City of Chula Vista Amendment to Agreement No.: 2025-076 Consultant Name: Spicer Consulting Group, LLC
Rev. 03/ 21/ 2024
FIRST AMENDMENT
to Agreement between the
City of Chula Vista
and
Spicer Consulting Group, LLC
For Special Tax Consultant and Other Administrative Services This FIRST AMENDMENT “ Amendment” is enteredinto effective asof June3, 2025 (“Effective Date”) by and between the City of Chula Vista (“ City”) and Spicer Consulting Group, LLC Consultant”) with referenceto the following facts:
RECITALS
WHEREAS, City and Consultant previously enteredinto a Consultant Servicesagreement to provide Special Tax Consultant and Other Administration Services (“ Original Agreement”) on January9, 2024; and
WHEREAS, City and Consultant desire to amend the Agreement to increase the current agreement total from $ 525, 952. 00 to $585, 952. 00 for the 1/9/2024 through 12/ 31/ 2026 three- year- term period asmore specifically set forth below; and
WHEREAS, the Chula Vista Municipal Financing Authority Special Tax Revenue Refunding Bonds Series 2015A, were issued to finance the purchase of four series of special tax refunding bonds, eachissuedby a community facilities district of the City; and WHEREAS, the Chula Vista Municipal Financing Authority Special Tax Revenue Refunding Bonds Series 2015B, were issued to finance the purchase of one reassessment district and four seriesof special tax refunding bonds; and
WHEREAS, all four series of special tax refunding bonds financed under Series 2015A and two series of special tax refunding bonds financed under Series 2015B are now considered good candidatesfor a refunding; and
WHEREAS, the City requires Special Tax Consultant services to be performed in connection with the refunding of the Chula Vista Municipal Financing Authority Special Tax RevenueRefunding Bonds, Series2015A; and the partial refunding of the Chula Vista Municipal Financing Authority Special Tax Revenue Refunding Bonds, Series 2015B; and WHEREAS, the description of the services described above are included within the current scopeof the agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of the parties set forth herein, City and Consultant agree as follows:
1. Exhibit A, entitled Amended and Restated Scope of Work and Payment Terms is hereby attachedhereto and incorporated herein by this reference.
Docusign Envelope ID: 287DD5F2- 8670- 456D- 942A- 4A7F0246B6E3 City of Chula Vista Amendment to Agreement No.: 2025-076 Consultant Name: Spicer Consulting Group, LLC
Rev. 03/ 21/ 2024
2. Except as expressly provided herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.
3. Each party represents that it has full right, power and authority to execute this FIRST Amendment and to perform its obligations hereunder, without the needfor any further action under its governing instruments, and the parties executing this Amendment on the behalf of such party are duly authorized agentswith authority to do so.
Docusign Envelope ID: 287DD5F2- 8670- 456D- 942A- 4A7F0246B6E3 ity of Chula Vista Amendment to Agreement No.: 2025-076 Consultant Name: Spicer Consulting Group, LLC
Rev. 03/ 21/ 2024
SIGNATURE PAGE TO FIRST
AMENDMENT
TO
A CONSULTANT SERVICES AGREEMENT TO PROVIDE SPECIAL TAX
CONSULTANT AND OTHER ADMINISTRATION SERVICES
SPICER CONSULTING GROUP, LLC CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________ Shane Spicer JOHN MCCANN
MANAGING DIRECTOR MAYOR
ATTEST
BY: _________________________________
KERRY K. BIGELOW, MMC
CITY CLERK
APPROVED AS TO FORM
BY: _______________________________
Marco Verdugo
City Attorney
Docusign Envelope ID: 287DD5F2- 8670- 456D- 942A- 4A7F0246B6E3 City of Chula Vista Amendment to Agreement No.: 2025-076 Consultant Name: Spicer Consulting Group, LLC
Rev. 03/ 21/ 2024
EXHIBIT A
AMENDED AND RESTATED
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice A. City Contract Administration:
Patricia Macias
276 Fourth Avenue
Chula Vista, CA 91910
619-407-3565
pmacias@chulavistaca. gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619- 691- 5037
CityAttorney@chulavistaca. gov
B. Contractor/Service Provider Contract Administration:
SPICER CONSULTING GROUP, LLC
41880 Kalmia Street
Suite 145
Murrieta, CA 92562
951- 208- 7870
[email protected]
For Legal Notice Copy to:
Spicer Consulting Group, LLC
41880 Kalmia Street
Suite 145
Murrieta, CA 92562
951- 208- 7870
[email protected]
2. Required Services
A. General Description:
To provide Special Tax Consultant and Other Administration Services including but not limited to: Community Facilities District administration; AssessmentDistrict administration and apportionments; Open Space District administration; delinquency management/monitoring and related services; administration, apportionments and related services for the City’ s Delinquent Trash and Delinquent Sanitation funds; arbitrage Docusign Envelope ID: 287DD5F2- 8670- 456D- 942A- 4A7F0246B6E3 City of Chula Vista Amendment to Agreement No.: 2025-076 Consultant Name: Spicer Consulting Group, LLC
Rev. 03/ 21/ 2024
calculations and continuing disclosure for the City’s bondeddebt; and continuing disclosure for the Bayfront Project Special Tax Financing District.
B. Detailed Description:
Scope of Work
AssessmentDistricts ( ADs):
Apportion of tax lien for each parcel within the assessment district according to the method of spreadin the Engineer’s Report;
Attend City Council meetings with AD- related items;
Provide assessmentinstallment information for eachparcel for submittal in a timely manner to the County of San Diego for placement on the property tax roll. The information shall be submitted on the media, format, and configuration specified by the County; Research and resubmit entries rejected by the County on behalf of the City; Provide staffing and contact information to field inquiries concerning AssessmentDistrict administration, assessments, payoff calculation, and other information regarding district proceedingsand annual installments for property owners, title companiesand other interested parties;
Preparean annual levy report summarizing the information usedto calculate the annual installment amount for the district, including a list of all Assessor Parcel Numbers; Prepareand record the amendedassessmentdiagrams that result from lot splits or subdivision; Provide support to City staff in researching current and historical tax roll information, ownership, payoff calculation, delinquency notices and delinquent statusfrom the County tax system;
Preparecontinuing disclosure reports and event notices for City staff review, asrequired by district disclosure agreements and SEC Rule 15c2- 12, and disseminate approved documents to the Electronic Municipal Market Access (EMMA);
Provide support to City staff to maintain compliance with the requirements of State of California Revenueand Taxation Code 163;
Perform required bond call spreads in accordance with applicable state laws and coordinate the early redemption of outstanding bonds asneeded;
Provide certification related to specific escrow release tests on as needed basis; Assist City staff in delinquency managementby closely monitoring outstanding district delinquencies, and provide periodic reports to the City presenting aging and current statuses of all delinquent installments;
Provide Arbitrage Calculations at least every five years for each bond issue as well as a final computation on the date on which the last maturity of a bond issueis retired; Provide Asset Management Services including the ability to estimate future capital asset replacement, asrequired by staff;
Assist City with new Assessment District formations; and All other special projects asdeemednecessary, including but not limited to refunding analysis.
Community Facilities Districts ( CFDs) – Bonded:
Review the special tax schedules prepared by the City and ensure that all debt service and administrative expensesare recoveredthrough the annual special tax levies; Calculate the annual special tax levy for each parcel within the CFD following the guidelines establishedin the Rate and Method of Apportionment of Special Tax; Docusign Envelope ID: 287DD5F2- 8670- 456D- 942A- 4A7F0246B6E3 City of Chula Vista Amendment to Agreement No.: 2025-076 Consultant Name: Spicer Consulting Group, LLC
Rev. 03/ 21/ 2024
Attend City Council meetings with CFD-related items;
Preparecomprehensivespecial tax installment information for eachparcel for submittal in a timely manner to the County of San Diego for placement on the property tax roll. This information shall be submitted on the media, format, and configuration specified by the County;
Researchand resubmit entries rejected by the County on behalf of the City; Provide staffing and contact information to field inquiries concerning CFD administration, annual special taxes, payoff calculation, and other information regarding district proceedings and annual installments for property owners, title companies and other interested parties; Preparean annual levy report summarizing the information usedto calculate the annual installment amount for the districts, including a list of all Assessor Parcel Numbers; Assist City staff with proper disclosure of special tax information for prospective property purchases as required by Sections 53340. 2(b) and 53341. 5 of the State of California Government Code;
Prepare continuing disclosure reports and event notices for City staff review, as required by district disclosure agreementsand SEC Rule 15c2-12, and disseminateapproved documentsto the Electronic Municipal Market Access ( EMMA);
Perform tasksassociatedwith CFD administration, including but not limited to bond call coordination, release of lien, delinquency reporting, foreclosure coordination, and annexation; Assist City staff in providing information to bond rating agencieswhen needed; Assist in maintaining current and future CFD law and regulation compliance and notify City staff of any pertinent changesin CFD law and regulations; Provide certification related to specific escrow release tests on as needed basis; Assist City staff in delinquency managementby closely monitoring outstanding district delinquencies, and provide periodic reports to the City presenting aging and current statuses of all delinquent installments;
Provide Arbitrage Calculations at least every five years for each bond issue as well as a final computation on the date on which the last maturity of a bond issueis retired; Provide Asset Management Services including the ability to estimate future capital asset replacement, asrequestedby staff;
All other special projects as deemed necessary, including but not limited to new district formation, tax rate projection, and refunding analysis.
Community Facilities Districts ( CFDs) – Maintenance (Non-Bonded) Calculate the annual special tax levy for each parcel within the CFD following the guidelines establishedin the Rate and Method of Apportionment of Special Tax; Attend City Council meetings with CFD- related items;
Preparecomprehensivespecial tax installment information for eachparcel for submittal in a timely manner to the County of San Diego for placement on the property tax roll. The information shall be submitted on the media, format, and configuration specified by the County;
Researchand resubmit entries rejected by the County on behalf of the City; Provide staffing and contact information to field inquiries concerning CFD administration, Annual special taxes, and other information regarding district proceedingsand annual installments for property owners, title companies and other interested parties; Preparean annual levy report summarizing the information usedto calculate the annual Docusign Envelope ID: 287DD5F2- 8670- 456D- 942A- 4A7F0246B6E3 City of Chula Vista Amendment to Agreement No.: 2025-076 Consultant Name: Spicer Consulting Group, LLC
Rev. 03/ 21/ 2024
Installment amount for the districts, including a list of all AssessorParcel Numbers; Assist City staff with proper disclosure of assessmentinformation for prospective property purchases as required by Sections 53340. 2(b) and 53341. 5 of the State of California Government Code;
Provide annexation services to all subject developments, boundary map recordation, Annexation proceedings, such aspublic hearing and owner election, and Preparationof rates and Method of Apportionment for annexations, data collection, etc.; Administration and assistancewith compliance requirements; Provide Asset Management Services including the ability to estimate future capital asset replacement, asrequestedby staff;
Assist City with new District formations; and
All other special projects asdeemednecessary, including but not limited to revenueprojection and cash flow forecast.
Open Space Maintenance Districts ( OSDs)
Obtain thorough understandingof the City’s OSD establishment, their boundaries, Parcelsand particularities;
Review all documentation, databases, and budgetsprior to preparing levy analysis, in order to ensure total and complete equity of assessments within each district; Preparecomplete documentation for annual assessment, including Engineer’s Reports and maps;
Attend City Council meetings with OSD-related items;
Provide comprehensive assessment installment information for each parcel and submit in a timely manner to the County of SanDiego for placement on the property tax roll. The information shall be submitted on the media, format and configuration specified by the County;
Research and resubmit entries rejected by the County on behalf of the City; Provide staffing and contact information to field inquiries concerning OSD administration, Annual assessments, and other information regarding district proceedings and annual installments for property owners, title companiesand other interestedparties; Prepare an annual levy report summarizing the information used to calculate the annual Installment amount for the districts, including a list of all AssessorParcel Numbers; Provide Asset Management Services including the ability to estimate future capital asset replacement, asrequestedby staff, and
Complete all reports on OSD required by the state and federal agencies.
Montgomery Sewer District
Obtain thorough understandingof the Montgomery Sewer District, its boundaries, Parcels, and particularities of the district;
Review all documentation, databases, and budgetsprior to preparing levy analysis, in order to ensure total and complete equity of assessments the district; Work with water agenciesand download data from them to determine usage; Update sewer and meter rate tables with rate updates from the prior year; Match new accountsto APNs (usually around 2 dozen new accounts/per year); Run initial assessment, and research zero ($ 0) assessment parcels; Provide database/workbook to City Finance Staff to perform secondlevy check; Docusign Envelope ID: 287DD5F2- 8670- 456D- 942A- 4A7F0246B6E3 City of Chula Vista Amendment to Agreement No.: 2025-076 Consultant Name: Spicer Consulting Group, LLC
Rev. 03/ 21/ 2024
Attend City Council meetings with Montgomery Sewer-related items; Provide comprehensiveassessmentinstallment information for eachparcel and submit in a Timely manner to the County of San Diego for placement on the property tax roll. The information shall be submitted on the media, format and configuration specified by the County;
Researchand resubmit entries rejected by the County on behalf of the City; Provide staffing and contact information to field inquiries concerning the district administration, annual assessments, and other information regarding district proceedingsand annual installments for property owners, title companies and other interested parties; Preparean annual levy report summarizing the information usedto calculate the annual Installment amount for the districts, including a list of all Assessor Parcel Numbers; and Complete all reports on the district required by the stateand federal agencies.
Delinquent Solid Waste Fund (Delinquent Trash Fund)
Establish lines of communication and gain understanding of the specific goals, components and criteria to meet the City’s, Program’s and Delinquent Trash fund’s needs; Review all documentation, databases, and budgets prior to preparing levy analysis, in order to ensuretotal and complete equity of assessmentsin the Delinquent Trash fund; Maintain a comprehensive database of the Delinquent Tash fund and Parcel information in a form such that the annual levy submission to San Diego County will meet the guidelines as outlined in the County’ s fixed charge submission packet; Attend City Council meetings with Delinquent Trash-related items; Provide comprehensive assessment installment information for each parcel and submit in a timely manner to the County of SanDiego for placement on the property tax roll; Maintain all data related to individual parcels, such as assessment information, regularly updateddelinquency history, current property ownership information, contact information, assessedvaluation information;
Determine the levy requirementsfor eachfiscal year;
Prepare the annual levy for the program in a format and media acceptable for the County of SanDiego prior to the requesteddeadline;
Perform adjustments and corrections to the levies as necessary, even after the deadline to submit in order to rectify any issues;
Maintain current Assessor’s parcel maps, updating at least annually and prior to the current year’s levy;
Research exceptions lists from the County, update parcel number changes in the database and calculate benefit assessmentareaaswell asreporting the revised parcels and levy amountsto City staff;
Prepareadditionally required correspondencesrelating to the submittal, correction, removal of levy to the County tax roll;
Provide City with hard copy and electronic copy of the Annual Levy Report, containing information used to calculate the annual installment amount for each parcel as well as the summary of the total annual levy amount; if applicable
Complete all reports on the Delinquent Trash fund required by the state and federal agencies; Serveasinitial and primary point of contact for property owners, title companiesand other interested parties regarding the Delinquent Trash fund and annual installments.
Docusign Envelope ID: 287DD5F2- 8670- 456D- 942A- 4A7F0246B6E3 City of Chula Vista Amendment to Agreement No.: 2025-076 Consultant Name: Spicer Consulting Group, LLC
Rev. 03/ 21/ 2024
Delinquent Sanitation Fund (Delinquent Sewer Fund)
Establish lines of communication and gain understandingof the specific goals, components and criteria to meet the City’ s needs, and the Program’ s and Special District’ s needs; Review all documentation, databases, and budgetsprior to preparing levy analysis, in order to ensure total and complete equity of assessments in the Delinquent Sewer fund; Maintain a comprehensivedatabaseof the District and Parcel information in a form such that the annual levy submission to San Diego County will meet the guidelines as outlined in the County’s fixed chargesubmission packet;
Attend City Council meetings with Delinquent Sanitation- related items; Provide comprehensiveassessmentinstallment information for eachparcel and submit in a timely manner to the County of San Diego for placement on the property tax roll; Maintain all data related to individual parcels, such asassessmentinformation, regularly updated delinquency history, current property ownership information, contact information, assessedvaluation information;
Determine the levy requirements for each fiscal year;
Preparethe annual levy for the program in a format and media acceptablefor the County of San Diego prior to the requested deadline;
Perform adjustmentsand corrections to the levies asnecessary, even after the deadline to submit in order to rectify any issues;
Maintain current Assessor’s parcel maps, updating at least annually and prior to the current year’s levy;
Researchexceptions lists from the County, updateparcel number changesin the databaseand calculate benefit assessment area as well as reporting the revised parcels and levy amounts to City staff;
Prepare additionally required correspondences relating to the submittal, correction, removal of levy to the County tax roll;
Provide the City with hard copy and electronic copy of the Annual Report, containing information usedto calculate the annual installment amount for eachparcel aswell asthe summary of the total annual levy amount; if applicable; Complete all reports on the Delinquent Sewer fund required by the stateand federal agencies; Serve as the initial and primary point of contact for property owners, title companies and other interestedparties regarding the Delinquent Sewer fund and annual installments.
Non-Land BasedBonds
Prepare continuing disclosure reports and event notices for City staff review, as required by the bond indenture and SEC Rule 15c2-12., and disseminateapproved documentsto the Electronic Municipal Market Access ( EMMA);
Provide Arbitrage Calculations at least every five yearsfor eachbond issueaswell as a final computation on the date on which the last maturity of a bond issue is retired.
Bayfront Project Special Tax Financing District
Preparecontinuing disclosure reports, asrequired by StateBill 165 and Assembly Bill 2109; Administration and assistance with compliance requirements as needed.
Docusign Envelope ID: 287DD5F2- 8670- 456D- 942A- 4A7F0246B6E3 City of Chula Vista Amendment to Agreement No.: 2025-076 Consultant Name: Spicer Consulting Group, LLC
Rev. 03/ 21/ 2024
3. Term: In accordancewith Section 1.10 of this Agreement, the term of this Agreement shall begin January9, 2024 and end on December31, 2026 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
Single Fixed Fee. For performance of all of the required services by consultant as herein required, City shall pay a single fixed fee per service upon completion of all required services to the City' s satisfaction, as identified in Exhibit D attached and incorporated into the Original Agreement.
B. Reimbursementof Costs
None, the compensation includes all costs
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through December 31, 2026 shall not exceed $ 585, 952. 00.
5. Special Provisions:
Options to Extend: Notwithstanding the completion date set forth in section 3 above, City has option to extend this Agreement for up to two ( 2) additional one- year terms, or January 1, 2027 through December 31, 2027 and January 1, 2028 through December 31, 2028. The Director of Finance/Treasurershall be authorized to exercisethe extensionson behalf of the City. If the City exercisesan option to extend, eachextension shall be on the sameterms and conditions contained herein and at the amounts identified in Exhibit D of the Original Agreement for each extension term, i.e. $186,796 for the 2027 extension term and $189,941 for the 2028 extension term. The City shall give written notice to consultant of the City' s election to exercise each extension via the Notice of Exercise of Option to Extend document.
If the City exercisesall additional options to extendthe Original Agreement, the maximum amount to be paid to the Consultant for services provided through December 21, 2028, inclusive of the initial term and both optional extension terms, shall not exceed $962,689.00.
Docusign Envelope ID: 287DD5F2- 8670- 456D- 942A- 4A7F0246B6E3