generate the adequate resources to maintain our services or we need to significantly decrease our expenses. Decreasing expenses significantly would require us to close one of our Centers. But why close the L Street Center Ys. the Oleander Center? There is a significant need for our services at both locations. Both locations serve predominantly at-risk youth from low-income families. Both locations serve a high percentage of kids from single parent families. The primary difference between the two locations is that the Club owns the Oleander Center. The L Street Center is owned by the City and is located on school district property. We have an Operating Agreement with the City and the Sweetwater Union High School District which allows the Club to operate programs there certain hours during the week. The Oleander Center is also larger with 26,000 sq. ft. of space as compared with the L Street Center with 17,000 sq. ft. The Oleander Center also houses our administrative offices, our licensed preschool and child care center, and serves a greater number of youth on a daily basis. This is why if we are forced to close a Center, it would be the L Street Center. Why are we just learning about this financial crisis? Each year during our budget process, we develop a plan to generate the funds we need. While it has been difficult to offset the reductions we have experienced, our plan was based on bingo revenues stabilizing and us significantly increasing our current support campaign. Unfortunately, neither of these were realized. Had they been, there would have be no need to even consider closing a Center. In November, based upon our financial condition, the Board wanted to the closure to be considered in more depth. While we had -160- /1-113 expressed our need of funds at our parents meetings, the November parents meeting was the first that we discussed that possible need to close the Center. Our situation was discussed again at the January Parents Meeting at L Street and we discussed our needs with City staff in January. Since that time we have had a series of meetings with parents, community leaders, organizations, and individuals. Our thrust has been to try to mobilize the community to assist us so not to have to eliminate services. Based on the support we are receiving, the Center will definitely stay open through the end of our fiscal year which is June. This provides us the time to explore additional funding sources to see if we can generate the adequate resources necessary to maintain services throughout the coming year. It is important to realize that every funding request we make, every special fundraising event we have, and every contribution we solicit is to help us maintain services for our kids. Why is the L Street Center having funding problems? The overall Boys & Girls Club organization is experiencing these financial challenges. Unfortunately, should we be forced to cut back services, the L Street Center would be the one to close. Conversely, if we can generate the funds needed, the L Street Center will remain open. When will a final decision be made? At the March Board of Directors meeting it was decided that the final decision will be made at the May Board meeting. This enables us to see the results of the auction and the progress of the matching challenge grant, as well as to identify addition funding sources needed for the coming year. Because of ttle number of people working to support the Club, the L Street Center will remain open through June. Beyond that will be determined by the Board based on the foundation of support that can be developed for the coming year. Why should the City "bail out" the Boys & Girls Club? The Boys & Girls Club is not looking to the City to "bail them out". They are looking to the City to invest in the provision of critical youth development services for kids who are in need. The City would be purchasing services from the Club, and helping to ensure that those services continue. The need for the services the Club provides is great, especially in light of the pending welfare reform, under which the need for services is going to increase even more. -161 ~-/7V (These questions were presented to the Club at the Community Leader meeting from a group of parents. The responses to these are attached.) II II 8111 '18~mllAI81IC IHAI IOIl..cn K..WL~8G~ W~ CAI ACC.~~Llln AlnUIIiC. Questions: 1. What is the exact amount of money that is required to keep the doors open? 2. Commn the " Joint Use Agreement", expiration date. (?? March 27,1997. ??) 3. Can we have access to the minutes of the closed meetings? (?? February 20,1997??) 4. How do we go about getting someone appointed to the board? (By petition, proposition??) 5. Is there a breakdown of appointed positions or a chart of command? 6. Has there been an evaluation of Boys & Girls Club Upper managements, effectiveness and necessity? 7. Can we establish or have access to a separate account, to guarantee that all funds allocated for survival of" L " Street club stay at "L" Street? -162- A-/?S- (These Goal Statements were presented to the Club at the Community Leader meeting from a group of parents. The responses to these are attached.) We ~e ft ~~~~e~e@!. ~Q)~ o~ ~~e~t~ @1~@!. Q)~..Ay _a~t tlJ!.e ~g¡~ mte~~~ ~~ ~'I!J!~ @~....ü.ã!~eg". Goal s . .. 1. Clean up and revise the by-laws. 2. Incorporate active (business) and voting parent members on the board from both Chula Vista sites. 3. Channel funds so we are not conITonting closure now and in the future. 4. Appoint member so the Boys & Girls Club fulfills the Brown act ( having open board meetings where concerned parents can be infonned). 5. Increase the membership fees to five dollars per child, per month. 6. Create an open book policy where all parents have access to minutes, financial breakdowns, agreements, leases, and all other pertinent infonnation regarding the Boys & Girls Club. /1-/7' -163- BOYS & GIRLS CLUB OF CHULA VISTA RESPONSES TO QUESTIONS PRESENTED AT THE MARCH 3, 1997 MEETING 1. What is the exact amount of money that is required to keep the doors open? $80,000 is needed for this fiscal year ending June 30,1997. 2. Confirm the" Joint Use Agreement" expiration date. The Joint Use Agreement expires on 3. Can we have access to the minutes of the closed meetings? (February 20, 1997) The minutes of any given Board meeting are prepared and presented to the Board for approval at the following Bóard meeting. After such approval, the minutes will be included in the informational books located at the front counter of each Center. Consequently, the minutes of the February 20, 1997 Board meeting are subject to approval at the March 20, 1997 Board meeting and will be put into the informational books following the Board meeting. 4. How do we go about getting someone appointed to the Board? (By petition, proposition?) A committee of the Board, the Board Operations Committee, identifies the characteristics needed for Prospective Board Members at any given time. The committee works on identifying individuals who meet the criteria they have established, contact those people, and make recommendations to the Board of Directors. The Board approves those individuals who best meet the needs of the Club at that time. Names may be suggested for potential Board members. Such names may be given to the Center Director or Executive Director who will forward them to the Board Operations Committee. -164- ,19-/71 5. Increase the membership fee to five dollars per child, per month. This is one of the suggestions being considered. As with all the options being considered, the impact of such a decision needs to be examined, including impact on membership, amount of revenues that will actually be realized, method of collection and tracking of monthly fees and any associated costs, etc. 6. Create an open book policy where all parents have access to minutes, financial breakdowns, agreements, leases, and all pertinent information regarding the Boys & Girls Club. We have been responsive to parent requests by providing an informational book at the program counter in each Center. This book currently contains a listing of the Board of Directors, Minutes of Board Meetings for the past twelve month period, audited financial statements for the past three years, a copy of our current budget, and a copy of the organization's by-laws. This information will be updated regularly. -165 /I-11i' BOYS & GIRLS CLUB OF CHULA VISTA RESPONSE TO GOAL STATEMENTS PRESENTED AT THE MARCH 3,1997 MEETING 1. Clean up and revise the by-laws. The Board Operations Committee will be reviewing the by-laws this year and will present any recommended changes to the Board of Directors for approval. 2. Incorporate active (business) and voting parent members on the Board from both Chula Vista sites. As stated in the response to Question 4, a plan is being developed regarding parent participation. 3. Channel funds so we are not confronting closure now and in the future. There is no "pot of funds" to channel. We are currently working to generate the funds needed to operate all of Club's programs. There is an immediate need, as well as an ongoing need. Funds need to be raised to address our immediate needs as well as a plan developed to raise t/:le funds needed in subsequent years. The Boys & Girls Club has always and will always need the financial support of the community to provide quality services for our kids. 4. Appoint member so. the Boys & Girls Club fulfills the Brown Act (have open board meetings where concerned parents can be informed). While the Brown Act does not pertain to the Boys & Girls Club, the aforementioned plan regarding parent involvement is being developed specifically to maximize communication between parents, staff, and the Board of Directors. -166- /1-/19 Neither petitions nor propositions are accepted in the consideration of selecting Board members. However, based on the recent request for parent involvement on the Board of Directors, the Board is considering the most appropriate ways to maximize parent involvement and to keep parents informed. A formalized plan should be developed within the next thirty days and will be communicated to parents via the information books at each Center, the Parent Newsletter, and'the next Parents Meeting after the plan is completed. 5. Is there a breakdown of appointed positions or a chart of command? It is not clearly unde'rstood what is meant by "appointed" positions. Prospective Board members are elected by the Board of Directors, Board Officers are elected annually, The Board is responsible for the hiring of the Executive Director. The Executive Director is responsible for the hiring of all other staff positions. An organizational chart can be developed to illustrate the structure of the staff and Board upon request. 6, Has there been an evaluation of the Boys & Girls Club upper management, effectiveness and necessity? Yes, the performance of all staff is reviewed regularly, The organization is currently satisfied with the effectiveness and necessity of upper management staff. 7, Can we establish or have access to a separate account, to guarantee that all funds allocated for the survival of the L Street Club stay at L Street? A separate bank account will not be established, however, individual, contributions can be designated for the L Street Center and will be accounted for accordingly, Should the L Street Center subsequently close, any contributions not already spent on services for the L Street Center will be returned to the donor upon request. -167- /f-/~ð AG ENCY DESCRIPTION. Boys & Girls Club of Chula Vista TO ACCOMPLISH OUR MISSION The Boys & Girls Club of Chula Vista Is a local, autonomous organization working to provide positive activities and opportunities to develop the health, self.esteem, and character of the youth of our community, enabling them to reach their fullest potential. WE PRACTICE A SET Of PRINCIPLES The Boys & Girls Club of Chula Vista: has full-time professional leadership, supplemented by part-time workers and volunteers. insures that all girls and boys can afford to belong. Membership dues and program fees are kept low so that all boys and girls can afford to belong. is for all girls and boys. Boys and girls of all races, religions and ethnic cultures are eligible to become members. has a varied and diversified program that recognizes and responds to the collective and individual needs of girls and boys. is building centered. Activities are carried on in the warm, friendly atmosphere of buildings especially designed to conduct programs. is guidance oriented. Our club emphasizes values inherent in the relationship between the boys and girls and their peers, and girls and boys and adult leaders. They help boys and girls make appropriate and satisfying choices in their physical, educational, personal, social, emotional, vocational and spiritual lives. has an open door policy. Our club is open to all members at any time during hours of operation. is non-sectarian. USING THREE BASIC METHODS lndividual- individual assistance is a purposeful contact made by a club worker or volunteer with a girl or boy on a one-to-one basis. Small Group - Small groups consist of a small number of member¡¡ who meet regularly with an adult leader for a specific program activity or other purpose. The interaction between the participants is as important as the interaction between the staff, worker and participants. Large group or drop-in activities. These activities provide informal and individual involvement to help girls and boys achieve a high level of social skill development, confidence and participation. They allow for freedom and mobility. TO PROVIDE A CORE PROGRAM Based on physical, emotional, cultural and social needs and interests of girls and boys, and recognizing developmental principles, our club offers diversified program activities in six areas: Personal & Educational Develo men! Outdoor & Environmental Education BASED ON A YOUTH DEVELOPMENT STRATEGY a sense of power or Influence - a chance to be heard and to influence decisions. When this strategy is fully implemented, the self-esteem of girls and boys is enhanced and an environment is created which helps them achieve their potential. a sense of competence - the feeling there is something boys and girls can do and do well. a sense of usefulness - the opportunity to do something of value for other people. a sense of belonging - a setting where an individual knows he or she has a place and where he or she "fits" and is accepted. The Positive Place For Kids /I-I'll -168- Boys & Girls Club of Chula Vista I CORE PROGRAM & SERVICES I Based on physical, emotional, cultural and social needs and inlerests of girls and boys, and recognizing developmental principles, our club offers diversified program activities in six areas: I ..... m <0 I Personal & Educational Citizenship & Cultural Enrichment Health & Physical Education Social Recreation Outdoor & Development Leadership Environmental Development Education Formal & Informal Guidance Youth of the Fine Arts NIKE P.LAY. Cross-Training Challenge Daily Special Evenls Specialized Year Program Ken Griffey R. Home Run Challenge Programs Education Center Painting Basketball Challenge Seasonai & Holiday Homework Help Youth Drawing Jackie Joyner Kersey World Class Challenge Evenls Ultimate Tutoring of the Month Watercolors Michael Jordan Invent-A-Sport Challenge Theme Weeks Journey Education games & aclivities Photography Jump Rope Challenge Safety Rallies Sir Thomas Ceramics Specialized Programs Mini-Carnivals Orienteering Specialized Programs Lipton Award Clay Sculpture Steppingstones-Health & Fitness Youth Dances Goals for Growth - Goal Setting Citizenship & Bridges Program - Health & Fitness Map reading Operation SMART - Science & Math Sportsmanship Literary Arts PAP Program - Preventing Adolescent Specialized Power Hour -Educational Reading Pregnancy Programs Outdoor Education Enhancement Torch Club - Writing Health Fair & Health Promotion Activities Local & Regional (Youth Service Life Time Skill Development Games Tournaments Conservation -Talking wi T.J. - Conflict resolution Club) Performing Arts Planting - Smart Moves - Substance Abuse -Drama Team & Individual Sports Clinics, Instruction, & City Prevention Keystone Club Dance Basketball Soccer Coed Softball Demonstrations Beautification - Broader Horizons Youth Involvement - Jazz Flag football Team Handball Floor Hockey Job Search -Career Opportunity - Ballet Fieid Hockey Volleyball Volley-Tennis Gamesmanship Camping skills Job Club Mock Elections Archery Aerobics Gymnastics Astronomy - Mother-Daughter Choices Martial Arts Track & Field Tennis Life Time Skill Nature Walks Jr. Staff Training Specialized Golf Bowling Development - Challenges Program Programs Community Sports Clinics, Demonslratlons, & instruction Games Room Community Late Night Teen Program Service Holiday Pro!1""' Garden - Job Readiness Training Projects Recognition Youth Coaches & Referee Training Program Animal Life - Gang Prevention Local & Nat'l Late Night Teen Program Conlesls & T oumaments Bird Watching - Special Events Leadership National - Midnight Basketball Program Table Tennis Field Trips - Tobacco Educalion Training Photography - Substance Abuse Prevention Foosaball Contest Table Games Recycling Streel Safe Program Inter-Agency Leagues & Activities Quiet Games -Middle School I At Risk Youth Fine Arts Exhibit Air Hockey - Developing Interests, Values and Elks Basketball Shoot Contest Pre-employment skills Program Elks Soccer Shoot Contest Billiards - Innovative approaches to attract and Epstein Special Olympics Program Bumper Pool .street arDOr youth In a safe, Cooking & Nutrition Carom Garnes non-hostile envIronment Scholarship Program Exercise The Dream - ARCO Center Trips - Recreational Counseling Program - Individual & Group Counseling Group Clubs Recreational Crafts - Parenting Classes Trips - Sporting Events Group Clubs - Family Success Workshops - Classes ~ , , 00 ~ ~ ~ ATTACHMENT 1 Eastern Chula Vista Community Planning Projects (5/1/97 to 7/1/98) Start Finish 511 111 911 11/1 III 3/1 5/1 OTAY RANCH - VILLAGE DEVELOPMENT I I I SPA One Final Maps 5/1/97 8/1/97 I I Environmental Impact Report for GDP / 6/1/97 1/1/98 ! I SPA One West Plan GDP Amendments 6/1/97 1/1/98 SPA One West SPA Plan 6/1/97 1/1/98 SPA One West Tentative Map 1/1/97 4/1/98 SPA One West Final Maps 4/1/98 7/1/98 I i OTAY RANCH - MCMILLIN I Phase I - SPA One Tentative Map 5/1/97 7/1/97 Phase I - SPA One Final Map 8/1/97 3/1/98 Phase II - Environmental Impact Report 7/1/97 4/1/98 Phase II - SPA One Amendments 7/1/97 6/1/98 EASTLAKE Environmental Impact Report 5/1/97 2/1197 i Eastlake GDP I SPA Amendments 611/97 2/1/98 , Eastlake Trails Tentative Map 911/97 4/1/98 Eastlake Trails Final Map 3/1/98 7/1/98 SAN MIGUEL RANCH Environmental Impact Report 5/1/97 4/1/98 County Circulation Element Amendment 5/1/97 4/1/98 SPA Plan I Annexation 5/1/97 5/1/98 Tentative Map 4/1/98 7/1/98 / P",te' 82Qp 'f28197 ATTACHMENT 2 EASTERN CHULA VISTA COMMUNITY PLANNING AREAWIDE PLANNING ISSUES AND PROJECTS TITLE DESCRIPTION STATUS LEAD ASSISTS Development Adoption of policies addressing the Staff has drafted an ordinance amendment, Advance Engineering Phasing I phasing of new development projects in which will be presented to the Planning Planning Transportation relation to transportation capacity and Commission and Council in the next 2 to 3 Phasing Policies other growth constraints, and months preparation of development forecasts based on these policies SR-125 Project City staff has coordinated with Caltrans This is an ongoing work effon. Engineering Advance Implementation and California Transportation Ventures Planning in providing information regarding proposed development projects adjoining the proposed facility, as well as growth forecasts and environmental information Financing I Phasing Specific implementation program Staff has initiated this process, and is working Engineering Otay Ranch Plan for Orange required for funher development along with a committee of propeny owners to Planning Avenue Extension Orange Avenue corridor develop work program Transportation The City is required to periodically Staff intends to complete the next Engineering Advance Development Impact update the Transponation D1F to reflect Transponation DIF update during FY 1997/98 Planning Fee (DIF) Update additional roadway projects, updated cost estimates, and the like Maintenance district Acceptable mechanisms must be City to hire consultant to perform analysis of Engineering Parks and fmancing for open developed for financing ongoing options; Council to receive repon on policy Recreation, space areas maintenance of open space areas in options in May Planning light of Prop. 218 constraints Public Facilities DIF City is updating DIF and analyses of Consultant has been hired and is in process of Administration Advance Update related public facilities needs preparing reports Planning ~ ~ ~ ~ '" 2 Fire Station Master City is updating master plan for fire Consultant has been hired and is in process of Fire Administration, Plan stations to reflect changes in preparing reports Advance development projects, service Planning requirements School Facilities Elementary and high school districts City staff will be working with district staffs Advance Plans will need to determine locations for to provide updated information on Planning several future schools in Eastern Chula development projects and phasing in next 2 to Vista 3 months Library Master Plan Library Master Plan is scheduled to be Need to evaluate potential changes in relation Library updated by Spring 1998 to development projects currently under review Affordable Housing Affordable Housing Programs are Staff should provide coordinated approach to Community Advance Program required for each project at SPA level identifying affordable housing sites Development Planning, Current Planning Eastern Chula Vista City is preparing policy plan addressing Staff is preparing draft plan Parks and Advance Parks park location and facility requirements Recreation Planning Implementation Plan for new development projects Otay Ranch City and County staff are working with Issues regarding organizational structure, land Advance Parks and Preserve property owners and wildlife agencies conveyance requirements. in-lieu fees, use of Planning Recreation Implementation to implement the Otay Ranch Resource Otay Ranch property for off-site mitigation, Management Plan, which sets forth and financing of preserve management and standards and requirements for the Otay maintenance are currently being addressed. Ranch Preserve. Multiple Species City is preparing plan designating areas Staff has prepared draft plan; several Advance Current Conservation for permanent open space preserves to unresolved land use and implementation issues Planning Planning, Program (MSCP) address Endangered Species Act must be addressed Parks and Subarea Plan requirements Recreation Greenbelt / Trails General Plan calls for master plan of MSCP Subarea Plan addresses open space Advance Parks and Master Plan open space areas and connecting trails planning; trails plans are being developed on Planning Recreation project-by-project basis Air Quality Growth Management Ordinance Advance Planning working with Advance Administration Improvement Plans requires preparation of plans at SPA Administration (Barbara Bamberger) to obtain Planning level; CO-2 Reduction Plan sets forth grant to prepare updated methodology and new standards standards for AQIP's Public Facility PFFP's are currently required at SPA Staff to schedule interdepartmental review of Current Advance Financing Plans level; staff has identified the need to PFFP issues; prepare overall scope of work Planning Planning, standardize and improve usability of for new PFFP's along with RFQ Engineering these plans Fiscal Impact Fiscal impact studies are required at FIND model needs to be updated; consultants Finance Administration. (FIND) Model SPA level need to be selected to perform analyses of Advance new projects Planning Water Conservation Water conservation plans are required Staff needs to review requirements. and Current Engineering, Plans at SPA level overall effectiveness of previous plans Planning Parks and Recreation Planned Community PC District regulations (zoning Staff has identified the need for greater Current District Regulations regulations) and design plans must be consistency among projects, as well as Planning prepared at the SPA level potential for streamlining implementation and amendment procedures SPA Plan Submittal Applicants are required to submit maps Staff has identified need to provide upgraded Current Requirements and graphics for SPA Plans graphics, as well as GIS-compatible maps and Planning plans rJu:\ecv.apPJ 3 ~ ~ ~ MAJOR PROJECTS MAP NoToSo ~~ft- ----'- 1 Mid-Bayfront 2 Terra Nova 3 RDRI 4 RDR II 5 RDRIII 6 Rancho Del Sur 7 Sunbow 8 Otay Landfill 9 Auto Park 10 Waterpark 11 MCA Amphttheater 12 Bonita Long Canyon 13 Bonita Meadows 14 Eastlake I 15 Telegraph Canyon Estates ~~;f~~ CllY OF CHURA VISTA PLANNING DEPARTMENT 4/1/9ì ATTACHMENT 3 NORTH 16 Otay Ranch 17 Rancho La Cuesta 18 Rolling Hills Ranch 19 Watson Land Co. 20 E.L. Village Center 21 E.L. Business Center I 22 E.L. Business Center II 23 E.L. Woods West 24 E.L. Woods 25 E.L. Greens 26 E.L. Trails 27 E.L. Vistas 28 E.L. Landswap 29 Olympic Training Center 30 San Miguel Ranch 5-3 / / \ '/ " R-1 / I f I \ I \ I ""'--L__- * 05-9 05-a EAST ORANGE Proposed Assessment District Boundary -' Proposed Improvements Paseo Ranchero - Telegraph Canyon Road 10 East Palomar - 4 lanes (1,970 If) East Palomar Streel - Paseo Ranchero to Colony Advlder'sBoundary - 4 lanes (6,700 If) Monarche Drive - Western Entrance 10 Ea~t P"lnm", In I=~dnrn Tn",.,;",," " ,-,,-- ,. --- '- ~ ~LAGEDEVELOPMENT-OTAYRANCH VILLAGE ONE PRELIMINARY COST ESTIMATE Description of improvements Paseo Ranchero (4 lanes) - nom Telegraph Canyon to East Palomar Street East Palomar Street (4 lanes) - From Paseo Ranchero to Colony Advisor's Property Monarche Drive - Loop road around Park P-I TOTAL CONSTRUCTION COST Incidental Costs Cost ofIssuance and Underwriter's Discount (4%ofPrincipal) Reserve Fund (10% of Principal) Capitalized Interest (24 months) TOTAL PROPOSED ASSESSMENT r:,{1+/3ií 2 r-~ Cost Estimate $4,560,447 5,354,122 564,125 $10,478,694 582,150 1,455,374 2,037,524 $14,553,742 , A."R 1<1 '57 0S:"2A.'1 VILlAGE DEVELOPMENT ?,,/3 Villag~ DEVELOPMENT Ë~ (+(13/1 .3 Q""II')' m"-,,,r '¡""Old ,omm"nl,;" ,In", J 9'4 :;=:: Apri19,1997 Mr. Cliff Swanson CITY OF CHULA VISTA 276 FourJ¡ Avenue Chula Vista, California 91910 Sent Vuz Facsimile RE: Otay Ranch Assessment District Dear Cliff: 1 appreciate the continued assistance of you and your staff with our proposed Assessment District for Otay Ranch. Based on our previous discussions, 1 would like to fo=al1y ~uest that the City of Chula Vista expedite the proceedings for our Assessment District, in order 10 achieve a bond sale by mid-November, 1997. This will allow Village Development to meet our current financial obligations and commitments to guest builders and creditors on the project. 1 recognize that many of the timc frames relating to assessment district proceedings a.-e legislatcd- However, it is apparent that a significant time savings could be achieved if the City is willing to waive the formal consultant selection procedure and hire an assessment ,c= immediately to implement the district in accordance with the Municipal Improvement Act of 1913 and the Bond Act of 1915. B25ed On discussions with your staff, and 'the firms' reputations, the following assessment team ~ recommended: Berryman & Henigar, Assessment Engineer Brown, Diven & Hentschke, Bond Counsel Kadie-Jensen, Johnson & Bodnar, Financial Consultant "."."",.u'.o'"I.>"", IO">'UDoc~c,CAn"o 701. "'-"'-2'".. 'AA, ."",.,...,.. ¡:p" 10 '57 05:~ZRM VILLAGE DEVELOPMENT ;0.3/3 Mr. Cliff Swanson CITY OF CHULA V1STA Apri19,1997 We understand !hat the City of Chula Vista would serve as Project Manager. Village Development is prepared to immediately::éDter into a reimbursement agreement with the City and fund all City staff time for project management In our estimation, the above procedure will save at least two months over the formal selection process, and will maintain the high sœndzrd of performance wIDch the City is accustomed to for district formation. I appreciate your consideration of this r~uest. Sincerely, cc: Frank Rivera, City of Chula Visœ c""""'..,C¡".~ IW"'" ""UWl EXHIBIT 4 COMPARISON OF CONSULTANT FEES ASSESSMENT DISTRICT CONSULTANT BOND SALE AMOUNT CONTRACT AMOUNT Assessment Enf{ineerinf! AD 88-1 Telegraph Cyn Rd. Willdan Associates $8.0 million $32,000 (1988) AD 90-1 Salt Creek 1 MuniFinancial $4.7 million $56,650 (1990) AD 90-2 atay Valley Rd Willdan Associates $8.0 million $34,000 (1990) AD 90-3 East1ake Greens Willdan Associates $22.3 million $39,500 (1990) AD 91-1 Eastlake Greens Willdan Associates $7.0 million $39,500 (1990) AD 97-2 - Otay Ranch Berryman & $14.5 million $27,000 Village One (proposed) Henigar Financial Consultant - Fee does not include out-of-pocket expenses nor cost of subconsultants AD 90-1 Salt Creek 1 Kadie-Jensen, $4.7 million $33,500 (1990) Johnson &Bodnar AD 90-2 atay Valley Road Kadie-Jensen, $8.0 million $35,000 (1990) Johnson &Bodnar AD 90-3 Eastlake Greens Kadie-Jensen, $ 22.3 million $34,500 (1990) Johnson &Bodnar AD 91-1 Eastlake Greens Kadie-Jensen, $7.0 million $27,000 (1990) Johnson &Bodnar AD 94-1 Eastlake Greens Kadie-Jensen, $7.8 million $27,000 (1990) Johnson &Bodnar AD 97-2 - Otay Ranch Kadie-Jensen, $14.5 million $35,000 Village One (proposed) Johnson &Bodnar The average Financial Consultant fee for the existing districts is $31,400 (1990 $), which if multiplied by the CPt increase from 1990 to 1996 (18.6%) is equivalent to a fee of$37,200 (1996 $). This adjusted fee compares reasonably well with the proposed fee of $35,000 for AD 97-2. Comparison of Consultant Fees (cont.) Bond Counsel - Brown, Diven &Hentschke have been the bond Counsel for all the "1913 Act" assessment districts in the Eastern territories. Their fee is based on a percentage of the confirmed assessments. This percentage has been the same in all contracts. The fee proposed for the formation of the Assessment Districtfor the Otay Ranch Village One No. 97-2 is approximately $43,000. h :\home\engineer\landdev\or2 8a.ldt II- -I-f-F, c..J,....,... ~ -r ( ASSESSMENT DISTRICT REIMBURSEMENT AGREEMENT THIS AGREEMENT is made and entered into this - day of , 1997, by and between the CITY OF CHULA VISTA, a municipal corporation (hereinafter referred to as "City"), and VILLAGE DEVELOPMENT LLC, a CalifDmia corporation (hereinafter referred to as "CorporatiDn"). RECITALS A. CorpDration has asked the City to initiate proceedings under the provisions of the "Municipal Improvement Act of 1913', being DivisiDn 12 Df the Streets and Highways CDde of the State of California, said special district hereinafter knDWn and designated as ASSESSMENT DISTRICT NO. 97-2 (Otay Ranch, Village One) (hereinafter referred to as the "Assessment District") to finance the acquisitiDn or construction Df certain street improvements, including but not limited to Paseo Ranchero (4 lanes) from Telegraph Canyon RDad to East Palomar, East Palomar Street (4 lanes) from Paseo Ranchero to Colony Associates ownership line and Monarche Drive (2 lanes) loop around the P-1 park area, together with appurtenances and appurtenant work, to serve and specially benefit properties within the boundaries of the Assessment District B. Corporation has agreed to advance funds to the City for the payment of all initial consulting and administration costs and expenses related to the proceedings to consider the formation of the Assessment District and to subsequently authorize, issue and sell bonds for the Assessment District (the "Proceedings'). Such monies shall be subject tD reimbursement or credit pursuant to the provisions of this Agreement upon the successful sale of bonds for the Assessment District and the receipt by the City of the proceeds of such bonds. C. The parties hereto wish to enter into an Agreement to provide fDr the advance of monies and reimbursement or credit for mDnies so advanced. AGREEMENT The parties hereto, for mutual consideration, agree as follows: SECTION 1. Advances. CorpDration shall advance monies to the City in such amounts and at such times as specified below tD pay all costs and expenses incurred by the City in undertaking the Proceedings, including without limitation, the following: A. Assessment Engineering services; B. Bond counsel services; C. Financial advisory services; D. Appraisal and market absorptiDn services; and E. City staff and City Attomey time. All such costs and expenses are collectively referred to as the "Formation and Issuance Costs.' Advances shall be made to the City pursuant to the follDwing schedule: SECTION 2. SECTION 3. SECTION 4. SECTION 5. A. Within five (5) working days of the date of execution Df this agreement by the parties hereto, CorporatiDn shall advance the amount of $47,000. B. If monies in addition to the initial advance are necessary to pay fDr the Formation and Issuance Costs, the City shall as necessary and from time to time make written demand upon Corporation and CDrporation shall immediately thereafter, within five (5) working days, deposit said monies with the City to pay for the balance of the Formation and Issuance Costs. If such additional monies are not timely received, all Proceedings shall be suspended until such monies are received. Records. The City agrees to keep records cDnsistent with its regular accounting practices of the amount of monies advanced and the expenditure of such monies. AdditiDnally, the City shall enter into and maintain cDntracts with all consultants which shall specify the scDpe of services and compensation to be paid to all such cDnsultants. Such recDrds and contracts shall be available for review by the CorporatiDn during normal business hours upDn reasonable notice to the City. Reimbursement. If the Assessment District is formed, CorpDration may elect among the following options for the reimbursement of monies advanced pursuant to this Agreement: a. All monies advanced shall be reimbursed in cash solely from bDnd proceeds; b. All monies advanced shall be applied as a credit upon the assessments levied against properties owned by the Corporation; c. A cDmbination of the above. If the Proceedings to fDrm the Assessment District are not completed and are abandoned for any reason at any time prior tD the successful sale of bonds or the City is unable for any reason to issue or sell the bonds, there will be no Dbligation on the part of the City to reimburse Corporation for any monies previously advanced pursuant to this Agreement; provided, however, the City does agree tD return to Corporation any monies previously advanced which remain on deposit with the City and which the City determines are in excess of the amount necessary to pay for any outstanding Formation and Issuance Costs previously incurred by the City. Ownership of Documents. All plans, specifications, repDrts, appraisals and other dDcumentation as prepared as a part of the Proceedings shall become the property of the City, regardless as to whether the Assessment District is actually formed. ND Obligation to Form Assessment District. Corporation acknowledges that the decision of the City Council to form the Assessment District is an exercise of the legislative authority of the City Council and that the City may not enter into a cDntract to obligate the City CDuncii to exercise its legislative discretion in a particular manner. This Agreement does not, therefore, in any way create a contractual, legal or equitable obligatiDn Df Dr commitment by the City to approve the formation of the Assessment District. The City expressly reserves the right to abandon the Proceedings for any reason at any time prior to the cDmpletion thereof. Should Corporation desire tD abandon the 2 SECTION 6. SECTION 7. SECTION 8. SECTION 9 SECTION 10. Proceedings, Corporation shall provide written notification of such desire to the City and request the City to immediately terminate all consulting agreements and use all efforts to minimize any and all Formation and Issuance Costs. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument Arbitration. Any controversy arising out of this Agreement or its breach shall be settled by arbitration if, prior to the commencement of any legal proceeding arising out of this Agreement or its breach, either party demands by written nDtice that such controversy be arbitrated. After such demand, and within ten (10) days from such demand, the parties shall attempt to designate a mutually acceptable individual tD arbitrate the controversy. If within the ten (10) day period the parties are unable to designate an individual, the controversy shall be arbitrated under the rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator chosen by the parties or used pursuant to the rules of the American Arbitration Association may be entered in any court having jurisdiction and shall be fully binding on the parties. Authority tD Execute Agreement. The City and the Corporation represent that the individuals signing this Agreement have full right and authority to bind their respective parties tD this Agreement. . Best Efforts. The parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. Successor and Assigns. This Agreement shall be binding Dn and inure to the benefit Df the respective parties and their respective heirs, legal representatives, successors and assigns. Corporation may not assign its rights or obligations hereunder except upon written notice to City within ten (10) days of the date Df such assignment indicating the name and address Df the assignee. Upon such nDtice and the assumption by the assignee in writing delivered tD the City of the rights, duties and obligatiDns of the Corporation arising under or from this Agreement, Corporation shall be released fDr all future duties or obligations arising under Dr from this Agreement. SECTION 11. Singular and Plural; Gender. Whenever used herein, the singular number shall include the plural, the plural number shall include the singular, and the masculine feminine or neuter gender shall include the others whenever the context of the Agreement so indicates. SECTION 12. Entire Agreement. This Agreement contains the entire Agreement between the parties heretD with respect to the subject matter hereDf. This Agreement may not be altered, modified or amended except by an instrument in writing executed by all Df the parties. SECTION 13. Governing Law. This Agreement has been executed in and shall be govemed by the laws of the State of Califomia. 3 SECTION 14. CDnstruction. This Agreement shall be construed as a whole and in accordance with its fair meaning. Captions and organizations are for convenience and shall not be used in construing meaning. SECTION 15. Severability. If any term, covenant, condition or provision of this Agreement is held by a court of cDmpetent jurisdiction to be invalid, vDid or unenforceable the remainder of the provision thereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. SECTION 16. Notices. All notices and demands shall be given in writing by personal delivery or first- class mail, postage prepaid. Notices shall be addressed as appears below for the respective party; provided that, if any party gives notice of a change of name of address, notices tD the giver of that nDtice shall thereafter be given as demanded in that nDtice. NDtiCes shall be deemed received seventy-twD (72) hours after depDsit in the United States mail. CITY: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attention: City Manager CORPORATION: VILLAGE DEVELOPMENT LLC 11975 EI Camino Real, Suite 104 San DiegD, CA 92130 Attention: Kent Aden SECTION 17. TIme of the Essence. Time is of the essence in the perfDrmance of the parties respective obligations herein contained. SECTION 18. Waiver. The waiver by one party of the performance of any cDvenant, condition or promise shall not invalidate this Agreement, nor shall it be considered a waiver by him of any other covenant, condition or promise. The waiver by either or both parties of the time for performing any act shall not constitute a waiver Df the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any cDnsistent remedy provided by law, and any provision of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. SECTION 19. Amendment. No provisiDn of this Agreement may be modified, waived, amended or added to except by a writing signed by the party against which the enforcement of such mDdification, waiver, amendment Dr addition is Dr may be sought. [End of page - next page is signature page] 4 Signature Page to Assessment District Reimbursement Agreement between the City of Chula Vista and Village Development LLC IN WITNESS WHEREOF, City and Corporation have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent tD its terms. Dated: ,19- CITY OF CHULA VISTA By: Shirley Horton, Mayor Attest Beverly Authelet, City Clerk Approved as to Fonn: John M. Kaheny, City Attomey City of Chula Vista Village Development LLC B"~ 5 /H-+A c.. J,m 6..>J -r z Parties and Recital Page(s) Agreement between City of Chula Vista and Berryman & Henigar for Assessment Engineering Services This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City is considering the financing of certain public improvements that will serve the Otay Ranch Village One properties, with financing proceedings to be conducted pursuant to the "Municipal Improvement Act of 1913" and the "Improvement Bond Act of 1915"; and, Whereas, the City is desirous of retaining professional assessment engineering services for the formation of an assessment district for financing the construction of said improvements serving the Otay Ranch Village One; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 1 J- - / Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope .of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 2 2-2... In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services.under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categor- ies, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.1dt April 11, 1997 Page 3 2. - 3 and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (I) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (I) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 4 :¿ - i Attorney' which amount is indicate.din the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 1. Business License 1. The City Attorney's Office prefers that you obtain approval of the surety or bank, the form of the security and the amount of the security from the Risk Manager in the first instance and not the City Attorney. The City Attorney's office would be available on such risk issues as an alternate only if the Risk Manager is unavailable and the matter can't wait. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 5 'Z-s- Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 6 2. -(p account number indicated on Exhibit A, Paragraph 18 @ to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 7 .;¿ 7 and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 8 L ð' Regardless of. whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 9 z. '1 consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 10 L 16 satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein 'is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 11 ~ (/ Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13 . Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee 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. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 12 L lè No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. 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. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall entitled to recover all reasonable costs incurred in the of the claim, including costs and attorney's fees. be defense 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17 . Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 13 L /3 If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. 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 herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 14 :L - If arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 15 ê I~ Signature Page to Agreement between City of Chula Vista and Berryman & Henigar for assessment engineering services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: , 19 City of Chula Vista Dated: by: Shirley Horton, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated: [Name of Consultant] By: [name of person, title] Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 16 2- (~ Exhibit List to Agreement (X ) Exhibit A. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 17 2- 17 Exhibit A to Agreement between City of Chula Vista and Berryman & Henigar 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: [insert business form] , a ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Berryman & Henigar 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X ) Corporation Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 18 L - (f 6. Place of Business, Telephone and Fax Number of Consultant: 11590 W. Bernardo Drive San Diego, California 92127 Voice Phone (619) 451-6100 Fax Phone (619) 451-2846 7. General Duties: to provide the City with all the required assessment engineering services for the formation of an assessment district pursuant to the "Municipal Improvement Act of 1913" (1913 Act) to fund the acquisition or construction of the following backbone facilities in the Otay Ranch: * Paseo Ranchero (4 lanes) - Telegraph Canyon Road to East Palomar Street (TDIF facility) East. Palomar Street (4 lanes) - Paseo Ranchero to the Eastern Boundary of Village One Monarche Drive (2 lanes) - Around Park P-l * * Bonds are proposed to be issued pursuant to the Improvement Bond Act of 1915. 8. Scope of Work and Schedule: A. Detailed Scope of Work: BASIC SERVICES TASK I-NOTICE TO PROCEED TO RESOLUTION OF INTENTION A. B. Gather research materials, maps, assessor's parcel information, direct and indirect cost estimates and related data as required. Verify district boundary and zones of benefit (if any). Prepare methodology for the assessment spread based upon the information gathered within Task 1 A. The methodology shall demonstrate that the properties receive a special benefit. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 19 2. /"1 C. D. E. Prepare Boundary Map and Assessment Diagram of the proposed District. Prepare and deliver a specified quantity of mylars and bluelines as ordered by the City. Prepare a Preliminary Engineer's Report including estimated costs, incidental expenses, assessment roll, method of assessment, District Procedural Certificates, description of work, assessment diagram and Design Engineer furnished plans and specifications as required under the Act for City review. The Preliminary Engineer's Report shall be prepared by a Registered civil Engineer. Berryman & Henigar shall submit ten (10) copies of the Preliminary Engineer's Report to the City for review and comment. Complete Preliminary Engineer's Report for City Council approval and furnish specified amount of copies of the Preliminary Engineer's Report as ordered by the City. TASK 2-RESOLUTION OF INTENTION TO PUBLIC HEARING A. B. Record the Boundary Map with the responsible local official and the County Recorder as provided under the Act. Label and mail City-prepared (by bond counsel) notice and ballot to each property owners within the boundary of the proposed district as listed on the last equalized County Assessor's Roll. In accordance with Proposition 218, the record owner of each parcel will be notice of the proposed assessment, the total amount chargeable to the entire district, the amount chargeable to the owner's parcel and the duration of the payments, the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated. C. Update and amend the Preliminary Engineer's Report to reflect final estimated construction costs and project financing costs. Furnish City specified amount of copies of the Final Engineer's Report for City review and comment. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 20 J.. - '2-.6 A. B. c. D. E. F. D. Amend Boundary Map and Assessment Diagram of the proposed district, if needed. Amend, correct and deliver a specified quantity of mylars and bluelines as ordered by the City. E. Complete Final Engineer's Report and furnish specified amount of copies of the Final Engineer's Report as ordered by the City. F. Calculate percentage of property owner protest and tabulate the returned ballots. The ballots will be weighted according to the proportional financial obligation of the affected property. TASK 3-PUBLIC HEARING THROUGH RECORDATION OF PAID ASSESSMENTS Make amendments and corrections to the Boundary Map and Assessment Diagram and prepare confirmed report, as ordered by City Council pursuant to the Public Hearing. Furnish specified amount of copies of the confirmed Engineer's Report as ordered by the Agency. Label and mail City-prepared (by bond counsel) notices for the cash collection and notice of confirmed lien amounts, to all property owners listed in the confirmed Engineer's Report. Record Assessment Diagram of the district and confirmed liens for each parcel within the district. After cash collection period, prepare a list of paid and unpaid assessments and submit to County Treasurer. Recordation of List of Paid Assessments Record. of paid assessments to be deleted from the Auditor/Controller's records. Record list The Consultant shall deliver all final data, information, district diagram, assessment roll, and any other material produced under this agreement in computer digital files compatible with the software utilized by the City. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 21 2...- 'Z-( Spreadsheets,shall be compatible with Quattro Pro, database files with Paradox, word processing files with WordPerfect, and graphic files with AutoCAD. TASK 4-MEETINGS A. B. c. Attend up to four (4) project team meetings to develop' information, and review results of preliminary and final reports. Attend City council meeting for Resolution of Intention to form District. Attend the public meeting and public hearing for Resolution of Formation. OTHER SERVICES AS AUTHORIZED A. B. C. D. E. Prepare displays and/or audio-visual materials, as requested by the City. Additional mailings of notices to property owners not listed on last equalized roll of the County Assessor. Provide additional copies of reports, maps, or diagrams. Prepare utility agreements as required by other agencies for drainage, sewer or other utilities. Prepare right-of-way acquisition legal descriptions or mapping thereof. F. Provide City staff assistance, other than the services or record keeping required by the routine requirements of district engineering, in the event of an audit. G. Any other services desired and authorized by the City. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 22 L 2-~ RESPONSIBILITIES OF THE CITY A. B. City to designate a responsible official to manage and coordinate the project. City shall make available to Berryman & Henigar all available data, information, reports, maps, plans, specifications, and other reasonable information for the proper performance for consultant's services. C. City (by Bond Counsel) all notices and ballots pertaining to the election and public hearings. D. City (by Bond Counsel) shall cause to be published all notices of public hearings or other meetings (i.e., newspaper and posting). E. City (by Bond Counsel) shall prepare all required res,olutions. F. All environmental documentation will be provided by others. G. City shall retain qualified legal counsel to provide advice during the process. H. . City shall retain a qualified real estate appraiser to provide appraised values of the property before and. after per parcel included in the formation and annexation process, as required. 1. City to provide records of previous assessment obligation and encumbering proposed areas. J. City shall schedule and agendize meetings and hearings as required under the Act. Additional Services basis as authorized mutually acceptable attached. can be provided on a "time and material" in writing by the City Engineer for a fee in accordance with the rate schedule Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 23 2- 2......::3 D. 9. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Preliminary Engineer's Report within 10 weeks after the notice to proceed Deliverable No.2: Assessment Diagram and Assessment Roll as confirmed within 7 days after public hearing Deliverable No.3: N/A Date for completion of all Consultant services: October 7, 1997 Insurance Requirements: (X) (X) (X) ( ) Statutory Worker's Compensation Insurance Employer's Liability Insurance coverage: $1,000,000. Commercial General Liability Insurance: $1,000,000. Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). (X) 10. Materials Required to be Supplied by City to Consultant: City shall provide the Consultant the following information; 1) site plans, 2) project description, and 3) Cost documentation for improvements to be acquired in format requested 11. Compensation: A. (X) Single Fixed Fee Arrangement. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 24 2... - Lf For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $27,000, payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee TASK FEE MILESTONE PreDaration of the Enaineer's ReDort From Notice of Proceed to ROI (Task 1) $17, 000 (Lump sum) 100... at ROI ROI to Public Hearing (Task 2) $ 6,500 (Lump Sum) 100'" at Public Hearing Public Hearing to Recordation $ 3,500 of Assessments (Lump Sum) (Task 3) 100'" at Recordation Berryman & Henigar will invoice the City monthly for work completed during the previous month based on percent complete for each milestone. City shall advise Berryman & Henigar of any dispute regarding the percent completer within 10 days of receipt of invoice. All undisputed invoices shall be paid within 30 days of receipt. ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 25 :L -:LS- satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 26 .L :u.. ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to b.e applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 27 :L - 2-( Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation") . (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Category of Employee of Consultant Principal Consultant Senior Associate Senior Associate Senior Analyst Senior Analyst Analyst II Word Processor III (X) Materials Reports Copies {X} Mileage Rate Schedule Name Hourly Rate ($) Dennis Klingelhofer William Hughes Joseph Francisco Lea Ann Brown OR Catherine Shepherd Deborah Head As Required 146 113 113 81 70 48 Cost or Rate Actual plus 15% 31.5 cents/mile Standard Form Two Party Agreement {Fifth Revision} h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 28 2... -:Lð"' (X) Printing (X) Postage (X) Delivery ( ) Long Distance Telephone Charges ( )Other Actual Identifiable Direct Actual Actual Actual Actual Actual plus 15% plus 15% plus 15% Costs 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) None, the compensation includes all costs. Cost or Rate Reports, not to exceed $------ Copies, not to exceed $------: Travel, not to exceed $------: Printing, not to exceed $------: Postage, not to exceed $------: Delivery, not to exceed $------ Long Distance Telephone Charges, not to exceed $------. Other Actual Identifiable Direct not to exceed $ , not to exceed $ Costs: 13. Contract Administrators: City: Clifford L. Swanson City Engineer 276 fourth Avenue Chula Vista, CA 91910 K. Dennis Klingelhofer 11590 W. Bernardo Drive San Diego, California 92127 Consultant: 14. Liquidated Damages Rate: Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 29 2-- - :l.- 9 ) $----- per day. ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X ) Not Applicable. Not an FPPC Filer. ) FPPC Filer ) Category No.1. income. Investments and sources of ) Category No.2. Interests in real property. ) Category No. property and regulatory, department. 3. Investments, interest in real sources of income subject to the permit or licensing authority of the ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ) Category No.5. Investments in business and sources of income of the type which, the past two years, have contracted with of Chula Vista (Redevelopment Agency) to services, supplies, materials, machinery equipment. entities within the City provide or ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Category No.7. Business positions. Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagree1.ldt April 11, 1997 Page 30 ;L ~ ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X ) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: (X ) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: 19. Security for Performance ) Performance Bond, $ ) Letter of Credit, $ ) Other Security: Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 31 .L 3/ Type: Amount: $ (X ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X ) Retention Percentage: 50% ( ) Retention Amount: $ Retention ( ) (X ) Release Event: Completion of All Consultant Services Other: At the completion of each phase as shown on "Milestone Table" (Section 11.A of Exhibit A) Standard Form Two Party Agreement (Fifth Revision) h:\home\engineer\landdev\bhagreel.ldt April 11, 1997 Page 32 .<. 3~ {t+fA e:..I-.rYlt:,Jï ~ ~'Parties and Recital page(s) Agreement between City of Chula Vista and Brown, Diven & Hentschke for Bond Counseling Services] This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ( "Consul tant" ), and is made with reference to the following facts: Recitals Whereas, the City is considering the financing of certain public improvements that will serve the Otay Ranch Village One properties, with financing proceedings to be conducted pursuant to the "Municipal Improvement Act of 1913" and the "Improvement Bond Act of 1915"; and, Whereas, the City is desirous of retaining professional bond counseling services for the formation of an assessment district for financing the construction of said improvements serving the Otay Ranch Village One; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 3 - / Page 1 (End of Recitals. 'Next Page starts Obligatory Provisions.) Standard Form Two party.i>.greement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 2 3 - L .;.Obligatory provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 3 3 - .3 In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categor- ies, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.1dt April 11, 1997 Page 4 3 - <f and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 5 3 S- Attorney" which amÒunt is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. {3j Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 1. Business License 1. The City Attorney's Office prefers that you obtain approval of the surety or bank, the form of the security and the amount of the security from the Risk Manager in the first instance and not the City Attorney. The City Attorney's office would be available on such risk issues as an alternate only if the Risk Manager is unavailable and the matter can't wait. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 6 '3 - ~ Consultant agÌ'ees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 7 3 -7 account number indicated on Exhibit A, Paragraph 18 @ to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 8 3 ð' when granted, will'be based and will not be granted for unless it can be shown that progress of the work. upon the. effect of delays to the work delays to minor portions of work such delays did or will delay the 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 9 3 - '1 Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 10 3 - (0 Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 11 3 - If entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 12 ..3 - 12- assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City~hall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee 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. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 13 3 /3 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. 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. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall entitled to recover all reasonable costs incurred in the of the claim, including costs and attorney's fees. be defense 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 14 3 Ii B. Consultan6.is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. c. 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 herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 15 3 1-:;- 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 the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 16 3 I~ Signat:ure Page to Agreement between City of Chula Vista and Brown, Diven & Hentschke for bond counseling services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and underst:ood same, and indicate t:heir full and complete consent to its terms: Dated: , 19 City of Chula Vista by: Shirley Horton, Mayor Attest; Beverly Authelet, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated: Brown, Diven & Hentschke [Name of Consultant] By: Lj~~li.~ [name of person, title] Warren Diven, Partner By: [name of person, title] Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 17 3 I) Exhibit List to Agreement (X ) Exhibit A. (X ) Exhibit B Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 18 3 /8 Exhibit A to Agreement between City of Chula Vista and Brown, Diven & Hentschke 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: [insert business form] , a ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Brown, Diven & Hentschke 5. Business Form of Consultant: ( ) Sole Proprietorship (X ) Partnership ( ) Corporation Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.1dt April 11, 1997 Page 19 3 /"; 6. Place of Business, Telephone and Fax Number of Consultant: 12770 High Bluff Drive, #240 San Diego, California 92130 Voice Phone (619) 456-1915 Fax Phone (619) 259-0292 7. General Duties: to provide the City with all the required bond counsel services for the formation of an assessment district pursuant to the "Municipal Improvement Act of 1913" (1913 Act) to fund the acquisition or construction of the following backbone facilities in the Otay Ranch: * Paseo Ranchero (4 lanes) - Telegraph Canyon Road to East Palomar Street (TDIF facility) East Palomar Street (4 lanes) - Paseo Ranchero to the Eastern Boundary of Village One Monarche Drive (2 lanes) - Around Park P-l * * Bonds are proposed to be issued pursuant to the Improvement Bond Act of 1915. 8. Scope of Work and Schedule: A. Detailed Scope of Work: SCOPE OF LEGAL SERVICES Brown, Diven & Hentschke ("Counsel") proposes to provide legal services in connection with the proposed assessment proceedings and bond issuance for the proposed Assessment District, under proceedings conducted pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California (the "Improvement Act"), and Article XIIID of the Constitution of the State of California ("Article XIIID"). The legal services shall include: Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 20 3 - 2Ò a. b. c. d. Revìewof the proposed rate and method of apportionment of the assessments in particular and the report of the assessment engineer in general to insure that all requirements of both the Improvement Act and Article XIIID are adequately addressed; Examination of the plans and specifications for the proposed work, the boundary map and assessment diagram of the Assessment District, the assessment roll and bonds, and the provision of instructions and advice in connection with the foregoing; Recommendations as to procedure, schedules and actions that should be undertaken to comply with the requirements of the Improvement Act, the Improvement Bond Act of 1915 and Article XIIID; Preparation of all resolutions, notices, contracts, including a reimbursement agreement and acquisition agreement, if applicable, Article XIIID ballots, bond forms, and other papers and documents required in the proceedings; e. Examination of the proceedings, step by step, as taken; f. Appearance at all hearings under the proceedings, and attendance at any meeting where such attendance is requested; g. Participation with the City's financing team to determine the most appropriate structure of the bond issue; h. Assistance in the review of the official statement, bond purchase agreement or notice of sale and other supporting documentation relating to the offering for sale of the bonds; Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 21 3 ~( m. n. i. PreparatIon or review of any continuing disclosure agreement required under SEC Rule ISc2-12 and provision of advice to the City regarding its original and continuing disclosure obligations pertaining to the bonds; j. Consultation with the underwriter, their legal counsel, rating agencies and credit enhancement providers; k. Consultation with the trustee, fiscal agent or paying agent and their counsel; 1. Performance of legal services, if required, pursuant to the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and Highways Code of the State of California; Issuance of an approving legal opinion attesting to the validity of the proceedings and the issuance of the bonds; provision of any necessary supplemental legal opinions as to the applicability of the registration requirements of federal securities laws and other matters related to the issuance of bonds; provided, however, such opinions do not include the rendering of a 10(b)S opinion regarding the official statement. CITY OBLIGATIONS a. B. Furnish to Counsel such maps, records, title searches, and other documents and proceedings, or certified copies thereof, as are available and may be reasonably required by Counsel in the performance of the services hereunder; Date for Commencement of Consultant Services: Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 22 3 2...~ C. D. (X) Same~'as Effective Date of Agreement ( ) Other: Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: N/A Deliverable No.2: N/A Deliverable No.3: N/A Date for completion of all Consultant services: Upon sale and delivery of bonds 9. Insurance Requirements: (X) (X) (X) ( ) Statutory Worker's Compensation Insurance Employer's Liability Insurance coverage: $1,000,000. Commercial General Liability Insurance: $1,000,000. Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). ( ) 10. Materials Required to be Supplied by City to Consultant: City shall furnish to Counsel such maps, records, title searches, and other documents and proceedings, or certified copies thereof, as are available and may be reasonably required by Counsel in the performance of the services hereunder; 11. Compensation: A. (X) Single Fixed Fee Arrangement. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 23 3 ~-3 For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: follows: , payable as Milestone or Event or Deliverable Amount or Percent of Fixed Fee (SEE EXHIBIT B) ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 24 3 - 2'1 -- nof.convert this agreement to a time and materials basis of payment. B. Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 3 2... S- Page 25 sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation") . (2) ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 26 3 ¿b authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee of Consultant Name Hourly Rate ) Hourly rates may increase by 6% for services rendered after [month], 19 ,if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (SEE EXHIBIT B) ( ) None, the compensation includes all costs. Cost or Rate ( ) ( ) ( ) ( ) Reports, not to exceed $------: Copies, not to exceed $------: Travel, not to exceed $------: Printing, not to exceed $------: Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 27 .3 ~I ( ) ( ) ( ) Postage,' not to exceed $------: Delivery, not to exceed $------: Long Distance Telephone Charges, not to exceed $------ Other Actual Identifiable Direct not to exceed $ , not to exceed $ ( ) Costs: 13 . Contract Administrators: City: Clifford L. Swanson City Engineer 276 Fourth Avenue Chula Vista, CA 91910 Consultant: Warren Diven 12770 High Bluff Drive San Diego, Ca 92130 14. Liquidated Damages Rate: ) $----- per day. ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X ) Not Applicable. Not an FPPC Filer. ) FPPC Filer ) Category No.1. income. Investments and sources of ) Category No.2. Interests in real property. ) Category No.3. Investments, interest in real property and sources of income subject to the Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 28 3 ~ð'" reg'ùlatory, department. permit or licensing authority of the ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: N/A 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 29 3 "<-'7 ( ) Monthly ( ) Quarterly (X ) Other: Issuance and of project sale of bonds or abandonment B. Day of the Period for submission of Consultant's Billing: ) First of the Month ) 15th Day of each Month ) End of the Month ) Other: C. City's Account Number: 19. Security for Performance ) Performance Bond, $ ) Letter of Credit, $ ) Other Security: Type: Amount: $ ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ) Retention Percentage: ) Retention Amount: $ % Retention Release Event: ) Completion of All Consultant Services ) Other: Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagreel.ldt April 11, 1997 Page 30 ..3 ~O Exhibit B to Agreement between City of Chula Vista and Brown, Diven & Hentschke Fees are to be computed on the confirmed assessment as follows: One-half of one percent (0.5%) of the first $5,000,000; One-quarter of one percent (0.25%) of the amount from $5,000,001 to $10,000,000; One-eight of one percent (0.125%) of the amount from $10,000,001 to $15,000,000; One-sixteenth of one percent (0.0625%) on the balance; with a minimum fee for legal services of $15,000. If temporary bond anticipation notes are issued, the fee shall be twenty-five percent (25%) of the fee as above set forth, but not less than $2,500.00. Payment of the above fees for bond counsel services would be due and payable in full upon receipt of money from the sale and delivery of bonds and/or notes to the successful underwriter. ADDITIONAL LEGAL SERVICES The fees specified in the preceding section are related only to the legal services described in Scope of Services above. Upon written request of the City, Counsel will provide additional legal services relating to said project, including, but not limited to, the following: A. Representation of the City in related environmental proceedings; Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 31 3 3 I D. E. B. Representation of the City in the acquisition of property by negotiation or condemnation necessary for the improvements to be financed through the Assessment District; C. Representation of the City in the litigation challenging the validity of the proceedings to form the Assessment District or the issuance of the bonds for the Assessment District; or Provision of advice regarding the ongoing continuing disclosure obligations of the City pertaining to the bonds issued for the Assessment District; Provision of such other legal services pertaining to the Assessment District and/or the bonds as the City may request. Counsel will perform any of the above services at the hourly rate of $125 or such other rate as may be mutually agreed upon before any such service is actually performed. TERMINATION OF PROCEEDINGS TO FORM ASSESSMENT DISTRICT In the event the proceedings are terminated or abandoned prior to completion, Counsel would be paid a reasonable fee for legal services rendered to the date of termination based on an hourly rate of $125 per hour, not to exceed $5,000; provided, however, such sum would be payable solely from advances made to the City from the owner or developer of the Village One property and the City's general fund would not be liable for any such payment. COST AND EXPENSES Counsel proposes to pay costs and expenses incurred with the exception of those specific costs identified in this section. Expenses to be billed to City would include only extraordinary messenger and/or overnight mail delivery services (actual cost), copying ($0.05 per page), facsimile (transmission only- $0.25 Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 32 3 3~ per page) and preparation and printing of bonds and transcripts by Counsel, if required. Such costs would be due and payable upon the issuance of the bonds or the termination of the proceedings to form the Assessment District. Reimbursable costs incurred prior to termination of the proceedings to form the Assessment District would be payable only from property owner or developer advances to the City Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\wdagree1.ldt April 11, 1997 Page 33 3 -3:3 A -1-1- ~ I-I'fI ~ + i .,.. Parties and Recital page(s) Agreement between City of Chula Vista and Kadie-Jensen, Johnson & Bodnar for Financial Consulting Services This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City is considering the financing of certain public improvements that will serve the Otay Ranch Village One properties, with financing proceedings to be conducted pursuant to the "Municipal Improvement Act of 1913" and the "Improvement Bond Act of 1915"; and, Whereas, the City is desirous of retaining a professional financial consulting services for the formation of an assessment district for financing the construction of said improvements serving the Otay Ranch Village One; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 1 q - I - 'Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 2 7"- ¿ In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categor- ies, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 3 C¡! -3 and Applicant in the same manner as members of the general public ("CrosS-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 4 y- t..¡' Attorney" which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 1. Business License 1. The City Attorney's Office prefers that you obtain approval of the surety or bank, the form of the security and the amount of the security from the Risk Manager in the first instance and not the City Attorney. The City Attorney's office would be available on such risk issues as an alternate only if the Risk Manager is unavailable and the matter can't wait. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 5 ý -s- Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 6 c¡:- , account number indicated on Exhibit A, Paragraph 18 @ to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 7 c,¿ - 7 and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 8 'f - ð' Regardless of'whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 9 q: '1 Consultant maY not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 10 y - It) satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 11 <.f -If Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee 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. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 12 L/ -(2- No suit or a~bitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. 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. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall entitled to recover all reasonable costs incurred in the of the claim, including costs and attorney's fees. be defense 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 13 v /3 If the box on 'Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. 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 herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 14 4 11 arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.1dt April 11, 1997 Page 15 '1'- IS ! ~greem~nt I I Signature Page to between City of Chula Vista and Kadie-Jensen, Bodnar ohrison & , ¡ I~ WITNESS WHEREOF, City and ~greem~nt thereby indicating that ¡samei aind indicate their full and , . , þated: , ¡ I I P:.ttest I i . ~everli Authelet, City Clerk I' . rwr~ aa Co '0= crohri M.I Kaheny, City Attorney I . I rated: ¡ I I ! i I I ¡ . I I i Standard Form Two Party I. . ¥:\ho~e~engineer\landdev\ckagreel.ldt April Ill, 1997 i. ! I i i , ¡ . I , I ; I for financial consulting services Consultant have execut d this I they have read and und rs~ood complete consent to it terms; 19 City of Chula Vista by: Shirley Horton, Ma or I . I [Name of Consultant] f(n'B; By: [name of person, ti le]' Agreement (Fifth eV~SiOn) Paige 16 'I (ç., 'Exhibit List to Agreement (X ) Exhibit A. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 17 t.( - 17 1. 2. 3. 4. Exhibit A to Agreement between City of Chula Vista and Kadie-Jensen, Johnson and Bodnar Effective Date of Agreement: City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political 'subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: [insert business form] , a ("City") Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: Kadie-Jensen, Johnson & Bodnar 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X ) Corporation Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 18 I.f ('( 6. Place of Busibess, Telephone and Fax Number of Consultant: 7801 Mission Center Court, Suite 229 San Diego, California 92108 Voice Phone (619) 296-1450 Fax Phone (619) 296-3783 7. General Duties: to provide the City with all the required financial consulting services for the formation of an assessment district pursuant to the "Municipal Improvement Act of 1913" (1913 Act) to fund the acquisition or construction of the following backbone facilities in the Otay Ranch: * Paseo Ranchero (4 lanes) - Telegraph Canyon Road to East Palomar Street (TDIF facility) East Palomar Street (4 lanes) - Paseo Ranchero to the Eastern Boundary of Village One Mónarche Drive (2 lanes) - Around Park P-l * * Bonds are proposed to be issued pursuant to the Improvement Bond Act of 1915. 8. Scope of work and Schedule: A. Detailed Scope of work: I. CONSULTANT "RESPONSIBILITIES Under the general direction of the City Manager or his designated representatives, Consultant shall provide the City with all required professional financing consulting services for the Project. This includes: A. PreDaration of Financina Plan - Consultant shall review and examine City's current criteria with regard to municipal financing, including lien ratio requirements, analyze tax rate impact from the use of public debt financing and maximum annual tax. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 19 Lf Ie¡ - Revie~-the financial feasibility of Because of the recent history of this involvement of the Baldwin Company, a plan may be difficult to develop. the Project. Project and the viable financing - Discuss the Project plan with City staff and property owner(s) to ensure that there is full disclosure to all parties of the risks involved. B. District Formation for Prolect - Consultant shall work with the Assessment Engineer in developing the method of spreading the assessment for the Project. This will assure that the appropriate methodology has been considered in terms of its effect on bond marketing. - Attend such meetings of property owner(s) as directed by the City. - Be available for any other meetings, hearings or consultations as may be requested by the City. C. Analysis of Bond Marketina - Consultant shall analyze the marketing methods appropriate to the Project including the amount, type and quality of security. - Recommend a marketing format to the City: 1. Competitive sealed bids, or 2. Negotiated sale Based on the information available to date, it is likely that the Bonds will be marketed through a negotiated sale. This Project has unique problems that will require substantially more work to protect the Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 20 if 2..0 City's interests, insure full disclosure, and successfully market the bonds. D. Sale of Bonds 1. Competitive Sealed Bids In the event that it is decided to market the bonds on a competitive sealed bid basis, Consultant' services shall include, but not limited to the following: - Assist Special Disclosure Counsel in the preparation of an Official Statement which would comply with all current S.E.C rules and regulations governing disclosure and issuance of municipal securities, including all current available information useful to the prospective underwriters in evaluating the security of the bonds to be offered. - Assist Bond Counsel in preparing the Notice of Sale and arrange for required publication. ~ On approval of the Notice of Sale and the Official Statement by the City, mail the Official Statement, the notice of Sale, and a bid form to a comprehensive list of prospective assessment district bond underwriters, - Arrange for a tour of the Project area by prospective underwriters. - Undertake such other services and analyses as may be required or desirable to assure that the City receives the best possible bids on the bonds being sold and fulfills its obligation for complete disclosure. - On the bond sale dat~, assist the City in opening and evaluating the bids for the purchase Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 21 y ~/ of the bonds, and make a recommendation for award of the bonds to the lower bidder. - Assist the City, as needed, to assure the timely delivery of bonds and closing. - Be available for meetings of the City Council, or other meetings or consultations as may be required by the City. 2. Negotiated Sale In the event that it is decided to market the bonds on a negotiated basis, Consultant' services shall include, but not limited to the following: - Consultant shall assist the City in the selection of underwriter(s) for a negotiated sale. The selection of underwriter is a key to the successful completion of this project. The underwriter has the responsibility of preparing the Official Statement and using its own legal counsel to insure that disclosure laws are adhere to. The underwriter must have the experience and established track record of marketing several assessment district bond issues in order to understand the risks and problems associated with this Project. In the event that the City selects an underwriter that, in the opinion of the Consultant, does not meet these requirements, Consultant may withdraw from this Agreement by providing 30 days notice to the City. - Assist the City in negotiating with the underwriter(s) for the sale of bonds. - Assist Bond Counsel in preparing the required legal documents. - Undertake such other services and analyses as may be required to assure that the City receives the best Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 22 '-I ~ 2- '-- possiblè~'price on the Bonds and fulfills its obligation for complete disclosure. - Attend such meetings of the City Councilor staff as directed by the City. - Assist the City, as needed, to assure the timely delivery of Bonds and closing. II. PROJECT CONSULTANTS Consultant shall have the responsibility for hiring an appraiser, subject to the prior approval of the City Engineer and the Finance Director; both as to selection and compensation. The City shall reimburse the Consultant for the cost of the services provided by the appraiser Other subconsultants (such as the Special Disclosure Counsel) may be employed by the Consultant but only subject to the prior approval of the City Engineer and the Finance Director; both as to selection and compensation. City reserves the right to employ, at its own expense, any or all consultants, or other personnel it deems necessary to complete the Project. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: N/A Deliverable No.2: N/A Deliverable No.3: N/A Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 23 'f 2..3 D. (X) (X) (X) ( ) ( ) Date for completion of all Consultant services: The term of this agreement shall run from its date to January 1, 2005, or upon sale and delivery of bonds. Insurance Requirements: Statutory Worker's Compensation Insurance Employer's Liability Insurance coverage: $1,000,000. Commercial General Liability Insurance: $1,000,000. Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: 11. Compensation: A. (X) Single Fixed Fee Arrangement. I. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $35,000, payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee * For services provided under I.A. through I.C. (Section B.A of Exhibit A) * For services provided under I.D. (Section B.A of Exhibit A) (subject to successful sale of the bonds) II. $10,000 $25,000 For other services: a. In addition to any fees which may come due hereunder, consultant will be reimbursed, at cost, Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 24 'I - 2..Ý b. c. fo~"any out-of-pocket expenses' incurred for any of the following purposes: printing and mailing of the Preliminary and Final Official Statements and any accompanying documents required for the marketing of the bonds: publication of the Notice of Sale; and preparation of a Statement of Overlapping debt. The total amount of such reimbursement shall not exceed $14,000. Said maximum amount does not include the cost of obtaining a bond rating, insurance, or Special Disclosure Counsel. The reimbursement of the foregoing expenses is not contingent on or subject to the sale of bonds. City shall reimburse Consultant for the cost of the services relating to subconsultants. The amount to be paid for services of an appraiser and/or a Special Disclosure Counsel shall not exceed $20,000 total for both subconsultants. If any sale of bonds is canceled or postponed beyond one year from the date of commencement of proceedings for such sale, or if this contract is terminated by either party for any reason, Consultant shall be paid for services rendered at the rate of $135 per hour and will additionally be reimbursed for any out-of-pocket expenses incurred in connection with the services required by this contract. The maximum amount to be paid for these services is $10,000. Said maximum amount does not include any expenses under Section 11.A.II.a or Section 11.A.II.b of Exhibit A. } 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 25 Lf-Z-5 returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. 3. 2. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 26 'I 2-(? $ $ $ ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 27 <f - 2.7 Services, at the ~~tes or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (I) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation") . (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee of Consultant Name Hourly Rate Financial Consultant Carl Kadie $135 } Hourly rates may increase by 6% for services rendered after [month], 19 ,if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagreel.ldt April 11, 1997 Page 28 L/ - 2..'í?' For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) None, the compensation includes all costs. Cost or Rate Reports, not to exceed $------: Copies, not to exceed $------: Travel, not to exceed $------: Printing, not to exceed $------: Postage, not to exceed $------: Delivery, not to exceed $------ Long Distance Telephone Charges, not to exceed $------. Other Actual Identifiable Direct not to exceed $ , not to exceed $ Costs: 13 . Contract Administrators: City: Clifford L. Swanson City Engineer 276 Fourth Avenue Chula Vista, CA 91910 Consultant: Carl Kadie 7801 Mission Center Court, Suite 229 San Diego, Ca 92108 14. Liquidated Damages Rate: ) $----- per day. ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X ) Not Applicable. Not an FPPC Filer. Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 29 <f 2-C¡ ) FPPC Filer ) Category No.1. income. Investments and sources of ) Category No.2. Interests in real property. ) Category No. property and regulatory, department. 3. Investments, interest in real sources of income subject to the permit or licensing authority of the ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ) Category No.5. Investments in business and sources of income of the type which, the past two years, have contracted with of Chula Vista (Redevelopment Agency) to services, supplies, materials, machinery equipment. entities within the City provide or ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 30 :30 y "., 16. ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsu1tants: Consultant shall have the responsibility for hiring an appraiser, subject to the prior approval of the City Engineer; both as to selection and compensation. The City shall reimburse the Consultant for the cost of the services provided by the appraiser 18. Bill processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X ) Other: l)At issuance and sale of bonds or abandonment of project. 2) As required to pay subconsu1tants B. Day of the Period for submission of Consultant's Billing: ) First of the Month ) 15th Day of each Month ) End of the Month ) Other: C. City's Account Number: 19. Security for Performance ) Performance Bond, $ ) Letter of Credit, $ ) Other Security: Type: Amount: $ Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.1dt April 11, 1997 Page 31 3; C(- ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ) Retention Percentage: ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: Standard Form Two Party Agreement (Fifth Revision) H:\home\engineer\landdev\ckagree1.ldt April 11, 1997 Page 32 Lf 3è..