HomeMy WebLinkAboutRDA Packet 2005/07/19
~V?-
=-~=~
--~--~
- --
CITY OF
TUESDAY, JULY 19, 2005 CHUlA VISTA
6:00 P.M.
(immediately following the City Council meeting)
COUNCil CHAMBERS
PUBLIC SERVICES BUilDING
REVISED
A .JOINT MEETING OF
REDEVELOPMENT AGENCY I CITY COUNCIL
OF THE CITY OF CHULA VISTA
CALL TO ORDER
ROLL CALL
Agency/Council Members Castaneda, Davis, McCann, Rindone; Chair/Mayor Padilla
CONSENT CALENDAR
The staff recommendations regarding the following item(s) listed under the Consent Calendar will be enacted
by the Agency/Council by one motion without discussion unless an Agency/Council member, 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 "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the
meeting. Items pulled from the Consent Calendar will be discussed after Public Hearing items. Items pulled by
the public will be the first items of business.
1. APPROVAL OF MINUTES - June 21, 2005
2. JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY AND CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONSULTANT
AGREEMENTS WITH THE ROSENOW SPEVACEK GROUP, INC. (RSG) FOR
REDEVELOPMENT CONSULTANT SERVICES; AND AUTHORIZING THE
CHAIR TO EXECUTE SAID AGREEMENT - The proposed contracts with RSG
include updating the redevelopment area implementation plans, amending
the Town Centre I and Bayfront plans, and extending the project areas due
to the ERAF shifts. Since the total consultant fee for all RSG agreements
now exceeds $50,000, Agency/Council approval is required. Staff is
requesting waiving the formal consultant selection process based on RSG's
qualifications and experience, the limited market for their type of expertise,
and their satisfactory work performance on previous consultant work.
[Director of Community Development]
STAFF RECOMMENDATION: Agency/Council adopt the resolution.
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the Redevelopment Agency on any subiect matter
within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits
the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish
to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications
Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to
the meeting. Those who wish to speak, please give your name and address for record purposes and follow up
action.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council/Agency, staff, or members of the general public. The items will be considered individually by the
Council/Agency and staff recommendation may in certain cases be presented in the alternative. Those who
wish to speak, please fill out a Request to Speak form available in the lobby and submit it to the City Clerk
prior to the meeting.
OTHER BUSINESS
4. DIRECTOR'S REPORT
5. CHAIR REPORT
6. AGENCY COMMENTS
ADJOURNMENT
The Redevelopment Agency will adjourn to an adjourned meeting on July 26,
2005, at 6:00 p.m., in the Council Chambers.
AMERICANS WITH DISABiliTIES ACT
The City of Chura Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who
require special accommodates to access, attend, and/or partiCipate in a City meeting, activity, or service
request such accommodation at least 48 hours in advance for meetings and five days for scheduled services
and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (61 g)
691-5047 or Telecommunications Devices for the Deaf (TOO) at (619) 585-5647. California Relay Service is
also available for the hearing impaired.
RDA/City Council, July 19, 2005
Page 2
MINUTES OF REGULAR MEETINGS OF THE CITY COUNCIL
AND REDEVELOPMENT AGENCY AND A SPECIAL MEETING OF THE HOUSING
AUTHORITY OF THE CITY OF CHULA VISTA
June 21, 2005
6:00 p.m.
Regular Meetings of the City Council and Redevelopment Agency and a Special Meeting of the
Housing Authority were called to order at 6:26 p.m. in the Council Charnbers, located in the
Public Services Building, 276 Fourth Avenue, Chula Vista, California
ROLL CALL:
PRESENT: Agency/Authority/Councilmembers Castaneda, McCann, Rindone
and Deputy ChairlDeputy Mayor Davis
ABSENT: Chair/Mayor Padilla
ALSO PRESENT: Executive Director/City Manager Rowlands, Senior Assistant City
Attorney/Senior Assistant Agency Counsel Marshall, Assistant
City Clerk Norris
ORAL COMMUNICATIONS - THE REDEVELOPMENT AGENCY
There were none.
PUBLIC HEARING OF THE CITY COUNCIL, REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
1. CONSIDERATION AND ADOPTION OF THE OPERATING AND CAPITAL
IMPROVEMENT BUDGETS FOR THE CIY, AND THE OPERATING BUDGETS
FOR THE REDEVELOPMENT AGENCY AND THE HOUSING AUTHORITY FOR
FISCAL YEARS 2006 AND 2007
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Deputy ChairlDeputy Mayor Davis opened the public hearing.
There being no members of the public who wished"to speak, Deputy ChairlDeputy Mayor Davis
asked for a motion.
ACTION:
Agency/ Authority/Councilmember Castaneda moved to continue the hearing to an
Adjourned Regular Meeting on June 28, 2005. Agency/Authority/Council-
member Rindone seconded the motion, and it carried 4-0.
1-1
OTHER BUSINESS
2. DIRECTOR/CITY MANAGER'S REPORTS
There were none.
3. CHAIR/MAYOR'S REPORTS
There were none.
4. AGENCY/COUNCILMEMBER COMMENTS
There were none.
ADJOURNMENT
At 6:28 p.m., Deputy Chair/Deputy Mayor Davis adjourned the Special Meeting of the Housing
Authority and the Regular Meeting of the Redevelopment Agency to Adjourned Regular
Meetings on June 28, 2005 at 6:00 p.m. in the Council Charnbers.
Lfi~
Donna Norris, CMC
Assistant City Clerk
Page 2 Council/RDA/HA Minutes
06/21 /05
1-2
JOINT REDEVELOPMENT AGENCy/CITY COUNCIL
AGENDA STATEMENT
ITEM NO.:
MEETING DATE:
d--
07/19/05
ITEM TITLE:
JOINT AGENCY/COUNCIL RESOLUTION APPROVING CONSULTANT
AGREEMENTS WITH THE ROSENOW SPEVACEK GROUP, INC. (RSG) FOR
REDEVELOPMENT CONSULTANT SERVICES; AND AUTHORIZING THE
CHAIR TO EXECUTE SAID AGREEMENTS
SUBMITTED
BY:
REVIEWED BY: EXECUTIVE DIRECTOr
COMMUNITY DEVELOPMENT DIRECTOR
~L,,^
4/STHS VOTE: YES 0 NO D
BACKGROUND
Agency staff seeks to enter into two agreements with the Rosenow Spevacek Group,
Inc. (RSG) for professional redevelopment consultant services. The proposed
agreements are the fourth and fifth consultant assignments with RSG this fiscal year.
The two proposed agreements with RSG include updating the redevelopment area
implementation plans, amending the Town Centre I and Bayfront redevelopment plans,
and extending the project areas expiration date and/or ability to collect tax increment
revenue due to shifts in the Education Revenue Augmentation Fund [ERAF). The total
consultant fee for both agreements is $49,000.
Since the total consultant fee for all RSG agreements exceeds $50,000 this fiscal year,
Agency/Council approval is required. Staff is recommending waiving the formal
consultant selection process and enter into both agreements with RSG for the specified
redevelopment consultant services. The recommendation is based on RSG's
qualifications and experience, the limited ,market for their expertise, and their
satisfactory work performance on previous redevelopment consultant assignments.
RECOMMENDATION
Adopt resolution approving consultant agreements with the Rosenow Spevacek Group,
Inc. for redevelopment consultant services; and authorize the Chair to execute said
agreements for this purpose.
2-1
PAGE 2, ITEM NO.: d-
MEETING DATE: 07/19/05
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable
DISCUSSION
The proposed agreements with the Rosenow Spevacek Group, Inc. (RSG) are for work
programs that require compliance with the State's redevelopment statutes. RSG, a
redevelopment planning firm based in Santa Ana, has been instrumental in assisting the
Agency over the years on their most recent plan adoptions and amendments. Staff's
recommendation to waive the formal consultant selection process is based on RSG's
qualifications and experience, the limited market for their expertise, and their
satisfactory work performance on previous consultant assignments. The proposed
agreements with RSG are for the following work assignments:
1. Implementation Plan Update: Pursuant to Section 33490 of State Redevelopment
Law, redevelopment agencies are required to prepare and adopt a Five-Year
Implementation Plan for each project area. Since the current Plans have expired,
the Agency is required to update them as early as possible. The scope of work for
the Agreement (Exhibit A) includes:
. Data Collection;
. Preparing the project adoption schedule;
. Conducting Field Reconnaissance;
. Data Analysis - Delineating Goals and Objectives;
. Identifying Projected Revenues and Non-Housing Expenditures for the next
five years;
. Preparing the Housing Compliance/Implementation Plan;
. Drafting the Redevelopment Implementation Plan and Developing the
Implementation Matrix; and
. Assisting and participating in the public hearing process for adoption of the
Implementation Plans.
2. As Needed Consultant Services: The scope of work for the Agreement (Exhibit B)
includes:
A. Education Revenue Auamentation Fund fERAFl Extension: The State
mandated payment of the ERAF from redevelopment funds has adversely
affected local redevelopment agencies ability to implement revitalization
activities within project areas. ERAF extensions provide the opportunity for
local agencies with eligible project areas to have their expiration date and/or
ability to collect tax increment revenue extended. The anticipated result is
2-2
PAGE 3, ITEM NO.: ;;L
MEETING DATE: 07/19/05
additional revenues to repay indebtedness for Agency projects and activities
that revitalize project areas. The work tasks for this assignment includes:
. Researching project area eligibility for having their expiration date
and/or ability to collect tax increment revenue extended;
. Preparing ordinances required to secure the ERAF extensions; and
. Detailing the steps that must be taken to make other project areas
eligible.
B. Bavfront/Town Centre I Plan Amendments: involves deleting outdated land
use designations, and deferring to the proposed General Plan Update and
Urban Core Specific Plan. RSG shall assist the Agency in ensuring that the
amendments comply with State Redevelopment Law. The work tasks include:
. Preparing the necessary documents for plan amendments;
. Attending community forum meetings;
. Preparing mailing lists and required notices;
. Attending public hearings;
. Preparing the amendments, reports, and correspondence; and
. Preparing written responses to objections.
C. Reinstitute the Added Area Proiect Area Committee (PAC): consists of
drafting bylaws for the new Added Area PAC, and developing a framework
for PAC roles and duties.
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines; therefore, pursuant to Section 15060(93) of the State CEQA Guidelines the
activity is not subject to CEQA. Thus, no environmental review is necessary.
FISCAL IMPACT
The total consultant fee to date for all agreements with RSG is $49,600. The proposed
agreements are the fourth and fifth consultant assignments with RSG this fiscal year.
The total consultant fee for the proposed agreements is $49,000 ($24,000 for
Implementation Plan Updates and $25,000 for As Needed Redevelopment Services) for
a total contracts amount of $98,600 with RSG this fiscal year. Staff has identified $49,000
in the Town Centre I/Bayfront and Merged Chula Vista Area budgets to pay for the
consultant services. Therefore, no additional appropriations are being requested.
2-3
RESOLUTION NO.
JOINT AGENCY/COUNCIL RESOLUTION APPROVING CONSULTANT
AGREEMENTS WITH THE ROSENOW SPEVACEK GROUP, INC.
(RSG) FOR REDEVELOPMENT CONSULTANT SERVICES; AND
AUTHORIZING THE CHAIR TO EXECUTE SAID AGREEMENTS
WHEREAS, the Agreements with the Rosenow Spevacek Group, Inc. (RSG) are for work
programs and activities that requires compliance with California Redevelopment Law; and
WHEREAS, RSG, a redevelopment planning firm based in Santa Ana, was retained due to their
qualifications and extensive redevelopment consultant experience; and
WHEREAS, the Agreements are the fourth and fifth consultant assignments with RSG this fiscal
year; and
WHEREAS, the consultant assignments include updating the redevelopment area
implementation plans, amending the Town Centre I and Bayfront redevelopment plans, and extending
the project areas expiration date and/or ability to collect tax increment revenue due to shifts in the
Education Revenue Augmentation Fund (ERAF); and
WHEREAS, the total consultant fee for both agreements is $49,000 for a total contracts amount
of $98,600 with RSG this fiscal year; and
WHEREAS, Agency/Council is waiving the formal consultant selection process and entering into
both agreements with RSG for the specified redevelopment consultant services; and
WHEREAS, the recommendation is based on RSG's qualifications and experience, the limited
market for their expertise, and their satisfactory work performance on previous redevelopment
consultant assignments; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined that the activity
is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to
Section 15060(93) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary; and
NOW THEREFORE BE IT RESOLVED, THE REDEVELOPMENT AGENCY AND CITY
COUNCIL OF THE CITY OF CHULA VISTA does hereby approve in the form presented the
Agreements with the Rosenow Spevacek Group, Inc. (RSG) for the specified redevelopment consultant
services; and
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to
execute said agreements for and on behalf of the City.Council and Redevelopment Agency of the City
of Chula Vista.
Presented by
Approved as to form by
Laurie A. Madigan
Director of Community Development
A oore
City Attorney and Agen
J:\COMMDEVlRESOS\2005\07 -19-05\RSG Contracts.doc
1
2-4
AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
AND
ROSENOW SPEVACEK GROUP INC.
FOR PROFESSIONAL CONSULTANT SERVICES
This agreement ("Agreement"), dated the 19th of July of 2005 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 seeking the services of a professional
consultant to assist the City on a variety of redevelopment related
work programs and activities; and
WHEREAS, the Consultant was selected due to their extensive
experience of working with the City on previous redevelopment
project area adoptions, amendments, and work related programs and
activities; and
WHEREAS, the City is waiving the formal consultant selection
process based on the limited market for this type of service, the
Consultant's intimate knowledge of the City's redevelopment project
areas, and their satisfactory work performance on previous work
programs and activities; and
WHEREAS, Consultant warrants and represents that it is
experienced and staffed in a manner such that it is 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;
Page 1
2-5
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
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
Page 2
2-6
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
categories, 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 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 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
Page 3
2-7
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 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.
I. Business License
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title"S of the Chula Vista Municipal
Code.
2. Duties of the City
A. Consultation and Cooperation
Page 4
2-8
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
Consultant 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
account number indicated on Exhibit A, Paragraph 18 (C) 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
Page 5
2-9
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
performance. 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
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.
Page 6
2-10
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.
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
Page 7
2-11
Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
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 or
alleged by third parties to be the result of the negligent acts,
errors or omissions or the willful misconduct of the Consultant,
and Consultant's employees, subcontractors or other persons,
agencies or firms for whom Consultant is legally responsible in
connection with the execution of the work covered by this
Agreement, except only' for those claims, damages, liability,
costs and expenses (including without limitations, attorneys
fees) arising from the sole negligence or sole willful misconduct
of the City, its officers, employees. Also covered is liability
arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the City,
its agents, officers, or employees which may be in combination
with the active or passive negligent acts or omissions of the
Consultant , its employees, agents or officers, or any third
party.
with respect to losses arising from Consultant's professional
errors or omissions, 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) except for those claims arising from the
negligence or willful misconduct of 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.
Consultant's obligations under this Section shall not be limited
by any prior or subsequent declaration by the Consultant.
Consultant's obligations under this Section shall survive the
termination of this Agreement.
8. Termination of Agreement for Cause
Page 8
2-12
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
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
Page 9
2-13
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 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
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
Page 10
2-14
reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
good
over
Upon request by City, Consultant shall meet and confer in
faith with City for the purpose of resolving any dispute
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 be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
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,
Consultant 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
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,
Page 11
2-15
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
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.
Page 12
2-16
SIGNATURE PAGE
TO
AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
AND
ROSENOW SPEVACEK GROUP INC.
FOR PROFESSIONAL CONSULTANT 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:
, 2005
City of Chula Vista
by:
Steve Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
---
7-/I-tJt::J
Dated:
Ro"n7w ,p,,"& Group,
By: --'iLfM
Kathleen Rosenow
Principal
Inc.
Exhibit List to Agreement
(Xl Exhibit A.
(Xl Exhibit B.
Page 13
2-17
EXHIBIT A
TO
AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
AND
ROSENOW SPEVACEK GROUP INC.
FOR PROFESSIONAL CONSULTANT SERVICES
1. Effective Date of Agreement: July 19, 2005
2. City-Related Entity:
() City of Chula Vista, a municipal chartered corporation
of the State of California
(X) 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:
Community Development Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant: Kathleen Rosenow, Principal
Rosenow Spevacek Group, Inc.
5. Business Form of Consultant:
) Sole Proprietorship
) Partnership
x) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
Rosenow Spevacek Group, Inc.
309 West 4~ Street
Santa Ana, CA 92701
Page 14
2-18
b: (714) 541-4585
f: (714) 541-1175
7. General Duties:
Consultant shall assist the City to:
A. Process the ordinances required
Revenue Augmentation Fund (ERAF)
project areas;
to secure the Education
extensions for eligible
B. Amend the Merged Bayfront/Town Centre I Project Area Plans
to delete land use designations and, defer to the proposed
General plan Update and Urban Core Specific Plan; and
C. Reinstitute the Project Area Committee (PAC) for the Added
Area Redevelopment Project; and
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
See Exhibit B
B. Date for Commencement of Consultant Services:
x) Same as Effective Date of Agreement
Other:
C. Dates or Time Limits for Delivery of Deliverables:
See Exhibit B
D. Date for completion of all Consultant services:
180 days from the effective date of agreement or
acceptance of all deliverables by Agency, whichever
occurs last.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) 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) .
(X) Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage) .
Page 15
2-19
10. Materials Required to be Supplied by City to Consultant:
Under discretion of the Contract Administrator, any
information, data, items, and materials Consultant requests
access to for the purposes of achieving the objectives of this
Agreement, which are not otherwise privileged or unavailable
for disclosure.
11. Compensation:
Hourly Rate Arranqement
For performance of all 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 herein below according to the
following terms and conditions:
A. Not-to-Exceed Limitation on Time and Materials
Arranqement
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
$25,000.
B. Rate Schedule
Fees shall be charged to the City on a time-and-materials
basis for tasks performed under Exhibit B, entitled Scope
of Work and Schedule, in accordance with the schedule of
rates and charges outlined below:
Position Billing Rate
Principal $175
Senior Associate $145
Associate $125
Analyst $100
Research Assistant $80
Word Processor/Graphic Artist $60
Clerical $50
Page 16
2-20
12. Materials Reimbursement Arrangement
If the City requests for additional insured certificates,
messenger services, overnight mail costs, and copies of
reports, documents, notices, and support material in excess
of five (5) copies, Consultant will charge these costs at
actual expense, plus a 10% surcharge.
13. Contract Administrators:
City:
Eric Crockett, Redevelopment Manager
Consultant:
Kathleen Rosenow
14. Liquidated Damages Rate: Not Applicable
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
(X) List .Consultant Associates. interests in real property
within 2 radial miles of Project Property, if any: None
16. Consultant is Real Estate Broker and/or Salesman:
Not applicable
17. Permitted Subconsultants:
Not applicable
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:
Page 17
2-21
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:
Page 18
2-22
EXHIBIT B
AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
AND
ROSENOW SPEVACEK GROUP INC.
FOR PROFESSIONAL CONSULTANT SERVICES
SCOPE OF SERVICES
Target completion date for all services: 180 days
effective date of agreement, or acceptance
deliverables by City, whichever occurs last.
from the
of all
1. Education Revenue Augmentation Fund (ERAF) Extension
Consultant shall research California Redevelopment Law to
determine which, if any, of the City's redevelopment
project areas are eligible to have their expiration date
and/or ability to collect tax increment revenue extended.
Consultant shall prepare the ordinances required to secure
the ERAF extensions for eligible project areas, and shall
detail the steps that must be taken to make other project
areas eligible.
2. Amendments to the Bayfront/Town Centre I Merged Project
Area Plan
Consultant shall amend the Merged Bayfront/Town Centre I
proj ect Area Plan to delete land use designations, and
defer to the City's General Plan Update and Urban Core
Specific Plan. The Consultant shall:
A. Prepare Necessary Documents: Prepare the text amendment
to the Redevelopment Plan and the Report to the City
Council pursuant to Section 33352 of the California
Redevelopment Law (CRL).
B. Attend Community Forum .Meetinq(sl Attend and/or
conduct one or more community forum meetings prior to
the joint public hearing.
C. Prepare Mailinq Lists: Prepare taxing entity, assessee,
resident, business, and interested party mailing lists
to be used for mailing all notices required by the CRL.
D. Prepare Required Notices: Prepare all notices required
by the CRL including, but not limited to: the notice
1
2-23
pursuant to Section 33327 of the CRL; the published and
mailed notice of community forum meeting (s); and the
published and mailed notice of joint public hearing for
property owners, businesses, residents and persons,
firms or corporations which have acquired property
within the Project Area from the City.
E. Attend the Joint Public Hearinq:
attend and present information
hearing.
If requested by staff,
at the joint public
F. Prepare
reports
prepare
CRL.
Staff Reports and Follow-up: Draft all staff
needed to proceed with the amendment and
follow-up correspondence as required by the
G. Prepare Written Responses
needed, prepare written
objections received at the
to Written Ob-iections: If
responses to any written
joint public hearing.
3. Reinstitute the Project Area
Area Redevelopment Project
Committee (PAC) for the Added
Consultant shall assist
the Added Area PAC.
bylaws, and developing
responsibilities.
the City in its efforts to revive
Work tasks include drafting PAC
a framework for PAC roles and
2
2-24
AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
AND
ROSENOW SPEVACEK GROUP INC.
FOR PROFESSIONAL CONSULTANT SERVICES
This agreement ("Agreement"), dated the 19th of July of 2005 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 seeking professional consultant services
to assist the City in preparing Five-Year Implementation Plans for
the Bayfront/Town Centre I and Merged Chula Vista Redevelopment
Project Areas; and
WHEREAS, the preparation of Five-Year Implementation Plans is
a requirement of Redevelopment Agencies pursuant to Section 33490
of the California Community Redevelopment Law; and
WHEREAS, the Consultant was selected due to their extensive
experience of working with the City on previous redevelopment
project area adoptions and amendments; and
WHEREAS, the City is waiving the formal consultant selection
process based on the limited market for this type of service, the
Consultant's intimate knowledge of the City's redevelopment project
areas, and their satisfactory work performance on previous plan
amendments and adoptions; and
WHEREAS, Consultant warrants and represents that it is
experienced and staffed in a manner such that it is 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;
Page 1
2-25
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
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.
Page 2
2-26
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
categories, 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 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 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
Page 3
2-27
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 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.
I. Business License
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
Page 4
2-28
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
Consultant 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
account number indicated on Exhibit A, Paragraph 18 (C) 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.
Page 5
2-29
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
performance. 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
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.
Page 6
2-30
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.
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.
Page 7
2-31
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.
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 or
alleged by third parties to be the result of the negligent acts,
errors or omissions or the willful misconduct of the Consultant,
and Consultant's employees, subcontractors or other persons,
agencies or firms for whom Consultant is legally responsible in
connection with the execution of the work covered by this
Agreement, except only for those claims, damages, liability,
costs and expenses (including without limitations, attorneys
fees) arising from the sole negligence or sole willful misconduct
of the City, its officers, employees. Also covered is liability
arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the City,
its agents, officers, or employees which may be in combination
with the active or passive negligent acts or omissions of the
Consultant its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional
errors or omissions, 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) except for those claims arising from the
negligence or willful misconduct of 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.
Consultant's obligations under this Section shall not be limited
by any prior or subsequent declaration by the Consultant.
Consultant's obligations under this Section shall survive the
termination of this Agreement.
8. Termination of Agreement for Cause
Page 8
2-32
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
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
Page 9
2-33
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 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
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
Page 10
2-34
reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
good
over
Upon request by City, Consultant shall meet and confer in
faith with City for the purpose of resolving any dispute
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 be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
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,
Consultant 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
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,
Page 11
2-35
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
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.
Page 12
2-36
SIGNATURE PAGE
TO
AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
AND
ROSENOW SPEVACEK GROUP INC.
FOR PROFESSIONAL CONSULTANT 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:
, 2005
City of Chula Vista
by:
Steve Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
1-//-05
Rosenow Spevacek Group, Inc.
By:j~/j~/2tr--
K thleen Rosenow
Principal
Exhibit List to Agreement
(X) Exhibit A.
(X) Exhibit B.
Page 13
2-37
EXHIBIT A
TO
AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
AND
ROSENOW SPEVACEK GROUP INC.
FOR PROFESSIONAL CONSULTANT SERVICES
1. Effective Date of Agreement: July 19, 2005
2. City-Related Entity:
() City of Chula Vista, a municipal chartered corporation
of the State of California
(X) 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:
Community Development Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant: Kathleen Rosenow, Principal
Rosenow Spevacek Group, Inc.
5. Business Form of Consultant:
) Sole Proprietorship
) Partnership
x) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
Rosenow Spevacek Group, Inc.
309 West 4~ Street
Page 14
2-38
Santa Ana, CA 92701
b: (714) 541-4585
f: (714) 541-1175
7. General Duties:
Consultant shall assist the City in developing Five-Year
Implementation Plans for the Bayfront/Town Centre I Merged and
Merged Redevelopment Project Areas. Duties include assisting
the City in preparing overall goals and objectives that address the
elimination of blight for each project area. Specific projects that
will implement the goals and objectives and anticipated expenditures
for each project area shall also be identified. The Consultant will
also assist the City in identifying housing programs and activities
that address the preservation, improvement, and rehabilitation of
affordable housing.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
See Exhibit B
B. Date for Commencement of Consultant Services:
x) Same as Effective Date of Agreement
Other:
C. Dates or Time Limits for Delivery of Deliverables:
See Exhibit B
D. Date for completion of all Consultant services:
100-days from the effective date of this Agreement or
acceptance of all deliverables by City, whichever
occurs last.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) 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) .
(X) Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage) .
Page 15
2-39
10. Materials Required to be Supplied by City to Consultant:
Under discretion of the Contracts Administrator, any
information, data, items, and materials Consultant requests
access to for the purposes of achieving the objectives of this
Agreement, which are not otherwise privileged or unavailable
for disclosure.
11. Compensation:
Hourly Rate Arranqement
For performance of all 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 herein below according to the
following terms and conditions:
A. Not-to-Exceed Limitation on Time and Materials
Arranqement
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
$24,000.
B. Rate Schedule
Fees shall be charged to the City on a time-and-materials
basis for tasks performed under Exhibit B, entitled Scope
of Work and Schedule, in accordance with the schedule of
rates and charges outlined below:
Position Billing Rate
Principal $175
Senior Associate $145
iAssociate $125
IAnalyst $100
Research Assistant $80
Word Processor/Graphic Artist $60
Clerical $50
Page 16
2-40
12. Materials Reimbursement Arrangement
None, the compensation includes all costs.
13. Contract Administrators:
City:
Eric Crockett, Redevelopment Manager
consultant:
Kathleen Rosenow
14. Liquidated Damages Rate: Not Applicable
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
(X) List "Consultant Associates" interests in real property
within 2 radial miles of Project Property, if any: None
16. Consultant is Real Estate Broker and/or Salesman:
Not applicable
17. Permitted Subconsultants:
Not applicable
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, $
Page 17
2-41
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:
Page 18
2-42
EXHIBIT B
AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
AND
ROSENOW SPEVACEK GROUP INC.
SCOPE OF SERVICES
I. Data Collection - Scoping Meeting
(Target Completion Date: July 2005)
Consultant shall hold a scoping conference with staff to:
. Discuss and further refine the scope and objectives
of the Implementation Plans.
. Review the existing Implementation Plans and gather
information on current status of projects and
programs identified in the prior documents.
. Identify key resource people and collect all
pertinent documents which could include: budgets;
financial information; work programs; the City
housing element; capital projects budgets;
infrastructure studies; market studies; and baseline
data on housing construction, rehabilitation and
numbers of deed-restricted affordable housing.
. Review current problems, needs, and opportunities for
the Project Areas.
. Review current and proposed Agency implementation
projects and programs.
.
Identify key planning and political issues
affect the preparation and adoption
Implementation Plans.
that would
of the
. Identify non-Agency fu~ding sources for desired
projects.
II. Project Adoption Schedule
(Target Completion Date: July 2005)
Consultant shall update and refine the adoption schedule,
taking into consideration input from the scoping meeting
and data collection and desired timeline.
1
2-43
III. Field Reconnaissance
(Target Completion Date: July 2005)
Consultant shall conduct field
project area to familiarize
conditions of blight, project
completed redevelopment projects,
within the City.
reconnaissance of the
themselves with the
implementation sites,
and the housing product
IV. Data Analysis - Delineate Goals and Objectives
(Target Completion Date: August 2005)
Working with the existing Implementation Plans and data
and field survey results, Consultant shall verify the
goals and objectives, and update the status of the
proposed implementation projects/programs incorporated
into the Implementation Plan.
V. Identify Projected Revenues and Non-Housing Expenditures
for Next Five Years
(Target Completion Date: August 2005)
Consultant shall prepare project area revenue projections
for the Project Area and work with staff to estimate
potential expenditures for the projects and programs
identified in the plan.
VI. Prepare Housing Compliance/Implementation Plan
(Target Completion Date: August 2005)
A. With staff input, Consultant shall prepare the
housing compliance/implementation plan including
revenue and expenditure projections for the Agency's
Housing Fund. The Plan shall additionally address
the following requirements:
. Section 33334.2 of the California Community
Redevelopment Law (CRL) - The Agency's obligation
to use twenty percent, (20%) of its tax increment
revenue to increase, -- improve, and preserve the
community's supply of low and moderate-income
housing. Consultant shall conduct a review of the
status of the Agency's Housing Funds to determine
whether, during the Housing Program term, there is
a potential excess surplus problem.
. Section 33334.4 of the CRL policies regarding
the expenditure of low and moderate housing funds
2
2-44
over the duration of the Redevelopment Plan.
Monies in the fund should assist housing in the
same proportion as the total number of housing
units needed for moderate, low, and very low
income households, as identified in the fair share
allocation model presented in the City's Housing
Element. The Implementation Plan shall provide US
Census data to quantify the percentage of
residents within the City that are over 65 years
of age. This represents the maximum percentage
that the Agency can allocate to senior citizen
housing projects over the ten-year period of the
Housing Implementation Plan.
· Section 33413 (a) of the CRL - The need, if any,
for the Agency to provide replacement housing
units. If implementation of any of the non-
housing and/or housing projects identified within
the Five-Year Implementation Plans destroy or
remove units, the housing program must identify
locations for replacement units. Further, any
outstanding replacement housing needs resulting
from previous redevelopment projects will be
identified and incorporated into the housing plan.
· Section 33413 (b) of the CRL - The need to provide
deed-restricted affordable housing units at a rate
of 0.15:1 for every new or substantially
rehabilitated unit developed by private interests
in the Project Area. Known as the "inclusionary"
housing requirement, the Five-Year Implementation
Plan must quantify the number of residential units
that have or will be created in the project area,
the resulting affordable housing need, and how
this need will be met.
B. Consultant shall prepare the housing production plan,
which will involve the following tasks:
1.
Conduct needs
affordable housing
date for the various
assessment/fulfillment
production requirements
project areas:
of
to
a.
Identify the number
destroyed or refuoved
adoption of the project
of dwelling
by the Agency
areaSj
units
since
b.
Identify the
constructed in
adoption:
number
the
of dwelling
proj ect areas
units
since
i. Privately developed units
ii. Agency-developed units
3
2-45
c.
Identify the
rehabilitated
adopted.
number
since the
of dwelling
proj ect areas
units
were
d. Of la - lc, delineate the number of dwelling
units which have been created or
rehabilitated and reserved for:
i. Very low income households
11. Low income households
iii. Moderate-income households
2. Project the number of dwelling units to be
privately developed/rehabilitated during the next
five (5) years, ten (10) years, and over the life
of the Project Area:
a. Identify the projected number of units to be
developed within the project areas.
b. Identify the projected number of units to be
rehabilitated within the project areas.
c. Of 2a and 2b, identify the proj ected number
of dwelling units that must be made available
to:
i. Very low income households
11. Low income households
iii. Moderate-income households
3. Project the number of dwelling units to be
developed/rehabilitated by the Agency during the
next five (5) years, ten (10) years, and over the
life of the Project Areas:
a. The number of units to be developed wi thin
the project areas.
b. The number of units to be rehabilitated
within the project areas.
c. Of 3a and 3b, . calculate the number of
dwelling units that must be available to:
i. Very low income households
11. Low income households
iii. Moderate-income households
4. Review affordable housing goals, objectives, and
programs contained in the City's Housing Element.
4
2-46
5. Project City/Agency revenues to fund affordable
housing production.
6. Delineate implementation projects/programs and
sites for housing development in sufficient
detail to measure performance, including on an
annual basis, expenditures, and number of units
developed, rehabilitated, destroyed, or assisted.
7. Develop a schedule of actions for implementing
the housing compliance/implementation plan.
VII.
Draft the Implementation Plan (text) and Develop
Implementation Matrix
(Target Completion Date: August 2005)
Draft the Implementation Plan documents and develop
implementation matrixes that link goals, objectives,
projects, and expenditures identifying and
demonstrating how these activities will:
A. Eliminate blight.
B. Implement the housing fund requirements set forth in
CRL Sections 33334.2, 33334.4, 33334.6 and 33413.
VIII.
Adoption of the Implementation Plans
(Target Completion Date: September 2005)
A. Review the draft Implementation Plans with staff, and
prepare final draft incorporating comments received.
B. Attend staff and Agency and/or public forum
meetings/hearings as desired by staff. Meetings in
excess of the two (2) noted would be billed on a
time-and-materials basis outside of the fixed-fee
figure.
C. Consultant shall prepare the public hearing notice
and prepare the necessary staff report and
appropriate resolution. Upon adoption of the
Implementation Plans, Consultant shall provide 10
copies of the finalized document, as well as a copy
on computer disk in Microsoft Word format.
5
2-47
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHULA VISTA MUNICIPAL
CODE SECTION 2.05.010 RELATING TO THE
ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD
THE POSITION OF SENIOR COUNCIL ASSISTANT
WHEREAS, the Human Resources Department has created new classifications to better
reflect the needs of the City's workforce; and
WHEREAS, the Charter Section 500(a) requires that all new unclassified management
level positions be adopted by ordinance and a four-fifths vote of the Council.
NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to
read as follows:
2.05.010
Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section 500 of the
Charter of the City, there are established the unclassified positions entitled Deputy City
Manager, Administrative Services Manager, Deputy Fire Chief, Assistant Fire Chief, Assistant
Chief of Police, Assistant Director of Finance, Assistant Director of Budget and Analysis, Fiscal
Operations Manager, Funds Development Strategic Planning Manager, Purchasing Agent,
Treasury Manager, Assistant Director of Human Resources, Director of Employee Development,
Risk Manager, Assistant Director of Public Works and Operations, Assistant Director of
Building and Housing, Deputy Building Official, Building Services Manager, Building and Park
Construction Manager, Parks and Open Space Manager, Assistant Director of Recreation,
Housing Coordinator, Real Property Manager, Transit Coordinator, Assistant Director of
Community Development, Community Relations Manager, Western Chula Vista Development
Manager, Traffic Engineer, Deputy Director of Engineering, Assistant Library Director, Chief
Learning Officer, Director of Communications, Police Captain, Director of Conservation and
Environmental Services, Deputy Director of Planning, Assistant Director of Planning, Special
Planning Projects Manager, General Plan Project Manager, Chief of Staff, Constituent Services
Manager, Community Liaison (Assigned to the Office of the Mayor and City Council),
California Border Alliance Group Deputy Executive Director, California Border Alliance Group
Budget Manager, California Border Alliance Group Meth. Strike Force Coordinator, California
Border Alliance Group Operations/Intelligence Coordinator, California Border Alliance Group
Program Manager, California Border Alliance Group Program Analyst, California Border
Alliance Group Management Assistant, California, Border Alliance Group Regional Computer
Forensic Laboratory Network Engineer, California Border Alliance Group Executive Assistant,
Energy Services Manager, Communications Manager, Office Specialist (Mayor's Office),
Intergovemmental Affairs Coordinator, Human Resources Operations Manager, Director of
Budget and Analysis, California Border Alliance Group Network Manager, California Border
Alliance Group Network Administrator I, California Border Alliance Group Network
Administrator II, California Border Alliance Group Graphics DesignerlWeb Master, Deputy
Director of General Services, Senior Council Assistant.
SECTION II: This ordinance shall take effect and be in full force thirty days from its adoption.
3-1
Ordinance 3000
Page 2
Submitted by
Approved as to form by
~~~
Edward Van Eenoo
Director of Budget and Analysis
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of April, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
McCann
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA)
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3000 had its first reading at a regular meeting held on the 19th day of April, 2005
and its second reading and adoption at a regular meeting of said City Council held on the 26th
day of April, 2005,
Executed this 26th day of April, 2005.
Susan Bigelow, MMC, City Clerk
3-2