HomeMy WebLinkAbout2016/12/13 Agenda Packet 5 pm JI,
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CITY O
CHULA VISTA
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Mary Casilllas Salas, Mayer
Patricia Aguilar, Councilmember Cary Halbert, City Mlanager
Pamela Benseussan, Councilmember Glen R. Googiins, City attorney
,John McCann, Councilmember Gonna R. Norris, City Clerk
Steve Miesen, Councilmember
Tuesday, December 13, 201 00 PM Council Chambers
276 4th Avenue, Building A
Chula vista, CA 91910
REGULAR MEETING OF THE CITE' COUNCIL
CALL 'TO E
ROLL CALL:
Councilmembers Aguilar, Bensoussan, McCann, Miesen and Mayor Casillas salas
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
CONSENT CALENDAR (11terns 1 - 6)
The Council will enact the Consent Calendar staff recommendations by one motion, without
discussion, unless a Councilmember, a member of the public, or staff requests that an item
be removed for discussion. if you wish to speak on one of these items, ,please fill out a
"Request to spear" form "available in the lobby, and submit it to the City Clem prior to the
meeting. Items pulled from the Consent Calendar will be discussed immediately following
the Consent Calendar.
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2016-12-13 Agenda.Packet Page 1
City Council Agenda December 13,2016
1. 616-0593 ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHULA VISTA MUNICIPAL CODE CHAPTER 2.61 -
"MEASURE P„ CITIZENS' OVERSIGHT COMMITTEE
(SECOND READING AND ADOPTION)
Department: City Attorney
Environmental Notice: The activity is not a "Project as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
Staff Recommendation: Council adopt the ordinance.
2. 16-0590 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION .o .030
RELATING TO THE CONFLICT OF INTEREST CODE OF
THE CITY OF CHULA VISTA (SECOND, READING AND
ADOPTION)
Department: City Attorney & City Clerk
Environmental Notice: The activity is, not a "Project" as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
Staff Recommendation: Council adopt the ordinance.
3. 16-0591 ORDINANCE OF THE CITY OF CHULA VISTA
APPROVING AMENDMENTS TO THE OTAY RANCH
VILLAGE 3NORTH AND A PORTION OF VILLAGE 4
SECTIONAL PLANNING AREA (VILLAGE 3SPA) PLA 'S.
PLANNED COMMUNITY DISTRICT REGULATIONS TO
MODIFY ZONING, CLARIFY DEVELOPMENT
STANDARDS, REVISE REQUIREMENTS, AND ADD
PERFORMANCE STANDARDS IN COMPLIANCE WITH
THE AMENDED SPA PLAN FOR VILLAGE 3 (SECOND
READING AND ADOPTION)
Department: Development Services Department
Environmental Notice: The Project was adequately covered in previously adopted Final
Environmental impact Report for the Otay Ranch University Villages
Project - (FEIR 13-01) (SCM #2013071077'), and only minor technical
changes were required; therefore Addendum (per16-0001) has, been
prepared.
Staff Recommendation: Council adopt the ordinance.
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City Council Agenda December 13,2016
4. 616-0592 ORDINANCE OF THE CITY OF CHULA VISTA
APPROVING AMENDMENTS TO THE EASTERN URBAN
CENTER SECTIONAL PLANNING AREA (SPA) PLAN TO
CHANGE THE BUILDING HEIGHT REQUIREMENTS
WITHIN A PORTION OF DISTRICT 1 (MPA16-0003)
(SECOND READING AND ADOPTION)
Department: Development Services Department
Environmental Notice: The Director of Development Services Inds Ireviewed the proposed
project for compliance with the California Environmental Quality Act
(CEQA), and has determined that the proposed project was,
adequately covered in previously adopted Final Second 'Tier
Environmental Impact Report HEIR-off"-01 thus, no further
environmental review is required.
Staff Recommendation: Council adopt the ordinance.
5. 16-0470 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RECITING THE FACT OF THE SPECIAL
MUNICIPAL ELECTION HELD IN THIS CITY ON
NOVEMBER 8� 2016, DECLARING THE RESULTS
THEREOF, AND, OTHER MATTERS AS ARE PROVIDED
BY LAW
Department: City Clerk
Environmental Notice: The activity is, not a "Project" as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
Staff Recommendation: Council adopt the resolution.
6. 16-0497 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TWO-YEAR PURCHASE
AGREEMENT BETWEEN THE CITY AND BAKER &
TAYLOR, LLC. WITH SIX ONE-YEAR OPTIONS TO
RENEW FOR THE PURCHASE OF LIBRARY BOOKS AND
AUDIO-VISUAL MATERIALS
Department: Library Department
Environmental Notice: The activity is, not a "Project's as defined under Section 15378 of the
California Environmental Quality Act State Gulidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
Staff Recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
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City Council Agenda December 13,2016
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject matter
within the Council's jurisdiction that is not listed as an item on the agenda. State law
generally prohibits the Council from discussing or taking action on any issue not included
on the agenda, but, if appropriate, the Council may schedule the topic for future discussion
or refer the matter to staff Comments are limited to three minutes.
CITY MANAGER'S REPORTS
MAYOR'S REPORTS
7. *16-0569 COMMENTS BY AND BIDDING FAREWELL TO RETIRING
COUNCILMEMBERS, PAMELA BEN�SOUSSAN AND STEVE,
MIESEN
COUNCILLM EMBERS' COMMENTS
ADJOURNMENT
to the Special City Council Meeting on December 13, 2016, at 6..00 pm., in the Council
Chambers.
Materials provided to the City Council related to any open-session item on this agenda are available
for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building A,
during normal business hours.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access, attend,
andlor participate in a City meeting, activity, or service, contact the City Clerk's Office at(619)
691-5041 Cal forma Relay Service is available for the hearing impaired by dialing 77 7) at least
forty-eight hours in advance of the meeting.
Most Chula Vista City Council meetings, including public comments, are video recorded and aired live
on AT&T U-verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista),
and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m,.
(both channels) and are archived on the City's website.
Sign up at www.ch,ulavistaca.gov to receive email notifications when City Council agendas are
published online.
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2016-12-13 Agenda Packet Page 4
City Council Agenda December 13,2016
NOTICE OF REVIEW AND PENDING APPROVAL OF FINAL MAPS
In accordance with California Government Code Section 66458(d), notice is hereby given that the City Engineer
has reviewed and, immediately following this City Council meeting of December 13, 2016, will approve the
following final maps.-
Chula Vista Tract No. 13-01, 386 Date Street, for the property located at 3,86 Date Street.
Chula Vista Tract No. 12-05, Otay Ranch Village 2 South Neighborhood R-20, 68 single family units located on
12.690 acres South of Santa Victoria Road, east of Heritage Road and west of La Media Road Road.
Chula Vista Tract No. 12-05, Otay Ranch Village 2 South Neighborhood R-19B, 26 single family units located on
3.622 acres South of Santa Victoria Road, east of Heritage Road and west of La Media Road Road.
Chula Vista Tract No. 12-05, Otay Ranch Village 2 South Neighborhood R-23, 93,single family units located on
15.651 acres South of Santa Victoria Road, east of Heritage Road and west of La Media Road Road.
Chula Vista Tract No. 16-0005, Otay Ranch Village 2 South Neighborhood R-1 7B(b), 78 Multifamily units located
on 4.719 acres South of Santa Victoria Road, east of Heritage Road and west of La Media Road Road.
Chula Vista Tract No. 15-00,07, Otay Ranch Planning Area 12, 292 Multifamily units located on 36.194 acres
South of Olympic Parkway, east of SR125 and west of Eastlake Parkway.
Chula Vista Tract No. 15-02, Villa Del Oro, 80 Multifamily units located on 2.482 acres South of Arizona Street,
West of Broadway North of Moss Street.
Specifically, the City Engineer has caused the maps to be examined and has made the following findings:
(1) The maps substantially conform to the approved tentative maps, and any approved alterations thereof and
any conditions of approval imposed with said tentative maps.
(2) The maps comply with the provisions of the Subdivision Map Act and any local ordinances applicable at the
time of approval of the tentative maps.
(3) The maps are technically correct.
Said maps will be finalized and recorded, unless an interested party files a valid appeal of the City ,Engineer's
action to City Council no later than 2-00 p.m., 10 calendar days from the date of this City Council meeting. A valid
appeal must identify the improper/incorrect finding and the basis for such conclusion.
If you have any questions about the map approval findings or need additional information about the maps or your
appeal rights,please feel free to contact Tom Adler at(61 g)409-5483.
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City of Chula Vista
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CHULAVISTA
Staff Report
ile#: 16-0593, Item#: 1.
ORDINANCE of THE CITY of CHULA VISTA ADDING c ULA► VISTA MUNICIPAL CODE
CHAPTER 2.61 - "MEASURE " CITIZENS' OVERSIGHT COMMITTEE (SECOND READING AND
ADOPTION)
RECOMMENDED ACTION
Council adopt the ordinance.
Environmental Notice
The activity is not a "Project"' as defined under section 15378 of the California Environmental Quality
it
Act state Guidelines- therefore, pursuant to state guidelines section 15060(c)(3) no environments
review is required.
DISCUSSION
The ordinance presented on second reading includes amenld runts, as directed by the city Council at
its meeting of December 6, 2016, and minor technical corrections.
Also attached are a redline/mark-ups version of the ordinance showing the revisions from the first
reading (Attachment 1) and the original staff report from the agenda of December 6, 2016 with
additional details regarding the item (Attachment .
ATTACHMENTS
1. Revised ordinance showing changes in redline/mark-up format
. December 6, 2016 staff report
Staff Contact. Jill D.S. l ''"{ala d, Assistant City Attome r
City of Chula Vista Page 1 of 1 (Printed on 12/8/20118
P;oweredII°)y L..e(;
SECOND READINGAND ADOPTION
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CRUD VISTA MUNICIPAL CODE CHAPTER 2.61
"'MEASURE P" CITIZENS' OVERSIGHT COMMITTEE
WHEREAS, on November 8, 2016, the City of Chula Vista submitted to the voters a
measure to approve an ordinance enacting a one-half cent sales tax, for 10 years, including
provisions for citizens' oversight, separate accounting, and independent audits ("Measure P");
and
WHEREAS, the voters approved the passage of Measure P, thereby adopting Ordinance
No. 3371 ("Ordinance 3371"), enacting the sales tax and requiring the implementation, of the
oversight, accounting and audit provisions; and
WHEREAS, Ordinance 3371 specifically required the establishment of a Citizens'
Oversight Committee ("COC"), by ordinance, no later than December 31,, 2016; and
WHEREAS, Ordinance 3371 provided that the COC would function to review and report
on City compliance with the terms of Ordinance 3371 as follows: (i)public, review and comment
on each year's Finance Department Report, Measure P Spending Plan, and Auditor Report; (ii.)
preparation of an annual report regarding same for presentation to the City Council ata public
meeting; and (iii) working with City staff to identify and apply "best practices" for tracking and
reporting on Measure P revenues and expenditures relative to other City revenues and
expenditures; and
WHEREAS, Ordinance 3371 also set forth the following requirements for the COC
members.- (i) current elected City officials and employees are disqualified from membership; (ii)
the members are to be appointed by the City Council in accordance with existing City policies
and will include individuals with a range of expertise, including accounting, finance, and
engineering; and (iii) they shall conduct the meetings in accordance with the Ralph M. Brown
Act; and
WHEREAS, in accordance with Measure P and Ordinance 3371 (codified as Chula Vista
Municipal Code Chapter 3.33), City staff has prepared a draft ordinance to add Chapter 2.61, to
the Chula Vista Municipal Code, establishing rules and procedures for the Citizens' Oversight
Committee.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section. I. That Chapter 2.61 is hereby added to the Chula Vista Municipal Code, to
read as follows:
2016-12-13 Agenda Packet Page 7
Ordinance No.
Page No. 2
Chapter 2.61
"MEASURE P" CITIZENS" OVER S IGHT' COMM ITTEE
Sections:
2.61.010 Creation.
2. 1.020 Function.
2.61.030 Specific Duties.
2. 1.040 Limits on Authority
2.61.050 Composition; Qualifications; Nomination.
2. 1.060 City Council Appointment.
2. 1.070 Terms; Vacancies.
2.61.080 Meeting Schedule.
2. 1..090 Operating Rules and Procedures
2. 1.100 Staff Support.
2. 1.1.10 Dissolution date.
2.61.010 Creation.
There is hereby created the "Measure P Citizens' Oversight Committee" (the "COC")�. The COC
is created for the purpose of implementing Section 3.33.160.1) of Measure P. Measure P is a
temporary one-half cent sales tax measure approved by the voters on November 8, 2016.
Measure P is codified as CVMC Chapter 3.33. To the extent of any inconsistency between this
ordinance and Measure P, the terms of Measure P shall govern.
2.61.020 Function.
The function of the COC is to review and report on City compliance with the provisions of
Measure P, particularly with respect to the City's accounting and expenditure of Measure P
revenues.
2. 1.030 Specific Duties.
The specific duties of the COC are as follows:
A. Review and comment on each year's: (1) "Finance Department Report" as defined in
CVMC Section 3.33.160.A); (2) "Measure P Spending Plan" as defined in CVMC Section
3.33.160.B); and (3) Auditor Report as defined in CVMC Section 3.33.160.C).
B. Prepare an annual report regarding subsection A., above, for presentation to the City
Council at a public meeting.
C. Work with City staff to identify and apply "best practices" for tracking and reporting on,
Measure P revenues and expenditures relative to other City revenues and expenditures.
2016-12-13 Agenda Packet Page
Ordinance No.
Page No. 3
2. 1.040 Limits on Authority.
Per Charter Section 600, the COC shall have no authority to direct the conduct of any
department. The COC is advisory in nature, and as such shall have no authority to approve,
disapprove or prevent any City action.
2. 1.050 Composition; Qualifications- Nomination.
A. Members. The COC shall be compromised of sixteen (1 6) members, each with equal
rights and standing to act and vote on COC matters.
B. Qual,ifications Applicable to All Members. Per Charter Section 602(d), all COC
members must be "qualified electors" of the City. A "qualified elector" of the City is a City
resident that is qualified and registered to vote as a City resident. COC members must be
44qualified electors" at the time they apply and must maintain such status throughout their tenure.
No CO�C member may be a current City employee or current elected City official per the
requirements of Measure P (CCVMCC Section 3.33.160(D) .
C. Desi hated Members. Eleven of the total sixteen (16) COC members shall be nominated,
apply and serve as "designated members." "Designated members" shall be nominated, one each,
by the following nominating authorities (each a "Nominating Authority, collectively the
"Nominating Authorities"), subject to the additional membership qualifications, if any, specified
for each:
(1) Chula Vista Chamber of Commerce; nominee(s) must have expertise and
experience in at least one of the following areas: accounting, finance engineering, or a related
discipline (including construction);
(2) San Diego County Taxpayers Association; nominee(s) must have expertise and
experience in at least one of the following areas: accounting, finance engineering, or a related
discipline (including construction);
(3) Chula Vista Youth Sports Council; nominee(s) must be a Youth Sports Council.
Board Member;
(4) Chula Vista Parks and Recreation Commission; nominee(s) must be from this
commission;
(5) Chula Vista Growth Management Oversight Commission; nominee(s) must be from
this commission;
(6) Sustainability Commission (formerly known as the Resource Conservation
Commission); nominee(s) must be from this commission;
(7) Chula Vista Director of Public Works; nominee(s) must have expertise and
experience in engineering or a related discipline (including construction);
(8) San Diego and Imperial Counties Labor Council;
2016-12-13 Agenda Packet Page 9
Ordinance No.
Page No. 4
(9) Alliance of Californians for Community Empowerment, San Diego branch,.
(1,0) Chula"Nista Fire Chief; and
(11) Chula Vista Police Chief
Designated members shall be selected for nomination by the Nominating Authorities in
accordance witp�policies an procedures that each Nominating Authority establishes for itself
Up to three nominees may be presented for City Council consideration in accordance with the
appointment process set forth in Section 2. 1. .A, below. If any of the listed. Nominating
Authorities decline to exercise their nominating authority in a timely fashion, or if any ceases to
function or exist, that party's nominating authority shall pass to a substantially similar
organization selected by the City Council..
D. At-Large Members. Five of the total sixteen (16) COC members shall apply and serve as
representatives of the City "at-Large," "At-large members" shall be comprised of one resident
from each of the four City Council districts, and one member who may be a resident of any one
of the four districts. Each must maintain his/her district residency throughout his/her tenure. For
at-large members, expertise and experience in, accounting, finance, engineering, or a related
discipline (including construction), is desirable, but is not required. At-large members shall apply
to and be appointed by the City Council in accordance with the process set forth in Section
2.61.060.B, below. If re-districting occurs such that one or more at- Large member no longer
qualifies for his/her assigned district, he/she shall nonetheless be entitled to serve out the
remainder of his/leer terra., with a qualified replacement to be appointed and seated for the
succeeding term.
2. 1.060 City Council Appointment.
A. Desi hated Members. Designated members shall be appointed by the City Council as
follows. Nominating Authorities shall submit the names and contact information for their
nominee(s) ("Designated Nominees") to the City Clerk on: a form prescribed by the City Clerk.
The City Clerk shall provide the Designated Nominees with instructions to complete and submit
applications to the City Clerk within a specified time period. Completed applications timely
received by the City Clerk shall be forwarded to the City Council. The City Council shall.
consider all applications received from the City Clerk and provide each nominated applicant an.
opportunity for an interview at a publicly noticed meeting. If a Nominating Authority presents
the City Council with two or three nominees for consideration, and those nominees properly
apply, the City Council shall make its appointment by choosing among the two or three
nominees presented. if a Nominating Authority presents the City Council with only one
nominee, the City Council may reject such nomination by majority vote and request an
alternative submittal. Once rejected, a nominee may not be re-submitted for the term at issue,
but may be submitted for consideration for future terms..
B. At-lar e Members. At-large members shall be appointed in accordance with the
procedures set forth in CVMC Section 2.53
C. Administration. The e City Clerk shall a administer the e appointment process set forth above,
including the development and publication of all necessary forms. The City Clerk shall have the
2016-12-13 Agenda Packet Page 10
Ordinance No.
Page No. 5
authority to develop additional administrative policies and procedures to the extent necessary to
implement the terms of this Chapter.
2. 1.070 Terms.
A. In General. Terms for COC members shall be four years, with a maximum tenure of two
consecutive four-year terms. The initial COC members shall, be appointed by no later than April
11 2017. Initial terms shall commence upon assumption of office and shall expire on June 30,
2021.
B. Special, Rules for Designated Members. Special. rules shall, apply to COC members that
are nominated and qualified through their membership on the board of their Nominating
Authority. For such members (hereafter, "Board Qualified COC Members"'), if the underlying
term on the board for their Nominating Authority expires, they may, nonetheless, continue to
serve on the COC until the end of their COC term, provided that they receive the approval of
their Nominating Authority board to do so. Otherwise, Board Qualified COC Member terms
shall be co-terminus with their terms on their underlying Nominating Authority boards. The
Nominating Authority shall notify the City Clerk in writing prior to the end of the Board
Qualified COC Member's term. if the Nominating Authority does not authorize their seated
member to continue and desires to submit a new nominee or nominees for consideration.
2.61.080 Meeting Schedule.
In accordance with CVMC Section 2.25.200, the COC shall set the date, time and location of its
regular meetings by written resolution and may change its regular meeting day, time or location
by written resolution. The COC shall meet as often as necessary to accomplish the objectives of
Chapter 3.33 and this Chapter. It is estimated that the COC will need to meet a minimum of four
times per year to fulfill its assigned duties.
2.61.090 Operating Rules and Procedures.
Except as expressly provided herein, or as otherwise necessary to implement this Chapter or the
requirements of Measure P, the rules governing City boards and commissions generally, as set
forth in CVM C Chapter 2.25, shall govern the COC. The COC shall also operate in accordance
with the Ralph M. Brown Act; this includes requirements that meetings be noticed in advance
and be held in public. The COC may also adopt additional rules and procedures in the form of
bylaws as provided in ."VMC Section 2.25.179. Any such bylaws must be consistent with terms
of this Chapter and all. other applicable laws.
2. 1.100 Staff Support.
The City Manager, and/or his/her designee(s), shall serve as the City staff liaison to the COC and
shall provide it with administrative support, including designation of a COC staff secretary. The
City Attorney, and/or his/her designee(s), shall provide the COC with legal counsel and support.
2. 1.1.10 Dissolution Date.
The COC shall automatically dissolve at such time that all Measure P revenues have been
collected, expended and accounted for, and that the COC shall have fulfilled all of its
2016-12-13 Agenda Packet Page 11
Ordinance No.
Page No. 6
responsibilities with respect thereto. With the Measure P tax expiring on March 31, 2027, it is
currently estimated that the COC dissolution shall occur on or about December 31, 2028.
Section IL Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council, of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section 111. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
contradict, the City Charter, and applicable state and federal law. This Ordinance shall be
construed in fight of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shallcause
the same to be published or posted according to law.
Presented by Approved as to form by
Gary Halbert, Glen R. Goo ins,
City Manager City Attorney
2016-12-13 Agenda Packet Page 12
ORDINANCE NO.
ORDINANCE OF TME CITY OF CHULA VISTA ADDING
CI- ULA VISTA MUNICIPAL CODE CHAPTER 2.61
"MEASURE P" CITIZENS' OVERSIGHT COMMITTEE
TIEEAS, on November 81 20161 the City of Chula Vista submitted to the voters a
measure to approve an ordinance enacting a one-half cent sales tax, for 10 years, including
provisions for citizens' oversight, separate accounting, and independent audits ("Measure P");
and
WHEREAS, the voters approved the passage of Measure P, thereby adopting Ordinance
No. 3371 ("Ordinance 3371"), enacting the sales tax and requiring the implementation of the
oversight, accounting and audit provisions-, and
WHEREAS, Ordinance 3371 specifically required the establishment of a Citizens'
Oversight Committee ("CO�C"), by ordinance, no later than December 31, 2016; and
WHEREAS,, Ordinance 3371 provided that the COC would function to review and report
on City compliance with the terms of Ordinance 3371 as follows.- (i)public review and comment
on each year's Finance Department Report, Measure P Spending Plan, and Auditor Report; (ii)
preparation of an annual report regarding same for presentation to the City Council at a public
meeting; and (iii) working with City staff to identify and apply "best practices" for tracking and
reporting on Measure P revenues and expenditures relative to other City revenues and
expenditures; and
WHEREAS,, Ordinance 3371 also set forth the following requirements for the COC
members.- (i) current elected City officials and employees, are disqualified from membership; (ii)
the members are to be appointed by the City Council in accordance with existing City policies
and will, include individuals with a range of expertise, including accounting, finance, and
engineering; and (iii) they shall conduct the meetings in accordance with the Ralph M. Brown
Act; and
WHEREASI in accordance with Measure P and Ordinance 3371 (codified as Chula Vista
Municipal Code Chapter 3.33), City staff has prepared a draft ordinance to add Chapter 2.61 to
the Chula Vista Municipal Code, establishing rules and procedures for the Citizens' Oversight
Committee.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section L That Chapter 2.61 is hereby added to the Chula Vista Municipal Code, to
read as follows:
2016-12-13 Agenda Packet Page 13
Ordinance Na.
Page Na. 2
Chapter 2.61
"MEASURE P" CITIZENS" OVERSIGHT COMMITTEE
Sections:
2. 1.010 Creation.
2. 1.020 Function.
2. 1.030 Specific Duties.
2.6 1.040 Limits on Authority
2. 1.050 Composition; Qualifications; Nomination.
2. 1.060 City Council Appointment.
2. 1.070 Terms; Vacancies.
2. 1.080 Meeting Schedule.
2. 1.090 Operating Rules and Procedures
2. 1.100 Staff Support.
2.61.110 Dissolution date.
2. 1.0110 Creation.
There is hereby created the "Measure P Citizens' Oversight Committee" (the "COC"). The COC
is created for the purpose of implementing Section 3.33.1.60.D of Measure P. Measure P is a
temporary one-half cent sales tax measure approved by the voters on November 8, 2016.
Measure P is codified as CVMC Chapter 3.33. To the extent of any inconsistency between this
ordinance and Measure P, the terms of Measure P shall govern.
2. 1.0020 Function.
The function of the COC is to review and report on City compliance with the provisions of
Measure P, particularly with respect to the City's accounting and expenditure of Measure P
revenues.
2.61.03,0 Specific Duties.
The specific duties of the COC are as follows:
A. Review and comment on each year's.- (1) "Finance Department Report"' (as defined in
CVMC Section 3.33.160.A);, (2) "Measure P Spending Plan" as defined in CVMC Section
3.33.160.13); and (3) Auditor Report (as defined in CVMC Section 3.33.160.C).
B. Prepare an annual report regarding subsection A., above, for presentation to the City
Council at a public meeting.
C. Work with City staff to identify and apply "best practices" for tracking and reporting on
Measure P revenues and expenditures relative to other City revenues and expenditures.
2016-12-13 Agenda Packet Page 14
Ordinance No.
Page No. 3
2.6 L040 Limits on Authority.
Per Charter Section 600, the COC shall have no authority to direct the conduct of any
department. The COC is advisory in nature, and as such shall have no authority to approve,
disapprove or prevent any City action.
2. 1.050o Composition9- Q� Nomination.
9
A. Members. The COC shall be compromised of "s"J x"'t e e.,'r'1 .0.) members, each with
equal rights and standing to act and vote on COC matters.
B. Qualifications Applicable to All Members. Per Charter Section 602(d), all COC
members must be "qualified electors" of the City. A "qualified elector" of the City is a City
resident that is qualified and registered to vote as a City resident. COC members must be
"qualified electors at the time they apply and must maintain such status throughout their tenure.
No COC member may be a current City employee or current elected City official per the
requirements of Measure P (CVMC Section 3.33.160(D .
C. Desi q1.1d X I, e
,gnated Members. S-eve++- "'Ieven of the total e4ev� i e rii (I 64���) COC members
..................................................................... ...................................................................... ..........
shall be nominated, apply and serve as "designated members." "Designated members," shall be
nominated, one each, by the following nominating authorities each a "Nominating Authority,
collectively the "Nominating Authorities"), subject to the additional membership qualifications,,
specified for each:
(1) Chula Vista Chamber of Commerce; nominee(s) must have expertise and
experience in at least one of the following areas: accounting, finance, engineering, or a related
discipline (including construction);
(2) San Diego County Taxpayers Association; nominee(s) must have expertise and
experience in at least one of the following areas: accounting, finance, engineering, or a related
discipline (including construction);
(3) Chula Vista Youth Sports Council; nominee(s) must be a Youth Sports Council
Board Member,
(4,) Chula Vista Parks and Recreation Commission; nominee(s) must be from this
commission;
(5) Chula Vista Growth Management Oversight Commission; nominee(s) must be from
this commission;
(6) Sustainability Commission (formerly known as the Resource Conservation
Commission); nominee(s) must be from this commission;
(7) Chula Vista Director of Public Works; nominee(s) must have expertise and
experience in engineering or a related discipline (including construction),'.
2016-12-13 Agenda Packet Page 15
Ordinance No.
Page No. 4
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.................................................................................................................................................................................................................
Designated members shall be selected for nomination by the Nominating Authorities in
accordance with policies and procedures that each Nominating Authority establishes for itself.
Up to three nominees may be presented for City Council consideration in accordance with the
appointment process set forth in Section 2.61.0560.A, below. If any of the listed Nominating
Authorities decline to exercise their nominating authority in a timely fashion, or if any ceases to
function or exist,, that part's nominating authority shall pass to a substantially similar
organization selected by the City Council.
D. At-Large Members. Fou F q ive of the total (I 6-�) COC members shall apply
........................................... .................................................................... ..........I
and serve as representatives of the City "at-large."' "At-large members," shall be comprised of
one resident from each of the four City Council districts d, ogrei"Tie,Fn1.,)er '"vlio -ni,a,ybe a 1es'ident.
. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ............................................................................................................................................................................................................................................................
one of the , )tii- disiricts. Each must maintain his/her district residency throughout his/her
tenure. For at-large members, expertise and experience in accounting, finance, engineering, or a
related discipline (including construction), is desirable, but is not required. At-large members
shall apply to and be appointed by the City Council in accordance with the process set forth in
Section 2.61.0560.13, below. If re-districting occurs such that one or more at- large member no
longer qualifies for his/her assigned district, he/she shall nonetheless be entitled to serve out the
remainder of his/her term, with a qualified replacement to be appointed and seated for the
succeeding term.
2.61.060 City Council Appointment,
A. Designated Members. Designated members shall be appointed by the City Council as
follows: Nominating Authorities shall submit the names and contact information for their
nominee(s) ("Designated Nominees") to the City Clerk on a form prescribed by the City Clerk.
The City Clerk shall provide the Designated Nominees with instructions to complete and submit
applications to the City Clerk within a specified time period. Completed applications timely
received by the City Clerk shall be forwarded to the City Council. The City Council shall
consider all applications received from the City Clerk and provide each nominated applicant an
opportunity for an interview at a publicly noticed meeting. If a Nominating Authority presents
the City Council with two or three nominees for consideration, and those nominees properly
apply, the City Council shall make its appointment by choosing among the two or three
nominees presented. If a Nominating Authority presents the City Council with only one
nominee, the City Council, may reject such nomination by majority vote and request an
alternative submittal. Once rejected, a nominee may not be re-submitted for the term at issue,
but maybe submitted for consideration for future terms.
B. At-large Members. At-large members shall be appointed in accordance with the
procedures set forth in CVMC Section 2.53.
2016-12-13 Agenda Packet Page 16
Ordinance No.
Page No. 5
C. Administration. The City Clerk shall administer the appointment process set forth above,
including the development and publication of all necessary forms. The City Clerk shall have the
authority to develop additional administrative policies and procedures to the extent necessary to
implement the terms of this Chapter.
2.61.070 'Temus.
A. In General. Terms for COC members shall be four years, with a maximum tenure of two
consecutive four-year terms. The initial COC members shall be appointed by no later than April
1, 2017. Initial terms shall commence upon assumption of office and shall expire on June 30,
2021.
B. Special Rules for Designated Members. Special rules shall apply to COC members that
are nominated and qualified through their membership on the board of their Nominating
Authority. For such members (hereafter, "Board Qualified COC Members" , if the underlying
to on the board for their Nominating Authority expires, they may, nonetheless, continue to
serve on the COC until the end of their COC term, provided that they receive the approval of
their Nominating Authority board to do so. Otherwise, Board Qualified COC Member terms
shall be co-terminus with their terms on their underlying Nominating Authority boards. The
Nominating Authority shall notify the City Clerk in writing prior to the end of the Board
Qualified COC Member's term if the Nominating Authority does not authorize their seated
member to continue and desires to submit a new nominee or nominees, for consideration.
2. 1.080 Meeting Schedule,
In accordance with CVMC Section 2.25.200, the COC shall set the date, time and location of its
regular meetings by written resolution and may change its regular meeting day, time or location
by written resolution. The COC shall meet as often as necessary to accomplish the objectives of
Chapter 3.33 and this Chapter. It is estimated that the COC will need to meet a minimum of four
times per year to fulfill its assigned duties.
2.61.090 Operating Rules and Procedures.
Except as expressly provided herein, or as otherwise necessary to implement this Chapter or the
requirements of Measure P, the rules governing City boards and commissions generally, as set
forth in CVMC Chapter 2.25, shall govern the COC. The COC shall also operate in accordance
with the Ralph M. Brown Act; this includes requirements that meetings be noticed in advance
and be held in public. The COC may also adopt additional rules and procedures in the form of
bylaws as provided in CVMC Section 2.25.179. Any such bylaws must be consistent with terms
of this Chapter and all other applicable laws.
2.61.100 Staff Support.
The City Manager, and/or his/her designee(s), shall serve as the City staff liaison to the COC and
shall provide it with administrative support, including designation of a COC staff secretary. The
City Attorney, and/or his/her designee(s), shall provide the COC with legal counsel and support.
2.61.110 Dissolution Date.
2016-12-13 Agenda Packet Page 17
Ordinance No.
Page No. 6
The COC shall automatically dissolve at such time that all Measure P revenues have been
collected, expended and accounted for, and that the COC shall have fulfilled all of its
responsibilities with respect thereto. With the Measure P tax expiring on March 31, 2027, it is
currently estimated that the COC dissolution shall occur on or about December 31, 2028.
Section 11. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section 111. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement,, not to
contradict, the City Charter, and applicable state and federal law. This Ordinance shall be
construed in light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
Gary Halbert, Glen R. Googins,
City Manager City Attorney
2016-12-13 Agenda Packet Page 18
ANNI f1.00000
City of Chula Vista
00*40-- -1
CHULAVISTA
Staff Report
ile#: 16-0568, Item#: 16.
CONSIDERATION OF ESTABLISHING A CITIZENS' OVERSIGHT COMMITTEE AS REQUIRED BY
MEASURE P
ORDINANCE OF THE CITY OF CHULA VISTA ADDING c UL.A VISTA MUNICIPAL CODE
CHAPTER 2.61 - "MEASURE P" CIT ZEN' OVERSIOH'T COMMITTEE FIRST READING)
RECOMMENDED ACTION
Council place the ordinance on first r ading
SUMMARY
In November, the city's electorate approved the passage of Measure P, which implemented a
temporary one- alf cent sales tax. Measure P also required the establishment of a citizens' oversight
committee before December 31, 2616. The ordinance presented would establish that committeey in
accordance with Measure P.
ENVIRONMENTAL REVIEW
Environmental Notice
The activity is not a "Project"' as defined under section 16378 of the California Environmental Quality
Act Mate Guidelines- therefore, pursuant to state guidelines section 15060(c)(3) no environments
review is required.
Environmental Determination
The Director of Development services has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that this activity is not a "Project"
as defined under section 15378 of the Mate CEQA guidelines because it will not result in a physical
change to the environment; therefore, pursuant to section 16666 c (3) oft e state CEQA Guidelines,
the activity is not subject to CEA. Thus, no environmental review is requ'ired.
OARD/coy MISSION RECOMMENDATION
Not Applicable.
DISCUSSION
On November 8, 2016, the city of Chula. Vista submitted to the voters a measure to approve an
ordinance enacting a one-half cent sales tax, for 10 years, including provisions for citizens' oversight,
separate accounting, and independent audits ("Measure P"). The voters approved the passage of
Measure P which resulted in the adoption of Ordinance No. 3371 ("Ordinance 3371" . Ordinance
3371 enacted the sales tax and required the implementation of the oversight, accounting and audit
provisions. Ordinance 3371 specifically required the establishment of a citizens' Oversight
City of Chula Vista Page 1 of 4 (Printed on 12/1/2016
2016-12-13 Agenda Packet ,Page 19
File#: 16-0568, Item#: 16.
Committee ("COC"), by ordinance, no later than December 31 1, 2016.
Ordinance 3371 provided that the COC would function to review and report on City compBance with
the terms of Ordinance 3371 as follows: (i) public review and comment on each year's, Finance
Department Report, Measure P Spending Plan,,, and Auditor Report; (ii) preparation of an annual
report regiardingi same for presentation to the City Council at a public meeting; and (Ili) working with
City staff to, identify and apply "best practices" for tracking and reporting on Measure P revenues and
expenditures relative to, other City revenues and expenditures. It also set forth the following
requirements for the COC members-. (i) current elected City officials and employees would be
disqualified from membership; (iii) the members would be appointed by the City Council in
accordance with existing City policies and would include individuals with a range of expertise,
including accounting, finance, and engineering; and (iii) the meetings would be conducted in
accordance with the Ralph M. Brown Act.
In accordance with Measure P and Ordinance, 3371 (codified as Chula Vista Municipal Code Chapter
3.33)7 City staff has prepared a draft ordinance to add Chapter 2.611 to the Chula Vista Municipal
Code. The proposed ordinance creates the COC and sets forth the terms, for its composition and
operations. Staff's intent with this proposal is to create a committee that: (1) has full authority to
monitor City compliance with Measure P, (2) is comprised of a wide range of individuals that are
representative of the community and possess a range of relevant expertise, and (3) operates openly
and effectively in accordance with best practices, including existing City policies and the Brown Act.
The primary provisions of the proposed ordinance are summarized below-.
0 Function: The stated function of the COC is to review and report on City compliance with the
provisions of Measure P.
• Duties: The ordinance details the specific duties that the COC is to carry-out; these duties
include:
• (i) review and comment on the annual Finance Department Report, Measure P
Spending Plan and Audit (all of which are required to be prepared annually under
Ordinance 3371);
• (ii) prepare and present to City Council an annual report regarding its review of such
documents; and
• (iii), work with City staff to identify and apply best practices for tracking and reporting on
Measure P revenues and expenditures.
• Authority Limited: The ordinance specifically provides that the COC is advisory in nature and
would snot have approval authority over any City action.
• Members-. The COC would consist of eleven (11) voting members, seven of whom would be
City of Chula Vista Page 2 of 4 Printed on 12/1/2016
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2016-12,-13 Agenda Packet Z,Page 20
File#: 16-0568, Item#: 16.
"desiginated members" and four of whom would be "at-large" members.
Designated members would be nominated (one each) by the following Nominating Authorities:
(i) the Chula Vista Chamber of Commerce (with required experience in accounting, finance,
engineering, or a related discipline,, including construction); (ii) the Chula Vista Youth Sports
Council (must be a YSC Board Member); (iii) the San Diego Taxpayers' Association (with
required experience in accounting, finance, engineering, or a related discipline, including
construction); (iv) the Parks, and Recreation Commission (from this commIssion), (v) the
Growth Management Oversight Commission from this commission); vi) the Sustainability
Commission (from this commission); and (vii) the Director of Public Works (with experience in
engineering or construction).
At-large members would apply directly to the City Council, with the City Council appointing
one from each of the four Council districts. Experience in accounting, finance, engineering or
a related discipline would be, encouraged, but not required.
• Appointment Process: All members would be appointed by the City Council. Designated
Members would first be nominated by the Nominating Authorities as provided above; those
nominated would then submit applications. Up to three nominations for each Nominating
Authority would be permitted, and if two or three are submitted the City Council must choose
from among those two or three.. At-Large members would submit applications directly to the
City Clerk in accordance with the existing City appointment process where nominations,
interviews and appointments are done by the full Council at a noticed public meeting. [See,
Municipal Code Chapter 2.53 for details'lTerms: Per the City Charter, each COC member
would be appointed for a term of four years, with a maximum tenure of two consecutive four-
year terms.
0 Meetings: The COC would be required red to meet as often as, necessary to accomplish the
objectives of Measure P. Meetings would be held in public in accordance with the Brown Act.
is expected that at least 4 meetings a year will be required.
• Staff support would be provided by the City Manager and the City Attorney.
• Dissolution: The COC would automatically dissolve once all Measure P revenues had been
collected, expended and accounted for, and the COC had fulfilled all of its responsibilities.
Please, refer to the full Ordinance, proposed new Chapter 2.61, attached, for further details,.
DECISION-MAKER CONFLICT'
Staff has reviewed the decision contemplated by this action and has determined that it is not site-
specific, and consequently, the 500-foot rule found in California Code of Regulations Title 2,
section 18702.2(a (1is not applicable to this decision for purposes of determining a
disqualifying real prolperty-related financial conflict of interest under the Political Reform Act (Cal.
Gov't Code § 87 1001, et seq.),.
City of Chula Vista Page 3 of 4 Printed on 12/1/2016
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2016-12,-13 Agenda Packet Z,Page 21
File#: 16-0568, Item#: 16.
Staff is not independently aware, and has not been informed by any City Cou nciil member, of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. Tis ordinance would
serve these goals; in that, the ordinance is necessary to meet the requirements of the Measure
passed by the voting commu�nity and forming the COC will assist in assuring that the tax revenues
from Measure P will be expended in accordance with the Measure, thereby assisting the City in
obtaining operational excellence and economic vitality with respect to the accounting and expenditure
of the funds.
CURRENT YEAR FISCAL IMPACT
There will be no current year general fund impacts as a result of this item. All staff time to prepare for
this item was included within the adopted FY 16/17 budget.
ONGOING FISCAL IMPACT
No anticipated future fiscal impact as a result of tis action. All Measure P fiscal impacts will be taken
as separate items to City Council.
ATTACHMENTS
1. Chula Vista Municipal Code Section 3,.33 - Ordinance 3371
Staff Contack Jill D.S. Maland, Assl*stant City Attomey
City of Chula Vista Page 4 of 4 Printed on 12/1/2016
("i
2016-12,-13 Agenda Packet Z,Page 22
ORDINANCE NO. 3371,
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 3.33 TO TITLE 3 OF THE CHULA VISTA
MUNICIPAL CODE TO ESTABLISH A TEMPORARY ONE-
HALF CENT GENERAL TRANSACTIONS AND USE TAX TO
BE ADMINISTERED BY THE STATE BOARD OF
EQUALIZATION INCLUDING PROVISIONS FOR CITIZENS'
OVERSIGHT AND ACCOUNTABILITY
WHEREAS, numerous City facilities, including streets, storm drains, sidewalks, curbs,
gutters, emergency response equipment and facilities, irrigation systems, park and recreation
facilities, and libraries, are in dire need of repair, replacement, upgrading and/or maintenance;
and
WHEREAS, the City has conducted significant public outreach to identify the most
critical needs and priorities with respect to addressing the City's infrastructure needs, including
C�
fori-ning a working group composed of City residents, business owners, and other stakeholders;
and
WHEREAS, the public outreach efforts identified certain public priorities with respect to
fixing City facilities, including: repairing City streets, potholes, sidewalks, and storm drains;
upgrading aging police, fire, and 911 emergency response facilities; maintaining parks, recreation
centers, and libraries; and improving water recycling and irrigation systems (collectively, "City
Infrastructure, Facilities and Equipment Priorities"); and
WHEREAS,, although the City's finances have improved since the recent recession, it is
still experiencing financial challenges and is unable to address the City's infrastructure
deficiencies within its current budget; and
WHEREASI the City has determined that the enactment of a general local transactions
and use tax (commonly known as a "sales tax") would allow the City to address the City
Infrastructure, Facilities and Equipment Priorities identified above without compromising
existing City services; and
WHEREAS,, pursuant to Article XIII C of the California Constitution, and California
Revenue and Taxation Code Section 7285.9, the City has the authority to enact a local sales tax
for generalpurposes with the approval, of the majority of voters in the City voting in an election
on the issue; and
WHEREAS, the City Council directed staff to prepare for submittal to the voters an
ordinance enacting a one-half cent sales tax for 10 years consistent with all applicable general
purpose tax laws, including measures providing for citizens' oversight, separate accounting and
independent audits; and
2016-12-13 Agenda Packet Page 23
Ordinance No. 3371
Page Na. 2
WHEREAS, proposed Chapter 3.33 of the Chula Vista Municipal Code, set forth below,
establishes a transactions and use tax to be administered by the State Board of Equalization
consistent with City Council direction; and
WHEREASI concurrently herewith the City Council is adopting a spending plan
expressing its intention to expend new sales tax revenues on City Infrastructure, Facilities and
Equipment Priorities, as more particularly described therein (the "City Council Intended
Infrastructure, Facilities and Equipment Expenditure Plan").
NOW, THEREFORE, subject to approval by an affirmative, simple majority vote of the
people as required by law, the People of the City of Chula Vista do ordain as follows:
SECTION 1:
The Chula Vista Municipal Code is hereby amended to add Chapter 3.33 as, set forth below,
thereby enacting a local transactions and use tax within the City of Chula Vista, to be
administered by the State Board of Equalization:
CHAPTER 3.33
CHULA VISTA TEMPORARY ONE-HALF CENT SALES TAX
Sections:
3.33.01.0 Title.
3.33.020 Purpose.
3.33.030 Operative date.
3.33.040 Transactions and use tax impostion and rate.
3.33.050 Termination date.
3.33.060 Contract with State Board of Equalization.
3.33.070 Place of sale.
3.33.080 Adoption of provisions of state law.
3.33.090 Limitations on adoption of state law and collection of use taxes.
3.33.1 00 Permit not required.
3.33.110 Exemptions and Exclusions.
3.33.120 Amendments of Revenue and Taxation Code.
3.33.130 Enjoining collection forbidden.
3.33.140 Amendments by City Council.
3.33.150 Use of Proceeds.
3.33.160 Citizens' oversight and accountability.
3.33.170 Severability.
ir ]c
3.3 3.01. TIT L.Jr.�.
This ordinance shall be known as the Chula Vista Temporary One-Half Cent Sales Tax
Ordinance. The City of Chula Vista hereinafter shall be called "City." This Ordinance shall be
applicable in the incorporated territory of the City.
2016-12-13 Agenda Packet Page 24
Ordinance No. 3371
Page No. 3
3.33.020 PURPOSE.
This Ordinance is adopted to achieve the following, among other purposes, and directs that the
provisions hereof be interpreted in order to accomplish those purposes:
A. To impose a retail transactions and use tax, in accordance with the provisions of
Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and
Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance
which shall be operative if a majority vote of the electors voting on the measure vote to approve
the imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions
identical to those of the Sales, and Use Tax Law of the State ofCalifornia insofar as those
provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of
Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and
provides a measure therefore that can be administered and collected by the State Board of
Equalization in a manner that adapts itself as fully as practicable to, and requires the least
possible deviation from, the existing statutory and administrative procedures followed by the
State Board of Equalization in administering and collecting the California State Sales and Use
Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a
manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of
Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions
and use taxes, and at the same time, minimize the burden of record keeping upon persons subject
to taxation under the provisions of this Ordinance.
3,.33.03,0 OPERATIVE DATE.
"Operative Date" means the first day of the first calendar quarter commencing more than I 10
days after the approval of the voters of the City of a measure approving the imposition of the
transactions and use tax set forth herein,, unless a later Operative Date becomes effective under
the provisions of Section 3.33.060.
3.33.040 TRANSACTIONS AND USE TAX IMPOSITION AND RATE.
A. For the privilege of selling tangible personal property at retail, a tax is hereby
imposed upon all retailers in the incorporated territory of the City at the rate of one-half of one
percent (0.5%) of the gross receipts of any retailer from the sale of all, tangible personal property
sold at retail in said territory on and after the Operative Date of this Ordinance.
2016-12-13 Agenda Packet Page 25
Ordinance No. 3371
Page No. 4
B. An excise tax is hereby imposed on the storage, use or other consumption in the
City of tangible personal property purchased from any retailer on and after the Operative Date of
this Ordinance for storage, use or other consumption in said territory at the rate of one-half of one
percent (0.5%) of the sales price of the property. The sales price shall include delivery charges
when such charges are subject to state sales or use tax regardless of the place to which delivery is
made.
3.33.050 TERMINATION DATE.
The authority to levy the tax imposed by this Ordinance shall expire ten (10) years following the
Operative Date.
3.33.060 CONTRACT WITH STATE BOARD OF EQUALIZATION.
Prior to the Operative Date, City shall contract with the State Board of Equalization to perform
all functions incident to the administration and operation oft is Ordinance; provided, that if the
City shall not have contracted with the State Board of Equalization prior to the Operative Date, it
shall nevertheless so contract, and in such a case the Operative Date shall be the first day of the
first calendar quarter following the effective date of such a contract.
3.33.070 PLACE OF SALE.
For the purposes of this, Ordinance, all retail sales are consummated at the place of business of
the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an
out-of-state destination or to a common carrier for delivery to an out-of-state destination. The
gross receipts from such sales shall include delivery charges, when such charges are subject to
the State sales and use tax, regardless of the place to which delivery is made. In the event a
retailer has no permanent place of business in the State or has more than one place of business,
the place or places at which the retail, sales are consummated shall be determined under rules and
regulations to be prescribed and adopted by the State Board of Equalization.
3.33.080 ADOPTION OF PROVISIONS OF STATE LAW.
Except as otherwise provided in this Ordinance and except insofar as they are inconsistent with
the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions
of Part I (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are
hereby adopted and made a part of this Ordinance as though fully set forth herein.
3,.33.090 LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE
TAXES.
In adopting the provisions of Part I of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the
name of this City shall be substituted therefor. However, the substitution shall not be made
when:
2016-12-13 Agenda Packet Page 26
Ordinance No. 3371
Page No. 5
1. The word "State" is used as part of the title of the State Controller, State!
Treasurer, Victim Compensation and Government Claims Board, State Board of Equalization,
State Treasury, or the Constitution of the State of California*,
2. The result of that substitution would require action be taken by or against
this City or any agency, officer, or employee thereof, rather than by or against the State Board of
Equalization, in performing the functions incident to the administration or operation of this
Ordinance.
3. In those sections, including but not necessarily limited to sections referring
to the exterior boundaries of the State of California, where the result of the substitution would be
to:
a. Provide an exemption from this tax with respect to certain sales,
storage, use or other consumption of tangible personal property which would not otherwise be
exempt from this tax while such sales, storage, use or other consumption remain subject to tax by
the State under the provisions of Part I of Division 2 of the Revenue and Taxation Code; or
b. Impose this tax with respect to certain sales, storage, use or other
consumption of tangible personal property which would not be subject to tax by the State under
the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715,
67371 6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer
engaged in business in this State" in Section 6203 and in the definition of that phrase in Section
6203.
3,.3 3.1 OO PERMIT NOT REQUIRED
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation
Code, an additional transactor's permit shall not be required by this Ordinance.
3.33.110 EXEMPTIONS AND EXCLUSIONS.
A. There shall be excluded from the measure of the transactions tax and the use tax
the amount of any sales tax or use tax imposed by the State of California or by any city, city and
county, or county pursuant to the Bradley-Bums Uniform Local Sales and Use Tax Law or the
amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the
gross receipts from:
2016-12-13 Agenda Packet Page 27
Ordinance No. 3371.
Page No.
1. Sales of tangible personal property, other than fuel or petroleum products,
to operators of aircraft to be used or consumed principally outside the county in which the sale is
made and directly and exclusively in the use of such aircraft as common carriers of persons or
property under the authority of the laws of this State, the United States, or any foreign
government.
2. Sales of property to be used outside the City which is shipped to a point
outside the City, pursuant to the contract of sale, by delivery to such pent by the retailer or his
agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the
purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject
to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the
Vehicle Code, aircraft licensed in compliance with Section 21.41.1 of the Public Utilities Code,
and undocumented vessels registered under Chapter 2 of Division 3.5 (commencing with Section
40) of the Vehicle Code by registration to an out-of-City address and by a declaration under
penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal.
place of residence; and.
b. With respect to commercial vehicles, by registration to a place of
business out-of-City and declaration under penalty of perjury, signed by the buyer, that the
vehicle will be operated from that address.
. The sale of tangible personal property if the seller is obligated to furnish.
the property p p prior to the operative date of this
for ire rice pursuant to a contract enters into
Ordinance.
. A lease of tangible personal property which is a continuing sale of such
property, for any period of time for which the lessor is obligated to lease the property for an
amount fixed by the lease prig to the operative date of this ordinance.
. For the purposes of subsections (3) and (4) of this section, the sale or lease
of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease
for any period of time for which any party to the contract or lease has the unconditional right to
terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storms, use
or other consumption in this City of tangible personalproperty:
1. The gross receipts from the sale of which have been subject to a
transactions tax under any State-administered transactions and use tai. ordinance.
2. other than fuel or petroleum products purchased by operators of
aircraft and used or consumed by such operators directly and exclusively in the use of such
aircraft as common carriers of persons or property for hire or compensation under a certificate of
public convenience and necessity issued pursuant to the laves of this State, the United States, or
any foreign government. This exemption is in addition to the exemptions provided in Sections
3 and 63,66.1 of the revenue and.Taxation Code of the State of California.
2016-12-13 Agenda Packet Page 28
Ordinance No. 3371
Page No. 7
3. If the purchaser is obligated to purchase the property for a fixed
price pursuant to a contract entered into prior to the operative date of this Ordinance.
4. If the possession of, or the exercise of any right or power over, the
tangible personal property arises under a lease which is a continuing purchase of such property
for any period of time for which the lessee is obligated to lease the property for an amount fixed
by a lease prior to the Operative Date of this Ordinance.
5. For the purposes of subparagraphs (3) and (4), of this section,
storage, use, or other consumption, or possession of, or exercise of any right or power over,
tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for
any period of time for which any party to the contract or lease has the unconditional right to
ten,ninate the contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in
business in the City shall not be required to collect use tax from the purchaser of tangible
personal property, unless the retailer ships or delivers the property into the City or participates
within the City in making the sale of the property, including, but not limited to, soliciting or
receiving the order, either directly or indirectly, at a place of business of the retailer in the City or
through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the
authority of the retailer.
7. "A retailer engaged in business in the City" shall also include any
retailer of any of the following: vehicles subject to registration pursuant to Chapter I
(commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in
compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered
under Division 3.5 (commencing with Section 98 40) of the Vehicle Code. That retailer shall be
required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or
aircraft at an address in the City.
D. Any person subject to use tax under this Ordinance may credit against that tax any
transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable
for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with
respect to the sale to the person of the property the storage, use or other consumptions of which is
subject to the use tax.
3.33.120 AMENDMENTS TO REVENUE AND TAXATION CODE.
All amendments subsequent to the effective date of this Ordinance to Part I of Division 2 of the
Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with
Part 1.6 and Part 1.7 of Division. 2 of the Revenue and Taxation Code, and all amendments to
Part I. and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically
become a part of this Ordinance, provided however, that no such amendment shall operate so as
to affect the rate of tax imposed by this Ordinance.
2016-12-13 Agenda Packet Page 29
Ordinance No. 3371
Page No. 8
3.33.130 ENJOINING COLLECTION FORBIDDEN.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action
or proceeding in any court against the State or the City, or against any officer of the State or the
City, to prevent or enjoin the collection under this Ordinance, or Part 1.6 of Division 2 of the
Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
3.3 3.1 0 AMENDMENTS BY CITY COUNCIL.
The following amendments to this Ordinance must be approved by the voters of the City:
increasing the tax rate; revising the methodology for calculating the tax, such that a tax increase
would result; imposing the tax on transactions and uses not previously subject to the tax (unless
such amendment occurs automatically by operation of law)- or eaten Ing the to of the tax. The
City Council may otherwise amend this Ordinance without submitting the amendment to the
voters for approval.
3.33.150 USE OF PROCEEDS.
The proceeds from the tax imposed by this Ordinance shall be for general governmental purposes
of the City and shall be received into the general fund of the City. Nothing in this Ordinance
shall constitute the tax imposed under this Ordinance as a special tax, or bind the City to use the
proceeds for any specific purpose or function; the City Council shall retain discretion to expend
the proceeds of the tax for any lawful purpose of the City.
3.33.160 CITIZENS' OVERSIGHT AND ACCOUNTABILITY.
In order to provide for citizens' oversight, transparency and accountability in connection with
expenditures of tax revenues generated under the terms of this Ordinance, the City shall do the
following:
A. Separate Fund Accounting. All revenue generated by the tax shall be accounted in
the General Fund as a separate line item entitled "Local Sales and Use Tax — Measure 'P'
Revenues." These revenues will then be transferred to a General Fund s,ubfund entitled "Measure
`P' Fund." Any and all expenditures of Measure 'P' Fund monies will be tracked and accounted
for by City Finance Department staff in accordance with Generally Accepted Accounting
Principles (GAAP,), and presented annually in a report (the "Finance Department Report") tothe
Citizens' Oversight Committee ("COC") created pursuant to subdivision D. below.
B. Initial and Annual Submittal of Measure `PIan. If Measure 'P" is
approved by the voters, within 30 days after such approval the City Manager shall bring forth for
City Council consideration and action, in its discretion, proposed budget amendments and
financing options to accelerate large-scale projects for fiscal year 2016-17 that would fund and
implement the City Council Intended Infrastructure, Facilities and Equipment Expenditure Plan
that was approved by the City Council concurrent with this Ordinance, using Measure 'P' fund
revenues. For each subsequent year, prior to City Council consideration of the City's annual
budget, City staff will prepare and present to the COC for its review a spending plan for Measure
2016-12-13 Agenda Packet Page 30
Ordinance No. 3371
Page No. 9
`P' Fund revenues. Such plan (the "Measure 'P' Spending Plan") shall be consistent with the
City Council Intended Infrastructure, Facilities and Equipment Expenditure Plan, include specific
proposals for near term expenditures, a plan for expenditures throughout the 10-,year term of the
tax, and finance options for larger-scale projects that may require the pledge of Measure 'P'
revenues. After review by the COC, the Measure 'P' Spending Plan shall be incorporated into
the City Manager's proposed budget, and then presented to the City Council for its consideration
and action, in its discretion, as part of the City's annual budget process. The City Council must
consider for approval the expenditure of projected Measure 'P' Fund revenues as a separate line
item category in each year's budget.
C. Annual, Independent Audit. Beginning with the fiscal year that ends June 30,
2017, the City's independent auditors shall, as part of their annual audit of the City's financial
statements, review the collection and expenditure of revenue from the Measure 'P' tax. Along
with the City's Finance Department Report provided in subsection A., above, the auditors'
review of such revenues ("Auditor Report") shall be presented each year to the COC at a public
meeting for its review for compliance with the terms of this Ordinance and to disclose whether or
not it has been expended in accordance with the City Council approved Measure 'P' Spending
Plan. The results of the COC review shall than be transmitted through the City Manager's
Office to the City Council for its consideration at a public meeting.
D. Citizens' Oversight Committee. Prior to the Operative Date, the City shall create
and convene a Citizens' Oversight Committee ("COU). The function of the COC shall be to
review and report on City compliance with the terms, of this Ordinance and the spending
guidelines contained in the City Council Intended Infrastructure, Facilities and Equipment
Expenditure Plan and each Measure 'P' Spending Plan presented and approved by the City
Council thereafter. Specific COC responsibilities shall include: (1)public review and comment
on each year's Finance Department Report, Measure 'P' Spending Plan and Auditor Report (as
provided in subsections A-C, above); (2) preparation of an annual report regarding same for
presentation to the City Council at a public meeting; and (3) working with City staff to identify
and apply "best practices" for tracking and reporting on Measure 'P' revenues and expenditures
relative to other City revenues and expenditures- Current elected City officials and employees are
disqualified from membership. COC members shall be appointed by the City Council in
accordance with existing City policies and will include individuals with a range of expertise,
including accounting, finance and engineering. The COC shall operate in accordance with the
Ralph M. Brown Act, which includes requirements that meetings be noticed in advance and held
in public. The COC shall be created by City Council ordinance consistent with the terms of this
Section adopted no later than December 31, 201 .
3,.33.170 SEVERABILITY.
If any provision of this Ordinance or the application thereof to any person or circumstances is
held invalid, such invalidity shall not affect other provisions or applications of the Ordinance
which can. be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are severable. This City Council hereby declares that it would have
adopted this Ordinance irrespective of the invalidity of any particular portion, thereof and intends
that the invalid portions should be severed and the balance of the Ordinance be enforced.
2016-12-13 Agenda Packet Page 31
Ordinance No. 3371
Page Na. 10
SECTION 2:
The City Clerk shall be authorized to replace the term "Measure! X" wherever it appears in this
Ordinance with the respective ballot designations determined by the County Registrar before this
Ordinance is codified.
SECTION 3:
This Ordinance shall take effect immediately, upon approval by a simple majority of the voters
voting on the question at the November 8, 2016 election.
Presented by Approved as to form by
Gary Halbert Glen R. Googins
City Manager City Attorney
2016-12-13 Agenda Packet Page 32
Ordinance No. 3371.
Page No. 11
PASSED, APPOV D, and ADOPTED by the City Council of the City of Chula Vista,
California, this 2nd day of August 2016, by the following vote.
AYES: Counc lme hers: Aguilar, Bensoussan, M esen, and Salas
NAYS: Counc lme hers: McCann
ABSENT: Counc lme hers: None
Mary S alas, Mayor
ATTEST:
Donna R. Norris, CMC, City Clerk
STATE of CALIFORNIA
COUNTY of SAN DIEGO
CITY of CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3371 had its first reading at a regular meeting held on the 12th day of Julys 201
and its second reading and adoption at a regular meeting of said. City Council held on the 2nd
days of August 2016 and was duly published in summary form in accordance with the
requirements of state lav and the City Charter.
Bated Donna R. 1` orris, CMC, City Clerk
2016-12-13 Agenda Packet Page 33
ANNI f1.00000
City of Chula Vista
00*40-- -1
CHULAVISTA
Staff Report
ile#: 16-0590, Item#: 2.
..'Title
ORDINANCE OF THE CITE` of CHID A VISTA AMENDING CHULA VISTA UNICIPAL CODE
SECTION 2.02.030 RELATING TO THE CONFLICT OFINTEREST CODE OF THE CITY OF c ULA
VISTA (SECOND REACHING AND ADOPTION)
RECOMMENDED ACTION
Council adopt the ordinance.
SUMMARY
The Political Reform Act requires every Local agency to periodically review its conflict of Interest
Code to determine whether amendments are needed. The proposed resolution adopts an amended
appendix to the city's conflict of Interest code, listing the officials and designated employees of the
City who are required to file periodic statements of economic interests ;and the disclosure categories
under which each such official and designated employee is regquired to file, as well as requiring those
designated officials and employees to complete biennial ethics training, pursuant to AB 1234. The
proposed ordinance amends the disclosure categories to capture all conceivable conflicts of interest
for the City's designated employees.
__NVIRONMEN'TAL REVIEW
Environmental Notice
The activity is not a "Project"' as defined under section 15378 of the California Environmental Quality
Act state Guidelines- therefore, pursuant to state guidelines section 5060(c)(3) no environments
review is required.
Environmental Determination
minati+on
The Director of Development services has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that this activity is not a "Project"
as defined under section 15378 of the state CEQA guidelines because it will not result in a physical
change to the environment; therefore, pursuant to section 100c (3) oft e state cA Guidelines,
the activity is not subject to CEA. Thus, no environmental review is requ'ired.
OAF [ /cO MISSION RECOMMENDATION
Not applicable.
DISCUSSION
On Larch 21, logo, the council adopted ordinance No. 2807, adopting by reference the
standardized conflict of interest code contained in Title 2 of' the California code of Regulations,,
Section 1 73,0 and any amendments thereto that are adopted by the Fair Political Practices
City of Chula Vista Page 1 of 3 (Printed on 12/8/20118
2016-12-13 Agenda Packet ,Page 34
File#: 16-0590, Item#: 2.
Commission. The ordinance requires that the Council set forth by resolution the officials and
designated employees who are required to file statements of economic interests and the disclosure
categories under which each such official and designated employee shall file.
The City Clerk and the City Attorney have performed a review of the code in conformance with
Political Reform Act requirements,. Each department director provided input regarding the level of
decision-making authority employees have in their respective departments. With that input, along
with various title changes that have occurred since, the last update, it has been determined that the
appendix to the Code requires amendments.
Several positions that are currently vacant and unfunded were not deleted since they remain on the
City's classification plan,i and should be designated to file statements of economic interest. Adoption
of the proposed resolution amends the appendix to the local Conflict of Interest Code accordingly.
The resolution also specifies that all employees designated as filers under the City's Conflict of
Interest Code are "designated employees"' for purposes of AB, 1234 and, as such, are, required to
participate in mandatory ethics training.
Adoption of the proposed ordinance will amend the Municipal Code to incorporate revised filing
categories. Since the last amendment of the filing categories, the Fair Political Practices Commission
has published additional reference materials for agencies to use in drafting their own agency-specific
filing categories. The proposed categories intend to capture all conceivable conflicts of interest for the
City's designated employees.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-
specific and consequently, the 500-foot rule found in California Code of Regulations Title 2,,, section
187012.2(a)(1 1), is snot applicable to this decision for purposes of determining a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 871007
et seq.).
Staff is snot independently aware, and has not been informed by any City Councilmember, of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO, STRATEGIC GOALS
The City's Strategic Plan has five major goals,: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. Adoption of this item
supports the, City's goal of providing responsible public service and fostering public trust through an
open and ethical government.
CURRENT YEAR FISCAL IMPACT
Adoption of the resolution will have no impact on the general fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
City of Chula Vista Page 2 of 3 Printed on 12/8/20116
2016-12-13 Agenda Packet Z,Page 35
File#: 16-0590, Item#: 2.
1. Updated list of designated employees
2. Proposed ordinance changes in strikeout-underline format
Staff Contack Kerry Bigelow
City of Chula Vista Page 3 of 3 (Printed on 12/8/20116
("i
2016-12,-13 Agenda Packet Z,Page 36
SECOND READINGAND ADOPTION
ORIINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMEND/NG
CHULA VISTA MUNICIPAL CODE SECTION 2.02.030
RELATING To THE CONFLICT OF INTEREST CODE O
THE CITY of CH LA VISTA
WHEREAS, the Political Reform Act (California Government Code sections 87100
through 91014), requires certain officials and candidates to file Statements of Economic Interests
(Form loo) and requires local government agencies to adopt and promulgate conflict of interest
codes; and
WHEREAS, the City Council adopted ordinance No. 2807, adopting by reference the
standardized conflict of interest code contained in Title 2 of the Califo is Code of Regulations,
Section 18730, and any amendments thereto that are adopted by the Fair political practices
Commission; and
WHEREAS, the political Reform Act requires every local agency to periodically review
its Conflict of Interest Code to determine if amendments are necessary; and
WHEREAS, the City Attorney and the City Clerk have reviewed the City's Conflict of
Interest Code (Chula Vista Municipal Code chapter 2.02) and determined that amendments to the
Code are necessary.
NOW THEREFORE the City Council of the City of Chula Nista does ordain as follows:
Section 1. Chula Nista Municipal Code section 2.02.030(13) is amended to read as
follows.
R The City Council shall set forth y resolution the officials, designated employees, an
consultants who are required to file statements, of economic interests and the disclosure
categories under which each such official, designated employee and, consultant shall file. By this
reference, the e resp
y amendments to it, is incorporated into this conflict ict of interest
resolution, an an n�
code. The ity's disclosure categories are set forth below r'efer to the definitions, within
this Chapter and the PRA
r capitalized
type):
isclosure Cate ry1: Report all of the following:
a. Investments in, and business positions held with, any Business entity locatedin, or
doing
usiness within theCity's,
or doing business with the qty; an
b. Income from any source, regardless of the Jurisdiction in which the source resides or
does business.
isclosure Category : Report any Interest 'in real property for such real property that is
located within the Jurisdiction of the City.
Disclosure Category 3: Report all of the following:
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2016-12-13 Agenda Packet Page 37
Ordinance
Page 2
a. Investments in, and positions held with, any Busmess entity, that is subject to the
regulatory, permitting, or licensing authority of the City department in which you work
("Departmental.Authority"); and
b. Interests "in real property if the real property is subeject to such Departmental
Authority; and
c. Income from any source which is subject to such Departmental Authority.
Disclosure Category 4: Report all of the following:
a. Investments in., and business, positions held with, any Business entity that engages
in land development, construction, or the acquisition or sale of real property, within the
Jurisdiction of the City; and
b. Income from any source that that engages in land development, construction, or the
acquisition or sale of real property, within.the Jurisdiction of the City.
Disclosure Category 5: Report all of the following:
a. Income from sources that provide leased facilities, goods, equipment, vehicles,
machinery, or services including training or consulting services), of the type utilized
by the City ("City Goods and Services,"); and
b. Investments in., and, business, positions held with, any Business entity which
provides such City Goods and Services.
Disclosure Category 6': Report all of the following:
a. Income from any source that provides leased facilities, goods, equipment, vehicles,
machinery, or services, (including training or consulting services), of the type utilized
by the City department in.which you work ("Departmental Goods andServices").- and
b. Investments in,, and business, 'ositions held with, any Business, entity which
p
provides such Departmental. Goods and, Services.
Disclosure Category 7: Report all of the following:
a. Income from any source that is of the type that receives grants or other monies from
or through the City.; and
b. Investments in', and business, positions, held with, any Business, entity, including
non-profit organizations,, that is of the type that receives grants or other monies from or
through the City.
Section 11. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional., by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance., or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section 111. Construction
2016-12-13 Agenda Packet Page 38
Ordinance
Page 3
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall, be construed in
light of that intent.
Section. IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Pubficaflon
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
Donna R. Norris, CMC Glen R. Goo ins
City Clerk City Attorney
2016-12-13 Agenda Packet Page 39
b., The City Council shallI set forth by iresolutlion the officials,, designated employees, and consultants who
are required to file statements of economic interestindl the disclosure categories under which each such
official, designated employee and consuiltant shall filte., By this reference,I the resolution, and any
amendments to lit, is incorporated into this conflict of interest code. The City's disclosure categories are
l 1
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2016-12-13 Agenda Packet Page 40
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2016-12-13 Agenda Packet Page 41
ANNI f1.00000
City of Chula Vista
00*40-- -ow"
CHULAVISTA
Staff Report
i le#: 16-0591 Item#: 3.
ORDINANCE OF THE CITY OF CHU ,fir VISTA APPROVING AMENDMENTS "T 3 THE OTA ""
RANCH VILLAGE 3 NORTH AND A PORTION OF VILLAGE 4 SECTIONAL PLANNING AREA
(VILLAGE3 SPA) PLAN'S PLANNED COMMUNITY DISTRICT REGULATIONS TO MODIFY
ZONING, CLARIFY DEVELOPMENT STANDARDS, REVISE, REQUIREMENTS, AND ACYL
PERFORMANCE STANDARDS IN COMPLIANCE WITH THE AMENDED SPA PLAN FOR VILLAGE
3 (SECOND READING AND ADOPTION)
RECOMMENDEDACTION
Council adopt the ordinance.
SUMMARY
The Otay Ranch Village 3 North and a Portion of Village 4 sectional Panning Area ("Village 3"),
located at Heritage Road and Main Street (Attachment 1), was approved in December 2014 Otay
Ranch Village 3 North and a Portion of Village 4 sectional Planning Area Plan, et. al), with 1,597
housing units, Office and Industrial uses, Community Purpose Facilities, Open space and Preserve,
a Neighborhood Park and a school site on approximately 436 aures of land. Today the land is owned
by HomeFed Village III Master, LLC (Applicant), and the Applicant is proposing amendments to the
approved SPA plan and related planning documents, as well as a neve Tentative Map, in order to
reconfigure lots, realign streets and modify land uses to make the project more marketable (the
"Project"). The revised Village 3 lan remains consistent with the 2014 residential authorization and
the development area remains substantially"
p within the boundaries of the previously analyzed
development footprint.
As proposed, the Project requires amendments to the Chula Vista General Plan, the Otay Manch
General Development Plan, and the Village 3 SPA Plan, as well as a new Tentative Map and an
Addendum to Final Environmental Impact Deport (FEIR) 13-01.
Item Permit,
General Flan Amendment IM PA 1 6-00 1
General Development Plan Amendment MPA1 1-001
SPA Amendment MPA16-000
Tentative Map PCs 16-0002"
addendum to FEIR 13-01 PER1 6-0001
ENVIRONMENTAL R E V I '." , '`'
Environmental Notice
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The Project was adequately covered in previously adopted Final Environmental Impact Report for the
Otay Ranch University Villages Project - (FEIR 13-01) (CH #2013071077'), and only minor technical
changes were required; therefore Addendum (per16-0001) has been prepared.
Environmental Determination
The City's Director of Development Services has reviewed the Project for compliance with the
California Environmental Quality Act (CEA) and determined that the Project is substantially covered
in the previously adopted Final Environmental Impact Report for the Otay Ranch University Villages
Project - (FEIR 13-01) (CH #20130,71077), that only minor technical changes or additions to this
document are necessary, and that none of the conditions described in Section 15162 of the State
CEA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the
Director of Development Services has caused the preparation of an Addendum to FEIR 13-01
(PER16-00,01) for consideration.
For information, the proposed Water Quality/ hydromod�ification basin south of Main Street is outside
the boundaries of the FEIR 13-01 but was previously evaluated in the Villages 2, 3 and a Portion of
Village 4 Environmental Impact Report (2006).
BOAF D/COMM�ISIO N RECOMMENDATION
On November 9, 2016, the Planning Commission approved Resolution MPA16-0015; MPA16-0016;
MPA16-00108; PCS1�6-01002; PER16-01001, recommending that the Chula Vista City Council (Council)
approve:
1) A Resolution considering the Addendum to FEIR 13-01 and amending the Chula Vista
General Plan and the Otay Ranch General Development Plan; and
2) A Resolution approving amendments to the Otay Ranch Village 3 North and a Portion of
Village 4 Sectional Planning Area (SPA) Plan; and
3) A Resolution approving the Otay Ranch Village 3 North and a Portion of Village 4 Tentative
Map; and
4) An Ordinance amending the Planned Community District Regulations in the Otay Ranch
Village 3 North and a Portion of Village 4 Sectional Planning Area (SPA) Plan; and
DISCUSSION
Chula ' ata General Plan (CVGP)
Applicant proposes to amend very limited portions of the CVGP to facilitate implementation of the
development plan for Otay Ranch Village 3,. With the, proposed amendments, the Village 3 project
will remain consistent with the Chula Vista General Plan's Land Use & Transportation, Economic
Development, Housing, Public Facilities & Services, Environmental and Growth Management
objectives and policies. The proposal includes amendments to CVGP land use designations for the
site, as shown in Attachment 3 and Table 1. he proposed Village 3 plan remains compatible with
adjacent land uses, and no impacts to adjacent development are anticipated.
ITable 1 - Comparison of Land Uses: 2014 SPA to 2016 Project
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Land Uses Proposed Project Approved vs.
Analyzed in 2014 and Uses Proposed Land
FIR Uses
Land Use Acres Ulnits Acres Units Acres Units
Low Mediu n 10.5 51 0 0 -10.5 -51
Residential
Medium Ref 22.4 951 116.8 880 -5.6 -71
Medium HigO 0 25.3 439 +25.3 +439,
Residential
Mixed Use 14.6 595 7.4 278 -7.2 -317
Residential
Mixed Use 11.8 0 0 0 -11.3 0
Commercial
10 03
Prof] & Offi(O 0 8.3 0 _r 8.8 0
Commercial
Industrial 39.9 0 40-61 0 +01.7 0
Park 7.91 0 8.1 0 +01.2 0
Open spat E 129.5 0 129.5 0 0 10
,COthelr
32.3 0 32.4 0 x-0.1 0
TOTAL 1368.4 13,597 368.41 11,597 0.0 01
The Project supports a number of CVG,P Objectives,, but a few of the more pertinent objectives are
identified below:
• CVGP Objective LUT 5 - Designate opportunities for mixed-use areas with higher density
housing that is near shopping, jobs and transit in appropriate locations throughout the City.
• CVGP Objective LUT 61 - Create balanced communities that can provide high quality of life for
residents.
• CVGP Objective LUT 72 - Develop comprehensive, well-integrated, and balanced land uses
within villages and town centers,, compatible with the surrounding area.
Employment Land
The Project has been designed to maintain the level of Office and Industrial (Employment) land.
As detailed above, the Mixed Use Commercial (commercial/office) designation would be
eliminated, and the Professional & Office commercial designation would increase. Although the
Mixed Use Commercial designation is being eliminated, the square footage available for Office
development within the Project increases slightly (1391,370, square feet as opposed to the 139,,3,48
square feet in the 2014 adopted plan). The square footage in the original plan included 64,643
square feet of office in a mixed use configuration and 74,705 square feet on a separate office site,
while the current proposal provides 8.3 acres of Professional and Office Commercial land. This
allows development of the office site in a more marketable configuration�, allowing a multi-story
building and ample parking on the same site, which was not possible under the 2014 plan.
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Active Landfill Buffer
The Project has been designed to comply with regulations prohibiting residential use within 1,000
feet of an active landfill. Although the northern edge of the Mixed Use Residential property falls
within the 1,000-foot Landfill Buffer,1 the, Project's Tentative Map has been conditioned (Tentative
Map Conditions of Approval - Condition No. 47 in Attachment 11), requiring proof from the
Applicant that residential units are at least 1,000 feet from the active landfill area prior to any
building permit being issued. Additionally, the Applicant is required to disclose in the Conditions,
Covenants & Restrictions for each Homeowners Association within the Village that the property is
located in the vicinity of the Otay Landfill (Tentative Map Conditions of Approval - Condition No.
6.c).
Otay Ranch General Development Plan (GLOP)
Amendments to the Otay Ranch General Development Plan are necessary to implement the
proposed revisions to the Village 3 land plan (See Attachment 4). Proposed amendments
include:
1. Add the Office & Professional (0) land use designation to the GDP Land U!se
Designation Table, to support and be compatible with CVGP land use designations)
2. Convert approximately 8.3 acres of designated multi-family and Mixed Use Commercial
(MUC) within the village core to Office and Professional
3. Convert the Mixed Use Commercial (MUC) site (mix of Commercial and Office uses) to
Mixed Use (MU) (unix of retail commercial and residential uses)
4. Modify the boundaries of the Mixed Use (MU), Low Medium Village (LMV) and Medium
(M) residential boundaries, correlating with the new neighborhood boundaries within
Village 3
5. Adjust the distribution of presidential dwelling units by category, while retaining the
previous overall total dwelling units of 1,,597
The proposed Project is desigined in conformance with the Otay Ranch GDP,. The organization of
the land uses within the SPA area meets the GDP objectives of integration and compatibility of
land uses within the villages and with adjacent communities. The SPA and use plan also
supports GDP and use goals and objectives by providing a range of housing and employment
opportunities. The plan continues to adhere to the GDP specific directives for Village 3 to include
a business park and village core (composed of mixed use residential/commercial, office,, school,
neighborhood park, and residential land uses) and residential neighborhoods that offer a variety
of housing styles and densities.
SPA Plan Amendment
The adopted SPA Plan, approved on December 2, 2014, established the vision for Village 3 and
defined the land use character and mix of uses, design criteria,l circulation system, and public
infrastructure requirements for the project. The SPA is now being amended in order to
reconfigure lots, realigin streets and modify land uses in order to make the project more
marketable.
Proposed changes to the Project's land uses are summarized in Table 2 below-.
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Table Z. Net Change in Project's Land Uses
Land UE 014 SPA 016 SPA Net Change
Desiign�a I
Acres SF Units Acres SF Un its Acres S F nits
RESIDD
Single Fe 1,002 11002 1^
Residenti
Multi-Fan 5915 595
Residenti
Tota I Rei 15597 11597 0
DUs
NOW
RESIDEt
Industrial 28.6 29.3 0.7
Office 5.2 74,705 8.3 139,370 P.1 54,555
Mixed Us8,.2 20,000 9.1 20,000 O.Q
Retail
Mixed Usincluded 54,543 0 0 (64,643)
Office
Commun 4.2 0 2.8 10;000 (1.4) 10,000
Purpose
Park 25.7 25.9 .2
School33 10. .
L_ r I - I r I I I I I
The proposed changes are described below:
1. Revise the single family lotting pattern to increase the variety of lot sizes and products:
A wide variety of residential product types is proposed within Village 3, including traditional
single family detached homes on lots ranging in size from 2,600, square feet to 5,0010 square
feet. In addition, single family detached homes are planned on lots served by alleys and
courtyard driveways.
2. Provide a north-south meandering paseo through the single family neighborhoods,
providing a pedestrian connection to the elementary school, neighborhood park and
village core: The proposed paseo builds on the, Village 3 and use plan that established a
pedestrian network featuring the Chula Vista Regional Trail,,, segments of the Chula Vista
Greenbelt Trail and internal network including Village Pathway connections,, enhanced
Promenade Trails, and the Village Trail. This extensive pedestrian network provides
convenient walking routes to and through the village core and provides connections to the
City's regional trail network.
3. Reconfigure the Neighborhood Park: In support of the community focus on wellness and
outdoor activities to enhance the quality of life for future residents, a reconfiguration of the
�Neighborhood Park is proposed. The Village Core contains village-serving commercial/retail
uses, residential uses, office uses, a school site and a Neighborhood Park, creating a synergy
of and uses and an environment where residents may live, work and recreate.
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4. Relocate Community Purpose Facility (CPF) site adjacent to the Neighborhood Park:
With the proposed relocation, two of the project's three CPF sites will be located within the
Village Core, improving access for the residents that are served.
5. Modify central entry street, Avenida Escaya: Enhancements to the primary entrance to the
project, including a grand landscaped median ("Village Green"), will create a sense of arrival
and enhance the viability of the retail and commercial spaces fronting the street.
6. Provide an additional 3.2 acre Office (0) parcel adjacent to the existing Office parcel: In
order to expand the size and marketability of the employment opportunities within Village 3, an
additional 3.2 acres of Office use are proposed. Professional & Office uses are described in
the Village 3 PC District Regulations and may include high technology, bio-technical, bio-
medical and public and semi-public uses. Uses described above are consistent with the
proposed CVP G land use designations.
7. Miscellaneous:
• Unallocated Units - The total number of authorized units (1,597) within Village 3 North
includes 327 authorized, but unallocated dwelling units (DU's) (189 single family and
138 multi-family). These units may be allocated to parcels within Village 3, including,
but not limited to, the Mixed Use parcels and any school site or portion of any school
site snot utilized for school purposes. Alternatively, 'these units may be transferred to
other villages per the density transfer provisions of the SPA Plan.
• Community Purpose Facility(CPF - Pursuant to the Restated and Amended Land Offer
Agreement dated July 8, 2014, the total CPF requirement for the project is four (4)
acres of and. Of the total 4-acre obligation, the Applicant will receive 1.4 acres of CPF
credit for providing 1.8 acres of private parkland onl two private park sites,). The
remaining 2.6-acre CPF obligation will be met via alternative compliance, as authorized
by CVMC 19.48.025(B)(3). The Applicant has proposed an alternate method of
compliance with the CPF requirements for Village 3, whereby the CPF-11 acreage is,
reduced in exchange for zoning 0.914-acre parcel CPF, constructing a 10,000 SF CPF
building,, site and landscape improvements and reduced rent for a qualifying CPF
user/tenant. The Development Services Director has determined that the proposal
meets the criteria for equivalency. A draft agreement is attached as Exhibit 8 to this
report.
• Parking - In response to the potential parking availability conflicts within higher density
neighborhoods, with homes offering 5+ bedrooms, Planned Community District
Regulations have been modified for the RM-2 zone (18+ units/acre), adding a
requirement for an additional 0.5 parking space (onsite) for each bedroom over four (4);
Applicant prepared a Village wide parking exhibit (Attachment 7)
• Private Open Space - California Rooms, which provide a transition from 'Indoor to
outdoor living space and may include features to enhance comfort and encourage
entertaining (such as fireplaces, lighting and fans), may count toward Private Open
Space requirement, subject to Development Services Director review/approval
• Side yard Setbacks for Single Familunits - The minimum side yard setback is, 3.25
y
feet (2014 SPA) but in an effort to address practical aspects (trash, yard waste and
recycling container access/storage), language has been added to require a minimum of
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4 feet of usable side yard space on at least one side of the home, and to require a
minimum distance between detached residences of 7.25 feet
o Industrial Access - The Project includes a minor revision to Industrial parcel access.
The 2014 SPA and TM included two cul-de-sacs providing access, from Heritage Road
to the Industrial parcel. The Proposed project eliminates the cul-de-sacs and provides
driveway access at the same two locations. As a result, the gross, Industrial acreage
increased by 0.7 acres and the internal circulation acreage was decreased accordingly.
However, there are no new impacts associated with this change.
Planned Community District Regulations
Modifications to the PC District Regulations for Village 3 are proposed in order to create a
viable mixed use village core that will create a strong sense of place for residents of Village 3
and surrounding communities and meet market demand for a wider variety of single family lot
sizes, multi-family products and commercial and office uses. Proposed modifications include:
1. Rezoning a Residential Multi-Family parcel to Office
2. Rezoning the Commercial/Mixed Use to Mixed Use/Residential
3. Rezoning the School Site to allow for a greater variation in residential density in the
event a school is not built on the site)
4. Modifying the zoning district boundaries to address plan and lotting changes within
single family neighborhoods
Village Des,ign Plan
The most significant change to the Village Design Plan is the Urban Theme and Character.
The historical agrarian use of the land within Otay Ranch is the inspiration for the theme.
Thematic architecture includes Transitional Spanish, Farmhouse and Ranch styles, interpreted
in a contemporary way. Simple forms with an earth-toned palette comprised of colored stucco,
stone, clay the and wood accents compliment the architectural theme. The Village Core, with
its mix of land uses, will allow for variety but maintains a strong basis, in Farmhouse and
Ranch architecture.
Business Park Guidelines
The Business Park Guidelines have been amended to require a Business Park Master Site
Plan, subject to Design Review, concurrent with the first Design Review Proposal within the
business park.
Public Facilities Financing Plan (PFFP)
Although the number of residential units has not changed since the 2014 PFFP was approved,
the lot sizes, streets, and and use boundaries have been modified, so a Supplemental PFFP
and Updated Fiscal Impact Analysis were prepared (Attachment 5).
The Supplemental Public Facility Finance Plan (Supplemental PFFP) addressed changes to
the public facility ineeeds associated with the Village 3 SPA Plan Amendment. The 2014 PFFP
was prepared consistent with the requirements of the Chula Vista Growth Management
Project and Chapter 9, Growth Management of the Otay Ranch General Development Plan
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(GDP). The preparation of the Supplemental PFFP is required in conjunction with the
preparation of the SPA Plan Amendment for the Project to ensure that the phased
development of the Project is consistent with the overall goals and policies of the CVGP, the
City's Growth Management Program, and the O: tay Ranch GDP,1 which was originally adopted
by the Chula Vista City Council on October 28, 19,93 and may be amended from time to time
to ensure that the, development of the Project will not adversely impact the City's Quality of
Life Threshold Standards. This Supplemental PFFP meets the Otay Ranch GDP policy
objectives.
The Supplemental PFFP is based on the phasing and Project information presented in the
proposed 2016 CVGP, GDP, and Village 3 SPA Amendments. The Applicant prepared
technical analyses to supplement the technical reports associated with the original Project
approvals and 2014 PFFP, to determine whether the Project's proposed amendments resulted
in any changes to financing, constructing or maintaining public facilities witin Village 3. The
2016 technical analyses demonstrate that none of the proposed changes to the Project result
in changes to, Mitigation Measures, Conditions of Approval or Thresholds, established in the
2014 PFFP.
The Village 3 Fiscal Impact Analysis was also updated and shows a revised cumulative deficit
per unit of approximately $85 (compared to, $120, per unit in 2014). This negative impact will
be offset through the collection of a fiscal impact deficit fee of $85 with issuance of each
residential building permit.
Air Quality Improvement Plan
Minor changes have been made to the exhibits to the Air Quality Improvement Plan to reflect
the changes in the Village 3 land use plan. None of the proposed changes to the Project
result in changes to Mitigation Measures, Conditions of Approval or Thresholds established in
the 2014 PFFP.
Fire Protection Plan
Minor changes have been made to the exhibits to the Fire Protection Plan to reflect the
changes in the Village 3 land use plan. None of the proposed changes to the Fire Protection
Plan result in changes to Mitigation Measures, Conditions of Approval or Thresholds
established in the 2014 PFFP.
Preserve �Edge Plan
Changes are proposed to the Preserve Edge, including the minor reconfiguration of lots and
land uses along the Preserve Edge. None of the proposed changes to, the Preserve Edge
result in changes to Mitigation Measures, Conditions of Approval or Thresholds established in
the 2014 PFFP.
Water Conservation Plan
Minor changes have been made to the Water Conservation Plan to reflect the changes in the
Village 3 land use plan. None of the proposed changes to the Water Conservation Plan result
in changes to Mitigation Measures, Conditions of Approval or Thresholds established in the
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2014 PFFP.
Energy Conservation Plan
Minor changes have been made to the exhibits tote Energy Conservation an to reflect the
changes in the Village 3 land use plan,. None of the proposed changes to the Energy
Conservation Plan result in changes, to Mitigation Measures, Conditions of Approval or
Thresholds established in the 2014 PFFP.
V%
Affordabile Housing Plan
Minor amendments proposed to the Affordable Housing Plan, allowing "up to" 80 moderate
units and "up to" 80 low income units to be buiilt on site. Potential affordable housing locations
are limited to the Mixed Use (MU-2) site and the School (S-1) site. The School site would only
be developed with residential iinl the event the school is not built in that location.
Agricultural Plan
No changes are proposed to the Agricultural Plan.
Community Purpose Facility Agreement
A Community Purpose Facility (CPF) Agreement has been prepared, pursuant to the Chula Vista
Municipal Code, Section 19.48.025(B)(3,). The Code allows, subject to the discretion of the
Development Services Director and recommendation from the Planning Commission, an alternative
compliance mechanism to provide CPF, provide such alternative mechanism meets certain
requirements. Of the Project's total 4-acre CPF obligation, 1.4, acres is met through the designation
of two private recreationl facilities (private parks), consistent with CVMC, Section 19-48-025.
The Applicant has proposed an alternative compliance mechanism for one of'the three CPF sites
within Village 3 (CPF-1 was originally designated as a 2.6-acre parcel). The proposal meets, the
Code requirements for alternative compliance as follows:
i. The proposal is equivalent to the CPF acreage otherwise required by Section 19.48.025(B) of
the Code. The City finds that this alternative compliance mechanism more than satisfies
the requirement of 2.6 acres of CP,F acreage as follows: 01.94 acre CPF land credit, credit
of 1.0 acre for the construction of the 10,000 square foot or more building and a credit of
0.66 acres for the rent reduction and the construction of the on-site improvements for the
CPF Project and related soft costs. Exhibit "D" to CPF Attachment demonstrates a
numerical summary of the alternative compliance.
No
/I. The altemative meets the definition of a CPF use in Section 19.48.025(C), of the Code. Prior to
any conveyance of the CPF Project to, a tird party, Developer shall record in the Official
Records of San Diego County an instrument approved by the Development Services
Director that restricts the use of the CPF Project to CPF uses iinl perpetuity. The initial use
of the CPF Project will be a non-profit daycare facility and a non-profit wellness center.
Other potential future CPF uses are shown in Exhibit "E" to CPF Attachment.
/I/. The alternative compliance mechanism Is guaranteed In perpetuity. Prior to any conveyance
of the CPF Project to a third party, Developer shall record in the Official Records of San
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Diego County an instrument approved by the Development Services Director that restricts
the use of the CPE Project to CP F uses in perpetuity.
iv. At the time of the consideration by the Planning Commission, the applicant has executed a
binding agreement, reviewed and approved as to form by the City Attorney, which ensures
the availability of the alternative compliance mechanism in perpetuity. The Planning
Commission considered the CPE Agreement at its hearing on November 9, 2016.
Park Agreement
The Chula Vista Municipal Code, Section 17.10, requires that development projects provide land and
improvements for neighborhood and community parks and recreational facilities; however, in the
event that a project cannot provide parkland within its boundaries,, the Code allows for in-lieu fees to
be paid for all or a portion of the parklanld obligation.
The Village 3 Project requires approximately 12.2 acres of parkland, and its, SPA Plan allows for off-
site dedication of park sites within the Village 4 Com�munlity Park. The Applicant will satisfy a portion
of its park requirement by providing a Neighborhood Park (7.5 acres) in Village 3 in "turnkey''
condition. The Project's remaining park requirement will be satisfied with the dedication of parkland
(4.7 acres) and payment of in-lieu development fees, for the Community Park in Village 4.
A Park Agreement (See Park Agreement Attachment) has beenl prepared, detailing the terms and
conditions for the Project's compliance with its parkland obligation requirements.
Affordable Housing Agreement
The Village 3 Project is required to build 80 low income housing units and 80 moderate income
housing units ("Village 3 Affordable Housing Obligation") based upon 10% of the total number of
residential unlits of 1,,597 authorized within Village 3.
The Tentative Map for Village 3 requires the Owner to enter into an Affordable Housing Agreement
("Village 3 Agreement") with the City of Chula Vista., The Affordable Housing Agreement (see
attachment below) describes the terms and conditions for Village 3 to meet its Affordable Housing
Obligation.
Housing Transfer Agreement
Pursuant to the Village 3 SPA Plan, the Village 3 Affordable HousUng Obligation may be deferred/
transferred to a future village or location within Otay Ranch, provided that the recipient village is
owned by Village 3 Owner or its affiliate. The Housing Transfer Agreement (see attachment below),
describes the terms and conditions whereby a portion of Village 3's Affordable Housing Obligation (64
low income housing units and 33 moderate income housing units) shall be transferred to the
development of Otay Ranch Villages 8 West and East (collective y, "Village 8"). Village 8 Owner is
an affiliate of Village 3 Owner.
Grant of Easement, License and Maintenance Agreement
The City will enter into the Grant of Easements, License and MaUntenance Agreement ("GELMA")
with the Master Developer to grant non-exclusive easements and rights of way across City-owned
property in order to maintain landscaping, geol-grid was and other improvements. HomeFed Village
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III Master, LLC (Owner), will initially be responsible for the maintenance obligations but these will be
transferred to the Escaya Community Association or other sub-associations in the future. The
GELMA includes insurance and indemnity obligations in favor of the City.
Basin Maintenance Agreement
The City and the Master Developer will enter into the Basin Maintenance Agreement for The Otay
Ranch Village 3, in order to impose, maintenance obligations for the storm water basins servicing Otay
Ranch Village 3. In addition, the Basin Maintenance Agreement imposes obligations upon the Master
Developer to post security with the City to ensure, continued maintenance of the basins. The Master
Developer will initially have responsibility for the maintenance obligations and the security posting
obligations; however, these obligations will ultimately be transferred to the Escaya Community
Association.
EIR Addendum
The City's Director of Development Services has reviewed the Project for compliance with the
California Environmental Quality Act {CEA) and determined that the Project is substantially covered
in the, previously adopted Final Environmental Impact Report for the Otay Ranch University Villages
Project - (FEIR 13-01) (SCH #20130171077), that only minor technical changes or additions to this
document are necessary, and that none of the conditions described in Section 15162 of the State
CEA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the
Director of Development Services has caused the preparation of an Addendum to FEIR 13-01
(PER16-00,01) for consideration.
Tentative Map
The Tentative Map reflects the Project's land use plan, as described above.
Access to the project area is provided from Heritage Road via Main Street. Avenida E,scaya is the
primary access point into Village 3, with secondary access, from Santa Maya and Paseo Cultura. All
streets will conform to the guidelines set forth in the Village 3 SPA plan and City of Chula Vista street
design guidelines.
The subdivision consists of Single Family, Multi-Family and Mixed Use lots,, along with Office,
0
Industrial, CPP, School, Parks and Open Space lots. The subdivision ,is planned for 1,597 units, 327
of which may be transferred to another Village in the future.
The Village 3 site is bordered by Heritage Road to the west and north, Main Street to the south,, and
open space to the east. The topography of the site is sloped, descending from northeast to
southwest. Water quality basins are located south and east of the site. Grading plans shall conform
to the City's Subdivision Manual and the City's Development Storm Water Manual requirements.
DECISION-MAKER CONFLICT
Staff has, reviewed the property holdings of the City Council members and has found no property
holdings within 500 feet of the boundaries of the property which is, the subject of this action.
Consequently, this item does not present a disqualifying real property-related financial conflict of
interest under California Code of' Regulations T'itle 2, section 18'702.2(a)(11 , for purposes of the
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File#: 16-0591, Item#: 3.
Political Reform Act (Cal. Gov't Code §871 oo,et seq.).
Staff is not 'independently aware, and has not been informed by any Council member, of any other
fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The Village 3 Project
supports the economic vitality goal, particularly City Initiative 2.1-3 (Promote and support
development of quality master-planned communities). The subsequent SPA Plan amendment
implementation documents (the SPA Plan, Tentative Map, PIIS Addendum) support the development
of a high-quality master-planned community (as described above) with a park, jobs, shopping and
other amenities, all within walking distance for residents.
CURRENT YEAR FISCAL IMPACT
All application fees and processing costs are borne by the Applicant, resulting in no net impact to the
General Fund or the Development Services Fund.
ONGOING FISCAL IMPACT
The proposed project results in no net increase in residential units within Village 3.
The Updated Fiscal Impact Analysis (Updated F'IA) for Village 3 reflects the construction of 1,270 of
the total 1,597 authorized residential u�nlits (see previous discussion of Unallocated Ulnits) and minor
adjustments to non-residential uses as, previously discussed.
The Updated FIA estimates that by Year 4 of Project buildout, the fiscal impact to the City would be
net positive (approximately $145,0100), with increasingly positive impacts through buildout. At
buildout (Year 17), the Project is anticipated to generate a positive net fiscal impact of approximately
$3201,000 annually. This reflects a decrease of nearly $80,000 from the approved project, which was
anticipated to generate annual ongoi�ngi positive impacts of approximately $400,000.
Fiscal Impact Deficit Fee
As established with the approved project, the fiscal impact has, been aggregated for Village 3, Village
8 East and Village 10. A fiscal 'impact deficit per unit has been calculated based on a comprehens,ive
schedule for the three villages, summing the years, with a negative fiscal impact and d�ividnlg by the
sum of the total residential units in the subject villages to determine an appropriate fiscal 'impact
deficit fee. The negative fiscal impacts, projected are primarily attributable to the other villages
included in the analysis (Village 8 East and Village 10). A fiscal impact deficit mitigation amount of
$85 per unlit is indicated in the current analysis, wich will be collected prior to building permit
issuance (see Attachment 16, DraftCity Council TM Resolution, Tentative Map Condition of Approval
No. 13).
Staff Contact.- Janice Kath, ACL, Project Manager
City of Chula Vista Page 12 of 12 Printed on 12/8/20116
2016-12-13 Agenda Packet Z,Page 53
SECOND REAUINGAND ADOPTION
2016-
ORDINANCE OF THE CITY OF CHULA VISTA, APPROVING
AMENDMENTS TO THE OTAY RANCH VILLAGE 3 NORTH
AND A PORTION F VILLAGE 4 SECTIONAL PLANNING
AREA (VILLAGE 3 SPA) PLAT'S PLANNED COMMUNITY
DISTRICT REGULATIONS TO MODIFY ZONINGI CLARIFY
DEVELOPMENT STANDARDS, REVISE REQUIREMENTS,
AND ADD PERFORMANCE STANDARDS IN COMPLIANCE
WITH THE AMENDED SPA PLAT FOR VILLAGE
I. RECITALS
WHEREAS, the parcels that are the subject matter of this Ordinance are represented in
Exhibit A. attached hereto and incorporated herein, by this reference, and for the purpose of
general description are located in the northern portion of tay Manch Village 3 (Project Site);
and
WHEREAS, on December 2, 2014, the Otay Manch Village 3 North: and a portion of
Village 4 Sectional Planning Area (Village 3 SPA) Flan, including Planned Community District
Regulations, was approved (Resolution, 2014-234), establishing policies to guide the
development of the Project Site, a pattern of land uses and circulation, and zoning for the
property. Additionally, City Council., in the environmental evaluation of the Village 3 SPA,
reviewed, considered and certified the Final.EIR (FEIR 13-01) and adopted the Findings of Fact,
► tatement of Overriding Considerations, and Mitigation, Monitoring and deporting Program for
the Village 3 project; and
WHEREAS, in early 2016, duly verified concurrent applications were filed with the tit
of Chula Vista by Ho neFed Tillage 111 Master, LLC (Applicant) requesting amendments to the
Chula Vista General. Plan (CVGP), the Otay Manch General Development Plan (GDP), the Otay
Ranch ,Tillage 3 North and a portion, of Village 4 Sectional Planning area (Village 3 SpA) .flan;
a new Tentative Map, and an.Addendum to FEIR. 13-01 for the Village 3 project; and
WHEREAS, on ,Tune 23, 2016, a duly verified application was filed with the City of
Chula Nista Development Services Department by Applicant requesting approval of amendments
to the Village 3 SPA Plan's Planned Community District Regulations to modify .coning, clarify
development standards, revise requirements, and add performance standards in, compliance with
the amended SPA Plan for Village 3 (the Project ; and
WHEREAS, the Project is intended to ensure that Otay Ranch Village 3 is prepared in
accordance with the CVGP for Eastern Chula Nista, to promote the orderly planning and long
term phased development of the GDP, and to establish conditions which will enable Otay Ranch
Tillage 3 to exist in harmony within,the community; and
WHEREAS, the Applicant held a duly noticed Community Meeting at 6 per: on October
2016 in the Public works Lunch Room at 1600 Maxwell Road, Chula Vista; and
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SECOND READINGAND ADOPTION
WHEREAS, the City's Development Services Director has reviewed the Project for
compliance with the California Environmental Quality Act (CCEQA, and determined that the
Project is substantially covered in the previously adopted FEIR 13-01 (SCH #2013071077), that
only minor technical changes or additions to this document are necessary, and that none of the
conditions described in Section 15162 of the State CEA Guidelines calling for the preparation
of a subsequent document have occurred; therefore, the Development Services Director has
caused the preparation of an Addendum to FEIR 13-01 (PER 16-0001 for consideration; and
WHEREAS, the Development Services Director set the time and place for a Planning
Commission hearing on the project, and notice of said hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the City and its mailing to
property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior
to the hearing; and
WHEREAS, the Planning Commission held the advertised hearing at 6,-00 PM on
November 9, 2016, in the Council Chambers, 276 Fourth Avenue, adopting Resolution MPA 16-
00081 MPA 16-0015, MPA 16-0016, PCS16-0002, PER 16-0001, recommending that the City
CS A
Council consider the Addendum to FEIR 13-01; amend the GGDP
P, and Village 3 PI-111
including the Planned Community District Regulations; and approve the Tentative Map; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on the Project and the minutes and Resolution resulting
therefrom, are incorporated into the record of this proceeding; and
WHEREAS, the City Clerk set the time and place for the hearing on the Project
application and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City and its mailing to property owners within 500 feet of
the exterior boundary of the Project, at least ten (10) days prior to the hearing; and
WHEREAS, a duly noticed and called public hearing on the Project was held before the
City Council of the City of Chula Vista in the Council Chambers in City Hall, 276 Fourth
Avenue, to receive the recommendations of the Planning Commission, and to hear public
testimony with regard to the same.
NOW, THEREFORE, the City Council, of the City of Chula Vista does hereby find,
determine and ordain as follows:
II. FINDINGS
A. THE SPA PLAN'S PLANNED COMMUNITY DISTRICT REGULATIONS, AS
AMENDED, ARE IN CONFORMITY WITH THE O�TAY RANCH GENERAL
DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN AND ITS
SEVERAL ELEMENTS.
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SECOND READINGAND ADOPTION
The City Council finds that the proposed amendments to the Village 3 SPA Plan's
Planned Community District Regulations are in conformance with the elements of the
City of Chula Vista General Plan and associated regulatory documents and with the
Otay Ranch General Development Plan.
1. Land Use and Transportation
General Plan General Dev Plan SPA Plan
Residential Medium Medium Density Residential Single Family 4(SF-4)—
permits densities< I I 'units/acre-,
Residential Multi-Family One
(R,M-1)—permits densities of 11-18
units/acre including sll lot SF,
alley homes,duplexes,townhouses,
rowhouses,courtyard/clusters,and
stacked flats
Residential Medium Medium High Density Residential Multi-Family Two
High Residential (RM-2)—permits densities>1 8
units/acre
Mixed Use Mixed Use Mixed,Use/Residential(MU-1)
Residential —neighborhood commercial with
residential above
Professional & Office Office Office(0)—office and flexible
Commercial use buildings
Industrial Research &Limited Industrial Industrial (4),—industrial,, light
manufacturing,warehousing,
flexible use buildings,public
utilities,limited
restaurant/retai]/office orienteduse
Open Space Open Space Open Space I (OS-1)permits
developed or usable op
' en space and
park uses,,may include naturalized
op
' en space;Open Space 2 (OS-2)
permits tural, undisturbed and/or
restored oplen space whici.is,part of
the Otay Ranch Preserve
Parks &Recreation Parks& Recreation Parks(P)permits allowable
open space and park uses including
community, arks, neighborhood
p
parks,pedestrian parks,town
squares and private parks
Public &Quasi Public &Quasi Public Community Purpose Facility
Public (CPF)
The proposed project is consistent with theGP, and GDP land use
designations. It contains all the requisite land uses in accordance with the
Otay Ranch Village 3 General Plan, Land Use Diagram.
The zones in the Project's Planned Community District Regulations are
consistent with the GDP land use designations, as shown in the Otay Ranch
GDP/SRP Land Use Plan,.
The Project is consistent with and implements the CVGP and GDP by
establishing developable parcels, public improvements and public facilities
that will create a mixed-use urban pedestrian village with a village core that
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SECOND READINGAND ADOPTION
contains complementary land uses, including community purpose facilities,
a public school and parks, and residential neighborhoods that offer a variety
of housing types and densities. The Mixed-Use Village Core is comprised of
integrated commercial, residential, and office uses, encouraging residents to
utilize alternative modes of transportation such as pedestrian sidewalks and
trails, and bicycle lanes.
The Project has been designed to include a transportation system that
complies with the requirements of the City of Chula Vista's General. Plan,
Otay Ranch General Development Plan and Otay Ranch Village 3 North and
a Portion of Village 4 SPA Plan,. The transportation system includes a
hierarchy of streets, each providing accommodations for pedestrian
walkways and bicycle ways. Reduced lane widths will enhance pedestrian
comfort and safety in the Village Core, and Mixed-Use Residential districts.
The construction of the transportation system, will be phased in accordance
with the Village 3 SPA's Public Facilities Financing Plan, (PFFP), such that
the development of the circulation system will precede planned growth and
maintain acceptable levels of service, as required by the City's Growth
Management Program.
I Economic Development
The Project will contribute to the economic base of the City by providing a
mixed use Village Core that will provide for a range of Single and Multi-
family residential product types that will enhance the image and appearance
of the Otay Ranch community and will benefit the local. economy. The
development of a business park and office components provide a strong
employment base along with a mixed-use commercial/residential. area.
Approval of the Project will help achieve the General Plan objectives that
seek to promote a variety of job and housing opportunities to improve the
City's jobs/housing balance, provide a diverse economic base, and
encourage the growth of small businesses.
2. Housin_
The Project will provide a variety of housing types, including single-and
multi-family residential home ownership opportunities, as well as affordable
housing opportunities, as required by the Affordable Housing Plan prepared
for the Project. The Project has been conditioned to require that the
Applicant enter into an agreement to provide affordable housing prior to the
approval. of the first Final Map. Thus the Project is consistent with the
Housing Element of the City's General Plan by providing additional
opportunities for high-quality, market-rate single-family residential home
ownership in the southeastern portion of the City.
3. Public Facilities and Services
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SECOND READINGAN'D ADOPTION
The project has been conditioned to ensure that all necessary public, facilities
and services will be available to serve the project concurrent with the
demand for those services. A Supplemental PFFD has been prepared to
analyze the demand generated by the Project, and the phasing needs created
by the Project.
Schools - To fulfill educational needs of students residing in Village 3, an
elementary school site of approximately 8.3 gross acres has been reserved as
described in the PFFD for acquisition by the Chula Vista Elementary School
District. The 2016 Project maintains the same mix of single family, multi,-
family and mixed use dwelling units as authorized in the 2014 SPA and
therefore the Chula Vista Elementary School District would be able to
accommodate the number of students generated by the Project - the existing
schools would not be adversely impacted by the approval of the Project.
Sewer-The Project Site is within the boundaries of the City of Chula Vista
wastewater services area. Sewer capacity needs for the Project, in
conjunction with long-term growth in,the area, were analyzed in the 2014
PFFP, and a supplement to the prior evaluation was prepared based on the
2016 SPA Plan. Overall, the 2016 Project would result in a 2.8%, decrease of
wastewater generated. Sewer capacity will. be available to serve the Project
subject to the PFFD requirements, which are included as Conditions of
Approval for the Project. Based on these requirements, no adverse impacts
to the City's sewer system, or City's sewer threshold standards will occur as
a result of the Project.
Parks -The Project has been conditioned to dedicate parkland for a 7.5 net-
acre Neighborhood Park and approximately 4.7 net-acres of Community
Park, pursuant to the PFFP. The Project maintains the same mix of single
family detached and multi-family attached dwelling units as authorized in
the 201 SPA Plan and therefore generates the same demand for public
parks. However, because the Project may ultimately construct fewer units
than authorized (1,597 units are authorized, but only 1,270 of those units
have been allocated. The remaining 327 unallocated units may be
developed at a later date or transferred to another village), the demand for
public park land based on the decreased build-out of Village 3 has been
prepared. Should the unallocated units be built in, Village 3, a new map
would be required, and parkland obligations and other impacts would be
fulfilled at such time. The Project must comply with the requirements and
FEIR Mitigation Measures identified in the 2014 PFFP.
Services -The Project has been conditioned to ensure that all.necessary
public facilities and services will be available to serve the Project concurrent
with the demand for those services. The City Engineer, Fire and Police
Departments have reviewed the proposed revisions to the Village 3 SPA
Plan for conformance with City safety policies and have determined that the
proposal generates the same demand and therefore continues to meet those
standards. Project construction will be required to comply with the
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SECOND READ.INGAND ADOPTION
applicable California Green Building Standards, the City's Green Building
Standards and the City's Energy Efficiency Ordinance in affect at the time
of building permit issuance, ensuring energy-efficient homes will be
developed.
6. Environmental
The Project FEIR-13-01 addressed the goals and policies of the
Environmental Element of the General Plan, and found development of this
site to be consistent with these goals and policies. Only minor technical
changes or additions to the FEIR are necessary as a result of the SPA
amendment, and none of the conditions described in Section 15162 of the
State CEQA Guidelines calling for the preparation of a subsequent
document have occurred; therefore, the Development Services Director has
caused the preparation of an Addendum to FEIR 13-01 for consideration.
7. Growth Management
The Pro ect is in compliance with applicable Growth Management Element
j
requirements according to the Supplemental PFFP that has been prepared as
required by the Growth Management Ordinance. The PFFP requirements
have been included in the Project's Conditions of Approval.
B. THE SPA PLAN'S PLANNED COMMU-NITY DISTRICT REGULATIONS, AS
AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED
DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS.
The Village 3 SPA Plan's Planned Community District Regulations, as amended, will
maintain existing provisions and requirements to implement the CVGP for the East
Area Plan, promote the orderly planning of the Otay Ranch GDP area, and provide the
social., physical, and economic advantages resulting from comprehensive and orderly
planned use of land resources.
C. THE SPA PLAN'S PLANNED COMMUNITY DISTRICT REGULATIONS, AS
AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE,
RESIDENTIAL ENJOYMENT, CIRCULATION, OR ENVIRONMENTAL
QUALITY.
The Planned Community District Regulations for Village 3 are designed to provide
compatible development with surrounding communities, establishing conditions which
will enable the SPA to exist in harmony within the larger Otay Ranch community.
BE IT FURTHER ORDAINED, based on the findings above, the City Council hereby
approves the Village 3 SPA Plan's Planned Community District Regulations as amended, on file in
the Office of the City Clerk, and incorporated herein by this reference, subject to the conditions set
forth below:
Ill. APPROVAL OF PROPOSED AMENDMENTS
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SECOND READINGAN'D ADOPTION
A. Prior to the 30th day after this Ordinance becomes effective,the Applicant shall prepare
a clean copy of the SPA Plan document by deleting all strike out/underlines and
shading. Where the document contains an, existing and proposed exhibit, the previous
existing exhibit shall be removed and substituted. In addition, the revised text,
document format, maps and statistical changes within the Village 3 SPA Plan's Planned
Community District Regulations shall be approved by the Director of Development
Services for printing prior to incorporating said revisions into the final, document.
B. Prior to the 30tb day after this Ordinance becomes effective, the Applicant shall submit
to the Development Services Department 10 copies and a CD of the approved
amendment to the Village 3 SPA Plan's Planned Community District Regulations.
C. The Applicant shall comply with all the Conditions of Approval of the amended Village
3 SPA Plan and the adopted SPA Plan,.
V. SEVERABILITY
If any portion of this Ordinance or its application to any person or circumstance is for any
reason held to be invalid, unenforceable or unconstitutional by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional..
V. CONSTRUCTION
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable State and Federal law, and this Ordinance shall be construed
in light of that intent.
VL EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
V11. PUBLICATION
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by: Approved as to form by:
Kelly Broughton, FSALA Glen R. Googins
Development Services Director City Attorney
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2016-12-13 Agenda Packet Page 60
SECOND READINGAND ADOPTION
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2016-12-13 Agenda Packet Page 61
ANNI f1.00000
City of Chula Vista
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CHULAVISTA
Staff Report
ile#: 16-0592, Item#: 4.
ORDINANCE O THE CITY of C ULA VISTA APPROVING AMENDMENTS TO THE EASTERN
URBAN CENTER SECTIONAL PLANNING AREA (SPA) PLAN TO CHANGE THE BUILDING
HEIGH'T' REQUIREMENTS WITHIN A PORTION OF DISTRICT 1 MPA1 -0003) (SECOND
READING AND ADOPTION)
RECOMMENDED ACTION
Council adopt the ordinance.
SUMMARY
The Mil len is project (formerly known as the Eastern Urban Center) includes approximately 207 acres
of land owned b
SLF IV/Mil enia, LLC (Applicant). Mi lenia is located along the SR 125 to lway
between Birch Road and the future Hunte Parkway/Main street extension (Attachment 1), and is
approved for approximately 3.5 million square feet of' non-residential uses, and 2,983 multi-family
housing units.
The approved Eastern Urban Center EUC) SPA Plan currently requires development within the
Gateway Mixed Use Commercial District 1 (Gateway District 1) to have a minimum average building
height of 40 feet or 3-stories within a designated portion of this District. The Applicant has submitted
a Major Project Application (MPA) to amend the SPA Plan to relocate the boundary between two
building height categories within District 1 to reduce the requ'ired building height to conform to the
footprint of the Detail Center proposed by sudberry Properties.
In addition to a MPA, a Design Review Permit (CSR) is required forte proposed sudblerry Retail
Center. The project is subject to the consolidated per it processing provisions pursuant to Chula
Vista Municipal Code (CVMC)C section 19.14.050.C. Under the consolidated review process, the City
Council is previewing and acting on the SPA plan amendment, and the [design Review.
ENVIRONMENTAL REVIEW
Environmental enta Notice
The Director of Development services has reviewed the proposed project for compliance with the
California Environmental Quality Act CEA and has determined that the proposed project was,
adequately covered in previously adopted Final second "Tier Environmental Impact Deport EIR-0o7-
01 ; thins, no further environmental review is required.
Environmental Determination
The Director of Development services has reviewed the proposed project for compliance with the
California Environmental Quality Act CEA and has determined that the proposed project was,
adequately covered in previously adopted Final second "Tier Environmental Impact Deport EIR-0o7-
01 ; thins, no further environmental review is required.
City of Chula Vista Page 1 of 9 (Printed on 12/8/20118
2016-12-13 Agenda Packet ,Page 62
File#: 16-0592, Item#: 4.
BOARDICOMMISSION RECOMMENDATION
Per Government Code section 65453,, the proposed SPA amendment requires a recommendation of
the Planning Commission prior to the review by the City Council. The, Planning Commission adopted
Resolution MPA16-0003 (Attachment 2) on November 9, 2016 recommending the approval of the
SPA amendment to allow the change of height requirements in a portion of District 1. Vote was 5-0
with Commissioners Calvo and Nava absent.
DISCUSSION
SPA Amendment
The adopted SPA Plan, approved on September 15, 2009, establishes the vision for Millenia, and
defines the land use character and mix, design criteria, transportation system, and public
infrastructure requirements for the project. The SPA Plan proposes a flexible regulatory framework
that provides for a variety of possible and use, scenarios for each district and is intended to allow the
project to respond to market cycles.
Millenia is divided into 10 Community Districts, and the SPA contains a Table of Requirements for
each district that identifies the dominant land use, number of dwelling units, non-residential square
footage permitted (office and retail), building setbacks, and other requirements and development
standards.
The Millenia. Form Based Code (FBC includes several Regulating Plans/maps which serve to define
the structure and form of the Millenia project. These maps include the Site Utilization Plan which
defines land use and intensity, the Dominant Land Use Map which identifies the dominant land use
for each district, and the Minimum Average Building Heights (MAH) plan which identifies average
building heights throughout the project. Exhibit 111-291 of the FBC (Attachment 3, Page 3,) shows that
there are four distinct minimum average building heights within Millenia. Two of these, MH-1 (one-
story minimum average height), and MH-3 (three-story minimum average height) are contained within
the Gateway District 1. Attachment 3, page 1, shows the existing configuration of the boundary
between these two MAH areas.
The current boundary line between the MH-1 and MH-3 building height categories contained in
Gateway District 1 was set based on conceptual level planning rather than land use district
boundaries, tentative, or final mapping. The previous development concept for District 1 anticipated
that one-story retail buildings would be constructed in the northern portion of both Lots 2 and 3, and
that a three-story hotel would be constructed to the south. However, when the site was more recently
plotted out, the four-story Ayers Hotel was approved further to the south in District 1, leaving room for
an expanded retail commercial project to be proposed north of the hotel.
Sudberry Development has submitted plans to develop a retail commercial project which extends
further to the south on Lot 2 than the original conceptual retail buildings, and replaces the
"conceptual y located" three-story hotel there. The, proposal is to adjust the boundary of the MH-1 and
MH-3 building height categories to conform to the proposed Sudberry retail project (see Attachment
3, page 2).
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The proposal would expand the portion of Lot 2 which is subject to the one story minimum height.
While the Sudberry retail project spans Lots 2 and 3, this amendment only applies to the portion of
the proposed project on Lot 2. The portion of the project on Lot 3 fully complies with the height
regulations found in the SPA Plan.
With a proposed building height of 37 feet, the actual building height will be closer to the existing
average building height requirement of 40, feet (required by the MH3 average building height) than
the minimum average building height of 25 feet (required by the MH1 average building height).
The size of the retail project on Lot 2 is driving the need to expand the boundary of the MH-1
boundary. The size of the project is based on the square footage of leasable space which is needed
to create a viable mix of tenants and, more importantly, to ensure, an economically feasible
development project which can be financed and constructed. While the same square footage of
leasable space could be created by adding stories, that approach would both increase the, projects
costs, and reduce its revenues due to the challenges of leasing space above the ground floor in any
retail project. Sudberry Properties has confirmed that this approach would render the project
infeasible. In addition, "boutique" retail, financial, and food establishments are beingi proposed within
of 3 of the District.
Other projects in Millenia have either conformed with the minimum average heights in the plan, or, in
the case of both the Ayres Hotel and the Alexan Apartments by Trammell Crow exceeded the
minimum average heights.
Millenia Retail Center by Sud berry Development
The Applicant is proposing a 130,801 square foot retail shopping center on two lots in the Millenia
Master Plan Community, which are both located along the Birch Road frontage of the Millenia site.
of 2 is 9.8 acres in size and is proposed to be developed with 105,534 square feet of retail space
and 455 parking spaces. Lot 3 is, 2.6 acres in size and is proposed to be developed with 25,267
square feet of retail space and 130 parking spaces. (Attachment 5, Project Site Summary, page 2)
Compliance with the E Form Based Code
The following Project data shows the development regulations along with the applicant's proposal to
meet said requirements:
Assessor's Parcel Number: 643-060-52 & 53
Current Zoning: District 1
General Plan Designation: EUC
of Area: 12.5 acres
Parking required: 583 spaces
Parking proposed: 585 spaces
Setbacks required:
0-10 feet along Millenia Avenue, Orion Avenue and Birch Road.
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File#: 16-0592, Item#: 4.
Setbacks proposed:
The building setbacks from Millenia Avenue and Birch Road vary from 1' at the closest
point, increasing to a maximum setback of approximately 80 feet from the property line.
This is due to the project I s location along four- and six-lane imajor roads (Birch Road and
�Millenia Avenue) that require auto-oriented visibility and access,. This is a permitted setback
exception in the Millenia, SPA plan Section 03.11.003 (b). In addition, the larger setbacks
along Birch Road on Lot 2 are partially attributable to a large existing slope which is
located between the development pad and the street.
No buildings are located alongi the Orion Avenue frontage.
Building Height required:
MI11-minimum average building height of 11 story or 25 foot high minimum, and a
building height range of 1-7 stories,
• MI13-minimum average build�ing height of 3 stories or 40 feet, and a building height
range of 1-7 stories.
Building Height proposed:
One story (minimum of 25 feet in height).
The EUC Fc identifies Dominant Land Use categories for each of its Districts. The dominant land
use for District 11 is Business/Retail. Sections 02.011�.003 thIru 02.01.005 (Attachment 3, EUC F
Gateway Mixed Use Commercial District, pages 11-4 - 11-5) describe overall site planning, architectural
and landscaping principles that ensure projects within this District utilize des'ignl strategies that will:
0 Incorporate a central entry plaza or feature as the place-making focal point of the district;
orient buildings to define this space.
0 Use architectural treatment of the facades, as well as landscaping to visually screen and
further reduce the visual impact of the parking lots and/or structures.
0 Coordinate vehicular and pedestrian connection to the Business District.
0 Screen parking structures andlor lots. This should be done through proper orientation of
buildings especially along Street "A" (Millenia Avenue) as well as Birch Road. However,
landscape screening or other methods may be used.
0 Include pedestrian connections that link urban parks and paths.
0 Ensure limited access to Birch Road.
0 The alignment of the fogging path shall be determined during the Design Review and the
I
comprehensive block planning process. It may weave into the development rather than a
continuous frontage along SR,-125.
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• Design high-quality buildings to highlight the gateway and announce the district from SR125
-If
and Birch Road, giving particular attention to providing iconic architecture.
;,%l
• Introduce 'Iconic ArchitectureYY at the intersection with Birch Road to mark this as a special
entry portal.
• Put active uses on comers to attract customers and to create excitement.
• Provide canopy shade trees In public/outdoor spaces and places to sit in the sun or shade.
Outlined below is a discussion as to how the proposed project conforms to the development
standards and applicable guidelines.
Site Planning
The project consists of eight buildings (A-H) on Lot 2 and four buildings ( -L on Lot 3. A highly
amenitized central plaza space has been designed along Millenia Avenue, just south of Birch Road
between Buildings E and F which includes several seating areas, an outdoor fireplace, and raised
planters, with canopy trees. In addition, outdoor seating areas have been provided at the corner of
Birch and Millenia which will provide activity at the primary gateway entrance to Millenia. Other focal
areas and outdoor seating are provided in the retail area on Lot 3 at the entrance to the private
section of' Metro Avenue (Millenia)s "Main Street"). All of these activity areas are either integral to, or
framed by, the adjacent buildings (Attachment 5, Project Plans pages 14 - 18, and 43)
Access to Lot 2 is via two signalized driveways on Millenia Avenue - one at Artisan Street and the
second a joint driveway at Stylus Street which is shared with the approved Ayres Hotel to the south.
It should be noted that the design of this driveway, including the plantings, lighting and other
elements, has been coordinated with the hotel developer to ensure consistency of design
Access to lot 3 is via unsignalized access points on both Millenia Avenue and Orion Street, as well
as, a planned right-in�/right-out access driveway from Birch Road. This access point was approved as
part of the Millenia SPA Plan and Tentative Map and serves as the northerly extension of Metro
Avenue to Birch Road. The key design elements for this driveway are being coordinated between the
retail project and the Alexan apartment project to the south to ensure design continuity and to create
a strong sense, of arrival (Project Plans pages 2 - 5, and 45).
The primary pedestrian routes to the project will be via sidewalks along B,irch Road, illenia and
Orion Avenues, and along the driveway linking Birch Road to Artisan Street. The project will also
include a segment of the Millenia jogging path which is to be located directly beind the sidewalk
along Millenia Avenue, between Birch Road and Stylus Street. This jogging trail is intended to serve
as an independent recreational amenity linking the Gateway Mixed Use, Commercial, Business and
Southwestern Neighborhood Districts to the Regional Trail and to Millenia planned parks. The jogging
path is a separate legal lot from the retail parcel, but will be constructed as part of the project and
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maintained by the Millenia Community Association (Project Plans pages 19, 20, and 23).
Architecture
The dominant architectural style is "contemporary" (Project Plans pages 33-36, and 42-46). Building
exteriors are expressed as multiple planes rather than a single surface, and horizontal and vertical
architectural elements create dramatic displays of light and shadow and opportunities for dramatic
night lighting of the building. Neutral, earth-tone colors have been chosen which helps to focus
attention on the proportions and rhythms incorporated throughout the project desigin.
The major tenant buildings provide variation in the wall planes, and the roofline is varied in height and
punctuated by various arch itectu�ral features which provide a unique identity for each of the major
tenant spaces. Materials are also varied includingi stucco, glass, manufactured stone, metal
canopies, wood and siding. The applicant is also incorporati�ngi wall plane changes, vertical
articulation of the roofline and materials changes along the backs of the buildings facing SR125.
The buildings on lot 3 are smaller tenant spaces and are designed with a significant degree of vertical
and horizontal articulation which provides a pleasing visual rhythm to the buildings.
Iconic building elements are located in several locations in the proposed project including buildings
"D" (extensive use of glass in a wrap-around configuration on the building) and "F" (52' tall tower
element) on Lot 2 and buildings tiM91 and "N" on Lot 3 (tower and cupola elements). Notwithstanding
the other iconic elements provided within the project, the primary focus is on Building D on Lot 2 due
to its prominent location.
The composition of form, scale and materials being used on Building D will create an iconic
statement. The proposed building is 37' high and the entire north-east corner is clad in a glass wall
approximately 30' in height with the top half frosted and the bottom half clear. During the daytime,
this will be quite dynamic while at nighttime it will gilow from interior lighting. Lastly,,, this glass wall is
capped by a sloping, cantilevered structure, clad in Alaskan cedar wood that extends 10' horizontally
past the glass wall. At night, a recessed slot at the junction of the wood and the glass wall, will house
LED lighting which will illuminate the underside of the wood structure (Project Plans, page 42).
While elevations have been provided for the majority of the buildings, buildings "Gi" and "H" on lot 2
and "K" and "U on of 3 only have footprints on the site plan because these do not have specific
target tenants identified at this point in time, and rather than providing a detailed design (which would
likely have to be modified in the future to respond to specific needs of the tenant), the applicant has
provided design/architectural criteria (a.k.a. "kit of parts") which would guide the, future design of
these buildings (Project Plans, page 36). These criteria use various elements of the architecture of
the other buildings, i.e., materials,1 basic forms and shapes, use of corner elements, and establish
those features as required elements in any future buildings design. These buildings would require an
administrative design review approval.
Landscape Guidelines
The planting palette is a blend of mediterranean and southwestern low water- use plants combined
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with varied hardscape elements which include permeable pavers and a variety of concrete finishes
and scoring patterns to accentuate key features such as plazas, outdoor activity areas, and
pedestrian paths. The proposed plantings also frame the outdoor gathering spaces creating intimate
spaces at human scale. The irrigation system is water efficient to ensure the project is sustainable
and meets current water efficiency guidelines. The irrigation system will be fully programmable and
seasonally adjustable (Project Landscape Plans, pages 13 - 20).
Screen plantings of larger shrubs provide a visual buffer and foundation planting between the
proposed parking lots, drive-thrus,,, and buildings. Strategically located tree plantings are used to
soften the view of the buildings from the adjacent toll road on the west.
The project is also proposing water quality treatment in accordance with City and regional
requirements through the use of biofiltration swales and permeable pavers integrated in the design,
as well as a structural treatment facility for Lot 2 which is located on the Birch Road frontage. This
facility has been designed into the existing landscaped slope area and features the use of attractive
walls and buffer landscaping to ensure, it integrates into the overall project design.
The outdoor lighting concept includes parking lot and driveway lighting to meet safety needs, as well
as, architectural lighting which will highlight the primary architectural features of the buildings. Lighting
standards design and layout along the joint driveway has been coordinated with the Ayres Hotel
Project which shares that joint access point.
Parking
The applicant has provided a parking study for the project to assess the compatibility with the
adopted Millenia parking ratios, which are found in both the Millenia SPA plan and those in the
Parking Management Plan (Attachment 4). A parking ratio of 43 parking spaces has been utilized in
order to accommodate the entire community shopping center including its proposed restaurant uses.
The parking study concludes that a total of 583 parking spaces would be required at peak weekend
times (after taking into account future reductions as described in the paragraph below). A total of 585
parking spaces are provided including 11 on- street spaces.
The adopted parking ratios, which were approved by the City Council at their meeting of August 9,
2016, do not reflect any reduction in parking demand that could result from specific reduction
measures identified in the Parking Management Plan. These include features like transit accessibility,
walkability, parking optimization technologies or Transportation Demand Management programs
which will become available in the Millenia project overall or implemented within the individual
development projects.
The applicant has proposed that a reduction of 8% of the total parking demand be given for three
parking reduction measures: Walkability (3%), Transit Accessibility (3%) and Bikeability (2%). Staff
recommends the approval of the parking reduction measures gii I ven the, extensive pedestrian system
proposed by the retail project, the planned transit (including the BRT service which should be in place
when this project opens in early to mid-2018), and bike lanes connecting to the project site.
�hand Use Transfer
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The Millenia SPA pilan includes targets for both residential and commercial land use intensities for
each district in Millenia, and allows those land uses to be transferred between districts via an
administrative transfer process. Within District 1, the target land use intensities are 50 residential
units, and 400,000, square feet of commercial. The residential buildout of this District is 89 units and
the Master Developer has submitted an intensity transfer to move 39 residential units from District 8
(Southwestern Neighborhood District) to District 1. However, with the Sudberry, Ayres Hotel and
Trammel Crow projects, the initial commercial buildout of this district is 227,648 square feet, which is
172,352 square feet below the target intensity.
While the Master Developer has the option of transferring that unused commercial intensity to
another District, they have chosen to leave that unused commercial land use, intensity within District 1
to provide an opportunity for future intensification, which is contemplated in the SPA plan. Staff
believes this to be appropriate given that the, Sudberry Retail project is entirely surface parked, and
represents an opportunity area within Millenia which could intensify in the future if and when the
market arrives which supports structured parking and a more intensive retail development on the site.
As a result, staff approves the residential land use transfer described above,, but will not be proposing
to transfer any commercial land use out of District 1 as part of the proposed project.
CONCLUSION
The proposed retail center on lots 2 and 3 is a permitted and use in District 1 of the Millenia SPA
Plan. The proposal complies with the policies, guidelines and design standards for the Millenia SPA
Plan. Therefore, staff recommends the City Council approve Design Review Permit, DR16-0003, and
the SPA amendment, MPA1 6-0003 subject to the conditions listed in the attached Ordinance.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no, property
holdings within 500 feet of the boundaries of the property which is the subject of this action.
Consequently, this item does not present a disqualifying real property-related financial conflict of
interest under California Code of RegulationsTitle 2, section 18702.2(a)(1 1), for purposes of the
Political Reform Act (Cal. Gov't Code §$x'100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO, STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community.
The intent of this amendment is, to provide support for the Millen ia Retail project as it develops into a
thriving and safe destination with strong connections to the surrounding communities thus enabling a
healthy, strong and secure community.
CURRENT YEAR FISCAL IMPACT
All application fees and processing costs are borne by the Applicants, resulting in no inet impact to
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the General Fund or the Development Services Fund.
ONGOING FISCAL IMPACT
Adoption of the proposed resolution and ordinance reduces the average building height requirement
for a portion of Lot 2 in District 1 of Millenia and approves a design review permit for the construction
of a 130,801 square-foot large-format retail center.
The original Millenia (FUC; SPA and Fiscal Impact Analysis (FIA) contemplated an intensification of
non-residential uses over time. District 1 has a target buildout non-residential density of 400,;000
square feet. With the approved projects to date, including the Ayres Hotel, the Trammel Crow mixed-
use project, and the Sudberry project before Council tonight, initial development of the District will
provide 227,648 square feet,1 a shortfall of 172,3,52 square feet from the buildout target.
The surface parking in the proposed project supplies a reasonable path to future intensification, as
contemplated in the SPA and Fiscal Impact Analysis (FIA). No transfer of non-residential density to
other Districts is recommended. Approval of the project is consistent with the adopted FIA, which
indicates an ongoing positive fiscal impact to the City upon buildout.
An updated FIA is currently being prepared by the Applicant, and will be presented to the Council in
conjunction with a future, planned SPA Amendment.
Staff Contact.- Patricia Ferman, Project Manager.
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SECOND READ.INGAND ADOPTION'
ORDINANCE No.
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS To THE EASTERN URBAN CENTER
SECTIONAL PLANNING ARE (SPA)PLAN To CHANGE THE
BUILDING HEIGHT REQUIREMENT'S WITHIN A PORTION OF
DISTRICT 1 (MPA16-0003)
1. RECITALS
A. Proj ect S ite
WHEREAS,REAS,t:he area of land that is the subject ofthis ordinance is diagrammatically
represented in Exhibit A attached hereto and incorporated into this ordinance, and
commonly known as the Eastern Urban Center(EU`Q1 and for the purpose of general.
description herein consists of 207 acres located adjacent to and cast of 8-125,
adjacent to and west of Eastlake Parkway, south of Birch Road and the otay ranch.
"own Center, and:north of the future extension of amain Street(Project Site); and
B. Project; Application for.Discretionary Approvals
WHEREAS,REAS, a duly verified application was tiled with. the City of Chula Nista
Development Services Department on LLC
.March 17, y SLF IV-Mill,enia,
(applicant)requesting approval of an EUC Sectional .planning Area(SPA)Pla and
Form Based Code (FBQ amendment to reduce the minimum average height from.
three stories to one story within a portion of District 1 to conform to the footprint of
the Retail. Center proposed by Sudberry properties; and
C. Prior Discretionary Approvals
WHEREAS,REAS, the SPA plan approved by the City in, September of 2009 includes
boundaries of the building height districts; and
D. Environmental, Determination.
WHEREAS,REAS, The Director of Development Services has reviewed the proposed
project for comp,lian.ce with the California Environmental Quality Act(CEQA)and
has determined that the proposed project was adequately covered in previously
adopted Final Second Fier Environmental Impact.Deport(EIR-07-0 I);therefore,no
further environmental review is required; and
E. planning Commission .record of application.
WHEREAS,REAS, the Director of Development Services set the time and place for a
hearing on the project,and notice of the bearing,together with its purpose,was given.
2016-12-13 Agenda Packet Page 71
Ordinance No.
Page 2
by its publication in a newspaper of general,circulation in the City,and its mailing to
property owners within 500 feet of the exterior boundary of the Project Site at least
ten (10) days prior to the hearing; and
WHEREAS,the Planning Commission,held an advertised public hearing on November
91,2016 on the project to adopt Resolution MPA16 000 recommending that the City
Council amend the EUC SPA Plan; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on the project and the minutes and Resolution
resulting therefrom,, are incorporated into the record of this proceeding; and
F. City Council Record of Application
WHEREAS, the City Clerk set the time and place for the bearing on the project
application and notices of said hearing, together with its purposes given by its
publication in a newspaper of general circulation in the City,and its mailing to property
owners within 500 feet of the exterior boundaries of the Project Site at least ten (10)
days prior to the bearing; and
WHEREAS,the duly noticed and called public hearing on the Project was held before
the City Council in the Council Chambers in the City all,Chula Vista Civic Center,
276 Fourth Avenue,to receive the recommendations of the Planning Commission,and
to bear public testimony with regard to the same.
II. NOW THEREFORE BE IT ORDAINEDI that the City Council of the City of Chula Vista
does hereby find and determine as follows:
A. THE SPA PLAN, AS AMENDED, IS IN CONFORMITY WITH THE EASTERN
URBAN CENTER GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA
GENERAL PLAN AND ITS SEVERAL ELEMENTS.
The City Council finds that the proposed amendment to the EUC SPA Plan is consistent
with the City of Chula Vista General. Plan and previously approved EUC plans and
regulations applicable to the Project Site.
B. THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY
SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING
AREAS.
The EUC SPA Plan as amended, will maintain existing provisions and requirements to
ensure the orderly,phased development of the project prior to or concurrent with the need
for required public facilities.
C. THE SPA PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT
2016-12-13 Agenda Packet Page 72
Ordinance No.
Page 3
LAND USE,RESIDENTIAL ENJOYMENT,CIRCULATION,OR ENVIRONMENTAL
QUALITY.
The land uses within the EUC SPA Plan are designed to provide compatible development
intensities adjacent to Birch Road and Eastlake Parkway and Village 11. A
comprehensive transit planning program and street network serves the project and
provides for access to off-site adjacent properties. The SPA Plan as amended follows all
existing environmental protection guidelines and will continue to avoid off-site impacts
through the provision of mitigation measures specified in the EUC Final Second-Tier
Environmental, Impact Report (EIR 07-01).
III. BE IT FURTHER ORDAINED,that the City Council.of the City of Chula Vista,based upon
the above findings, does hereby approve the EC SPA Plan, as amended and as shown in
Exhibit B,attached hereto and incorporated herein by this reference,subject to the conditions
set forth below:
A. CONDITIONS OF APPROVAL
1. Prior to the 30th day after the Ordinance becomes effective, the Applicant shall
prepare a clean copy of the SPA Plan document by deleting all, strike out/underlines
and shading. Where the document contains an existing and proposed exhibit, the
previous existing exhibit shall, be removed and substituted. In addition, the revised
text document format maps and statistical changes within the EU C SPA and FBC
shall. be approved by the Director of Development Services for printing prior to
incorporating said revisions into the final document.
2. Prior to the 30th day after the Ordinance becomes effective, the Applicant shall
submit to the Development Services Department 10 copies and a CD of the approved
amendment to the EUC SPA P. and Planned Community (PC) District
Regulations.
3. The Applicant shall continue to comply with all the conditions of approvalof the
Otay Ranch EUC SPA Plan, incorporated in Resolution 2009-224 and the adopted
SPA Plan.
III. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by: Approved as to form by:
Kelly Broughton Glen R. Googins
Director of Development Services City Attorney
2016-12-13 Agenda Packet Page 73
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City of Chula Vista
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CHULAVISTA
Staff Report
ile#: 16-0470, Item#: 5.
RESOLUTION of THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT of
THE SPECIAL MUNICIPAL ELECTION HELD IN THIS CITY ON NOVEMBER 8,12016, DECLARING
THE RESULTS THEREOF, AND OTHER MATTERS As ARE PROVIDED BY CAVI
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The Registrar of Voters has transmitted the certified results of the special Municipal Election held on
November 8, 2016., Elections code section o2 2(b) requires the City clerk, as the City elections
official, to certify the results of the election to the City council, which shall adopt a resolution reciting
the fact of the election.
NVI Ido N M E N'T L REVIEW
Environmental Notice
The activity is not a `Project''' as defined under section 153,78 of the California Environmental Quality
Act state Guidelines; therefore, pursuant to state Guidelines section 15060(c)(3) no environments
review is required.
Environmental Determination
The Director of Development services has reviewed the proposed activity for compliance with the
California. Environmental Quality Act cEC A and has determlined that this activity is not a 41Project III
as defined under section 15378 of the state CEQA Guidelines because it will not result in a physical
change to the environlment" therefore, pursuant to Sectionl 150o(c) 3 of the state CEC A Guidelines,
the activitysubject to CEQA. Thus, no environmental reviewis is not sub� �s require .
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
A special Municipal Election was held on November 8, 2016 to select two members of the city
Council to irepresent Districts 3 and 4 for full terms, which will commence upon taking the oath of
office, and to submit one ballot measure (Measure to the electorate.
Elections code section 10262(b) requires the City clerk, as the City elections official, to certify the
results of the election to the City Council, which shall adopt a resolution reciting the fact of the
election.
The certified results are as follows
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File#: 16-0470, Item#: 5.
MEASURE P YES NO
To repair neighborhood streets and sidewalks, 64J04 2%845
replace storm drains to prevent sinkholes, update (68.43%) (31.57
police, paramedic and 9-1-1 equipment and
facilities, improve parks, repair recreation facilities,
and for general city services and infrastructure, shall
the City of Chula Vista adopt an ordinance enacting
a temporary 1/2 cent sales tax, generating an
estimated $16 million per year, expiring in 10 years,
with no further increases without voter approval�, with
all funds staying in Chula Vista, requiring citizen
oversight and independent audits.?
Number Percentage
of Votes of Votes
Cast
MEMBER OF THE CITY COUNCIL, DISTRICT 3
Steve Padilla 12Y720 55.,86%
Jason Paguio 10,016 43.98%
MEMBER OF THE CITY COUiNCIL, DISTRICT 4
Pike Diaz 109205 52.10%
lRudy Ramirez 93,358 147.77%
DECISION-MAKER CONFLICT'
Staff has reviewed the decision contemplated by this action and has determined tha t it is not site
specific and consequently, the 500-foot rule found in California Code of Regulations Section 187014.2
(a)(1), is snot applicable to this decision. Staff is not independently aware, and has not been informed
by any Councilmember, of any other fact that may constitute a basis for a decision maker conflict of
interest in this matter.
LINK TO, STRATEGIC GOALS
The City's Strategic Plan has five major goals Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods, and a Connected Community. Serving as the
elections official and managing the elections process, which forms the foundation of our democratic
system of government, is, one of the primary functions of the City Clerk. While this process is not
specifically associated with one of the City's strategic goals, carrying out this important function in an
ethical, impartial, transparent manner aligns with the City's goals of Operational Excellence and
Connected Community.
CURRENT YEAR FISCAL IMPACT
There is no fiscal impact resulting from declaring the results of anl election.
ONGOING FISCAL IMPACT
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File#: 16-0470, Item#: 5.
There is no ongoing fiscal impact resulting from declaring the results of the election.
ATTACHMENTS
Exhibit A - Certified results of the November 8, 2016 election
Staff Contact.- Kerry Bigelow
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ITEM #5
Resolution
THIS ITEM WILL BE UPLOADED AS SOON AS IT
BECOMES AVAILABLE
2016-12-13 Agenda Packet Page 77
ITEM #5
Exhibit A — Certified Election Results
THIS ITEM WILL BE UPLOADED AS SOON AS IT
BECOMES AVAILABLE
2016-12-13 Agenda Packet Page 78
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CHULAVISTA
Staff Report
ile#: 16-0497, Item#: 6.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TWO-
YEAR
O-
YE. R PURCHASE AGREEMENT BETWEEN THE CITY AND BAKER & TAYLOR, L C. WITH SI: .
ONE-YEAR OPTIONS Ns 'TCS RENEW FCSR THE PURCHASE OF LIBRARY BOOKS AND ALSD10-
VI UAL. MATERIALS
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
On September 2, 2016 in preparationl for the expiration of the current vendor agreement, the City's
Senior Procurement specialist issued specifications to select a primary supplier of library books and
audio-visual materials for a two-year period ending December 31,1 2018. A request for proposal was
posted on Planet Bids. sixteen prospective bidders downloaded the proposal and two submitted
proposals. After evaluating the responses, it is recommended that the bid be awarded to Baker
Taylor and that the city enter into a two-year agreement as represented in Baker & Taylor's Proposal
Response (see Exhibit A) with up to sic ) one-year renewal options,.
ENVIRONMENTAL REVIEW
Environmental Notice
The activity is not a "Project"' as defined under section 15378 of the California Environmental Quality
ity
Act state Guidelines- therefore, pursuant to state guidelines section 15060(c)(3) no environments
review is required.
Environmental Determination
minati+on
The Director of Development services has reviewed the proposed activity for comlpliance with the
California Environmental Quality Act CEC A and has determined that the activity is not a "Project" as
defined under section 15378 of the state CEQA Guidelines because it will not result in a physical
chane in the environment; therefore, pursuant to section 15060(c)1(3,) of the state C---CSA Guidelines,
the activity is not subject to CEC A. T lus, no environmental review is required.
OAF [ /CO MISSION RECOMMENDATION
Not Applicable
DISCUSSION
Book vendors are widely used by both public and academic Americanl ibraries in order to obtain
better discounts, reduce administrative work, and provide faster ordering and delivery met ods.
These vendors are able to offer libraries sizable discounts, off the retail price. Additional savings occur
because orders can be sent to one vendor instead of creating individual orders for multiple vendors.
Book vendors also provide secure systems for electronic ordering that interface withlibraries'
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integrated online systems, allowing the library to maintain financial records and order records with a
minimum of paperwork.
A set of bid specifications was developed based on the Chula Vista Public Library evolving needs,
previous bid specifications and examples for other public libraries. The updated specifications were
posted on Planet Bids on September 2, 2016, RFP P05-16/17.
The Library's Digital Services Manager and the city's Senior Procurement Specialist evaluated bids
received from Ingram and Baker & Taylor.
CRITERIA AND EVALUATION
As outlined in the bid specifications, the responses were evaluated on several criteria, most
importantly:
1. Ability to supply a broad range of books and other materials listed in the specifications;
2. Ability to deliver ordered materials in a timely manner;
3. Discounts offered; and,
4. Ability to provide effective online ordering tools that can interface with our integrated
online system.
The responses from the vendors were quite similar. When there was a difference Baker & Taylor was
the better choice.
1. Both could supply all of the physically different categories of materials.
2. Reponses to bid questions revealed small differences in fulfillment and delivery as seen on
this table:
Baker & Taylor Ingram
ARO* 2-3 days 2-5 days
Out of Stock Average 5% 8%,
1Initial Fill Rate of an order 188- 0% 85-90%
*Average number of days from receipt of order to point of delivery.
3. The discounts offered on materials were similar. Both vendors generally offered a 401%
discount on paperbacks and 46% on hardcover books. There was only a small difference with
DVCs; the Baker & Taylor discount was 30% and Ingram was 29.5%. See Exhibit B for details.
Pricing for processing services such as adding a spine or barcode, were the same or varied by
a cent or two per unit with Baker & Taylor offering the better prices. See Exhibit C for details.
4. The biggest differences became clearer when evaluating the online ordering tools; Baker &
Taylor's Title Source 360 and Ing ram's ipage. Both tools meet our criteria of providing the
functionality we requested but close comparison revealed that Title Source 360 provided
inventory and availability information up front on the title summary screen allowi�ngi the library
to decide much more quickly whether or not to order (See Exhibit D for details). Also, when we
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tested a variety of titles, we discovered that west coast inventory appeared to be significantly
larger with Title Source 360.
DECISION-MAKER CONFLICT'
Not Applicable - Not Site-Specific
Staff has reviewed the decision contemplated by this action and has determined that it is not site-
specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section
187012.2(a)(11 , is not applicable to this decision for purposes of determining a disqualifying real
piroperty-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100,
et seq.).
Staff is not independently aware, and has not been informed by any council member, of any other
fact that may constitute a basis for a decision maker conflict of interest in this smatter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure, Neighborhoods and a Connected Community. . The selection of
Baker & Taylor to furnish the library with books and audio-Visual materials supports the goals of
Economic Vitality and Operational Excellence. Through the competitive bid process Baker & Taylor
presented itself as providing equal or better discounts on all materials and services,,, and their online
catalog was shown to be the best at quickly providing information essential to selecting materials.
CURRENT YEAR FISCAL IMPACT
There is no fiscal impact to the General Fund. Funding for Library books and materials is already
included in FY 2017 Budget.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
1. Baker & 'Taylor Proposal Response
2. Baker & Taylor Discounts
3. Summary View Comparison
4. Processing Fees Comparison
5. Resolution A provi�ngi aker & Taylor
Staff Contact.- Jodie Sawina, Library Digital Services Manager
City of Chula Vista Page 3 of 3 Printed on 12/8/20116
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2016-12,-13 Agenda Packet Z,Page 81
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BAKER t-uTAYLOR
s r #
September 29, 2016
Ms. Suzi Brooks
Sr. Procurement Specialist
City of Chula Vista
Finance Department/ Purchasing Division
276 Fourth Avenue
Building A
Chula Vista, CA 91910
RE, Library Books and Audio-Visual Materials
RFP P05-16117
DUE: October 3., 2016 at 11:00am
Dear Ms. Brooks:
`t.
Than you for allowing Baker &Taylor the opportunity to respond to this Request for Proposal. We have
y � �
reviewed the requirements in detail and are confident we can satisfy the specifications of the City of
Chula Vista. Any clarifications are listed on the attached pages, following the format of the FFP
document. Please accept this letter and-our response as part of Baker &Taylor's comprehensive
proposal, to he incorporated as part of any award agreement.
Per page 8, Public Disclosure, Baker &Taylor's bid does not contain information that falls into an
exemption under Government Code Sections 6254 —6255. Our hid does net contain confidential data.
Should you have any questions upon reviewing our response, please contact me and I will he pleased to
answer any questions or clarify any information:
Jennifer Rhyne
2550 W. Tyvola Road, Suite 300
Charlottc, NC 28217
(M) 775-7930, ext. 3248
FAX: 704-998-3260
E-mail: lennifer.rhynehaler-taylar.com
Thank you for your consideration. We look forward to your response to our proposal.
i ce re I y,
t n ifer R y
+: }.
5r Pricing Analyst _.
2016-12-13 Agenda Packet ~} Page 82
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PROPOSAL FORM '
Items 1-7 BA
Baker &Taylor is pleased to offer the discount terms and conditions of sale outlined on the Proposal
Form and Attachment A(Firm Order Materials). Attachment A provides a discount outline for each
product category offered by Baker &Taylor.
Please see Attachment B for Category Definitions, which lists the Category Number corresponding to
the discount categories (and number) as listed on Attachment A. This will clarify to the City of Chula
Dista the criteria used to classify a particular book category by Baker &Taylor, and hove they relate to the
discounts offered within our proposal.
"'Baker &Taylor's Enhanced Services Program" (Attachment C) describes in detail a valuable service
that will save time and money when procuring titles from small and hard to find publishers. By utilizing
B T's vast publisher and title database, the library can purchase a wide variety of lover demand and small
print run titles from associations and limited edition, prepayment, and non-returnable publishers. These
titles will be invoiced at list price plus $4.95/unit.
Item 8B &C
List prices are manufacturer's suggested list prices, where available. Where no list price is supplied by
the manufacturer, a list price will be assigned by Baker Taylor. Please see the Proposal Form and
Attachment A-2 for the discounts available to the City of Chula Vista.
The Library is a current,subscriber to our Title Source bibliographic database. Please use your existing ID
In conjunction with the terms ouffined on A ttachment A and A to assist In the evaluation of oUr
r poral
f
- Interface and Electronic Links
View, Download, and Print Invoices and Statements/status of Existing Orders
Online Customer support
Online Customer Support (OCS) is available to the City of Chula Vista via our website at www,bto l.cora
http;J�v r .btol.gorn . OCS is Baker &Taylor's freeweb-based account management system. OCS's
sophisticated search options include the ability to query orders by Purchase order Number, B&T Number,
ISBN, and order Date Flange. You can also view detailed information, including order and account
status, warehouse location, quantities and prices, and shipping details. There's even an option that helps
you print invoices and order details for your records.
Online Ordering Tool
Title Source (Subscription Service
Baker &Taylor's The Title Source is the most extensive data base of bibliographic acquisitions information
for U.S. publications. This database includes book, e-book, spoken word audio, DVD, and music CD
titles, and is continually maintenanced, with over one million updates each year. Each record gives
current print status (i.e. Not-Yet-Published, out- of-Print), in-stock availability, on-order information,
latest list price, and estimated discounted price (per the terms of your contract). Title information is
updated daily.
Our proprietary database contains detailed, comprehensive, up-to-date information on over 7.7 million
book titles, 265,000 video titles, and 723,000 music titles. In addition, it contains over
5.2 million annotations
5.7 million book covers in full color
. r
1.3 million Tables of Contents
2016-12-13 Agenda Packet Page 83
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�,� � full tem reviews — (available with premium service)
including it r. i rax r�T rr�al, Publisher's Weekly, School Librax _6urr�al, Video
L ibrarian, Horn Boc l ChoiCef V0 yAl Boo Page, Foreward,A actio le{ and E Streams)
You can search tables of contents and annotations with easy-to-use search index headings to help you
zero in on the perfect title. Additionally, users may view book excerpts, and create, share, and transfer
multiple carts.
Brief MARC associated with titles selected for order may be uploaded to any compatible ILS as order
records, or, orders may be placed directly from TS. Electronic confirmation is available for either order
method.
Baker& Taylor Is pleased to offer Tide source to the City of Chilla !Vista FREE OF CHARGE.
This configuration includes one adminstraUve rD,flexr( )additional user IDs, and grid
ordering.
Electronic Interface with Sierra
Baker &Taylor's systems support electronic ordering, order confirmation, and invoicing with Innovative
Interfaces Sierra system.
Fulfillment and Relive
Street Date Receipt for Bastsaller Material
Baker Taylor's pre-publication ordering program accepts early orders for highly anticipated, high-
demand
igh-
demand titles and delivers the titles on or before the general release date (street date), Pre-publication
orders are backordered on your account and stock is then reserved for your order. Electronic orders will
receive a confirmation within minutes of order placement.
In order to receive these titles prior to street date, please place orders at least 4 weeks prior to the
scheduled publication date'
Before Ort-Sala.ghipping
Baker &Taylor's Before On-Sale Shipping program (BOSS) allows you to check inventory of Not Yet
Published titles in Title Source up to 2 weeks prior to on-sale d ate. Title Source will display stock levels
when inventory is initially received by Baker&Taylor. This benefit allows you to place your orders
knowing product is available. you will receive a confirmation that your quantity has been reserved and
Baker &Taylor will ship as allowed by the publishers' guidelines. Please note that titles will still have a
Not yet Published status code even though they are available for shipment.
Delivery
In-stock items requiring only a mylar jacket or case are shipped within one day of receipt of order
(delivered within 2-3 days). Items requiring additional tech press cataloging f processing services will be
shipped within 3-5 days of receipt of order (delivered within 7-8 days ,
The average initial fill rate (within 5-7 days of receipt of order) is $80/o-90,0lo. The average fill rate within
30 days of receipt of order is go,%-96%. The rate within 90 days of receipt of order is 971116-100%.
These statistics are based upon orders for in-print and available material,
Backorders
Please nate there is no minimum order size required to allow backorders.
Cour Buying staff places orders at least once every 2 weeks with all lame and medium-sired publishing
houses to maintain appropriate inventory levels.
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2016-12-13 Agenda Packet Page 84
.. ......
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r _ Rush Orders
Please note there is no minimum order size required for rush orders.
Bush orders are available, however, overnight delivery charges, if requested, will be the responsibility of
the City of Chula Vista.
Mutt pILo Copies
Our standard procedure, to facilitate your receipt of materials, is to ship any items available in stock.
Items not in stock are immediately backordered.
Upon request, an order for multiple copies of a title may be held in reserve until all copies are available
for shipment
The Library may opt to receive partial quantities or to receive full quantities only.
Other Fulfillment and Delivery Mechanisms
Please see Library Services for information on our automatic shipment programs.
Customer Service
Your Library Sales Consultant, Janice Lentz, will be able to assist you on a local Basis to insure accurate
order and service fulfillment. Janice can be reached by calling ($00) 775-7930, ext. 1450. Your
Customer Service Representatives are also available to answer any questions you may have:
Book& Spoken Word Audio Audio Visual Materials
Donna Elam Bob Williams
(800) 775
-1200, ext. 2746 (800)
7 - t est. 5815
onra.elar haker-ta lor,com obertX illiams baker�ta lor.com
sustainabilit Efforts Environmental Responsibility)
Baker &Taylor office locations actively recycle paper/newsprint, cardboard, glass, aluminum, plastic,
batteries, and printer cartridges.
Payment Terms
Baker &Taylors payment terms are Net 30 days from the date of invoice.
GENERAL CONDITION
Period of Coverage and Option Renewals
Contract period will be as stated. Baker &Taylor reserves the right to renew the terms and conditions of
the contract if mutually agreeable to the co ntracti nq parties.
Percentage Discounts
The discounts extended to the City of Chula vista by Baker &Taylor will remain firm throughout the
contract period, however publishers'/manufacturers' list prices are subject to charge. Your discount will
be applied to the publishers-/manufacturers"last price at the time of shipment.
Price Lists
Please see our Title Source website for the most current title and pricing information. Specialty title lists
(Donors and awards / current topic) are available on the site. Prepublication title listings are available in
print and electronically via our website v .baker-ta lor*com. From the top horizontal bar, select
!,
"Libraries"; then'Public Libraries . From the left side bar, select;'> u blicatian s�'.
2016-12-13 Agenda Packet Page 8
Please see Attachment E for a full description of these publications/lists. Please see our response to
"Library Services � for more information on our Collection Development Services.
Award
Understood,,
Evaluation
Understood.
Estimated u anti ties
Understood.
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Del Iver
Baker &Taylor will provide all books F.O.B. Destination with Free slipping from your primary service
center in Reno, NV. As a courtesy, Baker &Taylor will extend the library's discount plan to staff accounts
(personal use), however all staff account orders will be delivered F.D.B. Slipping Point, Charge
Shipping and will be taxed appropriately.
In an effort to expedite your shipments, Baker&Taylor has developed a detailed packing list(enclosed
with each shipment) which enables the library to check in the order title by title. Titles are listed
alphabetically, by title.
Ba c r&Taylor's shipping label includes the pack date, freight carrier, account number, B&T pickl i st
number, carton'number and individual carton weight, purchase order number appears only in those
instances where the shipment contents are associated with a single purchase order. Each carton in a
shipment is numbered, and the final carton also indicates total carton count (e.g. 1,2,3, and 4 o .
A packing list and shipping label are generated for each carton shipped.
Invoices and packing lists contain a I I of the information requested, with the exception of quantity
ordered. Our documents reflect the quantity shipped. Items ordered but not yet shipped will appear on
your status report.
Invoices
Invoices contain all of the information requested here and in the"Delivery,"section, with the exception of
"Quantity Ordered", Invoices will reflect Quantity Shipped. Baker &Taylor invoices can list titles
alphabetically by author or title, or in the same sequence as the original purchase order. Invoices will be
enclosed with shipment.
Percentage Discount Prices
Agreed.
Minimums
Baker &Taylor does not have a minimum order requirement; proposed discouonts are available for any
order size.
Cancellations
Paragraph 1
Items ordered but not yet shipped will be listed on our status report, which will accompany your invoice.
Status reports will include backordered items, as well as explanations for cancelled or publisher direct
7.
sterns when the information is available. Interim status reports can be requested from your Customer
2016-12-13 Agenda Packet Page 86
.
Service representative. Please note, the status of any product ordered may be viewed online, at any
-+ time, via our online Customer Support site.
i
Paragraph 2
Understood
Paragraph 3
Please see Paragraph 1,
Paragraph 4
Status reports contain all of the information requested in Item 4. "Price"' is publisher list price.
Paragraphs 516
Baker&Taylor will honor the cancellation period as established by the Library, Cancelled items will be
reported via status report.
Paragraphs 71819
Any items ordered, but not yet filled, may be cancelled by the Library. Please contact Customer Service
for assistance.
Claims
Agreed.
Returns
Baker &Taylor will accept the authorized return of items that are damaged, defective, or incorrectly
shipped,. Please see the enclosed return policies, Attachment D, for further details on credits and
returns, To make a return, simply contact your Customer Service Representative within the time period
specified to obtain an authorization number for your return.
Materials Processing
In addition to the discounts extended by Baler &Taylor, baler&Taylor would like to extend the
following pricing for processing services:
CATALOGING AND PROCESSING
HYLAR JACKET
-loose $.55/unit
-glued $.59/unit
-taped $.64/unit
Plastic Laminate for Paperback Cover Reinforcement 1,99/unit
Spine Label x.15/11abel
Customer Supplied Stamp $0.10/location
Barcode Label
-B&T supplied $0.15/label
-customer supplied $0.10/label
Repackage Spoken Word Audio CD
(includes binder with inserts, cut and insert manufacturer artwork, $2.99/unit
and ownership label)
Application of Library Supplied RFID
(non-pro rammed non-linked $0.25/unit
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Li tura Services
Access to rn ven tory
Cour Title Source website provides searchable access to available titles and inventory information. Please
see"'Proposal Form"Interface and Electronic Links, for information on the site.
Con tinmation Services(traditrer#al reference,series-driven profiles)
Please see Baker Taylor's Attachment F for a description of our program and of our COMPASS profile
management tool. COMPASS is available free of charge.
Automatic Order and shipment Programs
Automatically Kours(auffiol--driven Profiles)
Baker & Taylor's Automatically Kours program delivers the latest publications from popular
authors right to our door, Select our favorite authors, and Baker Taylor will send the latest
� Y Y
titles, as soon as they are released. Firm order discounts outlined on Attachment A will apply.
Automatically }yours has B different programs to choose from:
Popular Adult Fiction Authors—featuring over loco fiction authors
CATS authors &Illustrators—featuring over boo of the most popular children and
young adult authors, both fiction and non-fiction.
CATS Awards—featuring more than Bo professionally selected national and
international children's and teens awards
Spoken Word Audio
= Lange Print popular Adult Fiction Authors
Boob Club plans - Baker &Taylor offers 4 different Book Club plans to help meet
your patrons' needs-.
"Today" Show Book Club
Reading with Ripa Boob Club
"Good Morning American Boob Club
"Oprah's"Boob Club
although Oprah has discontinued her book club, she will occasionally
recommend titles.* We will continue to automatically ship these titles)
Inspirational Authors— offers over 250 authors to choose
Graphic Novels - Available for Adult and Teen titles. Choose from Soo series.
Box Office - With the dramatic rise in DVD demand, we understand the difficulty in
keeping up with ordering all of the box office hits. Baker &Taylor can help. Welcome
p �
to Box Office Hits on DVD Standing order program. Simply choose the quantity you
would like to receive, based on the millions sold at theatres, and we will ship the
product to you. Each week, by email, we will send you the latest list of titles to hit the
charts. For more i nformati an, please contact us at 800-775-2600 e tonsion 2135.
Hot Fits a Standing Order Program
Each week you will receive a list of New Release music titles, based on your profiled
- Music Genre selections. This will allow you to make changes to the list before the titles
are ordered and shipped to your account.
_ 2016-12-13 Agenda Packet Page 88
Benefits of the Hat Hits program include:
-Never receive the same title twice
-Convenient delivery of lists (Title Source cart or EXCEL spreadsheet)
-Flexibility to adjust your order quantities at any time
-Weekly e-mail updates of new titles
-Choose to receive Parental Advisory or Edited versions of titles
The program is simple — just tell us hove many copies of a title you would like to
receive, based upon the following Music genres.,
Quantity
Dance New Age '
Country Blues
World Classical
Soundtrack Pop
Jazz R& B.
Rock Reggae
Lati n Parental Advisory
Rap Clean version Only
Each time a New Release is announced, we will send to you the titles that are in the
Genres that you{ve selected.
Collection De velopment Services
Barer &Taylor collection management librarians have extensive experience working in library collection
development and/or technical services before their employment with Baler Taylor. our management
team has created this organization carefully, recruiting librarians with a gide range of complementary,
specialized subject knowledge, representing different sized institutions and a range of geographic
regions.
Online Selection Lists(Free of Char
Baker & Taylor's on-line selection lists are developed by our professional staff to help
sage you time and effort in searching for titles of interest. Utilizing Title Source, you can
browse our comprehensive list of Title Lists, developed exclusively for you.
Lists are organized into useful categories of similar lists, he[ping you easily browse the
topics that interest you and your patrons.
Academia
Adult Fiio n and Non-Fiction
• Children's Fiction and Non-Fiction
Spanish Language Fiction and Nora-Fiction
Spoken word Audio
2016-12-13 Agenda Packet Page 89
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■ Music and video
_ r
Computer Titles
■ Scientific, Technical, and !Medical
0 University press
■ UK Ad u It Titles
Audio &video Bestse I lers
Audio &video New Releases
■ Book Leasing (prepublication list of new releases)
■
Booking Ahead
■ Children's &Teen (CATS)
Critics Choice (award winners)
Critic's Picks (book clubs, reviews)
■ Curriculum Support
Fast Facts
■
Librarian Selections
■ Monthly Stars
Spanish &Hispanic Titles
State Book Awards
To access the lists, simply log-in from Title Source via Quick Links.
DVD Lists (Free of Char
Popular title/selection lists are available as Title Source carts; our e-lists and First Look
Lists provide new release information for DVD product. Some examples of our lists are:
Award Winners
Academy Awards, Sundance awards, and American Film Institute recommendations for
Top 100, Top Comedies, Top Passions, and Top Thrillers of all time!
Neter Release, by Genre
Search our lists for the latest releases in Actio n/Adventure, comedy, Documentary,
Drama, Family, Foreign, Health & Fitness, Horror, Music video, Mystery, Performing Arts,
Science Fiction, Television, Tap Sellers, and westerns.
Current Topic
Additionally, we offer specialty, topical lists of current interest, such as films of Robin
Williamsr the Hunger Games series, works of Emmy nominees, and Children's"Book to
Film's releases,
Music Lists Free of Char
Electronic title lists are available in Title Source selection cart lists:
- Grammy Award Winners
- Notable Artists
Focus on Music (Free of Charge)
Including Bestseller Lists of jazz, Blues, Christian, Classical, Country, Latin,
Flap/Hip-Hop, and Soundtracks (updated monthly)
Top 200 Albums
This is a list or bast selling new and reissued Top 200 CDs that is updated
monthly. The list contains only one version or a particular title on CD although
tiara aright be others available.
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2016-12-13 Agenda Packet Page 90
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Rollin Stone's To Soo Greatest Albums of All Time
The Core List for Libraries
The Cora fast is a list or aver 800 popular CD titles that Baker& Taylor guarantees to be
in stock at all times. This list is compiled by our music department and Is a good resource
-have D titles for stockingour library's music
for�atarr��r�fr�,���a �,��popular, must-have
Jam} EXCEL
�
collection. The e Core L J st 1 s available enable 4J line f t r o PDF versionof EXCE. vers1 o f r !-
chartToppers (First Look Cart) (Free of Charge)
First Look services are available exclusively for the use of our Title Source subscribers.
I
ChartToppers provides a consolidated monthly overview of weekly music chart listings,
based upon individual CD sales volume, within various genres. Monthly listings provide
updates to each genre's eisting base list of titles, showcasing the new titles just moving
in to the bestseller top slots.
First Look Custom Selection Lists
Ba ke r &Ta yIor offers a vide a rrray of c ustonn ized selectio n services u nder the First Look fam i ly of
Notification services. First Look is a profile-driven selection list service for print as well as audio-visual
material. Profiles may be based on any number of selection criteria, including subject keywords, author
profiles, awa rd-citati an, Dewey Ca I I Number and/or call number ranges, review publications, starred
review citations, and many other criteria. Lists can be prepared and delivered on a scheduled basis
(monthly, bi-monthly, or even weekly), based on customer requirements. First. Look notification lists can
be delivered directly to specific Title Source users and can be duplicate-managed by B&T to exclude titles
that have appeared on previous lists and/or titles that have been previously ordered by the Library.
w
First Look"'Plus" Selection Lists
Plus Notification lists provide an "off-the-shelf'array of general subject and genre
selection lists. Lists are based on popular selection criteria, such as appearance in key
critical review media or appearance in popular B T publications such as Foracastand
Growing Minas. The service includes an Express category which delivers the
newest key titles to selectors Lased on criteria such as print run, author inclusion in our
Automatically Yours prog rain{ U Pre-Pub Alert citation, and appearance in B&T's weekly
""Fast Facts" list. The objective of Express lists is to provide a simple, consistent method
of moving these titles into selectors" hands as early as possible.
E-Book Services
Axis 360 (Digital Media Platform) provides libraries with a state-of-the-art system for circulating digital
content. Built to dynamically showcase the library's digital collection,Axis 360 creates a fast and easy
path for patrons to check out the ebooks that they errant and read them across multiple devices.
Please see Attachment G for details.
Parade Programs(subscription service)
Parade Program titles are popular monthly genre title selections (selected by our B&T staff) suitable for
library patrons. We have several different plans from which to choose:
Adult paperback parade
-CA Ts paperback Parade
-Playa way Parade
Music and D VD Parade
Please see the enclosed brochures for details.
2016-12-13 Agenda Packet Page 91
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_ Boor Leasing( iffiscr+rption service)
Baler &Taylor's Back Leasing program is a great way to temporarily increase your library's number of
popular books with the ability to return therm when patron demand has subsided. �
When you begin using our Book Leasing service, your library will build its own collection by retaining
books ordered through the Monthly New Book Quota until your collection reaches its proper size, Each
month, a pre-publication title list will be sent to you so that you may choose the titles you'd [Ike to �
receive. All of your requested books will arrive shelf-ready, with all cataloging and processing completed
to your specifications.
Popular Title Book Leasi n�
Our Popular Title Book Leasing program includes all of the most popular fiction, nonfiction,
large print and Spanish titles. Baker &Taylor issues a monthly prepublication acquisitions list of
titles that are available through our Book Leasing program. The Book Leasing Tiff Lists are
published online{
Computer Book Lenin
A comprehensive prepublication list of new computer titles. This plan ensures that you receive
the latest computer and technology related books at your library. The Cary pu Book Title Lists are
published online.
DVD Leasing(subscription service)
Baker &Taylor offers a DVD Lease Plan that enables libraries to have the most popular DVD titles
available to meet patron demand during peak periods. The DVD Lease Plan is a great way to temporarily
increase your library's number of popular DVDs with the ability to return them when patron demand has
subsided.
The DVD Lease Plan enables your library to commit funds for DVD purchases at the beginning of the
budget cycle while allowing selectors the freedom to choose titles over the duration of the lease period
Baker &Taylor issues a monthly title list for DVD Leasing that includes the most papular DVD titles
released during that month for you to use to make your DVD Lease Plan selections.
New Publication A wererress BookJacket Images
Pre-publication information is available via our Title Source site; title listings are available in a cart format
and in online catalog listings. Title Source contains over 5,7 million jacket images.
Dedicated staff
Your Library Sales Consultant{ Janice Lentz, will be able to assist you on a local basis to insure accurate
order and service fulfillment. Janice can be reached by calling (880) 775-7930, ext. 1450. Your
Customer Service Representatives are also available to answer any questions you may have:
Book & Spoken word Audio Audio Visual Materials
Donna Elam Bob Williams
(808) 775-1280{ ext. 2746 (boo) 775-2600, ext, 5815
Donna.elarnbaker-ta lor.com Robert-williams@baker-taylor.com.
Off Contract Purchases
Understood.
2016-12-13 Agenda Packet Page 92
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GENERAL PROVISIONS
Please see below for clarifications to General Provisions.
7. Pi rm Prices
The discounts extended to the City of Chula vista by Baler &Taylor will remain firm throughout
the contract period, however publishers/manufacturers" list prices are subject to change. Your
discount will be applied to the publishers'/manufacturers' list price at the time of shipment.
26. Insurance
Please see the enclosed Certificate of Insurance as requested, Attachment H,
8. Award of Contract
e. If notification of award is by purchase ander only, please send the first purchase order to
the following address so that we may correctly adjust the discounts according to the
terms of this bid:
Baker Taylor, LLC
Attn: Pricing Services
2550 W. Tyvola Road, Suite Soo
Charlotte, NC 28217
32. Discounts
Baker &Taylor's payment teras are Net 30 days from the date of invoice.
34. Inspection and Acceptance
Please see the enclosed Return policies (Attachment D) for detai[s.
35. Lost and Damaged Shipments
Please see Item 34 above for information.
37. Document Ownership
Our Title Source and COMPASS websites are solely the property of Baker&Taylor and may not
be modified.
ATTACHMENT A—SAMPLE AGREEMENT
Please see below for clarifications to provisions:
2, compensation
2.2 Detailed Invoice
Invoices are generated with each shipment of goods, rather than on a monthly basis.
Payment terms are Net 30 days from the date of each invoice.
2.4 Retention Policy
Per Addendum 2, this provision is not applicable.
2016-12-13 Agenda Packet Page 93
_....
Attachment A
Baker&Taylor
Discount Terms and Conditions of Sale(Firm Order Print Book)
City of CIS u I a Vi sta
Chula Vista,CA
&Taylor is pleased to offer the discount terms and conditions contained in this Attachment A. The pricing grid below provides discounts for
'each productaeffered b.,Baker&Taylor. -
ProductPrice Indicator Discount
Category Definition-(a)
Category
..I.
Adult Trade Hardcover Editions 0-(zero) (Hardcover Trade Editions) 46.0%
(Popular Fiction&Non-Rction,and may C-(Hardcover Computer Books)
include some spoken word audio
II. Juvenile Trade Hardcover Editions J 46.00 0
(Popular Fiction&Nan-Fiction)
IIt. ies 1-4 ca title 40,0010
Adult Qu a laty Paperback Editions B-(Paperback Trade Ed'€tions) p �
(Popular Fiction &Nan-Fiction) c-(Paperback Computer Books) 5+copies/title 41.59/0
IV, le Quality Paperback Editions 1-4 copies/title 40.000
Juven tY Pa ons p 5+copies/title 41.5%
(Papular Fiction&Non-Fiction)
V. Mass Market Paperback Editions1-4 copies/title 40,0010
P 5+copies/title 41.5%
111. 2 ,541
Single Edition Reinfb5ced (Juvenile) R
1lII,
Publisher's Library Edition(3uveciile) .500
Vill. University Press Trade Editions(may be of any A 1fl,0 11/a
b indi ng and include some spoken ward audio)
I . �
Text,Technical, Reference, Professional S/ /N-(Text,Technical,or Reference Editions) S=10,0°1/0 4= 10, 1a0
Medical, Small Press,some University Press X= 10.0'X0
titles(oxciuding Un€versity Press Trade L-(Hardcover Editions from Small Press and N =0,0 0/6N
Editions) and/or Titles of Limited Demand Hardcover Titles of Limited Demand—prlrnarily L 10,011%(c)(d) Letter 0
' ma be of any binng and include some Adu Its 7_22-59/a(d) 10.0%
� M = 10.0 0/0(c)(d)
spoken word audio
-(Hardcover Titles of Limited Demand— 1 =22.510(d) 5=0.0%
T-0.0��a 6 -0,Q0�o
primarily Juvenile) � B r 0.0 0l0
U-0.� l�
M-(Paperback Editions from Small Press and V 0'0 1/0
Paperback Titles of Limited Demand—primarily W 0.0 1°
Ad ult)
1 -(Paperback Titles of Limited Demand—
primarily Juvenile)
T/U/1/W/4/Letter 0-(Specialty Textbooks)
5/6/S - (Professional Medical Titles)
X. Imported English and Non-English Language F/K/3 0.000
i Editions
I. 0.0 0ln plus$4.95/unit(e)
Enhanced Service Program Y Q
XII. Spoken Word Audio H 45.0%
XIII. Board Books I 40.0 %
40,00/a
Ill. Novelty Items/AffNity Boob I
X11. Special Programs,such as:
PawPrints Editions D D 0.B Ola
E E 22.5 11/oTurtleback Editions
- Pl a away Audio Editions All PI a away Audio editions 24.01)/o
Please see Attachment B for full category def n itions, which are attached hereto and incorporated herein by reference. Materials
produced for TextStream print-on-demand services may fall i nta any category.
1
I of t(Continued on the following page)
i
I 2016-12-13 Agenda Packet Page 94
I
Attachment A(Continued)
Baker&Taylor
Discount Terms and Conditions of Sale
(b) Titles which receive min mal publisher discount will be invoiced at publisher's list price.
: r Represents publishers with limited sales volume, based upon:a semi-annual review. These titles may be of any binding type or publisher
of origin.
i
(d) represents individual titles which do not qualify for preferred stock status (based upon a quarterly review) and individual titles which
qualify for preferred stock status, but have limited demand (calculated over a rolling 12 month period). These titles may be of any
binding type or publisher of origin.
i
i
(e) Titles where Baker&Taylor receives no discount from the publisher or prepayment is required by the publisher or publishers whose titles
have limited demand and/or nor-commercial publishers will be i nvoted at list price plus$4.95/unit service,charge.
Also, please note that:
Publisher's list price is subject to change without notice.
Except where otherwise noted, book discounts are applied to current publisher's list price at the time of shipment.
Baker & Taylor reserves the sole right to be the final determinant of product categories, category definitions and price
indicators.The discounts vary based on this determination.
Titles are categorized by Baker & Taylor for pricing purposes by considering the binding, general marketing categories,
demand far certain titles, preferred stock status, cost of acquisition, cast of distribution, and the size or type of publisher, as
well as factors related to relationships with publishers such as shipping terms, payment terms, publisher"s discount,
returnability to publishers and other factors.
Product categories, category definitions and price indicators are subject to change at Baker & Taylors sale discretion,
without n6tice, based upon the above-described factors for categorizing titles.
■ For domestic titles where no publisher list price is assigned by the publisher., Baler&Taylor will assign such titles a price in
its electronic catalog which is based upon Baker&Taylor's estimate of rte a rket conditions.
• For imported titles where no publisher list price is assigned by the publisher for the U.S. market, Baker&Taylor will assign
such titles a U.S. dol lar price in its electronic catalog which is based upon Baker&Taylor's estimate of market conditions.
• For PawPri nts editions, Baker &Taylor will assign such titles a price in its electronic catalog which is based upon Baler &
Taylor's estimate of market conditions.
Titles of limited demand or From small or :specially publishers generally are included in Product category IX or Product
Category XT.
The discount tens and conditions in this Attachment A do not apply to Baker&Taylor's Continuation Services or Approval
Programs.
Baker&Taylor provides an invoice that identifies the publisher's current list price, the discount offered, and the exact price
charged for each title ordered
2 oft
2016-12-13 Agenda Packet Page 9
i
I
Atta-6�iroeint A-2
I
Baker &Taylor
Terms and Conditions of Sale
For the pity of Chula vista
Chula Vista{ CA
i
Audiovisual Discounts
Price Indicator Definition Discount
I
Music Compact Disc 27.0 O/o
9 DVC/Bluray 30,0 O/o
7 Pla away View 10.0 0/0
List prices are manufacturers suggested list prices, where available. Where no list
: price is supplied by the manufacturer, a list price will be assigned by Baker&Taylor.
5
1
i -
1
2016-12-13 Agenda Packet Page 96
Attachment B
Category Definitions
I, Ad_uIt.Trade Fla rdcover Ed loons(0,Q(may include some spoken word audio,materials)
Wgh dernand materials frorn widely distributed publishers designed for the general consumer,usually dealing with a subject matter having broad mass appeal. These
tides are typically released in hardback and can be either fiction or current non-fiction. Pub][sher promotional/media expenditures and print runs are customarily
higher for these titles than for most others.Inventory is rnainta ined with preferred stock status(regularly stocked in three to four major warehouses). An example of
a trade edition would be: 14u'DeadlySin by James Patterson,ISBN. 9780315404021.
II. .juvenile Trade Hardcover Editions
H[gh demand,juvenile,materials from widely distributed publishers designed for the general consumer,usually dealing with a subject matter hawing broad mass
appeal. These Utles are typically released in hardback and can be either fiction or current non-fiction. Publisher promotional/media expenditures and print runs are
customarily higher forthese titles than for most others. Inventory is maintained with preferred stock status(regularly stocked In three to four major warehouses). �
An example of a trade edition would be: Are You Ready to Play Outside by Flo Wil[ems,ISBN:9781423113478.
III. Adult Qualft paperback Editions(R,Q
High demand paperback materials from widely distributed publishers,other than the standard rack size paperback,typically found in baak!tores and other retail
cutlets. Inventory Is maintained with preferred stock status(regularly stocked In three to four major warehouses). An example of a quality paperback wcu ld be: The
Bogs in the Boat by Daniel Brown,ISBN 9780143125471.
IV. Juvenile Ouali�y_Paperback Editions(G)
High demand,juveri[le paperback materials from widely distributed publishers,other than the standard racy size paperback,typically found in bookstores and other
reta[I outlets. Inventory is maintained with preferred stock status(regularly stocked in three to four major warehouses). An example of a quality paperback would
be: Tuck Everlasting by Natalie Babbitt,ISBN., 9780312369811.
V. Mass Market Paperback Editions(P)
A standard rack size paperback typicaliy found in bookstores or other retail outlets. An example of a mass market paperback would be: The amity of Ember by Jeanne
Duprau,ISM. 978037 822-742.
VI. Single Edition Rei rif6rd(It)
A high quality binding designed to provide a long shelf life in a heavy use environment. Although the b[nding Is fanned and glued It may not be sewn,which is
typica[ly found in the publisher[ibrary edition. Subject content can include both fictional and non-fiction works appealing to juveniles as well as adults. These
bindings are identified by the publisher,to Baker&Taylor. An example cf a single edition re[nforced binding would be: Because of Winn Dixie by Kate DlCamil[c,
ISBN 9780763650070.
VII. publisher Library Editions(Z)
Fiction as well as nori-fiction materials appealing to both juveniles and adults,designed with the rugged durability required of the environment typically found in a
librarysung. Publisher Libra Editions are traditional) of the highest quality,usuaii fanned sewn and lured to provide the greatest possible shelf life of an
Library Y q tyf y f g p 0 p y
binding. These bindings are identified by the publisher to Baker&Talylor. An example of a publisher library edition would be: Curious George-Visits the Library by
Margaret Rey,ISBN: 9781599614199.
i
VIII. University Press Trade Editions(A)(may in clude some socken mord audio,materials)
This category would include any University Press Trade Editions,both adult and juvenile,and are subject to publisher reclasslficat[on, An example cf a university
press trade edition would be: Alexander Mc ueen: Savage Beauty by Andrew Bolton,ISBN: 9780300169782.
,Text,Technical.Deference.Small Press,andIor Titles of Limited Demand(S,X,Nr L,M,V,L U,1+ ,Letter 0,1,4,5,6,71 S)
Category of materials includes,but is not limited to,text,techn[cal,reference,professional medical,small press,and same university press titles(excluding Un]versity
Press Trade Editions). It includes titles purchased from publishers on a non--returnable basis,those publishers that extend little discount to Baker,&TayIor,and
publishers whose titles have limited sales volume based upon a semi-annual review.
It includes individual titles which do not qualify for preferred stack status(based upon a quarterly review)and individual titles which qualify for preferred stock status,
but have limited demand(calculated over a rolling 12 month period). Additionally,any publisher which is not in compliance with some of Baker&Taylor's purchasing
requirements could be 1 n this category. Materials in this category are both ad ult and j uvenile,may be of a ny binding and may include some spoken word and lo
materials.
Examples within this category would be: The Merck Index,ISBN: 9781849730701, Strategies That Work, ISBN: 9781571104816,Beauty and the East IST;
9781568563811,Generals cf the Bulge: Leadership in the U.S.Army's Greatest Battle ISBN 9780811711999, Frankie Works the Night Shift,ISBN 9780064090951,
and Floods,ISBN 9781624030031
X. Imported English and Non-English Language,Editions F K 3
Titles produced and distributed outside of the domestic US. These titles may be of any binding type and represent various publishers. An example would be EI Angel
Ca[dc by Nalin]Singh,ISBN 9788490825224.
XI. Enhanced Service Program Titles(lJQ)
This categary includes materials where Baker&Taylor receives no discount from the publisher,or prepayment is required by the publisher,or publishers which have
restrictions fin returns,or books of small or non--commercial publishers with limited safes volume based upon a semi--annual review. Any publisher wh]ch is not in
compliance with Baker&Taylor's purchasing requirements would be in this category. Materials in this category may be of any binding. These titles will receive no
discount and are subject to a service charge, An example within this category would be:Business Income Coverage Guide,ISBN: 9781941827532.
XII. Spoken Word Audio(H)
Materia[s designed for the general consumer,usually dealing with a subject matter having bread mass appeal. These titles can be either fictlon or current non-fiction.
An example of a spoken word audio edition would be:The Complete Sherlock Holmes by Sir Arthur Conan-.Doyle-ISBN:9781491542-286.
XIII, Board.Bep.l (I)
Durable materials from widely distributed domestic publishers designed for young chlld ren f pages are manufactured of heavy gauge cardboard to prevent Learing.
These editions typica Ily feature few pages,simple themes a nd colorful it[ustrations or photographs. An exam pie of a board hack would he: Runaway Bunny by
Margaret Mise Brown,ISBN: 9780061074295.
XIV. Move ltX.ItemsIActivity Books(X)
Specially packaged gift set or novelty item related to a book product or attached as an accessory to a book product. These items would include a book with toy,rag
hooks,washable cloth books,books with accessories or kits,electronic sound books,sticker books,tracing books or coloring books. Th[s category also includes any
-.
non-book merchandise such as mode[kits,hobby[pits,flash cards cr jigsaw puzzles. An example of and item in this category would be:Ve[y Huncry Caterpillar
Cookbook&Cockle Cutters Kit by Lara Starr, ISBN 9781452125527.
ACV. Special Programs f D and E as indicated in Attachment A)
Programs,formats,or editions offered only by Baker&Taylor or not included in any other category. These programs include but may not be limited to PawPrints and
Turtlebank editions. Examples of items in this category would be: Clifford's Valentines Day by Dorman Brldwel,ISBN 9781435N1736(PawPrints prebound edition)
and 3unie B.Jones is Captain Field Day,by Barbara Park,ISBN 9780013337670(Turtleback prebound edition)
2016-12-13 Agenda..Packet Page 97
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Attachment
I
Enhanced Services Program
Baer & Taylor is pleased to provide a service that will save your library time and money when
procuring titles from small and hard to find publishers. By utilizing B T's vast publisher and
title database, the library can purchase a wide variety of low demand and small print run titles
from associations and limited edition,prepayment, and non-returnable publishers.
Baker & Taylor's Enhanced Services Program (ESP) provides the library with access millions of
active book titles representing over 75,000 imprints. This breadth of coverage is greater than that
of any other book industry wholesaler.
The ESP program builds on Baler&Taylor's already outstanding publisher relations by:
i Expanding our vendor relations team responsible for the follow-up of all publisher
orders improving the speed of delivery of all tit]es to the library;
■ Widening our publisher base to include hundreds of small non-commercial publishers
formerly considered apply direct by the book industry; and
■ rnereasing our reporting capabilities by providing order status reports for 100% of all
titles not yet published, and by supplying anticipated publication release dates for all out-
of-stock items.
In order to provide these enhanced title acquisition services, Baker Taylor will apply a service
charge to qualifying titles. Material where Baker & Taylor receives no discount from the
publisher, or where prepayment is required by the publisher, or boobs of small, limited- in--demand
and/or non-commercial publishers will be invoiced at list price plus the $4.95 per unit surcharge.
For libraries concerned about purchasing these types of titles, B T's Title Source can assist the
librarian in researching a particular item's category and format. Surcharge titles will appear with
a v or Q in the discount code field. Additionally, you may contact your Customer Service
representative or Information Services via phone, fax, or e-mail (bfinfo(a-0aker-taylort om to
determine surcharge titles before placing an order.
As a convenience to the library, B T can exclude these titles from all orders by adjusting the
library's account profile setup. please contact your Customer Service representative for
additional information.
2016-12-13 Agenda Packet Page 98
i
AKER r3n T A Y LR
Attachment D
Institutional Returns Policy
RFP PO 5—16/17
The following guidelines are required to ensure prompt handling of your return. All product returns
(excluding Book Leasing programs) require prior authorization from a Customer Service
Representative. You may contact your appropriate representative via the toll-free number fisted on
your packing,list.
How to Obtain Retum Authorization
Please use the Return Authorization Form from your shipment's packing list to make all returns. Contact
your Customer Service Representative for return authorization. All claims rust be ,made within 45
days from the date of Invoice.
1. When calling for return authorization, please have the following information available:
A. Return Authorization Form
B, Your account number and ATS#from the shipment's packing list (located mid-page under
the Return Authorization Form explanation)
C. Reason for the claire/return
D. Action being requested -
1. replacement of product
. Credit to your account; no replacement product necessary
, Your Customer Service Representative will assign your return an authorization number (RTA#). i
To expedite the process, please clearly mark the RTA# on the return Authorization Fora and on
i
the outside of the Carton in the upper right corner from the shipping label.
3. Make your return via an insured and traceable carrier; Baker& Taylor is not liable for returns lost
in transit.
4. Products incorrectly shipped by Baker& Taylor may be returned with authorization within
45 days of the product's date of invoice. Product{s} meeting the definition of Publisher
defective may be returned with prior authorization within one year of the product's date of
invoice. Products purchased with value-added processing services which have been shipped as
ordered are considered nen-returnable.
DAMAGED SHIPMENTS: If you receive a damaged carton(s) which resulted in damaged product(s),
please bald the product(s) and save the carton for Carrier inspection. If the damage is visible at the time
of delivery, bring it to the Carrier's attention and note it on the Bill of Lading. Then, contact your Baker&
Taylor Customer Service Representative via the tall-free number listed on the packing list.
CLAIMING }AORTA E : Please check your packing list or invoice before claiming shortages. All
claims must be made within 45 days from the product's invoice date. Please ensure you have
received all cartons of a shipment prior to signing for receipt from the Carrier. Cartons you have signed
for as received from the Carrier are not claimable as shortages from Baker& Taylor.
INTERNATIONAL CUSTOMER ONLY: For information on making returns of damaged, defective, or
incorrect products, please contact your local International Sales Office or our International Customer
Service Department (internationallibrar customerservice baker-ta lor.car t). You may also refer to the
website
http,-,/Iwww.btol.com/international libraries details.efm?sideMenu=Contact%20Us&home=home h
elp details.cfm&ct =1
All returns should be sent to:
Baker&Taylor Returns Center
Department R
261 Mt. Olive Church Road
Commerce, GA 30599
2016-12-13 Agenda Packet Page 99
Attachment D
13
Y,% TAY LO R A K E R SCENE&HEARD AN
r�:
(Updated July 2015)
i
Library & Education Account Audio/Video Product Returns Policy
RFP P05—16/17
The following guidelines are required to ensure the prompt handling of your Audio Video (AV) returns; Music CD, DVD
and B I u-ray product. All AV product returns (excluding OVID lease return product - please contact AV Customer Service for
separate return procedures for your DVD Lease program product) require prior return authorization from an Alf Customer service
Representative. Please contact your AV Customer Service Rep at 800-775-1700.
Holes{to Obtoin Return Authorization
Contact your Alf Customer service Representative for return authorization numbers. All claims must he made within 45 days
of invoice date.
1. when calling for return authorization, please have the following information available:
A.Your account number and invoice#s
B. Reason for the claim/return
C. Action being requested-
1. Rep Iace rnent of product (defective retu r wiII receive a replacement of the same title)
2. Credit to your account; no replacement product necessary for mis-ships
3. Overstock return credit requires Customer Service Mgr and sales Mgr approval
2. Your Alf Customer Service Representative will assign your return an authorization number (RA#). To expedite the
process, please clearly mark the RA#on the outside of the carton in the upper right corner from the shipping label
and on inserted documents.
3. Ship your return via an insured and traceable carrier; Baker&Taylor is not liable for returns lost in transit.
- 4. Products incorrectly shipped by Baker& Taylor require an autorization to he returned. Product should be returned
within seven dams of involve date; must he returned ned within 45 days of the product's invoice date. Product(s)
meeting the definition of a Manufacturer's defective may be returned with a prior authorization for one year after
date of invoice. Products purchased with value-added processing services which have been shipped as ordered are
considered non-returnable, unless disc is defective. In this case, a replacement of same title will be sent (multi disc
sets require all discs to be returned).
DAMAGED SHIPMENTS: If you receive a damaged carton(s) which resulted in damaged Audio/Video products), please hold
the product(s) and save the carton for Carrier inspection. If the damage is visible at the time of delivery, faring it to the
Carrier's attention and note it on the Bill of Lading. Then, contact your Baker&Taylor AV Customer Service Rep via,the toll-
free number above.
CLAIMING SHORTAGES: Please check your packing list or invoice before claiming shortages. All claims must be,made within
15 days from the ,product's invoice date. Please ensure you have received all cartons of a shipment prior to signing for
receipt from the Carrier. Cartons you have signed for as received from the Carrier are not claimable as shortages from Raker
&Taylor.
All returns with RA#.should be seat promptly to:
Ba Icer&Taal or Ftetu rns Cente r
Dept. R
251 Mt. Olive Church Road
Commerce, GA 30599
uestioDs'? Contact your B&T
AV Customer Service Rep (S 00.'77 5-1'700)
Em
ail via In �f�ake�--Ta lor.com or
LibraUA/Vcustomerservice@baker-ta)(I r.com
Baker&Taylor A/V Sales 800-775-1700
2016-12-13 Agenda Packet Page 100
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Attachment E
Catalog Information
Publications
The following publications are available free of charge to Baker &Taylor customers. These catalogs are
available electronically via our website WWW.BAKER-TAYLO R.CO M. From the top horizontal bar, select
"'Libraries"; then"public libraries{'. From the left side bar, select"Publications,'.
Forecast
Our most extensive publication, Forecast is a monthly magazine promoting soon to be published hard
cover, paperback, and spoken word audio titles. Forecast speaks to librarians about future bestsellers
and noteworthy mid list titles so they can make well informed buying decisions. Features include
monthly subject collections as well as publicity news on upcoming author tours, redia tie-ins, and
serial and book club rights.
CATS Series
CATS Series features the newest and most popular continuing series for public libraries, including
picture books, easy-to-read,juvenile fiction and nonfiction, graphic novels/ Tanga/comic strip books,
teen fiction and nonfiction, and Spanish/bilingual titles. New titles are shipped to you automatically
upon publication when you request the series appropriate for your children's and teen collections.
Graphic Novels
Graphic Novels is the Baker &Taylor catalog dedicated to graphic novels, one of the fastest growing
genres in boobs.
Graphic Novels, a full-color publication, offers many pages of title lists and insight into the unique
i
"language" of this specialty category. Sections include:
Graphic Novels Top 25 Bestsellers
Graphic Novels Front List(Neer Titles)
Graphic Novels Core Lists - Series &M a nqa Titles, Stand Alone Titles.and Drawing Techniques Titles
■ Exclusive Interviews with Authors and Illustrators
Award-winning Titles (including Eisner Awards and Harvey Awards)
Graphic llloveI5 is published quarterly.
Growing Minds
This publication is a comprehensive guide to Baker &Taylor's juvenile selections featuring titles
appropriate for all interest levels from toddlers through young adults, published ten times a year, each
issue of Growing Minds contains special theme collections that cover a variety of subjects of interest.
Please vete the June and July issues are combined, as are the November and December issues.
Contents of Growing Mina's include:
■ Board Books
Babies&Toddlers
Preschool
Picture Books
Early Readers
Middle Readers
Young Adult
■ Featu red Series
■ Selected Series
Graphic Novels Series
2016-12-13 Agenda Packet Page 101
Scope
-:--;. scope is Baker Tayl o is catalog of recently released and best-selling hardcover and perback titles
covering the science, technical, medical and academic genres. It is published three times a year,
Spirit
spirit is Baker Taylor's quarterly preview of notable religious, inspirational, motivational and spiritual
titles. In these trying times, these titles will always be popular with your patrons.
Featuring more than Zoo fiction and nonfiction titles, Spirit promotes bath book and spoken-word audio
editions. This publication also provides annotated title listings for topics that range from world religion
and family relationships to scripture and home lifestyle, from spiritual healing to dealing with grief.
These are books and audio books for today's confusing and challenging times.
Contents of spiritinclude:
Adult Books
Children s Books
Audio Books
Welcome Mat
It's time to spruce up the yard, reorganize the clutter, plan that much-needed renovation, update and
repair the plumbing, and redecorate one's living space, and this special annual catalog's contents will
shove You how!
Welcome Mat encompasses a rich variety of neer, recently published, and forthcoming boobs, in
hardcover and trade paperback. It features an outstanding collection of works, for both adults and �
children, that covers such topics as Antiques&Collectibles,Architecture Cooking, Crafts&
Hobbies, Decorating &Design, Gardening &Landscaping. Holidays &Celebrations and
i
Home Repair*
The Alert
The Alert is your complete monthly media reference source for information on DVD and music titles.
The publication features annotations, title collections, retrospectives and much more.
The Alertis available in selection List format for direct, online ordering for customers. Simply login to
Title Source,
Contents include..
Coming A ttraction-5
New Releases
Foreign Films
A of e
Family and Children� Titles
Irstructlonal an a'Educational Titles
Video�.spanol
Music A udio
usica Fspanc/
Bestsellers
2016-12-13 Agenda Packet Page 102
-- --..-.-. - --
I
Attachment F
Continuation services Program Description—Traditional Referenice. eri�s
Since 1958 Baler &Taylor has serviced over 6,000 libraries worldwide with our Continuation Services program.
Baker & Taylor has extensive knowledge and experience in this area and offers the- most comprehensive
program available in the industry,- TIS-is_economical and-efficient service enables librarians to select the titles
they need on a standing order basis, ord erfrom a single sou rcet f and manage-costs and collections with precise
reports. our commitmertt_to customers is 'to- regularly monitor 40,000+ Series offerings from 14{000+ I
Publishers and to identify, order, and ship titles in a timely and efficient rna rier. The Continuation Services
department employs a group of experienced Research Ana[ysts whose primary function is to review publisher
catalogs, web sites, and trade journals to identify current and forthcoming-issues contaih6d in our Series
offerings. with over 75 years of collective experience in the industryf their mission is to keep our
comprehensive series/title database current{ accurate, and complete. Our- seasoned buying department
promptly places orders with Publishers 3-6 months prior to publication date to ensure that our customers
automatically receive standing order titles in a timely manner,
Only Baker &Taylor can provide ALL of the following standing order services to the Library:
Access to a 40,000+ Series/title database Dedicated Account Representation at(800)
14,000+ publishers monitored 77.5-3600
Free Price Quotation Service 1v V1ar (quarterly publication of
Alternate-year cycling Continuations titles)
Free Comprehensive Management Reports 0 Customer access to database via the world
Customized Subject Selection Lists wide web: http://CoMpass.baker-taylor.com
Processing components (Value-added * Free Account Transfer Service
services) 0 Publisher flyer mailings announcing "new &
Series &Title Status reports delivered noteworthy,'Series
electronically And much more .......
4
1 .
Our Continuation Services database includes 40,000+ Series representing in excess of 250,000 individual titles.
These include numbered and unnumbered monographic series, proceedings, non-subscription serials, sets in
progress, selected U.S. government documents, and publications of the United Nations and other international
agencies, as distributed in the U.S. Some of our best-selling series include: world Almanac and Book of Facts,
writerfs Market, Rand McNally Road Atlas, Physician-s Desk Reference, Scott Standard Postage Catalogue,
Fodor's Travel Series, Peterson's Guides and Mho's who Directories.
Unlike other vendors in the industry, B&T does not limit your selection of series and titles to a closed listing.
B&T offers series from a wide variety of publishers and has an extensive offering in text, technical and
reference series collections. If you are interested in receiving a series which is not in our database, we will
contact the appropriate Publisher to determine its availability and establish it for you.
COMPASS http-1Icompass.baker--tar.com
Compass, a web-based management tool, will enable the Library to access the CS database and program on
the Internet! Compass is Free of Charge to qualified applicants. Using Compass, librarians can now reduce
time consuming phone calls and paperwork by modifying profi[es, creating bibliographic searches, submitting
claims, and developing management reports on-line, 24-hours a day, The benefits of this system include:
0 view/modify your CS profile on-line. Subscribers can make title changes, add series, or review pending
shipments at their convenience.
a Access to Enriched Series/title database containing over 250,000+ titles. Search options include; ISBN,
title, publisher, author, editor, subject categories, and more.
2016-12-13 Agenda Packet Page 103
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Attachment F
On-line claims and new series request service—Now, claiming a specific issue or requesting new series is
only mouse array. our program specialists will constantly monitor submitted claims and provide
daily updates, so subscribers can male informed decisions.
• Alphabetical search function which enables bles a user to easily navigate through their profiled series based on _
the first letter of a Series title. '
• A print prefile feature allows a user to print or view a complete list of their prefiled series from their own
personal computer.,
• Pop-up messages to Deep users informed every step of the way, as they make modifications to their prefile.
• A detailed Compass user's manual which can be accessed directly from the website,
• A direct hyperlink to a dedicated Customer Account Representative who will be able to answer questions,
process requests., and research claims.
Compass displays all available issues within a specific series– now the Library can complete incomplete sets,
fired missing back issues, or order extra copies of an issue in a popular series with just a fere keystrokes.
Compass has been designed to be quick and easy-to-use. Baker &Taylor has not employed any complex
graphics, which can delay download time. The'point and click" interface means that information is never more
than a text box away, with no complex commands to remember or difficult menus to navigate. The entire
library staff will be able to use Compass without the need for time-consuming training sessions or complicated
user manuals,
Comprehensive Manatiement rts
A variety of reports can be prepared, based upon specific customer needs, in both electronic and print forrnatsk
Master profile reports, backorder status reports, shipping and invoice histories are available in Excel and word
formats. Upon request, Continuation Services can customize and sort the data contained in these reports based
on frequency, price, subject, or other individual customer requirement.
Title Reports
As our Continuation Services staff receives updated product information from publishers (i.e., ceased
publications, merged series, title changes, significant price increases etc...), Title Reports aro immediately sent
to our customers to beep them informed of changes to series on their profiles. These title reports can be e-
mailed or sent via US mail to the primary contact at your library.
Publisher Flyer Program
Promotional flyers from our vendor partners announcing"new ¬eworthy"'series are mailed to our customers
4-6 times per year. FREE of Charge. Each flyer describes important new-series, ID numbers, publication
titles/dates and is designed as an order form to simplify the process.
The Ncior
Quarterly publication of forthcoming titles. Free of Charge. The Core list, published each Spring, contains
more than -500 titles covering a variety of subject areas, including: Business,Travel &Tdurismf Bibliographies{
Corn p uter-Technology, Economics, Education, Occupations &Careers, and much more;. Libraries of all types
can rely 6n this authoritative list-to build or enhance their standing order collection. Each Core List entry
includes series ID, title, publisher, last title polished,'last date published, list price, frequency and special
notes. Additional information, such as subtitle, title changes, or other pertinent data can be found in the
"n otes�'column for selected entries. Other specialty subjects such as Travel or Occupations/Careers are
highlighted in other issues of The Navigator throughout the year.
2016-12-13 Agenda Packet Page 104
---------
Attachment F
Free Price Quotation_Service
submit a list of standing order or serial titles to our Continuations staff, and they will provide a price quotation
listing the most recent issues available. FREE of Charge, If requested series are unavailable, recommended
replacement options aro indicated where appropriate.
Free Account Transfer Service
Baker &Taylor can handle all of the time-consuming account transfer tasks{ FREE of Charge. When the
institution wishes to transfer standing order business with other vendors to E&T, the Library only has to follow
two simple steps;
1} Forward a notification letter requesting an account transfer with a supply of your Library's letterhead and
envelopes.
Include your current standing order titles listing including the publisher/vendor name and address for each
title and the last issue received by the library.
Baler &Taylor will tale care of the; rest including:
Forwarding cancellation notices to the applicable publisher/vendor
Periodic updates of pending titles, including additional requests to publisher/vendor
Confirmation of your current Baler&Taylor series profile to ensure all titles have been added.
Processi r Continuation Titles
Baler & Taylor will be pleased to provide processing services for your Continuation titles. Available Value-
Added
aIue-
Added Services include: laminated covers, myla r jackets, property stamping, bar cedes, customer-supplied
labels and theft detection.
Customer Account Representation
Our staff of dedicated professionals is at your disposal to assist with the maintenance of your account; they may
be reached via a toll-free Customer service number. The Continuation Services staff is committed to serving
customers promptly and efficiently.
Hove to Order
B T can accept CS orders via phone toll-free, by fax, mail, e-mail., or electronically on--line via COMPASS
htt : com ass,btol,com- once the orders are received, your account representative will immediately update
the li bra r y's customized account p rofile(s), Account profile confirmations will be forwarded directly to the
individual library address upon request.
Ordering Address: Phone E a#.
Baler&Taylor Telephone: (boo) 775-3600 x7295
Attn: Continuation Services Fax: (Boo) 775-1600
1120 lis Highway 22 East E-mail: http..L compass.baker-taylor.com
B ridge ater, NJ 0 807
f.
2016-12-13 Agenda Packet Page 10
4
Attachment
Axis 360 Overview
Axis 360 is B3ker& Taylor `drgrtal content hosting and delivery platform which provides mann ed accessto
i
electronic materials for authenticated users of library resources. �
The Axls 360 platform enables llbraries to assemble a repositor} of digital matenals and to rake those materials
available for download to the computers or portable ereading devices owned by users, Leveraging cloud-based
hostin, , con tern t is delivered to qualified borrowers for a time period set by the Library�Axis 360 platform
administrator. The free Axis 360 mobile app and the Axis 360 app for Window enable patrons to read digital
content from the Axl,5360 platform on a variety of mobile and offline devices. These include devices using the
Windows operating system,Android operating system, including Kindle Fire devices and DS devices(Apple
reads, Phones, and lPod Touch). The free ePub Adobe Digital Editions option also adds delivery to Nook, Sony
Reader, lobo, and other dedicated eReaders and for Mac os devices.
The Tis 360 platform hosts ebooks, including enhanced ebooks that combine text with narration, and, e-audio
from A coustik.
Materials aro available to loan on a one hook orae user model. At the end of the defined access period, digital
rights mar apemen t programming, which governs the availability and use of the electronic content,
will expire
,f and the user's copy is returned to the Institution�digital repository for use by another
patron. Copies of books returned to the institutional repository are a vailable to loan to a new user and will be
delivered as a pristine copy ready for that user to annotate and bookmark, if desired.
data Fxcharr e with In rated Libra Sys
The Axis 360 platform can be configured to leverage components of integrated library systems ILS). For
example, Integration with the ILS can allow for authentication v la the patron user database toman-age user
access privileges. Integration with the ILS can also provide direct data exchange with the ILS circulation
module{ so that the library gill be able to pull circulation statistics for drital materials from the same source
generating physical maternal usage information.
ww werr^wwrrrrr srwsnr rn��r�+wwwwrwwr r rawer wrr�w
Annual hosting fees for services are dependent an the service levels and reeds of the Library, We
will be please#to provide a customized pri'cing quo tation;Tease contact our ekes for additional
information.
E-content is invoiced at list price{per item-,
' t
2016-12-13 Agenda Packet Page 106
DATE(MMfDBfYYY)
CERTIFICATE CF LIABILITY INSURANCE 0511112C)16
THIS CERTIFICATE IS ISSUED AS A MATTER OF iNFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE FOLDER. THIS
CE RTI FICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AI4 EI Nl), EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETVVEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATiVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL.INSURED provisions or be endorsed.If
SUB ROGATION IS WAIVED,.su Inject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this
certificate does not confer rights to the certificate molder in lieu of such endorseFnent(s). 4--F
PRODUCER CONTACT -0
DAME: —
Aon Fisk services central, Inc. PHONE S –�1�� I=AC (SOD) 3 3-�i a-
Chi
Chicago IL Office IArc. �.Ext}: ,4�c.Ne.: -a
200 East Randolph E-MAIL
ctrl sago IL 60601 USA ADDRESS: �
INSUIRER(S)AFFORD]NG COVERAGE NAIL i�
INSURED INSURER& Lloyd's syndicate No. 2523 AA-1128623
BTAC Acqu i Si ti on Ho l di nqs, Lt[ IN-SURER g: Hartford Fire Insurance Co. 19682
and Baker & Taylor, LLC
a wholly owned subsidiary IN-SURER C; Trumbull insurance company 2 120
of Follett corporation IN-SURER C: Twin city Fire Insurance company 29459
3 westh rook corporate Center, Suite 200
Westchester i�- 601. 4 USA IN-SURER E: ACE Property & Casualty insurance Co. 20699
INS U PER F:
COVERAGES CERTIFICATE NUMBER: 570062066536 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED RFL.OW HAVE BEEN ISSLIED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM[OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VVITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREiN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SH CVVN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested
INSR
LTR TYPE OF INSURANCE INSMO WVDR. POLICY NUMBER MMfaWYYY mMfdn EXP LIMITS
13 X COMMERCIAL GENERAL LIABII-17Y CS ES EACH OCCURRFNCF -11 t 000 1000
CLAIMS-MA-DE �OCCUR DAME► $130001000
ACE
ES Occurrence
XC Carl Agg Cap Llrrnrt$25M MEQ EXF(Any one person) $101000
PERSONAL&ADI!INJURY .L,000,000 [D
LC
GEN'LAGGREGATE LIMITAPPL IES PER: GENERALAGGREGATE $210001000
POLICY ❑ R LCO PRODUCTS-CCMPIOPAGG $i,000,000 JFCTCN
OTHER: �
B AUTOMOBILE LIABILITY 83 ESE 526403 04/01/2016:04/01/2017 COMBINED SINGLE LIMIT $2'000,000 �
Ea aceldenk
ANY AUTO DODILY INJURY(E'er person) 0
OVVNEd SCHFDMEO 130DILY INJURY(Per accident) �
AUTOS ONLY AUTOS �
tiEf�lrlI AUTOS NON-OWNEDPROPERTY❑�AN€AGE �
ONLY AUTOS ONI-Y (Per accident)
+_
IV
E }C UMEIRLLLA LIAR OCCUR OUG2796736AQOI 04/01./2016 04/01/2-017 EACH OCCURRENCE $57 000,000 �
RECESS LIAB CLAlh1f5-r AIRF AGGREGATL $5,000,000
DED RETENTION o,Boa
C WORKERS COMPENSATION AND 83WNE26400 04/01/2016 04/01/2017 X PER STATUTE 04/01/20J-6 04�a1 f X0
N�� $3UJB f�S�fi40�. ].7 ORTH-
EMPLOYERS'LIABILITY
ANY PROPRIETORF-!PARTNER!EXECV7I�cY f N AOS E.L.EACH ACCIDENT $1,000,0W
D a��I��I�rrWiEMeER� �Lu1�E�� �
(mandatM In-NH) WI & NR E,L,DISEASE-EMPLOYEE $1,0001000
3I:yes, lac under E.L.DISEASE-POLICY LIMIT $1P0001000
DESCRIPTION
ia�l❑F❑PERATIDN5 below
A cyber Li abi l i ter WIAA171601.01 02/01/2-016 0210112017 Aggregate $11 000,000�
SIR applies per -policy tors & conditions
DESCRIPTION OF 0PERATIONS J LOCATIONS I VEHICLFS(ACO-RD illi,Additional Remarks Schedule,may be-attachled if More space is required) �=
professional Liability coverage is 1-ac7 uded in the cyber i}o1 i cy referenced above.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THi=
EXPIRATION DATE THEREOF, NOTICE WILL BE ]DELIVERED IN ACCORDANCE Wr H THE –
POLICY PROVISION&
Baker & TaYl O r r LLC AUTHORIZED REPRESENTATiVE
2550 west Tyvola. Road
Charlotte NC 28212--0000 USA
@1988-2015 ACORO CORPORATION.All rights reserved.
ACORD 25(2016103) The ACORD mare and logo are registered marks of ACORO
2016-12-13 Agenda Packet Page 107
r r - si+r• ..ry w • .. ... r...... - tea.....r.F . +++i . + + .r r rr..r - - i - + .+ +•,r+ •r+L..+i►
CiTYOF •
Finance Department
CHULA"STA
September Sf 2016
ADDENDUM#1
RFP P05-16/17
Library Boobs and Audio Visual Materials
Change##1) Please change the Due Date to submit inquirers from September 12,2016 at 5:00P.M.to
September-15, 2016 at 5:CO P,M.
All inquiries to be submitted by email to sbroeks chulavistacaov.
Change##2)Change Responses to Inquiries date from September 15,2016 by 5:00 P.M.to September 20,
2-016 by 5:00 P.M.
By 5:00 P.M. Responses will be issued as ars Addendum to this proposal. Notification will be seat by
Planet Bids when Addendum is ready to downoad.
= Please sign and date this Addendum##1 and return a copy with your proposal as acknowledgement that
you received and read this information.
P ri n t N a rye: L ee Ann Queer., Director-Pricing Services
F�
Signature* ,�, r
Date: September 29., 2016
Replacement page#2 15 attached to this addendum. It shows these changes_
Thank you,
S uzi Brooks
Sr. Procurement Specialist
i
276 Fourth Avenue, Chula Vista, CA 91910 I www.chulavistaca.gov (619)6-91-5250 fax (619) 585-5685
2016-12-13 Agenda Packet Page 108
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P P05-16/17 Page 2
September 2,2016
CnY OF
CHULA VISTA
r
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PROPOSAL TI ELINE
Projected Timeline
Issue Request for Proposal September2,2016
Inquiries Due S eptember 12,2016 Change to S eptem mer 15,2016
Responses to Inquiries September 15,2016 Change to September 20,2016
Proposals Due 0etober 3,201.6
Proposal Evaluations October 4,2016-October 6,2016 ,*
Negotiations October 7,2016-October 10,2016
Award Recommendation October 11,2016 .
City Council Approval
Execute Contract TBI]
Proposal Submission+
i dde rs shall submit three )complete sets of their Propos L Three ) current
published price lists shall he included with the Proposal* Additionally please
provide a compact disk or USB Flash Drive of the proposal submitted and the
current published price list.
All inquiries to be submitted by email to shrooksfavi taco_. y by September
15, 2016, no later than 5,00 P.M. PST
n ui ries will he posted as a rs ad d end n m b :00 P.M. tember 20,
�s pons t�� � p Y p
e ti a bidders when the addendum is read
dot�. Planet Bids will uot}���prospective y for
download. All addendums rout be
signed, dated and returned wiith your
proposal to ack..0 uwled a that they ere received and read.
(REPLACEMENT PAGE#2 Sept 6, 2016, 1b) �
2016-12-13 Agenda Packet Page 109
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fir*�lir
�
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of
CHULA VISTA
September 19,2016
ADDENDUM #2 RFP POS-16/17
Library Books and Audio Visual Materials
The following Inquiries were received from prospective vendors. The responses are provided by City
Library staff and Purchasing Division staff.
inquiries/Questions (Bold Black)
Responses(Green)
We received your IFR for Library Books and Audio--Visual Materials and would Ike to inquirelf a
vendor will be considered for an award if they do not bid on the Audio-Visual Materials and
downloadable formats of the bid?per the proposal-page 10.Award.) Bidders rust bid on every line
item on the proposal form.
2)
Does the Library require cataloging servlicets? No,we do not require cataloging services,
Will the secondary vendor be required to provide processing a nd f or rata I ogi ng for materials,or will
items be purchased from the secondary as product only with no physical processing? No.it is possible
secondary suppliers would be considered for product purchases without any physical processing.
4
sample Contract, page 3.Section 2 Compensation: please provide more details on Section 2.4
Retention policy.Items will be invoiced as they are shipped,and there will not be one single invoice
for the entire project, Does City of Chula Vista plan to retain 10 of each invoice?What is the
timeframe for City review of invoices? Retention will. not apply to this contract.
5)
Quick cluestion.- Did you get a funding increase? The amount in the RFP is much higher than you
spent with us last year.Maybe you are bouncing back from the budget cut you mentioned last year
Fy.
The doliar amount referenced in the request for proposal is our anticipated budget
2016-12-13 Agenda Packet Page 110
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6) 1
Proposal Form p.3
Q1
The materials described in items 1.2p 3.p 4.,and 6 may be either paperback or hardcover
bindings. Will the City accept a hardcover arida paperback discount for each of these line
item categories?
Yes
Q2
Regarding item 8,will the City accept a different discount per format as listed(A, B..,and C j?
Yes
P.9
Q3
Regarding the request for 3 price lists.,may vendors instead supply a link to an online catalog?
Yes
P.11
Eva I uat ion
Q4
Item 7 refers to the availability of other services such as leasing and standing orders.
Does the City desire only information on these programs or should pricing also be included?
We want pricing on pre-processing
b.if Pricing is desired, please provide additional details on the Library's requirements for
leasing and standing orders,
Pricing for barcode,spin label and book corer preprocessing.
p;14
item 2—Bidders Security General provisions. We world have listed provided information if
it was required.
Q5
Are any bid deposits required for this solicitation?NO.
p.17 Item 19+Warranties
There are no laid deposits,
p.19 Item 25 Faithful performance Bond
Q6
Will the City require any performance bands In association with this hid award?
No we would have provided information if we did.
P.19
Item 2$Award of Contract
2016-12-13 Agenda Packet Page 111
1
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Q
Different sections of the bid reference different award scenarios. Does the CI tya
n lici ate
�
sole award or primary and secondary award or award by group of'items to various vendors?
Award to he rade as a LOT.One vendor
7) we were hopi ng to get the specifications for the Library Books and Audio Visual Materials bid* if
You could email or fax the specs to.....That would he greatly appreciated],
I
This is a formal bid. You must register on line through our portal with Plant Bids and down load the
proposal*All specifications and instructions are in the proposal.
Please sign, date and return this Addendum#2 with your proposal as acknowledgement that
you received and read this information..
prirpt IName,, Lee Aran Queens Director-Pricing Services
Signature* }
Date: September 29� 2016
Thank you,
Suzi Brooks
Sr. Procurement Specialism
2016-12-13 Agenda Packet Page 112
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RFP P05-16/17 Page l
September 2,2016
Ow Of
CHULA VISTA
i
NOTICE TO 1311)1)E
NOTICE IS HEREBY GIVEN.,THAT SEALED PROPOSALS WILL BE RECEIVED UNTIL 11:00 A.M.
ON THE 3rd DAY OF OCTOBER,2816. TO FURNISH THE CITY OF CHULA VISTA WITH:
LIBRARY BOOKS AND AUDIO—VISUAL MATERIALS
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ALL PROSPECTIVE BIDDERS ARE HEREBY REFERRED TO THE PROPOSAL INSTRUCTIONS,
GENERAL PROVISIONS.,SPECIFICATIONS.,AND TERMS ANCA CONDITIONS CONTAINED I N TFT
REQUEST FOR PROPOSAL.ALL PROPOSALS MUST BE SUBMITTED TO SUIZI BROOKS.
CITY OF CHULA VISTA.
FINANCE DEPARTMENT/PURCHASING DIVISION
276 FOURTH AVENUE
BUILDING "'A
C H U LA VI STA, CA 91910
ALL PROPOSALS MUST BE SUBMITTED TO THE PURCHASING DIVISION I N SEALED
ENVELOPES PLAINLY MARDED WITH THE PROPOSAL NUMBER,,TIME SET FOR OPENING
AND COMPANY"S NAME. PROPOSALS RECEIVED AFTER THE TIME SET FOR OPENING WILL
NOT BE CONSIDERED&
THE CITY MESE RUES THE RIGHT TO REJECT ANY DR ALL PROPOSALS ESR ANY PORTON OF
ANY PROPOSAL, OR TO WAIVE ANY IRREGULARITIES OR INFORMALITIES IN THE
PROPOSAL.
PROSPECTIVE BIDDERS must be registered ori-line at:
htt2-.,//www,chulavistaca.gov/departmentsLfinance/selli to-the��it�
BID Opportunities/Vendor Registration and follow the instructions.
Please register in categories Library Equip/Supplies 52 500,.Library Services 95600,
and Publications/Audiovisual Mat'I 71500i
Specifications and submittal instructions can be found under RFP P05-16/17.
All BIDDERS must be registered with current contact information on Planet Bids.
Pros pective Bidders must log in a rid d ow nIoad complete pro posa I specifications
from Planet Bids. Notification of addenda ms will be seat vla Planet Bids'
Suzanne Brooks, Sr. Procurement Specialist GATED 09/02/16
s brooks 2c h u l a vist aca
. i
2016-12-13 Agenda Packet Page 113
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RFP x 05--16117 Page 2 �
September 2,2016
I
�Y I
CHULAVtffA
I
PROPOSAL TIMFLINE
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Projectet1 Timeline
Issue Request for Proposal Septeniber2,2016
Inquirpoes Due September 12, 2016
Responses to Inquiries September 15, 2016
Proposals Due October 3,2016
Proposal Evaluations October 4,2016-October 6, 201
Negotiations October 7,2016-October 10, 2016
Award Recommendation October 11, 2016
City Council Approval
Execute Contra T B D
I
Proposal rrbnii siun:
Bidders shall submit three(3) complete sets of their Proposal. Three(3)current
published price lists shall he included with the Proposal. Additionally please
provide a compact disk or USB Flash Drive of the proposal submitted and the
currant published price list.
Inquiries.
All inq uiries to be submitted by email to sbrooks a ch ulavistacaby September
12, 2016, no later than 5*00 P.M. PSS`.
Responses to inquiries will be posted as an addendum by 5*00 P.M. September 15,
2016. Planet Bids will notify prospective bidders when the addendum is ready for
download. All udden d urns must be signed, dated and returned with your
proposal to acknowledge that they were received and read.
2016-12-13 Agenda Packet Page 114
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Baker& Taylor offers categories of material other than those listed below.
Please see Attachment A for a complete discount outline and Attachment B for Category Definitions.
-- RFS'P05-16117 3
Sepfe ihcr 24 2016
❑nY of
CHUTA Vt9A
i
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PROPOSAL FORM
The bidder herebv oMrs,subiect to a I I specifications,terns and conditions,and general provisions
herein,to furnish the City ofhula vista LIBRARY BOOKS AND UDIO-"VISUAL MATERIALS
for a period of trent -four(24) months as follows.
Item 1)escr1h)t*10n Estimated 24-Month Percenta�
I -7 Print Material Projection 111iscou nt
1 Adult Trade Books, General Readership
(Fiction & Non-Fiction) $150,000 46.0%
Category 1,Attachment B. (Hardcover)
Juvenile Trade Boobs
(FictionIkon-Fiction) $90,000 ��:�
Category//, Attachment B. (Hardcover)
0%
3 Bestsellers $705000 4 y
Categories i&11,Attachment B. (Hardcover
4 cference/Technical. Textbooks $20,000 10.0
Categories Viii, IX&HCl{Attachment Br
Mass Market Paperbacks 1 0,000 - co�aieslti#le 40.0%
Category V,Attachment B. 5+copies/title 41.51
6 Books of a Trade Mature(Small Publishers
Not Included in Annual Tracie List). $10,000 10:0
Category 1 ,Attachment B.
7
Publisher's [Library Bindings 0,000
Category tl11,.Attachment Sf
Audio-Visual Materials: 70.9000 see below
A. Spoken Word Compact Discs 45.0% (popular editions - Cate9 ory XY
B. IU 'D's 30.0
C. 13lu-bays 30.0%
Interface and Electronic Links
Bidder shallrovide ars online ordering tool that accurately displays publication date, availability,
p .
current stoop on hand and status o1`exi sting order, Kidder shall provide this tool at n0 add iti onal or
minimal cost. Bidder shal I provide an abi Iity to v iew,download and print invoices and statements..
Bidder shall provide the ability to electronically interface with the Library's Innossai iie Interfaces
ierra syste ■ Bidder shall describe any electronic mechanism c
mfor invoiing. [bidder shall provide
ales which receive minimal publisher discount will be invoiced at publisher's list,price. titles where Baker& Taylor +
receives no discount from the publisher or prepayment is,required by the publisher or publishers whose titles have limited
mm e,rcial publishers will be invoiced at list' rice plus a$4.951unit service char`g�e.
demand arrd�or rrorr co � �
This discount will apply to popular editions from widely distributed publishers. Not all spoken word audio editions
20j+f:L36j fe�MWN"jjet Other editions will be discounted per Categories 1, ll, Vll, 1 ,X or X1(Attachment A): Page 115
i
RFF P05-1El17 Fuge 4
Septe nher 2,2016
CM of
CHMA VISTA
i
at least two ( ) public library accounts and contact person with telephone numbers that have an
Operational interface between the Bidder's system and the Ii brary's Innoilafive Mier irces Sievrra
system:
Name�e of Public Library Contact Person 'hone
F
San Diego County Library(San Diego, CA),lenniler Lawson 858+694-2460
Pasadena Public Library(Pasadena, CA) Brigida Campos 626-744-4037
rFuIriIIm en t and Delivery
Bidder shall state ability to provide bestseller books, DVDs, and Blu=Rays prior to the scheduled
release date, to confirm status of items ordered, and the average period of time such confirmation
occurs:
Please see our attached bid response.
Bidder shall state what percentage ofan order} on average, will be delivered within 30 days offer
receipt of the order:
90-96 % for ire-print and available materials
Bidder shat I specify the average number nfdays after receipt of order(ARO)to the point ofdelivery.
2-3 DaysARO for in-stock titles with no processing or mylar jacket only
Bidder shall stag the average percentage of out of stock items and the average time for deliver :
5 % lays ARO
Bidder shaI I describe routines for dealing with gout of stock items",e.g. frequency of back orders,
air factors rr�alin hakord rin impossihl ,rrinimurn sizif;anr of urd �r allrir backorders to
be placed,,
No minimum order sire is required to allow bakorersArr Gilles not immediately available from our
inventory will be promptly backordered- Please sea our proposal for additional details.
* Lased upon asters for titles that are ire-print and available. Delivery time is dependent upon publisher availability,
2016-12-13 Agenda Packet Page 116
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RFP P05-16/17 Page 5
September 2,2016 .����
i LA VWA
i
Fultallment and Deliver ContinuCd
Bidder shat I spec I rush order mechanisms avai Iablet e.g.2 4-hour deIivery,ordering;requirements}
minimurn quantities for such orders:
Rush orders are available, however, overnight delivery charges, if requested, will be the responsibility
of the City of Chula lista.
Bidder shall specify iI'multi pla copies of a title ordered would be shipped as quantities permit or
when all quantities ordered are available. Also, V ILibrary may select a prelerenee:
The Library ma oft to receive partial quantities or to receive full quantities only. Please see our
proposal for additional details.
Bidder shall describe any other fulfillment. and delivery mechanisms available, how long they
operate,and how long they tale:
Please see our response for information on profiled automatic shi ment services.
Locat'jon and Capacity of 1 arohotINC
Bidder shall state the location o f the nearest full capacity warehouse:
Reno, lel
Bidder shall state the present stock in volnrnes and titles:
,faker& Taylor has a national inventory of 18 million units, including over I,o0o 000 titles.
Bidder shall state the approximate number ol`publishers represented in thewarehouse:
76,000+eublishers and imprints
i
2016-12-13 Agenda Packet Page 117
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RFP P05-16/17 Page 6
Septeiaher 2,2016
ow OF
CHULA VITA
ustonier Service
Bidder shall state the location of the nearest point orcontact to Chula Vista:
Sales Consultant, Janice Lentz, is based out of Oceanside, CA.
Regional Director, Dave Hargrave, is based out of Paso Robles, CA.
Bidder shall state the name of the account representative assigned to the City and his/her role and
responsibilities:
Donna Elam, Customer service Representative-Books & spoken Word Audio=(800) 775+1200, ext.2746
Bob Williams, -aside Account Re resentative-Music/DVD=L800) 775-2600.,ext. 5815
Toll free number-. please see above
Customer Service Hours: 5:00am to 4:00prn(PST) Books/spoken Word.Audio
7.00arrr to 4:00prn (PST) Music/D VD
Sustainability Efforts its Fnvi r��nmeatAl Res orisll��llt r
Bidders shall describe conservation el f orts us by c���an ani su�estions to help the pity of
Chula Vista reduce our carbon footprint:.
Tease see our laid response.
i
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Septe her 2,2016
CRY of;
CHUTA VISTA
References
Bidder sha I I list the rive(5)largest public I i braxy accounts to which they have been a major supplier for
the last three}years
'acme of t'tibfic Library Contact 11'erson Phone## Value of Business
1. Los Angeles County Library Wendy Crutcher 562-940-8503
(Los Angeles, CA)
2. sari Diego Public Library Robyn Gare-Nor uist 619-236-5803
(sari Diego, CA)
3, Sari Diego County Library -- - Jennifer-Lawson 858-694-2460
(San Diego, CA)
_... 4. Phoenix Public Library Rita Hamilton 602_262-4735
(Phoenix{AZ)
5. Firma Public Library Diane Ward 520-594-5629
(Pima, AZ)
Payment Terms
Terms: Net % 30 —Days
[prompt payment discounts offered for less than fifteen(15 days wi I I not he considered
proposals in��raluatin
osals for award. However, discounts offered of fess than fifteen (f 5) days will be taken if
payment is made by the City within the discount period. In the absence ofterms� pa yment sha11 be
Net Thirt (3 0) Days.
*Annual}purchases from each of these clients is$1 million or more.
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Septeni her 2,2016
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Public AgencV Partlei Vation
Other pu b l i c a enci e s(e+ .city,count ,public corporation,po l iti cal subdivision}sch0o I i strict,or
water authority)may want to participate in any award as a result of this proposal. The City olChula
Vista shall incur no financial responsibility in connection with any purchase by another public
agency.The public agency shall accept sole responsibility for placing orders and making payments to
the successf'u'l Bidder. This option will not be considered its proposal evaluation. P least i ndi Bate
xvhether this will be granted.
Yes X No
PUBLIC DISCLOSURE
All bids submitted in response to this RF13 become the property of the City and public records,
and as such may be sub'ject to public review. Under the Cali fornix Publ is Records Act(Cali fornix
Government Code Section 6250 et seq.)records in the custody of public entity generally have
to be disc losed un less the in formation being sought fal Is into one or more of the exemptions t
disclosure set out in Government Code Sections 6254 through 6255,
cover letter submitted with the bid should contain a paragraph that states whether or not Bidder
(Contractor orVendor) believes that its bid does or does not contain i n f Orrnation that falls into
one of the exemptions of Government Code Sections 6254 through 6255 and whether or not
Bidder (Contractor or Vendor)considers such information to be coni idential.
In the absence of a declaration, the City may be obligated to disclose the bide to any partly that
requests it. Regardless of assertions of confidentiality, bid contents may still be disclosed 'f City,
or a court with jurisdiction, determines that such bid is a public record requiring disclosure
a
2016-12-13 Agenda Packet Page 120
Page 9
=
RFP P05-16117
September 2,2016
��
L1y c
C HULA A
I
11ROPOSAL AND OFFER TO CONTRACT
• cal Pr poser,Contractor r Vendor) sub its a bid and offers
The T�i�ld��-�h�r��r��l��r s���tirx�e�
to enter into this contract
with the City of hula V'sta (he
rinftrltr tli dso
av of
October, 201as follows.
•
This Proposal and Offer, subject to h thespecifications, terms and conditions, an
general provtsin herein, uaccepted when dl tedby the City, shall constitute the contract
between the parties.
� the iter,and in accordance with the
In�an �•� rat��n of the�� n��r�t�t���provided �'
al Forms and s e ifi ations attached and by this
��nd�t��u� ���r����� �n the �r���� �
w to furnish the City of Chula Vista with
reference incorporated herein,contractor agrees
Library Books and Audio-Visual Materials#
followingsection must be fille(# in con1#)lete1v:
The
Company Name: Baker& Ta lor, LLC
#d re 2550 Tyvola Road, Suite 300
city Charlotte State NC Zip 28217
7049983260
Telephone 800_775-7930., ext. 34Fax - -
Email bids@baker-tayior.com
Queen Title Director, Pricing Services
11rint Name Lee Ann Que �
}
September � 2016
Signature - ,f
Date
I
Clete sets of their p rnf�nsnt. Three(3) current l)trblished
BiddersBiddersh��ll ��rl�nrt�t three (3) complete
'
r ] Additionally please N�,tleaconipactdisk or�
price lists shalt he inellitle # ��ith the proposal.t
Hash Drive of proposal stibalitted and the current published price list.
��i� lel��h >.�rr�c l �
Price List
Please see
r�r rl bsite for title listings. Title data is updated on a daily basis. Access the
Title Source site at:
http://�ublicliibr'ary.abtoi.coir.,
Login: CHULAVlSTA
Password: BOO 51122
i
2016-12-13 Agenda Packet Page 121
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--- RFP POS-16117
seplember-2,2016
Of
H 01VVISTA
I.
EN F� L O�1111)1TION i.
i
I
overvicA
. � Library�r�o����ilr�i�Ni���al and downloadable
This PROPOSAL is for furn�shin Vista Public Library over a two �
�1�� t� ���,�]00 to the �t��f Chula ,
an estimated alae of� ���, additional one�l�year per��ds. The
' tion tO rcnew the agree rn c nt for six
year period,
with an option t�eerr�er�t to a �'ual i t ill vendor
n
str�:a��l�r�e ordering procedures and award � ��� unlit
City intends to The City desires to purch quality
ith the terms and co �# this proposal.
accordance or will he expected to gig,the City Of
provider.The selected pend 1� t
r ducts from a service-orientedR et�t"{A}'Sam le Two Party Agreement)
r i• and ter art agreement. (See Attaehrn l
Chula Vista's �
Period ()f Coverage anti option
ption enewals 1, 2017 through
December 31, 2018. The
etJ a n tin ry
This agreement shall he allctr on
additional onal one(1)year option renewal
d b mutual consent for �t ���} ad
agreement may be extended y and atil tion renewal periods. All
x , . l i c e n is shall remain in effect fir a� � r�� �ti ate
periods. r €�nta
. . � eriod� shall remain t1�e samea The qty mai
other ter+r�s and eond�t�ons duan option periods i he tri it�af scope ofthe agreement
additional lay orad le pricing,terms,and condition s provided tat th
remains substantially unchanged.
j 11'...entagc Nscolin t 1dder ol~l'th prev ling published prlcc
z � Tai l be the discount oiTered b the � . -calf
Percentage ��iscn�.�nts� products listed and products not spears Y
I � � - r, The fit desires to purchase both p { "table si Hated
list at time oforder. items become av ai in the de
i throughout the term of this.agreement. As n� . o the carne discounts
listed ted th r rt of theagreement and l 11 he subject t
p
redact I i ties}they too w i l l become a p a
ti
oftere
I-
�sua!and down loadahle Fo rniats at discounts listed
We Library Books,Audio r
flidder shall pr
Pcrecnta a l)isscounts shall remain firm
. � � 12017 tilt n�igb l��cemb€�r ��, �� 4 otxated and
from Januar} t
- F � coverage and an option periods, unless of c rev i se ue�
..,
throughout the initial period of cove �
i t �
approved by the CRY.
.
• uest and at no additional charge to the
a er form,shall be provided upon red
[nice lists,digital or 'np p
City.
Award � sward will l I be made as a l of to the lowest
I id on eye lune item on the proposal Firm to accept or
Bidders must b
' i i icatiot�►s. The pity reserves the right p
responsive and responsible Bidder meeting spec to waive an techilical'ties or
p received. The City further reserves the righty
reject any or all proposals reser the sole'ud a in determ in ing award of
' ; ro rials received* The qty shall he ,l
minor irregularities top p
contract.
': 2016-12-13 Agenda Packet
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September 2,2016
CHY O
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i
Evaluation '
The City will evaluate the proposal primarily on the following;
a Ability to supply the categories ol`booksi audio-visual and downloadable formats lasted in these
specifications.
0 Availabi I ity of electronic interface with hinovative Interfaces Sierra system_
Comparative discount analysis.
0 Ease of ordering.
0 Ability to fill orders in a timely fashion,
* Accuracy of invoicing.
0 Availability and cost of various other services as required and listed i n this contract or as
normally required by libraries such as leasing, stand in orders and pre-processing including
FID.
0 Experience and past performance.
• Business standing.
0 References.
Estimated Quantities
Quantities listed are estimates on ly based on projected requirements over a 24-month period for the
Library. The City reserves the right to purchase more or less without any increase in cost.
Delivery
Prices quoted shall be FOCI Destination. Delivery small he to various locations within the City of
ChulaVista.ista. All boxes shall display an address label on the outside with the purchase Order number
and the total number of boxes in the shipment, showing the number of'each box within that shipment
(e.g. box 1 of 6, box 2 of'si ). packing slips and invoices shall accompany each shipment and shall
include the following information:
* Date sent
• purchase order num bcr
* [library order number
Quantity ordered
* Unit price
* Percentage discount
Extended price
Net price
Author/Title/Publisher of item ordered
I IIN
2016-12-13 Agenda Packet Page 123
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September 2,2016
cnyou
CHULAWSTA
Invoices
Invoices shat l include the same information as the packing slip. In addition}page total,invoice total,
andpp licable California State sales tax shall be listed.. Special handling/ordering fees shall be pre-
approved by the Library and itemized, invoices shall be included with shipments.
Percentage Discount Prices
Percentage discount prices shall include all materials, labor, equipment, handling, packaging,
insurance, permits, fees, and shipping necessary to fill the City's orders.
MintMums
There shal 1 be no m i n im urn order req u i remen ts. Pe rce n toga leis eco u n off rn an ufacturer's prey al l i ng
published list price shall apply regardless oforder size.
Cancellations
Bidder shall supply l a status report of all items cancelled within ten(f 0)days of beingnotified by
thep ublisher, and shall provide the reason for a cancellation such as out of print, not yet
published, apply direct, out o f stoop, or publisher out of stock.
understands that reports s o n materials cancel led may result in the order being transf erred
Bidder r�nde
.
to a secondary su l i er. The Library desires the ability to utilize cane ef fled reports to transfer
orders to a secondary supplier, as necessary.
Bidder shall report reason for inability to mare deliveries after the first four (4) weeks after
der such as hock out of print, out of stock, not yet publ fished, publisher is out of stock}or, if
hoar is not yet published, with the prglected publishing date supplied.
Bidder shall include c ludo i n the status report the Library"s purchase order number,the sterns author,
i
title, andp ubl isher,quantity ordered, and price.
The City will regard anything not received after ars agreed upon period oftime as automatically
I � t� t
cancelled. Presently, the Library uses three (3) months after ars order has been placed as the
automatic,cancel[aton a riod. The Bidder shall supply a report o l'these items,which are being
p
cancel I ed due to the B i ride is in ab i I ity to Supp ly w 1 th 1 n this fi me period,
The time period after which books, audio-visual an d electronic forrrtats shall be automatically
considered cancelled sbal l be decided by the Library and shall be subject to change at any time.
The Bidder shall possess the capability of canceling individual items after a purchase or er is
released if the Bidder has not yet 111 led the order for the title.
The fit reserves the ri ht to cancel itc�r�s on a purchase order if'the bidder has not yet filled the
order.
Whein a urcha<se order isopen,the Bidder shaII permit its cancellation entirely by purchase order
P
number, or similar procedure, rather than requiring the Library to cancel each title int e
purchase order individually. Cancellation in such cases will be done at no chane or penalty to
the Library, Miscellaneous funds affected by the change will be automatically adjusted.
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RFP P05-September 2.2016CnY OF
CHS VITA
claims
Books, audio-visual and electronic formats that the Library orders but does not receive shall he
claimedY the Bidder, unless the titles are out-of-print or otherwise unavailable
to the Bidder.
el
aim1n order shaI I reMaIn ire ef1fect until the automatic cancellation period agreed upon between the
[bidder and Library is reached.
Returns
Bidder agrees to permit returns on materials received incorrectly or 'n 'mperfect condition due to
� � and n�ater�als have
ma nu f acture ng de 1 ects or damage caused by the carrier 1n transit,even 1 f books
been already processed. Bidder shall replace i terns at no additional charge to the City or shall give
fu l I credit for the value of`i terns returned. Bidder shall pay transportation charges for such returns.
Materials 111rocessin g
idder shall po ssess the ab i I i ty to provide preprocessing services} in wh€ Ie or in part for an agreed
upon charge, and shall provide a current list for this service and an estimate of the processing time
added to receipt oNelivery. Currently, the Literary requires plastic hoodacet and barcode and
property stamp.
- Libraq Sc -ice_s
Bidder shall describe other library sear ices available;such as,access to bidder}s inventory approval
plans,boob leasing,collection development tools,new publications awareness cervices, hooljacict
images, and accelerated ordering/shipping services.
Dedicated Staff
d hack-u sales resentative shaC be assiied to the City's account; orae of these
primary an R re p
representatives shall he available during normal business hours to answer questions} provide
technical support, resolve problems, and quote prices. The sales representatives assign ed to the
p _
City's account shall he thoroughly familiar with the terms the arcement.
r
Off-Contract Purchases
The City reserves the right to purchase ofd'-contract when availability or non-performance are
o i nt a secondary su I ier f rom
determining factors. The City further reserves the right to appoint pp
AL responses received for up to 0% f the City's annual LibraryBook ant] udio-
p��p p �t for
Visual Materials requirements. The City may also purchase off-contract alternative produc �
testing and evaluation purposes,
2016-12-13 Agenda Packet Page 12
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- RFP P05-16/17 Page 14
*A 074
Septertiher�2,2016 ���MAW
CM
i-+1j +1ENE"L AR 01'J LWOi T S
ese Prailsiony A re a Pare of}erre'Brea and ars),Contravi A irarc.1ed
The bidder agrees that
A. Bidder has carefully examined the specifications,and all provisions relating to the items)to
be furnished or the work to be done,-understands the meaning, intent,and requirements;and
11. Bidder will enter into a written contract and Iumish the item(s)or complete the work in the
tirnep eci fled, and in strict conformity with the City of Chula Vista specifications for (he
prices quoted.
Note: Bidder is defined as any in di vidua1,partnership,or corporation submitting a bid,proposal,or
notation in response to a request for bid,request for proposal, or request for quotation.
quotation in
to as consultant contractor, supplier,bidder may also be ref or vendor.
1. Prices
Allp rices and notations must be in ink or typewritten. Mistakes may be crossed out and
corrections t ed or written with ir�l adjacent to the error;the person signing the bid must initial
yp
corrections in 'ink.
Bids shall indicate the unit price extended to indicate the total price f()r each item bid. .any
di fTerence between the unitp rice correctly extended and the total price shown for al l items bid
shat I be resolved in favor of the urs it prices,except'When the bidder clearly indicates that the total
price for all items bid is based on consideration of being awarded the entire lot and that an
adjustment of the total rice i beim made in consideration of receiving the entire bid.
ad,�us p
2. Bidder's Security
bid de osit in an amount equ
p al to at least 10%of the bid may be required as a bid security by
the City. The bid security may only be in cash,a cashiers cheep,a certi fed cheep made payable
to the City of hula Vista, or a bidder's bond. If`the bid security is a bond, it shall be executed
by a surety insurer authorized to issue surety bonds in the State of Cali fornix. The bid security
must be executed by the bidder and enclosed with the bid proposal in the sealed bid envelope.
3. items 0 ffe red
if the item offered has a trade name,brand and/or catalog number,such shall be stated in the bid.
I fthe bidderro oses to furnish an item of manufactureror vendor other than that mentioned
� l�
on the face hereof, bidder must specify masker, brand, quality catalog number, or other trade
designation. Unless such
is noted on the bide forrnit will be deemed that the item offered is that
designated even though the bid may state or equal.
4. Brand Nares
Whenever reference to a specific brand name is made}it is intended to de nbe a component that
has been determi ned to best meet operational, performance,or rel iabi Iity standards ofthe City,
thereby incorporating these standards by reference within the specifications_ An equivalent(or
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RFP P05-16/17
Septem her 2,2016 j
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equal)may be o iTered by the bidder,subject to evaluation and acceptance by the City. It Is the
bidder's responsibility to provide,,at bidder's expenses samples}test data,or other documentation
the City may require to fully evaluate and determine acceptability of an of`f Bred substitute. The
City reserves the sole right to reject a substituted component that wil I not meet or exceed City
standards,
5+ Samples
may Sam Ics brequired for bid evaluation-and testing purposes. Bidders shall agree to provide
p Ye
samples with in forty-eight(4 ) hours upon request and at no additional cost to the City
p
6. Verify Quotations
Pr 1 ces sha t I be veri f ledp rior to b d sub rn1tta 1,as withdrawal or correction r ay riot be perm itted
after the bid has been opened,
7, Firma 11r ices
' rices not subject to escalation. In the evert the specifications
Prices on bid shall be firm p .l
pr
oxide for escalation,the maxirnurrl limit shall be shown or the bid shall not be considered. In
of decline in market rico below a price bid,the iter of hula Vista shall receive the
thee�ento p
benefit of such dec h ne
S. Modification or withal ramw A of Bids
Bids may be modified or withdrawn by written or facsimile notice received prior to the exact
Stour and date specified for receipt of bid. bid may also be withdrawn in person by a
bidder, or authorized representative, prior to the exact hour and date set for receipt of bids.
Telephone withdrawals are not permitted,
9., Late Bids, Modifications,or withdra)vals
a Bids modifications of bids} or bid withdrawals received after the exact time and date
Specified for receipt will not be considered unless receipt is before the contract is awarded
l�
and the City determines that late receipt was due solely to its error,
(b)
Modification of a successful bid that makes the terms of the bid more Favorable to the iter
gill be considered at any time.
10. Mistake in Bid
(a) I f`the b i rider d i sc overs a mi stale i n b i d prior to the hour and date sped f i ed for rec ei pt o f bid,
bidder may correct the mistake by modi Ning or withdrawing the bide in accordance with
Items 8 and 9 above.
b I(within sevent -two hours of the bid closing and prior to the issuance of a purchase order or
:l
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mow.— ...�.
September 2,2GI 6
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CHULA W9A
a contract, the apparent low and best bidder discovers a mistake in bid of a serious and
si gn i ficant nate re wh i ch'I's u n favorab le to bi dder,b i drier m ay req uest con si derati on be gi ven
to m odi fying the bid i f it remai n s the I owest b i d or to wl thdrawal o f~the b id i f the result o f the
correction of'the mistake makes another bidder lowest and best bidder.The mistake must be
evident and provable. The right is reserved by the City to reject any and all requests for
correction of mistakes i n bids received atter the hour and date of the hid closing. The
decision of the Purchasing Agent is final as regards acceptance or rejection of requests for
correction of bids.
(c) A mistake i n bid cannot be considered once a purchase order or contract is issued,
f f. Signature
All bids shall be signed and the title and firm name indicated. A bid by a corporation shall be
signed by an authorized oli'icer,employee or agent with his or her title.
12. No Rids
I f`no bid is to be submitted, the bid should be marked No Bid and returned to maintain the
bidder's name in the vendor file ter future solicitations. A letter or postcard may be submitted.
11'a bidder fails is to respond to a reasonable number of bids without returning a No Bid, the
Purchasing Agent reserves the right to delete the bidder from the vendor file for future
solicitations.
13+ Alternative Proposals
To be responsive to the bid, bidder must submit a proposal that Meets all specific bid
requirements. Once bidder has proposed a product which is responsive to the spec'fication,
bidder may include with the bid any additional proposals or alternative products that bidder
believes can meet or exceed the City's requirements and that may offer additional advantages,
benefits', or cost savings. The City reserves the right to evaluate, and accept or reject, such
alternatives as though they Frere part of;the original speci ficat ions without advertising for further
bids} when in the best interests ofthe City. Any awards so made will be based on operational
and cost analysis considerations that would result in the optimum economic advantage to the
city.
14. Confidential Information
Any information deemed confidential or proprietary should be clearly identified by the bidder as
such. It may then be protected and treated with eonfidentiality only to the extent permitted by
state law. Otherwise the ini`ornnation shall be considered a public record. Information or data
submitted with a bide will not be returned.
1-5. Quality
Unless otherwise regUir{ed in the specifications, all goods furnished shall be neer and unused,
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16. Litigation Warranty
The bidder, bbidd in warrants that bidder is not currently involved in litigation or arbitration
a
concerning the materials or bidder's performance concerning the same or si nn i lar material or
sere i ce to be sup eI i d pursuant to th i s co ntract o f speci f i cat ion,an d th at n o j udgm en is(ir awards
have been made a ga1nst bidder on the basis of bidder's performance in supplying or instal ling the
same or similar lar material or service, unless such fact is disclosed to the City in the hid.
Disclosure may not disqualify the bidder. The City reserves the right to evaluate bids on the
basis of the facts surrounding such litigation or arbitration and to require bidder t furnish the
City with a surety bond executed by a surety company authorized to do business in the State of
California and approved by The City ot`Chula Vista in a sum equal to one hundred percent
(100%)ofthe contract price conditional on the faithful performance by bidder of the contract in
the event the bid is awarded to bidder, notwithstanding the 1 itigatlon or arbitration.
17. Royalties, Licenses and Patents
Unless otherwise specified,the bidder shall pay all royalties}l ieense and patent fees. The bidder
warrants that the materials to be supplied do not infringe any patent,trademark or copyright and
father a rees to deind any and all suits} actions and claims for infringement that are brou t
against the City,and to defend, 'ndemnify and held hari-niess the pity from all less or darnage s,
whether eneral,exem Iary or punitive,as a result of any actual or claimed Infringement asserted
� R
against the City,the bidder or those furnishing material to bidder pursuant to this contract.
18. Performance Standards
1'ertormance of work and acceptability of equipment or materials supplied pursuant to any
contract or award shall be to the satisfaction of the City.
19. warranties
a) All material, labor or equipment provided under the contract shall be warranted by bidder
and/or manuracturer for at least twelve (1 2) months after acceptance by Citygreater
warrant protection will he accepted. Lesser warranty protection must be indicated by bidder
warranty
on the bidP roposal as an exception
(b)Bidder shall be considered primarily responsible to the City for all warrant r service} parts
and labors licable to the goods or`equiprnent provider/by bidderunderthis bid or award,
Rp
irres ective of whether bidder is an agent, broker, fabricator or manufacturer's dealer*
R
3idder shat l be responsi ble fir ensuring that warranty work is performed at a local agency or
facility convenient to ity and that services, parts and labor are avai[able and provided to meet
City's schedules and deadlines. City may require bidder to post a performance bond atter
• guarantee erfurmance of obligations. Bidder may establish a service
contract award to qua p �
contract with a local agency satisfactory to City to meet this obligation 1 f bidder does not
ordinarily provide warranty service.
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Septe nhe r 2,2016
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20, Addenda
The effect of all addenda to the bid documents sha l I be considered in the Iii d4 and said addenda
be made art of the hid documents and shall be returned with them. Before submitting�
shall � ,
hid each bidder shall ascertain whether or not any addenda have been issued,and failure to corer
A
n this bid any such addenda issued may render the bid invalid and result in its rejection.
2 1, pec i fi ca tions to Pre-vail
The detailed req u1rements of~the specifications shall supersede any conflicting reference in these
General Provisions that are in conflict therewith.
2 2. Taxes
The it will furnish Exemption Certificates for Federal Excise Tax. The City i Iiab forS tate.,
City and County Sales Faxes. Do not include this tax in the amount bid. "owever*tax is to be
added by the successful bidder to the net am cunt invoiced. All or any portion of the City Sales
Tax returned to the City will be considered in the evaluation of bids.
3. Conflict of Interest
No City employee or elected or appointed member of City government, or member of the
em
p Io ee-1 s irnmediate fami ly,may participate directly or indirectly in the procurement process
pertaining to this bid i f they;
a Have a financial interest or other personal interest that is incompatible with the proper
discharge of their official duties in the public interest or would tend to impair their
indc endencc, rudgment or action in the performance of their o ficial duties.
l J
b re negotiating for or have an arrangement coneern i ng prospective employment with bidder.
The bidder warrants to the best of his knowledge that the subm4ssi on of the bid wi I I not
create such conflict of interest. In the event such a conflict occursi the bidder is ie report it
immediately to the purchasing Agent. For breach or violation ofthis warranty,the City shall
he ri ht to annul this contract without liability at its discretion, and bidder may be
have tg
subject to damages and/or debarment or suspension.
24. G riataities
The City mayrescind the night of the bidder to proceed under this agreement if itis found that
gratuities �n the form of entertai nntentgifts, or oth erw i se are offered or gi ven by the bidder, or
any g or re agent representative of the bidder,to any of ser or employee of the City with the intent of`
p
influencing award of~th is agreement or securing favorable treatment with respect to performance
of this agreement.
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25* Faithful Performance Bond
Successful bidder may be required to furnish the City with a surety bond conditioned upon the
faithful erfornnance of the contract. This may take the form of a hand executed by a surety
company authorized to do business in the State of Cali forma and approved by the City ai Chula
Vista, an endorsed Certilicate of Deposit, or a money order or a certified check drawn on a
sol vent bank. The bond shaII be in a sum eq ual to ono hundred percent(100%)o f the amount of
the contract price. uch bond or deposit shall be forfeited to the City in the event that bidder
receiving the contract shall fail or ref use to ful lil l the requirements and all terns and conditions
of the contract.
6, 1nSurance
Bidder shall provide proof~of liability and property damage insurance prior to performance of
duties* Coverage shall be from a company authorized to transact business in the State of
California and shall be in an amount not Xess than 1,000,000 combined single limit (CSL),
unless otherwise speci fled. The City ol'Chula Vista shall be named as an additional insured and
thirty(30)days notice of cancellation shall be indicated. worker' s Compensation coverage for
each employee engaged in work on City premises is required. Bidder is solely responsible for all
insUrance premium payments.
27* I--ndeninirication
Bidder shall defend} indemnify, protect and hold harmless the City, its elected and appointed
officers}employees,and agents} frorn acrd against all claims fordamages, liability,and expenses
(including attorney 11 s fees)arising out of this agreement and/or bidder's pert'orrnance hereunder,
except as to such damages}liability,and expenses due to the sole negligence or willful acts of'the
pity, its o ffli vers,employees or agents.
28. Mva r d of Contract
(a) Bids will be analyzed and award will be made to the lowest} responsive and responsible
bidder whose bid conforms to the solicitation and whose bid is considered to be most
advantageous to the pity,price and other factors considered. Factors to be considered may
include, but are not limited to: bi ddcr's past performance} total Unit cost, economic cost
analysis, I fe eye Ie costs,warranty and quality}maintenance cost durabiI ity,the operational
requirements of the City and any other factors which will result in the optimum economic
Dene l i t to the City.
(b) The City reserves the night to reject any items or items} to waive informalities, technical
defects and minor irregularities in bids received; and to select the bids) deemed most
advantageous to the City. The City will, however, consider bids submitted on an "'all or
nothing" basis if the bid is clearly designated as such.
(c) The City reserves the right to award one or more contracts on the bids submitted,either by
award of all items to one bidder or by award of separate items or groups of items to various
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(d) bidders as the interests of the City may require-,unless the b1dder el early specs files otherwise
in his bid.
(d) For the purpose of evaluating bids for multiple awards,the sura of S 100,00 is considered to
be the administrative cost to the City for issuing and administering each contract awarded
under th is solicitation,and individual awards gra ll be made forthe items and combinations of
items which result in the lowest aggregate price to the City} including such administrative
cost.
(e) Upon acceptance by the City of Chula Vista,the solicitation,bid,proposal}or price quotation
and a purchase order issued to the succe ssf;ul bidder shall be deemed to result in a binding
contract incorporating those terms and these General Provisions without further action
required by either party. Items are to be furnished as described i n the laid and in strict
conformity with all instructions} conditions', specifications, and provisions in the complete
contract, as de fined by t h i s clause 2 8 or any related integrated agreement
29, Bid Results
To obtain bid results} either (f) attend bid opening or ( ) referencing bid number a bid
- tabulation will be emailed to you upon verification of extensions or (3) v'st the Purchasin
e artnnent no sooner than three( ) working days after bid opening to review bid tabulation.
p
Due to time constraints, bid results cannot be given out over the phone.
30+ 11rotests
Protests b unsuccessful bidders to the selection for award shat I be subrn itted in writing to the
. Y
Purchasing Agent no later than tcn (1 o) calendar days after award recommendation. I'he
unsuccessful bidder shal I have the right to appear at the City Councy I to protest any award to be
conli'rmed by Council, failure to submit a timely written protest to the purchasing Agent shall
bar consideration of such protests
31+ Documentation
Due to the time constraints that affect contract performance}all required documents,certificates
of insurance and bonds shal I be p rov ided to th e Ci ty wit hi n ten (10)calend ar days fo I I oaring
award or date of request by City, whichever is later. Any failure to comply may resu It in bid
being declared non-responsive and rejected, and at City's option the bid bond may be attached
for damages suffered.
32+ Discounts
(a) Prompt payment discounts offered for payment within less than fifleen (15) calendar days
will not be considered in evaluating bids for award. However,offered discounts of less than
15 days will be taken i f1 payment 's nude within the discount period, even though not
y py
considered in the evaluation of bids.
(b) In connection with any discount offered time will be computed Brom date of delivery and
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acceptance,or invoice receipt,whichever is later. Payment is deemed to be made dor the purpose
of eaming the discount on the date of mailing of the City check.
�c Any discount offered tither than for prompt payment should be included in the net price
qI
uotcd and not included in se arate terms. In the event this isnot done,the City reserves the
right to accept the discount offered and adjust prices accordingly on the purchase Order.
33, Seller's Invoice
I n v ices sh al I be prepared a Mrd sub rn i tied i n d up I i tate to addre ss shown on the Purchase 0 rder.
Separate invoices are required for each purchase Order. Invoices shall contain the following
in
in formation: Purchase 0 rdcr number,item number,description cfsttpplies or services,sizes,unit
I
of measure,quantity,unit price and extended totals. ;
34. Inspection and Acceptance
Inspection and acceptance will be at destination unless specified otherwise,and will be made by
the City department shown in the shipping address or other duly authorized representative ofthe
City. Until delivery and acceptance, and after any rejection, risk of loss will be on the bidder
unless lass results from negligence of the City.
J
35. mast and Damaged Shipments
Risk of loss or damage to items prior to the time or their receipt and acceptance by the City is
upon the bidder. The City has no obligation to accept damaged shipments and reserves the right
to return at the bidder's expense damaged merchandise even though the damage was not apparent
or discovered until after recent of dire items.
36. Late Shipments
Bidder is responsible to noti fy the City department receiving the items and the purchasing Agent
of any late or delayed shipments. The City reserves the right to cancel all or any part of an order
if the shipment is not made as promised.
37. Document OwnerNh its
(a) All technical documents and records originated or prepared pursuant to this contract,
incIudi n g papers}reports, charts, an d com pater program s, shat I be de I i vered to a n become
the exclusive property of the City and may be copyrighted by the City. Bidder assigns all
copyrights to C ity by undertak i n g th i s agreem ent.
(b) II inventions,discoveries,enhancements.,changes,or improvementsofcernputer prograims
developed pursuant to this contract shall be the property of the City, and a l I patents or
copyrights shalI be assigned to City, unless otherwise agreed. Bidder agrees that City may
make modifications ications to computer software furnished by bidder without infringing bidder's
copyright or any license granted to City.
r.
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38. Advertisements, Product Endorsements
City employees and agencies or organizations funded by the City of Chula Vista are prohibited
from malting endorsements,either implied or direct,of commercial products or services without
written approval of the City Manager. No bidder may represent that the City of Chula vista has
endorsed their product or service without the Purchasing Agent" s prior written approval.
39. Citi. Provisions to Prevaill
Except as indicated i n the specifications,the City's standard General Provisions shall govern any
contract award. Any standard terms and conditions of bidder submitted by bidder shall not be
acceptable to City unless expressly agreed to by the City. The City reserves the right to reject
bidder's bid as non-responsive, to consider the bid without bidders standard terms and
conditions,or to require bidder to delete reference to such as a condition of evaluation or award
ofthe bid. H'after award ofcontraet# bidder(contract vendor)shall provide materials or services
accompanied by neve or additional standard terms or conditions} they too sh al I be considered
void and City may require deletion as a further condition of performance by vendor. To the
extent not otherwise provided for by the contract documents, the Cali forma Commercial Code
shall apply.
40. fnv'alid provisions
In the event that any one or more of the provisions of this a reemcnt shall be found to be invalid.,
ille al or unenforceable the re m a'n i ng provisions shall remain in effect and be enforceable.
41. amen elm ents and Modifications
The Purchasing Agent may at any time}by written order,and without notice to the sureties,make
a m od i f is at i on to the contract or an amendment to the purchase Order,with in the a nera t scope
I
of this contract, in (1) quantity of materials or service, whether more or less; drawings,
e i ns or eci f"tcati o ns where the su l fes to be furnished are to be special ly manufactured for
d s� � p � pp
the City; 3)method ofshipment or packing*and(4)place of delivery. If any such change causes
an increase or decrease in the cost or the time required for the performance of this contract# an
eq uitabIc adjustrnent shall be nude by written modification ofthe contract or amendment to the
Purchase Order. Any claim by the bidder l or adjustment under this clause must be asserted
within 30 calendar days i`rom the noti l"cation date.
42. Assignment
Vendor shat I not assign or delegate duties or responsibi I ities under this agreement,in whole or in
part} without prior written approval of the City.
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43. Dispu tes
Except as otherwise provided in these provisions., any dispute concerning a question of fact
arising under this contract which is not disposed of by agreement shall be decided by the
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Purchasing Agent,who shall reduce this dee i si on to writing and mail a copy to the bidder. The
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cptenihcr 2,2016
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deci cion o f the Purch asing Agen t sha I I be fin al and cone Iusive,uta le ss b idler req uests med Nation
within ten (10) calendar days. Pending final decision of a dispute}
bidder shall proceed diligently entl with the performance of the contract and in accordance with
the � Y
the Purchasing Agent' s decision.
44. Mediation
Should an unresolved dispute arise out of this agreement, any party may request that it be
submitted to mediation_The parties shall meet in mediation within thirty(30)days of'a request.
The mediator shall be agreed to by the mediating parties; in the absence ofan agreement, the
parties shall each submit one name from mediators listed by the American Arbitration
Association, the California State Board of Mediation and Conciliation, or other agreed-upon
service. The mediator shall be selected by a B lindf` ld process.
The cost of mediation shall be borne equal I y by both parties, Neither party shall be deemed the
party. art shall be permitted to file a legal action without first meeting in
prevailing pa party
mediation and making a good faith attempt to reach a mediated settlement. The mediation
p
roe css, once cornmenced by a meeting with the mediator,shall last until agreement is reached
by thep arties but not more than sixty ( days, unless the ma imum time is extended by beth
parties.
4iq. Lawful Performance
Vendor shal l abide by all Federal,State and [-,ocaI I. wsi Ordinances,F eguIations,and Statutes
as may be related to the performance of duties under this agreement. In addition, all applicable
�
permits and licenses required shall be obtained by the vendor} at vendor's sole expense.
46. 13usiness License
Chula V i sta Municipal Code Section 5.02,020 requires al I vendors doing business with the pity
`
to obtain a Business License. Section 5+02.20 states: It unlai4fidfor any 17erson, rfiv any
rSn a:V agent, clerk ory conployee, c t yfi�r� �� � � e?f or�fop- ars other- ��•.�����, ���tl�a�t t��
Fr r* (l" t err nits(J t City, i r' ��,� 'tf d n# Or Carry on ally business, sho wF exhibition
or game h creme er spec} cd witho ut, rst haWng procured a license.
47+ Annual Appropriation of Funds
ultiI
year term supply and service contracts and leases are subject to annual appropriation of
funds by the City Council. Payments made under tern contracts and bases are considered items
Ofctrrrent expense. purchase Orders are funded when issued;therefore they are current expense
items and are not subject to any subsequent appropriation of Funds*
In the event sufficient funds are not appropriated for the payment of lease payments or
anticipated term contract payments required to be paid in the next occurring lease or contract
term, and i f no funds are legally available from other sources, the lease or contract rna}� be
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CM of
CHULA VISTA
terminated at the end of the original terra or renewal tern and the City shal I not be obligated to
make further payments beyond the then current original or renewal term. The City will provide
notice of its inabil itto continue the lease or contract at such time as the purchasing Agent is
aware of the non-appropriation of funds. "owever, failure to note does not renew the term of
the lease or contract. The City has no monetary obligation in event o fte rtn ination or reduction of
a term contract since such contracts represent estimated quantities and is not funded as a contract
except to the extent of(lie Purchase O rdcrs issued.
48. Extension
When in the City's best interest,this agreement may be extended on a daily,month-to-month,or
annual basis b mutual agreement o l~both parties. Sear i ccs and/or materials rec ei ved under an
extension shall be in accordance with pricing} terms, and conditions, as described herein.
49. Debarment
The Purchasing Agent may recommend to the City Council that the person or business be
debarred from consideration for award of contracts. The period of debarment will be contingent
upon the severity of cause. Causes for debarment include:
a onViction ander state or federal stat.Utes of embezzlement, theft,
forgery, bribery,
faIsi l,cat ion or destruction ofrecords,receiving stolen property#or other offense indicating.a
lack ol`business integrity or business honesty
b Violation of contract provisions which is regarded by the Purchasing Agent to be so serious
as to j usti fy debarment action, including:I)
Deliberate failure without good cause to pectoral in accordance with the specifications
or within the time Hmk provided in the contract1)or
A recent record of failure to perform or of unsatisfactory performance in accordance
with the terms of one or more contracts}
ore clairns ofcomputational error in bid submission within a two year Peri
� �Ipro or rnod.
(c) Debarment by another governmental entity.
Any other cause the Purchasing Agent decrns to be as serious and compellir� as to affect
�d� y charred for
res onsNlit as a Ctyi
bidder. bidder may bepermanently d
p ` i
the following causes:
1) Collusion in bidding*
Conviction for commission of a criminal of lyse as an incident to obtaining or
(2) attempting to obtain a contract or subcontract with the City of hula Vista or in the
performance of such contract or subcontract.
onvic t iota under Mate or Federal antitrust statutes arising out of the submission of
bids or proposals,
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50. Termination
The City may terminate this agreement and be relieved of any consideration to the vendor should
vendor fail to perform in the manner required. Furthermore, the City may terminate this
agreement for any reason without pcnalty upon giving thirty (30) days written notice to the
vendor, In the event of termination, the full extent of City liability shall be limited to an
equitable adjustment and pawent for materials and/or services a uthori zed by and received to the
satisfaction of the City prior to termination.
This agreement shall be overlied by and interpreted according to the laws of the tate of
California, and ven rie for any proceeding shall be in the Counter of San Diego.
(REV.1"11V 2015)
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eptem her 2,2916
CRY Of
CHUL4 VA
***I)I CLOU RF, STATEMENT***
Pu rSL[ant to C ity Counci I fro I icy 101-01, prior to any action on a matter that requi res d 1 scretion ary
action by the City Council, Planning Commission or other official legislative hods of the City, a
statement of disclosure of certain ownerships, financial interests, payments, and campaign
contributions niust he filed. The following information must he disclosed:
1, List the nares of all persons' having a financial interest in the project that is the
subject of the application-, project or contract (e.g. owner, applicant, contractor,
subcontractor, material supplier).
Baker& Taylor, LL C
2. I f any person* identi f i ed in sect io n 1. i s a corporat i on or partnersh i p,I i st the names
of all individuals with an investment ofS2000 or more in the entity.
1
00owned b aka T~a i t Holdings LL
3. If any person* identi fled in section 1. is a non-profit organization or trust, I ist the
names of any person who is the director ofthe non-profit organization or the names
of the trustee, beneficiary and trustor of the trust.
NIA
4. Please identify every person,'* including any agents, employees, consultants, or
independent contractors, whorl you have authorized to represent you before the
City in this matter.
Lee Ann Queen., Director-Pricing services
Af. Jo sires, Vice President^ Customer Administration
5. Has any person* identified in 1., 2., 3.i or 4,, above, or otherwise associated with
this contract,project or application, had any financial dealings with an official* o
the City of~Chula Vista as it relates to this contract,project or application within the
pant 12 months? Yes No
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If Yes, brielly de tribe the nature of the financial interCst the offficial** may have
in this contract.
Not Applicable
6. Has a ny p erson*anyone ident1 f ied in 1.,2.,3.,or 4,,above,o r otherw i se associated
with this Contract, project or application, made a campaign contribution of more
than $250 within the past twelve (12) months to an official of the City of Chula
Vista? Yes No X if yes, which oflicial?
Not Applicable
Has an person* identified in L, 2., 1,or 4.,above, or otherwise associated with
this contract, project or application, provided more than 460 (or an 'item of
equivalent valuc)to an official** of the City of hula Vista in the past twelve(12)
nionths? (This includes any payment that confers a personal benefit on the
recipient,, a rebate or discount in the price of anything of value, money to roti re a
legal debt, gift} loan, etc.) Yes No
1f~Yes; which official" and what was the nature of item provided?
Not Applicable
7+ Has any person* identified in 1. 2..r 3t, or 4.# above, or otherwise associated with
this contract,project or application,been a source ofincome of$500 or rnore to an
ofl ficial** of the City of Chula 'lista in the past twelve (1 ) months?
acs No
If Yes, identify the official** and the nature ofthe income provided`.
Not Applicable
atc; September 29, 2016
Signature ofContractor/ pplicant
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Lee Aran Queen, Director -Pricing Services
Print or type name of Contractor/Appl icant
This Disclosure StateTnent rust be completed at the time the project application,or contract,is submitted to City
staff for processing,and updated within one geek prior to consideration by the legislative body.
*Person is defined as:ate individual,firm}co-partnership,joint venture,association,social club,fraternal organization,
corporation., estate} trust, receiver, syndicate., any otter county} city, Municipality, district, or other political
subdivision.,or any other group or combination,acting as a unit.
** Official includes, but is not limited to. Mayor, Council member, Planning Commissioner, Member of a board,
commission,or committee of the City,and City employecs or stag'members.
2016-12-13 Agenda Packet Page 140
ATTACH ME NT A
SAMPLE AGREEMENT
DO NOT COMPLETE
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH CONTRACTOR/SERVICE PROVIDER
TO PROVIDE [SERVICES TO BE PROVIDED]
This Agreement is entered into effective as of ENTER DATE ("Effective Date")I by and between the City of
Chula Vista, a. chartered mumcipal corporation ("City") and CONTRACTOR/SERVICE PROVIDER,
ENTITY TYPE (e.g. XYZ Inc. a California Corporation) ("Contractor/Service Provider") (collectively, the
"Parties" G; d, 9 'vidua.11y, a."PaAy") with.reference to the following facts
RECITALS
�EREAS ENTER RECITALS TO DESCRIBE BASIS FOR SERVICE— See example below 2. and
WHEREAS, ENTER RECITALS TO DESCRIBE CONTRACTOR/SERVICE PROVIDER
...SELECTION PROLE —See example below-3; and
ENTER ADDITIONAL RECITALS AS NEEDED OR DELETE THIS ITE
WHEREAS Contractor/Service Provider warrants and represents that it 1s experienced and staffed in a
manner such that it can deliver the serces required. of Contractor/Service Provider to City in accordance with
the time frames and the terns and conditions of this Agreement.
[End of Recitals.Next Page Starts Obligatory Provisions.]
1 if City Council approved,insert date of City Council approval. Otherwise,insert a date no later than.date Consultant's work commences.
2 For example: "WHEREAS, City requires _ [e.g., civil engi.neeriagI services in order to [e.g., design a new
intersection at X and Y streets];"and
3
For example: "'WHEREAS, In order to procure these services City solicited proposals in accordance with Chula Vista Municipal Code Section
[2.56.080 for contracts exceeding $100,000; 2.56.090 for contracts of $100,000 or less; 2.56.110 for "professional
services) e.g., architects, lawyers, engineers, environmentall, received proposals, and selected consultant as floe most �ualzficd amongst
those submitting;and''
[OR,if the project was sole-sourced]
"WHEREAS, In order to procure these services consultant was chosen based on Consultant's unique qualifications, includ din
on this basis. Consultant was awarded the contract on a"{sole source''basis under the authority of Chula.Vista.Municipal
Code section [2.56.070.B.4.for contracts approved by City Council;2.56.090.B.3.for contracts approved at a staff levell"
[OR,if an alternative procurement process is used]
"WHEREAS,In order to procure these services consultant was chosen a}
Consult with the City Attorney's Office if nave of these apply
T, City of Chula Vista Agtemetlt No.:OBTAfN FROM CITY CLERK x5961
2016- 2 tpgMcJapR.1Ce!P7NTl-AC'I'D sERVICI1 PROVIDER '%gel 1
- ---------- _... ..
I°
OBLIGATORY PROVIStO S �.
Now THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Contractor/Service Provider hereby agree as follows:
1. SERVICES
1.1 Required Services. Contractor/Service Provider agrees to perforin the services, and deliver to City the
"Deliverables" (if any) described in the attached Exhibit A, incorporated into the Agreement by this
reference, within the time frames set forth therein, time being of the essence for this Agreement. The
services and/or Deliverables described in E bibit A shall be referred to herein as the"Required Services."
1.2 Deductions in Scope of work. City may independently, or upon request from Contractor/Service
Provider, from time to time reduce the Required Services to be performed by the Contractor/Service
Provider under this Agreement. on doing so, City and Contractor/Service Provider agree to meet and
� p �
confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated
with the reduction.
13 ,Additional Services. Subject to compliance with the City's Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider
provide additional services related to the required Services (`AdditionalServices"). If so, City and
Contractor/Service Provider agree to meet and confer in good Faith for the purpose of negotiating an
amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the
Additional Services shall be char g ed and paid consistent with the rates and terms already provided therein.
Once added to Exhibit A, `Additional Services" shall also become "Required Services" for purposes of this
Agreement.
1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all
Required Services hereunder shall be performed in accordance with the highest standard of care exercised
by members of the profession currently practicing under sunt'lar conditions and in sirm'lar locations.
1.5 leo waiver of Standard of Care. where I approval by City is required., it is understood to be
conceptual approval only and does not relieve the Contractor/ erv'
ce Provider of responsibility for
complying with all laws, codes, industry standards, and liability for damages caused by negligent acts,
errors., omissions, noncompliance with industry standards, or the willful mxsconduct of the
Contractor/Service Provider or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the nerd for
Contractor/Service Provider to pr-ovide additional security for performance of its duties under this
Agreement, Contractor/Service Provider shall provide such additional security prior to commencement of its
Required Services in the fora and on the terms prescribed. on Exhibit A, or as otherwise prescribed by the
City Attorney.
1.7 Crn liance with Laws. In its performance of the Required Services, Contractor/Service Provider
shall comply with ars and all applicable federal, state and local laws, including the Chula.Nista Municipal
P y y pp
Code
qty�tul vitagrxxan I �.:oTAIN FRI1 �T'Y L x596 1
2(116- 2Q ��di4rA- R o 1SERv E 1 vIDEF ge f 2
1.8 Business License. Prior to commencement of work, Contractor/Service Provider- shall obtain a
business license from City.
1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City's information and approval a list of any and all subcontractors to be used by Contractor/Service
Provider in the performance of the Required Services. Contractor/Service Provider agrees to take
appropriate nmeasure s necessary to ensure that all subcontractors and personnel utilized by the
Contractor/Service Provider to complete its obligations under this Agreement comply with all applicable
laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor
is expected to fulfill any responsibilities of the Contractor/Service Provider under this Agreement,
Contractor/Service Provider shall ensure that each and every subcontractor carries out the
Contractor/Service Provider's responsibilities as set forth in this Agreement.
1.10 Tenn. This Agreement shall coAnmen.ce on the earlier to occur of the Effective Date or
Contractor/Service Provider's commencement of the Required Services hereunder, and shall terminate when.
the Parties have complied with all their obligations hereunder-, provided, however, provisions which
expressly survive termination sha11 remain in effect.
2. COMPENSATION
.1 General. For satisfactory performance of the Required Services, City agrees to compensate
Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 3. Standard
terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for
services performed each month, within thirty 3 o days of the end of the month in which the services were
performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month
following the Effective Date of the Agreement. .All charges must be presented in a line item format with
each task separately explained in reasonable detail. Each invoice shall include the current monthly amount
being billed, the amount invoiced to date, and the remaining amount available under any approved budget.
Contractor/Service Provider must obtain prior written author'. atzon from City for any fees or expenses that
exceed the estinated budget.
2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City
shall pay Contractor/S ervice Provider for the invoice amount within thirty (3 0) days. Payment shall be made
in accordance with the terms and conditions set forth in Exhibit A and section 2.4. below. At City's
discretion, invoices net timely submitted may be subject to a penalty of up to five percent (5%) of the
amount invoiced.
.4 Retention Po cy. City shall retain ten percent (10%) of the amount due for Required Services
detailed on each invoice (the �{holdback amount"). Upon City review and determination of Project
Completion, the holdback amount will be issued to Contractor/Service Provider.
.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider's out-of-pocket costs
incurred b Contractor/Service Provider in the performance of the Required Services if negotiated in
advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/ ervice Provider
shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the
performance of the Required Services.
3 City Of Chula vista Agrtxment No.:OBTAN1 FROM.CITY CLERK x5961
2, 16 1' q�rf' c �CTOR1sERVICE PRO I]DER. ReVW143
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E2.6 xclusions.ons. it shall not responsible for payment to Contractor/S ervice Provider for any fees or
costs of an agreed uP laud et, gate or other maximum amounts provided for in Exhibit A.
City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or b arising out of
or related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider,
its agents, employees, or subcontractors.
.7 Pa _nxent Not Final AP roval. Contractor/Service Provider understands and agrees that payment to
theContractor/Service Prodder or reimbursement for any Contractor/Service Provider costs related to the
performance of equi'red Services does not constitute a City final decision regarding whether such payment
or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a
waiver of any violation by Contractor/Service Provider of the terms of this Agreement. 'If City determines
that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City
will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return
such amount.
3. INSURANCE
3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of
erfor ante of Required Services under this Agreement, and for twelve months after completion of
Required services, the policies of insurance described on. the attached Exhibit B, incorporated into the
Agreement by this reference (the "Required Insurance"). The Required Insurance shall also comply with all
other terms of this Section.
3.2 Deductibles and SelfInsured Retentions. Any deductibles or selfrxnsured retentions relating to the
Re wired Insurance must be disclosed to and.approved b City in advance of the commencement.of work.
q
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best's rating of A v or better, or, if
insurance is placed w.ith a surplus lines insurer, insurer must be listed on the State of California List. of
Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. For
Workers' Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub-
contractors as insureds under its policies axed/or furnish separate certificates and endorsements
demonstrating separate coverage for those not under its policies. Any separate coverage for sub-
Contractor/Service Providers must also comply with the terms of this.Agreement.
3.5 .Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance
specified as required in Exhibit B or as may otherwise be specified by City's Risk Manager.. The general
liability additional insured coverage must be provided in the form of an endorsement to the
ontaractor/ ei vice Provider's insurance using ISO CG 2010 11195 or its equivalent; such endorsement
must not exclude Products/Completed operations coverage.
3.6 General Liablllt Covera e to be "Primary." Contractors/Service Provider's general liability coverage
must be primary insurance as it pertains to the it , its officers, officials, employees, agents, and volunteers.
P p
An insurance or self ins maintained b the pity, its officers, officials, employees, or volunteers is
City of Chula vista Agreement No..OBTAIN FROM CITY CLERK x5961
2(116- �g�Wi� +cGICrI'oR/SERVICE PROvIIT �.az3z
Fuge 144
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wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves
;. ontractor/ ervice provider from its responsibility to provide insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period Agreement, except �
under this � after thirty days' prior rior written notice to the City by certified
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mail return receipt requested. Prior to the effective date of any such cancellation Contractor/Service
Provider must procure and put into effect equivalent coverages .
.8 waiver of Subroization. Contractor/Service provider's insurer(s) will provide a waiver of
Subrogation in favor of the City for each required Insurance policy under this Agreement. In addition,
Contractor/Service Provider waives any right it may have or may obtain to subrogation for a claim against
city.
3.9 Verification of Coverage, Prior to commencement of any work, Contractor/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
g .
demonstrate to City that Contractor/Service provider has obtained the Required Insurance in compliance
with the terns of this Agreement. The words `will endeavor" and "but failure to mail such notice shall
impose no obligation or liability of any bind upon the company, its agents, or representatives" or any similar
language must be deleted from all certificates. The required certificates and endorsements should otherwise
be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies
of all required insurance policies, including endorsements evidencing the coverage required by these
specifications.
3.10 Claims Made -policy Reqwrements. If General Liability, Pollution and/or Asbestos pollution
Liabilityand/or Errors onussions coverage are required and are provided on a claims-made form, the
g �
following requirements also apply:
a. The "Retro Date"' must be shown, and must be before the date of this Agreement or the
beginning of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five )
years after completion of the work required by this Agreement.
c. If coverage e is canceled or non-renewedclaims-made} and not replaced with another clas-made policy forma.
with a "Retro Date" prior to the effective date of this Agreement, the Contractor/Service Provider must
purchase "extended reporting" coverage for a rnirdm.um of five 5) years after completion of the work
required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
,1 l Not a Limitation of other obli atians. Insurance provisions under this section shall not be
construed to limit the Contractor/Service Provider's obligations under this Agreement, including Indemrn-xty.
3.12 Additional Covera e, To the extent that insurance coverage provided by Contractor/Service
Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be
entitled to coverage for higher limits maintained.
4. INDEMNIFICATION
- 5 City of Chula Vista Agreement leo.:OBTAW FROM CITY CLERK x5961
1 TRACTOWSERVICE PROVIDER
R��.s�����
2(116- 2� Page 145
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maximum extent allowed b law, Contractor/Service Provider shall protect, defend,
4,1. general. 7`0 the n�a. a
indemr i and hold harmless City, its elected and appointed officers, agents, employees and volunteers
(collectively, "Ind Parties"), from and against any and all claims, demands, causes of action, costs,
expenses, (including reasonable attorneys' fees and court costs), liability, loss, damage or injury, in law or
equity, to property or persons, including Wrongful death, in any manner arising out of or ineident to any
alleged acts omissions, negligence., or W1llful tm'sconduct of Contractor/Service Provider, its officials,
officers, employees, agents, and contractors, arising out of or in connection with the performance of the
Required Services, the resets of such perfortnance, or this Agreement. This indemnity provision does not
include any claims, damages, liability, costs and expenses an sing from the sole negligence or will
rMsconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or
claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which
may be in combination with the active or passive negligent acts or omissions of the Contractor/Service
Provider, its employees, agents or officers, or any third party.
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4.2.
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Modified Indertity dere Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
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California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Awaxd. Included in Contractor/Service provider's obligations under this
Section 4 is Contractor/Service Provider's obligation to defend, at Contractor/Service Provider's own cost,
expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted
against one or more of the Indemnified Parties.
Subject to the limitations in this Section 4,
Contractor/Service Provider shallpay and satisfy any judgment, award or decree that may be rendered
against one or more of the Ind.enmified Parties for any and all related legal expenses and costs incurred by
any of thein.
4.4, Contractor/Service Prodder's Obli atxons Not Limited or Modified. Contractor/Service Provider's
obligations under this Section 4 shall not be limited to insurance proceeds, if any, received. by the
Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider.
Furthermore, ontractor er ice ro der's obligations under this Section 4 shall in no way limit, modify or
excuse any of Contractor/Service Provider's other obligations or duties under this Agreement.
4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City incurs in
enforcing Contractor/Service Provider's obligations under this Section 4.
4,6 Survival. Contractor/Service Provider's obligations under this Section 4 shall survive the termination
of this Agreement.
. FINANCIAL CIAL IN'T'ERESTS of CONTRACTORNERVICE PROVIDER.
5.1 Form 700 Pilin . The California political I efonn Act and the Chula Vista. Conflict of Interest Code
require certain government officials and Contractor/Service Providers performing work for government
agencies to publicly disclose certain of their personal assets and income using a Statement of Economic
Interests form Form 700). In order to assure compliance with these requirements, Contractor/Service
f Provider shall comply with the disclosure requirements identified in the attached Exhibit C. incorporated
into the Agreement by this reference.
City of Chula.Vista Agrcoment No.:OBTAIN FROM CITY CLERKx5961
2016- 2 9%Mc��cG NT ACTOMERVICE PROVIDL Page
1
uge 146
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: - ' ed Interests. fnde Independent f whether Contractor/ServicePr Yder is require t
5.2 Disclosures- Prohibit - -
file a Form loo, Contractor/Service Provider warrants and represents that it has disclosed to City any
economic interests held by Contractor/ erviee Provider, or its employees or subcontractors who will be
performing the Required Services, in any real property or project which is the subject of this Agreement.
Contractor/Service Provider warrants and represents that it has not employed or retained any company or
person., other than a bona fide employee or approved subcontractor working solely for Contractor/Service
Provider to solicit or secuxe this Agreement. Further, Contractor/Service Provider warrants and represents
that it has not paid ora reed to pay any company or person, other than a bona fide employee or approved
subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Contractor/Service Provider further warrants and represents that no officer or employee of City, has any
interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds
hereof, or in the business of Contractor/Service Provider or Contractor/Service Provider's subcontractors.
Contractor/Service Provider further agrees to notify City in the event any such interest is discovered
whether or not such interest is prohibited by lav or this Agreement. For breach or violation of any of these
warranties, City shall have the right to rescind this Agreement without liability.
6. REMIEDIE
6,1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to
perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service
Provider shall violate any of the otter covenants, agreements or conditions of th's Agreement (each a
" in addition to an and. all other n' lots and remedies Cit may have under this Agreement, at la v
Default"),� y � y y
or in equity, City shall have the right to terminate this Agreement by giving dive days written notice to
Contractor/Service Provider. Such notice shall identify the Default and the Agreement tern* atxon date. If
Contractor/Service Provider notifies City of its intent to cure such Default prior to City's specified
tenffiation date, and City agrees that the specified Default is capable of being cured, pity n ay grant
Contractor/Service Provider up to ten(10) additional days after the designated termination date to effectuate
such cure. In the event of a termination under this lection 6.1, Contractor/Service Provider shall
immediately provide City any and all "'Work Product" (defined in Section 7 below) prepared by
Contractor/Service Provider as part of the Required exvice s. Such Work Product shall be City's sole and
exclusive property as provided in Section 7 hereof, Contractor/Service Provider may be entitled to
compensation for work satisfactorily performed prior to Contractor/Service Provider's receipt of the Default
notice; p rovided, however, in no event shall such compensation exceed the amount that would have been
payable under this Agreement for such work, and any such compensation shall be reduced by any costs
incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of Cily. City may suspend or terminate this Agreement, or
any portion ortion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Contractor/Service Provider of such tern-lination or suspension at least fifteen (15)
days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall
inunediately cease all work under the A cement and promptly deliver all `Work Product" (defrned in
Section 7
below to City, Such Workro �
Product shall be City's sole and. exclusive property as provided in
Section 7 hereof: Contractor/Service Provider shall be entitled to receive just and equitable compensation
for this Work Product in an amount equal to the amount due and payable under this Agreement f or work
-
satisfactorily p erfoi ned as of the date of the termination/suspension notice plus any add*tiona.l remaining
i
City of Chula,vista Agreement OBTAIN FROM CITY CLERK x5961
2(116- 2C1 �c�acG �`RACTORISERVICE PROWDER P 8/23116
Fuge 147
Required Services requested or approved by City in advance that would maximize City's value under the
Agreement.
6.3 waiver of Claims. In the event City teri inates the Agreement in accordance with the terms of this
Section, Contractor/ eMee Provider hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 6.
6.4 Administrative Claims requirements and Procedures. No suit or aarbitration Miall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by
City in the implementation of same, are incorporated herein by this reference. Upon request by City,
Contractor/Service provider shall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
6.5 Governiniz LawNenue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process, Contractor/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably
consents to service of process on Contractor/Service Provider by first class mail directed to the individual
and address listed under "For Legal Notice,} in section I.B. of Exhibit A to this Agreement, and that such
service shall be effective five days alter mailing.
7. OWNERSHIP AND USE of WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, dans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the
performance of the Required Services (collectively "Work Product") shall be the sole and exclusive
property of City. No such Work Product shall be subject to private use, copyrights or patent rights by
Contractor/Service Provider in the United. States or in any other country without the express, prior written
consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use,
copyright or patent, in whole or in part, any such Warr Product, without requiring any permission of
Contractor/Service Provider, except as may be limited by the provisions of the public records Act or
expressly prohibited by other applicable laws. with respect to computer files containing data generated as
Work product, Contractor/Service Provider shall make available to City, upon reasonable written request by
City, the necessary fmctiona.l computer software and hardware for purposes of accessing, compiling,
transferring and pn*n.ting computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but forContractor/Service Provider's
unique quahlications and traits. Contractor/Service Provider shall not assign any of its rights or
responsibilities under this Agreement, nor a.ny part hereof, without City's prior written consent, which City
may grant, condition or deny in its sole discretion.
:9 City of Chula'Vista Agreement o.:OBTAIN FROM CITY CLE x5961
2016- qct &kNTRA �ro vl I rovra� ' j48
i
8.3 Authorit Theperson(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute sane on behalf of Contractor/Service Provider and to bind
Contractor/Service Provider to its obligations hereunder without any ftrther action or direction from
Contractor/Service Provider or any board,principle or officer thereof.
8.4 Countgrparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original,, but all of which shall constitute one Agreement after each Party has signed such a.counterpart.
8.5 Entire Awreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all
data, documents, reports, records, contracts, and supporting materials relating to the performance of the
Agreement, including accounting for casts and expenses charged to City, including such records in the
possession of sub-contractors/sub-Contractor/Service providers.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this .Agreement and the intentions of the Parties.
8.8 rude endent Contractor. Contractor/Service Provider is and shall at all times remain as to City a
wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider's
officers, employees, or agents ("Contractor/Service Provider Related Individuals"), except as set forth in
this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City,
and none of thorn 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. Furthernore, City will not Withhold state or federal income tax, social security tax or any other
payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service
Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to
same. Contractor/Service Provider shall not at any time or in any mer represent that it or any of its
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service
Provider shall not incur or have the poorer to incur any debt, obligation or liability whatsoever against City,
or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have beeny
P p ro erl given or served if personally served or deposited in the United States mail, addressed to
such party postage prepaid, registered or certified., with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
f.
(End of page. Next page is signature page.)
City f Chula visa;gj, 'No.:OBTAIN IFRo CITY CLERK x596 X11 - �, �i cNRACTOMERVICE PROVIDER .$ i
Page 149
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SIGNATURE P E
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN SIT TF WHEREOFF' b executing this Agreement where indicated below, City and
Contractor/Service Provider agree that they have read and understood all terns and conditions of the:
Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this
Agreement as of the Effective Date.
i
CONTRACTOR/SERVICE PRVIDEI IT OF CHULA VISTA
B : B :
ENTER NAME OF SIGNATORY Choose a signatory.
ENTER TITLE OR SIGNATORY Choose the signatnry"s title.
ATTEST4
BY:
DONNA R. NORRIS, CMC
CITY CLERK.
APPROVED AS TO FORM
B :
GEED R. GOOGINS
CITY ATTORNEY
4 Attestation signature only required if the Mayor signs the Agreement. If Mayor is iaot signing agreement,delete entire attestation
signature block.
City of Chula Vista agreement No.:OBTAIN FROM CITY CLERKx5961
Rev.�f23/I6
21116- �tgt % I ITI nT I 1 R IIPROVIDERPage 150
i
EXHIBIT
SCOPE OF WOR AND PAYMENT TERMS
1
INSTRUCTIONS: ENTER INFORMATION AS REQUESTED. FOR SECTIONS THAT PROVIDE
OPTIONS, SELECT THE CORRECT OPTION AND DELETE OPTIONS NOT SELECTED,
INCLUDING.ALL INSTRUCTIONS*
I. Contact People for Contract Administration and Legal Notice
A. City Contract Adml�stration:
ENTER.CITY STAFF PERSON NAM
ENTER MAILING ADDRESS
ENTER PHONE NUMBER
ENTER EMAIL ADDRESS
For Legal Notice Copy to
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista CA 91910
619-691-5037
it A.ttorne (!'�,chulavistata.us
B. Contractor/Service Provider Contract Administration:
.I
CONTRACTOR/SERVICE PROVIDER
1
ENTER MAILING ADDRESS
ENTER PHONE NUMBER
ENTER EMAIL ADDRESS
For Legal Notice Copy to:
ENTER CONTRACTOR/SERVICE PROVIDER. STAFF PERSON NAME
ENTER MAILING.ADDIS S S
ENTER PHONE NUMBER
ENTER EMAIL ADDRESS
. Requked Services
A. General Description:
ENTER SLTMMARY OF WORK TO BE PERFORMED (e.g. Contractor/Service Provider XYZ will provide
Customer Service trainings trainingto City staff)
B. Detailed Description:
ENTER DETAILED INFORMATION fNCLUDING INCLUDINGCONDITIONS} TIME FOR COMPLETION,
DELIVERABLES AND SCHEDULE (ISA BE WRITTEN .AS NARRATIVE OR TABLE,, AS
ILLUSTRATED BELOW)
Task Description D eliverab les Completion Date
I Example: Conduct traxnings for its Pyr vid tral ng
staff materials, sign-in sheet and
x City ZofChula Vista AgreementNo.:OBTAIN FROM CITY CLERK x5961
2X116- �tc a ff NLq A T 1 R IPROVIDER P"a{ef1 1
list of agreed-upon next steps
2 ENTER ADDITIONAL LINES FOR
TASKS NEEDED,
• DELETE
EXCESS LINES
3
4
. Term-P In accordance with Section 1,10 of this Agreement, the tern of this Agreement shall begin ENTER
DATE and end on ENTER DATE for completion of all Required Services.
i
4, Compensation: SELECT ONE OF THE FOLLOWING OPTIONS THEN DELETE ANY OPTION
THAT IS NOT APPLICABLE,AS WELL AS THESE]INSTRUCTIONS
A. Form. of Compensation
Ll Single Fixed Fee. For performance of all of the Required Services Contractor/Service Provider as herein
_
required, City shall pay a single fixed fee of $ENTER CONTRACT AMOUNT, upon completion, to City's
satisfaction, of such services.
OR
❑ Fled Fee Paid Increments. For the performance of each phase or portion of the Required Services b
Contractor/Service Provider, as are separately- identified above} City shall pay the fixed fee associated with each
_chase of ser iee, xn the amounts and at the tines or milestones or deliverables set forth.
. r
Phase Deliverable Amount
OR
❑ Time and Materials. For performance of the Defined Services by Contractor/Service Provider as herein
required, City shall pay. Contractor/Service Provider for the productive hours of time spent by
Contractor/Service Provider in the Performance of said Services, at the rates or amounts as-indicated below:
ENTER APPLICABLE RATE
B. Reimbursement of Costs
❑ Done, the compensation includes all casts
OR
❑ Invoiced or agreed-upon amounts as follows:
ENTER OR ATTACH AND REFERENCE ANY AGREED-UPON COST REIMBURSEMENTS
=- AND
C i ly of Chula Vista Agreemcnt No.:OBTAT FROM CITY CLERK x5961
21116- j rAktg&%f& TRA '1' ER I F VIT ER RSP" l
i
Notwithstanding the foregoing, the ma intim amount to be paid to the Consultant for services performed
!rough ENTER END OF CONTRACT DATE skull not exceed ENTER AMOUNT. If the City exercises its
option to extend the Agreement, the amount to be paid to the Consultant for services provided during the tern
of that extension shall not exceed ENTER AMOUNT. If the City exercises all additional options to extend the
Agreement, the total amount to he paid to the Consultant for services provided during the initial and optional
extension periods shall not exceed ENTER AMOUNT..
. Special provisions: CHECK ANY THAT AMPLY OR SELECT "NONE," AND DELETE ALL
INSTRUCTIONS.
❑ Permitted Sub-Contractor/Service Providers: LIST PERMITTED SUB-CONTRACTOR/SERVICE
PROVIDERS (DELETE DYNE IF NOT APPLICABLE)
❑ Security for Performance: SEE CITY ATTORNEY(DELETE LINE IF NOT APPLICABLE)
❑ Other: DESCRIBE SPECIAL PROVISIONS T)ELETE LINE IF NOT APPLICABLE)
❑ options to Extend: Notwithstanding the completion date set forth in section, 3.C., above, City has option to
extend this Agreement for up to INSERT NUMBER of YEARS additional years, in one-year increments. The
Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City
exercises an option to extend, each extension sball be on the same terms and conditions contained herein,
provided that the amounts specified in Section 3., above, may be increased by yap to INSERT PERCENTAGE
F INCREASE for each extension. The City shall give written notice to Contractor/Service Provide- of the
:moi "s electron to exercise the extension. Such notice shall be provided at least 3 o days prior to the expiration of
the term.
❑ None
'i.
7I City of Chula Vista Agreement No.:OBTATN FROM CITY CLERK x5961
2X116 1i4grpig@bWaqj!W&QVTRACTOR/SER ICE PROM]DIER Re 1153
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EXHIBIT B
INSURANCE REQUIREMENTS
CONTRACTORS/SERVICE PROVIDERS
Contractor/Service Provider shall adhere to all terns and conditions of Section 3 of the- Agreement and agrees
to provide the following types and min mum amounts of insurance, as indicated checking the applicable
�
boxes (x).
Type of Insurance Minimum Amount Form
F-1 General Liabilit } x,000 per occurrence for Insurance Services office Form �
Including products and bodily injury, personal injury G 00 01
completed operations, (including death), and property
personal and damage. If Commercial General
advertising injury Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement *Must be primary and must not
or Blanket Al Endorsement for exclude Pro uctsl o plc ted
xt _perations
Waiver of Recovery Endorsement
Automobile Liability $1,000,000 per accident for bodily Insurance Services Office Form
injo ury, including death, and CA 00 01
property damage Code I-Any.Auto
Code -Hired
Code -Non Owned
❑ Workers' $1,000,000 each accident
Compensation 1,000,000 disease polio limit
Employer's Liability $1,000,000 disease each employee
Waiver ofRecovery Endorscment
Other e otiated Insurance Terms; ENTER ANY ADDITIONAL AL TEl M O "NONE"
g
14
FCity of Chala Vista,agreement No.:OBTAIN FROM CITY CLERK x5961
11 -
t NT ACT0RJSERVTCE PROVIDER ��"ageh 4
i
FXHIBIT
CONTRACTOR/SERVICE PROVIDER CONFLICT of IN'T'EREST DESIGNATION
' ical Reform A.ct5 and the Chula Vista. Conflict of Interest Code "`Code" require designated state and
The Political � � �
local government officials, including some Contractor/Service Providers, to make certain public disclosures
using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document,
accessible to any member of the public. In addition, Contractor/Service Providers designated to file the Form
700 are also required to comply with certain ethics training requirements.7
1.Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the
definition of"Contractor/Service Provider,"pursuant to FPPC Regulation 18700.3, must file a Form 700.
.required Filing Deadlines
Each initial Forrn loo required under this Agreement shall be filed with the office of the City Clerk via the
city's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form loo
filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the
termination of the Agreement.
3. Filing Desi nation
The City Department Director will designate each individual who will be providing semees to the City
pursuant to the Agreement as.full disclosure, limited disclosure, or excluded from disclosure, based on an
analysis of the services the Contractor/Service Provider will provide. Notwithstanding this designation or
anything in the Agreement, the Contractor/Service Provider is ultimately responsible for complying with
FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please
do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1- 6 6-ASK-FPP , or (866) 27 -
77 *2-
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
Lategory descriptions av i .c lavistac . rt e , 1 -clerkl+o ict-o -interest-code.
Name EmailAddress Appl cahle Designation
Enter Name Enter email address ❑ A. Full Disclosure
❑ B. Limited Disclosure (select one or more ofthe e categories
under which ContractorlService Provider s all le):
111. ❑ 2. ❑ 3. 114. ❑ 5. 11 . ❑ 7.
Justification:
❑ C. Excluded from Disclosure
Enter Name Eater email address ❑ A. Full Disclosure
❑ B. Limited Disclosure (select one or more of the categories
under which ContractorlService Provider shall f le):
Ell. ❑ . E3. ❑ 4. -F-15. L16. ❑ 7.
Justification:
❑ C. Excluded from Disclosure
omRete by: Enter Name (odd additional pages, as needed)
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code,this document shall serge as the written
determination of theContractor/Service Provider's requirement to comply with the disclosure requirements set forth
in the Code.
Cal. Prov. Code §81000 et seq.;FPPC Regs. 18700.3 and 18704.
6 Chula Vista..Municipal Code §§2.02.010-2.02.040.
7 Cal. Gov. Code §§53234' et se .
City of Chula Vista Agreement No.:013TAIN FROM TTY CLERK x5961
2016 (F!IrAiVa %c aNTRAC'I'OR1SERVICE PROVIDER R"YQ91 55
Baker& Taylor offers categories of material other than those listed below.
Please see Attachment A for a complete discount outline and Attachment B For Category Definitions.
-- RFP P05-16/17 Page 3
5epteniher 2,20]6
MY Of
PROPOSAL FORM
The bidder hereby offers, subject to al specifications,terms and conditions,and general provisions
herein,to furnish the City of-Chula Vista LIBRARY I BOOKS AND AUDIO-VISUAL MATERIALS
IAL
for a period of twenty-four(24) months as follows.
Item Description Estimated 24-Month Percentme
1 - 7 Print Material Prosection Discou nt
1 Adult Trade Books, General Readership
(Fiction & Non-Fiction) $1501000 .460%
Category/. Attachment B. (Hardcover)
2 Juvenile Trade Boobs
(Fiction & Non-Fiction)
0t000 46.0 '
Category H,Attachment B. (hardcover)
3 Bestsellers. 70j000 46.0
Categories 1& 11, Attachment B. (hardcover)
4 Reference/Technical Textbooks 520,000 10.0
Categories V111, IX&X1,Attachment B.
i
5 Mass Market Paperbacks $10,000 1-4 copiesltitle 40.0 j
Category Vf Attachment B. 5+copiesItitle 41.5
Books of a Trade Nature(Small FuhIishers
Not Included in Annual Trade List). $10,9000 10.0
Category IX,Attachment Bt
7 Publisher's Library Bindings 01 22.5%
Category V11,Attachment B.
8 Audio-Visual Materials: $70,000 gee below
A. Spoken Word Compact D i ses 45.0 (popular editions) + Category X11**
B. DVDs 3o.o%
C. BILI-Rays 30.0
Interface and Electronic Links
Bidder shall provide an online ordering tool that accurately displays publication date, availability,
current stock on viand and status of existing order. Bidder shall providc this tool at no additional or
minimal cost. Bidder shall provide an ability to view,download and print invoices and statements..
B idler shat I provide the ahs I i ty to electron ically interface Frith the Library"s Instoistrtive Interface
Sierra system. Bidder shall describe any electronic mechanism for invoicing. Bidder shall provide
r - •
,4ties which receive minimal publisher discount will he invoiced at publisher's list pricer Titles where Baker Tayfor
receives no discount from the publisher or prepayment is required Eby the publisher or publishers whose titles have limited
demand andlor non-commercial publishers will be invoiced at list price phis a$4.951unit service charge.
** This discount will apply to pop alar editions from widely distributed publishers. Not all spoken word audio editions
qq.%,c,rj�V1&,,Pther editions will Abe discounted per Categories 1, 11, V11, 1 ,X orXI(Attachment A).2 . Page 156
= }AFP P05-16/17 Page 4
September 2,2016
CHULA VISTA
at least two( ) public library accounts and contact person with telephone numbers that have ars
operational interface between the Bidder's -system and the library`s hiltovotive lWerfaces Sierra
system
Name of Public Library Contact person Phone#
San Diego County Library San Diego, Aennifer Lawson 858-694-2460 �
Pasadena Public Library(Pasadena, A) Brigrcfa Campos 626-744-4037 �
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Fir f f I I m en t a n d De ivery
Bidder shall state ability to provide bestseller hooks, DVDs* and BIu-Rays prior to the scheduled
release date, to confirm status of items ordered, and the average period of time such confirmation
occurs:
Please see our attached hid response.
Bidder shall state what percentage o f~an order, on average, will be delivered within 30 days alter
receipt of~the order:
90- 96 % for in-print and available materials
Bidder shall specify the average number of days after receipt of order(ARO)to the point of delivery:
-3 DaysARO for in-stock titles with no processing or mylar-,jacket only
i
Bidder sha I I state the average percentage of out of steep items and the average time, for delivery:
5 % Bays A 110
Bidder shall describe routines for dealing with `out of stock items"',e.g. frequency ofback orders,
any factors making backordering impossible,minimum size(if any)oforder allowing backorders to
he placed:
No minimum order size is required td allow backorders. Any titles not immediaLtly available from our
inven tory will he promptly ha okordered. please see our proposal for a ddrtronal details.
* Based upon orders for titles that are in-print and available. Delivery time is dependent upon publisher avaitahility.
2016-12-13 Agenda Packet Page 157
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RFP P05-16/17 Page 5
0 1
September 1,2016 -S- ��
CRYO
CHUM VbTAi
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Fulfillment and Delivery (Continued)
Bidder shall specify rush order mechanists avai lable,e.g. 4-hour delivery,ordering requirements,
minimum quantities for such orders;
Rash orders are available, however, o vemight delivery charges, if requested, will he the responsibility
of the City of Chula Vista.
Bidder shall specify if multiple copies of title ordered would he shipped as quantities permit or
when all quantities ordered are available. Also, ii*Library may select a preference:
The Library may opt to receive partial quantities or to receive full quantities only. Please see our
proposal for additional details.
Bidder shall describe any other fulfillment and deiivery mechanisms available, hem long they
operate,and how long they take:
Please see our response for information on profiled automatic shipment services.
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Location anti Capacity of WarChOLISC
Bidder shall state the location o f the nearest Full capacity warehouse:
Pero, NV
i
Bidder shall state the present stock in volumes and.titles:
i
Baker& Taylor has a national inverf 18 million grits, including over 1,000 000 titles.
Bidder shall state the approximate number of}publishers represented in the warehouse:
76
.,000+publishers and im rin is
2016-12-13 Agenda Packet Page 158
I
I
RFP P05-16/17 Page 6
September 2,2016
crry of
CHH A LISTA
Customer Seri-ice
Bidder shall state the location of the nearest point of~Contact to Chula Vista:
Sales Consultant,Janice Lentz, is based out of Oceanside, CA.
Regional Director, Dave Hargrave, is rased out of Paso fables, CA.
Bidder shall state the name of the account representative assigned to the City and his/her role and
responsib i I/gest.
D onna Elam, Customer service Representative-Bo airs& spoken Word A udio =(800) 775-1200} ext.*2746
B ob Williams:, Inside A ccount Representative r/Music/D VD y(80q) 775-260Q. ext. 5815
Toll f bee number: please sae above
Customer Service Hours: 5:00arn to 4:00prn (PST) Books l spoken WordAudio -
7:0Dam to 4:00pm (PST) /Music/DVD
ustainatAfiltvs- Efforts(Etivironmenfid est) risibility)
oiler balleseribe enervation efforts
used by company and suggestions to help the City of
Chula Vista reduce our carbon footprint:.
Please.see our bid response,
2016-12-13 Agenda Packet "' Page 159
RFP POS-16/17 Page 7
September 2,20]6
CMC*
CHULA VSA
References
B i dder sha I I I i st the f i ve(5) largest publ is l i b rary accoun is to wh i ch they h ave been a major supe lie r for
the last three years
Name of 111ri blie Library Contact Person ]"hone# S Va III e ofBIlsiness
1. Los Angeles County Library_... Wendy Crutch er 562-940-8503
(Los Angeles, CA)
. Sari Diego Public Library Robyn Gage-No aisl 619-236-5803 '
(sari Diego, CA)
3. San Diego County Library Jennifer Lawson 858-694+2460
parr Diego, A)
4. Phoenix Public Library Rita Hamilton 602-262-4735
(Phoenix,AZ)
5. Perna Public Library Diane Ward 520-594_569 '
(Pima, AZ)
i
Flavor en t Terms
'fierens: Met 3 -Days
Prompt payment discounts offered for less than fifteen(I )days will not be considered in evaluating
proposals for award. However, discounts offered of less than fifteen fteeu (]5) plays will be taken if
payment is, made by the City within the discount period. In the absence of terms, payment shall be
Met Thirty (3 0) Bays.
*Annual purchases from each of these clients i 1 million or more.
2016-12-13 Agenda Packet Page 160
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RFP lP05-16!17 Page 8
io
September 2,20 t 6CM Of
CHULA VISTA
I
1-lubl ie Agerkey Part cil);at'10 n
Other public agencies(e.g.city,,county,public corporation,political subdivision,school district,or
water authority)may want to participate in any award as a result of`this proposal. The City o f~ hula
Vista shall incur no financial responsibility in connection with any purchase by another public
agency.The public agency shall accept sole responsibility for placing orders and making payments to
the successful Bidder. T'h i s option will not be considered in proposal evaluation. Please 1ndicate
whether this will be granted.
Ves X No
PUBLIC DISCLOSURE
All bids submitted in response to this R B become the property of the City and public records,
a nd as suc h m ay be subj ect to pub I i c rev i ew. 'Under the Ca I i forma P u b I is Records Act (Ca I i f o re is
Government Codc Section 6250 et seq.)records in the custody of a public entity generally have
to be disclosed un less the information being sought falls into one or more of the exemptions to
disclosure set out in Government Code Sections 6254 through 6255.
A cover letter submitted with the bid should contain a paragraph that states whether or not Bidder
(Contractor or Vendor) believes that its bid does or does not contain information that falls into
one of the exemptions of Government Code Sections 6254 through 6255 and whether or not
Bidder(Contractor or Vendor)considers such information to be confidential.
In the absence oi'a declaration, the City may be obligated to disclose the bid to any party that
requests it. Regardless of assertions of confidentia I ity, bid contents may sti It be disclosed i f City,
or a court with jLtrisdiction, determines that such bid is a public record requiring disclosure
i
2016-12-13 Agenda Packet Page 161
i
= RFP P05-16/17 Page 9
September 2,2016
CW OF
CHULA VISTA
PROPOSAL AND OFFER TO CONTRACT
The 13 rider(here 1naller sometimes cal Ied Proposer,Contractor or Vendor) submits a bid and o ffers
to enter into this contract with the City of Chula Vista (hereinafter called City) this 3rd day of
October, 2016 as follows:
This Proposal and O ffc r, suh+cct to the specifications, terms and conditions, and
general provisions herein, when duly accepted b the City, shall constitute the contract
between -the parties.
In consideration f the payments to be provided by the City,and in accordance with the
conditions e pressed in the proposal forms and specifications attached and by this
reference incorporated h rein,contractor agrees to furnish the City of Chula Vista with
Library Bucks and Audio-Visual Materials.
The following section m tilt be filled in completely:
omI)any [Mame Baker& Taylor, LLC
A t1 d rens 2550 W. Tyvola Road, suite 300
• , - IIIIIII�1
i
City Charlotte State NC Zip 28217
_.._.�
Telephone 800.775-7930, ext. 3245 Fax. 704-998-3260
E m a i C. bids @baker-taylor.cora
I - .IIIIIPMr'W�
Print Name Lee Arra Queen Ti tic Director,, Pricigg services
Signature �:Zez
fr. Date September 29, 2016
�.. �� �
Bidders shall submit three (3) complete sets of their proposal. Three (3) Current pti bl ishetl
price lists shall he included with the proposal. Additionally please provide a c onipaet disk or
USB Flash DriNre of the proposal submitted anti the current published price List.
Price List
Please see our website for title listings. Title data is updated on a daily basis. Access the
Title Source site at,
http.-Apublielibrary.btol.rr om
Login: CJS ULA VISTA
Password: BOO 1122
2016-12-13 Agenda Packet Page 162
i
Exhibit C
BAKER &TAYLOR VS INGRAM SUMMARY VIEWS
Baker&Taylor"Enhanced" summary view shows inventory without the user having go deeper into the
item's full record.
CARTS v 1 CUSTOMER SUPPORTv 1 MY,B&Tv
41LE;;,BOGK:,,�BrOOKiPAPERBACK C�R BC)1DKJH,4kRDG01VER>GARDENVP,,JG CA1LiiFn-1R1N1A1, Ti-T1 l II 11 nT
Vievi w Se-,Y,IrchiIR(nults
Found IN ii torr gaffclleniiiigiiigc,aliifomjia"ie]AND the fc4kvvw-ug terms:
Use"IMY,Pirelbrences"fiterina to inarrow this search. ,DISPILAY QUICK VIEW
Refirie Search Sallections
0 1W
Sold By:7i t I P- 1v Results Per Page:��q i-)t-A,�IPaige 10 of 23 -j Go to Paige: Go
to(2)
Ffrescaping-Creating Ftirs-res.lslant(Landscapes,Gardens,
And Rropertms Lin Calliforma's Dilverse EnIvuronmenits Net-$17 06
Kent.DOLlgla,S
P.0 L line#:::
9TEM 599973ED9
16) Papiarbac*,, Product Lodktip:,L'-5—SLI Notes:
iil
i J36) Publish StaWis.
Publisheir uNAIIarness Py Publigh Dale: 0411 S�C305
Edj1iianNo,lur-ne,,,. Street Date: NASrL'1105
I Reieased�2) Auidjeince:: 11er*raln Adult Dewey:: 635�'M
ion�35� LC C N:, 21-040300464 L.C.Clam S 6 4 75.9.F 57 K46 2,F)D,5
Series Nafli
1 17"
j tat 1311SAC Sijibject:
Invenitoiry oil Girder
on(1919) vuz*Mft 10 a
West* 0 a
306-Day Demand: a
Qty:
Is,Gii j 0 1
The,Flavors of Home:A Gviiide to mild Edible Plants,of the
SainfFirancisco Bay,Area
R.cos-Colims,lrJargiV Craig,Rase P.O.,Line
11 SBN!:9 7 609 3 0,5 56,46 5
In, ram's "Extended"summary view requires more time be spent on each item of possible interest.
>Mgraini Extended D�All Products,ra,Se,:rn'd-
Search,Results 1 to 3 of"3 Products
Sorted by�
Page 1 of 1 E C E Tiitbe
L.1 Almor-id Produrbor r arual
...............
Authar:.Micke h arrer,,(Edicor) US SRP-S49.00(Discaurci 2096�
P u b1l is her., of F-31'o�f-j'a.. IEAIN.978 T 8 7,99062 28
P u b Date:06M`1996 1 ISBM 187990622E
Eiri Pajp�eFback 911SAC Cate,ories-.
Gcr_,tbeFfli F I-_A,nE'�- `MG
IEF"�� UIde
IL_
TP
Aut,han Y,17[L Anj�.La(A U th 5 R
r) US, P:$15.9P,(1)i sccurc!NET)
— -.
IPubllisher-.� EAIN.97818614410,03
Pub Date;12N&2013 1115EIN,1861441002
Hiindirm&Pallaerback Dewey:635
LC Call Nurrlbeir;513450.97
815AC Caitegoirie&:
-Se-H, g r Ffl
I G F
I die;-feral
'Iris'--GartlFurkri Erniv r Dja I.E--"Cr
AutharE.,gaLr,G-7(Auth'i0r),E-_d� 1111111L]!�tratsr) U S S RP-$I q.,195(D i�cc u r c!R 17 G)
.2:�
Rubll is her:Q.w(df .7
Lq.e 0016,press EAIN:97&1925110692
n 4.11. �L�..........................
2,, I
Pub Date:051-7012015 111513N.1925110699
Oiindhlg:�Paperback 811SAC Catego6es-.
-,111y,n,,le F
-.L1.LF.LrL1 le NLinfi -r�j Galnner�L'Actirdiui-LI
Ljjrvenilp.Nanifinur,I
...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
2016-12-13 Agenda Packet Page 163
BAKESPONSE�DETAIL
I...I.................................. .............................
"S
CATALOC--ING A NDPROCE SZNG
ill M Y� A R r
S-59/ullldt
641
................. ..........................
.............
�71
H-1 TO I C- rrl a fl::',
back,covel "r Rle� " $1,9 9 ,U
,7 ..........
-)Ql!IEP6ll 15
11 111 m 11..........u...........................................-'ha ...................................... ............... mm 1111111,m 1111
us I
............ Ih.....................III
$:01111.15 label
III I.d..........
Re P-�Ck�,clle,, 15poken'�Nlord Xvlic
9 9
I idud, S bride-1. r,,rd I'S 7 4,!,!n a rl,I Jld'-a c-t,L r !a,r J
and cvvners
.............
iciiatl oir of Ubrarj.,jr&jpr
(mm
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graermedt. nion
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INGRAM B[D REPONSE DETAIL
..............
My lia,r Jac ket,afar wiu
th, gle Qr tape peir e Lib
thilrary's /
�65unit
Spin La be 1 $0,1111811/unit
Barcode $0.18/unit
Sta m ,$0.,15 per impre5sion
2016-12-13 Agenda Packet Page 164
RESOLUTION NO.
RESOLUTION OF Tl✓ll:l' CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TWO-YEAR. PURCHASE
AGREEMENT BETWEEN .HE CITY AND BAKE ok
TAYLOR_, WITH 6 ONE-YEAR OPTIONS TO RENEW FOR
THE PURCHASE OF LIBRARY BOOBS AND AUDIO-
VISUAL MATERIALS
WHEREAS, City requires wholesale boob and audio-visual. vendor to provide materials
and services allowing City to develop and maintain library collections; and.
WHEREAS, In order to procure these services City solicited proposals in accordance
with Chula "Nista Municipal Code Section 2.5 .080 for contracts exceeding $100,000 for
furnishing boobs and audio-visual materials, received 2 proposals, and selected Baler & Taylor
as the most qualified; and,
WHEREAS, Baler & Taylor warrants and represents that it is experienced and staffed in
a manner such that it can deliver the services rewired to City accordance with the time frames
and the terms and conditions of this agreement; and
WHEREAS, based on Baler & Taylor's demonstrated ability to provide satisfactory
service to City, its ability to offer the best discounts, the lowest processing fees and an online
ordering tool that best suits our needs, tris vendor is recommended; and
WHEREAS, City staff recommends that the City enter into an agreement with Baler
Taylor, pursuant to RFP P05-16/17 Proposal and Offer to Contract "Proposal and. Offer"),
accordingly; and
WHEREAS, pursuant to the proposal and Offer, the initial term covers the period
January 1, 2017 through. December 31, 2018, and the City has the option to extend it for
additional terns, each defined as a one-year increment, which would cover through. December
31, 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista that it accepts the p Proposaland Offer to Contract, pursuant to . . .P P05-16/17, from Baker
Taylor, in the form presented, with such minor modifications as may be required or approved
by the City attorney, a copy of which shall be Dept on file in the Office of the City Clerk and
authorizes and directs the City Manager to execute all necessary documents to carry-out the
intent of this Resolution.
C:1U ers\GRANIC-I\AppD ta\Lo;al1Tei-np\BCI.,Technologies\ syPD "71(BC LCtt,A4050C3D\ C[.<(r A4000D.doc
2016-12-13 Agenda Packet Page 165
Resolution No.
Page 2
Presented by Approved as to form by
Be,tty Wazni*s Glen R. Goo ins
Library Director City Attorney
2016-12-13 Agenda Packet Page 166
ANNI f1.00000
City oChula Vista
00*40-- -ow"
CHULAVISTA
Staff Report
ile#: 1 -05691, Item#: 7.
COMMENTS BY AND BIDDING FAREWELL TO RETIRING C UNCI MEMS ISS PAMELA
BENSOUSSAN AND STEVE MIESEN
City of China Vista Page 1 of 1 (Printed on 12/8/20116
2016-12-13 Agenda Packet age 167