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Home My WebLink AboutAgenda Packet 1995/01/10 Tuesday. January 10. 1995 Council Chambers 5:30 p.m. Public Services Building Soecial Meetin2 of the City of Cbula Vista Citv Council CALL TO ORDER 1. ROLL CALL: Councilmembers Fox _. Moot _. Padilla _. Rindone _. and Mayor Horton - CLOSED SESSION Unless the CiJy Attomey, the City Manager or the CiJy CouncU states otherwise at this time, the CouncU wUl discuss and deliberote on the foUowing items of business which are ¡unnitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the CiJy. The Council is required by law to return to open session, issue any reports of ñnal action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be tenninated at this point in order to save costs so that the Council's return from closed session, reports of JiIy¡J action taken, and atfjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minates which will be available in the CiJy Clerk's Office. 2. Anticipated litigation pursuant to Government Code Section 54956.9 . Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1. 3. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ADJOURNMENT The meeting will adjourn to the Regular City Council Meeting on January 10. 1995 at 6:00 p.m. in the City Council Chambers. Notice is hereby given that the Mayor of the City of Chula Vista has called and will convene sa special meeting of the City Council on Tuesday, January 10, 1995 at 5:30 p.m. in the Council Conference Room, Administration Building, 276 Fourth Avenue, Chula Vista, CA. "I deofere I:mderJlìftalty of perjury that I am emplØyed by th. f:ity of Chllla Vista in the Offllee of the City Clerk and that I posted this Age~dall\/,",ce on the âulletin Board ø& the Public ~1.C~U;lding ânp .:L~~~n . DATED, ,~. ,q SIGNED. J. B\ J< declare under penalty of perjury that- I am employed by the City of Chula Vista in the Office of the City Cluk and that I posted this Agenda/Notice on the Bulletin Board at Tuesday, January 10, 1995 the Public erv· es Building an at Cit HajJ on Council Chambers DATED. I ~ a SIGNED ß 6:00 p.m. ~ Public Services Building RellUlar Meetin2 of the City of Cbula Vista Citv Council CALL TO ORDER . 1. ROLL CALL: Councilmembers Fox _, Moot _, Padilla _, Rindone _, and Mayor Horton - 2. PLEDGE OF ALLEGlANCE TO THE FLAG. SiLENT PRAYER 3. APPROVAL OF MINUTES: December 9, 1994 (Adjourned Special Meeting), December 20, 1994 4. SPEClAL ORDERS OF THE DAY: None submitted. ..*** Effective April 1, 1994, there have been new amendments to the Brown Act. The CiJy Council must now reconVene into open session to report any JiIy¡J actions taken in closed session and to atfjourn the meeting. Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However, final actions reported wUl be recorded in the minutes which wUl be available in the CiJy Clerk's Office. ***** CONSENT CALENDAR (Items 5 through 11) The staff recommendations regarding the foUowing items Usted under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public or CiJy stall requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Fonn" available in the lobby and submit it to the CiJy Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete the pink fonn to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNICATlONS: a. Letter from the City Attorney stating that as a result of deliberations that oœurred in Closed Session on 12/20/94, Council authorized the City Attorney to accept a settlement offer made by two of the City's prior insurers on claims made by the City that insurance policies issued by said insurers covered environmental contamination of the City's Corporate Yard (Paint Pit. Except for the foregoing, there was not other observed reportable action taken by the City Council in Closed Session. It is recommended that the letter be received and filed. - .-.----,,-..-- -..- . ._-_.~_._._.._.- ___"n__ _._-,...._..,.__.._._-------_._~_._--~- Agenda -2- January 10, 1995 6. RESOLUTION 17779 DESIGNATING THE SAN DlEGO COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH AS THE UNIFlED PROGRAM AGENCY FOR HAZARDOUS WASTE AND HAZARDOUS MATERlALS MANAGEMENT FOR THE CITY - Recently enacted State legislation mandates that the hazardous waste and hazardous materials regulatory burden on the business community be reduced by consolidation of duplicative regulatory programs County-wide into a designated Unified Program Agency. The County of San Diego Environmental Health Services division currently administers a consolidated regulatory program for hazardous waste/materials handling and related emergency planning for all eighteen cities and the uuincorporated areas of the County. The establishment of the Unified Program Agency will consolidate an additional element (Aboveground Storage Tank Spill Prevention Plan) which i. currently administered by the Regional Water Quality Control Board. Staff recommends approval of the resolution. (Fire Chief) 7. RESOLUT10N 17780 APPROV1NG AGREEMENT W1TH COM-AlD INC. FOR MAINTENANCE OF THE CITY'S NEC NEAX 2400 TELEPHONE SWITCH - Agreement with COM-AID loc. for maintenance of the City's NEAX 2400 telephone switch. Staff recommends approval of the resolution. (Director of Management and loformation Services) 8. RESOLUTION 17781 W AlVING THE BlD REQUlREMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT (NOT TO EXCEED $68,000) AND SOUTHWESTERN COLLEGE (NOT TO EXCEED $13,000) FOR USED OiL RECYCLING EDUCATION SERVICES - On 5/17/94, Council authorized the City Manager to submit an application for $101,550 to the Califoruia lotegrated Waste Management Board for a Used Oil Block grant. The grant application specifically identified partnerships between the City, Cbula Vista Elementary School District and Southwestern College to implement the grant services. The agencies were specifically selected because of their unique ability and history of providing environmental awareness, education and business programs for local youth and businesses. On 8/9/94, Council approved accepting the State of Califoruia Used Oil Block Grant for $101,550 and appropriating funds therefor. The resolution implement¡¡ the service agreement¡¡ needed to move forward on the project. Staff recommends approval of the resolution. (Conservation Coordinator) 9. RESOLUTION 17782 ORDERING THE SUMMARY VACATION OF (1) A PORTION OF NORTH F1FTH A VENUE NORTH OF "C" STREET (NORTH FlFTH AVENUE EXTENSION), AND (2) STREET TREE EASEMENT CONTINGENT TO SAID PORTION, BOTH OF wmCH LlE WITHIN THE CHANNELSIDE SHOPPING CENTER PROJECT, IN ACCORDANCE WITH SECTlON 8335 OF THE STREETS AND IDGHW A YS CODE - Dixieline Lumber Company, owner of property north of the northwest comer of North Fifth Avenue and "CO Street, commonly known as 40 North Fifth Avenue or APN 562-324-04, has requested vacation of that portion of North Fifth Avenue within said property, which was recently dedicated for street purposes, and vacation of the Street Tree Easement, which was dedicated in conjunction with, and is contingent upon the existence of said portion of North Fifth Avenue. Staff recommends approval of the resolution. (Director of Public Works) -~..~-_.- -----.----.,."---.-.-- --~--_._-----_._-_._._-------------~ Agenda -3- January 10, 1995 10. RESOLUTION 17783 RE-APPROPRlATING FUNDS, ACCEPTlNG BID AND AWARDlNG CONTRACT FOR "CIVlC CENTER FLOORlNG lNSTALLATlON (GG- 108)" - On 1217/94, bids were received for 'Civic Center Flooring Installation (00-108).' The work consists of replacing an existing deteriorated carpet and vinyl tiles in the Civic Center and other miscellaneous work specified in the specifications. Staff recommends Council: (1) Reappropriate $600 from 600- 6001-00 123, City Hall recarpeting, $9,138.59 from 600-6OO1-SW204, sidewalk replacement, and $2,659.53 from 600-6001-00122, Roof Repair, Loma Verde Center; and (2) Accept bids and award contract to Allied Carpet in the amount of $73,495 for 'Civic Center Flooring Installation.' (Director of Public Works) 4/5th's vote required. .. .. END OF CONSENT CALENDAR .. .. PUBLIC HEARINGS AND RRLATED RESOLUTlONS AND ORDINANCES The following items have been ndvertised and/or posted as public hearings as required by law. If you wish to sJUak to any item, please fill out the "Request to Speak Fonn" available in the lobby and submit it to the CiJy Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete the pink fonn to sJUak in opposition to the staJf recommendation.) Comments are limited to five minutes JUr individual. 11. PUBLIC HEARING CONSIDERATION OF RATE INCREASE FOR COLLECTION AND DISPOSAL OF REFUSE - The County of San Diego and the Solid Waste Authority approved an increase in landfill tip fees from $55/ton to $74/ton effective 10/1194. Laidlaw has been paying disposal costs based on the $74/ton charge since 10/1194 but the increase has not yet been passed on to ratepayers. During January 1995, the County Board of Supervisors and the Authority may take action regarding elimination of the differential tip fee. A delay in considering an increase may provide for a more stable rate determination and fewer changes impacting the ratepayers. Staff recommends the Dublic hearil1ll he continued to 2/7195. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. ORAL COMMUNlCATlONS This is an opportuniJy for the generol public to address the CiJy Council on any subject matter within the Council'sjurisdiction that is l!!ll an item 011 this agenda for public discussion. (State law, however, generolly prohibits the CiJy Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yeUow "Request to SJUak Under Orol Communications Fonn" available in the lobby and submit it to the CiJy Clerk prior to the meeting. Those who wish to sJUak, please give your name and address for record purposes and foUow up action. Your time is limited to three minutes per speaker. -.---- "" -." ----.-.---- ----" -_.._--~-----.- Agenda -4- January 10, 1995 , BOARD AND COMMISSION RECOMMENDATIONS This is the time the CiJy Council wUl consider ilems which have been lorwarded to them for conslderotion by one of the City's Boards, Commissions and/or Committees. 12. Letter from Charter Review Commission forwarding ex-Mayor Tim Nader's proposal regarding voluntary spending limits for consideration. (C.R. Campbell, Chairman, Charter Review Commission) ACTION ITEMS The items Usted in this section of the agenda are expected to elicit substantial discussions and deliberotions by the Council, staff, or members of the generol public. The items wUl be considered individually by the Council and staff recommendations may in certain cases be presented in the alternative. Those who wish to s¡uak, please fill out a "Request to Speak n fonn available in the lobby and submit it to the CiJy Clerk prior to the meeting. Public comments are limited to five minutes. 13. RESOLUTION 17784 APPROVING THE SUBMlSSION OF AN APPLICATION TO THE ECONOMlCDEVELOPMENT ADMIN1STRATION, U.S. DEPARTMENT OF COMMERCE, FOR TWO MlLLION DOLLARS TO FUND THE BORDER ENVIRONMENTAL COMMERCE ALLlANCE, APPROVING THE APPROPRlATION OF A CITY CASH CONTRlBUTION, AND AUTHORlZING THE COMMUNITY DEVELOPMENT DlRECTOR OR HIS DESIGNEE TO SIGN THE APPLICATION AND ALL RELATED DOCUMENTS - On 7/19/94, Council approved the updated Border Environmental Commerce Alliance Project Plan and directed staff to prepare an application to the Economic Development Administration (EDA) for Federal funding of the Environmental Technology Resource Center and the Environmental Business Cluster (incubator). Staff subsequently submitted a pre- application to EDA in the amount of $2.346 million and bas now been invited to submit a formal application in the amount of $2 million. Staff recommends approval of the resolution. (Director of Community Development) 4/5th's vote required. 14. RESOLUTION 17778 REAPPROPRlA TING $165,000 FROM STL-221, THE 1994/95 PAVEMENT OVERLAY PROJECT, TO STL-206, THE 1993/94 PAVEMENT OVERLAY PROJECT - The 1993/94 overlay project was the largest overlay program done in the City's history. The contract was awarded to Sim J. Harris Company in the amount of $1,457,132. Council authorized staff to expend the remaining amount for additional quantities and streets. Due to three major factors that combined to increase the contract, there was a cost over run and additional funds have to be appropriated. Staff recommends this item be continued to 1/17/95. (Director of Public Works) 4/5th's vote required. Continued from the meeting of U/20/94. 15. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given by staff. _L._..__......._.. - ..--.-.------,-.--.--..-..--.---..------.--.-"---,. Agenda -5- January 10, 1995 ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the CiJy Council will discuss items which have been removed lrom the Consent Calendar. Agenda items pulhd at the request of the public wiU be considered prior to those pulled by Councilmembers. Public comments are limited to five minutes per individual. OTHER BUSINESS 16. CITY MANAGER'S REPORT(s) a. Scheduling of meetings. 17. MAYOR'S REPORT(s) a. Council appointments. b. Ratification of appointment to the Charter Review Committee - John M. Dorso. 18. COUNCiL COMMENTS Council member Rindone a. Board/Commission/Committee Liaison. Continued from the meeting of 12/20/94. b. Selection of Metropolitan Transit Development Board Alternate. Continued from the meeting of 12/20/94. Councilmember Fox c. Introduction of "Reclaiming Our Streets." Referral to appropriate commission programs relating to street safety and speed watch and changes affecting existing and future neighborhoods as it relates to providing friendly pedestrian and bicycle access. CLOSED SESSION Unless the CiJy Attorney, the CiJy Manager or the CiJy Council states otherwise at this time, the Council will discuss and deliberote on the foUowing items of business which are pennitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the CiJy. The Council is required by law to return to o¡un session, issue any reports of JiIy¡J action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping wUl be tenninated at this point in order to save costs so that the Council's return from closed session, reports of JiIy¡J action taken, and atfjoumment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the CiJy Clerk's Office. 19. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 . Cbula Vista and nine other cities vs. the County of San Diego regarding solid waste issues (trash litigation). . City of Chula Vista vs. the County of San Diego regarding approval of a major use permit for Daley Rock Quarry. -- - - ~.---- ..~_._--_...._-----_..._~-.._,.-..__.- Agenda -6- January 10, 1995 2. Anticipated litigation pursuant to Government Code Section 54956.9 · Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1. · Metro Sewer Adjustment Billing (water reclamation and expansion costs). · Daley Constroction and Golden Eagle (qualification of surety issues). PUBLIC EMPLOYEE APPOlNTMENT - Pursuant to Government Code Section 54957 · Title: Assistant to the Mayor and City Council. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or desiguee for CVEA, WCE, Executive Management, Mid-Management, and Unrepresented. Employee organization: Cbula Vista Employees Association (CVEA) and Western Council of Engineers (WCE). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 20. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ADJOURNMENT The meeting wiI1adjourn to (a closed session and thence to) the Regular City Council Meeting on January 17, 1995 at 6:00 p.m. in the City Council Chambers. . -~-- -----------.-- - January 5, 1995 TO: Tho Honomb~ Mo,,, Md CO, C? FROM: John D. Goss, City ManagerJ<4 .-.. SUBJECT: City Council Meeting of January 10, 1995 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, January 10, 1995. Comments regarding the Written Communications are as follows: 5a. This is a letter from the City Attorney stating that as a result of deliberations that occurred in Closed Session of 12/20/94, Council authorized the City Attorney to accept a settlement offer made by two of the City's prior insurers on claims made by the City that insurance policies issued by said insurers covered environmental contamination of the City's Corporate Yard (Paint Pit). Except for the foregoing, there were no other observed reportable actions taken by the City Council in Closed Session. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. JDG:mab I I ~~f? I I ¡ =~~; I ~~~~ CllY OF CHULA VISTA OFFICE OF THE CITY ATTORNEY Date: January 5, 1995 To: The Honorable Mayor and City cou~ From: Bruce M. Boogaard, City Attorney Re: Report Regarding Actions Taken in Closed Session for the Meeting of 12/20/94 The purpose of this letter is to announce that as a result of deliberations that occurred in Closed Session on December 20, 1994, the Council authorized the city Attorney to accept a settlement offer made by two of the City's prior insurers on claims made by the City that insurance policies issued by said insurers covered environmental contamination of the city's Corporate Yard (Paint Pit). Except for the foregoing, there was no other observed reportable action taken by the City Council in Closed Session. BMB:lgk C:\lt\clossess.rep 5~-J 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5037 ..--- A THIS PAGE BLANK ~.,,).. - . ---~.- ., -~-_.__._...-- - ----_.._-_.,-~~-~--~~- ._~.~. COUNCIL AGENDA STATEMENT t Item Meeting Date 1/10/95 ITEM TITLE: Resolution /77 7~esignating the San Diego County Department of Environmental Health as the Unified Program Agency for Hazardous Waste and Hazardous Materials Management for the City of Chula Vista. SUBMITTED BY: F;Æ Ch;," f~ 16 REVIEWED BY: City Manager J / (4/5ths Vote: Yes_NolO Recently enacted state legislation mandates that the hazardous waste and hazardous materials regulatory burden on the business community be reduced by consolidation of duplicative regulatory programs countywide into a designated Unified Program Agency. The County of San Diego Environmental Health Services division currently administers a consolidated regulatory program for hazardous waste/materials handling and related emergency planning for all eighteen cities and the unincorporated areas of the county. The establishment of the Unified Program Agency will consolidate an additional element (Aboveground Storage Tank Spill Prevention Plan) which is currently administered by the Regional Water Quality Control Board. RECOMMENDATION: That the City Council approve the Resolution. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: Backaround In 1993, the California Legislature enacted Senate Bill 1082 (Calderon) to reduce the regulatory burden on the business community by consolidating duplicative regulatory programs. SB 1082 mandates that administration of six specified hazardous waste and hazardous materials regulatory programs be consolidated under a Unified Program Agency to be certified by the California Environmental Protection Agency (CaIEPA) prior to January 1, 1996. The six regulatory programs to be consolidated under the Unified Program Agency are: · Hazardous Waste Generators · Underground Storage Tank Operation · Hazardous Materials Inventories and Release Response Plans · Acutely Hazardous Materials Handling · Hazardous Materials Management Plans and Inventory · Aboveground Storage Tank Spill Prevention Plan ¿'I "'^__.'____'". _...._ ........._. __...___..____._._.___~.._._.._ 0'--' ___ Page 2, Item: ¿ Meeting Date: 1/10/95 Local Action for ComDliance San Diego County is already in substantial compliance with SB 1082. The County's Environmental Health Services division (EHS) currently administers a consolidated regulatory program for hazardous waste/materials handling and related emergency planning for all eighteen cities and the unincorporated areas of the county. This program, however, covers only five of the six elements required to be consolidated. In order to comply with the 1993 legislation, a Unified Program Agency will be established which will consolidate the only element not currently administered by the County - The Abovearound Storage Tank Spill Prevention Plan. This element is currently administered by the Regional Water Quality Control Board (RWQCB). Although final cDordination by the County with the RWQCB is not yet complete, it is anticipated that the County would assume only administrative authority over this one element of the RWQCB's plan, leaving the RWQCB with the element's operational authority. Under this scenario, there will be no affect on the balance of RWQCB's present authority. Action requested bv the Council EHS is preparing a Unified Program Agency certification application for submission to CalEPA in early 1995. An element aermane to this aDplication for certification is the desianation by the City of Chula Vista of EHS as the Unified Program Agency for this iurisdiction. This Drocess is routine in nature. simply incorporatina the final element of consolidation under the unified agency. and is consistent with pendina action by the other iurisdictions in the county. FISCAL IMPACT There is no fiscal impact as a result of this action to comply with the mandated hazardous materials/handling regulation consolidation. The City of Chula Vista will retain full authority to inspect local businesses for Uniform Fire Code and Chula Vista Municipal Code compliance, to issue permits associated with the installation and removal of underground storage tanks, and to pursue any future fees for fire safety inspections. t-~ RESOLUTION NO.~ 7779 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING THE SAN DIEGO COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH AS THE UNIFIED PROGRAM AGENCY FOR HAZARDOUS WASTE AND HAZARDOUS MATERIALS MANAGEMENT FOR THE CITY OF CHULA VISTA WHEREAS, Chapter 6.11 of Division 20 of the California Health and Safety Code (HSC) requires that administration of six specified hazardous waste and hazardous materials management regulatory programs must be consolidated as a Unified Program; and WHEREAS, HSC Chapter 6.11 requires that an agency which administers any of the specified unified program components must be certified under a Unified Program Agency by the Secretary of the California Environmental Protection Agency; and WHEREAS, those Unified Program components specified in HSC Chapter 6.11 include the requirements of HSC Chapter 6.5 (commencing with Section 25100) related to hazardous waste generators and on-site waste treatment; HSC Chapter 6.7 (commencing with Section 25280 related to construction, operation, and removal of underground storage tanks; Article I of HSC Chapter 6.95 related to Hazardous material release response plans and inventories; Article 2 of HSC Chapter 6.95 related to with the management of acutely hazardous materials; HSC Section 25270.5(c) related to aboveground storage tank spill prevention control and countermeasure plans; and Uniform Fire Code (UFC) Section 80.l03(b&c) related to hazardous materials management plans and inventories; and WHEREAS, HSC Section 25509.2 eliminates duplicative reporting requirements by deeming that reports filed under HSC Chapter 6.95, Articles I and 2, shall have met the requirements of UFC Section 80.10-3 (b&c); and WHEREAS, the San Diego County Department of Environmental Health (previously known as the Department of Health Services, Environmental Health Services) currently administers regulatory compliance for five of the six Unified Program components in the City of Chula Vista; and WHEREAS, the Department of Environmental Health, serving as a Unified Program Agency, will coordinate administration of the sixth Unified Program component, the Aboveground Storage Tank Spill Prevent Control and Countermeasure Plans, with the San Diego Regional Water Quality Control Board. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista designates the San Diego County Department of Environmental Health as the Unified Program Agency for hazardous waste and hazardous materials regulation in is jurisdiction. Presented by James Hardiman, Fire Chief C:\nI\hazwaste ~.J -~-- -..------ ,-",~-~-,""---"- - _...___.u.__,.__._,_ __,____._______...'..".__'.__.._.__. __ ~.._._. -- COUNCIL AGENDA STATEMENT Item 7 Meeting Date 01/10/95 ITEM TITLE: RESOLUTION 17?Y~pprOVing Agreement with COM-AID Inc. for maintenance of the City's NEC NEAX 2400 telephone switch. SUBMITTED BY: Director of Management & Information servicese0 REVIEWED BY: City Manager '1í ~ 16 (4/5ths Vote: Yes_ Nol) The maintenance contract for the City's telephone switch expires on February 12, 1995. For the past 4 year s the City has contracted with NEC to perform the necessary maintenance on the telephone switch. At the time that staff issued a Request for Proposals (RFP) to upgrade the telephone switch to accommodate the addition of the South Chula Vista Library, staff also requested proposals from qualified vendors to provide maintenance for the City's telephone switch. After the proposals were received and evaluated, staff negotiated the proposed agreement with COM-AID, Inc. which placed highest in the evaluation process. RECOMMENDATION: That the Council adopt resolution approving the agreement with COM-AID Inc. for the maintenance of the City's NEC NEAX 2400 telephone switch. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: On July 12, 1985 the City of Chula Vista installed the NEC NEAX 2400 telephone switch. The switch provides cost savings to the City by automatically routing outgoing calls to the least expensive path before completing the call. The switch also provides "station-ta-station" calling which is the feature which allows all calls from one City phone to another to be handled entirely in the switch thereby eliminating any Pac Bell charges at all for those calls. In addition to substantial cost saving to the City, the telephone switch provides City departments with features which were not available through the utility company or would have needed to be purchased at a substantial cost to the City. These features include call forwarding, conference calling, speed dialing, call back, and others. The telephone system contains a variety of electrical components which must be maintained at peak operating efficiency so that the system can function properly. Maintenance for the City's telephone switch cannot be done by in-house personnel for several reasons. Costly and extensive training is required due to the very technical nature of the telephone components. When the telephone switch is not functioning properly it must be repaired quickly. Many times repairing the switch requires defective parts to be replaced. Keeping an inventory of these parts would be cost prohibitive. 7-} ------...- -"~---------~-."._----- -,,- Page 2, Item 7 Meeting Date 01/10/95 For the past four years the City has contracted with NEC to provide the maintenance. For the twelve month period ending February 12, 1995 the cost of this maintenance is $21,787.20. On August 6, 1994, staff sent requests for proposals to three local companies who were authorized distributors of N.E.C. telephone equipment and advertised the existence of the RFP in the local newspapers. The three companies that responded were: Proposal Location - COM-AID $ 19,689.80 EI Cajon - NEC $ 21,787.20 San Diego - ATEL $ 25,308.00 San Diego The City Manager appointed a selection committee of the following individuals to evaluate the proposals: Louie Vigna piano Director of Management & Information Services David Palmer Library Director Rick Nelson Computer Operations Manager The proposals were evaluated based on ability to properly maintain the City's telephone system, references and price. COM-AID, Inc submitted the best overall proposal. They were the lowest cost proposal of the three and the references which were checked by staff were very satisfied with their work. This maintenance contract specifies that COM-AID will arrive at the City within 2 hours of being notified that an emergency repair of the City's phone switch is needed. In addition, the company will respond within 24 hours for any repair work which is determined by the City to be necessary but of a non-emergency nature. The cost of the proposed maintenance contract with COM-AID, Inc. is $19,689.80 and begins when the existing maintenance contract with NEC expires on February 12, 1995. The term of this contract is for six years, with a maximum rate of increase equal to the CPI Index up to a maximum of 2.5% increase per year. The contract specifies that the City may terminate the agreement at any time for any reason upon thirty (30) days written notice. The City of Chula Vista has contracted with COM-AID for the purchase and installation of telephone hardware to support the South Chula Vista Library. That contract was approved by Council on November 1,1994 and was for $31,893.29. Fiscal Impact Maintenance for the City's telephone switch is budgeted in the Non-Departmental budget (0730). $21,800 has been appropriated in FY 1994-95 to cover the existing contract through the end of the fiscal year. Since the proposed $19,689 contract would be in effect beginning in February, the amount needed for FY 1994-95 will be slightly less than the $21,800 which has been budgeted. 7"'~ _._-~--_.....__.~_.._- ,.,. .-.--....---....-...--......-.-....-- "'---~-" RESOLUTION NO. /7'1l?tJ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT WITH COM-AID INC. FOR MAINTENANCE OF THE CITY'S NEC NEAX 2400 TELEPHONE SWITCH WHEREAS, on July 12, 1985, the City of Chula Vista installed the NEC NEAX 2400 telephone switch; and WHEREAS, said switch provides cost savings to the City to automatically routing outgoing calls to the least expensive path before completing the call and provides city departments with additional features including call forwarding, conference calling, speed dialing, call back, and others; and WHEREAS, the maintenance contract for the city's telephone switch expires on February 12, 1995; and WHEREAS, at the time that staff submitted an RFP to upgrade the telephone switch to accommodate the addition of the South Chula vista Library, staff requested proposals from qualified vendors to provide maintenance for the City's telephone switch and the following three companies responded: Bidder Amount Location COM-AID $19,689.80 EI Cajon NEC $21,787.20 San Diego ATEL $25,308.00 San Diego WHEREAS, the proposals were evaluated based on ability to properly maintain the city's telephone system, references and price and COM-AID offered the best price and their references clearly demonstrate their ability to satisfactorily perform the necessary work. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve Agreement with COM-AID Inc. for maintenance of the City's NEC NEAX 2400 telephone switch, a copy of which is on file in the office of the City Clerk as Document No. (to be completed by the Clerk in the final document) . BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of hula vista. Presented by Louie Vignapiano, Director Bruce M. of Management & Information Attorney Services 7, J /1- ~ - ..._.,.._.._~--~._,_....- ------------- ..-.----------- Agreement between City of Chula Vista and COM-AID, Inc. for Telephone System Maintenance This agreement ("Agreement"), dated January 10, 1995 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Vendor, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Vendor"), and is made with reference to the following facts: Recitals Whereas, the City desires to contract for the maintenance of the City's Telephone System Hardware and Software Components; and, Whereas, the City prepared a request for proposal for such services; and, Whereas, the Purchasing Department did advertise in local newspapers the availability of the request for proposal; and, Whereas, the selection committee evaluated proposals from three different vendors and chose the vendor which best meets the needs of the City; and, Whereas, Vendor warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Vendor to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; I 7-5" NOW, THEREFORE, BE IT RESOLVED that the City and Vendor do hereby mutually agree as follows: I. Vendor's Duties A. General Duties Vendor shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Vendor shall also perform all of the services described in Exhibit A, paragraph S, entitled " Scope of Work and Schedule" , not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph a, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph a, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from vendor, from time to time reduce the Defined Services to be performed by the Vendor under this Agreement. Upon doing so, City and Vendor agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Vendor to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Vendor, Vendor shall perform same on a time and materials basis at the rates set forth in "Non-Maintenance Compensation" in Exhibit A, Paragraph 11 (B), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Vendor, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in 2 ?--V ,_n,' _..~._._ . - -- --.-......-..-.......--..--- ---.'. - -~._-- m_._,_____ .._____.__.___~...________,__ ______ a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Vendor represents that it and its agents, staff and subvendors employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverage, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Vendor, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage" ) , and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. 1. Certificates of Insurance. Vendor shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Vendor's Commercial General Liability Insurance Policy, Vendor shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. 3 7~ 'l ~'_M'~'_____'_'_"..___. '___n -.." . _._W·_._~.__._ ..______._...____.__ - H. Performance Bond. In the event that Exhibit A, at Paragraph 9, indicates the need for vendor to provide a Performance Bond, which indication shall be made by checking the parenthetical space adjacent to the term, "Performance Bond", then Vendor shall provide to the City a performance bond by a surety and in a form satisfactory to the City Attorney in an amount indicated in the space adjacent to the term, "Performance Bond", in said paragraph 9, Exhibit A. II. Duties of the City A. Consultation and Cooperation City shall regularly consult the Vendor for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Vendor throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Vendor's performance of this agreement. B. Compensation - Upon receipt of a properly prepared billing from Vendor, City shall compensate Vendor for all services rendered by Vendor according to the terms and conditions set forth in Exhibit A, Paragraph 11 adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, and shall compensate Vendor for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Vendor shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, paragraph 18 (C) to be charged upon making such payment. III. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4 7-~ ---~-_.,,- ------ --~,-_..._-- -.-- -- -------.- IV. Term. Subject to the termination provisions provided herein, the term of the agreement shall be for six (6) consecutive years. All terms and conditions contained in this agreement shall remain in effect throughout the entire six (6 ) year period. V. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, paragraph 14. It is acknowledged by both parties that time is of the ,essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the vendor shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the vendor's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. VI. Financial Interests of Vendor A. Vendor is Designated as an FPPC Filer. If Vendor is designated on Exhibit A, paragraph IS, as an "FPPC filer", Vendor is deemed to be a "Vendor" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Vendor is designated as an FPPC Filer, Vendor shall not make, or participate in making or in any way attempt to use Vendor's position to influence a governmental 5 7-<7 -----_._~.._--- decision in which Vendor knows or has reason to know Vendor has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Vendor is designated as an FPPC Filer, Vendor warrants and represents that Vendor has diligently conducted a search and invèntory of Vendor's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Vendor does not, to the best of Vendor's knowledge, have an economic interest which would conflict with Vendor's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Vendor is designated as an FPPC Filer, Vendor further warrants and represents that Vendor will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Vendor is designated as an FPPC Filer, Vendor further warrants and represents that Vendor will immediately advise the City Attorney of City if Vendor learns of an economic interest of Vendor's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Vendor warrants and represents that neither Vendor, nor Vendor's immediate family members, nor Vendor's employees or agents ("Vendor Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Vendor further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Vendor or Vendor Associates in connection with Vendor's performance of this Agreement. Vendor promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Vendor agrees that Vendor Associates shall not acquire any 6 ?.../# --- -_... -,.'..- ...._-~..".- ._--~_."'--,. "----..----- such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. VII. Hold Harmless Vendor shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Vendor, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Vendor's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Vendor at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Vendors' indemnification of City shall not be limited by any prior or subsequent declaration by the Vendor. VIII. Termination of Agreement for Cause If, through any cause, Vendor shall fail to fulfill in a timely and proper manner Vendor's obligations under this Agreement, or if vendor shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Vendor of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Vendor shall, at the option of the City, ~ecome the property of the City, and Vendor shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Vendor's breach. IX. Errors and Omissions In the event that the City Administrator determines that the Vendors' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Vendor shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 7 7-11 --...-- _____.".o____"^" 0_______ X. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Vendor of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that eVE!nt, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Vendor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Vendor hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. XI. Assignability The services of Vendor are personal to the City, and Vendor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City, which City may not unreasonably deny. XII. Ownership and Use of Equipment and Materials All equipment, data, statistics, forms, designs, plans, procedures, software, documentation, systems and any other materials or properties covered under this Agreement shall be the sole and exclusive property of City. City shall have unrestricted authority to sell or otherwise dispose of all said items. XIII. Independent Contractor City is interested only in the results obtained and Vendor shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Vendor's work products. Vendor and any of the Vendor's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. XIV. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 8 7"'/~ -- --.-..- -- -----..--- - --- -~ -"--... ,--..--..-------, 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Vendor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. XV. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. XVI. Statement of Costs In the event that Vendor prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Vendor shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. XVII. Miscellaneous A. Vendor not authorized to Represent City Unless specifically authorized in writing by City, Vendor shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Vendor is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Vendor and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Vendor represents that neither Vendor, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of 9 7,/ ;:J ",- -- . .-...--.-.-- business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the state of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and· performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] 10 ?-I'f ____m..._,'_________ Signature Page to Agreement between City of Chula Vista and COM-AID for Telephone System Maintenance IN WITNESS WHEREOF, City and Vendor have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 1994 City of Chula Vista by: Shirley Horton, Mayor Attest: ey Dated: COM-AID, Inc. By. 0J~,~ Dale M. ardy General Manage Exhibit List to Agreement (X) Exhibit A. ( ) Exhibit B: 11 7-1.5 ..-.......-..-". '"".--, - . -.-... .---.....- -------..- Exhibit A to Agreement between City of Chula Vista and COM-AID, Inc. I. Effective Date of Agreement: II. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: , a [insert business form] ("City" ) III. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 IV. Vendor: COM-AID, Inc. V. Business Form of Vendor: ( ) Sole Proprietorship ( ) Partnership (X) Corporation VI. Place of Business, Telephone and Fax Number of Vendor: 380 Vernon Way Suite A El Cajon, California 92020 Voice Phone (619) 441-0707 Fax Phone (619) 441-0987 VII. General Duties: Repair and maintain in proper working order all hardware and software components of the City's Telephone System. 12 7-/? "_.~- "...,--.--------- VIII. Scope of Work and Schedule: A. Detailed Scope of Work: The maintenance agreement encompasses the City's entire telephone network and covers all telephone equipment, wiring and software owned by the City. This agreement includes within its coverage all City owned telephone hardware and software (whether supplied and installed by the Vendor, City staff or a third party) which directly or indirectly communicates with or directly supplies power to any aspect of the NEC NEAX 2400 PBX switch. Only the items specifically listed below are excluded from the coverage of this maintenance contract: · The AVT Voice Processing system · Telephone equipment in the Police and Fire Dispatch Center Dispatch Room except for one standard single- line line which goes to the paging console in Dispatch. · All 911 telephone equipment and wiring · The Account-A-Call Tadpoll call collector · All modems attached to the PBX except the Motorola Universal Data Systems modem which is used for Remote File Maintenance · Any security/fire alarms or related equipment using City telephone cables. The cables, however, are covered under the maintenance contract. · All answering machines · All head-sets · All power systems including S.D.G. & E. up to but not including the Lorain Power Rectifier The vendor will perform the following duties: Evaluate Hardware or Software regarding intended performance to detect defective or malfunctioning components. Repair or replace, in a timely manner, any and all hardware/software components which fail to function at intended levels. When such failure is not due to negligence or accident caused by any City employee or agent (other than the maintenance vendor or its agents) or an act of God, war, terrorism, vandalism or civil unrest, the cost of services will be borne by the vendor except for the City's duty to pay the Maintenance Compensation specified in Exhibit A, Paragraph XI (A). When such failure is due to negligence or accident caused by any City employee or agent (other than the maintenance vendor or its agents) or an act of God, war, terrorism, vandalism or 13 7-/7 ----."- . - -...----....-..- -- - -~---~-_._---------_._---- civil unrest, the cost of services will be borne by the City as set forth in Exhibit A, Paragraph XI (B) ("Non-Maintenance Compensation"). Respond in a timely manner when the City notifies provider of suspected or known problems. Provide reasonable telephone help to answer questions that City staff will, from time to time, have regarding the telephone system and how to implement various features or make routine changes to existing configurations. EXPECTED LEVELS OF RESPONSE The City of Chula Vista functioning as a local municipal government which provides numerous critical, emergency services to the public, requires that certain response time criteria be met. The vendor agrees to the following response times: EMERGENCY SITUATION CALLS When the NEC NEAX 2400 PBX or any of its significant subsystems become functionally incapacitated, whether due to hardware or software, it will be viewed as an emergency situation. Additionally, any problem which significantly impairs non-9ll telephone traffic through the Police and Fire Dispatch Center will be considered an emergency situation. Within thirty (30) minutes from the time that the City notifies the vendor of an emergency situation, the vendor will confer in person or via telephone with the appropriate City employee. The purpose of this conversation will be to review the situation and to establish a plan for resolution of the problem. Within two ( 2 ) hours from the time that the City notifies the vendor of an emergency situation, the vendor will have a qualified and properly equipped technician at the City's PBX site. If, after one (1) hour at the site, the above technician has not been able to determine the cause and solution of the problem, that technician will notify the appropriate City employee and then request additional support from the local office. Additional support must be provided by the vendor 14 ')-/~ .--.- .--. ~...._.._-----_._-~----_.__._--_._-_..~--_.- ------~---- within thirty (30) minutes of such a request. If, after one (1) hour from the request for additional support, the cause and solution of the problem has not been determined, the technician(s) at the site will notify the appropriate City employee and then request the highest level of support available. Additional support must be provided by the vendor within thirty (30) minutes of such a request. NON EMERGENCY REPAIR CALLS Within twenty four (24) hours from the time that the City notifies the vendor of a non emergency situation, the vendor will have a qualified and properly equipped technician at the City's PBX site. If, after two (2) hours at the site, the above technician has not been able to determine the cause and solution of the problem, that technician will notify the appropriate City employee and then request additional support from the local office. Additional support must be provided by the vendor within thirty (30) minutes of such a request. If, after two (2) hours from the request for additional support, the cause and solution of the problem has not been determined, the technician(s) at the site will notify the appropriate City employee and then request the highest level of support available. Additional support must be provided by the vendor within thirty (30) minutes of such a request. ADDS, MOVES OR CHANGES The City may, from time to time, request that the vendor supply and install (at the City's expense) components within .the proposed telephone system. Such requests are to be completed within ten (10) working days from such a request. If the request made by the City is of a complexity which would make completion within the ten (10) working day limit unreasonable, then the vendor and the City will confer in good faith and establish a mutually acceptable due date. 15 ?..¡ 9 -..-......---.,,------ -- - -----------..- ----- ".··om_.__ -----...-------.- The City may, form time to time, request that the vendor perform various types of file maintenance (at the City's expense). Such requests, are to be completed within two (2) working days. If the request made by the City is of a complexity which would make completion within the two (2) working day limit unreasonable, then the vendor and the City will confer in good faith and establish a mutually acceptable due date. ADDITIONAL STANDARDS OF PERFORMANCE The vendor will at all times take all reasonable steps to insure that the telephone system is fully functional. The following are just a few examples of those reasonable steps: Maintenance of or timely (within two or three hours) access to a parts/supply inventory consisting of those components in use by the City's telephone system which might fail. In the event that a component needs to be replaced which is not in inventory, it would be considered a reasonable step to obtain such a component using the fastest shipping means possible in an emergency and the fastest reasonable shipping means in a non emergency. Vendor will work in a cooperative spirit with the City's staff and telephone service providers such as Pacific Bell and applicable long distance carriers in order to resolve any problems. B. Date for Commencement of Vendor Services: ( ) Same as Effective Date of Agreement (X) Other: February 13, 1995 or sooner if necessary. IX. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) ~ployer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). ( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). ( ) Performance Bond equal to 50% of total cost (parts, labor and taxes) of all work done. 16 7-,)..¡ß --..- _._.---_.~_..._._....._--.--- ...... _._.--._._...._-~_._--_._-- ...._._-~--_.- ~, ,,·_.___~w·__ _ ___.... -----~"~.- X. Materials Required to be Supplied by City to Vendor: None. XI. Compensation: A. (X) Maintenance Compensation is $ 19,694.88 per year. The initial contract amount of $ 19,694.88 is based on a cost of $ 26.19 per year per active (energized) telephone or trunk port in the City's NEC NEAX 2400 telephone switch. At the effective date of this contract, it is agreed by both parties that there will be 752 active telephone or trunk ports. This initial contract price may, at the vendor's option, be increased by the CPI index up to a maximum of 2.5% (two and one-half percent) each subsequent year. In the probable event that the City adds more telephone or trunk ports to the existing NEC NEAX 2400 telephone switch, the contract price per year will also be increased by the number of ports added times the then current cost per port. These adjustments in price will go into effect on the first day of the second, third, fourth, fifth and sixth anniversary of the agreement. For performance of all of the Defined Services by Vendor as herein required, City shall pay a fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: $ 1,641.40 payable at the beginning of each month. B. (X) Non-Maintenance Compensation The hourly rate for Adds, Moves and Changes is $ 72.00 per hour 8:00 a.m. through 5:00 p.m. Monday through Friday except holidays. The overtime rate is $ 108.00 per hour 5:01 p.m. through 7:59 a.m. Monday through Friday, weekends and holidays. There is a three hour minimum charge for non emergency repairs performed at the City's request during the hours of 5:01 p.m. through 7:59 a.m. Monday through Friday. A $ 36.00 flat "Trip fee" is charged each time the Vendor is dispatched to the City's location for Adds, Moves, or Changes, however, no more than one $ 36.00 "Trip fee" will be charged during a single day no matter how many trips the Vendor makes to 17 7',2. / . ..,. _... -- ._._-_._----_._._--~ the City. Billable work will be billed in one-half (1/2) hour increments with a one (1) hour minimum. There is no charge for a "Pre-Field estimate". Initial New Parts List Description Part 'it Cost Hours Excluding To Tax Instl. ETE-1-2 Series II ETE-1-2 $ 58.00 .50 DTERM V ETT-16D-1 342.00 .50 6-Button Series II display ETE-6D-2 145.00 .50 16-Button Series II Display ETE-16D-2 $ 256.00 .50 16LCG-G 170240203 2359.00 .25 16LCQ 170240204 2597.00 .25 8ELCA with cable 170240230 1726.00 .25 PW03B 170242030 1573.00 .10 PW21 170242030 1573.00 .10 4RSTB 170241155 897.00 .10 8COTF 170240101 1888.00 .25 4TLTC 170240110 965.00 .25 8CFTD 170241160 230.00 .10 PA-PCOO 170241245 694.00 .10 Level-3 4 pair UTP, PVC/Ft 070000234 .05 Level-3 4 pair UTP, Plenum!Ft 07000202 .10 Level-3 25 pair UTP, PVC!Ft 07000244 .32 Level-3 25 pair UTP, Plenum!Ft070000231 .67 Regarding the parts and labor listed under "Non- Maintenance Compensation" and "Initial New Parts List" the Vendor agrees not exceed the below listed 18 ?-~).. ,.,-- intlationary caps for each of the following years: Parts Labor Second year 2.5% 2.5% Third year 2.5% 2.5% Forth year 2.5% 2.5% Fifth year 2.5% 2.5% Sixth year 2.5% 2.5% XII. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Vendor in the performance of services herein required, City shall pay Vendor at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate ( ) Reports, not to exceed $ . ( ) Copies, not to exceed $ . ( ) Travel, not to exceed $ . ( ) Printing, not to exceed $ . ( ) postage, not to exceed $ . ( ) Delivery, not to exceed $ . ( ) Long Distance Telephone Charges, not to exceed $ . ( ) Other Actual Identifiable Direct Costs: XIII. Contract Administrators: City: Richard L. Nelson, Computer Operations Manager, 276 4th Ave., Chula Vista, CA 91910 Vendor: Dale Hardy, General Manager, 380 Vernon Way, Suite A, El Cajon, CA 92020 XIV. Liquidated Damages Rate: XV. Statement of Economic Interests, Vendor Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer 19 7"~3 ~ -~._..__..- _...._~ ---',_._-- ,--- --.-.-.---.--..-.......- . ,........-..-..-.---.------- - ( ) Category No. lo Investments and sources of income. ( ) Category No. 2. Interests in real property. ( ) Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula VÌ8ta (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No. 7. Business positions. ( ) List "Vendor Associates" interests in real property within 2 radial miles of Project Property, if any: XVI. ( ) Vendor is Real Estate Broker and/or Salesman XVII. Permitted Subvendors: [END OF EXHIBIT A, REMAINDER OF PAGE IS BLANK] 20 7~.z'l --~'. ..-...---.---','----------- ----.-.- -- - --.,-.-'--------.,--,--. n'_u._'...'__, _____..,.._,_,._.__ __._~..___.__M__.____._______.'._m_.. _ _.___..._.__ THE CI1Y OF CHULA VISTA PAR1Y DISCLOSURE STATEMENT Statement ¡Of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which wil require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the contract, Le., contractor, subcontractor, material suEplier. Sprint North Supply Com-AID. nc. NEe America. Inc. Graybar Electric 2. If any person identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. William Schwem - President: Com-AlD.. Inc. Francis Gorman, V.P.; Com-AlD, Inc. Michael Serino, Secretary; Com-AlD, Inc. 3. If any person identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes_ No.lL- If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you ha.ve assigned to represent you before the Cit~ in this matter. Dale Hardy, General Manager Jon Jen en. Control er ThCDlllas Champ. Account J>Xecutlve William Schwem, President 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No...!..- If yes, state which Councilmember(s): N/A lm:i2n is defined u: . Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, :ryndicate, this and any other county, city and coulllry, city, municipality, district or other political subdivision, or any ather group or combination acting as a unit.' (NOTE: Attach additional pages u necessary) Signa~~~~aPPlicant Date: () t."'4.11 ,;)5) 'I'\~ Dale M. Hardy Print or type name of contractor/applicant (A-I J31A :DlSCLOSE.TXT (Re.bed: 11130190] 7~)5 ._____o__..._________'.m_.__.._.___,__ COUNCIL AGENDA STATEMENT r Item Meeting Date 1/10/95 TITLE: RESOLUTION /??Y'/ Waiving the Bid Requirements, and Authorizing the Mayor to Execute Agreements with the Chula Vista Elementary School District (Not to Exceed $68,000) and Southwestern College (Not to Exceed $13,000) for Used Oil Recycling Education Services. SUBMITTED BY: Conservation Coordinator~"'" I IV/L, REVIEWED BY: City Manager i9~ <' ) (4/5ths Vote: Yes _ No-X) City Council approved Resolution 17486 on May 17, 1994, authorizing the City Manager to submit an application for $101,550 to the California Integrated Waste Management Board for a Used Oil Block grant. The grant application specifically identified partnerships between the City of Chula Vista, the Chula Vista Elementary School District and Southwestern College to implement the grant services. These agencies were specifically selected because of their unique ability and history of providing environmental awareness, education and business programs for local youth and businesses. On August 9, 1994 the City Council approved Resolution 17601 accepting the State of California Used Oil Block Grant for $101,550 and appropriating funds therefor. This resolution implements the service agreements now needed to move forward on the project. RECOMMENDATION: Approve resolution. BOARD/COMMISSION RECOMMENDATION: The Resource Conservation Commission reviewed and recommended the Block Grant for submittal (including the Chula Vista Elementary School and Southwestern College components and related budgets) at their June 20, 1994 meeting. DISCUSSION: The Used Oil Opportunity Grant provides funds for a regional program (Chula Vista, National City and Imperial Beach) to promote used oil recycling and conservation among elementary school age students and local businesses. The grant will provide funds for the Chula Vista Elementary School District to teach children about the impacts of improper disposal of used oil on the local watershed and other resources. The grant also provides funds for a series of workshops and an awards program to promote used oil recycling among local businesses. The Chula Vista Elementary School District (CVESD) will work with students to develop and promote used oil recycling habits in their community. Attachment A is a recommended agreement between the City and the CVESD that provides up to $68,000 in funding for the g'" / .--.--- --.'--------". "---.- ~ Page 2, Item g" Meeting Date 1/10/95 CVESD to implement the student educational component of the grant. The School District will compile an anthology of instructional materials regarding used oil recycling, and oil's relationship to watershed protection for use by teachers and students throughout the district. CVESD will focus on student research and performance art activities that allow students to express what they have learned about the impacts of improper disposal of used oil. Student will also learn and teach each other about where and how to recycle used oil locally , as well as the importance of buying merchandise made from recycled materials. A copy of their project description and complete scope of work is included in the agreement, Attachment A. Attachment B is a proposed agreement between the City of Chula Vista and Southwestern Community College (SWC). The agreement provides up to $13,000 for SWC to develop, promote and implement a series of at least three and not more than six workshops. Each workshop will target a specific commercial sector and promote the establishment of a certified center, the recycling of used motor oil, the procurement and use of recycled oil and the retail sale of recycled oil. An example of a specific commercial sector is retail automobile service businesses. The workshops will also lead to an annual used oil recognition and awards program that reinforces corporate support for: quality of service, volume of oil recycled, participation levels and creative program promotion. The awards will recognize the establishment of recycling programs and their positive effect on the environment. A copy of the SWC's project description and complete scope of work is included in the agreement, Attachment B. Grant funding is based on a reimbursement process for tasks specifically described in the detailed scope of work. As the program progresses the assignment of tasks will be re-evaluated and only those tasks necessary to implement the spirit and intent of the grant will be authorized. Subsequently, each agency will only be reimbursed for those authorized tasks. The agreements with the Chula Vista Elementary School District and Southwestern College provide for 10% retention of each payment, until all tasks listed in the respective agreements are completed by the contract agency. At no time does the grant require the School District, College or City staff to remove or convey used oil. FISCAL IMPACT: The total cost of the proposed agreements (up to $81,000) is funded through a grant of $101,550 from the California Integrated Waste Management Board and has been appropriated. The grant also provides for the purchase of approximately $18,050 in public education materials and up to $2,500 in overhead payments directly to the City for administration of the grant. mtm:c cntct294.cas Attachments r.. .2. _ ._..._...._, _ ___ _._._._....._._.___.u.__..,.__.··,·_____~ RESOLUTION NO. J?7i"1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE BID REQUIREMENTS AND APPROVING AGREEMENTS WITH THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT (NOT TO EXCEED $68,000) AND SOUTHWESTERN COLLEGE (NOT TO EXCEED $13,000) FOR USED OIL RECYCLING EDUCATION SERVICES, AND AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENTS WHEREAS, City Council approved Resolution 17486 on May 17, 1994, authorizing the city Manager to submit an application for $101,550 to the California Integrated Waste Management Board for a Used oil Opportunity Grant; and WHEREAS, the grant application specifically identified partnerships between the City of Chula Vista, the Chula vista Elementary School District and Southwestern College to implement the grant services; and WHEREAS, these agencies were specifically selected because of their unique ability and history of providing environmental awareness, education and business programs for local youth and businesses; and WHEREAS, on August 9, 1994, the City Council approved Resolution 17601 accepting the State of California Used oil Opportunity Grant for $101,550 and appropriating funds therefor; and WHEREAS, it is necessary to approve the service agreements now needed to move forward on the project. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby waive the bid requirements and approve the Agreement with the Chula Vista Elementary School District (not to exceed $68,000) for used oil recycling education services, a copy of which is on file in the office of the City Clerk as Document No. (to be completed by the Clerk in the final document). BE IT FURTHER RESOLVED that the City Council does hereby approve the agreement with Southwestern College (not to exceed $13,000) for used oil recycling education services, a copy of which is on file in the office of the City Clerk as Document No. (to be completed by the Clerk in the final document). -1- ~~ / ,._-_.._..__._-----~------_._._-_.__.- BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreements for and on behalf of the city of la vis Presented by ?~ , onservation .:\IIOI8\AttorneyllleCYCle,oll -2- 8"~ ! ð -l¡ .--,----" --"'---------~--~- MINUTES OF A SCHEDULED REGULAR MEETING Resource Conservation Commission Chula Vista, California 6:30 p.m. Conference Room #5 Monday, June 20, 1994 Public Services Building CALL MEETING TO ORDER/ROLL CALL: Meeting was called to order at 6:35 p.m. by Chairman Kracha. City Staff Environmental Review Coordinator Doug Reid called roll. Present: Commissioners Hall, Kracha, Johnson, Burrascano. Absent: Ghougassian, Myers, Guerreiro. It was MSUC (HallIKracha) to excuse Commissioner Ghougassian from the meetings of April 25 and June 20 due to his election campaign; motion carried 4-0. Myers was previously excused. The absence of Guerreiro was unknown; vote to excuse at next meeting. APPROVAL OF MINUTES: It was MSUC (HallIBurrascano) to approve the minutes of the meeting of April 11, 1994; motion carried 4-0. The minutes of February 7, March 21, and April 25 still could not be approved due to lack of quorum from those meetings. ORAL COMMUNICATIONS: Teresa Aland, 1433 Nacion Avenue, Chula Vista, representative of Indwellers, communicated her intent to draft a proposal for the commission's consideration. The grant requirements from the Department of Conservation were read. The board encouraged her to also send a copy of her market development proposal to the City Council. NEW BUSINESS: 1. Jay C. Benet, architect representing the owner at 644 2nd Avenue, summarized the redesign and modifications of the designated historical site #44 to upgrade to current standards. Kracha suggested the residents may lose their classification permit if excessive changes are made on the outside of the structure. He stated the modified flat roof is not acceptable as Victorian and that the outside of the structure is not according to restoration guidelines. Kracha requested staff check the me's permit control limitations on the permit. It was MSUC (JohnsonlKracha) to approve the current structure to accommodate the large water heater, but mes an objection to modify the west end (closet and roof) additions; motion carried 4-0. They further recommended the owner resubmit an application for historical direction or reclassify to a no-permit limitation. 2. Teresa Aland read the Indweller report. Gretchen Brewer from Urban Ore, Inc. was scheduled to appear at previously canceled meetings to present alternative source recovery plants. Michael Meacham explained the City is currently in negotiations about these facilities and is waiting for an RFP. ~ g-, f' Resource Conservation Commission Page 2 3. Since the commission did not meet last month, Michael Meacham reported that he has applied for the Used Oil Grant; the first grant for $270,000 was approved. The regional Block Grant of $101,550 will cover Chula Vista, Imperial Beach and National City. A grant was also approved for a school program to focus on recycling. 4. Review of Negative Declaration IS-94-l8, Bonita Long Canyon Streambed-After a brief review of the project, it was MSUC (Burrascano/Johnson) to accept the negative declaration; motion carried 4-0. [Johnson left the meeting at 8 p.m.] STAFF REPORT: Doug Reid reported Staff had a meeting regarding the new Brown Act laws. The agenda must list items in some detail; minutes or notes should be taken of any commission action, even with less than a quorum present; care should be taken to discuss city issues in social setting, etc. A memo by the city attorney describes these new laws in detail. Additionally, Chairman's and Commissioner's comments must now be listed on agenda and members were advised to phone them in to Doug by the Tuesday before the next meeting. Discussion of the RCC budget was continued to a later date due to the Council's rejection of historical sign line item. Kracha commented that staff had over three years to fund historical signs. Prior to annexation, Montgomery had also approved $8000 for historical designations. Council has since denied approval. CHAIRMAN'S COMMENTS: Kracha requested agenda item for discussion: Investigate process for developing an amendment to the Muni Code to remove the RCC's responsibility to historical sites as they're not supported by City CounciL II:vite John Rojas from Historical Society for discussion. COMMISSIONER'S COMMENTS: The mayor stated that if any members want anything publicized to sendto media for publication; however, be cautioned of any possible legal repercussions. ADJOURNMENT: The meeting was adjourned by Chairman Kracha at 8:15 p.m. Respectfully submitted, . EXPRESS SECRETARIAL SERVICES ~W1#--q~ 8'--- ¡, , ".u__._.__ --.--....--."'-. -----.-" ----.........-.----.----...--..--...-. - -_...._,--- Agreement between City of Chula Vista and Chula Vista Elementary School District for Used Oil Recycling Education Services This agreement ("Agreement"), dated November 15, 1994 for the purposes of reference only, and effective as of the date last executed is between the City of Chula Vista ("City"), and Chula Vista Elementary School District, a public education special district of the State of California, and whose place of business and telephone number is, 845 East J Street. Chula Vista California. 91910 (619) 425-9600 ("Consultant"), and is made with reference to the following facts: Recitals' Whereas, City received a grant from the California State Integrated Waste Management Board, pursuant to an agreement ("Grant Agreement") by which City is to comply with certain terms and conditions ("Administrative Procedures and Requirements ") for the implementation of a used oil recycling program ("Program"), a copy of which agreement, administrative procedures and program are hereto attached as Exhibit A-I, A-2, and A-3; and, Whereas, Consultant desires to assist the City in the implementation of the Program and is willing to abide by all the Terms and Conditions required of the City by the Grant Agreement; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City. Whereas, Consultant desires to assist the City in the implementation of the Program and is willing to abide by all the Terms and Conditions required of the City by the Grant Agreement; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the tenns and conditions of this Agreement. Page 1 [1-7 ,.._~-~----_._.._.--.- - n' _ _ ______________,.___.__".'' "_n __... ______".,__,,, ..____.___.__....._...___ NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: I. Consultant's Duties A. General Duties On the condition that City and CWIMB remain in a valid contractual Grant Agreement by which CWIMB is paying City grant monies thereunder, Consultant shall perform the following general services "General Duties": Consultant shall, in the detail outlined herein, generally provide educational services promoting used oil recycling and the City's residential recycling program to elementary students throughout the Chula Vista Elementary School District and at least one presentation each for elementary schools within National City and Imperial Beach. ; and, B. Scope of Work and Schedule in the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit B, entitled "Detailed Scope of Work," Items 2.3.4 ~ 7 and Exhibit A-3, not inconsistent with the General Duties, and in doing so, comply with and perform the Administrative Procedures and Requirements that City is required to perform under its Grant Agreement with CIWMB, attached as Exhibit A-2, according to, and within the time frames set forth therein, and deliver to City such Deliverables as are identified therein within the time frames set forth therein for delivery, time being of the essence of this agreement. The General Duties and the Detailed Scope of Work and Deliverables required in the Scope of Work shall be herein referred to as the "Defmed Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City shall in good faith, and after meeting and conferring with Consultant, reduce the compensation herein payable to Consultant. D. Additional Services Page 2 E"- Ý In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a fixed fee basis agreed to in advance in writing, but not at the rates or fees greater than Consultant recovers from its best clients. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and sub-consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverage, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount of $ NIL . Commercial General Liability Insurance including Business Automobile Insurance coverage in the aJIlOIlnt of $ NIL , combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount of $ NIL , ulÙess Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates ofInsurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Page 3 ~-7 ------- -._--'----"---_._-_._--_._----_.~--~_.._~---~---,._~..-.... Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. 2. Duties of the City A. Consultation and Cooperation City shall provide initial training to Consultant, B. Compensation On the condition that City and CWIMB remain in a valid contractual Grant Agreement by which CWIMB is paying City grant monies thereunder sufficient to fund the compensation of Consultant and to the extent Consultant has incurred costs in the amount claimed and or perfonned to City's satisfàction, upon receipt of a properly prepared billing from Consultant submitted to the City not more than quarterly consistent with the Administrative Procedures and Requirements, attached, and in amounts not greater than set forth in Detailed Scope of Work, City shall compensate Consultant for all services rendered by Consultant according to the Administrative Procedures and Requirements, in the amount set forth in the Detailed Scope of Work and Budget (Exhibit B), subject to the requirements for a 10% retention which will be released to Consultant when same has been received by the CIWMB and Consultant has satisfactorily perfonned under this Agreement. All billings submitted by Consultant shall contain sufficient infonnation as to the propriety of the billing to pennit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. City: Michael T. Meacham, Conservation Coordinator Consultant: Lowell Billings, Asst. Supertdt, Chula Vista Elementary School District Page 4 <;", /t? --_.,,--,,-"_.,.,....."-,.__._._~.,.._-~.~_.,_._._---_.----....-- --- -,_."..__..._-_.__._-_._-_._---~._...-- --~ 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 6. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant, and all equipment and vehicles in good and operable condition, purchased with grant funds shall become the property of the City. 7. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 8. Termination of Agreement for Convenience of City Page 5 ~.,/ I ..._-~._-~---._------"._._._.,---_... ,.----- ~~------~.__._-_._------------,.,.- City may tenninate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfInished documents and other materials described hereinabove, and all equipment and vehicles purchased with grant funds shall become City's sole and exclusive property, and shall be returned to the City in a good and operable condition. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such tennination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 9. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. 10. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 11. Independent Contractor City is interested omy in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right omy to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefIts, injury leave or other leave benefits. Therefore, City will n~t withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City hamùess with regard thereto. Page 6 K" /..2 -~._--- -- 12. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has ílISt been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 13. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 14. Statement of Costs In the event tbat Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Dermed Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 15. Miscellaneous A. Consultallt not authorized to Represent City Unless speciíaca1ly authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Notices All notices, demands or requests provided for or pennitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the ædresses identified herein as the places of business for each of the designated parties. Page 7 ~"'13 -----------_.__._---_.__._-,-_._,---"---~.._,--_._--'"-"_.._-_.._"-~.~._~~--- C. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. D. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. E. Governing Law/Venue This Agreement shall be govemed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] Page 8 8"" / t! _~~'__'_'________~,..""__"__'_______~_~"'_" .____.__....._~__ _..___...____..__.__.___._______n_ _.___._~._" Signature Page to Agreement between City of Chula Vista and Chula Elementary School District for Used Oil Recycling Education Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,19_ City of Chula Vista by: Tim Nader, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: Bruce M. Boogaard, City Attorney Dated: Chula Vista Elementary School District By: Libia Gil,Superintendent Page 9 ~.. /.f / D - rLR ----------...- _ ---...----- ------------,-----------.--...---...----..--.- . -...--- ._-_.._.._..__.__._------,~-- Agreement between City of Chula Vista and Southwestern College Small Business Development and International Trade Center for Used Oil Recycling Education Services This agreement ("Agreement"), dated November 15, 1994 for the purposes of reference only, and effective as of the date last executed is between the City of Chula Vista ("City"), and Southwestern ColIege, Small Business Development and International Trade Center, a public education special district of the State of California, and whose place of business and telephone number is, 900 Otny Lakes Road. Chula Vista California 91910 421-6700 ext 1-6375 ("Consultant"), and is made with reference to the following facts: Recitalsl Whereas, City received a grant from the California State Integrated Waste Management Board, pursuant to an agreement ("Grant Agreement") by which City is to comply with certain terms and conditions (" Administrative Procedures and Requirements ") for the implementation of a used oil recycling program ("Program"), a copy of which agreement, administrative procedures and program are hereto attached as Exhibit A-I, A-2, and A-3; and, Whereas, Consultant dl'sires to assist the City in the implementation of the Program and is willing to abide by all the Terms and Conditions required of the City by the Grant Agreement; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City. Whereas, Consultant desires to assist the City in the implementation of the Program and is willing to abide by all the Terms and Conditions required of the City by the Grant Agreement; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. Page 1. ~.. I? ---,---------- -~-----_.._-----,...__.__._. --_.,,----- -_._.._.._--_._~~-_._-- -,--~-_._~ NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties On the condition that City and CWIMB remain in a valid contractual Grant Agreement by which CWIMB is paying City grant monies thereunder, Consultant shall perfonn the following general services "General Duties": Consultant shall, in the detail outlined herein, generally provide a series of three and not more than six workshops each targeting a specific commercial sector, promoting the establishments of certified centers, the recycling of used motor oil, the procurement and use of recycled oil, promote the retail sale of recycled oil and other City recycling services ; and, B. Scope of Work and Schedule in the process ofperfonning and delivering said "General Duties", Consultant shall also perfonn all of the services described in Exhibit B, entitled "Detailed Scope of Work," Items I 3.5.6 & 8 and Exhibit A-3, not inconsistent with the General Duties, and in doing so, comply with and perfonn the Administrative Procedures and Requirements that City is required to perfonn under its Grant Agreement with CIWMB, attached as Exhibit A-2, according to, and within the time frames set forth therein, and deliver to City such Deliverables as are identified therein within the time frames set forth therein for delivery, time being of the essence of this agreement. The General Duties and the Detailed Scope of Work . and Deliverables required in the Scope of Work shall be herein referred to as the "Dermed Services". Failure to complete the Dermed Services by the times indicated does not, except at the option of the City, operate to tenninate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Dermed Services to be perfonned by the Consultant under this Agreement. Upon doing so, City shall in good faith, and after meeting and conferring with Consultant, reduce the compensation herein payable to Consultant. D. Additional Services Page 2 ?'Jr --~----_._~..__..--_._---_..~_._-----_.._.._---_.._.."~-_._~_._--~_. -_.._--_._------~--_._----~-_.._--_..- -~...._.__.._--._. -- ------ In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a fixed fee basis agreed to in advance in writing, but not at the rates or fees greater than Consultant recovers from its best clients. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and sub-consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverage, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount of $ NIL Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount of $ NIL , combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount of $ NIL , unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Page 3 3""/~ A fr ~'" Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notîce to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. 2. Duties of the City A. Consultation and Cooperation City shall provide initial training to Consultant, B. Compensation On the condition that City and CWIMB remain in a valid contractual Grant Agreement by which CWIMB is paying City grant monies thereunder sufficient to fund the compensation of Consultant and to the extent Consultant has incurred costs in the amount claimed and or performed to City's satisfaction, upon receipt of a properly prepared billing from Consultant submitted to the City not more than quarterly consistent with the Administrative Procedures and Requirements, attached, and in amounts not greater than set forth in Detailed Scope of Work, City shall compensate Consultant for all servîces rendered by Consultant according to the Administrative Procedures and Requirements, in the amount set forth in the Detailed Scope of Work and Budget (Exhibit B), subject to the requirements for a 10% retention which will be released to Consultant when same has been received by the CIWMB and Consultant has satisfactorily performed under this Agreement. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. City: Michael T. Meacham, Conservation Coordinator Consultant: Mary Wylie, Dean Economic Development and Customized Training Page 4 'ir' .)(7 --'~""-"-'-"'--_."_.-_._----_.__.~._----_._-~-----_..-.....-----..------ .-. - - -- - --- - ---~-- 4. Term. This Agreement shall tenninate when the Parties have complied with all executory provisions hereof. 5. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 6. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to tenninate this Agreement by giving written notice to Consultant of such tennination and specifying the effective date thereof at least five (5) days before the effective date of such termination: In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant, and all equipment and vehicles in good and operable condition, purchased with grant funds shall become the property of the City. 7. Errors 3nd Omissions In the event that the City Administrator detennines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 8. Tennination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at Page 5 9'"-,,2 / .--.-----.--.-----.--------,., - _ _ ._nm _.__.__~_.___._ _ _ _~ ___.__ __ _ ___ --_.__..~ .-..---.-.-'.--.-.-..---..'..-.----. .--_.. least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove, and all equipment and vehicles purchased with grant funds shall become City's sole and exclusive property, and shall be returned to the City in a good and operable condition. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 9. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. 10. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 11. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 12. Administrative Claims Requirements and Procedures Page 6 8'''' """.,2.. _~____,__,.,___....",____..",._"_~_ _____._~.~..____'_m_'.__·.. _.__._._._.___ ...__.~.__'.m.__"_'~"________ _ _ _____m___ No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 13. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 14. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 15. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. C. Entire Agreement Page 7 8" ,,13 ,..- ..~_.- ~---------~ ._-----_.._--~-----_._----- -------~~- - ._~_.__._-..."-."-.------.---- This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. D. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. E. GoverIÙng LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of CaliforIÙa. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City ofChula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] Page B ~~y -----,.,-.---.---.-,,-,.-..- - -.-.--.... --_._._,.._,--------~-----_._._-_._. ___ ______..___. ___u____.___ ___ _. _, __"_.___. '___. __ ,'._.___,_, Signature Page to Agreement between City of Chula Vista and Southwestern Community College for Used Oil Recycling Education Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its tenns: Dated: ,19_ City of Chula Vista by: Tim Nader, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: Bruce M. Boogaard, City Attorney Dated: Southwestern Community College, Small Business Development and International Trade Center By: Mary Wylie, Dean Economic Development and Customized Training Page 9 8"'..lf' /8 -).8 ___.m______ __~_._ _ _ _..._..._ __ _ _ __~.___._._._.___________.~_._.___....______ ._._._ . . ___.______.._...___....._______._._._._...____ ., TeOFCAlFOANiA Ur ~"'m"m'@ I:!\H Uj! I A-l 3TANDAR CONTRACT NUMBER i AM. NO. _1JIiF~ ,."""'''''' < @ UBG2·93-43O-37 ~). ZÆV.$o01) I [; 13" '¡<.. :J wtI.I.. TAX'ER'S ~EOERAl EMPtOYER ,OEHTlFfC,\TICH ~1,j~E;:¡ . ~ -tr¡fr 94 -/~ "~I ~ - .., . - 1,'- ":S AGREe. T. made and <nt.red into this i _ day of .19__. I ~ ., '" J ' :he Slate of California. by and between ta'" omia, through iu duly elected or appointed. qualified and acting .¡OF~iI$ë''I!I~TE ~N'I!)rnia Integrated Waste Management Board . hereafter called the Stlte. :!!\d '"~ðM!huja Vista . hereafter called the COnll"3ctor. iTNESSETH: That the Concractor for and in consideraùon of lhe COVc.nants, conditions. agreements. and stipulations of the State hereinafter expressed, ~s heRby agree to furnish to the State services and materials as follows: (Set forrlt service 10 be r'1'kÚred by C¡Jnlraclor, amolU'll to be paid COfllror::or, ."" far fUifonNJRC. Dr completion, aNI anach pløns and speci{lCatio>lS. if any.) °roj«t Number. U8G2-93-43O-37 Contractor agrees to undertake and complete all necessary tasks to implement a local used oil collection program as authorized oy Public Resources Code §48691 and as described in the grantee's Second Cycle Used Oil Recycling Block Grant application. :he State will withhold payment equal to 10"1. of each invoice until completion of all work and other reqUIrements to the >alisiaction of the State in accordance with this contract. The term of the agreement will be 12 months, commencing~, 1(j§;/ terminating on June 30,1995. :JW'<L ~O . 6. . (ji!§ ~NT1NUEO ON SHEETS, EACH BE~ NAME OF CONTRACTOR AND CONTRACT NUMBER. ïñe provisions on the reverse side hereof çons¡iaue a put of this agreemenL :. WI1NESS WHEREOF. this agreement has bcca executed by ,he parties h",cto. upon lbe date fin' above written. STATE OF CALIFORNIA CONTRACTOR ;¡-cIlifornia Integrated Waste Management Board c~roF~fl6't,. ·~fa'f'IdNldlJ'i. ;,.,..",..,,..,.. C:C1'OOl"'1CfI .M"~'''oO, .re,! - ;P./ C> ( ]ZE~; 81G~~TURe,~L. - .>. . ~~o 'U.M~O¡: :fiRSON S ?ql~ NAME AND TITlE 0,: PERSON SIGNINQ , ~ Jlph . Candler :;Y".. ~,. \J ,) ::'" å ,¡ " '"1 ,'141; .v"...· ":'.~ ~xecutive Director AOORESS '.....; /;' ,; ),,);¡ 'I¡ ~-/.. J. ·V//., 'i I )t:,.. ...:)/.7/t.) Oil I " ~. " '_ '.:I . oJ. I . ICL.~~r ENCUM8EFlED IV ~JS I PCIOQAA,M¡CATEGQRY (CODe AND ~~n.s.J CÂu~s'i!-aEod Recycling und O.p.rtm.nt of a.nIT.1 S.rvicu :C:iMelT S $101,550.00 I VI. Only ! ¡OPTIONAL USE) ..o.::f .ulQUNT e'-C 1U8EPéD FOR ,IS COII11UCT ) 1~lo-602-100 ~~R i S"mf ;F~1~ TA,- AIIOUNT ENCUMIERED TO °1¡"~~FE"'DTI1\.E) '~101 ,550.00 '0N0y cerrify upon my OM! persQIIJI/ knowledge _ budgelfHlluná$ T B.A. NO. B.A. ,"«). . , _HaÞle frx IIIø pønod aná ptJrpD$8 01 the eltPØfláifUrø .lalfHl aOOve. I ~:.4n.-.e 01= NGOFF ER DATE ~ ;)..9-7' -:~ o DEPT. 01' GEN. SER. D CONTROlLER D íf"".}. ? ....J -- --'..----------.,-- --"-.-'" __u --- ....... -- _._...__._.~_._--_._- --_...."."--~~ J STANDARD AGREEMENT . aTD. 2 ,AEV. 5·81) (RF.VEAse» 1/,. , 1. The Contractor lI~rees to indcm nify, cJ~fencJ ,mil sa"e harm less I he Slale, it.~ Oml·."S, :1I:eots and emplo)'ees from an)' and nil rlaims and losses accruin~ or resulting to 'In,)' nnd alll'ontrnc:tors. .'iubt'untraclors. materialmen, laborers and any other person, firm or corporation rurnishin~ (If :'IupplyioJ,: wurk st!rvifl:~s, materials ()f supplies in ('noo",·tinn" ¡Ih till' pel'formllol'e of this \'nntr:Il'I, and from an)' and ,III chlims and losses accruin¡¡ or resultin¡¡ tn any Jwrson, lirm or corporation who may he ¡nlured or dama¡¡ed by the Contractor in the performance of this contract. 2. The Contractor, and the lI¡¡ent~ lIod empln)'ees of Contrllctor. in the performance of the a¡¡reement. ,shall act in an independen! capacily and nOllls oiTicers or employees or ageots of State of California. ..1. rh~ Stutc may terminatt· this 'H,:rl'l'ml'nl.1 nil he nlicH,'f of I he p:l.\ mt'nt of any cun.;icleratinn 10 Contrat'(nr .¡hould CnntfH(.'tor rnil to p,..rfurm 111l' rm ,'nants hl'rein l'on'uuH'd ,It the time and in tl1(' "'anou 11t~l'('in pro\,'jdto. In the ~\'cnt orsU(:h termination the Slule ,"a~ pron'l'rt \\jlh Ihe wurk in any mannt.r clt'l'n1l'd prnpt'r by the Stull'. The enst to Iht' Slalt' ,hall he d~dU(:II'd from anv ...um due tht' Contraclor undt'r thi~ ~Jgl·ecm....n(. and tlit! l>al.tn(~. if any, ,h;,¡1I he p,dd 1hc L'oluractllr upon dl'mand. 4. Without the written consent of the State, this :¡~reement is not assi¡¡nuIJle hy Contractor either in whole : or in part. S. Time is of the essence in this agreement. 6. ~o alteration or variutioo of th. terms of this contract shull be 'alid unless made in writin~ and si¡¡ned by the parties hereto. and no oruJ 'lOderstanding or ugreement not incorporated herein, shall be bindin~ on any of the Pllrties hereto. 7. The considerution to be paid Contractor, as provided herein, shall be in \'ompensution for all of Contractor's e,.penses incurred in ¡he pl'rrormunce hereof, including trav.1 and per diem, unless utherwise expressly so provided. . ., '10'. ~,.,:¿ r ___ .___..,._ _...,,"_...ou...._ _.___~______~__._______..__,__.... --~..--_.._--- ---..-. -----~~---- ----- -~ , EXHIBIT A-2 . , ~,. .2. i ~---~-~. -- _.~-- ---- -~.- -.--- -- ------ --- ---~-- - --- ---- --- , , CALIFORNIA USED OIL RECYCLING BLOCK GRANT PROGRAM , Administrative Procedures and Requirements INTRODUCTION These Administrative Procedures and Requirements fOf the California Used 011 Recycling Block Grant Program (Block Grant) set forth the policies and procedures for administering the Block Grant award made through the C;;Ilifomia Integrated Waste Management Board's (CII/IIMB) Used Oil Grant Program. This document, which is incorporated by reference into the grant agreement, describes the administrative reporting requirements, instructions for obtaining payment of the grant, and fiscal control procedures to be followed in implementing CII/IIMB funded used oil grant programs. Direct any questions regarding this document or the grant agreement to Darlene Falconer at (916) 255-2657 or Patricia McDermott at 9916) 255-2586. REQUIRED REPORTS A. QUARTERLY PROGRESS REPORTS TIle Grantee must submit quarterly reports to the Project Manager based upon the following schedule: REPORT PERIOD REPORT DUE DATE July 1-September 30 October 31 October 1-December 31 January 31 January 1-March 31 April 30 April1-June 30 July,31 The Grantee must submit quarterly progress repOrts until the grant project is completed. Grantees should use a format similar to the sample found in Attachment A of this document. Each Quarterly Progress Report shall include the following information: 1. Address each task in the "War\< Statemenf' as set forth in the contract giving a detailed description of wor\< that has been completed. This description should also discuss any problems encountered or proposed changes to the project. Indicate wtiat products or results have been achieved. 2. A discussion of whether the work has been completed according to the "Program Timeline" as set forth in the Grantee's application. This discussion should explain departures from the original schedule. 3. A brief discussion of anticipated accomplishments in the upcoming quarter. B. FINAL REPORTS Receipt and approval of the Final Report by the Project Manager is mandatory for the Grantee to receive final payment of the grant award. This report is a wor\< product and as such a condition of the grant agreement. This report must be received bv the Prolect ManaGef bv Mav 30. 1995. so that final Davment can be made before the arant tenninates on June 30. 1995. The Final Report must be prepared in the format spe~ed below: 1. Table of Contents; 2. A summary of the objectives of the entire grant project and how these objectives were accomplished; 3. Any findings, conclusions, or Rlcommendations for follOW-Up or ongoing activities that might result from successful completion of the program; 8"- ;J P __._.__~_,__ ___._ ____~._______..___~._~_ ____.____..._ _·...__u.,._......__·_·__····.u, __.___~_.__ ~ _______~__ _.___ ..__"__~_" .. Administrative Procedures and Requirements Page 2 , 4. As a result of this grant project, indicate how many gallons of used oil were collected or how many citizens were reached, whichever is applicable; 5. A statement of future intent of the Grantee to maintain or further develop the program; 6. A Payment Request Form requesting final payment of any remaining grant funds as well as the ten percent (10%) retention, and required supporting documents (see Section B. Submittal of Payment Requests); and 7. A list of contractors and subcontractors funded in whole or in part by the Grantee. Include the name address, concise statement of work done, time period in which work was done, and cost of each. FAILURE TO COMPLY Failure to comply with the reporting requirements specified above may result in termination of this agreement or suspension of any or all outstanding Payment Requestss until such time as the Grantee has satisfactorily completed the reporting provisions. PUBLICITY AND ACKNOWLEDGEMENT A. The purpose of this grant is to ensure the widest possible collection of used oil. Therefore, public education or promotional materials must not advertise one privately operated used oil collection center to the exclusion of others. Such materials will attempt to promote all certified used oil collection centers within the Grantee's jurisdiction to the maximum extent possible. B. The Grantee shall submit to the Project Manager copies of draft public education or advertising materials. These materials are subiect to the review and aDDroval of the Proiect Manaaer Drior to Dublication or distribution. Grantee must also provide two (2) copies of all final public education, advertising or promotional materials to the Project Manager. I C. The Grantee agrees to acknowledge the Califomia Integrated Waste Management Board's support whenever projects funded by this agreement (in whole or in part) are publicized in any news media, brochures, promotional materials, or other types of print media. Vehicles or other large pieces of equipment purchased with grant funds must have a sign attached indicating it was purchased with CIWMB grant fut1ds and preferably using the "used oil drop" logo. Such signs will be available from the Board at no cost; or the Grantee, with their Project Manager's approval, may develop their own sign. GRANT PAYMENTS A. GENERAL REQUIREMENTS 1. The State shall reimburse the Grantee for performing only those services as specified In the Budget Summary at1d Block Grant application. Anv deviations from the use of funds SDecified in the aDDlication must be aDDroved bv the Proiect Manaaer before an eXDenditure for that item is made. 2. To receive payment, the Grat1tee must submit a Paymet1t Request Form and supporting documet1tation as described below in Section B "Submittal of Payment Requests." Payment Requests should be submitted not more frequet1t1y than once each quarter and be for a minimum of $1,000. Pavment to the Grantee shall t10rmallv be made it1 arrears. 3. Paymet1t will be made to the Grantee only. It will be the responsibility of the Grantee to pay all contractors at1d subcor1tractors for purchased goods at1d services. 4. The State shall withhold at1d retait1 ten (10%) Dercent of the Grant award ut1til all cot1ditions stiDulated in the aareemet1t have been satisfied. ~':J I .______._~__..,___~_.___._._M~_. ._ _____.__.__.._._ _.w_...__.__·,...·_··._.._._·._.·,_.,,_·. _'___'__ ., Administrative Procedures and Requirements Page 3 5. Grantees who have not fully met the Block Grant eligibility requirements described in Public Resources Code , §48691 ("conditional eligibility") may have up to 50% of their payment requests withheld depending upon the Project Manager's analysis of the Grantee's progress toward attaining eligibility requirements. 6. Requests for advance payment must be submitted in writing to the Project Manager and demonstrate the Grantee's need for advance payment and that a SDecific expenditure(s) will be incurred prior to or shortly after payment from the Board. Suggested documentation includes purchase orders, invoices, etc. The Project Manager may partially or fully deny advance payment requests. B. SUBMlTIAL OF PAYMENT REQUESTS 1. All payment requests must be submitted using a completed Payment Request Form (Attachment C) signed by the individual authorized in the resolution included in the grant application. 2. Payment Requests must include an itemization of all expenses by budget category as shown on the Grantee's Budget Summary Form (e.g., Personnel Expenses and fringe benefits, Total Construction Expenses, etc.). The Grantee should use a format similar to the sample itemization found in Attachment B of this document. 3. Payment requests must include copies of documents supporting the claimed expenses (i.e., receipts, invoices, canceled checks, time logs, sole source justifications, etc.). Supporting documents must contain sufficient information to establish purchases made or costs incurred are eligible for payment. At a minimum, the documèntation should include the name, amount, and date of purchase for the expense. Grantees must provide a time log for any staff time claimed by a contractor/consultant indicating the date, activity, hours spent, and cost per hour. For site visits the log should also include the location/business and person(s) contacted. 4. Personnel expenditures must be computed on actual time spent on grant-related activities. These expenditures should be broken out by the classification(s) of the employee(s), the hourly wage, fringe benefits rate, and number of hours worked on grant activities, for calculating total personnel expense for each employee. 5. Grantees must Drovlde three cODles of each Pavment ReQuest with an original signature on at least one copy and one copy of supporting documentation (invoices, receipts, cancelled checks, etc.) attached. C. MAIL PAYMENT REQUESTS TO: California Integrated Waste Management Board Grants Section I Used Oil Grant Program 8800 Cal Center Drive Sacramento, CA 95826 D. RELEASE OF FUNDS 1. The Project Manager will review and approve all payment requests before payment is made. The Grantee must meet the following conditions before the Project Manager will process any Payment Request during the grant term: a. The Grantee has submitted required Quarterly Reports and the Project Manager has deemed them to be satisfactory. b. The Project Manager has received copies of applicable contracts and/or subcontracts. c. The Grantee has received appropriate permits or permit waivers from governmental agencies and the Project Manager has received copies of all such documents. ?""':I .2. ----_._--~~_...- .._---~_._--_._------_._--,.. --_'';''-'''--~~''--''''"--'--'"-''~-'-'=_.._-'- .-. Administrative Procedures and Requirements Page 4 2. The State shall make payment to the Grantee as promptly as fiscal procedures permit. After all Board staff approvals have been obtained, Payment Requests will be forwarded to the State Controller's Office for issuance of pay warrants. Grantee's can typically expect payment within 45 calendar days from the date a Payment Request is approved by the Project Manager. 3. The Project Manager will release any funds withheld due to a Grantee's "conditional eligibility" with the first payment request processed after the Grantee has fully attained all eligibility requirements. 4. The Project Manager will release the ten (10%) percent retention upon receipt and approval of the final report and final payment request. GRANT CLOSEOUT A. The Project Manager will close out the grant when it is determined that all applicable administrative actions and all required work of the grant have been completed. B. The Grantee must submit a Final Report, a Payment Request and all outstanding documentation of expenses incurred that are required as a condition of the grant. Upon receipt of the Final Report, the Project Manager shall ensure that all work has been completed and that all unexpended funds are refunded to the State. If appropriate, a check from the Grantee made payable to the State will be due within 60 calendar days after the grant project is closed. Following the Project Manger's approval of the Final Report and Payment Request, the ten percent (10%) retention of the grant funds, as well as any other grant funds due and owing, will be released to the Grantee. The Final ReDort must be submitted at least 30 davs Drior to the termination of the arant. C. The Grantee's obligations under the Terms and Conditions shall be deemed discharged only upon acceptance of the final report by the Board. If requested, the Grantee shall make an oral presentation to the California Integrated Waste Management Board. I D. The Grantee must retain all financial and program records, supporting documents, statistical records and other records of projects funded by this program, The Califomia Integrated Waste Management Board must have access to all related records during progress of the project and for at least three (3) years after termination of the grant. AUDIT REQUIREMENTS This grant is subject to a desk or field audit. The Grantee is responsible for maintaining source documents substantiating the expenditures claimed and must make them available at the time of an audit. Records relating to the implemented program include: expenditure ledger, payroll register entries, time sheets, paid warrants, contracts, change orders, invoices, and cancelled checks. Records must be maintained for a period of three years from the date of final payment by the State. g-;. J:J ~__~______~_~__~.________.__..___ ..___.______.__,.._._~._.~ .._ _,_,_~_ _u,.__.__._..___......".__._ .....__..____ Administrative Procedures and Requirements Page 5 SAMPLE QUARTERLY PROGRESS REPORT ATTACHMENT A CITY OF EVERYTOWN CONTRACT NO. UBG2-93-123-45 QUARTERLY PROGRESS REPORT JULY - SEPTEMBER, 1994 TASK 1 PUBLIC EDUCATION & AWARENESS CAMPAIGN 1.1 Produce Brochure - First draft has been completed and a copy is enclosed for CIWMB Used Oil Staffs review. We plan to print the brochures during the next quarter. This task is on schedule with the program timeline. 1.2 Design stickers for collection containers - Stickers have been printed and we are awaiting the shipment of containers. This task is on schedule. 1.3 Purchase and distribute collection containers to public - An order for 2,000 used oil collection containers has been placed and should be received by October 10, 1994. Distribution will begin immediately at the City's used oil collection center and also at t~e Chief Auto Parts and Jiffy Lube certified collection centers. This task is on schedule. 1.4 Purchase display banners - Our program timeline indicated these banners would be purchased during July, however, the company we had planned to place the order with has suddenly gone out of business. We hope tD be able to find another company and place the order by November. TASK 2 ESTABLISH CERTIFIED USED OIL COLLECTION CENTERS 2.1 Identify and contact businesses - Staff established a list of 28 businesses as possible contacts (see attached list). Every business on the list has been contacted and an appDintment was made to meet with the owner/m¡mager if possible. Only three businesses were unwilling to meet with us, Jesse's Maxi- Lube, Acme Lube and Oil, and Sam's Service Station. During on-site meetings we gave each business the CIWM8 packet of information on certification and explainéd how we'd assist with collection costs and would like them to distribute the collection containers to the public. Since those meetings ABC Oil has agreed to bécome a certified center and submitted their application tD the CIWMB. We are still working with the other companies and hope to have twD or three more certified by the next quarterly report. This task is on schedule. S' <;If --."._-,._-~----_._-~_._.._._-- - .-----.---....---- -.-"'---.---- ""- .-..,.-,,-------- ._. - - - ..----....-- ,.u·________n_._ Administrative Procedures and Requirements Page 6 . City of Everytown July - September Quarterly Report Page 2 2.2 Assist firms to certify - Completed the forms for ABC Oil's certification application and submitted them to the CIWMB. Will continue to offer this assistance to ötherfirms willing to certify. As stated above we believe that we will have several others certified by the next quarterly report. This task is on schedule. TASK 3 PROVIDE INCENTIVES TO CERTIFIED COLLECTION CENTERS 3.1 Provide used oil collection - We have provided for used oil collection twice for the Chief Auto Parts and the Jiffy Lube fDr a total of four collections. We will be submitting the invoices for these collection with our first payment request. We will continue providing this service and extend it to other businesses as they become certified collection centers. This task is on schedule. 3.1 Contaminated load reimbursement - No contaminated loads have been reported. TASK 4 CONSTRUCT CITY USED OIL CC¡>LLECTION CENTER 4.1 Pave collection area, fence, construct containment berm 4.2 Purchase and install 250 gal. used oil collection tank No activity has taken place on this task. We anticipate work on these tasks to begin in August 1995 as described in our program timeline. Please note that this sample is only to provide a recommended format for the quarterly reports and demonstrate the type of information that is required. It may be appropriate for grantees to provide more information on each task than what has been shown here due to space constraints. 8"" J> --------~----_._.._------~--~-~...,----_._--~-_._---_. -- - ----- -- ~~-- - -- - -------.. Administrative Procedures and Requirements Page 7 SAMPLE PAYMENT REQUEST ITEMIZATION ATTACHMENT B USED OIL RECYCLING BLOCK GRANT PROGRAM PAYMENT REQUEST ITEMIZATION September is, 1994 CITY OF EVERYTOWN UBG2-93-200-19 DESCRIPTION CIWMB REIMBURSEMENT PERSONNEL SERVICES · Administrative Analyst ($15Ihour & 30% benefit rate) 50 hDUrs $975 · Office Assistant ($10Ihour) 20 hours $200 Total Personnel Services $1,175 TOTAL USED OIL TRANSPORTATIONIDISPOSA1- EXPENSES · Used oil hauling costs for city-operated certified center 3 pickups of used oil at $75 a pickup $225 TOTAL EQUIPMENT PURCHASE/RENTALS · 500 gallon used oil collection tank $1,245 TOTAL PUBLIC EDUCATION/AWARENESS · Used Oil fact sheet printing costs 5,000 @ .64 ea. $3,200 Ii postage 5,000 @ .16 ea. 800 $4,000 TOTAL COSTS $6,645 PLEASE NOTE: Round all numbers to nearest dollar and be sure Payment Request is for 8 minimum of $1,000. ?'- J ¡. ~----_._-_.."_._.~-~_._- - ----_.,-_._--,----_.._--._._~---_._- .,_.' -- .--"-----.-----,----.--..----.. Slate of California California Integrated Waste Management Board < ATTACHMENT C USED OIL RECYCLING BLOCK GRANT Payment Request Form i 1. Applicant 12. COntract Number . ~ UOBG . . 3. PAYMENT INFORMATION a. Type of Payment (check box): [] REIMBURSEMENT [] AOVANCE 0 FINAL b. Total Grant Amount S . c. Less 10% Retention (paid upon completion of contract) S d. Grant Funds Available After 10% Retention (b. minus CJ S e. Funds Received to Date S f. Available Funds (d. minus eJ S g. Amount of This Request S h. Remaining Funds After This Payment If. minus gJ S THIS SECTION TO BE COMPLETED BY CIWMB STAFF ;:'¡j:'I:"T¡I:ltiI6i¡I~~¡ij;~¡¡I~.I¡¡I!¡ª'¡;I~¡ij!~¡Iß;g~ll;ll !i);ll¡¡.I~¡¡fÇitiª.~!'~¡m¡~¡¡lílil\...¡: ¡;¡'¡¡)~¡!:¡¡;l::¡¡; ¡ti@¡¡;II,IliþJI;¡.pÎ_,¡¡.¡¡¡:¡¡lI :¡\;','I¡.:'IŒ¡'¡ .;¡I;;'.:.::.> . ,. 4. SEND PAY WARRANT TO Agency Name: street Address: Clty/StateJZlp COde: Attention: ŒR71RCATION: I certHV ttJat the above Signature of person Authorized by Resolution: ItIformatlon Is conect IIIId ttJat all fUnds received 1I;we been 01' wnl be expenc/ed In act:OR1ance with the approved agreement Name & Title (type or prinQ: for californIa IntEgrated waste Date: Ila/laflfNflflrt Board grant fUndIng. lI'IIII'III¡¡'!~¡IIII¡ii1"\lllll"llfll't"II"IJ'II!¡'\I\\\1;I'I"1111¡ii'III';lIlllli\,1 IlIilll.i¡III!I(¡.111"í¡Ir~¡¡¡I¡~lliI1'''I\lllfilt¡¡¡tl!¡ltll~lI:l1ll:II:'II'jlll!llliliìlll SEE 'NSTRUcf~2E\IERSE ---~---~--_._- -- ...--.----------. --.- - - _.._-~_._,.- --",._,...._._~--"-_.- ------ ---~--- PAYMENT INSTRUCTIONS c, The following instructions are keyed to corresponding items on the Payment Request Form: 1. APPLICANT - Agency name as shown on the Standard Agreement. 2. CONTRACT NUMBER - The number assigned by the State as shown at the top of the Standard Agreement. 3. PAYMENT INFORMATION (a) Type of Payment - Mark "Reimbursemenf' if this is a regular quarterty payment request. Mark "Advance" only if an advance payment has been approved by the Program Manager. Mark "Final" when all tasks have been completed. Final payment of any remaining funds and the 10% retention will be made when the grantee's final report has been submitted and approved by the Program Manager. (b) Total Grant Amount - The amoun.t of State grant funds awarded to this project. (c) Less 10% Retention (paid upon completion of contract) - This amount is shown on the Budget Summary Form included with your contract and is deducted from the total grant award. These funds will be paid to the grantee upon completion of the project, submittal of the final report. and approval of the final report by the Program Manager. (d) Grant Funds Available After 10% Retention - b. minus c. (e) Funds Received to Date - Total amount already received for this project. (f) Available Funds - d. minus e. (g) Amount of This Request - Amount that is being requested. I (h) Remaining Funds After This Payment - f. minus g. The following items (i through k) will be completed by CIWMB Program Staff and a copy of the Payment Request with this section completed will be mailed to the grantee: (i) less _% for Conditional Eligibility Retention (paid when eligibility is met) - Grantees receiving grants under "conditional eligibility" may have up to 50% of their payment Tequest withheld until eligibility is attained. 0) Payment of Conditional Eligibility Retention - When eligibility is attained these funds will be released to grantee upon receipt of the next quarterly Payment Request. (k) Amount Authorized for Payment - Amount approved by the Program Manager for payment to the grantee for this Payment Request. 4. SEND PAY WARRANT TO - The pay warrant will be made payable to the "agency name" provided. Please note that the first line must be the locallurlsdlctlòn's name used on the Standard Aareement, subsequent lines may indicate department, division, etc. Provide mailing address as indicated on remaining lines. Certification _ This section is to be signed by the person authorized in the Resolution Included with the grant application. Please also type or print this person's name and title and include the date of signature. PLEASE MAil THIS PAYMENT REQUeST FORM AND SUPPORTING DOCUMENTATION TO: California Integrated Waste Management Board Grants Section - Used Oil Grants Program 8800 Cal Center Drive Sacramento, CA 95826 Y,;J r - -_~ -_~__ _~__~_ - ________ - ~ _______ __ ___ __.__"'.._"._.'''_..________ u._......_ "J.'J ".1', _ )"c.', .5'~' ;:.. Terms and Conditions Puroose. The purpose of this agreement is to establish the terms and conditions of the California Used Oil Recycling Block Grant - Second Cycle. Definitions. In interpreting this agreement, the foliowing terms will have the meanings given to them below, unless the context clearly indicates otherwise. A. "Board" will mean the California Integrated Waste Management Board. B. "Executive Directo~' will mean the Executive Diractor of the California Integrated Waste Management Board, or his/her designee. .- C. "State" will mean the State of California, Including but not limited to, the California Integrated Waste Management Board and/or its designated officer. D. "Grantee" will mean the recipient of funds pursuant to this Agreement. E. "Program Manage~' will mean the Board staff person responsible for monitoring the grant. Audit. The Grantee agrees that the Board, the State Controlie~s Office and the State Auditor General's Office, or their designated representatives, will have an absolute right of access to ali of the Grantee's records pertaining to the agreel'Tlent to conduct reviews and/or audits. Grantee's records pertaining to the agreement, or any part thereof requested, will be made available to the designated auditor(s) upon request for the . indicated raviews and/or audits. Such racords wili be røtained for at least three (3) years after expiration of the agreement, or until completion of the action and resolution of ali issues which may arise as a result of any litigation, claim, negotiation or audit, whichever is later. If an audit reveals the State funds are not being expended, or have not been expended in accordance with the agreement, the Grantee may be required to forfeit the unexpended portion of the funds and/or repay the State for any improperly expended monies. Drua-Free Workplace Certification. The Grantee, by signing this agreement, certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The Grantee will: A. Publish a statement notifying employees that unlawful manufacture,' distribution, dispensation, possession, or use of a controllød substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). B. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following: (a) the dangers of drug abuse in the workplace, (b) the Grantee's policy of maintaining a drug-free workplace, (c) any available counseling, rehabilitation and employee assistance programs, and (d) penalties that may be imposed upon employees for drug abuse violations. C. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed grant: (a) will receive a copy of the company's drug-free policy statement, and (b) will agree to abide bytha terms of the. company's statement as a condition of employment on the grant. The person signing this grant on behalf of the Grantee swears that he/she is authorized to legaliy bind the Grantee to this certification and makes this certification under penalty of perjury under the laws of the State of California. 1 ~, 37 --_.__.._....._-_.._.__._~--_..- --------~- -------.------- ------~~ Statement of Comoliance. The Grantee's signature affixed hereon will constitute a certification under penalty of perjury under the laws of the State of Califomia that the Grantee has, unless exempted, complied with the nondiscrimination program requirements of Govemment Code Section 12990 and Title 2, California Code of Regulations, Section B 1 03. Availabilitv of Funds. The State's obligations under this agreement are contingent upon and subject to the availability of funds appropriated for this grant. Pavment. The Budget states the maximum amount of allowable costs for each of the tasks identified in the Work Statement. The State will reimburse the Grantee for performing only those services specified in the Work Statement and presented on the payment request. In the event the Grantee's projection of costs indicates a need to .revise the Budget, the Grantee will notify the State within ten (10) working days of the discovery of need for revision. Entire Aareement. This agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with the Attachments hereto, contains the entire agreement of the parties. Communications. All official communication from the Grantee ta the State will be directed to: Program Manager Califomia Integrated Waste Management Board Grants Section / Used Oil Grants Program 8800 Cal Center Drive Sacramento, CA 95826 All formal notices required by this agreement will be given In writing and sent by prepaid mail, by personal delivery, or by FAX followed by an original. Confidentiality/Public Records. The Grantee and the State understand that each party may come Into possession of information and/or data which may be deemed confidential Or proprietary by the person or organl2iation furnishing the information or data. Such information or data may be subject to disclosure under the Califomia Public Records Act, commencing with Govemment Code Section 6250. The State agrees not to disclose such Information or data furnished by the Grantee and to maintain such information or data as confidential when so designated by the Grantee in writing at the time it is furnished to the State, only to the extent that such information or data is exempt from disclosure under the Califomia. Public Records Act. Publicity and Acknowledoement. The Grantee agrees that it will acknowledge the Board's support whenever projects funded, in whole or in part, by this agreement are publici2ied in any news media, brochures, or other type of promotional material. All equipment purchased under this grant shall bear a sign with language to the effect that the equipment was purchased with funds from the California Integrated Waste Management Board. The purpose of this grant is to ensure the widest possible collection of used oil. Therefore, public education or promotional materials must not advertise one privately operated used oil collection center to the exclusion of others. Such materials will attempt to promote all certified used oil collection centers within the Grantee's jurisdiction to the maximum extent feasible. Successors and Assians. The provisions of the agreement will be binding upon and inure to the benefit of the Stale and the Grantee and their respective successors and assigns. Discretionarv Termination or Assianment of Aareement. The State will have the right to terminate this agreement at its sole discretion at any time upon 30 days' written notice to the Grantee. In the case of early termination, a final payment will be made to the Grantee upon receipt of a financial report and invoices covering costs incurred to termination, and a written report describing all work performed by the Grantee to date of termination. 2 ~'IP ~----^._._. ---------.-...- ---.--.-.- _.__...,--_.._---~-- ---.. _.- - ....."-_._----_.._-~ ---- - -. StOD Work Notice. Immediately, upon receipt of a written notice to stop work, the Grantee will cease all work under the agraement. Discu1es. If for any reason the Grantee and the Executive Director cannot reach mutual agreement, the Grantee may refer the dispute to the Board for final resolution. Remedies. Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not in limitation of, other rights and remedies under the agreement, at law or in equity. and exercise of one right or remedy will not be deemed a waiver of any other right"or remedy. Severabilitv. If ·any provisions of this agreement are found to be unlawful or unenforceable. such provisions will be voided and severed from this agreement without affecting any other provision of the agreement. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived. to the end that the agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms. Force Maieure. Neither the State nor the Grantee. including the Grantee's contractor(s). if any. will be responsible hereunder for any delay, default or nonperformance of this agreement, to the extent that such delay, default or nonperformance is caused by an act of God, weather, accident, labor strike. fire. explosion. riot, war, rebellion, sabotage, or flood, or any other cause beyond the reasonable control of such party. Controllino Law. All questions conceming the validity and operation of the agreement and the performance of the obligations imposed upon the parties hereunder will come within the jurisdiction of and be governed by the laws of the State of California. Eauicment and Succlies. Subject to the obligations and conditions set forth in this section, title to equipment and supplies acquired under a grant will vest upon acquisition in the Grantee. provided that the Grantee uses the equipment and supplies for the purposes of used oil collection for a period of at least four (4) years from the effective date of this grant agreement. If the Grantee does not use the equipment or supplies for the purpose of used oil collection, the Board reserves the right to have the equipment or supplies returned to the Board. Comoliance. The Grantee shall comply fully with all applicable federal. state and local laws, ordinances, regulations and permits. The Grantee shall secure any new pèrmits required by authorities having jurisdiction over the project, and shall maintain all presently required permits. The Grantee shall ensure that the requirements of the California Environmental Quality Act are. met for any permits or other entitlements required to carty out the terms of this agreement. Hold Harmless. A. Grantee agrees to waive all claims and recourse against the State including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this agreement. B. Grantee agrees to indemnify. hold harmless' and defend State, its officers, agents and employees against any and all çlaims demands, damages, costs, expenses or liability costs arising out of the activities undertaken pursuant to this grant agreement. .' 3 ~'ÝI ,---~--_.~--_..-. -----~- -~_._~---- ------ ----- -~.._------ --- Nondiscrimination Clause (OCP - 2) 1. During the perfonnance of this grant, the Grantee, contr<lctor and its subcontractors will not deny the grant's benefits to <lny person on the b<lsis of religion, color, ethnic group identifiCéltion, sex, <lge, physiCélI or mentlll disability, nor will they discrimin<lte unl<lwfully <lg<linst any employee or <lpplicant· for employment beCéluse of race, religion, color, nation<ll origin, <lncestry, physiCélI h<lndiCélp, ment<ll diøbility, mediCélI condition, m<lrit<ll st<ltus, <lge or sex. Grantee will ensure th<lt the eV<llu<ltion <lnd treatment of employees and appliCélnts for employment <Ire free of such discrimin<ltion. 2. Gr<lntee will comply with the provisions of the F<lir Employment <lnd Housing Act (Govemment Code, Section 12900 ~.), the regulations promulgated thereunder (Califomia Administrative Code, Tnle 2, Section 7285.0 J!1.Yg.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Govemment Code (Govemment Code, Sections 11135 - 11139.5) and the regulations or stllndards adopted by the awarding Stllte agency to implement such article. 3. Grantee and any subcontractors will give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 4. Grantee will include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the grant. . 4 r,,¿j ,,2 ---.-..-.. ------,.__.~. .._----"._.__.,._._~._- - -- ------ - --~._- ------ -...,-....-.-...-- .' ---. --------..-.-,.,.--...--..--... ~ California Used Oil Recycling Block Grants Local Used Oil Collection Program Report BACKGROUND: Local Used Oil Disposal Problems: The Cities of Chula Vista, Imperial Beach and National City (Region) comprise most of the enclosed portion of South San Diego Bay. The Region has an estimated 1,500 businesses that sell and/or generate motor oil. A significant part of the Region's total households own more than one vehicle. Many households also own recreational vehicles, boats and other motorized items that generate used oil. The Region has less than a dozen facilities that accept used motor oil from the public. The improper disposal of used oil in storm drains has a particularly devastating effect on the Region. Most of the storm drains for city and county streets from downtown San Diego to the border drain into San Diego Bay and are captured in the enclosed South Bay. Approximately one million residents potentially utilize their gutters and storm drains as the only convenient means of used oil disposal. Between Chollas Creek and the Tijuana River there are at least four additional rivers and creeks that support hundreds of acres of National Wildlife Refuge and wetlands. The wetlands and bay wildlife depend on the waterways and are threatened by the used oil and other hazardous wastes they can transport. Jurisdictions' Population: The City of Chula Vista is the second most populated city in San Diego County with approximately 150,000 residents. National City has approximately 50,000 residents and Imperial Beach approximately 25,000 residents. The greater South Bay area serves as home, work and retail center to more than 1,000,000 people from the United States and Tijuana, Mexico (map, page 18). Existing Used Oil Collection Opportunities: There are only two businesses in the Region that have completed the certification process, neither of which promote their used oil collection programs. There are approximately ten additional non-certified centers in the Region that are known to accept motor oil from the public. These centers are not well publicized and tend to be located in dense commercial areas that are not convenient for many generators. County-Wide Household Hazardous Waste Element (HHW): The Region has paid an additional per ton tipping fee to San Diego County for the HHW Round Up Program for the past several years. HHW Round Ups accept used oil. The County typically schedules annual roundups in National City and Imperial Beach. The County does not schedule roundups in Chula Vista, but expects Chula Vista residents to take their motor oil and other HHW to the County's HHW subcontractor which is located in a remote part of the City. The County's records indicate that the contractor receives less than 2% of Chula Vista's total HHW waste stream of which only a part is used motor oil. ~.y3 _ ·.·m.__._.'.__'.__.'.._"~__M_'·' -..-.... .--......---.-...-..- ",.'.- ---. . ...._.--.-. -. - - - ------'.. - -----.--.'._-- ---. '-.------. EXHIBIT A PROGRAM DESCRIPTION AND GOALS: Grant Component I, Elementary School Student Public Education Program: Watershed protection is a key concern of drought plagued Southern California and the Region in particular. Our limited water shed is vital to the quality of life for human residents and a key link in the habitat of thousands of indigenous and migrating species. The improper disposal of used motor oil is the largest contributor, by volume, to the contamination and destruction of those resources. A number of excellent curriculum, fact sheets, exercises and lesson plans that teach these concepts have been created by the California Integrated Waste Management Board (CIWMB), the California Environmental Protection Agency, the California Department of Health Services and the Regional Water Quality Control Board. Too often the excellent materials created and distributed by these agencies and others sit idly on shelves collecting dust. Many, if not most school districts lack the funding, the personnel and/or the expertise to use the materials. The goal of this component is to empower children with the knowledge and desire to be advocates for used oil recycling and establish a buy recycled mentality in their homes. To achieve that goal this component focuses on a cooperative effort that maximizes the use of limited funds and the use of existing materials. This component creates a partnership that combines the funding, mission and environmental expertise of local jurisdiction's with the local school districts teaching expertise and facilities. The Region will contract with local districts to fund at least one full time equivalent teacher to implement a district(s) wide program. The Program Manager will work with federal, state and local agencies to establish an anthology of instructional materials regarding oil disposal, recycling, buying recycled oil and oil's relationship to watershed protection. The Program Manager will make the materials available to the selected teachers and provide ongoing technical assistance and orientation. The teacher(s) will focus on student research and perfonnance art activities that allow students to express what they have learned about the impacts of improper disposal of used oil. Students will also learn and teach each other about where and how to recycle used oil locally as well as the importance of buying recycled. Region members have met with teachers, district administrators and the local private waste collectors regarding a program format. This format was selected by school representatives as having the best opportunity for establishing and maintaining awareness among students. The City and the District may choose to utilize a curriculum specialist to assist in implementing the program. Attached is a letter from the Assistant Superintendent of School for the Chula Vista School District (CVSD). CVSD serves all of Chula Vista and a significant portion of the surrounding communities. The Region serves approximately 28,000 elementary students in 52 schools. Permanent part-time and substitute teachers in Chula Vista, Imperial Beach and National City are all hired from the same pool of certified teachers. ?"'¥'/ _._----,--~--~ '-.-'.'-_...- ----_._-~-_._-- .-.....--..-...- ---. ._ ____,__·______··___.M ------ --..----.--.--.-,---,- ---- EXHIBIT A Grant Component II, Commercial Sector Public Education, Generator Specific Workshops Chula Vista, Imperial Beach and National City (Region) have thousands of federal, state and local facilities, private corporate fleet service facilities, manufacturing plants, automobile repair/maintenance shops and retail stores that buy, sell and use motor oil. These agencies and their employees can playa major role in the education, collection, recycling and buy recycled components of the used oil recovery process. The goal of this component is to empower the key employees of these agencies with the expertise to be wise consumers of motor oil. The key employee(s) will vary based on the size and type of agency. In some cases it may be fleet service managers, purchasing agents, environmental managers and owners/managers or clerical staff. The Region will contract with the business and environmental sections of Southwestern Community College to implement a series of at least three and not more than six workshops. Each workshop will target a specific commercial sector and promote the establishment of a certified center, the recycling of used motor oil, the procurement and use of recycled oil and the retail sale of recycled oil. An example of a specific commercial sector is retail automobile service businesses. The Region and Southwestern Community College will: Utilize business licensing, State and County permitting and standard industry code listings to identify potential participants, Inform key employees of the significant incentives offered through the Region's Opportunity Grant Program, (free media advertising, community recognition, free recycling containers and container service, customer prizes, oil recycling phone line referrals and information, increased customer traffic, and CIWMB incentives, Survey key employees area of interest and promote the workshop date, Conduct a workshop that responds to the employees area of interest and empowers them to obtain certified center status, disseminate oil recycling information to employees, implement a used oil procurement policy and/or a used oil retail sales policy. Participants in the workshop that certify as a CIWMB used oil recycling center will receive the technical assistance to establish and maintain a certified center. This year's Opportunity Grant will allow the Region to provide businesses with technical assistance from the first stages of completing a certification application to the ongoing replacement of used oil recycling containers and incentive fee reimbursement requests (Opportunity Grant program description; page 21-26). Non-recycling retailers and large employers will be encouraged to participate in the Opportunity Grant's point of purchase program to provide their respective customers and employees with a list of certified used oil recycling center locations and an oil recycling hotline. The workshops will also lead to an annual used oil recognition and awards program that reinforces corporate support for: quality of service, volume of oil recycled, participation levels and creative program promotion. The awards will recognize the establishment of used oil recycling opportunities and its positive impact on watershed and wildlife habitat protection. 8'''''1;- ___u_._.~_......_____.~_~.._._______~___.._~._._~_~._.'_'0 __',._,__"_.'.._"'___'. ,_,._._~~_~._"._.._. _._. _ c --. ..... oc ì -..I, a- VI .þ. (~'\ N (:: ~ ~ ~ ...J ....._. ....... _-' '--"'" '¡If:" > "0 CI) CI) CI) "1:1 CI) 0 t'r1 (")rrI 'g. n (") ("") "'" ~ CI) 0 Vi~ n' ::1' ::r::r 0 ñ a. s -6:' = 2. 2.. 2..::. ~ ~ r:::r c2 ~ a- c c: c: c.... _. __. _ _ _ ("I) CI) CI) ,It CI) ('D t"Þ ("þ _ ::s C ::r =- .. þ)" n Q.:sæ _. _. "0 ::> "0 n 0:::. ::> ::> ... o...,:::r' -.""'''''' o O::S.., ('þ ('þ C"Þ a -. a ñ' ñï ~ ";1 "';' õ 3 0 .. ::> 3 .. .. ..... ~ - - - ~ ~ C'D - (þ ~ ~ ~ ('þ ('þ .. 3 .. '" ~ " ~ ~ ::I n ::s ~. I» :!. '< '< Co ::1 c.. ~ g. e:. n n -. ..... -. ~ ("'þ CI) 0 0 t:1 :3 ~ 53 ~ ;:!.. ~ a a ~ "E.. ::r ~ ('þ CI) ""I .., ..,., ~ ° ("þ -- þ) ~-. 3 3 Õ '" n n'S. o ë - --. g - g CI) 0. ~ ~ § _ ::r.. _ 0 ("I) _. _. 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CI) "1:1 t:; CI) CI) (") ;>:: t:; CI) t:; ::0 (") ::0 (") ñ .::e: .., -. 0 0 -. rtI -. 0 -. ("þ -. ('þ-' ,9 ~ c c::~ "0 ~ C ~ '"O~ "00.< > . "''of "'1 - - _ ..,.., -.., .., _ .., _ III "" _.::r::r ,,_.::r _. "...... "'A ~ _... n ...,..., ",n""n "'v ",W_' ,- =' - (6 r¡¡ roo - r¡¡ - (þ Vi' ('"0 0 ~ en .gO'Q ...., ~ (/ ::I V')r::... ::1- ::1= =¡; V') .., n (; ñ ::; (; r:.¡" S :!. S::r;; ::¡ ~ "'1'" :..., :. !l :. ~ a ::r :::S::l < ::s < <('"0_ rÞ n ('"0 V) ..:t ~ ~~ :.n ~ tn ~ti'~ - tn n (þ (þ .., = ~ ~ ~ :s \C 00.- \C a- Ow Ow \C \C OJ O::>"N 0 0 ::>0::>0 0 O,,""! o.OQ~o 0. c.. OQo.OQo. 0. 0..;;:;. ~ 0 þ) ~ 0 þ) 0 ~ þ) þ):. ;;;¡; "<..... "< "< -. "< -. "< '< '<'" ~ V')JS tn en JðV')~V) V') en a. ~rJft ~ __ ~_ _~.__._,._.M________·""__~______'_·~__·____··_ ___'__'_'_M__U'_'_ ''''_''_____ _ _ __ _~ - PROGRAM TIMELINE 1993/94 USED OIL RECYCLING BLOCK GRANT / SECOND CYCLE -.' Grant Applicant Ciey of Chula Visea: Date !'lay 19, 1994 South Bay San Diego Regional Used Oil Recycling Program T.... JUlY AVO SEIIT 0" I "0' OE~ ,.. I 'eo I "'. I ~'.~ I"" ! ¡·,.IN! N, ,,.. 0'''' .,... ..... ..... 'n· '~9! ''j9' '9'H . " ''i\' 'If"! , Ii 2 · s · ~ , . ~ - - - - - - . - - , · '0 " '2 " " . " ., " " It 10 " II II ,. 2' O~w. "ne for ..ch tl$k number through the monu" durIng wtllCh tnll Ict!VI'ty will occ\,t Tn~ number, 11'101.110 COIncide WI"'! 11I011 on the Wort< SlIltmenl Form. ~ - tentative workshop dates A .. tentative Used 011 Recycling Awards Preseneat ion Timeline is based on estimated approval date by State. Actual services to be based on - timeline beginning within 10 days of date contract is signed by the City. Tasks 1-8 correspond with tasks listed on scope of work, g'--J/7· -~_.^---_._.-._~--_.._."-- ~-~---------~--_._--- EXHIBIT B 1993/94 USED OIL RECYCLING BLOCK GRANT SECOND CYCLE Chula Vista Elementary School District Component Budget Applicant: South Bav S D. Re~ional Used Oil Recvclin~ Pro~ram Contact Name: Michael T. Meacham Date: Mav t9 1994 Phone Number: (619) 691-5122 STUDENT EDUCATION PROGRAM DETAlL TYPE OF EXPENSE CIWMB GRANT FUNDS TOTAL PERSONNEL EXPENSES (Fringe Benefits Retirement, Unemployment W /C & Medicare @ .l.l..!U %) 1$ 52,500.00 Medical, Dental & Life lnsurance at a fixed cost 5,800.00 3,700.00 Total $ 62,000.00 TOTAL USED OIL TRANSPORTATION/DISPOSAL EXPENSES $ .{)- .. TOTAL CONTRACTOR/CONSULTANT EXPENSES (except transportation/disposal costs) $ .{)- TOTAL CONSTRUCTION EXPENSES $ .{)- TOTAL EQUIPMENT PURCHASEIRENTALS $ .{)- TOTAL MATERIALS AND SUPPLIES $ .{)- TOTAL PUBLIC EDUCATION/AWARENESS '$ .{)- TOTAL OTHER COSTS (Mileage: approximately 3,500 @ $.29 per mile) $ 1,000.00 TOTAL BUDGET: $ 63,000.00 8"'19 --~-~--_.~_..,._.._._._-----~._.~_.__._- ~----- ---.._._-~----- ~--~-- EXHIBIT B 1993/94 USED OIL RECYCLING BLOCK GRANT / SECOND CYCLE SOUTHWESTERN COLLEGE WORKSHOP COMPONENT BUDGET Applicant: South Bav S D Re.ional Used Oil Recvclin. Pro.ram Contact Name: Michael T. Meacham Date: May 19. 1994 Phone Number: (619) 691-5122 WORKSHOP DETAIL TYPE OF EXPENSE CIWMB GRANT FUNDS TOTAL PERSONNEL EXPENSES $ -{)- (Fringe Benefits %) TOTAL USED OIL TRANSPORTATION/DISPOSAL EXPENSES $ -{)- TOTAL CONTRACTOR/CONSULTANT EXPENSES (except transportation/disposal costs) $ 10,000.00 TOTAL CONSTRUCTION EXPENSES $ -{)- TOTAL EQUIPMENT PURCHASE/RENTALS $ -{)- TOTAL MATERIALS AND SUPPLlES $ -{)- TOTAL PUBLlC EDUCATION/AWARENESS '$ -{)- TOTAL OTHER COSTS (Mileage: approximately 3,500 @ $.29 per mile) $ -{)- TOTAL BUDGET: $ 10,000.00 'j',5t/ ---_.__.._.,._..,-----_._--------"----~~--------_._--,_.__._------------~~-_. ì "'", '" ",OO",OJ) '" '" 00", ~ ., ~ >. >a >. .S: >. .5 >. >. .5 >. ~ e's co cu ~ 0 ~ 0 coe ~ 0 ~ - .-C""O "0 "OOJ)"OOJ) "0 "0 o~OJ}"O :I: ¡.... 0 0 0 c o·C 0 0 N co C 0 = a-. a-. "",0 "",0 \0 a-. --0O a-. 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"t:I U .c u ~ V, u .- ~... .- OJ V) - õ o OJ «I en QJ CI$ V, - ~ OJ - C co ..c c 'ü ... c.. ... ~ 0..:::] ~ - ~'::'.c ~.... OJ U OJ e .- c.. oë'"'" OCcn (U _cu _-= - t"a"'O ot:: ~ u 0 ~ u 0 co 8 g ,~..... ¡:j ,~" ~ ~ E ~... co ~ ClJu;> ClJu..o CIJ¡:; _0_ _0..... _'" _c.. o >. ~ ''2 E _ r~, "co C - E'" " O OJ) > E ~ 0 " ~ 8 § 6. § ~ u c.. .- O c·¡:; 0 it: .';:: ~ v;.c ~ CI.I C U -.- cn v; iU 00 '" "'... "'._ 0 r:I:) OJ....... - C c.. - u :: _ 0 .... 0 'S: OJ .c 0 ~ QJ.c.-..t:: - 0 v; V'J Õ "0 ~ 5 "ti ~ QJ ~ cO æ .. CIJ CIJ co ] 0 -0 ~ ¡...::: .::: - - ~ ~ co ... _ _ c = co 0.... .... OJ 0 ~.c ë g ~ ~ å CIJ" - " "i õ ü V) .9 e 8 5 .¡: E r: ... 'Vi' QJ -..c - :Ii ë ë .8 '¡:;" 2! å' ~ å' Q 0 0 V'J OJ t'a.- _ .- u U ~ ~ ~ ~ == ~ >. >- .- co .- C 10! C u u ~ ¢J ~ ~ ;:0 C'I:I == C _ L.... ~ .., iU .., iU iU ~ I;'"""" .... - .... OJ) OJ) E ë ~ õ å' õ Z ! ";;;.~ .~ e.- e .., QJ QJ ... C 0 _ 0 .... - .- 0 ..c """ ..., ... ë c 'ë.. u 0. == 0. .- .- 0. ~ QJ ... co .. .c .c =' c - iU iU QJ .~ QJ.~ (I ~ 4J:; "3 "3 - :õ~:õ """ ü :2"'0 ~ ~ ~ ~~ s -Ë ~ ~ ~! J:! :.:: ~u ~ 0 ~ ~ ~ ~ ~ 8: < --- ........ '-... ....--, ¡: 'I ~q N ("'" ~ '<t 11">.' -è' r-- ( 00 E r- '---.- ,".. '-- o ¡r'f! -"-~--~-_.__._._---~.,--_.- ---._-_._.....,--_..__.~-----~-_._------- ..."" '''''' , , - PROGRAM TIMELINE 1993/94 USED OIL RECYCLING BLOCK GRANT I SECOND CYCLE Grant Applicant City of Chu1a Vista: Date !-lay 19, 1994 South Bay San Diego Regional Used Oil Recycling Program T..~ JVlY Ave SE"T 0" I '0' O!'; ". I,,, T"" \ ~.:~~ \ "" \ J-JNf N. "" '... "" '... ".. '9~. '''r<)! "H' '99~ '''r''r' I ""r! · ~ ) , , · , 7 - - - - - - . ~ - - · r\ 0 '0 " 12 '3 " " 10 " " . ,. 20 2' ~~ 23 2' 21 Drew. 1m, for 'ach \IS. "umber throu;h the monthS dUfln; wtuch trllt IC1I"'/fy will occur TUII: numb'fS ShOula ÇOtnCldt with 11IO" on tho Wor1< SlalOmont Form. ~ . tentative workshop dates A'. tentative Used Oil Recycling Awards Present at ion Timeline is based on estimated approval date by State. Actual services to be based on '- timeline beginning within 10 days of date contract is signed by the City. Tasks 1-8 correspond with tasks listed on scope of work. ?r~ ~.------...'----.----"---.- .."-,.._-_._--,._.._---_._---~-- --_._--_.------_._._---,,~-~- ---- COUNCIL AGENDA STATEMENT Item q Meeting Date 1/10/95 ITEM TITLE: Resolution 1/ Î 8" ~rdering the Summary Vacations of: (1) a Portion of North Fifth Avenue north of 'c' Street (North Fifth Avenue Extension), and (2) Street Tree Easement Contingent to Said Portion, both of which lie within the Channelside Shopping Center Project; in accordance with Section 8335 of the Streets and Highways Code. SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager6t~:)1. (4/Sths Vote: Yes_No.x.) Dixieline Lumber Company, owner of property north of the northwest corner of North Fifth Avenue and 'C' Street, commonly known as 40 North Fifth Avenue or APN 562-324-04, has requested (I) vacation of that portion of North Fifth Avenue within said property, which was recently dedicated for street purposes, and (2) vacation of the Street Tree Easement, which was dedicated in conjunction with, and is continge~t upon, the existence of said portion of North Fifth Avenue. RECOMMENDATION: That the Council approve the Resolution ordering the summary vacations of the easements stated herein. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: Back!!round On August 25, 1992 an easement dedication for street purposes from Dixieline Lumber Company was recorded in anticipation of a future development. The dedicated right-of-way, commonly known as North Fifth Avenue Extension, extended North Fifth Avenue by having it traverse from its northerly limit, westerly, through Dixieline's property, to the property line between Dixieline's parcel and the neighboring parcel, owned by National Avenue Associates (see Exhibit "A"). Although the right-of-way was dedicated, North Fifth Avenue Extension has not been constructed; Its installation was contingent upon the development of the neighboring parcel. In 1992, the North- South portion of North Fifth Avenue was constructed from "C" Street to its existing northerly terminus, as a condition of the Greyhound Exposition Services (GES) ·development. The GES building is located at the northeast corner of North Fifth Avenue and "C" Street. Subsequently, Gatlin Development Company, in cooperation with Dixieline and National Avenue Associates, proposed the Channelside Shopping Center. The shopping center design utilizes the westerly extension of North Fifth Avenue as a parking lot. In order to develop the site as proposed, the portion of North Fifth Avenue Extension, which is within the development, must be vacated. The vacation request formally includes the street easement and the street tree easement. In accordance 9-1 - ~-_."._._-'^"'-_._._-_.. ------ -- ~-_..- .--......-. -_._._-----~-_.~.__._--_._._.-.,_.---.---~--_..._-_....-.----- Page 2, Item 'I Meeting Date 1110/95 with Section 8316 of the Streets and Highways Code, multiple abandonment of easements may occur under one vacation proceeding. No environmental action is necessary for the vacation of the subject easements. Both the City Council and the Redevelopment Agency, however, certified Final EIR 94-02 and Addendum 94-02A by Resolutions 17705 and 1430, respectively for the Channelside Shopping Center project. Other Issues The existing Spring Valley Outfall sewer trunk, which crosses the portion proposed to be vacated, will not be affected by the vacation. An existing easement for the sewer pipe was in place prior to dedication of the street. Consequently the easement will remain unless vacated by the Spring Valley Sanitation District. Council has, in previous vacation proceedings, considered compensation for vacated right-of-way. This issue was addressed on November 15, 1994, when the Redevelopment Agency approved Redevelopment Agency Resolution 1431. The Revised Channelside Shopping Center Conditions of Approval, entitled as Attachment 1 to said Resolution 1431, stated that, "the City of Chula Vista and it's Redevelopment Agency hereby agree to cooperate in good faith in causing the vacation and agree not to require 'compensation' for the 'North Fifth Avenue Extension' street vacation..." Procedure Council may summarily vacate the street easement portion of the North Fifth Avenue Extension in accordance with Section 8334(a) of the Street and Highways Code (SHe). That section states that an excess right-of-way of a street or highway, not required for street or highway purposes, may be summarily vacated by the legislative body of a local agency. Council may summarily vacate the street tree easement portion in accordance with Section 8333(b) of the SHC, which states that the legislative body of a local agency may summarily vacate a public service easement, having a date of dedication less than five years, but more than one year immediately preceding the proposed vacation request, which was not used continuously since said date. The easement has not been used, and it has been three years since the easement was granted. In accordance with Section 8335 of said Code, the resolution ordering the summary vacations shall state all of the following: 1. That the vacations are made under Chapter 4 of Part 3 of the Streets and Highways Code. 2. The name or other designation of the easements, and a precise description of the portions vacated (refer to Exhibit "A", attached). 3. The facts under which the summary vacations are made. 4. That from and after the date the resolution is recorded, the easements vacated no longer constitute easements. 9--2 ~"'---"~"-'--""--"'--"--'--"'_.."--- --------------..-- _...._.___ ....u _..__.__~ . ..__._.___.,____~._.___....____.__ Page 3, Item '1 Meeting Date 1/10/95 The following condition are imposed on the request for vacations, which shall be met prior to the recordation of the resolution ordering the summary vacation of said easements: 1. Dedication of street easements to create a symmetrical street section at the northerly limit of the relocated North Fifth Avenue from: (1) Dixieline (2) Greyhound Exposition Services (GES) in accordance with documents contained in Engineering Division files PF-22I and PF-222, respectively. 2. Execution of the Parcel Map Improvement Agreement between the City and Chula Vista Town Center Associates, L.P., a California limited partnership. FISCAL IMPACT: None. In accordance with, the Channelside Shopping Center Conditions of Approval-Attachment 1 to Redevelopment Agency Resolution 1431, revised and approved on November 15, 1994, it was agreed that the City of Chula Vista and its Redevelopment Agency would not require "compensation" for the vacated portion of North Fifth Avenue. attachments: Exhibit "A" - Legal DescriptiQ1J at Easements Proposed to be- Vacated Exhibit "B" - Plat of Easements Proposed to be Vacated Exhibit "C" . CJumnelside Shopping Center Condilions of Approval-Attochment 1 to Agency Resoluûon 1431, revised 11-15-94 File: PV -063 M: IHOMEIENGlNEER\AGENDA IPV-063 9r 3/9~1 - -- -_.~-- .·u._,.._."____·,....·_ "-......----..---.---- ,_.__._._~___.__..u____ RESOLUTION NO '. j '} 7l' ,)... RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF (1) A PORTION OF NORTH FIFTH AVENUE NORTH OF "c" STREET (NORTH FIFTH AVENUE EXTENSION), AND (2) STREET TREE EASEMENT CONTINGENT TO SAID PORTION, BOTH OF WHICH LIE WITHIN THE CHANNELS IDE SHOPPING CENTER PROJECT; IN ACCORDANCE WITH SECTION 8335 OF THE STREETS AND HIGHWAYS CODE WHEREAS, Dixieline Lumber, owner of property north of the northwest corner of North Fifth Avenue and IIC" Street, commonly known as 40 North Fifth Avenue or APN 562-324-04, has requested (1) vacation of that portion of North Fifth Avenue within said property, which as recently dedicated for street purposes, and (2) vacation of the Street Tree Easement, which was dedicated in conjunction with, and is contingent upon, the existence of said portion of North Fifth Avenue; and WHEREAS, in accordance with section 8333 (b) of the Streets and Highways Code, the legislative body of a local agency may summarily vacate a public service easement, having a date of dedication less than five years, but more than one year immediately preceding the proposed vacation request, which was not used continuously since that date; and WHEREAS, the easement has not been used, and it has been three years since the easement was granted; and WHEREAS, no environmental action is necessary for the vacation of the subject easements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, in accordance with Chapter 4 of Part 3 of the Streets and Highways Code, does hereby order the summary vacation of (1) a portion of North Fifth Avenue north of "c" Street (North Fifth Avenue Extension) and (2) Street Tree Easement contingent to said portion, both of which lie within the Channelside Shopping Center Project, more particularly described in Exhibit "AIf, attached hereto and incorporated herein as if set forth. BE IT FURTHER RESOLVED that the following conditions is imposed on the request for vacation, which shall be met prior to the recordation of the resolution order the summary vacation of said easements: 1 1-"'- ~-,-_........._._,._-_..- ..---.-..--- . _._,.'._ __n__ _ __ .__......_.._u_ ----.-.---"--_. -- .~~, 1. Dedication of street easements to create a symmetrical street section at the northerly limit of the relocated North Fifth Avenue from: (1) Dixieline and (2 ) Greyhound Exposition Services (GES) in accordance with documents contained in Engineering Division files PF-221 and PF-222, respectively. 2. Execution of the Parcel Map Improvement Agreement between the City and Chula vista Town Center Associates, L.P., a California limited partnership. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this resolution after the above conditions have been met, and from and after the date the resolution is recorded, the easement vacated no longer constitutes an easement. Presented by ved as form by À J John P. Lippitt, Director of Bruce M. Public Works Attorney C:\rs\vacate.su. 2 9--¿, ",----_... " .~._.- ..--.--- ----- "__.._..m_~__ , -~ PAGE 1 OF 3 EXHIBIT A LEGAL DESCRIPTION FOR VACATION OF STREET PARCEL A: ALL THOSE PORTIONS OF LOTS 5 AND 6 IN QUARTER SECTION 151 OF RANCHO DE LA NACION ACCORDING TO MAP THEREOF NO. 166 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, ALL OF LOT "C" AS DESCRIBED IN EXHIBIT 'A' OF EASEMENT FOR STREET PURPOSES RECORDED AUGUST 25, 1992 AS DOCUMENT NO. 1992-0538596 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. CONTAINS 0.81 ACRES MORE OR LESS. PARCEL B: ALL THAT PORTION OF LOT 61N QUARTER SECTION 151 OF RANCHO DE LA NACION ACCORDING TO MAP THEREOF NO. 166 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF LOT 11 IN THE ABOVE DESCRIBED QUARTER SECTION 151 AND THE WESTERLY LINE OF SAID LOT 11, SAID WESTERLY LINE ALSO BEING THE EASTERLY LINE OF THE ABOVE DESCRIBED LOT 6; THENCE ALONG THE WESTERLY PROLONGATION OF SAID NORTHERLY LINE OF THE SOUTHERLY 130.0 FEET OF LOT 11, SOUTH 71 °48'16" WEST 1.48 FEET TO INTERSECTION WITH THE NORTHEASTERLY LINE OF FIFTH AVENUE AS DESCRIBED IN LOT B OF A DEED TO THE CITY OF CHULA VISTA ENTITLED "EASEMENT FOR STREET TREE PURPOSES" RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 15, 1992 AS DOCUMENT NO. 1992-0583046, SAID NORTHEASTERLY LINE BEING A 70.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL TO SAID INTERSECTION BEARS NORTH 9°35'07" EAST, SAID INTERSECTION ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE BEFOREDESCRIBED WESTERLY PROLONGATION OF THE NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF LOT 11 SOUTH 71 °48'16" WEST 34.52 FEET TO INTERSECTION WITH A LINE THAT IS PARALLEL TO AND LIES 36.00 FEET WESTERLY OF THE EASTERLY LINE OF SAID LOT 6; THENCE ALONG SAID PARALLEL LINE NORTH 18°06'26" WEST 8.04 FEET TO INTERSECTION WITH THE ABOVEDESCRIBED NORTHEASTERLY LINE OF FIFTH AVENUE, SAID NORTHEASTERLY LINE BEING A 70.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL TO SAID INTERSECTION BEARS NORTH 19°44'18" WEST; THENCE EASTERLY ALONG SAID NORTHEASTERLY LINE OF FIFTH AVENUE ALONG THE ARC OF SAID 70.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 29°19'25" A DISTANCE OF 35.83 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.004 ACRES MORE OR LESS. FILE: PV-063 9-'1 ~_M._.." _ _______._...___.__m.____...__.__ _' ___ .__n'_··_____·__"~·,_·_·_ --.-.._.~._-_._-_._---_."._.,.---_.__.._.._. -- -,.-.-.--------------- - PAGE 2 OF 3 EXHIBIT A LEGAL DESCRIPTION FOR VACATION OF STREET PARCEL C: ALL THOSE PORTIONS OF LOTS 6 AND 7 IN QUARTER SECTION 151 OF RANCHO DE LA NACION ACCORDING TO MAP THEREOF NO. 166 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF LOT 11 IN THE ABOVE DESCRIBED QUARTER SECTION 151 AND THE WESTERLY LINE OF SAID LOT 11, SAID WESTERLY LINE ALSO BEING THE EASTERLY LINE OF THE ABOVE DESCRIBED LOT 6; THENCE ALONG THE WESTERLY PROLONGATION OF SAID NORTHERLY LINE OFTHE SOUTHERLY 130.0 FEET OF LOT 11, SOUTH 71 °48'16" WEST 1.48 FEET TO INTERSECTION WITH THE NORTHEASTERLY LINE OF FIFTH AVENUE AS DESCRIBED IN LOT B OF A DEED TO THE CITY OF CHULA VISTA ENTITLED 'EASEMENT FOR STREET TREE PURPOSES" RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 15, 1992 AS DOCUMENT NO. 1992-0583046, SAID NORTHEASTERLY LINE BEING A 70.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL TO SAID INTERSECTION BEARS NORTH 9°35'07" EAST; THENCE CONTINUING ALONG THE BEFOREDESCRIBED WESTERLY PROLONGATION OF THE NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF LOT 11 SOUTH 71 °48'16" WEST 34.52 FEET TO INTERSECTION WITH A LINE THAT IS PARALLEL TO AND LIES 36.00 FEET WESTERLY OF THE EASTERLY LINE OF SAID LOT 6; THENCE ALONG SAID PARALLEL LINE NORTH 18 °06'26" WEST 8.04 FEET TO INTERSECTION WITH THE ABOVEDESCRIBED NORTHEASTERLY LINE OF FIFTH AVENUE, SAID NORTHEASTERLY LINE BEING A 70.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL TO SAID INTERSECTION BEARS NORTH 19°44'18" WEST, SAID INTERSECTION ALSO BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING SAID PARALLEL LINE SOUTH 18 °06'26" EAST, 156.73 FEET TO INTERSECTION WITH THE WESTERLY LINE OF FIFTH AVENUE, SAID INTERSECTION BEING THE NORTHERLY TERMINUS OF THAT COURSE, DESCRIBED IN LOT A OF A DEED TO THE CITY OF CHULA VISTA ENTITLED "EASEMENT FOR STREET TREE PURPOSES" RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 15, 1992 AS DOCUMENT NO. 1992-0583046, AS BEING SOUTH 18°06'26" EAST, 419.72 FEET, SAID COURSE HEREINAFTER REFERRED TO AS COURSE A, SAID NORTHERLY TERMINUS ALSO BEING THE SOUTHERLY TERMINUS OF A 464.00 FOOT RADIUS CURVE, TANGENT TO SAID COURSE A, CONCAVE WESTERLY, ALSO DESCRIBED IN SAID DEED; THENCE NORTHERLY ALONG SAID WESTERLY LINE OF FIFTH AVENUE AND ALONG THE ARC OF SAID 464.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 6°54'42", A DISTANCE OF 55.97 FEET: THENCE CONTINUING ALONG SAID WESTERLY LINE OF FIFTH AVENUE IN A NON-TANGENT DIRECTION NORTH 64°42'18" WEST 0.86 FEET TO INTERSECTION WITH A LINE THAT IS PARALLEL TO AND LIES 40.00 FEET WESTERLY OF THE EASTERLY LINE OF SAID LOT 6; THENCE ALONG SAID PARALLEL LINE NORTH 18 °06'26" EAST 100.10 FEET TO INTERSECTION WITH THE NORTHEASTERLY LINE OF FIFTH AVENUE AS DESCRIBED IN LOT B OF THE BEFOREDESCRIBED DEED TO THE CITY OF CHULA VISTA ENTITLED "EASEMENT FOR STREET TREE PURPOSES"; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 68°35'54" EAST 1.97 FEET TO THE BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE OF FIFTH AVENUE ALONG THE ARC OF SAID 70.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 1°39'48" A DISTANCE OF 2.03 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.011 ACRES MORE OR LESS. FILE: PV-063 9-r -.'.---,-..---- .- --.......-. ___ _._.__.a --'-"'-",'--~--'-'---------"----~---~------ PAGE 3 OF 3 EXHIBIT A LEGAL DESCRIPTION FOR VACATION OF STREET TREE EASEMENT PARCEL D: ALL THOSE PORTIONS OF LOTS 6 AND 7 IN QUARTER SECTION 151 OF RANCHO DE lA NACION ACCORDING TO MAP THEREOF NO. 166 ON FilE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: All OF lOT' A' AS DESCRIBED IN EXHIBIT 'B' OF EASEMENT FOR STREET TREE PURPOSES RECORDED SEPTEMBER 15, 1992 AS DOCUMENT NO. 1992-0583046 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOllOWS: BEGINNING AT THE NORTHEAST CORNER OF lOT 10 OF MAP NO. 8755 ON FilE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, WHICH LIES ON THE WESTERLY RIGHT·OF-WAY OF FIFTH AVENUE, 80.00 FEET IN WIDTH, AS DEDICATED PER RESOLUTION NO. 2550 RECORDED JANUARY 27, 1961 AS FilE/PAGE NO. 15926 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE lEAVING SAID RIGHT-OF-WAY SOUTH 71 °53'34" WEST 1.50 FEET; THENCE NORTH 18°06'26" WEST 419.72 FEET TO THE BEGINNING OF A TANGENT 458.50 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE RADIAL FROM SAID CURVE NORTH 64°58'52" EAST, 5.50 FEETTO A POINT ON A 464.00 FOOT RADIUS CURVE CONCAVE WESTERLY, SAID POINT ALSO BEING A POINT ON THE WESTERLY liNE OF FIFTH AVENUE, THE WIDTH OF FIFTH AVENUE BEING 72.00 FEET; THENCE ALONG SAID WESTERLY LINE SOUTH 18°06'26" EAST 419.72 FEET; THENCE SOUTH 71 °53'34" WEST 4.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.071 ACRES MORE OR lESS. PARCEL E: All THOSE PORTIONS OF lOT 6 AND 11 IN QUARTER SECTION 151 OF RANCHO DE lA NACION ACCORDING TO MAP THEREOF NO. 166 ON FilE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CHUlA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: All OF lOT "B" AS DESCRIBED IN EXHIBIT 'B' OF EASEMENT FOR STREET TREE PURPOSES RECORDED SEPTEMBER 15, 1992 AS DOCUMENT NO. 1992-0583046 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. CONTAINS 0.06 ACRES MORE OR lESS. FilE: PV-063 1~9 ._.____·n_~ __ ---_._---_..__._-~.- -STREET VACATION PARCEL A 0.81 ACRES _ -STREET VACATION PARCEL B 0.004 ACRES I I-STREET VACATION PARCEL C 0.011 ACRES J ~ -STREET TREE EASEMENT RELrNQUISHMENT 0.12 ACRES "" I / / "" I // ",,¿S // I // T '12// I // // "" I // // / - - ~--- ()D' "" ..... ^",<¿I'> <¡¿ \.-D\- "2;-,1..6 "" ¡,)'¡..UtA 0'2/2-.>3'1- ¿:(5' STREET I j(2J1, I La-r -J-J TREE EASEMEN ,1,1 ><m._",,- PARCEL 'D' CO, / £1 _........-- = = 0~^"'<¿?' / , PARCEL 'B' C~þ/ \'f.\~ / Y"'I'O BE VACATED \J / PARCEL 'A' / / 1'0 BE VACATED """'" - / - - - - - --- // ~ " .~ ""'15,"ŠEWER EASEMENT TO SPRIN . ~ V ALLEY SANITATION DISTRICT u."-"'""""" ø Lo-r 7 v......u. 10 '" 5.5' STREET TREE EASEMEÑ- ffi!! -------- ---- ....> ~ nor -- PORTJON LO'r B I - -I I - l MAP Nb. 876J - b' 'II II I I 7 8 I 8 I '10 11111 I ET '- -- " ~ EXHIBIT 'B' 3011'1-,5; , .. SHEET 1 OF 2 " VACATION OF A PORTION OF NORTH FIFTH A VENUE AND RELlNOUISHMENT OF STREET TREE EASEMENT 0 ~ NC~L~N~:~?' ;;R::~ I~:~~:,~ G VICINITY MAP NO SCALE 9~ltI 4740 Runner Str...t, San Diego, C..lifornia, 92111' 619-292-7?70 FILE PV-063 .._,~_....,,_,_.._..__w.,. _ ___'.'_'U,'_'_ .._,,__'"-0.__..'_'_ ......__._._ ___.__..._..a._._ ._...,-,-,- ---- ._,~---_. ---'--- -_."--_...,-_..~-_._-----~ .--.-- N 19°44'~ Vi.iR) N 18°06'26" W L.= 29°19'25" PARCEL B - - ~ 804 R= 70,00' _ _ _ - N 68°35'54" E - - ~ - - L=35 83' AREA: 0,004 ACRES 197' .... I ~ , S 71°4S'16" W L.= 01039'48" l.4S' R= 70,00' 3452' L=2,03' 71°48'16" ~ / POC PARCELS T,P,OB ~ T,P,OB, PARCEL B PARCEL C 0/ PARCEL E m ¡,,!i' / THE NORTHERLY LINE PARCEL AS' <D 0"-) / OF THE SOUTHERLY :5 :;¡' 0,/ 130' OF LOT 11 OF _ ~ </ QUARTER SECTION 151 36,00' ~ PARCEL C 40,00' W ~ AREA 0,011 ACRES S I-- I-- PARCEL D ~ ~ DI ii:, W - ; :::> _ z ~ -- ------" l W I~ ,,> - "" « '" , ~ N 64°42'18" W è5 086' I ~ INDICATES lII.TTV) " \:. (RJ -- RIGHT OF WAY TO JJ'I!j \'\ 64°55'5.3:- ll. BE VACATED ___ -- W - AREA: 0,015 ACRES L.= 6°54'42" <D ll. , C'J R= 464,00 <D L=55,97' 2? CD ~ LOT 6 LOT 11 COURSEA ) I D I 7 I D I 1 C 36,00' 36,00' STREET VACATION OF FIFTH AVENUE EXHIBIT B SHEET 2 OF 2 ~ NC:L~~~~? ~R~TI~I.N~Ep~;,~G 4740 RuffneT Slreel, San Diego, CIIlifornlll,921U.S19-292-7710 FILE: PV-063 . ~ ... ..._--~_._~_._"- . . EY/Þ/BfT C AGl?N~';i *5 .....MEMORANDUM ITEM. November 15. 1994 TO: Honorable Mayor and Members of the City Council ~, FROM: Chris Salomone, Community Development Director G.. SUBJECT: . REVISED CONDITIONS OF APPROVAL - "WAL-MART" PROJECT In connection with the Joint City Council/Redevelopment Agency Agenda Item No. 5 (the "Wal-Mart" Project) for the November 15. 1994 meeting. attached hereto are the following documents: 1. City Attorney's Recommended Structure for the Conduct of the "Wal-Mart" Project Meeting of November 15. 1994 (the "Meeting Structure"'. The Meeting Structure document was referred to in the staff report for this item. The Meeting Structure outlines the City Attorney's recommended order and process for the City/Agency's consideration of the various land-use approvals for the project. The City Attorney is recommending this careful step by step process in order to assure that the multiple items up for approval are considered and approved in the proper sequence. This sequence is designed to minimize the chances that the project will be challenged by litigation. 2. Revised proposed Conditions of Approval (Nos. B.7 through B.1 0' for the Wal- Mart Project's Precise Plan (the "Revised Project Conditions"'. . The postponement of the hearing on the project entitlements (originally scheduled for October 1 B, 1994) is the result of the developer's last-minute unwillingness to accept the risk that the balance of their project (not the Wal-Mart store) could not be constructed if the off-site right- of-way necessary to mitigate project related traffic impacts could not be obtained. Nevertheless, over the last few weeks, staff and the developer have reached agreement on this issue. This agreement ultimately shifts the risk from the developer to the City. This risk however, in staff's opinion. has been mitigated to an acceptable level due to: a. The belief that the off-site property necessary to construct the desired traffic mitigation improvements will be required either by the developer. or the City if necessary. without serious opposition. b. The requirement that the developer post ample security to fund all of the traffic improvements necessary, and that such security is to remain in place throughout a more than reasonable timeframe to acquire the property and construct the improvements. c. The requirement that the developer is required to "meet and confer" with the City in order to devise and implement alternative traffic mitigation measures in the event that the off-site right-of-way for the widening off Fourth Avenue and/or the Fourth AvenuelBrisbane intersection cannot be obtained. 9 '/.2.. -~....,...- ~--".__._----------_._._._-~ . . The Revised Project Conditions attached reflect a detailed compromise between staff and the developer with respect to the acquisition of the off-site property and construction of traffic \ mitigation improvements thereon. The Revised Project Conditions have been "black-lined" to highlight the changes made to the project Conditions of Approval delivered in the Agency packet for the November 1, 1994, meeting. C:\wp51 \haynes\walconds.mem I ) 9"'/J _ __~w'_.'m··_·_ --. City Attorney's Recommended structure for Conduct of Walmart Project Meeting November 15, 1994 I. City Attorney explains the need to structure the meeting sequentially. II. City Attorney to explain previous Agency approvals. A. DDA (including incentive package) subject to conditions precedent, including certification of EIR and approval of all land use entitlements. B. Owner Participation Rights Exhaustion. C. 33431 Hearing D. 33433 Hearing III. staff Report on Project IV. Open All Public Hearings regarding (1) Certification of EIR; (2) General Plan Amendments; (3) LCP Amendments; (4) Rezone (5) Coastal Development Permit; and (6) Project and Precise Plan Approval. v. EIR Certification¡CEQA Compliance (Joint citv/Aaencv) A. Additional staff Comments (if any). B. Public Comment on Environmental Issues. C. Close CEQA Hearing. D. city Council Comment on Environmental Issues. E. Joint council/Agency Vote on CEQA Resolution Nos.17705 (city) and 1430 (Agency). VI. General Plan Amendment--From "Research and Limited Manufacturing" to "Commercial Thouroughfare". (&lli) A. Additional Staff Comments (if any). . B. Public Comment on Proposed Amendment to the General Plan. C. Close the General Plan Amendment Public Hearing. D. City Council Comment on General Plan Amendment. E. city Council Vote on General Plan Amendment Resolution No. 177D6. VII. Local Coastal Program Amenclment--From "Industrial-General" to I "Commercial Thouroughfare Subject to Central Commercial with Precise Plan- Modifier". (City) 9-1'/ ,_....."'~~.- -.- ---.. ~.-..._._----. .-.--- - - --'-~-'-'-'-"-'--'-'----'-'--"'--"'- _____ ____u. ---------.---..-- . --- --.---.---.. . A. Additional Staff Comments (if any). B. Public Comment on change to the general Plan. C. Close the LCP Amendment Hearing. D. City Council Comment on LCP Amendment. E. City Council vote on LCP Amendment Ordinance No. 2613 . VIII. Zoning Map Amendment--From "I-L-P (Limited Industrial-Precise Plan" to "C-C-P (Central Commercial-Precise Plan". (Citv) A. Additional Staff Comments on Zoning Map Amendment (if any). B. Public Comment on Proposed Zoning Map Amendment. C. Close the Zoning Map Amendment Hearing. D. city Council Comment on Zoning Map Amendment. E. city Council Vote on Zoning Map Amendment Ordinance No. 2614. IX. Local Coastal Development Permit (Citv) I A. Additional Staff Comments on Local Coastal Development Permit (if any). B. Public Comment on Proposed Local Coastal Development Permit. C. Close the Local Coastal Development Permit Hearing. D. city Council Comment on Coastal Development Permit. E. city Council Vote on proposed Local Coastal Development Permit Resolution No. 17707. X. Project and'Precise Plan Approval (Aqencv) A. Additional Staff Comments on Project and Precise Plan Approval. B. Public Comment on Project and Precise Plan (not required) c. Close Hearing for Project and Precise Plan Approval D. Agency Comment on Project and Precise Plan 9"/s' ,--_...~..- ----,.__..~...-._.._~~-_..- E. Agency Vote on Project and Precise Plan and Declaration that certain Conditions to Effectiveness of DDA Satisfied per Resolution No. 1431- M:\hole\attorney\wall.rt3.wp . I 9'1¿ ..___m.__ ____.._ _.----,---_._._,---_._~.__._----_..__.- "' "..._._-_.._--_._"...,~- -...--- - ".-."".- +_._._---~ ---- Channelside Shopping Center Conditions of Approval Attachment 1 to Agency Resolution 1431 Unless otherwise indicated in the following conditions or in the Mitigation Monitoring and Reporting Program for the project Environmental Impact Report, all conditions must be met prior to the issuance of the first Certificate of Occupancy for the project site. ,A. DESIGN REVIEW CONDITIONS (DRC-94-381 , . Approval of this project shall be continent upon approval of GPA-94-02, PCZ-94-C and Local Coastal Program amendment. 2. If the Precise Plan adopted for the subject site are substantially different from the ones assumed at the time the project was considered and approved by the Design Review Committee, it shall be returned to the DRC for reconsideration and approval. 3. Design solution for sign type I (freestanding sign along the freeway) shall be submitted to the Design Review Committee along with data obtained from the flag test for consideration and approval. 4, Signs type II (Major Tenant 2) shall be limited to 150 square feet in area with no more than five tenants and a maximum height of 35 feet, 5. The sign program shall provide sign design criteria for the freestanding building. 6. Wall-mounted signs on the north elevation shall be limited to the two major tenant (tenants with more than 50,000 square feet of floor areal. 7. Formal landscape and irrigation plans addressing parking screening solution shall be submitted to the Planning Department for review and approval along with the building permit submittal package. B. ENGINEERING DEPARTMENT CONDITIONS 1. Post security prior to the recordation of the Final Map, and be responsible for the installation of all improvements contained within this Section B (Engineering Department Conditions) to the satisfaction of the Chula Vista City Engineer. Security shall be provided to the City of Chula Vista in the form of, but not limited to, performance bonds, letter of credit and/or Wal-Mart corporate guarantee to the extend permitted by the City Attorney and the City Engineer. The next five Conditions, numbered B.2. through B.6. must be satisfied prior to the issuance of a Grading Permit: 2. Obtain and submit an updated soils/geotechnical report, consistent with the requirements of the City Grading Ordinance, and implement the results thereof to the satisfaction of the City Engineer. 9"'/7 .. u . .. ._. ..__._..__~._._.____n__~_..___ _._.._._-_..,----,_..._-~------- -- Channelside Shopping Center Page 2 Conditions of Approval Attachment 1 to Redevelopment Agency Resolution 1431 I 3. Comply with the floodplain regulations or obtain a exception from the Board of Appeals for the Dixieline owned portion of the project. 4. Provide calculations indicating that the channel on the south side of the project can convey a 50 year storm prior to issuance of a grading permit. 5. Include on grading plans an NPDES statement and comply with all permits required by the administering agency. 6. Install pre-treatment devices or facilities for the removal of urban pollutants from storm water runoff and provide a maintenance schedule indicating the facilities to be cleaned a minimum of four (4) times per year. 7. The next thiFteeA ten conditions, B. 7 .a. through B. 7.m j., must be satisfied prior to ¡¡~;~"~~ì~~Certific~te. of~ccup~ncYL~áà.~.~,":.YY:I-Ma~~ building: D.J.i! .\.~;:;.;~.;.ilOO!1. ~~}~::.;'.~i:~)}~A: 'j\~.,.;:;.;.;:;..Gk ....,. vx~·_." .j: . ,:.à:·;:<.:«.:~Litm!1l1~; RevIsions are shown thus. underlined; eleletions are sÞ1e\-:A tl:¡I.:IS, strilteel.:lts. åª. Install a traffic signal at N. Fifth Avenue and "C" Street and restripe "C" Street as necessary to accommodate the signal. &Q. Install "no parking" signs on N. Fifth Avenue, between "C" Street and its I northerly terminus. f J:;. Remove existing striping and restripe N. Fifth Avenue north of "C" Street to provide two southbound lanes, a continuous left turn lane and a northbound lane. gg. Install a painted or raised median on N. Fifth Avenue north of "Co: Street to provide a shelter for trucks exiting from the most northerly GES driveway. The painted or raised median shall be designed to channelize southbound vehicles from the two shopping centers into the most westerly southbound lane. R!!.. Provide an interim driveway with one lane of traffic out and one lane of traffic in northerly of Brisbane atthe existing driveway to Dixieline's back lot. Said driveway shall be restricted to right in and right out movements only. Use af said iAteriFFl elfivs'.,·a"l ".vill be alle\veEJ fer "tA.'al Mart" 8ReI "DiJ(ieliAe" faeilities ~Alï. t 1. Construct aft temcorarv access road between the project and N. Fourth Avenue which shall be aligned with the interim driveway. The access road shall be two lanes in width and shall be subject to the approval of the City Engineer. ¡ g. Modify the traffic signal at Broadway (National City Boulevard) and 35th Street to provide signal phasing for the new east leg connection. 9.,/r' __'_"_."',."'_'W__"_ _ __..__.......·..__m.......____ Channelside Shopping Center Page 3 Conditions of Approval I Attachment 1 to Redevelopment Agency Resolution 1431 !th. Construct an access road, including a bridge crossing, between the project and the intersection of Broadway (National City Boulevard) and 35th Street to the satisfaction of the City Engineer. The bridge crossing is to be privately owned and maintained. Obtain approval of the bridge construction from the Local Coastal Commission, State Department of Fish and Game, U.S. Fish and Wildlife, Corps of Engineers and the U. S. Coast Guard. 1 ) TÞie fle"/slapar retaiRs the figÞ1t te "meet BREi aeAfer" v:ith appreprÎate City per-s8ARsl te 8FftSReI CSAåitisA B. 7 .It. 8138"'8 iA tAe eveRt tnat I::IAfereS8SA eirSI::JFAst8Ases, sr eirSl:lfRstaAees IasOr"sAd the seAtrsl at tAB eleveleper delays tf:\e t:uielge eSRstrl:JstisA esmpletisA €Jete l3eyeAeI thB 8Atieipateel eSFf\pletisA elate at the "\\'81 Mart" sterB. €1:Jeh reEt1:l8sts te "fReet sAd aeAfer" 1:8 8fR8AEJ CeAEfitieA 8.7.lt. 51:\all138 maåe iA O;/ritiAg at least AiRst·,· (90) de,s prier t9 tt:\e 8Atieipateel eampletisR åats at tf:te "\A.'81 MaFt" stereo q. Remove existing striping on Broadway between the SR 54 bridge crossing and a point approximately 300 feet south of 35th Street and replace with new striping to provide a new southbound left turn lane for the projects access road. Said striping shall be in substantial conformance with the conceptual striping plan reviewed by the California Department of ! Transportation (CAL TRANS) as indicated in a letter from the CAL TRANS dated August 22, 1994. ffi ¡. Veeete Provide for vacation on the Darcel maD for the Droiect of that portion of N. Fifth Avenue ("N. Fifth Avenue Extension") contained within the project which will be privately maintained. II:!§. Âarea of vacation to be approved by the City Engineer. 1) . The City of Chula Vista and Its' Redevelopment Agency hereby agree te Ret to COODerate in aood faith in causina the vacetion end aaree not to require ·compensation" for the ·N. Fifth Avenue Extension" street vacation as required under Condition B.7.fIr. L. above. 8. Subiect to a.8.d below. :¡:the next three conditions, B.8.a. through B.8.c., must be satisfied prior to issuance of any Certificate of Occupancy after the Certificate of Occupancy issued for the "Wal-Mart" building: ii· Obtain the off-site right-of-way dedications along N. Fourth Avenue adequate to provide for the installation of public improvements es required by this project adjacent to the National City Market~ PIeee Shopping e~enter as defined in condition ~ B.8.b.. below. 12. Widen N. Fourth Avenue on the west side of the street to.provide 50 feet of I roadway within a 58 foot half width right-of-way between Brisbane to approximately 150 feet south of the SR 54 east bound off ramp. A taper shall be installed from a point approximately 20 feet southerly of the 9--/? -- -~--~_._--_.~.~--- .--.-" Channels ide Shopping Center Page 4 Conditions of Approval Attachment 1 to Redevelopment Agency Resolution 1431 I National City Marketolace PIaee northerly property line to the point 150 feet from the east bound off ramp of SR 54. Said improvements shall include, but not be limited to, curb, gutter and sidewalk, a.c. pavement and base, storm drain and street lights. &. Install a raised median on N. Fourth Avenue from the SR 54 eastbound off ramps to a point 300 feet south of Brisbane Avenue. eº-. Ol3taiA the eft site (¡gRt af '1I8ï EfeElieatisAs te aile'.\' far tÞ1e eSAstnletieA af tAe eSAseAtrieall'{ ali§Aeel iAterseetisA af ÞJ. FSIdRA J\"'eAl::Ie aRa BrisbsAÐ ~·:itAiA the AsrtRarly pertieA af tho Target sl=leppiAg eeAter. TAe SFft'8t.1At af rigÞ1t af \\'8'" f\eeessary t8 satisfy this e9Aefiti~A \\'j 138 sl;It:Jjeet t8 appre¡;al af the City EAgiAeer. Develòoer anticioates that it will obtain the off-site riaht-of-wav dedications described in B.8.a. above in connection with its acauisition of a oortion of the oroiect from Dixieline Lumber Comoanv. Inc. Notwithstandina the foreaoina. if develooer is unable to acauire the off-site riaht-of-wav after a written offer to acauire the orooertv based on an indeoendent aooraisal followed bv a 30-dav oeriod durina which develooer makes aood faith efforts to neaotiate for the acauisition of the riaht-of-wav. uoon develooer's written reauest. Citv shall schedule and deliberate uoon the acauisition of the off- site riaht-of-wav bv the exercise of its Dower of eminent domain: orovided. however. that (i) Citv shall not be obliaated to exercise its eminent domain authoritv exceot as it deems consistent with the reauirements of the law: and (ii) Citv shall retain its full and unfettered discretion to reiect the use of eminent domain for anv and all reasons. If develooer reauests in writina that Citv consider acauisition of the necessarv off-site orooertv described in Condition B.8.a. above. throuah. if necessarv. the exercise of its eminent domain Dowers. then the develooer shall. within thirtv (301 davs of makina such reauest. oost with the Citv securitv in a form acceotable to the Citv Enaineer and the City Attornev in en amount eaual to the sum of (A) the City Enaineer's aood faith estimate of 150% of the cost of constructina the imorovements described in B.8.b and B.8.c. above. (B) the City Enaineer's aood faith estimate of 150% of the direct cost of acauisition of the orooertv described in B.8.a. above (inclusive of aooraisal costs) and (C) $20.000 to cover leaal and other costs incurred bv the City in acauirina the orooertv described in B.8.a. above throuah the exercise of its eminent domain Dowers. Notwithstandina the foreaoina. exceot for the amount in clause (C) above (which amount reoresents develooer's maximum liabilitv!. develooer shall remain resoonsible for all actual direct costs. incurred bv the Citv in connection with the acauisition described in clause (81 above and all actual direct and indirect costs incurred bv the City in connection with the construction described in clause (AI above. I 9·-"~ >----,,-.---,--..-.-...-.- --"-----_._._~-_.__._----._---- Channelside Shopping Center Page 5 Conditions of Approval Attachment 1 to Redevelopment Agency Resolution 1431 If such croDertv is acouired within six (6) months from the Dostino of such securitv. such security shall remain in Drace until construction bv develoDer of the imDrovements described in B.8.b. and B.8.c. above. acceDtance of such imorovements bv City and reDlacement of such security with maintenancesecuritv in accordance with City's standard reouirements. If Dossession of such DroDertv is not obtained within six (6) months from the costino of such security. such security shall remain in Drace and thereafter develoDer shall have no further obliaation reaardina the acauisition of such oroDertv. In that event. at the Citv' s reauest develoDer and City shall meet and confer in aood faith for an additional Deriod of four (4) months in order to attemDt to devise and imDlement suitable reDlacement mitiaation measures for the traffic imcacts aenerated bv the croiect. includina the Droiect's cro rata share of cumulative traffic imDacts. If the City and the develoDer aaree UDon reDlacement mitiaation measures reauirina the acauisition of alternative off-site riaht-of-wav. and the City does not obtain cossession of such off-site riaht-of-wav within six (6) months of such aareement. the construction of such reDlacement mitiaation measures shall be waived as a condition to the City's issuance of Certificates of OccuDancv with rescect to further develoDment of the Droiect. However. in the event that the Darties are unable to aaree ucon suitable reDlacement mitiaation ( measures durina this four month Deriod. Conditions B.8.a. and B.8.b.. above. shall be waived as conditions to the City's issuance of Certificates of Occucancv with reSDect to further develocment of the croiect: but develoDer's security shall remain in Drace for an additional two (2) years to be utilized bv the City for DUrDOSeS of comDletina IA) the oriainallv contemclated acauisition and imDrovements (to the extent such acauisition and imDrovements later becomes feasible!. or 18) such other traffic mitiaation measures as are devised bv develoDer and City after meetina and conferrina a~ crovlded above or devised bv the City if develoDer and City are unable to aaree as to suitable trafficmitiaation measures. If the develoDer of the National City MarketDlace Droiect DOSts security satisfactory to the City for its cro-rata share of the cost of such crocertv acauisition and imorovements. the security costed bv develocer shall be reduced crocortionatelv. If the develocer of the National City MarketDlace croiect does not cost security for its Dro-rata share of the cost of such crocertv acauisition and imcrovements. City shall coocerate in aood faith with develocer in imclementina a reimbursement croaram whereby develoDer will be reimbursed bv any future develocer or develoc~rs of croiects benefited bv such crocertv acauisition and imcrovements. includina any future devalocer of the National City Marketclace croiect. in an amount eaual to the cro-rata share lof the cost of such crocertv aCQuisition and imcrovements) of National City Marketclace. as such cra-rata share is I determined Dursuant to a fair share analvsis bv an indecendent traffic enaineer accroved bv the City Enaineer. 9"',.)./ -----..---- ----.-..-... -,...--.....--.-...-.---.,.-.--..----.-.. -----' . Channelside Shopping Center Page 6 Conditions of Approval Attachment 1 to Redevelopment Agency Resolution 1431 I 9. It tRG GßplieaAt prepeses te reE¡t:.Iest tA8 Cit"ll:lSe effiiABRt åemaiA preeeeEtiAgs te a8Etwire the eft site fight at ~/:ay Aseessar, te eSAstrt.let tl=te iffiprevemeAts, the 8ßpliesAt shall previåe te tl':ie Cit·{ af Cf:ll::Jla Vista ',:ritteR 8\'ieleAee tl=lat SA effer t:laseel1:J(39A SA appraisal Res heaR FRaele BRei rejeeteell3'{ tl=le S'::Aers re€lf:Jireel te 8)(eel:Jte a greAt af street eaS8ment. Tl=\e elevelsfJer RU:Jst elSFRBAstrate ta tÞie satisfaetisA af the CSFAfR1::IAity De"lelepmeAt Direetar that åevelsfJer has talteA all . AeeeSSar'l 8Aft reassAsl3le aetisAS te el3taiA tRÐ figl:\t af \a:ay tRfBblgÞl pri':ate AegetiatisAS iAeh:JeliAg I3l:Jt Rat limiteel ta prSpSriAf) 8 JUBI3SRY 8ßf3raisal 8AeJ maldAg 8A after ta aee¡l:Iira l3age~ SA tÞae estal3lisÞte~ fair FAarltet \"a11;l8 fer tf:le prspeRï. It EJsvslel3sr is \:IRetals te a8E1\:1ire tRe eff site Fif:1At af \,·:8, after ge8EJ faitÞa l3ast attaRs t8 Efe S8, \:IßSR EJevelsper's ',\'ritteR re~\:Iest Cit'¡ sl:1811 seheEJule SAEJ åøliaerate I:JpØR tÞte aSE)\:IisitieR at tÞae 9ft site rigt:tt et 'Nay tit' the eJŒreise at its ps\ver at eFAiAsRt EJaFRSiA. NGt\vitAstsAetiAg tRe fersg8iRg, (8) tÞae City sÞtall Rat t3e al3ligataEJ to eJf8r8ise its aFftiAsAt deFRsiA sl=Ithørit·, e)(Ss3t 85 it eleeMs eSRsisteRt 'A'itÞt tAB r8E)l:Jir8FA8Ats af tl=l8 la',\"; SRei (8) tAe City 5AsII r-etaiA its fl:1l1 8REJ I:1Rfettereå etiseretisR t8 r9jeet tAB t:lSB at BmiR8Rt EJalflsiA far aRt SAEJ all raasaRS, Subiect to B.9.c. below. the next two conditions. B.9.a. and B.9.b.. must be satisfied Drior to issuance of anv Certificate of OccuDancv after the Certificate of OccuDancv issued for the "Wal-Mart" buildina. Condition B.9.d. shall be satisfied concurrentlv with the construction of the traffic sianal and four-wav concentric intersection described in B.9.b. below. whether such sianal and intersection are constructed bv the develooer or bv the Citv. as contemDlated bv B.9.c. below. a. TAS EJs'/el8per retsiRS tAe rigÞat te -",eet SAd eeAfer" '¡¡itA s3prspriate City per-ssRRel ts aFRBRei CSAåitieAs 8.8.a.,B.8.t3.,aREI B.8.e. st:1s\"e iA tÞasevsAt tl=\8t tleth the EJe';eleper 8Aå thB City tail te sbtaiA the Rss8ss8r)" fight 8f ',::a)" t8 a8Astr1::let tt:.e sigRslizeå eeRseRtris iRteFseetieA at FS1:JRh :\vaAl:Je SReI BristasR8. TÞ\a pyr-pase af tJ:te rigAt ts "Rlset BREI aeRfer" '¡:iII Be ta faeilitate ffiestiA§s 8Rå Efis8t::1ssisRS ts jeiAtly EleterFRiAe tt-18 spprspriate treflis impaat fRitigatieR FReSSl::lras Aeeesssr',' te alle'.l'/ fer tf:1e aSRtiRyaå -b1:lil~ al::lt"· at tl=te eeAter. Obtain the off-site riaht-of-wav dedications to allow for the construction of the concentricallv alianed intersection of N. Fourth Avenue and Brisbane within the northerlv Dortion of the Tarcet shoDDina center. The amount of riaht-of-wav necessarv to satisfv this condition will be subiect to aDDroval bv the Citv Enaineer. !he,. Install a traffic signal and "four-way" concentric intersection at N. Fourth Avenue and Brisbane Avenue. The design of the Brisbane/Fourth Avenue signalized intersection will be subject to the approval of the City Engineer. &... Notwithstandina the foreaoina. if develoDer croDoses to reauest Citv use eminent domain croceedinas to acouire the off-site riaht-of-wav necessarv to construct the imDrovements. develoDer shall Drovide to Citv written evidence that an offer to Durchase based UDon the aODraisal of an indeDendent aDoraiser has been made and reiected or not resDonded to bv the owners reauired to execute a arant of street easement. If develoDer is unable to " - .:< ,;J.. .-. ....-.,_..__..._.~.._._----"._,------"--- Channelside Shopping Center Page 7 Conditions of Approval Attachment 1 to Redevelopment Agency Resolution 1431 acauire the off-site riaht-of-wav throuah usina the means described above. uoon develooer's written reauest. City shall schedule and deliberate uoon the acauisition of the off-site riaht-of-wav bv the exercise of its oower of eminent domain. Notwithstandina the foreaoina. iii City shall not be obliaated to exercise its eminent domain authority exceot as it deems consistent with the reauirements of the law: and Iii) City shall retain its full and unfettered discretion to reiect the use of eminent domain for any and all reasons. Develoaer will exercise diliaent. aood faith efforts to acauire the off-site riaht-of-wav to construct the imorovements. If develoaer makes such offer and such offer is reiected or not resaonded to for a aeriod of thirty (301 days and develooer thereafter reauests in writina that City consider acauisition of the necessary off-site aroaertv described in Condition B.9.a. above. throuah the exercise of its eminent domain aowers. then the develooer shall. within thirty (301 days of makina such reauest. aost with the City security in a form acceotable to the City Enaineer and the City Attornev in an amount eaual to the sum of (A) the City Enaineer's aood faith estimate of 150% of the cost of constructina the imorovement described in B.9.b. above. (b) the City Enaineer's aood faith estimate of 150% of the direct cost of acauisition of the arooertv described in B.9.a. above (inclusive of aooraisal costs) and (C) $30.000 to cover leaal and other ( costs incurred bv the City in acauirina the aroaertv described in B.9.a. above throuah the exercise of its eminent domain aowers. Notwithstandina the foreaoina. exceot for the amount in clause IC) above Iwhich amount reoresents develoaer's maximum liabilitv!. develooer shall remain resoonsible for all actual direct costs. incurred bv the City in connection with the acauisition described in clause (8) above. and all actual direct and indirect costs incurred bv the City in connection with the construction described in clause IA) above. If such arooertv is acauired within six (6) months from the aostina of such security. such security shall remain in alace until construction bv develoaer of the imarovements described in B.9.b. above. acceotance of such imorovements bv City and reolacement of such security with maintenance security in accordance with City's standard reauirements. If oossession of such arooertv is not obtained within six (6) months from the oostina of such security. such security shall remain in alace and thereafter develooer shall have no further obliaation reaardina the acauisition of such aroaertv. In that event. at the City's reauest. develoaer and City shall meet and confer in aood faith for an additional aeriod of four (4) months in order to attemDt to devise and imalement suitable realacement mitiaation measures for the traffic imaacts aenerated bv the oroiect. includina the aroiect's aro rata share of cumulative traffic'imaacts. If the City and the I develooer aaree uaon realacement mitiaation measures reauirina the acauisition of off-site riaht-of-wav. and the City does not obtain aossession of such off-site riaht-of-wav within six (6) months of such aareement. the 9-~1 . -..-..-.....- --------_._._~._,- _._~-_._,._"------_..._-_._-----_..._._-~- Channelside Shopping Center Page 8 Conditions of Approval Attachment 1 to Redevelopment' Agency Resolution 1431 ) construction of such reDlacement mitiaation measures shall be waived as a condition to the City's issuance of Certificates of OccuDancv with reSDect to further develoDment of the Droiect. However. in the event that the Darties are unable to aaree UDon suitable reDlacement mitiaation measures durina this four month Deriod. Conditions B.9.a. and B.9.b. above. shall be waived as conditions to the City's issuance of Certificates of OccuDancv with reSDect to further develoDment of the Droiect: but develoDer's security shall remain in Dlace for an additional two (2) years to be utilized bv City for DUrDOSeS of comDletina (A) the oriainallv contemDlated acauisition and imDrovements (to the extent such acauisition and imDrovements later become feasible). or (8) such other traffic mitiaation measures as are devised bv develoDer and City after meetina and conferrina as Drovided above or devised bv the City if develoDer and City are unable to aaree as to suitable traffic mitiaation measures. If the develoDer of the National City MarketDlace Droiect DOStS security satisfactory to the City for its Dro-rata share of the cost of such DroDertv acauisition and imDrovements. the security Dosted bv develoDer shall be reduced DroDortionatelv. If the develoDer of the National City MarketDlace Droiect does not DOSt security for its Dro-rata share of the cost of such DrODertv acauisition and imDrovements. City shall COODerate in aood faith with develoDer in imDlementina a reimbursement Droaram whereby develoDer will be reimbursed bv any future develoDer or develoDers of Droiects benefitted bv such DroDertv acauisition and imDrovemènts. includina an future develoDer of the National City MarketDlace Droiect. in an amount eaual to the Dro-rata share (of the cost of such DroDertv acauisition and imDrovements) of National City MarketDlace. as such Dro-rata share is determined Dursuant to a fair share analvsis bv an indeDendent traffic enaineer aDDroved bv the City Enaineer. e.t.J1. Construct af! Dermanent access road from the Brisbane/Fourth Avenue signalized intersection to the project site. The final design of the access road shall be subject to the approval of the City Engineer. 10. IR tAB eveRt tt.1at tl=l8 signalizeef eSAssAtrie iAterseetisA at FSl:lfth 1...·'eAl::Is 8AeI BrisbsA8 is t8 be eSAstrblsteef 89 a 8BAelitieA t9 tAB efsvelepmsRt Sf reElsvelepmeAt at tÞie Target SI:1813PiAfJ CaRter af tAe NatisAsl Cit'{ Marltstplaee prejeet, 8 pre rata sl=1are af tÞae iAterseetisA iFRf3re'/emsAt sests, iReh:lefiA{I (SReI aeElblisitiSA, BRSII be l3erA8 by tRe åevelspsr. fA tAe eveRt tl':l8t tl=&8 Ete"Jalapar fails t8 eSRtribl:Jte tRait pre rata sRsre, tÞae Cit"i shall RSo,s the (¡gAt t8 ars"/: t::Ip8A Eie'¡elsper's seSl;lrit",. t8 tAB 8JEteAt Assessarï te fl:llfill efe'¡elsper's pre rata eeAtrilnltieA ei3ligatiSA. City aarees to COODerate in aood faith to cause the City of National City to aDDrove any clans and issue anv Dermits reauired to beaDDroved or issued bv the City of Natiönal City necessary to allow the construction of the imDrovements described in Conditions B.8 and B.9 above. 9--,;.r ----- ---_._-_._-~------_.~..- -.---- Channelside Shopping Center Page 9. Conditions of Approval Attachment 1 to Redevelopment Agency Resolution 1431 11. Pay sewer capacity, Public Facilities Development Impact, Traffic Signal and other related fees as required by the Master Fee Schedule or Municipal Code at issuance of building permits. C. PLANNING DEPARTMENT CONDITIONS 1. Submit letters showing proof of payment of required school fees from the Chula Vista Elementary School District and the Sweetwater UniDn High School District to the Director of building and Housing prior to the issuance of any building permit. 2. Prior to the issuance of the first building permit, submit a water availability letter from the Sweetwater Authority which shows that adequate water flow is available to the site. 3. Submit a development [phasing plan for approval by the Directors of Community Development, Planning, and the City Engineer prior to the submittal of any building permit application. 4. Submit an enhanced master landscape plan for approval to the Director of Planning ¡ prior to issuance of any building permit. Said landscape plan shall be prepared in accordance with the City of Chula Vista Landscape Manual and shall be drafted by a registered landscape architect. 5. Install fire hydrants of a type and at locations specified by the Chula Vista Fire Department. Comply with this condition as determined by the Fire Department. 6. At time of submittal for building permits, submit all plans to the Crime Prevention Unit of the City of Chula Vista Police Department and implement all requirements as listed by the Crime Prevention Unit. Prior to opening for business, arrange a security survey with the Crime Prevention Unit and implement the results of said security survey. 7. Submit a lighting plan to the Director of Planning for approval prior to submission of any building permit application. Said lighting plan shall show and ensure that all lighting is directed away from traffic and nearby land uses, or otherwise shield so as to not allow glare from the Project Site to spill over the property line. lighting shall illuminate the site but not beyond that considered appropriate and suitable for the use. 8. Participate in whatever water conservation or fee offset program the City of Chula Vista may have in effect at the time of issuance of building permits, or agree to no net increase water consumption. I 9"'~ -- --- .-----...-."." . -------_..__..._~ ____.___n_.._.~_.,_ Channelside Shopping Center Page 10. Conditions of Approval ) Attachment 1 to Redevelopment Agency Resolution 1431 D. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 1. Environmental Impact Report In addition to complying with the requirements set forth in the Channelside Shopping Center Mitigation Monitoring and Reporting Program (MMRP) approved for the proposed project, the following conditions must be met: a. Grading Plans shall include erosion control maasures as specified in the Final EIR that include soil stabilization, revegetation, watering of construction areas. and transport techniques to reduce airborne soil. b. The project is required to mitigate impacts to biological resources through implementation of the mitigation plan presented in the Final EIR and consistent with the requirements of the U. S. Coast Guard, the U. S. Army Corps of Engineers, the U. S. Fish and Wildlife Service and the California Department of Fish and Game. Copies of the executed permits/agreements shall be provided prior to issuance of Grading Permits. c. If breeding and/or nesting of the light-footed clapper rail or the Belding's savannah sparrow occurs within an area that experiences noise impacts from project construction in excess of 60 dB, construction techniques shall be modified or halted during the breeding/nesting season. A focused survey is required to determine the nature of impacts, if any, if construction is to take place during the breeding/nesting season prior to the issuance of a Grading Permit. d. All structures shall be designed to conform to the 1 994 Uniform Building Code (UBC) Guidelines, and at a minimum, shall conform to 1994 UBC Seismic Zone 4 factors. 2. Coastal Development Permit a. Approval of Coastal Development Parmit #068 shall be contingent on the California Coastal Commission's approval of LCPA #12 and shall be subject to any conditions placed on LCPA #12 by the California Coastal Commission. b Approval of Coastal Development Permit #068 shall be contingent on the approval of and subject to any conditions placed on the U. S. Coastal Guard Bridge Permit (Rivers & Harbors Act - Section 10), the U. S. Army Corp of Engineers 404 permit (Nationwide permit under #154, #15, or #16), and the California Department of Game Streambed Alteration Agreement (1603 consultation) . t¡ .. ~¡, - ._- . . I ! , ) Channelside Shopping Cente}' . 'Page 11 Conditions of Approval Attachment 1 to Redevelopment Agency Resolution 1431 c. Building pads must be elevated to comply with FEMA regulations and the developer shall comply with floodplain regulations or obtain en exception from the Board of Appeals for the Dixieline owned portion of the project prior to issuance of a building permit. d. The developer shall obtain a grading permit from the City and provide erosion control and determined by the City Engineer. When the grading plan for the project is submitted to the City of Chula Vista, separate coastal development permit review shall be required. e. The applicant is required to implement the Broadway Plaza Biological Program dated August 29, 1994 and as may be revised in the future by the U.S. Fish and Wildlife Service. f. Signage for the project will be developed and reviewed in accordance with the site's Precise Plan guidelines and the Design Review Committee's Conditions of approval. g. Exterior lighting associated with the development, including the parking lot ( lighting shall be designed to not shine directly on or increase the background level of lighting on any coastal salt marsh habitat. h. The project shall comply with grading and drainage provisions set forth in Section 19.81.050 J. of the Bayfront Specific Plan, particularly the special provisions for the Inland Parcel in Section 19.81.050, J.2.d. Grading provisions shall be incorporated into the grading plan notes as appropriate. i. A complete floor plan shall be required to determine that disabled access and exiting regulations will have been met prior to issuance of a building permit. j. The development shall comply with Uniform Building Code Section 506 (bl, Unlimited [building] Area which states that a building shall not be limited if the building is provided with an approved automatic sprinkler system throughout and is entirely surrounded and adjoined by public ways or yards not less than 60 feet in width. (LHIHA YNESIREPORTSIWALCONOI.Lsn I 9 '" ,;. 7 -~---_.,-~.~~._._-, - .~.._."._,.__.--..-----'-'-~""-'----+ ...._.._-----------~ _. COUNCIL AGENDA STATEMENT Item I() Meeting Date 1110/95 ITEM TITLE: Resolution I 771'.3 Re-appropriating funds, accepting bids and awarding contract for "Civic Center Flooring Installation in the City of Chula Vista, CA (GG-108)" SUBMITfED BY: Director of Public Works 0/ REVIEWED BY: City ManageuC1 ~ (4/5ths Vote: Yes.1LNo-> /J At 2:00 pm on December 7, 1994, in Conference Rooms 2 & 3 of the Public Services Building, the Director of Public Works received bids for "Civic Center Flooring Installation in the City of Chula Vista, CA (GG-108)." The work consists of replacing an existing deteriorated carpet and vinyl tiles in the Civic Center and other miscellaneous work specified in the specifications. RECOMMENDATION: That Council: I) Reappropriate $600 from 600-600I-GG123, City Hall recarpeting; $9,138.59 from 600-600I-SW204, 90/Sidewalk Replacement; and $2,659.53 from 600- 6001-GG122, Roof Repair, Lorna Verde Center; and 2) Accept bids and award contract to Allied Carpet in the amount of $73,495 for "Civic Center Flooring Installation in the City of Chula Vista". BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The purpose of this project is to replace worn carpets in the Public Services Building that created potential trip hazards. Funds to accomplish this work are budgeted in the Capital Improvement Program. Staff has used the opportunity to re-carpet the building as departments re-organize or move within the building. Thus, eliminating undo disruption to the services to the public. This project will complete the scheduled recarpeting of the building. The project specifies the use of a system known as the "lift system" whereby minimum disruption to the services/employees will occur because all work will be accomplished at night and on weekends. The contractor will lift all furniture, partitions, etc. utilizing special hydraulic equipment in place. Thus eliminating the necessity to the to relocate equipment and/or personnel. Bids for construction of this project were received from six contractors as follows: /P-I ^- "_._..._-_..._----------"._..~_.. ...._--_._-~,- Page 2, Item 11/ Meeting Date 1/10/95 1. Allied Carpet - La Mesa $73,495.00 2. Wood's Village Carpet - Lakeside $75,800.00 3. Tri-Co Floor - La Mesa $82,438.00 4. The Kuske Company - Escondido $86,495.00 5. Paul Singer Floor Covering - San Diego $87,444.00 6. Best Home Carpet - Gardena $99,415.00 The low bid by Allied Carpet of $73,495.00 is below the Engineer's estimate of $75,000.00 by $1,505.00 or 2 %. Staff received an excellent bid for the proposed work. To award the contract, $12,398.12 needs to be re-appropriated from remaining fund balances from three projects already completed. These projects are: a) City Hall recarpeting (GG-123) - $600.00; b) 90/Sidewalk Replacement (SW-204) - $9,138.59; and c) Roof Repair, Lorna Verde Center (GG- 122) - $2,659.53. These projects were funded with the General Fund and, therefore, eligible for use in the recarpeting of the Public Services Building. Disclosure Statement Attached is a copy of the contractor's disclosure statement (Exhibit A). Environmental Status The City's Environmental Review Coordinator has reviewed the work involved in this project and determined the project is exempt under Section 15301, Class 1 (a) of the California Environmental Quality Act (Interior alterations). Prevailin!! Wa!!e Statement The source of funding for this project is the General Fund. Contractors bidding this project were not required to pay prevailing wages to persons employed by them for work under this contract. No special minority or women owned business requirements were necessary as part of the bid documents. Nevertheless, disadvantaged businesses were encouraged to bid through active listing of the notice to contractors with various minority trade publications. Financial Statement A. Contract Amount $73,495.00 B. Contingencies & Staff $1,505.00 TOTAL $75,000.00 1~~,2, - ~._^..,."-_.. ---,----_.,-~ . --~_.._,--,._.__.._"._~._---_.__._- Page 3, Item /0 Meeting Date 1/10/95 A. Civic Center Flooring Project (GG-108) $62,601.88 B. City Hall Recarpeting. (GG-123) $600.00 C. 90/Sidewalk Replacement. (SW-204) $9,138.59 D. Roof Repair, Lorna Verde Center. (GG-122) $2,659.53 TOTAL $75,000.00 FISCAL IMPACT: This action will authorize the expenditure of $75,000 in General Funds. After construction, only routine City maintenance will be required. Attaclunents: Exhibit A - Contractor Disclosure Statement SA:sb File No GG-108 m:\home\engineer\agenda\carpet.sa It?.. 3//0-~ .---...- ..._._..~--_..--._.._,_.- ____...__--._._m _._n._._"'__ ------......-- RESOLUTION NO. 17?r';J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RE-APPROPRIATING FUNDS, ACCEPTING BID AND AWARDING CONTRACT FOR "CIVIC CENTER FLOORING INSTALLATION IN THE CITY OF CHULA VISTA, CA. (GG-108)" WHEREAS, at 2:00 pm on December 7, 1994, in Conference Rooms 2 & 3 of the Public services Building, the Director of Public Works received the following six bids for "civic Center Flooring Installation in the City of Chula Vista, CA (GG-108)": i i ·.·.·.·.i i iiiLit"iii liiB~d i.·.i. 1. Allied Carpet - La Mesa $73,495.00 2. Wood's Village Carpet - Lakeside $75,800.00 3. Tri-Co Floor - La Mesa $82,438.00 4. The Kuske Company - Escondido $86,495.00 5. Paul singer Floor covering - San $87,444.00 Diego 6. Best Home Carpet - Gardena $99,415.00 WHEREAS, the low bid by Allied Carpet of $73,495.00 is below the Engineer's estimate of $75,000.00 by $1,505.00 or 2%; and WHEREAS, the City's Environmental Review Coordinator has reviewed the work involved in this project and determined the project is exempt under section 15301, Class 1 (a) of the California Environmental Quality Act (Interior alterations); and WHEREAS, the source of funding for this project is the General Fund, therefore, contractors bidding this project were not required to pay prevailing wages to persons employed by them for work under this contract; and WHEREAS, no special minority or women owned business requirements were necessary as part of the bid documents, nevertheless, disadvantaged businesses were encouraged to bid through active listing of the notice to contractors with various minority trade publications; and WHEREAS, funds for the subject project were included in the FY88-89 CIP project budget (GG-108) and staff recommends the 1 IP'f m___"" . .. ..._.__._..._____._u.______..__________..___··________ reappropriation of excess project funds in the amount of $600.00 from City Hall Recarpeting, $9,138.59 from 90/Sidewalk Replacement (SW-204) and $2,659.53 from Roof Repairs (GG-122) to the subject project (GG-108) . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: section 1- That the city Council concurs in the determination that this project is categorically exempt under Section 15301, Class l(a) (Interior alterations) of the California Environmental Quality Act. section 2. That the city Council does hereby accept the bid of Allied Carpet as responsive. section 3. The city council of the city of Chula vista awards the contract for "Civic Center Flooring Installation in the City of Chula vista" to Allied carpet in the amount of $73,495.00, the lowest responsible bidder which submitted a responsive bid to the approved specifications. section 4. The Mayor of the City of Chula vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula vista. section 5. The City Council of the City of Chula vista does hereby reappropriate from the following accounts: $600 from 600-6001-GG123, City Hall recarpeting; $9,138.59 from 600-6001- SW204, 90/sidewalk Replacement; and $2,659.53 from 600-6001-GG122, Roof Repair, Loma Verde Center to Account 600-6001-GG 08. Presented by s form by ~ John P. Lippitt, Director of Boog , city Public Works C:\rs\carpet.ch 2 /P --4- ....~ ....._.______u,._~__.._...___·. -------,._.,..__._.,._-~-_._--,_._. .. ·_w·_m__~~"_'__________ I THE CITY OF CHULA VISTA DISCLOSURE STATEMENT I ou arc: rc:quired to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all maners which will require discretionary action on the part of the City Council. Planning Commission. and all other official bodies. Tbe following infonuation must be disclosed: l. List Ùle: names of all persons having a financial imen:sI in the propeny which is the suhject of the app!i¡;atiollllr tilt' (\Hllnu.:t. e.g.. (}WllrT, applil.:ant. ('lmtraL:(llT, SUhl:llntra¡';{(lT, I1laterial supplier. Tom Chrones ~t:PVP T.andrp-th Thomas Haggard -- Anthony Gabriola 2. If any person'" identitic:ù pursuant to (I) above is a corporation or partnership, list the names of all individuals owning )Jore than 10% of ùle shares in the corporation or owning any partnership imerest in the pannership. 3. If any person· identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of tht: trust. ... ------ ---------- .. ------- . .---- -.- -- -- -- ~-. . ---- --- 4. Ilave you had mon: than $250 wonh of Þusiness transacted with any memhrr of the City staff, Boards, CUl1Imissions, Comminees. and CounÒI within the past twelve month'! Yes _ NoX_ If yes, please indicate person(s): 5. Please identify each and every person, including any agents. employees. consultants. or independent Contractors who you have assigned to represent you before the City in this matter.· Tom Haaaard Ii. 11:lve you :tllll/~'r your oflÎL:crs or .trcllts. in Ihe aggrer.tIC, (ontrihull:d morc 111311 $I.<K)(J 10 it ('ouncil.lltclHhcr ill Ihl" (UHCllt or I)fC(cdin~ clt..-ctioll period'! Yes _ No ..L. If yes, state whidl CuulII.:ilmclllhcrs(s): Date: 12/7/94 Tom Haggard Print or type name of Contractorl Applicant · Person if¡ defined us: "Any individual. firm, co-partnership, joint venture. wi.wc:ialion. .'iOc:ial dub. fraternal organization. corpormiotl. (·...tall'. trll.'·I. receiver. xyntJictlle. this anti any other cOllnty. city or ('oumry, city municipality, dixtricI, or alllt'r political .,·ubdivi.'iÙ",. or aft)' otller group llf comhination (u:ting us u unit. 13 /P-7 .---. COUNCIL AGENDA STATEMENT II Item Meeting Date 1/10/95 TITLE: PUBLIC HEARING Consideration of Rate Increase for Collection and Disposal of R~se SUBMITTED BY: Deputy city Manager Krempl æ ! "d/ Principal Managem~~IAssistant Snyder~ REVIEWED BY: City Manager~~~(4/5thS Vote: Yes_ No-1L) The county of San Diego and the newly-formed Solid Waste Authority approved an increase in landfill tip fees from $55/ton to $74/ton effective 10/1/94 for the ten cities which did not join the Authority or sign a non-member contract for disposal over a guaranteed period of time. Laidlaw has been paying disposal costs based on the $74/ton charge since 10/1/94 but the increase has not yet been passed on to ratepayers. The rate differential is currently being litigated by the non-member cities. During January 1995, it is anticipated that the County Board of Supervisors and the Authority may take action regarding elimination of the differential tip fee. Any such action would require further rate adjustments. Laidlaw's next regularly scheduled bimonthly billing cycle will be released at the end of February. A delay in considering an increase may provide for a more stable rate determination and fewer changes impacting the ratepayers. RECOMMENDATION: continue public hearing until 2/7/95. /1' / /II-~ -----~._----~- ._-_._._-----_..__._-",..~._--"'_.__. ...--,-.--,.. _.~ ...- . ,.-. . "-.-.-'.--"-'- -----------.-----.,..-....--.-..-,- --.-. PUBUC HEARING CHECK UST PUBUC HEARlNG DATE: I ¡ ID /C.S SUBJECT:0~&ò_J b ,........-t:... ':'^"<:-''-'-''~ ~"'^ (,nQ~~ +- LOCATION: ~ncX ~. { SENT TO STAR NEWS FOR P BLlCATION.. BY FAX /'; BY HAND ; BY MAlL PUBLICATION DATE t 2. 6 4 C~..:I- --- NO, MAILED PER GC §54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F, San Diego, 92122 LOGGED IN AGENDA BOOK I ¿. I V6 / C, ...¡ , I , COPIES TO: Administration (4) / Planning v"" Originating Department Engineering v.:::./ Others City Clerk's Office (2) / POST ON BULLETIN BOARDS IJ/2,.o\ /9"- / SPECIAL INSTRUCTIONS: 7/93 ·55· j// J NOTICE OF PUBLIC HEARING BY THE CHULA VISTA CITY COUNCIL CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a public hearing to consider the following: Consideration of rate increase for collection & disposal of refuse. If you wish to challenge the City's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk's Office at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, January 10, 1995, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: December 28,1994 <...v 01..'-~ )/--1 _. - -.-... ---- ..-----.....,-------..-- ~Mß--P~~~: I,.. ¥' [) --rt.M · """ ~ """" Ii-'- 'I/O · ~ ~ ~ ~ , ¡ ~./øf.t.C, ~I¿) ~ if!:¡ t\- ~ ~Ad. ;L"""7'(ljd I?J !il. ~ ! COUNCIL AGENDA STA~ J éJ WuR ~ - I..W e-. 10 110~~ I^- Meetinq ~::: 1/10/95 ~- TITLE: ~ PUBLIC HEARING consideration of Rate Increase for Þ5- Collection and Disposal of Refuse RESOLUTION Ápproving Rate Schedules for (~ Collection and Disposal of Refuse Effective 1/1/95 ~ SUBMITTED BY: Deputy City Manager Krempl ;~ Principal Management Assistant snyder ~~ , ~ ...nu. BY. C1ty Manager "/5t.. v.te. Yoo_ 8.--'-) ~ The County of San Diego and the newly-formed Solid Waste Authority approved an increase in landfill tip fees from $55 per ton to $74 per ton effective 10/1/94 for all cities refusing to join the Authority or sign a non-member contract for disposal over a guaranteed period of time. Although, Laidlaw has been paying disposal costs based on the $74/ton charge since 10/1/94, this increase was not yet passed on to ratepayers. Both the city and Laidlaw had hoped to determine astable rate before processing another rate change, but the situation now calls for consideration of action on the pass through of the disposal costs. In accordance with Section 8.23.090 of the Chula vista Municipal Code, Laidlaw has requested a rate increase in the landfill comDonent of the current rate schedules, to be effective 1/1/95 but retroactive to 10/1/94. The proposed rate schedules do not include any changes in the operational costs due to the CPI increase, the franchise fee component or the curbside recycling charge. RECOMMENDATI01l: Adopt resolution approving the rate schedules to' be effective 1/1/95. BOARD/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: Rate Structure , For background, Council approved a methodology in August 1991 for the calculation of refuse collection and disposal rates. with that change, the rate is made up of several components: 0 Landfill disDosal fee Paid to landfill operator for disposal; amount set by operator. 0 Franchise fee Remitted to the city to offset public costs of maintaining streets, etc.; amount set by City Council. 0 Other costs J ;-_ç _....~___~___,_.__.__~._________________.___...__·m.__.____ _.___...._.. ___^- ,__,.___.._.__~____ ,,______ '__'n'" '_n _ .,_.'.',___..'___ ~~~ =~~ -=:...~~-..;;: ~:~~ CllY OF CHULA VISTA OFFICE OF THE CITY ATTORNEY DATE: January 5, 1995 TO: The Honorable Mayor and city Council FROM: Bruce M. Boogaard, city Attorney ~ RE: Clarification of Request for Priority of Work The Chairman of the Charter Review commission has forwarded under cover of a letter, a copy of which is enclosed in this agenda package, a request for your review of a work assignment requested by our former Mayor. Specifically, former Mayor Nader requested the Charter Review Commission consider specific proposals for modification of the Charter that would create a voluntary spending limit, the details of which are presented in the accompanying material. The purpose of this letter is to clarify what I believe the Charter Review Commission desires, and this is specifically, as follows: Is it the desire of this new Council that the Charter Review Commission expend its substantial time and energies to evaluate a voluntary spending limit proposal? It is my impression, from the discussion that occurred at the Charter Review commission, minutes of which are attached hereto, that in the absence of some interest by the new Council in a voluntary spending limits amendment to the Charter, they do not have an interest in pursuing consideration of this matter. Therefore, they are asking for your guidance in helping to prioritize their work by determining if the current Council has an interest. BMB:lgk Enc. C:\crc\spending.cc lð - I I/'2 - 4: 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691·5037 -----" -.-.. · MINUTES QF A REGULAR MEETING OF THE CHARTE~ REVIEW COMMITTEE ( NOVEMBER 28, 1994 November 28, 1994 Council Conference Room 4:30 p.m. ----------------------------------------------------------------- MEMBERS PRESENT: Bob Campbell, Sharon Reid, Jack Blakely, Rosie Bystrak and Deric Prescott MEMBERS ABSENT: Janet Lawry (excused) and Linda Brown (unexcused) STAFP PRESENT: City Attorney Bruce Boogaard, Director of Personnel Candy Boshell OTHERS PRESENT: Board of Ethics Membër Susan Herney The meeting was called to order by Chairperson Campbell at 4:40 p.m. The roll was called and all members were present except Member Lawry, who was excused due to her father's illness, and Member Brown who was unexcused. MSUC (Prescott/Blakely) to approve the minutes of the November 7, 1994 regular meeting. Chairman Campbell introduced Candy Boshell who was requested to attend the meeting and provide the Commission with a definition regarding classified v. unclassified employees. Ms. Boshell explained that the majority of employees are classified thereby protected by the Civil Service Rules, subject to the merit principle and afforded rights of appeal. Unclassified employees serve at the pleasure of the appointing authority, hence the term, "at will". The number of unclassified employees is limited and include executive level Positions, higher level mid-management positions and a very few secretarial Positions. .She commented she never fully understood why secretarial positions are unclassified because they do not have the level of authority that other unclassified positions have. Member B¡akely questioned the Charter lumping together the departments of the City' Manager, City Attorney, City Clerk and Mayor/city Council and their \1nclassified secretaries into one statement and whether or not they can be combined into one blanket statement. Bob Campbell explained that the Mayor wants the right to hire and fire both secretaries, b\1t he did not see it as a problem. He felt that was ·not good govèrnmental orqanization a~d that the second secretarial position should be classified. Ms. Boshell pointed out there are mechanisms to terminate an employee by documenting 0---0- ----.-, J). J.. ~---- -- -- -~------ ______ ____.__.'"'_____n_____ . . Charter Review Commission Minutes November 28, 1994 ( Page 2 employee performance deficiencies and, therefore, keeping the protection of the Civil Service system intact. M~mber prescott mentioned in the school district, a secretary to an Associate Principal deals with sensitive material, and felt there was a similarity between that position and City staff, and could understand the Charter designating secretaries as unclassified because of accountability. . Sharon Reid suggested we might want to simplify the language in the Charter by stating "All staff in the Mayor and Council office shall be in the Unclassified Service." Attorney Boogaard sta~ed the reasons to have Civil Service are to prevent political favoritism and allow the lower level of staff to keep government going. Director of Personnel brought up an equity factor in having the second secretarial position be unclassified. Recruitment would be more difficult when said position is being paid the same amount of money as other secretaries who have the protection of Civil Service and the hiree may choose to transfer to another department at the same rate of pay to have more continuity of employment. Bob Campbell pointed out that Mayor Nader was the only one to make the request--it was not from the entire Council and he would like to talk to Mayor-elect Horton to apprise her and defer any final decision until a later meeting. He felt there was no rush because the position is currently a classified filled position. ReDresentative from Board of Ethics: Bob Campbell introduced Susan Herney of the Board of Ethics who was present at tOday's meeting to discuss Mayor Nader's proposal on voluntary campaign expenditures which. was presented to both commissio~. Member Blakely questioned why a Charter amendment was necessary and Attorney Boogaard explained it was so the Board of Ethics could set the dollar limit and it would be given voter sanction. . The City's ordinance allows contributions only from individuals, but the state law allows corporate contributions. Member Blakely thought the solution might be to change the City law to match state law although Attorney Boogaard pointed out the problem of giant loopholes when corporate money gets into city elections, especially at the last minute. /ø2. y .-..--. -.... .----...--..-.- ~ --- - ~ .._--~".- --- . . Charter Review Commission Minutes November 28, 1994 ( Page 3 - Discussion ensued among the members regarding the huge monitoring burden involved with possible violations of the proposed ordinance; constitutional guarantees of freedom of speech to contact voters; more stringent reporting duties by lEC's and large corporate expenditures at the last minute. MS (Blakely/Reid) to send Tim Nader's proposal back to the City Council to look at regulation of campaigns and to make changes in the form of an ordinance if the Council feels it is necessary. Motion passed 4-1 (Campbell voting "no"). Chairman Campbell had hoped it would be possible to work with the Board of Ethics on the proposal and to make inquiries through Mayor-elect Horton to find out how aware the rest of the Council is. Jack Blakely stated if Council desired, they could send it back to the Charter Review Commission to Work with the Board of Ethics. Chairman Campbell was requested to draft a letter to the Council setting forth the Commission's motion. The Commission decided to have their next meeting on Monday, December 19, 1994 at 4:30 p.m. The meeting adjourned at 6:15 p.m. ¿p~ 1!~ Lorraine Kraker, Secretary C:\crc\.1nute\11-28_94..1n / -.. --- ~..--.._. 1.2''1 - - ___n__'·__··_ .'.--.-.- -- - -'."-.J !"" é) ,'(j .J RECEIVED 'M ŒC 115 P2 :46 CHARTER REVIEW COMMISSION It'! OF CHULA VISTA 276 Fourth Avenue " Y CLEM'S OFFICE í' Chula Vista, CA. 91910 December 7, 1994 The Honorable Mayor and City Council 276 Fourth Avenue Chula Vista, Ca. 91910 Dear Mayor and Councilmembers: The Charter Review Commission, at its meeting of November 28, 1994, voted 4-1 (Campbell voting "no") to forward Tim Nader's proposal regarding voluntary spending limits to the entire Council for consideration. Said proposal is attached for your honorable body's review and possible direction back to the Charter Review Commission if the assistance of Commission is desired. Very truly yours, CR~ C. R. Campbell Chairman Ene. CRC:lgk 1.2--.5 .- ..-..-....-.-.----- _.------- I , November 3, 1994 ( MEMO TO: Board of Ethics and Charter Review Commission FROM: Tim Nader, Mayor .¡:;:::- /l.~~ SUBJECT: PROPOSED CHARTER AMENDMENT Members of the Charter Review Commission, as well as the general public, have expressed concern about the increasing role of "independent expenditures" in local political campaigns. Specifically, there has been concern that these expenditures circumvent the intent of the City's campaign financing regulations. Unfortunately, the U. S. Supreme Court in Bucklev v Vall eo has prohibited restrictions on the amount of independent expenditures. However, I believe that regulations requiring advance disclosure of independent expenditures, similar to that currently required of candidates who spend their own funds in substantial amounts, would be constitutional. ( I also believe that even under Bucklev. it is permissible to impose volun.tary spending limits on candidates' campaigns with sanctions imposed for violating a voluntary limit once it has been agreed to. I have drafted a Charter amendment which I believe would go as far as the law allows us toward reforming the campaign finance system in our City, and maximizing public disclosure of who is spending how much to get who elected. I am circulating this proposal to the -Boíird of Ethics as well as to the Charter Review Commission, because I believe that if there is to be a voluntary spending limit established, with the sanctions proposed for a candidate who breaks his/her word after agreeing to them, there needs to be an independent City body that sets the voluntary limit ahead of time, in a manner subject to public input and review. I believe the Board of Ethics is probably the most logical body to serve this function, as its appointment process is the furthest removed from pOlitical considerations, and because its function inherently involves consideration of the avoidance of undue influence over City officials by special interests. ( I,).' V _.__"___n__.______ _ __...,__.__ ___ _________~__..______ ---_..- . . In order to assign the Board of Ethics a role under the City Charter, I believe the Board '- of Ethics must be made a Charter-created commission. This draft proposal would accomplish that, and would write into the Charter the process for appointment for the - Board of Ethics. I am not personafly set in concrete on every word in this proposal; it is a discussion draft which I nonetheless hope will be acted on expeditiously. Its conceptuaf framework represents the best, and perhaps the only way to assure the closest thing possible to a fair electoraf process in which speciaf interest influence is minimized and public accountability is maximized, within the confines which have been imposed by the U. S. Supreme Court. I will be planning to attend the Charter Review Commission on November 7th and the Board of Ethics meeting on November 14th to answer any questions. Thank you for your continued service to our community. . ( TN:pw Encls. . ( - /,).. 7 -~.._, -.----.-....---..- 0' .__~_.____",.. _..______~___.___.._____.___.._ __.,,___,__, ________.___._ _.__.___.___.__...____w_ .'_.__.__ · Proposed Charter Amendment - Campaign Spending Limits ( I. section 602(a) of the Charter is amended to read: (a) Appointments and Terms. Except for the Board of Ethics. the members of each of such boards or cOI!lIl\issions shall be appointed, and shall be subject to removal, by motion of the City Council adopted by at least three affirmative votes. The members thereof shall serve for a term of four (4) years and until their respective successors are appointed and qualified. Members of such boards and cOI!lIl\issions shall be limited to a maximum of two (2) consecutive terms and an interval of two (2) years must pass before a person who has served two (2) consecutive terms may be reappointed to the body upon which the member had served¡ provided, further, that for the purpose of this section, an appointment to fill an initial term or an unexpired term of less than two (2) years in duration shall not be considered as a term¡ however, any appointment to fill an initial term or an unexpired term in excess of two (2) years shall be considered to be a full term. II. Section 602(c) of the Charter is amended to read: (c) vacancies. vacancies in any board or cOI!lIl\ission except for the Board of Ethics. from whatever cause arising, shall be filled by appointment by the city Council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such ( term. If a member of a board or cOI!lIl\ission is absent from three (3) regular meetings of such body consecutively, unless by permission of such board or cOI!lIl\ission expressed in its official minutes, or is convicted of a felony or crime involving moral turpitude, or ceases to be a qualified elector of the City, the office shall become vacancy and shall be so declared by the city Council. III. section 613 is added to the Charter to read: Board of Ethics: Powers and Duties There shall be a Board of Ethics comprised of 7 members who shall be appointed by the'City council upon recoI!lIl\endation by a judge of the Municipal or Superior Court seated in the South Bay district. Not less than 10 days following posting by the City Clerk of announcement of opportunity to apply for a vacancy on the Board of Ethics, the Mayor shall convey copies of all applications received ·to the presiding Judges of the Municipal and Superior Courts in the South Bay district, and request recoI!lIl\endations. Not less than 60 days following said conveyance by the Mayor, if no recoI!lIl\endations have been ~eceived from a judge, the City Council may appoint with not less than four affirmative votes following a public interview in which all applicants for the Board of Ethics within the previous two years shall be invited to participate. No ( , person shall be appointed as a member of, or shall retain membership on, the Board of Ethics if he/she has been convicted of 1.2-'1' ~. M__~"__'___._____... ___._.._....__.._._ ..._...._...________.___..____..... _..._,~.__...______ _____.__.._. .._~-_.- ..-.---.-..-- -_..-_.__..._-_......_------~._---_._------ a crime involving moral turpitude or has been found to have committed a violation of the Fair Political Practices Act. The Board of Ethics shall prescribe voluntary campaign spending limits as provided in Section 905, and shall have such other powers and duties 'as prescribed for commissions in this Charter, or as may be prescribed by the city Council. IV. section 905 is added to the Charter to read: (a) No later than 12 months before any regularly scheduled election for city office, the Board of Ethics shall hold a public hearing for the purpose of taking evidence and testimony regarding voluntary spending limits for candidates campaigning for city office. No later than 11 months prior to any regularly scheduled election for city office, the Board of Ethics shall adopt a voluntary spending limit for city campaigns. If the Board of Ethics fails to act by such time, the voluntary spending limit adopted under this section for the prior election cycle sha 11 remain in effect for the following election cycle. The spending limit for a recall election shall be the spending limit in effect in the prior election cycle. Upon adoption of the voluntary campaign spending limit, the Board of Ethics shall cause its determination to be provided to the City Clerk, who shall post it in a public place for the duration of the election cycle, to all ( public library and recreation buildings, which shall also post it for the duration of the election cycle, and to any news media or others who may be designated by the Board of Ethics. At the time candidates for elected city office file their nominating papers with the City Clerk, a form shall be provided by the City Clerk on which the candidate shall indicate his/her willingness to abide by the voluntary campaiqn spending limit established by the Board of Ethics, substantially as follows: I am willing to abide by the limit on campaign spending for city office recommended by the Chula vista Board of Ethics: Yes N /s/ At the close of filing, the city Clerk shall prepare a list indicating the response on the above form by each candidate for each office, and shall make ,it available to the public and to each candidate. In addition, the city Clerk shall cause to appear on any ballot statement submitted by any candidate for city office, either, "This candidate has agreed to abide by the voluntary campaign spending limit established by the Chula vista Board of Ethics" , or, "This candidate has not agreed to abide by the ( ~ voluntary campaign spending limit established by the Chula vista Board of Ethics". I:;" c¡ ______ _"_..__m_..__·.__._._..·. _ ________ _____~______ _ _ _______n__ __ _ ._..__ _________ If and only if all candidates for an office have agreed to the ~ spending limit provided herein, it shall become binding on those candidates and a knowing violation shall render such candidate ineligible to hold the office sought. -' (b) Any entity making an independent expenditure in a city election subject to state disclosure requirements in effect as of the adoption of this section must notify the City Clerk and all candidates in the campaign in which the expenditure is to be made, not lesS than 30 days prior to the election, by registered mail or personal delivery, of their intent to make an independent campaign expenditure, the candidate(s) or position(s) in support or opposition of which the expenditure is to be made, and the amount of the expenditure to be made. Any entity making an independent . political expenditure under this section shall have deposited, prior to making the notice required under this section, in a political campaign account, funds in the amount specified in said notice. Notice provided to the City Clerk under this section shall be a public document. Notwithstanding anything in subdivision (a) , a candidate against whom an independent expenditure is being made shall have any spending limitation to which he/she is subject raised by the amount of that independent expenditure, and any candidate whose opponent(s) is/are the beneficiary of an independent expenditure(s) shall have any spending limit to which he/she is subject raised by the sum of such independent expenditures on behalf of opponents. ( (c) Nothing in this section shall prevent the city from imposing additional restrictions on campaign spending. ( - /~-/~ ~'-----_.-."-_."----_._-- ',,--.---_. ~-------~-- - -_._._-~~._-- ._--~..__.,-- COUNCIL AGENDA STATEMENT Item~ Meeting Date 01/10/95 ITEM TITLE: Resolution I ì-, 'i\.( Approving the submission of an application to the Economic Development Administration, U.S. Department of Commerce, for Two Million Dollars to fund the Border Environmental Commerce Alliance, approving a City cash and in-kind contribution and the necessary funds therefore, and authorizing the Community Development Director or his designee to sign the application and all related documents SUBMITTED BY: Comm,,;, D'''''opm'~' c." REVIEWED BY: City Manager~ ~ ~ (4/5ths Vote: Yes..x. No_) Council Referral No. N/A BACKGROUND: The BECA program originated in early 1993 with direction from Council to develop a "Demonstration Program" to encourage environmentally sensitive business development. Based on Council, public and private input, the program has evolved from a local concept to a regional one, and from a Border Environmental Commerce Zone (BECZ) to a Border Environmental Commerce Alliance (BECA). The BECA program is a highly innovative economic development initiative that targets assistance to a particular industrial sector identified by recent regional economic development strategies as having high growth potential (i.e. environmental businesses). The BECA program optimizes available business assistance resources through public/private partnerships and ties into an existing county-wide Economic Adjustment (Defense Conversion) program. (This existing regional economic conversion program is funded by the federal Economic Development Administration (EDA) and administered by the City of San Diego.) The BECA creates a one-stop Environmental Technology Research Center and Environmental Business Incubator within the City of Chula Vista, and offers these services to environmental businesses from throughout the County, thus establishing Chula Vista as a leader in providing aggressive assistance to technology-based targeted, high-growth industries. This staff report updates Council on the City's efforts to obtain State and federal funding for BECA and requests Council actions needed to do so. Specifically, staff recommends authorization to submit a final application for $2 million to the U.S. Economic Development Administration. It should be noted that the intent of BECA is to ultimately spin-off from the City as a self-supporting, regional serving non-profit which will continue to generate economic benefits for Chula Vista and the San Diego region. Because this is a totally new and unprecedented program, there are no guarantees for its success. However, BECA has been structured with minimal exposure to the City and has received endorsements ranging from the Secretary of the Califomia Trade and Commerce Agency to the City and County of San Diego, and includes numerous experienced partners, including the organizations which will be subcontracted to administer the Resource Center and Incubator - i.e. Southwestern College and Califomia Business Incubator Network, respectively. RECOMMENDATION: That Council adopt the resolution approving the final application to the Economic Development Administration in the amount of $2 million, including the commitment to: 1) provide $667,218 in total matching funds of which $119,977 is City cash match; 2) to contribute an additional $42,223 for EDA ineligible building-related costs (for a total cash contribution of $162,000); 3) to authorize the use of $65,200 in FY 1993/94 CDBG funds previously appropriated for the Interim BECA Director, of $65,000 in previously appropriated CDBG City Planning/Administration funds, and of $32,000 in previously appropriated FY 1994/95 CDBG project surplus funds for the City's required total contribution of $162,000; 4) to provide the designated in-kind staff time; and 5) to provide the necessary office space and overhead for the three federally funded 13-\ . - .-.---------"----. .-. Page 2, Item~ Meeting Date 01110/95 BECA administrative staff to be hired as interim city employees over the three year life of the grant. Further, that Council adopt the related resolution being submitted with the EDA application (see Attachment A, Part I, Exhibit I-A-2). BOARDS/COMMISSIONS RECOMMENDATION: The Economic Development Commission has identified the BECA program as one of its priority projects for the past two years. The EDC also recommended on July 6, 1994 that Council prepare an EDA grant application for the BETRC and the BEBC (vote 5-0-2, Brené Patrick and Liz Lebron absent; 2 vacancies). See Minutes, Attachment A. DISCUSSION: This report will discuss the history of the BECA project, the scope of the BECA proposal (i.e. what functions will it serve?), BECA Administration and staffing, needed BECA-related contracts, the nature of the Final EDA application, and the estimated fiscal impact to the City. A. History of BECA PROJECT In early 1993 Council directed staff to pursue the development of an "Environmental Enterprise Zone" to create a demonstration program to encourage environmentally sensitive business through incentives and an incubator program. Council formed a Subcommittee including Councilmembers Fox and Horton and also formed a related Task Force. Recognizing the need for a regional approach, the Task Force proposed the creation of a reoional (South bay) Border Environmental Commerce Zone (BECZ) which included an additional component _ an Environmental Technology Resource Center. Council approved these recommendations in concept in May 1993. The BEBZ was described as a "regional program to: 1) create jobs; 2) encourage environmentally sensitive businesses to locate in the Southbay; and 3) encourage environmental-related international trade and clean-up." On April 7, 1994 Council approved restructuring the program as a "Border Environmental Commerce Alliance" (as a result of extensive public and private input) with three related economic development initiatives: 1) an Environmental Technology Resource Center (BETRC), 2) an Environmental Business Cluster (BEBC) -- the incubator program -- and 3) a BECA Demonstration Area. The mission of the new "BECA" became "to assist and promote environmental product and service businesses, to support the development and commercialization of environmentally sustainable technologies, and to attract and incentivize companies utilizing environmentally-. friendly processes through successful public/private regionally-based partnerships." On April 7, Council also endorsed staffs intent to seek state and federal grant funding for two of the three BECA initiatives, i.e. the Resource Center and the Incl:lbator, and to do so through a cooperative effort with the City of San Diego. On May 18, 1993 Council appropriated $100,000 in CDBG funds to support the BECZ program. In February 1994, CalEPA and the California Trade and Commerce Agency announced support for three Environmental Business Cluster incubators to be located statewide, including the incubator in Chula Vista. On July 19, 1994 Council received the Draft EDA pre-application and approved the updated "BECA Project Plan." The EDA pre-application and 35-page Project Plan outlined the BECA as an extension of the existing EDA-funded San Diego Economic Adjustment Program as well as of the State's Regional Technology Alliance (RT A) and emphasized six goals: 1) support environmental business and job creation; 2) encourage and the attraction of environmentally-friendly industry to the border area; 3) encourage cross-border environmental protection and clean-up; 4) support defense conversion efforts; 5) encourage the development, commercialization and export of U.S. environmental technologies/products/services; and 6) implement an Environmental Technology Demonstration Program (within a Demonstration Area). On July 19, Council directed staff to: 1) prepare an application to the Economic Development Administration (EDA) for federal funding of the Environmental Technology Resource Center and the Environmental Business ~. 2- ..-... .-----..--..-------- Page 3, Item~ Meeting Date 01110195 Incubator; 2) request $100,000 in matching funds from the state; 3) identify potential City of Chula Vista matching monies; 4) pursue the donation of BECA building space from Rohr; 5) pursue Port District matching funds; 6) submit the EDA proposal to the San Diego Technology Council and City Council for formal approval; and 7) develop a proposed BECA Advisory Board. Subsequent to this direction, the following was accomplished: Staff submitted a pre-application to EDA in the amount of $2.346 million and has now been invited to submit a formal application in the amount of $2 million by January 14,1995. (The EDA pre-application included a refined "BECA Operations Plan" dated October 12, 1994, (replacing the "Project Plan"), and an Environmental Industry Market Assessment, both of which had been reviewed and approved by the BECA Council Subcommittee.) The October 12,1994 Operations Plan emphasized the relationship of BECA to the regional Economic Adjustment Program and the San Diego Technology Council, identified the donated Rohr building, identified new BECA partners such as CalEPA (including a proposed BECA Advisory Board), detailed the proposed subcontracts with Southwestern College and Califomia Business Incubator Network for administration of the Resource Center and Incubator, respectively, and provided the overall budget including BECA personnel and operating costs. The EDA pre-application has been endorsed by both the San Diego Technology Council and the San Diego City Council. Staff has submitted an application to the state for $100,000 in matching funds which is currently pending. (The State matching grant application was sent to the entire Council on November 21, 1994 and included the EDA Pre-Application and the "BECA Operations Plan".) In terms of BECA building space, Rohr, Inc. has agreed to make an 18,000 square foot facility available for the life of the grant for use by the Resource Center and the Incubator. This is being accomplished in partnership with the Port District which has agreed to waive underlying land lease fees. B. SCOPE OF PROPOSAL The Final Application for $2 million is provided as Attachment B. The proposal calls for the creation of the Border Environmental Commerce Alliance (BECA) and the development of the two BECA initiatives: a Border Environmental Technology Center (BETRC) and a Border Environmental Business Cluster (BEBC) incubator program. The BECA program is an extension of the existing federally funded San Diego Economic Conversion Program, both geographically and programmatically. The environmental industry has been identified by the San Diego region's defense conversion plan as one of eight industrial sectors that should be targeted for specialized support as part of a defense conversion strategy. Chula Vista also commissioned an Environmental Industry Market Analysis which confirmed the viability of a strategy to encourage the expansion of the environmental industry in this region. BECA extends the existing defense conversion program through the creation of a public/private partnership which supports the development, commercialization, and exportation of environmental technologies in order to encourage the start-up of new environmental companies, the expansion of existing environmental companies, and the creation of new jobs for displaced workers. The two key BECA initiatives -- the Resource Center and the Incubator - will be co-located at the Rohr donated building in the City of Chula Vista. These two programs are described below: Border Environmental Technoloav Resource Center {BETRC} The Border Environmental Technology Resource Center -- referred to hereafter as Resource Center, will serve two primary roles, including: 1) providing a South Bay satellite to the existing San Diego High Tech Resource Center and the state-sponsored San Diego Regional Technology Alliance, offering easy access to all existing Economic Conversion Program resources for all South Bav technoloQV-based businesses; and 2) providing a one-stop-center for state-of-the-art environmental technology information, and technical, export, and business \~-~ ---~~-, '" . ...-----,,-----,-,-- -.-,---------.---"-".--..-- Page 4, Item_ Meeting Date 01110/95 development assistance for environmental companies from throuClhout the Countv. The Resource Center will offer the following environmental technology services: 1) Environmental Technology Clearinghouse; 2) Technical Assistance; 3) Business Development Assistance; 4) International Trade/Mexico Market Assistance; and 5) Environmental Management Training. Staff is currently also pursuing a partnership with SDG&E and the state to provide for a specialist in environmental regulatory compliance assistance; however, this is not included in the EDA application. The Center will attempt to become the cross-border, one-stop source for state-of-the-art environmental technology information, offering environmental business technical, export and general business development assistance, and leading edge pollution prevention and waste minimization training. The Center also proposes to offer environmental regulatory compliance services. The Center will serve the environmental industry throughout the San Diego region coordinating specialized environmental industry resources in partnership with CaIEPA, California Trade and Commerce Agency, the California Energy Commission, the California Environmental Technology Center at UCSD, and the U.S. Department of Commerce. The Center will also link directJy to the San Diego High Technology Resource Center and its public/private partners such as the Center for Applied Competitive Technologies (CACT), UCSD Connect, the Federal Lab Consortium and the Supercomputer Center, and will be an integral part of the State-designated San Diego Regional Technology Alliance (RT A), providing specialized expertise to businesses seeking state and federal funding for environmental technology commercialization. The key Resource Center functions are described below: · Environmental Technology Clearinghouse The Resource Center will serve as a cross-border environmental technology and regulatory clearinghouse. This is in response to the tremendous volume, complexity, and current decentralization of information related to the environmental industry, emerging pollution prevention technologies, and compliance issues. The Resource Center will assist businesses on both sides of the border in understanding what information and assistance is available and how to access ii including environmental database access (e.g. federal laboratory- based research), professional research services, and personal counseling. · Environmental Business Technical Assistance Examples of the types of technical assistance to be provided include: · Environmental business market research and analysis · Environmental laws and regulations · Environmental technology transfer/commercial business planning and management techniques · Analysis of existing manufacturing processes and assistance in applying sustainable technologies/environmental management techniques · Matching of environmental technology with manufacturing production capacity · Accessing state, federal and international procurement/contract/grant opportunities · Matchmaker services - joint ventures or investment opportunities, including consortia-developed technologies · Environmental Business Cross-Border Trade Assistance The Resource Center will provide specialized service related to expanding markets for U.S. based environmental technologies/goods/services in foreign countries, with an emphasis on Mexico. Center staff will assist in identifying and accessing US and International markets and distribution channels. Staff will identify and match U. S. product/service providers with Mexican companies needing to meet environmental standards and to improve operations/productivity through front-end pollution prevention techniques. Additionally, the Center will offer seminars, tours and reverse trade missions for Mexico government officials and private business representatives interested in such topics as energy conservation and pollution prevention, as well as joint venture partnerships or contracting opportunities. I~-~ --.---.. --.---.--------- Page 5, Item~ Meeting Date 01/10/95 · Environmental Business Development & Financial Assistance The Resource Center will link with the Southwestern College Small Business Development and International Trade Center, the San Diego High Tech Resource Center, and broad ranging other environmental industry support services - academic, public and private - to assist environmental businesses in areas such as business planning, management and productivity training. The center will also offer intemational matchmaker services and be a clearinghouse for environmental industry financing resources. · Environmental Management Training Resource Center staff will promote the use by industry of sustainable technologies in order to reduce their escalating costs in the areas of regulatory compliance and environmental liability. Training seminars and one- on-one counseling will be offered in areas such as hazardous waste disposal techniques, the incorporation of cutting-edge pollution prevention methods into manufacturing processes, pollution control equipment, and long term waste reduction strategies. · Environmental Regulatory Compliance Assistance The Resource Center proposes to provide satellite services to the existing Business Environmental Assistance Center (BEAC) at Cal State Fullerton (sponsored by California Trade and Commerce Agency). This particular function is not included in the EDA application and depends upon funding from SDG&E and/or the state. If funding were received, the Center would provide environmental compliance and technical assistance through one-on-one counseling and seminars. Center staff would visit businesses to identify measures needed, assist in locating financial assistance for pollution control equipment, make consulting referrals, provide information related technologies, and the Center would serve as a matchmaker for Mexican companies needing compliance related consulting services or equipment. Border Environmental Business Cluster {BEBC} Many of the new jobs created in the rapidly expanding environmental industry will be from start up firms. The Border Environmental Business Cluster (BEBC) - an environmental business incubator - is being designed to serve start-up businesses focusing on environmental technologies, approaches to sustainable developments, and environmental efficiency. The incubator program has been developed as a collaboration between the City of Chula Vista, Business Cluster Development (BCD) -- the private firm involved in starting up all three state sponsored environmental business incubators -- the non-profit California Business Incubator Network (CBIN), CalEPA and the California Trade and Commerce Agency. As noted, CalEPA has identified our incubator as one of three state-sponsored "Environmental Business Clusters", or incubators. The incubator will serve as a launching pad for new environmental businesses by offering: easy access, proximity to the U.S.lMexico border, short-term and affordable lease rates, flexible tenant space, meeting room space, shared staff support and equipment, plus on- and off-site professional support in areas such as business planning, financing, marketing, and technology transfer. Tenants must fall within a broad definition of environmental firms and be in the first or second year of operation. The incubator will offer these firms a unique demonstration and industrial process facility and will help to shepherd environmental technologies from the laboratory into production and out into the national and international markets. The incubator facility will also serve more mature businesses by offering room to expand and specialized services such as venture capital strategies. \3-5 .~_.__._~,._.- .--~"_._--'--'--~~-'--------' Page 6, Item13..- Meeting Date 01/10/95 C. BECAADMINISTRATION/STAFFING The final application requests funding for three administrative personnel - the BECA Director, Contract Manager, and Administrative Assistant (see job descriptions, Attachment B). These positions would be hired as Interim City employees (for the life of the grant only), would report to the Community Development Department, and are proposed to be located within the general City Hall complex. It should be noted that the creation of these three full-time positions have been strongly recommended by the following sources: 1) the EDA regional administrator; 2) the City of San Diego Economic Development staff (based upon their experience with their EDA grant); and 3) Dean Wylie of Southwestern College (based upon her experience with similar state/federal grants) and are highly recommended by staff based upon staffs understanding of both the program administration and EDA contract administration requirements. The application also requests funding for two subcontractors to implement and oversee the two initiatives, i.e. a contract with Southwestern College to administer the Resource Center, and a contract with California Business Incubator Network to administer the Incubator. The Resource Center subcontract will call for hiring 3.5 professional staff (a BEBC Manager, Environmental Business Development Specialist, Cross-Border Environmental Marketing Specialist, and Environmental Management Specialist) and 2 clerical staff. The Incubator subcontract will call for hiring an Incubator Manager and an Administrative Assistant/Receptionist. (The Resource Center Business Development Specialist will provide 50% of his time to incubator tenants.) For an illustration of the BECA organization, see Attachment C. Staff anticipates receiving notice of award (or denial) by early February 1995. The EDA grant is proposed to commence July 1, 1995 and would continue for a period of three years. There is no obligation for the City to continue the BECA program after that time. However, a stated goal is to develop the program as a non-profit entity that can "spin off" from the City and be self-supporting through incubator rental income, grants, client fees, corporate sponsorships, and the like. Based upon the need to have BECA administrative staff on-board upon receipt of the EDA monies, staff intends to proceed to immediately recruit the BECA Director, Contract Manager and Administrative Assistant with hiring contingent upon receipt of the EDA (and State) awards. It should be noted that a Resolution appropriating the EDA grant monies will be brought to Council upon receipt of the award and that City Interim personnel would be formally authorized by Council at that time. D. BECA CONTRACTS As discussed above, following award from EDA, Council will need to execute agreements with Southwestern College and California Business Incubator Network (CBIN) for the administration of the Resource Center and Incubator, respectively. This will entail amending the existing Agreement with CBIN and the related Agreement with Business Cluster Development (BCD) (see Attachment D). (These previously approved agreements essentially provide for CBIN and BCD to oversee start-up of the incubator, and for BCD to secure corporate sponsorships for the Incubator program, receiving a fee from funds raised.) Council will also need to execute the following agreements: 1. Lease with Rohr. Inc. for the use of an 18.000 sauare foot buildina. rent free. The City will be responsible for items such as maintenance and insurance which have been included in the EDA Grant application. The City will also be responsible for building fix- up as a cash contribution (see Fiscal Impact). 2. Memorandum of Understandina with the City of San Dieao outlining how the BECA program will interface with the existing EDA-funded Economic Conversion Program (Le., San Diego High Tech Resource Center, Technology Incubator, World Trade Center, I~-~ ---'"-,._~----~_._----- - Page 7, Item~ Meeting Date 01/10/95 and San Diego Technology Council) and the state-sponsored Regional Technology Alliance (RTA). E. FINAL EDA APPLICATION CONTENTS As noted, EDA has already reviewed the full preliminary application which included the Market Assessment and Operations Plan. This Final Application (Attachment B) will be reviewed by EDA more from a regulatory perspective than a programmatic one. The Final Application, therefore, includes: summaries of the proposal, specific information regarding EDA-funded personnel, legal and regulatory assurances, environmental information, miscellaneous information regarding community input, and the Final Budget. FISCAL IMPACT: The BECA overall program budget for three years is $2,667,218. The EDA request is $2,000,000. The $667,218 difference is the required cash and in-kind match which is discussed in item "A" below. The overall BECA budget is broken into two budget formats: one for submission to EDA showing the EDA request and "allowable" budget items (Attachment E, "EDA Budget"), and one also including "unallowable items", i.e., projected program revenues that are not currently in hand (Attachment F, "Program Budget"). The EDA budget, Attachment E, must show how BECA can operate with EDA funding and only those dollars which the City is willing to guarantee. Attachment F, however, provides a more realistic view of the BECA program's projected income as well as expenditures. The Program Budget includes projected Incubator rental income as well as corporate sponsorships (donations) to be raised by Business Cluster Development (BCD). This projected income will be utilized to augment certain budget items as it is generated (see item "B" below). However, this anticipated program-generated revenue is not included in the EDA submission due to' the fact that any program income "committed" in the EDA budget must be guaranteed by the City. A. EDA BudQetlReQuired Match (Cash and In-Kind) The EDA budget requires $667,218 in cash and in-kind matching funds for the three year period. The proposed matching funds are as follows: MATCHING FUNDS SOURCE 3-YEAR MATCH AMOUNT CASH: State Defense Conversion Matching Grant *$100,000 City of Chula Vista 119,977 IN-KIND: Staff in-kind Services 26,009 · Economic Development Manager (@ 10%) 18,264 · Community Development Specialist II (@ 10%) 16,258 · Community Development Specialist I (@ 10%) 7,881 · Administrative Secretary (@ 5%) Rohr Inc. Donations · Furniture 28,909 · Building Lease (3 years) 349.920 TOTAL $667,218 * NOTE: The State has reviewed our application and has informally indicated that the State. grant will be awarded upon award from EDA No problems are anticipated. However, in an unforeseen worse case scenario, the City would be obligated to provide this match should the state grant "fall through." 13-) 1........_ -,c. Page 8, Item~ Meeting Date 01/10/95 S. Total City Cash Contribution In addition to the City's cash match of $119,977, the City will need to contribute the cost of the needed improvements to the Rohr building, estimated at $38,223, and the cost of a Phase I Site Assessment, estimated at a maximum of $4,000. (These building-related costs, including painting, fencing and installation of shipping and receiving doors, cannot be included in the EDA budget as a cash match because it would trigger a requirement that the program be continued for 15 years.) This brings the required City contribution to $162,000. CITY CASH REQUIREMENTS ARE SUMMARIZED BELOW: · City Cash Match (EDA application) $119,977 · Rohr building improvements 38,223 · Rohr building Phase 1 Site Assessment 4,000 TOTAL CITY CASH $162,000 PROPOSED CITY FUNDING SOURCES ARE SUMMARIZED BELOW: · Previously appropriated FY 1993/94 CDSG funds for BECA administration (balance) $ 65,200 · Previously appropriated CDBG City Planning/Administration funds 65,000 · Previously appropriated completed CDSG projects surplus funds 32.000 TOTAL $162,000 B. Non-EDA "Proaram Budaet" (Reflectina Proiected Proaram Revenues) As discussed above, anticipated program revenues are included in the Non-EDA "Program Budget", Attachment F, which reflects anticipated program-generated revenues that can be used by BECA but cannot be included in the EDA APplication unless the City is willing to guarantee them. It is important to note that the BECA program could operate under the EDA budget but only at a very "bare bones" level. The anticipated revenues are: PROJECTED 3-YR PROGRAM REVENUE SOURCE REVENUES Incubator Rental Income $301,200 * 177 .405 Corporate Sponsorships TOTAL $478,605 * Note that the corporate donations will be raised by Business Cluster Development, per our original agreement (see Attachment D) which will be updated and revised to reflect current conditions if the EDA grant is approved. These program revenues will be used to raise the BECA program from its "bare bones" EDA budget to a higher, more realistic service level. It is generally projected that these revenues will be used to provide for the following: 13>-~ _..~- ---~-_..._.._- Page 9, Item~ Meeting Date 01/10/95 PROJECTED PROGRAM BUDGET ITEM REVENUES (3-YR) Fundraising & Incubator Development Fee (BCD, Year 1) $60,000 Incubator Non-Profit Administration Fee (Year 2 & 3) 30,000 Incubator Manager (20% salary Year 2 & 3) 27,136 MIS Coordinator (PT, Years 2 & 3) 16,000 Enhanced Resource Center level of service (Years 1, 2 and 3) 143,584 Enhanced Incubator level of service (Years 1, 2 and 3) 131,700 Equipment Lease Buy-Out (Year 3) 10,185 Program Reserve (Years 1, 2 and 3) 60.000 TOTAL $478,605 C. Total City Fiscal Impact As discussed above, the City needs to commit a total of $162,000 in cash, with funding coming from already appropriated, previous year, surplus CDBG funds. Additionally, a minimum of $68,412 is required in City staff in-kind services (Community Development Department staff, per Item A above). The EDA grant will fund the three BECA Administrative staff who will be hired as Interim City employees; however, staff is recommending that the City provide office space for these personnel at the Civic Center complex. Options include the vacant legislative offices. On one hand, this could be viewed as an opportunity cost to the City (assuming the space could be leased at market rates, or that City staff currently paying rent at the EI Dorado offices could be relocated at no costs). On the other hand, there may be potential to use BECA program income to pay a "discounted" rent. Finally, there is an indirect cost (non-cash) to the City of overhead for the BECA program, e.g. legal, management, finance, personnel support to the BECA Director, Contract Manager and Administrative Assistant. This overhead for the BECA Administrative staff is estimated (using the City's Full Cost Recovery factor) at $37,000 per year. ATTACHMENTS Attachment A - EDC Minutes (July 6, 1994) Attachment B - Final EDA Application Attachment C - BECA Organizational Chart Attachment D - Existing Agreements with CBIN and Business Cluster Development Attachment E - EDA Budget Attachment F - Program Budget [(MD) c:\wp51\document\beca.113] 1~-9/[~- to .__.," ",._,__.__n _ __.__.____~___~_,______,__.__._.~.._n_____ RESOLUTION ) 7 7 y,/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMISSION OF AN APPLICATION TO THE ECONOMIC DEVELOPMENT ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, FOR TWO MILLION DOLLARS TO FUND THE BORDER ENVIRONMENTAL COMMERCE ALLIANCE, APPROVING A CITY CASH AND IN-KIND CONTRIBUTION AND THE NECESSARY FUNDS THEREFORE, AND AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR OR HIS DESIGNEE TO SIGN THE APPLICATION AND ALL RELATED DOCUMENTS WHEREAS,on the tenth day of January 1995, the City Council of the City ofChula Vista was duly convened upon notice properly given and a quorum was duly noted; and WHEREAS, the Border Environmental Commerce Alliance ("BECA") is a regional border-oriented coalition designed to encourage the development and commercialization of environmental technologies and the start-up and expansion of environmental companies; and WHEREAS, the BECA initiatives, including a Border Environmental Technology Resource Center ("BETRC") and a Border Environmental Business Cluster ("BEBC'), will support and expand the existing federally-funded San Diego Economic Conversion Program; and WHEREAS, BECA programs have been endorsed by numerous state and local govemments, academic institutions, private environmental businesses, Chambers of Commerce, and environmental and economic development organizations; and WHEREAS, the City of Chula Vista deems it necessary to apply to the Economic Development Administration, U.S. Department of Commerce for a grant to implement the BECA initiatives; and WHEREAS, the total program cost is Two Million Six Hundred Sixty Seven Thousand Two Hundred Eighteen Dollars ($2,667,218.00), the City ofChula Vista is applying for a federal EDAgrant ofTwo Million Dollars ($2,000,000.00), and the City will provide a local cash and in-kind match of Six Hundred Sixty Seven Thousand Two Hundred Eighteen Dollars ($667,218.00). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: 1. The City Manager or his designee is hereby authorized and empowered to execute in the of the City of Chula Vista any and all documents necessary to apply for grant funding under the Economic Development Administration, U.S. Department of Commerce, including any amendment(s) thereto, to accept said award, and to sign all documents as required therefore. 2. The City of Chula Vista hereby commits to providing Six Hundred Sixty-Seven Thousand Two Hundred Eighteen Dollars ($667,218.00) in matching cash and in-kind funds, including One Hundred Nineteen Thousand Nine Hundred Seventy Seven Dollars ($119,977.00) in City cash match; to using an additional $42,223 in City funds to pay for BECA-related costs; to providing the designated in-kind staff time, and to providing the necessary on-site office space and overhead for the three federally-funded BECA administrative staff, to be hired as interim City employees, upon award of the grant by EDA. 3. City Council hereby amends the FY 1994/95 budget in the following aspects: 1) The Community Development Block Grant City Planning Administrative surplus funds in the amount of $32,000, Account No. (BG-218) 649-6491 is hereby reappropriated to BECA Administrative/Personnel costs in the amount of $32,000. 2) Prior years completed Community Development Block Grant Capital Improvement Project surplus funds in the amount of $65,000 is hereby reappropriated from Account No. (PR-112) 647-6491 to BECAAdministration/Personnel. In addition to the foregoing appropriations, Council plans on providing its cash match from one additional source to wit, the 1993/94 funds previously appropriated to BECA development costs and BECA interim director services (B 203) 649-6491 and (BG-106) 649-6491, respectively, in the amount of $65,200. D~t' PRESENTED BY: ~ ~ Chris Salomone Bruce M. Boogaard Community Development Director City Attorney HMO) c:\wp51\document\HilO.94 (January 5, 1995») 13-// /f3...QO . ,__ ___ .... _ _H_ _. .~,_._..__. ..____ .~_u. ._..._ ....~_ ...._.. .___.".__m ---_._,._~._-_.- ..------- --.-.-~---.-.--.--~--".--------.-. MINUTES ~#'.!. -- .) ECONOMIC DEVElOPMENT COM');SION ATIACHMENT A CITY OF CHULA VISTA, CALlF'oRNIA Wednesday, July 6, 1994 Conference Rooms 2&3 12:00 Noon Public Services Building CALL TO ORDER/ROLL CALL '-j The meeting Was called to order at 12:10 p.m. Chair Tuchscher introduced the newest member on the Commission, Mr. Glen Lewis. Mr. 'Lewis was appointed as an ex-officio member. Mr. Lewis gave a brief summary of his qualifications and experience. PRESENT: Chair Tuchscher; Members Davis, Compton, Peter, Read, ex officiis Suthertand, Sellgren, Munch, Councilman Moore ABSENT: Members Patñck (unexcused), Lebron; ex officio Clark (unexcused) OTHERS: Pñncipal Planner Gñffin, Public Information Coordinator Gulbransen, Economic Development Manager Dye, CD Specialist II Valenzuela 1. APP~OVAL OF MINUTES. May 4 and June " 1994 MSC (DavislPeter) to approve the minutes as submitted (5-0-4; PatñcJc, Lebron absent; 2 vacancies). 2. NEW BUSINESS' . .. . a. Border Environmental Commerce Alliance Update Cheryl Dye descñbedthe efforts currently underway to . develop an Economic Development JIþ, Administration (EDA) grant application. She explained that staff will present the draft preproposal to the City Council on July 19 for their approval. The application has tWo major components: the BETRC (Border Environmental Technology Resource Center) and the BEBC (Border Environmental Business Cluster). The Chula Vista EDA application Is being developed so as to build on efforts In the City of San Diego. The City of San Diego has received approximately $6,000,000 In EDA .support for a regional economic development program. The major areas that the City of San Diego Is pursuing Include the following: a high-tech council, a high-tech resource œnter, a world trade center, a high tech Incubator and. a seed caþ/tal fund. There are two major components of Chula Vista's program. The BETRC, which Is going to expand San Plego's efforts geographically by creating a satellite technology resource Center to South Bay businesses and to provide specialized environmental technical support county-wlde. . A unique feature of this technology resource center would be Its ability to further cross-border relations and the potential for exports. The BECA Is also closely aligned with San Dlego's regional efforts. It will be an Incubator facility to house 20 - 25 start-up businesses that have . been In business for less than two years and-that qualify as an environmental business. Generally, qualification means that a business would 1) create products which help the environment, 2) provide services to business which help the environment or 3) utilize environmentally sound processes In manufactuñng. Ms. Dye further went on to explain some of the details contained withl" the EDA application. She stated that the application will be for roughly $2.6 million In funding. This would support two to three years of the program. The ·applicatlon Is not only a local effort but bñngs together vañous other entities $tate, regional and local to make this effort possible. The $2.6 million request requires that the, City provide a certain level of matching funds. That funding can be cash or In-kind $ervices. One In-kln.d source Is the state, which has 'agreed to provide access to the environmental technologycleañnghouse as well .s to provide training tQthe program's ",1 'to.. businesses In the areas of pollution prevention. The City of San Diego's high tech Incubator f>'"" will.be cross referring Interested parties to our Incubator and vice Versa to service the high tech industry as well. as the environmental'industry.· Southwestem.College has also agreed to ; provide business development assistance through th,elr Small) Business .Oevelopment and t . 1') -J(- .. '¡:¡ ~I Minutes, EDC {), 2,...... July 6, 1994 International Trade Center. UCSD Connect will provide access to vañous 5enLre capital sources. The City is also pursuing a state defense adjustment matching grant of $100,000. The ,Jrobability of our receiving this funding is very high because of how well our program matches the objectives of their program. The program is designed to match Federal monies coming into the area for conversion of defense industries into other commercially viable businesses. Finally, a critical component of this application is the donation of a vacant Rohr facility to house the BETRC & BEBC. Ms. Dye further explained that staff will be seeking conceptual support from the San Diego High- Tech Council on July 14. We need to obtain their approval of this program before submitting a final application to the Economic Development Agency. Discussion between various members of the Commission ensued regarding the types of cash and in-kind funding 'available. Ms. Dye explained that two sources of potential cash match Inèlude Community Development Block Grant funding and rental revenue from the Incubator facility which will be set at a lower than market rate. Staff will evaluate various options before making any recommendation to Council In this regard. Commissioner Read requested that staff explain how the $100,000 CDBG allocation, from Fiscal Year 1993/94, was being used. Ms. Dye explained that Council authorized $100,009 allocation to develop the Border Environmental Commerce Alliance by retaining the services of a director. Council subsequently authorized, using $20,000 of the funds to retain two cqnsultants who serve as the Interim directors for the program currently and the Cit)"Manager authorized $4,800 for ah additional consultant who Is providing assistance In preparing the EDA application. Fifty thousand dollars was made available to fund these activities immediately and another $50,000 was to be made available when matching funds were obtained from outside sources. Currently approximately $55,000 remain unencumbered In thIs fund. "nainnan Tuchscher clarified that the support being sought by staff Is conceptual approval for the program and the application that Is being developed. MOTION (PetedCompton) to recommend th;It Council direct staff to move forward with the development of an application to pursue EDA funding as well as related endorsements and contributions. Mr. Read questioned the motion, stating tl1at It sounds like the EDC Is endorsing the final application. Chair Tuchscher explained again that the EDC Is recommending that Council pursue the completion and development of an application. Mr. Read asked If staff had the appropriate talents and time to be able to do this without any additional expenditures of money. Ms. Dye responded that this is being handled as a Council priority. VOTE ON MOTION: Tbemotion passed 5-04 (Patrick & Lebron absent; 2 vacancies). b. Design Review Steve Griffin, Principal Planner reported that Council had directed staff to start on a program to update the design manual and the process of streamlining, that is, to amend the code to allow a greater number, of projects to be considered by staff as opposed to always using the Design P;ew Committee. This would be a shorter, less expensive process. He was asking for E>. .,orsement ofthe Design Review Manual from the EDC. Mr. Read cOqlmended the Committee on the, manual. ,His only concern was to ensure staff's t _ ,increased flexibility.' He noted they have spent many years trying to maintain a "user friendly"" /3-).;2:; A-;;L - - ~.--._---_._.__....- - .------_. ._-----_....~'_.,.__.--- ATfACHMENT B , Application for Federal Assistance Special Adjustment t....... Assistance Program - f..~'f-,cr OF Co.". ~ 'It It,~ t} (' ~ ~ ~ c:. ¡j ~. ~ ~<> ~~ Õ'7"-4TES of to' July 1992 U.S. DEPARTMENT OF COMMERCE Economic Development Administration ,. ) ')--1 J A-3 - .-_.._.__.._..__.~.....,._..__._..'_._-,._--_..,_...._-_..,_.,,-~---- At'I-'L.l,;A ¡UIi rUH Z.1M",w'WITT"~· . .....""""d.,",';., . FEDERAL ASSISTANCE . t.: .n""JI"t: 0' SU."IUtote . 2. DAn: ucovm.V (TATE SCACe AøølicaCIOn &def1tif. ~pI;c..don : Prw£Dplj"Cl.dott o CQ<\struction : 0 Consltuction . ~ 0An: IIt£c:ovt:D av flO(IU.t. AQ([Ha F~.. \dencil. (] Non-construc:IO'I ~ 0 Non..Cons1ruc:Jion ' uP"'UCUCT IH'OR.......noN ~l NMnoI. Org.aNZafioNl Unit City of Chula Vista Community Development Department Addt.u (a;"" city. county. .'.'-. Ø"td Zip COde: N.tne ~ '.køh0n4 numb« of lhoe prHSOC"I to be c::w'\C*=Ced on tn..Ue1'S in-.oofv!ng .hf' .aøø«aclOC'\ (give.,.. code) Community Development Department Cheryl L. Dye, Economic Development Manager 276 Fourth Avenue (619) 691-5047 Chula Vista, CA 91910 L EM'1.OYtIlIO£HT1FtCAnoH HU"llEllfElHJ: 7. 1YPI: Of" U1I'UGAXf: (<<11.1' .çJtJ'OPtf°.t. "ltel'in boz lCJ. r.:-T:l I 1 I I I J · A. Stole H. ""'-"<I..... School o..L l...2...L2J - 6 0 0 0 6 9 0 B. eou..ly L St... Cent'oIIed In..,u,.... .. HòQ.... Le,"""o c. UunèiøaI J. PriY.Ce ~I¡ry L JYH M UPUCAnoN: ' 0.. ToWNhiø t K. Indian Tribe .0 Œ Now 0 Q,.,tin....1ion 0 R..,;s/on ' E. In......t. . L ""'ivodU14 F. "'Ietmunciøal· I.C Pro'if Oto~..ion r.. · Revision. en.... .ØØtOØfÚlce "««fIt in boc(e.J: DOG. $ø«:ìÌ.I Oi.cril:t H. Ol~ (Søealy). A. Incr..M Award B. o.a"M Award C. Inc:r-... Our.Cion. I _ D. o.cr..,. DuraCion Other (1Pf<l1y~ .. HAME' Of '£DE:IW,. NJE:NCY: U. S. Department of Commerce EconQmic Dévelopment Administration 'L CAf.u.oa M RDEIU.L DOMaTIC I I I I I u. OE'SCJItlmvE nn..£ Ò' UPUC.Un"S 'lItOJEcn....· - ~ . , .<sIlITAHCC HU...... 1 1 J' 3 0 7 The BOr'd.' EnvlroM>.nt.1 Commerc. AIII.ne. Ie .n .xtònsion ¡ . . mt..E: . '. of the EDA fund.d S.n Di.go Economic Conv....lon Progrem. i S pec,i a 1 Adj u s tmen t As s i stan ce Pro gram It I.. publlc/prlv.t. p.rtnershlp offering r.glons¡, opecl.llz.d .. . ....istance to the .nvIroM>.nt.llnduotry Ineluding·1IUp¡IOrt for ' '2. AII£A& UFE<:no IV PIIOÆc:T (d/ie$. coun/ie$. .u.... e/C.: the developmont, commorcllJizotlon Ind oxportetlon of envlronment.1 tochnologiêe~ theroby cr.etlng job opportunitleo San Diego ,County for leJ'!..!>ff !I."f.n... ~ork,o~:' . : .. . .. . : t1 IÞRMOSED PROJECT: ,.. COHQIt!SS1OfW. OIS"'fCfS Of': ; SIotI 0.'0 Ending 0... .. __ ¡ b. I'toiec< Same· ¡ 48 . Ron Peckard (R) . 50 . Bob FI1nor (0) ,.;. .. 7/1/95 4/30/98.c9 -lYM Schenk (0) 51 - Randy CUnn/nghom (R), Brian 8ßbaoy (olee\) (R) 52 - Duncen Hunter (R) . .s. ES11I<ATED """"'HQ, . tl." ~t1OII SUlJrc:T 1'0 .mew OV srAn! ÐŒctII1V! QIIOÐl tUII PROCUU .. -- . . . .00" YES. THIS PREilPPUCATIONIAPPUCAt1ON WIS UADE AVAU8L.£ TO THE . - 2 ,000 , 000 . STATE EXEC\I11VE OAOER '1312 PAOCESS FOR REVIEW ON- b. ~. I 567,218 .00 DATE December 20. 1994 Co SUr.. .00 100 , 000 b NO. 0 I'ROGRAU IS NOT COVEReD BY e.o. .2312 cI. 1.ocoI. .00 . . . ·0 OR PftOGIW,( HAS NOT SEEN SElECTED BY STATE FOR·REVIEW ..0_. .00" . . . t 1'n>9<... -.. . .00 II. IS lit! AH'UCAHf OrLlHOU..... OH IoNY '£1!JIAt. Df:ln O "" ..,.- TO .. - V.. "''''a,,-.It.Id'IMexpCanadort.· .~ J' -. W No- ' 0. TAL. .00 . 2,667,218 'I. TO lit! IUTOf' II\' kHOWLÆIXII....O _.AU.OATAlHtIaS UI'UCA__noH ~ tllUr .....COf!Uc:T. lit! OOCUWEHTHAS SUN IM.V I.U'ntOftIUO BY IHE" COVERHIftQ IOOV o.r THE'UPucAHr AHa tHE AHUCAHrWtU. eotut.y _WItH fKC AtTACHm ASSUfWfŒs... THE ASSI$TAHŒ IS "w.l.Aom ..T~_oIAuIIIanzecRtø<o_.._ b.·r.iIo . : c T~_ " '- Cheryl L Dye Ju Economic Development Manageru(619J' 691-5047 ~ d., .....ftQ cst Au ·.setll.1iw . Oale Stoned . ~ ßhL '7 X Ji./- .. ¡ .·1 j,;;~;;¡p--¡1 .....""'. CQ<'~t .0...,... /./ U ) ]) L/ . _~"nd"O. '."'.m 424 ''''''V 4. ....1 . - ~ . ( p,.SC"bed by Q1¡16 C'A ~"r¡' . - - "---.----- . .-.-....-.-'" ----...." -- -----.---...-------- . .. .... .. ,..--... . BECA PROGRAM DESCRIPTION - . . Tho propooed """'" __ ~ Allianœ (BECA) k In """"ion of... Wstin¡ Son Dice. &ooomic Commion Pro&rim. eeOf'lPbicalIy and . _yo The EDA -"'"" pIamIiø¡ """"""'" i!cnIificd ... CIIVÍrom>onIIIIndustty IS .... of... 'Õ&hIIndumW recton "'" Ihould "'''''- for . lpCCiaUzed support m. San Dic¡o CouI:q as put,oftbe 0m:'Iß defense con'rCtSioa atmef)".1n addition to this resem:h. the CiIy ofChula VISta comrnIssioœd: an i -Incfuscry MarlœtADatysis whic:b. coatirmed. chat avaBabIe market data lUppOrtIa proactive strateI>' 10 CD:OUrafe the expansion of the cnviromnemaI industry ~ in the County. BOCA extends Ihe exÎstiDI' rerional COO\'enion pcornm throu¡h the formation of. specialized coalition ofpubtic: and private entities aharinf the common 2<*1 oflUppOrtinf cbc devekJpmcOl:. commèrcla1imion. and exportation of environmental tocbno1ot:ics in order to CI1COUnfe Ihe start-up of ~ companies, Ibe expansion of exisdn&' companies, and com:spondin¡Iy, the creation of DeW jobs ror·displaœd worIœn. Tho.... J>riowJ: BOCA Initiati>.s 1n:Iud.: I)'" BonIa EnvinmmoiuaJ Technol..,. Res..... c.- (BErRC). "'" 2)'" ~ _ Businoss a-r (BEBC). 1ft enviromneøta1 bus~ incubator. The BETRC and the BEBC wiD. be co-Iocated in. buildint made available at euentially no cost by Rohr IDe. k1 parmenhip with the San DicJO Port District. The two initiative:¡ ate dcaaibc4 betow; . . . - &.~.... T_OU"""'" c.nc.r (BErRC) The BEI'R.C will.......... hy ""'.In:IudU.&: I) prvyId;n:, _-. Sooth Son Die&<> c:.w.y....un. ..... EDA ftmdad Son Die&<> H;,b Toch Raoan:e Ccœr and !be JtIfe apoœored San DklO RqioDaI Tec:hno1oø ADiance, oft'eriøc euy __. ttI an P1"nnnrft~ Cnnvenlnn ÞMønm I'eInIm'H ft'W'lnltftNo:rn ~UI ~M hlø.~· ind 2) prori1inr. one-stnn IOU~ fnr~4hr....JIrt I!nvi.rnnrnr:nbl ~n.nI""lnfnnnmnr. aM r-h,,;':: annrt and hu!l1t1t!u Mv.............", nl~ .m.. r.tWnnIIn.... . ftnm thmtlmnttr the r",mIY The BIITRC wm otrer che foUowiøc kq aenricea: I) 110.. . , T""""'ou CIoariD¡boasa, 2) TadmbI .....Iotanoa. 3) InIarnadonaUMax 101""" .....Iotanoa, ""'.) Ea>'~ ~ TnIDiDe. 'Ìbe 8BI'RC will be iIlfrnln' Itt...d by Souch;"c.~.. CoUe¡e œder Coau.:t to Ibe Cky of 0mIa Vista. the EDA Jh.IØ: n:dpietx. The ee..er wm be -br_-_Ia..._.oanIœ................._. ." . BonIer __ BusIœas a-r (BEBC) The BBBC __bas ~da1dopacIlSaao!llhandou_... Cirf.ofCwla V-.... Bus_ 0uswDa1d_ (BCD). Ca\Jfor1Ia - --(CBIN). Car EPAmI... CaIIbuIa Tøda mI ~~. Car EPÄbas _... BBBC as ...of""'_ _s..,. ·1Iuo_a.-.(iocuboIo<pn>&nmI)IaCafiforDia. TheIlBBCwill IoIdaIIY"'_brCBIN a__ -.....Ck'ofChalaV1l1a. . . , The-wIII._..................~.....U.s.lMWco -(7-_)............""'_....._.__ - --ml-m,....._ -'.............. -........(""_ml_),.............o«. F<' - -- Iuppan will '" ~ br BBBC -. BI!J1!C _, BBCA _ _.1aducImc Soa DIqo T""""'ou c.-a aod .IIJ¡bTocb_Caaler_, mI-, aod_: _ .-ally...", _"'"BasIc _. mI'_ Growtb· _·..'I1IaBBBC..._BBCA_..~_latba_ef~mI.........,,"-d.I..,'......... SIa!Iioc"''''''''''' 'BBBC........ mI~"¡,. ~""!be BI!J1!C', &,. If I Busiœa&~~Wm: tie aftDabIa ~ IEBC....... SO" .... -_.,---~~-~-_._. this lonn Is estimated 10 average 55 hours per ~ IncIudJ!Ig tile lime lor revfe!v, IeOIdIIng data IOUtCeS, gathl<fng data needed and ...:. completing and reviewing the coDectIon of Inlormatlon. Jvry comments on the amount of lime )'OU requite 10 complete this lonn _ be -enl 10 the DIrector. economic AdJustment Division. economic Deyelopmenl Administration, Room H7327. Department 01 Commerce, ^'~n;ton, D.C. 20230, and to the Olllce 01 Managemenl and Budgéí; 'Paperworfc Reduction ProJect (061~6) Washington, P.c. 20503. . . Agency Special Instructions: ... - .. .. I, Slale. ar..wide. regiOlUlI Ind local olficialsand Inlilils haYI 60 days lor commenl lrom tile dale the project proposed lor EDA ..sistanee was made IYI"-ble 10 the Stall Execulive Order 12372 process. Anlch a copy ollha appficanl'. cenifoad lener 10 the Slale . e.0. 12372 process or I clelranee lener lrom ;he S,ll. E;O. 12372 process II EXHtBtT I-A-I. (Nolapplicabll 10 IncIIon T~J a: Ves C No. . . '. "'.. .': .' 2. The governing bocIi 01 the Ipplicanl is required 10 submit with tile Ipplica.ion I copy 01 kl resolution IUII1orizin9 kl ~esln~dve 10. ._ lign and submil this epp6cetion. The resolution musl be cenifood by the -"'9 offICer or offICer responsibll lor the applicant I "IL ~nlch "iJoPY 01 lint resolulion IS EXHtBtT I-A-2. (Indian Tribe appfocanls are only ,equired 10 pr~1 In aUlhorizllion resolu- IlonJ Ves 0 No> .. . . . .' 3. It the Ipplicanlls a public or privaje non-proiïl orgll1fzalion. the loIIowing IxhibitS must besubmined: olherwise check NA. C VIS C No. . . .. _._ .. ... .- NA - X -. . . EXHIBIT I-A-3a. A cemfocale 01 "Gøod Slandi"V" Irom lhe SUi.e Corporalion Commission or Secrètary 01 SllIe or similar ltall offICe fa attached. C .V.I C No. . EXHIBIT 1-A-3b. Applicanl's Anicfel of Incorporalion Ind by-laws are InachedD Ves C No. .. .. EXHIBIT I-A-3c. A list of the current corporate offieers Ind diÌ'eclors. identifyingl thew other major business I'filialions. If Iny.. .is attlched, C Vel 0 No. . _ .. _ ._ EXHIBIT I-A-3d. CD-346 Forms executed by each offacer..ehe ex-eanive.åltector. and the chief rlnlnc:iaJ manager of the' Ipplicant. if ÌI is. .. private non-pròfit· organization. are .auached. (Note: Economic OevefopmentOistricts may -not have to complete CD-346 Forms. Check with your eDA Regional OffICe.) C VIS C No. 4. Auomey·s.,.OC" consuJtant·s fees. whether direct or indirect.. expended for' securing or òbtaining EDA assistanCe .for this grant ar._ not -. eligibl. costs. such .IS. for example.. preparing the Ipplication for this Issistance.Howeyer. attorney·s and ~ftant·s fee~incurred for meeting 9flnt requirements"such as. for example.. conducting. titl,narch'-or-preparing plans and specifteations..may be efigible . project CO~ ,nd may be paid out of funds made ayailable from, this grant. provided such costs are otherwiseeligï:Jle. , o Ves. IT No. /" /J-// . ..~ ' ,. , .. . A.;...C: FORM ED;s4ò ëÁeiÒ/92¡" . ..... .. . 2 .. ~ . . OMR....._._._...,.._.__ .-..-.----- -----~..,-------- --~- .. .... .. PROJECT APPROVAL INFORMATION SECTION A - 1. Does this assistance request require State, local. regional a Yes ¡J No If Yes. Priority Rating:l or other priority rating? If Yes. Name of Governing BOdy: 2. Ooes ~his assistance request require S~ate or local advisory. DYes à No If Yes. EXHIBIT /I-Aa2. Clearances anached educa~ionat or hea~h clearances? If Yes. Name of Agency/Board: 3. Does ~his assistance request require State. local. regional. or other DYes dí No If Yes. Da~e Approved: planning approval? If Yes. Name of Approving Agency: 4. Is the prooosed project covered by an approved cC?mprehensive a Yes dí No plan? If Yes. Check one of the following: o State a Local C Regional 5. Wiff the usistance requested serve a Federal installation? aYe. ØNo If Yes. Federal Population benefiting If Ves. Name of Federal Installation: from Project: . /!¡ No 6. WiU the assistance requested be on Federal land or mstaUation? a,Yes If Yes. location of Federal land: If Yes. Name of Federal Installation: . 7. Will the assistance requested cause the displacement of individuals. a Yis d: No If Yes. Numb... of: ... lammes. businesses. or farms? Individuals. Businesses Families. Farms 8. The Public Worl<s Ind economic Development Act of 1965. IS omended.and eDA re9ullûons It 13 CfR 309.3. IS lmanded in ",. September IS, 1986 Fed....1 Regis,er. prohibit eDA from making gtln.. which hove the effect of ISsiS1ing .n employer in moving job. from one commuting .rea to another. An Ippfw:ants for fmancial ~ assistance for construction projects must execute an .. Applicent" s Certifocate of Nonrelocaûon··. which is found IS EXHIBIT It-A-B.. AppflCants are also required to secure from employers locating . within the project boundaries ',"EmploVers Cenificate of Non~elocation Candlates .r. anached. Noweloc.'ion", which is found IS EXHIBIT tl-A-Bb. a Yes ¡j No .5 there other Federal assistance on this project previous. pending. /!¡ Yes a No II Yes. EXHIBIT N-A-S. Related or anticiplted1 Funds anached 10. Has the appropriate unit of local government been requested to if¡ Yes a No a Not Approcable. review and comment on the projectl a EXHIBIT N-A-IO.local Govemmen.. (Required of spaci.1 purpo.e uni1s of local government. pub6c or Comman.. auac:hed. private non-profit organizations. and Incflan Tribes only.) 11. Doe. the project .ite e",end beyond the Applicant's juri.díctional ID Ve. a No If Ye.. EXHlBlTIf-A-II. Other Govemment's ar..llt Yes. attach comments on the project from either the Common.. anached governmental unit with '}orisdictional .uthority over ,~ involved area. or from the unit having authority over the 8f\tire proiect area. I%. Is the IPplican, . special-purpose unit of local yovemmen' a Yes ~No liVes. EXH1B1Tn-A·tZ. SlIcamen' from (such "'" Pon AU1hori1y, WI,er and Sewer Dis,rict. e,c.ll II Yes. Par.... local Govenvnent IS '0 why Spaciaf a ...'ement is tlquired from the patin' local govenvnent axplaining Purpose Unit of Government is the proper why tho IPplican, is the ben... qualified Igency to mak.lhis Approcent an.chad app6caåon and adminiS1er the proposed project. 13. Does the project involve ,he construction within a me"opoIitan area a Vas ð No of a hospitat. al""",. &btl<Ÿ. water supply and dislribulion fOClliûes. II Ve.. EXHtBfT tt-A- t3. OR a M."opolilln sewage and W8S1:e tnlaunent and water cfe!oafoøment and land MeuopoiwlArea Atea Common.. . conservation and land conservation projects? Comments attached Not Available If Ves. .ppfication was made available to the appropriate areawide a If Ve.. EXHtBITtI-A- t3b. OR a EXHIBtT N-A·13c agency .nd units of genarallocal government for review on: _ Applican,'s SlItemen' on 60 DaV C.rtifoceåon anached (Datet Comments attached FORM ED-540 (Rev. 7/92) 5 j]-//- OMS ApprOYa( expires August 31. '99.. !.:,,3¡r,~:.·..J, [;¡',L:) . :>'~ A-¿' . --_.._.._---_._._-~--~--_._-------- -.-- PART 1/ PROJECT APPROVAllNFORMATfON INSTRUCTIONS Section A-State. local and Other Federal Agency Review leglslauon. com"plete Part I. EXHIBIT II-A.' '''CalcUlation of Est.. Negative answers will not require an explanation unless the Fed- mated Refocauon and lllnd Acqusl~on Expenses", Note: P.l. 91-546 normally applies 10 unus of govern?1ent only (exCluding eral agency requests more information al a later date. Provide Indian TflbesJ However. where a non-prOfit Corporation is the supplementary data for all "Ves" anSWers in the space prOYlded APPlicant and the prOfeCt ',c¡lllles well be Subsequently crans.. in accordance With the fOllowing instructions. (erred to I unll of government, the Act applies and Item 7. and Item 1-PrO\lIde the name of the governing bOdy establishing (he EXHIBIT II·A·7 mUSI be completed. prIority system and the Prloríty rating assigned to this prOJect. ( · unIt of government other than the Applicant acquires pall of Item 2 -Provide the name of the agency or board whIch Issued the proJect" s real properly on behalf of (he Applicant unit of gOy. the clearance and auach the documenlation afstatvs or Ipproval ernment (or non·pro',c corporatlonJ. both parties must furnish the and ehe dale of clearance IS EXHIBIT U.A.2. required documenlallon Example ProJecl '"cdities incJude real Item 3-FUft'IIsh lhe name of lhe aPPfOVfng ..gency and lhe ..pprov,. property ,cquIslllon for Iwo mdes of road of which the county and date. Ihe Clly will eaCh own one mile. Item 4-Show whelher the ..pprovedcomprehensrve plan is Stile. 'tem 8-Self explanalory. Ioca' or regional, or none of these; explain Scope of Ihe plan. GIve Ihe locauon where the approved plan IS available for examinallOn Item 9-Show lhe Federal·Comesllc ASSistance Catalog number. and slaCe whelher lhis projecl IS In conformance Wllh the plan_ Ihe program name, lhe Iype of asslseance. the Slatus and .moun: Item 5-Show the federal population residing Of working on lhe : of eaCh pro,eCI where there IS relaled prevIOus. pending or .n. lK:rp"led federal 1S$lsllnee Ana", IddillOOI' sheets. if needed. Federal inslallalton _and who will benefil from this prOfecl. I. EXHIBIT II.A.9 Item 6-5how the percenlage of the pro,ect work Ihal wI'''oe .. COnducted on federally-owned or fe.sed fand. 'Give name of the Item 10.12-Sefl.-.lI:plana(ory Federal (and (If anyJ or Federal tnsl.ltcUlon and ils IOaClon. Item 13-hMf!1rOPO'II..n Are." -:neans I standard metrOpolitan Item 7 -5C"le the number of individuals. families, businesses or Ilat,.lal area. See SectIOn 204. ·"DemonslfallOn Cmes and Melro. farms Ihls pro,ecl wdf displace. Federal Igencles wllf p.rO~lde pokun Developmene ACI··. Pl. 89·754. If no MetrOØOfrlan Are. leparlce ,"structlons if additIOnal data IS needed. commentl were lubmuted wllh the applICation. the applicant IhaD c.rttfy lhal ellh.r: '''II plln or description of the projeCt If reat property has been or wiØ be .cquired with flnenl 10 use luch mee,"'II lhe 'fqUltemen,. ot S.clIOn 204. P.L 89.754, or (b lhe property," conneCllon 'NIth Ihe eOA project .nd/or., one or more øro,ecl Ipphcallon. his been before lhe Ippropri.t. .r"wide inlereSls In 'eal property. Including options. flghl..of.Wly Ot agency or unit of genetl' løcll government for I period of 60' days easemenll. have been acqUtre(f iubsequent to lhe- effective dace Wllhout COITII:'lentl 0' recommendatIOns thereon being "'-de by of the UOIform RelocatIOn Assistance and Real Proøertv Acqu.sl. such Ige...... The 60 dev Ippr.clnl COtt.rOClloon should be .ub- 'IOß PollCle. ACI of 1970 /P.L 91-6461 Ind 'he 5,",.'. .""b/mg ""lied IS EXHIBIT II.A.13c .- - , -. . -- .- .- '. " . .' J'] -,j 7 . -- FORM ED-540 (Rev. 7/92) 6 ~.'< OMB_ APProval Expires AugUSl31, '09. -. A-7 . ----~~-~_.- ---- - ---- ------- NN .0 07 ';:'" ~ e:> e:> N \0 ex) ...... ...... '" -'5 ~ e:> e:> "'" r-- ...... ; ex) ex) t: '" e:> N N r-- N t: N N ~u .. " ±ð 0 . . . . . ; . · C .. e:> M '" \0 '" " \0 \0 ~ I~ e:> N "'" '" \0 ~ \0 ,\0 ~ .. ..... "'" \0 ...... ...... ~~ :'!i' ~ - ~ ~ ~ - "'~ ~ . a: . . N N ...... ..... M M u ;; "'" "'" ; ex) ex) "'" "'" 0 N N t: N N :! '" '" " . . . . · :ë · . . ; '" '" . \0 <0 .. Ln Ln "'" "'" " \0 <0 -=~ '" '" ~ t õ "'" "'" ~ ...... ..... : ~ Ln Ln 151 w ~ ~ ë 0 a: !! - .... · ~ - - - - - W · e:> " e:> :I: ~ >- e:> u..' ~ <=> 0 - e:> <=> · ...... ...... W · '" M M ~ . <=> e:> · ex) CO V e c ,M M ~ <=> <=> !i "" "" z : c '" '" . . · . · ~ · . " " :s · ~ e:> e:> \0 <0 ~ CO CO <=> <=> " <0 <0 I~ M M c « ..... ..... " ..... ...... 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J J ~/g/ A-C6 ..,-- ------------ .---- a ~ -~ ~D ;2 8 ~ . . -< ó': CO CO < = ~" ~ ~ CO ..... 0 '" 0 <D Lr) CO .'5 II ~ '" '" ~ "" 0 Lr) U) 0 Lr) ...... ~u Ó ~ 0_ 0 0 N U) 0 (T) ...... 0 en N ·õ z< -co ..... ..... õ~ 0 0 0 0 . 0_ E", - . .... <D <D .... ... <D <D N Lr) 0 N ..... · . <D <D "" N <D ... 0'> <D &" :t. ~o · . . ... ~ <D "" <D ~ ~w '" '" . ~~ ~- ~ '" .. . ~~ 0 " ~ :! 0 .. .. .. .. <n. 0" ~ . ;; ö: " ] " ~ ... . · ... . .. .:0- l- .- '" · c " 0 .r:: ¡ z .µ 0 II> ~ · .. E z .. .. .. .. '" '" .... .~ CI "" 0 '" - .... I Q. 0 ~~ Lr) CO en N ,- <D ... I I I I N ... c: .- ~ <0 <0 ..... I I I I CO N .....!: 0 .. t; u 0 0 ''¡:; . < ~ "" ... CO ..... ,,~ Il') ...... ..... ... V 0 "" ... :J z .... 200; OJ vttio. .. .. II> .. .. .. ~ Z c: " - " .. ~~-'= 0 :i "1'" - 0> U :i CO co~ <0 ; · '" ...... ...... .... 8 u . c: .. ;; N N ð" I I 0 .... L 0 ........µ CO CO 0 <0 I ~ ..... ...... .., ¡ II: ... N I I I 0 I ..... " Z 0 i ..... <0 ~ g ~ ~ ... Il') I I I 0 I en '" '\-- <0 0 . . I .. . i '" o~ en 0 0 en . .. .. ~ CO "" 0 ...... .. Z I ...... N Z ... .. Z ~ z '$ 0 0 D 0 I ~ t .. .. .. 5 I:!. ... .. ~ ž c:t .. 0 ~ C .. :E '" ... a:: ~ 0 0 en .. 0 D ;; 0 0 ...... 0 N 0 <0 <0 0 E 0 0 ~ 0 <0 0 Il') Il') 0 N 0 u.. i . 0 . '" ...... N 0 "" ...... 0 ...... 0 ~- Z ~ ~ 0 0 I- 0 0 0 0 0 .. 0 0 C ...... ...... <0 N Il') 0 ... 0 - ... 0 0 "C '" CO <0 ... ...... 0 Iü 0 . C N Il') 0 Ñ N ..... 0 ...... N ~ - . - .. .. C .. .. - :;) = ":is . c ~~ ..... ;¡: ..~.. 0 ...·oX .. -ë - "" . °vEé!. . D 8'- · ...... ... ::z ...... Õ -.. - å§ e .ö .à ~ " N c ~ . D . .. ,¡; .... w eo · õ ,: ð a = .c w CO e '" 0 CO ::: c OJ · a: LLJ .. .. - ;; 0 t: a " e I- 5 c i .c ... - ;; .. C " ! OJ 0 ~ C 1;- -J w - t: - c .. e ~ ~ ë t: .. .... 8'0- - c .. ;; a . J 10 Q. "éi. . w .. ;:;..!'- I- a 0 .. > 1i ë .. ;; · . LCt=~ 0 'ü - C Q. C .c Õ 'õ .... C .. . " .. 0" " 0 0 õ 0 -.. J t: .. ;:. C W ... ... ~ .. OJ OJ .. - .... c... . 0 .. .; ~ 0 LLJ .. :E 0 " V) .. 0 .. .4 , ,; .; .: .. .é ... .... ... a: V) 0 .: Ñ ..; .;. ,," . u.. ... . -~'-~~.- "-,-._._-_. -.-- -,-. -.-, .................--! ,~~~. '-~. - "-' /]~/Î " /J- q ,------------ ----- .,----. ----.-. PART IV BORDER ENVIRONMENTAL COMMERCE ALLIANCE (BECA) ADJUSTMENf STRATEGY GRANT NARRATIVE Adiustment Strategv Planning/Dislocation Historv The proposed Border Environmental Commerce Alliance program is based upon the findings of the San Diego Economic Adjustment Program (SDEAP) developed in 1993 in response to dramatic defense spending cutbacks and related devastating impacts upon San Diego region businesses. Thc SDEAP document was accepted by EDA as an Overall Economic Development Plan (OEDP) to support EDA funding of a county-wide economic conversion implementation grant. The San Diego region lost 36,800 jobs between 1990 and 1994, with 22,600 occurring since 1992. More than 20,000 of the job losses since 1990 have been in manufacturing. Total projected job losses for 1994. will exceed 10,000, with 7,500 in manufacturing. As recently as August of this year (1994), the number of non-farm jobs in San Diego County dropped to the lowest level in 6-112 years. Two of San Diego's largest defense industry employers, General Dynamics and Rohr, Inc., have exemplified this severe impact. General Dynamics has cut more that 15,300 San Diego jobs since 1991. Martin Marietta recently purchased General'Dynamics Space Division, and announced in June 1994 that it will be moving another 1800 jobs out of San Diego. General Dynamics is currently attempting to sell their aircraft component manufacturing business, a sale which would likely further reduce local employment by 2200 jobs. '- In South San Diego County, Chula Vista's Rohr, Inc.,·has experienced tremendous layoffs. In 1989, this largest employer in San Diego County employed 7,200 people in Chula Vista. . Rohr currently employs 2,390 people at the Chula VISta plan, a loss of 4,810 people in five years. On September 19, 1994, Rohr announced plans to lay off another 400 personnel. BECA OverviewiObiectives The proposed Border Environmental Commerce Þ.1Ii~1!ce (BECA) is an extension of tlie existing San Diego 'Economic Conversion Program, geographically and programmatically. The EDA approved pl~nni'1g document identified the environmental industry as one of the eight industrial sectors that should be targeted for specialized support in San Diego County as part of the overall defense Conversion strategy. In addition to this research, thC City of Chula VISta commissioned an Environmental Industry Market Analysis which confirmed that available market data supports a proactive strategy to encourage the expansion of the environmental industry infrastructure in San Diego County. BECA extends the existing regional conversion program through the formation of a specialized Coalition of public and private entities sharing the common goal of supporting the development, commercialization, and exportation of environmental technologies in order to encourage the start-up_ot; new companies, the expansion of existing companies, and correspondingly, the creation of new jobs for displaced workers. The two primary BECA initiatives include: 1) the Border Environmental Technology Resource Center (BETRe), and 2) the Border Environmental Business Cluster (BEBC), an environmental business incubator. The BETRC and the BEBC will be co-located in a. building made available at essentially no cost by Rohr, Inc. in partnership with the San Diego Port District. The two initiatives are described below: . Border Environmental Technology Resource Center (BETRe) The BETRC will serve two key roles, including: 1) providing a border~oriented, South San Diego County satellite to the EDA funded San Diego High Tech Resource Center and the state sporu¡ored S!IIl Diego Regional TechnologyAlliarice, offering easy access to all Economic Conversion Prol!l"am resources forsouthem San Diego businesses as well as 'access·to linkages with Mexican 1;Jartners; and . J3~.2{) .' A-/() ,--+.- ---~_._--,---_..~_._._,-"".._------._---~......- 2) providing a one-ston source for state-of-the-art environmental technolo!!v infoanation. and technical. eXDort. and business develoDment assistance for comDanies from throughout the County. The BETRÇ will offer the following key services: I) Environmental Technology Clearinghouse, 2) Technical Assistance, 3) International/Mexico Market Assistance, 4) Environmental Management Training (in pollution prevention and waste minimization techniques), and 5)Environmental Regulatory Compliance Assistance. The BETRC will be administered by Southwestern College under contract to the City of Chula Vista, the EDA grant recipient. (Southwestern College's Small Business Development/International Trade Center has had extensive experience in providing one-on-one business counseling and technical assistance to San Diego area companies.) . Border Environmental Business Cluster (BEBC) The BEBC incubator program has been developed as a collaboration between the City of Chula Vista, Business Cluster Development (BCD), C8lifornia Business Incubator Network (CBIN), Cal EPA and the California Trade and Commerce Agency. Cal EP A has selected the BEBC as one of three state sponsored EnvirOlimental Business Clusters (incubator programs) in California. . The BEBC will initially be administered by CBIN, a non-profit, under contract to the City of Chula Vista. The incubator will offer convenient access, proximity to the U.S./Mexico border (1 miles away), short-term and affordable lease rates, flexible tenant space, shared conference and meeting room space, shared receptionist, shared equipment (fax computers and communications), plus on-and off-site professional support. Support will be provided by BEBC staff, BETRC staff, BECA Alliance partners, including San Diego Tech!iology Council and High Tech Resource Center partners, and volunteers and consultants. Services generally can be broken into "Basic Services" and "Advanced Growth Services". The BEBC will utilize BECA members to provide support to incubator tenants in the areas of business development, funding/fmancing, technology transfer/application, and market development, including an emphasis on Mexico. Staffing will include a BEBC Manager and Administrative Assistant/Receptionist. The BETRC's Environmental Business Development Specialist will be available to BEBC tenants on a 50% basis. BECA Mana""ment BECA will be overseen by the City of Chula Vista's Community Development Department (Director Chris Salomone) with general management responsibilities falling under the Economic Development Manager (Cheryl Dye). Direct admini.tration of the BECA program and the EDA grant will be provided by a new federally funded BECA Director who will be hired as a City employee and will report to the Economic Development Manager. A new contract manager will also be hired using EDA monies. The day-to-day øtlmini.tration of the two BECA initiatives will be accomplished via an agreement with the Southwestern College for the BETRC and with CBIN for the BEBC. The BETRC Manager will report to the Southwestern College Dean of Economic Development and Customized Training (Mary Wylie). The BEBC Manager will report to the President/CEO of CBIN (Sheila Washington). Prol!ram Timeframes The BECA's ETRC and BEBC programs are scheduled to commence July 1, 1994. ADrusTMBN'F STRATEGY GRANT NAARATIVE J}"'rJ-! Page 2 (MD)c:\wp51_es.w (;CV. 1-.y ~; 1995)1 . A -II --.---- "___.__.___" ____~._~_.____.m_~~ PART V - ASSURANCES 'OTE: Certain of these assurances may be not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. s the dul authorized re resentative of the a licant I certi! that the a licant: . Has the legal authority to apply 4. Will comply with the requirements for Federal assistance, and the of the assistance awarding agency institutional, managerial and with reçard to the drafting, financial capability (including review and approval'of construc- funds sufficient to pay the non- tion plans and specifications. Federal share of project costs) to ensure proper planning,· management 5. Will provide and maintain competent and completion of the project and adequate engineering super-... described in this application: vision at the construction site to ensure that the completed work con- !. Will give the awarding agency, the forms with the approved plans and Comptrqller General of the United specifications and will furnish States, and if appropriate, the pE;Pgress reports and such other State, through'any authorized information as may be required by representative, access to and the the assistance awarding agency or right to examine all records, State. books, papers, or documents related to the assistance; and will estab- 6. Will initiate and complete the lish a proper accounting system in work within the applicable time accordancew1th generally accepted frame after receipt of approval of accounting standards or agency the awarding agency. directives. 7. Will establish safeçuards to pro- 3. Will not dispose of, ,modify the use ,hibit employees from using ,their of, or change the terins of the real positions for a purpose that property title, or other interest constitutes.or presents the appear- in the site and facilities without ance of personal or ' organizational permission anci'instructions from conflict of interest, or personal ~e awarding agency. Will record galn. the Federal interest in the'title of real property in accordance with 8. Will comply with the lritergovern- , awarding agency directives and will mental. Personnel Act, of 1970 (42 include a covenant in the title of U.S.C.' '55 4728-4763) relating to real property acquired in whole or prescribed standards for merit: .', .,' in part with Federal assistance systems for programs funded under funds to assure nondiscrimination one of the nineteen statutes or during the Useful life of the regulations specified in Appendix project. A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). FORM ED-540 (Rev. 7/92) f] -c).1. " 21 OMS.Aøøroval ExpI~esAugust 31,1994 A -/;)...- ....____.____~._. .._.u_'"····__~·_"_·___·_ 9. Will comply with the Lead-Based drug abuse patient reco~ds; ChI Paint Poisoning Prevention Act (42 TitLe VIII of the Civil Rights Act U.S.C. 55 4801 et seq.) which pro- of 1968 (42 U.S.C. 5 3601 et seq.) hibits the use of lead based paint as amended, r,elatinq to non- in construction or rehabilitation discrimination in the sale, rental of residential structures. or financing of housing: (i) any other non-discrimination provision 10. Will comply with all Federal in the specific statute(s) under statutes relating to non- which application for Federal discrimination. These include but assistance is being made: and (j) are not limited to. (a) Title VI the requirements of any other 1'101'1- of the Civil Rights Act of 1964 discrimination Statute(s) which (P.L. 88-352) which prohibits dis- may apply to the application. crimination on the basis of race, color or national origin: (b) Title 11. Will comply, or has already IX of the Educatio~ Amendments of complied, with the requirements of 1972, as amended (20 U.S.C. 55 Titles II and. III of the Uniform 1681-1683, and 1685-1686) which Relocation Assistance and Real prohibits discrimination On the Property Acquisition 'Policies Act basis of sex: and Section 112 of .of 1970 (P.L. 91-646) and Title IV P.L. 92-65 which prohibits sex of the Surface Transportation and discrimination in PWEDA programs! Uniform Relocation Assistance Act (c) Section 504 of the Rehahilita- of 1987 (P.L. 100-17) which pro- tion Act of 1973, as amended (29 provides for fair and equitable U.S.C. 5 794) which prohibits ~ treatment of persons displaced or discrimination on the basis of whose property is acquired as a handicaps: (d) the Age Disc·rimi- result of Federal and federally nation Act of 1975, as amended (42 assisted programs. These require- U.S.C. 55 6101-6107) which prohi- ments apply to all interests in bits discrimination on the basis real property acquired for project of age: (e) the Drug.Abuse Office purposes regardless of Federal and Treatment Act of 1972 (P.L. participation in purchases. 93-255), as amended, relating to non-discrimination on the basis of 12. will comply with the provisions of drug abuse: (f) the Comprehensive the Hatch Act (5 a.s.c. 5S Alcohol Abuse and Alcoholism Pre- 1501-1508 and 7324-7328) which vention, Treatment and Rehabilita- limit the political activities of tion Act of 1970 (P.L. 91-616), as employees whose principal t!I1Iploy- amen~d,' relating to nondiscrimina- ment activities are funded in tion on the basis of alcohol abuse whole or in part with Federal or a1coholiSlll (g) 55 523 and 527 funds. of the Public Health Service Act .._ ".9 ... of 1912 (42 a.s.c. 290 dd-3 and . - .' 290 ee;"3), as amended, relating to . . . confidentiality o.f alcohol. and . _. - .. .. -- . . . . . . .. .' FORM ED-540 (Rev. 7/92) 22 ! '] ~ ;;.J , OMS Approv.. Expb-es August 31. 1994 ,'r..:'- \",-. ~ ,~ -- j'::'_'.:',rJ'.! "';;';_~: ¡!i¥'VF . . A -1.3 -'--~"---"-"--'--~ ,._------_._.---"^..~------ l3. Will comply, as applicable, with Clean Air Act of 1955, as amended the provisions of the Davis-Bacon (42 U.S.C. S 7401 et seq.): (g) Act (40 U.S.C. SS 276a to 276a-7), protection of underground sources the Copeland Act (40 U.S.C. S 276c of drinking water under the Safe and 18 U.S.C. S 874), the Contract Drinking Water Act of 1974, as Work Hours and Safety Standards amended, (P.t.. 93-523): (h) pro- Act (40 U.S.C. SS 327-333) tection of endangered species under regarding labor standards for the Endangered Species Act of 1973, federally assisted construction as amended, (P.L. 93-205): (i) subagreements. assurance of project compliance . with all existing environmental 14. Will comply, if possible, with"the laws and policies in accordance flood insurance purchase require- with the Environmental Quality me~ts of Section 102(a) of the . Improvement Act, as amended, (42 Flood Disaster Protection Act of D.S.C.4374): (j) protection of 1973 (P.L. 93-234) which requires navigable waters, fish and wildlife recipients in a special flood under the Federal Water Pollution hazard area to participate in the Control Act, as amended, (33 D.S.C. program and to purchase flood 1251, et seq.): (k) improvement of insurance if the total cost of solid and hazardous waste manage- insurable construction and acquisi- ment in accordance with Resource tion is $10,000 or more. Conservation and Recovery Act of 1976, as amended, (42 D.S.C. 6901): 15. will comply with environmental (~) control of noise under the standards which may be prescribed Noise Control Act of 1972, as pursuant to the following: (a) oamended, (P.L. 92-574): (m) provi- institution of environmental sions for hazardous substances quality control measures under the cleanup and emergency response National Environmental Policy Act pursuant to the Comprehensive of 1969 (P.L. 91-190) and EXeclltiVe Environmental Response, Compensa- :Jrder (E.O.) 11514: (b) notifica- tion and Liability Act of 1980, as tion of violating facilities amended , (42 D.S.C. 9601 et seq.): pursuant to E.O. 11738: (c) protec- (n) conservation and management of tion of wetlands pursuant to E.O. fish and wildlife, particularly 11990: (d) evaluation of flood nongame, under the Fish and hazards in floodplains in accor- Wildlife Conservation Act, as dance with £.0. 11988: (e) assur- amended, (16 D.S.C. 2901 et seq.) , ance of proj~t consistency with (0) preservation of prime farmland the approved State management pro- for agricultural purposes under g.ram developed under the OJastal the Farmland Protection Policy Act Zone Management Act of 1972 (16 of 1981 (7 D.S.C. 4201 et seq.), D.S.C. ~S 1451 et saq.): (f) (p)'protection of the natural conformity of Federal actions to resources pursuant to the Coastal State (Clean Air) Implementation Barrier Resources Act of 1982, as Plans under Section 176(c) of the amended, (16 D.S.C. 3501 et seq.): "FORM ED-540 (Rev. 7/92) 23 / J -,,~( OMB Appt'OY8J expires August 31. 19904 A -ILl . . ._._.._-_......._..._-,-~,--,._.._.,-_._-- (q) protection of marine environ- 20. Will require the facility to be ment under the Marine Protection, designed to comply with the Research and Sanétuaries Act of "American Standard Specifications 1972, as amended, P.L. 92-532: (r) for Making Buildings and Facilities regulation of testing and proces- Accessible to, and Usable by, the sing of chemicals under the Toxic Physically Handicapped,· Number Substances Control Act, as amended, A117.-l-l96l, as modified (41 CFR P.L. 94-469: and (s) protection of 101-17.703). The applicant will all species of Wildlife resources be responsible for conducting and their habitat under the Fish inspections to insure compliance and Wildlife Coordination Act, as with these specifications by the amended, P.L. 89-72. contractor. 16. Will comply with the wiid and 21- (Not applicable to State and Local Scenic Rivers Act of 1968 (16 Governments) U.S.C. 55 1271 et seq.) related to In consideration of EDA making a protecting components or potential grant and/or loan requested by an components of the national wild Applicant which is a business and scenic rivers system. enterprise, for this p~oject, it agrees that for a period of two 17. will assist the awarding agency in years after disbursement by EDA of assuring compliance with Section said grant and/or loan or any pa.rt 106 of the National Historic Pre~ thereof, it will not employ or servation Act of 1966, as amended tender any office or employment (16 U.S.C. 4701, E.O. 11593 to, or retain for professional (identification and preservation <- services, any person who, on the of historic properties), and the date of such disbursement, or Archaeological and Historic within one year prior to said Preservation Act of 1974 (16 date, shall have served as an U.S.C. 469a-l et seq.). officer, attorney,' or agent or employee of EDA occupying a 18. Will cause to be performed the position or engaged in activities required financial and compliance which EDA has determined involves _ aùdits in-accordance with the discretion with respect to the Single Audit Act of 1984. granting of assistance under the Public Works and_Economic Develop- 19. Will operate and maintain the ment Act of 1965, as amended. facility in accordance with the minimum- standards. as may be 22. Will comply with P. L. 93-348 required or prescribed by the regarding the protection of human applicable Federal, State and subject invovled in reseach, loeal agencies for the maintenance development, and related -activities and operation of such f~cilities. supported by this awar.d of assb- -- tance. - _. -,- .- FORM ED-540 (Rev. 7/92) 24 OMS Approval Exptres Au9tøt 3 t. 199<C , /] ---.Jç . . A-/~' _"___.__,,________e __~__.__._.__ _.....__._~___...____._.__ 23. Will comply with the Laboratory laws, Executive Orders, regulations Animal Welfare Act of 1966 (P.L. and policies governing this 89-5'44, as amended, 7 U.S.C. 2131 prog ram. et seq.) pertaining to the ca~ê, handling, and treatment of warnl 25. will comply, or has already blooded anim~ls held for research, complied, with the Drug-Free teaching, or other activities Workplace Act of 1988, P.L. supported by this award of assis- 100-690, Title v, Subtitle 0, tance. and 15 eFR Part 26 (54FR 4946, January 31, 1989, 54 FR 6363, 24. Will comply with all applicable February 9, 1989). requirements of all other Federal ,- S!GNATURE OF AUTHORIZED CERTIFYING OFFICIAL TlTlE._ Economic Development Manager APPlICANTORGANIZA ON DATE SUBMITTED City of Chula Vista Community Development Department January 14, 1995 ': - - FORM ED-540 (Rev. 7/92) 25 13~d.¿ OMe App,ovll Exp~.. August 31. 199( A -It-, -~-_._--- -~- ""----.- ,..._-~--_.,..._-- .---""-~-- PARTVI OTHER REQUIREMENTS SECTION A-Civil Rights Information If YES. the "Other Parties" must submIt, a compl~ted F'orm \ has established specific civil fights requirements which are ED-612. "Curtem and PrOjected Emplovee and Pavroll Data'·, - as describeø in the InSHUCtlOns)n Form EO-~1~. Attach as ,cnbed In detail In "EDA Civil R,ghcs GUIdelines. .. ApplicantS EXHIBIT VI-A-lb. should review this docume':'l1 and become familiar wnh (he full ~ange of their civil rights obligations 6. Will ~he Apphcant Of "Other PartIes" create or save fifty 'Of The ApplIcant must tndude the foUoWV'\9 Rems wtth the appbca1lon: more jobs as a result of theTeQuested EOA assistance? ,. A completed Form ED-612. "Current and ProJected Employee yeS NO___. and Payroll Oa(a·... Attach as EXHIBIT VI-A·'.. 2. A boe( statement about target Irea benefits other tNn employ· I( YES. an A(firmatlve Action Program acceptable to EDA and con~stent wnh the "EOA CiV1f RtghtS Gutdeltnes" mUSt be subtnll· ment. nus should lII'\dude the ftW\onty popuCatlon o( the enure led by the entity creating or .savlng Ihe Jobs. Anach as EXHIB· communny. the total number of Individuals served by the ITIs/V/·A-6. prolect and· the number of minorities lerved by the prOJect. . The maMer in whIch minonty groups or areas will parUC1pate 7. Has the Applicant been the subject o( any unresolved issues If1 or be served by the proJect should be explaIned. If they will nOt be served. and are not served by 'Imllar existing facilIties or negallve determinations Issued WlttUn the på'SI two years. or activities. explain why. Attach IS EXHIBIT vt·A·2. arislt'lg from ov11 tightS compllanee revaews. compl.lnts. law· 3. A boe( statemenl of how the Ippllcant informed m1t\oriues : suits or other allegltlons of dlscnmu'!8110n of'!. the bas,s o( and (emales in the largel are o( ths project. and how II nvoIved race. CQk)r. natIOnal onglO. sex. ~ndlCaP 0} agel' YE~ them in developing this appltc.llOn. for mplementattOn grant NO . ,. applications. this may be Incfuded In lhe strategy. Anached If YES. the Applcant must submit I stltemenl prOVtd&ng a delailed I. EXHIBIT V/·A·3. The Appücanl IS requited to provide .ddnlonalmformauon based account thereof. Attach as EXHIBIT VI·A·' on liS answers to the following questIOns: 8. Does the proJect ""volve construCtion or· ,ehab.luatton of a 4. A completed .. Assurances of Compliance with DeplMment locü¡ty. or Icquo.",on ollandl yeS .... NO__ of Commerce .nd the Economic Development Adtnlnlstr.· loon Regula..on. under Totte VI of Ihe Covol Rtghl. Act of 1964 , and Public law 92..65:' for subgrantees. Joan ,eclpltnts or If YE9;- lhe Applicant must subnut a map'SÞOwmg the be.tlon trensferees: any governmental. pubhc or private agency nsuw. and definable minonty group makeup of .n inStitutionS apd ,es.· 110ft. Of"98nizallOn or other entity: and other entitles as descnbed dentlal. W\dustnal .nd commerCaaI arees. The map must .nclleate in lhe. Assurance.. Attach I. EXHlBtT Vt·A-4. wfuch .reas: II are to be served or benefited by ¡he proposed 5. Are the,e ··Other Panlls" ",valved in the prolect. Ind w.1I (aclllty: bl are presenlly betng served or 'betteftted bŸ eXistIng those 'Imes crelte fifteen or more JObs liS a result of the unilar (.olltles;-.or cllre not betng served or b~(lted- by either EOA assistance? YES NO__ _. the proposed or existing facilities. Attllc~ .. EXHIBIT VI·A·8. -- . , - , FORM ED-540 (Rev. 1/92) 27 /3-~~ OMS Approvat'ex'pires AÜgust'31. 1994 "..t - .~.- , -[. '....:.:-~ . ,,,,.. ;r. ,.", .'.'.;. ~."\...'-, . A ~ (t¡ _._--~.~._......_._._.._~----_._,---- PART VI OTHER REQUIREMENTS CONTINUED SECTION B-Environmentallnformation For All Projects Item 1. En~ironmentallnlotmation "a. Will the assistance requested have an Impact or o Y.s ® No effect on the environment! b. Has a Federal or State Environmental Impact a Yes ~ No Statementl AnalVsls been prepared (or this project? If Yes. EXHIBIT VI-B-3a. EIS attached a If No. EXHIBIT V/-B·3b. environm.nta' Nltriltlve .nlched c. Has th.e Stlte Historic Preservation Officer (SHPOJ DYes G:! No a If Yes. EXHIBIT VI-B-4. SHPO been provtded with a detaded project description? Comments or SHPO Notification Letter .nached. d. Are any facilities under your ownership, lease. or DYes G:I No. 10 be utilized on thispro;ect either listed or under consideration for listing on EP A' S WI of Violating facilities? 'tem 2. For Adjustment Implementation Projects , Provide a nood p!.in map .s EXHIB/.T "Vt-B·2 111 accord wilh It.m 3(b'(iii). r....rdl.ss of whether an Environmental Impact Slatem.nt hes been or must be prepared. . t.. (II Is the proleCt." . designated flood hazard Itea? a.Yes G:! No (b' Is the prO'OCI site 'oealed 111 nood plainl DYes G:! No o If Yes. EXHIBIT vt-B-Z Rood PIIin Data attlched lei Is the project sa'. from ftoodinSl a'yes G:! No (dJ Is flood Insurance Ivaffable? DYes œ-No (el Has flood insurance eVer been øurchased? a Y.s è§ No It.m 3. 'a' Hal a Fed.ral. Stat. or local Environmenlal c;¡ Y.s m No Impact Statement or Analysis been prepared involving this propeny Of its site? (bJ H ··No·o. proVIde the information requested in the Inslructions .s EXHIBIT vt-B-3b It.m 4. la) The Slate Hisloric Pres.rvalion Off",er CSHPO) has been provided a delaa.d project d,scriprion and has been requ....d to Ihe appropnate eOA Ragional Off",. on IOat'l Ibl Anac;' a copy of l1"..t.nal Submin.d ìo SHPO .nd any convnen.. roc.iv.d from SHPO as EXHlB/.T vt-B-4. Icl If · buddIng IS involved in the project. IS it over eyes a No It.m 5. Is the projOCt sit,(sl Iocaled Wllhin 0< adjacent to any of the following ar'..1 ChecI< Ih. appropriate boa fo<e.eryitem of the following checkkst: ~ yeS NO UNKNOWN yes NO UNKNOWN I II '. Q a a Jndustnaf (15/ a ¡g a W.llands ., 2) a 0 0 Comnvnetdal 1161 tI 0 0 F100ct Plain 1·.'11 a G:I 0 Residential (17) 0 ~ a Wo/deme.. (designated 0< pro. posed under the Woldemess 14) a (] a Agricultural Act, 15) a ~ 0 Mining and Ouatryll'lg (IS1 a è§ 0 W~d 0< Scenic river (Proposed ( 61 0 (j! 0< designated under the Wild 0 Forests and Scenic Rivers.~ I 7) ( a 0 RecreatlOna' (19' a ® 0 Historical. Archeological (] a . S"n.s list.d on Ih. 181 a Parks Register ot Historic Places 19, a ß) a Hospitals 0< eJigible to< listingl /201 a I!J a Critieal Habitats/ 1101 a ß) a Schools 'ndanger.df threat.ned 1111 a ß) a Aquifer Recharge Area species (211 a ~ a Non-ertainment area for 1121 a ŒJ a Steep Slopes ait quality a ŒJ a W¡Idfife Refuge (22) a IXJ 0 Noise sensitive areas 1141 a ŒJ j , fnUt'sing homes. 0 Estuary /3 r ell tibraries.et<::J:: }!,P.K· ,', FORM ED-540 (Rev. 7/92) 28 /1-(1 OM8 Appro",al Expires August 31. 1994 / ---~~ -~,-,---- "----.-.--.--- II'J "J I J.§..... : m i2 '111 =ï:;~ " ~ 8 H~,,~" . :2..." I ï:"! ~!.! "I I l!. .... i ë ~ ~h ,!! !H ~ ! _w__ CI. w .... j i Þ ...1 I· M )I:)t '. " .~ 1 ¡~ . ~ u..' !; ~.f I" .".. "D~, '-'. '" ~ o c. _ _.1.1" 0 - . .. .", - ~u ¡ .... I . !~ Ii. i'~ ~fa!f ib j :¡: 0 _ I- _w~.. %. III S, .. .. ~,..~ - ~ g 1: c:: .. .I '3 " ä :. i ¡ 'OJ i ".. ;: . ë ~ ~ J c .!t ~ = Õ 'C: -! ~ ~ ~ 1--, ~ :I S a&. g " :. f <I <I ë ~. ~~ t t . ilð..~~æ .f~J d . I, "¡go " l~"OD~oI ...s¡.:¡ S .. OJ~ I J ! ¡ j 0::;: 1 . oct' <It' . , t, bj I O\~ . . ~ J _ " ! f i: f ! ,,~ .. t ~ ~ ~ ..)i ii rj J:!¡ H a¡~~: · 8 .:c 8 '.&- 1:2J" . i 0..0 c> "" i ~"lcI~.. ')""1> ~ "'. [... .... c> ð . . .. i __. . { ~ ~ LU I .µ f i i; ! 1:1 i !BJ - , s I ~.... .. ~ .- ~ ~...... Ii _. ~ oj;! :::s . ~;j :> .s: :" "",!'.O...Oð _¡¡.... . j 8 .1/.; £ ... I ë o' ':/;¡ i '" c( . I.. .0 11 II!' _ ~ ;? i I !.a~g>'!:!ë ;¡. ~ ~ ~ % ¡-I ~ (5 :.. i c: Ñ 0\ ( :t. " .:cFo .... .~ ;;: f ~"l.~ ! If :¡¡ J: 'B S j..,. "0 . , -liK ... :; VI 11 I ~ I OJ . n . "II "fð "C ~' i '. ¡ 6¡; I =' ~ ~!h ./ ! 1! ¡ !I; it g en QJ ... ... .....- .,.151:3 ...- .- :::s I > <: ~ \ I .... ~ '" ~ . J;~¡ , I...'...." '" , I .., N " Z 'g !. .- c:C fI6:rZ I I I I I I I I I I I ~ ~ ~ -~~. . ~ .s:.J:::=..¡..)«s I~ ~ "Z (.,) ~ U) _ _ . . I' «S i.... 5 ;: E' Hi: : ",r-.."'I". 00.... :1....1-1"- - :I"""'I~ ~:!. '" 'V 0 0 0 ~.... . C1J " i~ '" ~ ¡ OJ l! ~ >, .'~ '- c . >, .-1:+'-\0 ::s ,.... ~ 0 n;:; i ~ <'3. ~ . 1: .... l):::; "b I~ "" : "''''~ q '" ! 'õ. :;s ! 6 Ii J u I ¡.- 9 f t1 I~!i~ ! 1ilt , ''''1,1''',.... l....þJ I , I t ¡;. =~.. '!' a_~! I I _ I 1.-4 I I I. CU J ~~ ¡: I.. ¡ . I ':;; :8n ß i !{¡ ~b"J ·FF I ~:::;""I~ 1~ I ~I::!~ ~~ : i !j ~ I.~\.?< ... ! i. w 1-'1.... lèo. ""i:t; i_ 1 0 ,_::¡ 0 < 5 ~ i ~ '" ¡:u ã~ ~ ~ ~ :=;I"'I:=;I~I:=; ...:=; ~:=;I"" :=; ...I:=;I~I:=; ~I:=; ~:=; .:!: 1 ..§"~ ~ ë'" a: C 0 .' '. . I 11 J......;; QJ ;< ~ ÚJ - .., '!' V ë li: to- ';i ~ ,c. 0 "0 ... r OIl = ~ 1:_ . =' m ,W UJ f! _ ~ !! 2.,:.C: a =: > ø E !~ Z>- . of¡: 01 "D = _ = "'"S: .. OJ & 'i 2. CD ~ .,... '0> . < 0 .' 0> .. ~ ,,0 . æ 1; ë ~ - ~ J a: X ;:) f-'::' ~ ~ fõ E..:...!E.'" -::è1CJæ:4.I"::,.<-: 0 , :z::- ... to .So! ~ E c:t C ~ _"1:~""'. "'0:= S0- I ." w ñj &:E !! ê; ~ 01 .~ IG ... l, l:.a::: ~..- l! t~ ~ ~ C- e:. (J .!! 0 Õ c .!!..C: -E < I!!I--"5lr...."o.-tOwQ. :! c: .. ~ ~ ~ ~ g tit .2. 0, ö. a. .. '¡- Ji I: C 11 c:( ;¡ _ 13 0.. .Q ¡ ~ ~ "g i 2 ~ ~ ~.~ g:i ~ ->, . 'h W!? i< ¡&II! 1:.!l '" ~ ~ ftI_Q..__ 0 C ..J C. -.-"'~_ _~£I 0. I~> ~ ,.!! : ~.É. lOt ~ .~ f g... ~. < z!i, i I~;z C1J z ic; ~.t w .Q '. - ~_- 0 .!E. oX CG 01 L. I- -< o~ to- ':.' ~ ..., a: m ,f!s ·Õ-'" 2 0 CO Õ-- Oc. ca 01 0 a:.: 0 '" - ",,<.:J... po. u 0 ~ a.. I- U)O ...J U) .... 0 -.... - ~ - . .... .!I: u.' 0 (]~Jt) '. A~;){J -.-.-..---...-.-....- EXHIBIT VI-A-4 u. .:>. DEPARIHdiT OF ..OHHcR..E J,..ocator No. ECONOMIC DEVELOPMENT ADMI~ISTRATION ' ASSURA~CES OF COMPLIANCE with Civil Rights and Other Legal Requirements (To Be Executed Only By_Other Partf~s) , : Applicant h.ame: City of Chula Vista, Community Development City, State, Zip: 276 Fourth Avenue, Chula Vista CA 91910 ðClctrrOJCCl ucscrlption: Border Environmental Commerce Alliance , loe OOlltHIOns Incurreo unoer tou .ora apply O?"y to tne UCI±lty or property recelYl'" I EDA assistance. This form applies to Other Parties, vho are Inclusive of any eoVernmental public or ;rfvate agency. institution, organization or other entity, or any individual Vith a direct or s~stantlal participation In the prorram or project receivlnr Federal flnan~ial assistance from the Economic Development Administration (EDA), such as contractors, subcontractors, providers of employment, or users of the facility Ot Its services. This form !s ~eln( executed by an "Other Party" vho satisfies one or both of the follovine conditions (check at le&st one:) . L71. The Other Party viII be creatlnr or savinr IS or more jobs (estimated number:k ) as a result of EDA assistance, and (check a or b) .- 0 (a) Is specif(cally cited in the application for funds as a project beneflciary. . . 0 (b) viII locate or is located in an assisted industrial park before EDA . has made its final disbursement for the park. (Source: 13 CFR 311.3) - . /72. The projeCt serVeS an industrial park site vhiêh is neither ovned nor operated by the appll~ant or recipient of Federal financial a..istance. The non-applicant ovner(s) and operator(s) are considered "Other Parties" (Source: 13·CFR 305.43) ASSURAIICES OF COMPLIANCE WITH THE' DEpARTHEl/T .01' COHMERCE AIID THE ECONOMIC DEVELopMEh. ADMInISTRATION (EDA) REGULATIONS UNDER TITLE VIOl' THE CIVIL RIGHTS ACT OF 1964, pU6LIC LAW 92-6S (as a"ended), SECTION 504 OF. .THE REHA!ILITATJON"ACT OF 1573, .-.- AND THE AGE DISCRIMINATION ACT OF 1975.,·:· . .,. . . Southwl!sterncollege - - .. lNace of·Other .party) (hereinafter called the "Other Party") ..sures that, .. an Other Party, it vUIcomK1y ... - vlth Title VI of the Civil Riehts Act of 1964, as amended (42 USC 2000d-2000d 4), t e requirements IMposed by or ~ursuant to rerulations issued for the ÞepartMentOC'Commerce In4 4eslrnated as -IS CFR Su title A Part I, and'any amendments thereto, . - -- ...... The'Þther Partyarre~s to comply vlth the provisions oC Section 112 of Public tav '2-65 (4: uS: 31:3), the requirements IMposed by or pursuant to the reeulatlons of the EconoMic " Development AdMinistration.~romuleated in 13 CFR'Part 311 (as explained In the April ~97t EDA Civil Rlp-hts Guidelines , and any amend.ents ther.to. . " The Other Party arrees to comply with Section SOl oC the Rehabilitation Act of 1.73 - (26 USC 794) and IS' CFR Part Ib,. subsections a, b, c, and e (Rerulations of the Þer1r.rtunt of Comcerce implementine Section S04 o! the Rehabilitation Act), and the Aee Þiscr minatlon Act of 15iS (42 USC 6101), 15 CFR .Part 10. Such requirements hold that nO.person in the'. ... Unl ted SUtes shall on the eround of race, color, national orlrln, 'sex, handicap, or ace be excluded from participation In, be denied the benefits of, or be othervlse subjected to discriMination únder, any proeram or activity for ~hlch Federal financial assistance his been extended. . FORM ED-540 (Rev. 7/92) 45 OMe ApprovafExpires Augus1 31. 1994. ) J ~ J/ A-d.-I ~._. .._._...~._.._.._- - ~_.,._-_._,-"_.- TEL: 619-421-0346 Jan 4,95 13:08 No.003 P.02 , AJsurañCe$ at Co~ptlance '"th ~l'i'lL "f(jr.1itlo _nd . O[~<r L.¡.\ Requl'.~e~t. 11\ It:c:.ðrd~n(c \lith the')lC! &SS\lranc:r;$ and withõ1.It U.(ctnc .the abo't"e, the Other Party I(ree" t~.t thc£_ &S$ut¡n,e$ £hlll ~c blnð£"K upon It. its ,rintct~~ "$1~ncc$, tr¡n5(crtCf. t..S~CSI inå JU'Cc~sors 1^ tnttfCSt. Th$Sf &S'Uri~'CS .h&&l .1'0 ~ hLndlftl throueh eVer, aodlt[~¡tlOA Gf &ucndacnt '0 this ptoject. n. Oth.r hrty "~nQw\c414S tllH H bu r..ot~.d· ..4 .eod the DepHth.. or CocotTce Ind ECA r,¡ulltlo.., ar.d chac I' I. awar. th" It ehero 'rvo,rs .. be 1 lOllu.. or .lIr....n.d loUgro to "o.plr with thl, patt-, ond It r.he a.~'o.rl .nce or ,hreatened .0.,oapUu... c..not ~c ,orroc\.4 hy Inror.ol .esnc, c..~ll.nc. w eh thlc fO" ..y b. .Ce.'t.4 hy the lu.,.nslon or Ceralna,lo. or,' or .o!u"l .0 Iran. or to cont nue, Federal ll.oncl,t 1,IISt.n.., or r Iny ochtr .ea.. Ivthor zed ~1 1.~. o HOTIC! Thll Cot. oUst ~e uccuted 11,. '0 o((t<l,l .lIehor!:.of U U1.6 ~II. l(oruCfttltOC4 Ulllnncu l:øaUI~e4 kcrel'i vitI. fdl oucborHy to bUd Ûa uclpleU .. 0 :hcr . I'rcy ldootlll.4 .tela. t tl. ro.t,I.., or other portr I. . cotporo.loa, Cbll ora .Ult ho _,ecu,e4 'it å cortor". ottlcot authotl.04 .0 ..1, .ucb as'ur'~cel, .no! tbe title Ilc~ 'UIC .tc.r Y lodl.oec IUch aut~orltt. ~Iur,ac. Coros '~.cu'c4 by ..ptaro,s oeber th'~ corpor..o .relcor. wltl aot 'i. Iceop.0411.1.S1 tllor IC. IccO.paO to! br'& l.pOrlc. cercIll..tl.. '110.4."" . corpar.t. oeflc.t stat n. tb' . 1I'IIcor b,. tull .~tborl.r to bla4 tb. r'c pl.ac or Other p.ttr ,.,.tltl'. ".lo~, In tb. cas. of Iß.ladlvldu.l ....IIC\.' ,hll~,sllrlnc' (ot. ,s sale.va.r, 101. ov..~ oun Ire la4ICU'<I. I. clio 01\\0 "Ioct., Jot dCII.clons o.bor 'ba" tho.. . scu"UU lorch, COotlct cba ED~ rl&loo.l of tic a Cor IPpro,rl... acc.p.o.cl la,.rllc\loal. . . . ~CC¡PTANCE 01)S$U8ANC.S OF CCMP~tANC! . tb~.. ,.suron..s Ir. .od. Iftd I~c.p.eo! torI M~.. d Ottoc. '",rt71 SOUTHWESTERN COLLEGE . A44rO$" . 9000'fAY LAKES ROAD ," CHULA. VISTA, CA 91910 Phene ko. I . , 11 SUPER1.NTENDERT/1.>B.MlDENT .. ruiÍ. of "c,",Clol a¡UUal) JANUAU 4. 1995 - .. 'UHf) . . \ ..' . . II.l.RI(JNC . '01,. It.te.o.t, or ,.preS.ßtitlaas..a4e 1. ctn'..Cl.. v1t~ tkta -ASSURAK~ OF COkPLI~CI~ ts a 'tllaelon .f '14Çfl1 llY punlsha\le \y & rl,. .t n.t .are thiß 110,000 or )r 1.,fIIO~..ol rar aat aore th., 'Iv. relra, .r hath (sea CI U~C 11101 1& use 1001). . , FORM EQ.S40(Ae-I. 7(92) 46 , CM8Ioþol'ð"~ ~g'~.s AUBl.ltCl S 1. 10'. ~ . J.] --3,/}-· . A- ..22- - --'-"--'~ ".-----"--- "----.----.----..,....--.--. EXHIBIT VI-A-4 u. . DEPAR HEST 0 01lH R oc~tot' o. ECONOHIC DEVELOPHEHT ADHI~[STRATION ASSURANCES OF COMPLIANCE vith C[vil Rights and Ocher LCE«1 Require~cnts (To Be Executed Only By Other Partl..s) i Applicant ~rac: City of Chula Vista, Community Development j City. Sl~te, Zip: 276 Fourth Avenue Chula Vista CA 91910 rOJcct escrlPtion: . Border Environmental Commerce Alliance I ncurrc un cr t 5 ora .pp y on y to t e aCI ty or proper~y rCCctYlhl I EDA assistance. This fora applles.to Other Parties, vho are Inclusive oC any ,overn.ental, public or ;:rlnte arency, institution, or,anhatlon or other entity, or allY individual Vlth a direct or su~stantlal participatIon In the prorra. or project recelvlnr Federal Clnan:lal assistance from the Econo.lc Develop.ellt Ad.lnlstratlon (EDA), such as contraCtors, subcontractors, providers oC e.~lOy.ent, or users oC the facIlity or Its services. ThIs form !s ~elnr executed by all "Otber arty" vho sltlsC!es one or botb of the followlnr conditIons (check at least one:) . . L7l. The Otber Plrty wIll be creatllle or savlne IS or aore jobs (estl.ated nuaber: ... ) as . result of EDA ushtance, Ind (check a..!!. b) . 0 Ca) Is speclffcally cited III tbe applIcation for funds as a project beneficiary. . . 0 (b) vIII locate or Is located III an assIsted Industrial park beCor. EDA has made Its Clnal dlsburseaellt for the park. (Source: 13 CrR 311.3) .... , a z. Tbe project SerVes &n IlIdultrlal park site which Is neither OVned lIor operated by the appll:ant or reclplellt of Federal fillanclal assistance. The no..-ap~llcant ovner(s) and operator(s) arc conslderedhOther Parties" (Source: 13 CFt 305.4 ) ASSURANèESOF COHI'UAIICE WITH tilE DEPARTMENT OFCOK!{ERCE IJID tilE ECONOHl.C DEVELOI'MEI;T ADMII1ISTRATION (EOA) REGULATIONS UNDER TITLE VI OF·11IE CIVIL R.1CHTS ....CT OF UU, . PUSLIC LAW _Z-6S Cas a.end~d), SECrION 504 OF THE REHABILITATION ACT OF 1_73, - AND THE AGE DISCUHINArlON ACT OF InS .:: . .-i;a11fornta Business. Incubation Network - - .. lHaDe of Other PartYJ (h~rct..after called th~ "Other Party") Issures that, as a.. Other 'arty, It will com~lY .. with TIU. VI of the Civil Rllhu Act of UU, as aaeneled C41 USC ZOOOd-ZOOOd 4) t ~ rc:utreDcots IMPO$ed by or ~ur$uant to rllulatlons Issued for the Depart.ene of éo.aerce an cI.,llnued as is CFR SI: dcle A 'art ,alld'aoy aAelldaCAU thereto. . . . '-- ..... Thc'Þtber 'arty aereis to comply.vlth the provlsloos of SeccIoo llZ oC Public Law _Z-6S (4: US, 31:J), the requlre.ents Imposed by or pursuallt to the relulacloAS of tb~ Economic . Develop.ent Adainlstration 'çraaullatcdln 13 CFR Part 311 (.as eXplaln~d In the AprU Ing ED.... Civil Rlr-bts Culdellnes , and any a.end.ents ther,to. . The Other 'arty a,rees co comply wlch Section 504 of the RehabIlitation Act of Ig73 . (26 use 7U) and 15 CFt 'ut Ib,. subsections a b c, and e (RelulatiOllS of the Def~rc.enc oC COmaerce I.pleaentlnl Section 504 at the Re'abllltatlall Act), anel the ....Ie DIscr .Ioatlon Act of 1$75 (41 usc 6101), lSCrR Part 20. Such requlreaenu hold that no persoo In the' . - United States shall on the ,round of race, color, oatlonal orlEln, sex, handicap, or ale be excluded fro. partlclpatloo In, be denied tbe beneflcs of, or e otherwise sUbjected to dlscrlAlnatlon under,any pro,ra. or activity for which Federal financial afslstance has been extended. FORM ED-540 CRev..7I9:!) 45 J ] ~ J], O.MB Aøpn,v81 Ð<pf<........_, a1.19S4 f A-_1:2.. -~~'--'-'---'----'~- .. .._"-~----"_.,_..- P.. Eli 1 1'"1 "V. VCV"lICJYv.l.CJ It vv ..J f-I,.... ni 7iN"=;¡a, ,~,ñ,D 1_vt;,.diH}f'¡:~ I. VL.. U..L.V,}U..~" . . . '. . .' . , AI$ûtane~s of ComÞlr.n(e kltn ~1VIJ ~ll~tJ In4 O,~.r ~.r'l ~equlr.e..t. '~ "c.rd~nee lI!tll che.. .uur.ne.. lAd "hhou, Is.¡ In, ,ch. .beve, ehe Other I'ot,y "Jre.. t .e eh'~t ...ur.n'es sh'll be blndln, U,on It, It. ,ronte.., ...Ifn.... tr.n.rer.e. Jel,.... tAd SUCcessor. In 1ncer..t. these ,slur.nce. .hall 'Iso c bln61nc thr.Urh'every codlflcl'lon .r ..end.ene to thlJ preJeet. : .. Th. C,her P.rey aClncllled,e. ch.c Lt h., recel,ed and r..d tho Dopeti,.ne or Cooø.rco 'nd . ED" UIUhtIør..! and Cbe; It I. ."are tAu It tllen arl'c.r. co h a. 'l1..r. Or thruuned I.Llur. co co~p 1 with Chi, p.rt, t06 II tbe noncðofl .nee or chreleened n4Þ~o.gli.nc. Csnnet be correceed b, Intoro.l .e.." cOlþIL.ne. II eh chi, flrt .at b. clltce. br Cbe ,ulfenslo~ or tertlnatloA OI, or rerosal to Jranc or Co COot nue, Federal tlft"ncl. ""I£lta,., or 1 an1·0~her 'ca~J aUtb~r J.~ .1 Itw. .... : . HOT! CE ,'¡' .:' ~ .:~.! fbl. fOll IUlt be IEccvted·.y.. affLclal .ut~arlecd ,g Itt. tbe Itorel..Clr"td · 0,. '. , &'IU~&~ets fan'aLncd keF.Lat vlek t~JI tUChorLey to bll" tho reelplcat or 0 ~cr I ,U', UCDt flod .lIereiD. . Z ell. reelplt., CIZ' ocher PUty La & Cttper.UolI. 'bll or. tu,t ~. e%ccvtl" þ{ . corroratt .'liclr IUthorlaed Cg .at. .acll II'kraaC.II ' Iftd th. lill. ~Oè~ .u, clear 1 Iftdlcltl 1Ue1 Iktllor!t,. Al,uraDtl for.s .%ecute" br e,plore.l. ·r 'hi. cDrporaCI .rflce', VIII IDt be .cc.~t.d anl'll tb~ &1'1 . · CO_PID '" "'& .ef"raet c,relllCltI6. 'lfDed Þ, . corporate .ttleer Ieee Dr 'bc ',surer hI. túll .6 horlty 't '104 ,b. rlC pLeat or oeh.r part' Id.atlll'" 'cllv. . ra tho easo .r Ift"adIYI"ua! Ct-cucLe, t~II-'llkraDc' tar. II .01. a~.r, L!}e OVlt[ lUst ~. fadlelte" t t., tltlt 'Ioct. 'ot Sfeptt',", ocher C&'ß e.ose d fCU'.e' '~rcln. cOncact eke IDA ro&lo~&1 I£tico for .pþreprrac. Iceept.nc. In,cructfaDI. , ~CCEPrAIICE OF 'ASSURANCES OF COK1LU/lC¡ . . The,. l,aurlÞCcl Ir. .ade i~ .ccepced lorl . . . CALI:FœI.Nu :BUSINESS ZliCtœA'l'IOR NE'l'W'Q¡:¡¡{ k,n. of Other P"&1'_ Al!4tUu 0/0 CO~8 '" Lybra¡¡d .----" " '50 So. 9rål1d, Lon Angeles, CJ.90071 · . . - PhoQe /(0. f C61~. 237-0559 Ua H. Washington . ." 1f' " . , . IfA'HI~! , I 'all. le.celcac. ar reprO,cDelClon, ..d, la con.ectlac wlch chi, .A$f~~CI OF ~trAHc¡a l' · ~101'eloh at 'ederal Jaw pvall.a~J, .y a flac DE .ot ..r. 'ha. 10.000 Of ',fnprl..,.lac or Dce aote tJlllI tha reu., Ir botla ClOt 4Z \lse: 12%01 U IIse J001), . , . . . . , ,. · . . ", : . . , . t4ð /3;]i . FOAM ED-540(Aev. 7/921 OMl A6ctcnrll LA&..... .... ... 14 -.JJ -..... ..---- ~_______ _.,,'__~__" ________ M__._n'_ --...--....-- ""~._,.,. fOAM CD·511 UttrrED STATES OEPARTMENT OF COMMERCE (7-1111 CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUG-FREE WORKPLACE REQUIREMENTS AND LOBBYING Applic:uus should ref enD the reguJarlons cited below to deternùne the certifi""tion to wruch they ore required to attest. Applic:ults should also review the insttuctions forcenific:ttion included in the regulations beforc campJeting this fonn. Signature on this fonn provides for compliancc with ccrtific:ttian requirements under IS CFR Pan 26, "Gavernmentwide Debarment and Suspension (Nonprocurement)" and "Govemmemwide Requirements for Drug-Free WorkpJacc" and 15 CPR Part 28, "New R~aicrlans on Lobbying." The certifications sh.:úl be treated as a material teprescntatian of fact upon wlúch reliance will be placed when the Dep:uunent of Comm= determines to a ward the covered uansaction, grant, or cooperative agreement. 1. DEBARMENT, SUSPENSION AND OTHER workplace and specifying the actions that WIll be taken RESPONSIBIUTY MATTERS against employees for violation of such prohibition; As required by Executive Order 12549, Debarment and. (b) EstabUshing an ongoing drug-free awareness program to Suspension, and Implemented at 15 CFR Part 26, for pro- Inform employees about~ spective participants in primal'( coverecj transactions, as defined at 15 CFR Part 26, Sections 26.105 and 26.110 - ,(1) The dangers of drug abuse In the wotkplace; (1) The prospectIVe primal'( participant certifies to the best of (2) The grantee's policy of maintaining adrug-free wotkplace; its knowledge and beJief, that it and ils principals: ,- (3) Any available drug counsefing, rehabilitation. and em· (a) Are not presenUy debarred, suspended, proposed for ployee assistance programs; and· debarmen~ declared IneligibJe, or voluntanly excluded from (4) The penalties that may be Imposed upon employees for covered ltansactlons by any Federal department or agency; drug abuse violations occurring In the wotkplace; (b) Have not within a three-year period preceding this (c...Making It a requirement that each employee 10 be en· proposal been convicted of or had a civil judgment rendered against them lor commission of lraud or a crúnlnal offense In gaged In the performance of the grant be given a copy of the COMection with obtaining, attempting to obtain, or perform· statement required by paragraph (I!-); Ing a public (Federal, State or locaJ) uansactlon or contract (d) Notifying the employee In the statement required by under a pubUc ltansaction; viotation of Federal or State antitrust statutes or commission of embeZZemen~ theft, paragraph (a) tha~ asa condition of employment under the forgeI'(, bribeI'(, falsification or destruction of records, maJ<. gran~ the employee WIll- Ing false statements, or receiving stolen property; , (1) Abide by the terms of the statement; and (c) Are not presentiy indicted for or otherwise criminally or ...-. --- CÎVllIy charged by a govemmental entity (Federal, State or (2) Notify the employer In writing of his or her conviction for local) with commission of any of the offenses enumerated In a violation of a criminal drug statute occurringin theworkplace paragraph (1)(b) of this certification; and . . no later than five calendar days after such conviction; (d) Have not within a three-year period preceding this ap- (e) Notifying the agency In writing, within ten calendar days pUcationlproposal had one or more pubßc transactfons aller receiving notice under subparagraph (d)(2) from an (Federal, State aT 1ÖcaI) terminated for cause or default. empJoyee or othelWise receiving ectuaI notice of such con- . . victfon. Employers of convicted employees must provide (2) Where the prospective primary participant Is unable 10 notice, including position tlUe, to' the OIrector, Office of certify 10 any of the statements In this certification, such Federal Assistance, Office of Federal Assistance and Man- prospective participant &haS attach an explanation 10 this agement Support. HCHB Room·60S4. U.s. Department of . propÐSa1... . ... Commen:e, Washington, DC20230..Nofice shaØlnclude the Identification number(s) of each affected grant; 2. DRUG-FfIEE WORKPLACE REQUIREMENTS . . ~ (f) Taking one of the foUowIng actions, within 30 calendar . Alternate I. Granteu Other Than Indlvlduels _. _ __. days 01 receiving notice under subparagraph (d)(2). with .. _ respect to any employee who Is so convicted-' ... As required by the Drug-Free Workplace Ar;t of 1988, and Implemented at 15 CFR Part 26, Subpart F, for grantees, as (1) Taking appropriate persoMel action against such an defined at 15 CFR Part 26, Sections 26.605 and 26.610 . empJoyee, up to and induding term/nation. consistent with -. . -- - the requirements of the RehabilitationAr;toll973,asamended; ., .-. A. The grantee certifies that It will or WIll continue 10 provide or a drug-free workplace by: (2) Requiring such employee to participate satisfactonly In a ... (a) Publishing a statement notifying employees that the drug abuse assistance or rehabilitation program approved unlawlul manufacture, distribution, dispensing, possession, for such purposes by a Federal, State. or local healll1. taw I or use of a conueUed substance Is prohibited In the grantee's enforcemen~ or other appropriate agency; .~ . .' . . .../ .-......."....,... U5COMM DC 8\·7115 FORM ED-540 (Rev. '7/92) .. .... .. .._,-,---- ""47 7]--33·'· '.'-~,<. L-, ··~:<L :,.':,/ OMS, ApprovAl ~Plre$ August 31. 199. ,". ,".,., A'~ iÇ' ~.._-- _._---~_.----~._'----- (g) Making a good faith etfort to continue to maintain a drug- of Congress. or an employee of a Member of Congress in free workplace through implementation of paragraphs connection with (he awarding ot any Federal COntract the (a).(b),(C).(d),(e) and (f). making of any Federal grant. the making of any FederalJ~an the entering into at any Cooperative ~greement. and th~ B. The grantee shall insert in the space provided below the extension, continuation, renewal, amendment, or modi fica.... site(s) (or the perlormance of work done in connection with ticn of any Federal contract, grant, loan. or COoperative the specific grant: agreement. Place of Performance:· (Street address, city, county, state, (2) It any funds other than Federal appropriated funds have ZIP code): been paid or wiU be pajd 10 any person for influencing or 276 Fourth Avenue, San Diero, San Diego, attempting to inOuence an ofticeror employee of any agency a Member of Congress. an officer or employee ot Congress' CA 919 0 or an employee of a member of Congress in connection With Bui 1 dinp 52, Corner of H Street and this Federal contract. gran~ loan. or COOperative agreemen~ Marina arkwav. San Dieqo. San Diefoi CA the undersigned shall complete and submit Standard Form. . 9 9 2 LlL. "Disclosure Form to Report Lobbying.' In accordance Check 0 it there are workpJaces on me that are not iden- With its instructions. tified here. .. (3) The undersigned shaU require that the language ot this Alternate II. Grantees Who Are IndIviduals certification be Included In the award dOCUments lor all As required by the Drug-Free Workplace Act of 19BB, and subawards at all tiers (inctuding Subcontracts. subgtants. and contracts under grants. loans. and COOperative agree- implemented at 15 CFR 26. .Subpart F. tor grantees, as menls) and that alJ subrecipients shall certify and disclose defined at 15 CFR Part 26. Sections 26.605 and 26.610. accordingly. - (A) The grantee certifies tha~ as a condition ot the gtan~ he This certification is a malerial represenlation ot tact upon or she will not engage In the unlawful manufacture. dislnbu- which reliance was placed when this transaction was made tion, dispensing. posseSsion, oruse ot a COl1tro1led substance orenlered Into. Submlssioootthiscertificalion is a prerequisite In conducting any activity with the grant; . for making or entering Into this transaction imposed by section 1352. tiUe 31. U.S. Code. Any perso.~ who t...l$ 10 me (8) It convicted ot a criminal drug offense resulting trom a -the required certification shall be subject to a civil penally ot violation OCCUrring during the condUc\ot anygrantactivily. he not less than $10.000 and not more than $100,000 lor each or she will report the conviction. In writing. Within 10 calendar such failure. days 01 the conviction.. 10 the Director. Office ot Federal Statement for Loan Guarantees and Loan 'InsunlDce Assislance. Office ot Federal Assistance and Management Support, HCHB Room 6054. U.s DepartmentotCommerce, The Undersigned stales. to the best ot his or her knowfedge Washington. DC 20230. When notice/s made to such a central poin~ it shan Include the identificatfon number(s) ot and beliet. that: each affected granL It any funds have been paid or WIll be paid to any person lor InOuencing or attempting to inftuel1Ce an offw:er or employee 3. LOBBYING ': ot any agency, a Member of Congress. an offICer or em- ~-_. . ployee ot Congress. aran employee of aMemberofCongress - As required by Section 1352. 1iUe 31 ot the U.S. Code, and In connection with tIJis commitment providing lor the United implemented at 15 CFR Part 28. lor persons entering Into a States to insure or guarantee a loan. the undersigned shaJI gran~ COOpetative agreement orc;ooltact over $too.ooo. or complete and submit Slandard Form-LLL. "Discto$ure Form loan orloanÇ\Ultal1tee over $150.000, as defined ai 15 CFR to Report Lobbying; In åCCOrdance With itS instructions. .. Part 28, Sections ~8.1 05 and 28.110. the applicant certifies that to the best ot his or her knowfedge and beliet. that: Submission of this statement is a prerequisite tor making or entering Into this·transaction Imposed by section 1352. tiUe '(1 J No Federal appropriated funds haVe been paid orwill be 31. U.s. Code. Any person Who, tails 10 /lie the required paid. by or on behalt ot the undersigned. to any petSon tor . statement shall be subject to a civil penally of not less than Inttuencing or attempting 10 Inftuence an otticer or employee $10.000 and not more than $100.000 lor each such failure. ot an agency. a Membeto.t Congress. an offw:eroremployee .-...- "'. ... .. -.' As the duly authorized represenfaUve of the applicant, I hereby certify that the appllcaòt will comp;y wIth the above appllcsi:lle certltlcaUon(s). NAME OF APPUCANr AWARD NUMBER AND/OR PROJECT NAME City of Chula V;!¡tit.c -1--, Community ·Development Department Border'Invi ronmentál CommerceA-ll ;qnce.~ . PRINTED NAME AND TIilE OF AUTHORIZED REPRESENTATIVE Cheryl Dye, Economic Development Manager DATE '.. .;.~.anuar.Y 4, ..1995. .-. ~ - - - . - ~ . -. "'--- ..¡,-. -~- . - ,~- ,~,-, '-, e /3 -- ] Þ 48 , '~';,. . ,~~.', ,_.., ,'.. .:J-t '. A:" /) -~~-- .. -_.__.~_..__..._._-_..__._--~.- TITLE IX SUPPLEMENTAL ASSURANCES FOR GRANT UNDER TERMS OF TITLE IX OF THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965, AS AMENDED, HEREINAFTER KNOWN AS THE "ACT" THE APPLICANT ASSURES THAT: The grant will not have the purpose and effect of replacing the efforts of the Economic Adjustment Program of the Department of Defense. Each project to be funded under Title IX is consistent with the purpose of Title IX of the Act. o The projects included in the plan will be properly and efficiently adminis~ered, operated, and maintained. Assistance under the Act does not reduce or diminish the total or proportional amount of any other federal assistance to which the applicant is entitled. - Any plan developed under this grant shall ~e consistent with planning goals and objectives which may have been developed under Section 302 of the Act. If the Grantee is redistributing a grant to a private profit making anti ty, no part of that grant will be' distributed to such private profit making entity in the form of a subqrent. The project is not primarily or essentially designed to serve a particular firm or industry. Approval 'will not violate Section 702 of the Act. . This project will not include facilities for the generation, trans1lÛ.ssion, or redistribution of electrical energy for the production and transmission of gas. Any building or facility financed in whole or in part by any funds provided under Title IX wilt be designed, constructed, or altered so as to assure ready access to and use of such building or facility by the physically handicapped. The project to be funded will be adequately safe from flood damage. No federal funds are included in the 25% or more non-federal grantee share. !]~ 37 "- A-;;l..7 . .____ __n ..... ~._...__._.____."...___..__._..__._,.__. TITLE IX SUPPLEMENTAL ASSURANCES Page 2 If the grant is to be used to fund public facilities, either directly or through redistribution, the public facility must be reasonably related to the purpose of Title IX. If the grant is to be used to fund business development, either directly or through redistribution, the business development must be reasonably related to the purpose of Title IX. If the grant is to be used to fund planning, research, and technical assistance~ either directly or through redistribution, these activities must be reasonably related to the purpose of Title IX. If grant funds are redistributed through loans, the proceeds from the repayment of the loans will be used for economic adjustment in a manner consistent with Title. IX. The grant will not be used for assisting enterprises to relocate from one labor area to ano~er. Pertinent past or ongoing research has been used in evaluating the merits of and need for the proposed project. The project is not designed primarily or essentially to serve establishments engaged in the apparel or garment trades wi thin the textile industry or in similar highly mobile, intensely competitive industries. . Funds for the project will not be used to cover the costs of work performed or services provided prior to the effective date of the grant.. The grant 'and project are not to be of substantial proprietary benefit to a private individual, for-profit corporation, or other .business organization. The application is not also being considered by another organization or Federal agency; and full disclosure has been made of any.other financial assistance which was received or is being sought from other agencies, organizations, groups, or other bodies for the same or a closely related proposal. The project is not directed toward an increase in the productive capacity for goods or services by a specific identifiable enterprise (either existing or proposed) where there is not sufficient demand for such goods or services to employ the efficient capacity of other existing competitive commercial or industrial enterprises. JJr]~ . . A - _J s< ----------~- --- --- TITLE IX SUPPLEMENTAL ASSURANcES Page 3 The application has been reviewed by the appropriate state, district, or area economic development organization. City of Chula Vista Community Development Department Applicant Name Economic January 4, 1995 Signature and Title of Official Date of Signature Authorized to Bind Âpplicant to these Assurances ~ . . ;3/3; 4':':LQ -....__._....__._..._-_.~-~-- ~ - - ----------- ~--- EDA AUTHORIZED STAFF POSITIONS . EDA$ '10 LOCAL LOCAL $ EDA POSITIONS SALARY '10 EDA AMOUNT MATCH AMOUNT TOTAL BECA Executive DirectorC) $195,282 100% $195,282 0% $0 $195,282 BECA Contract ManagerCCI 95,823 100% 95,823 0% 0 95,823 BECA Administrative Assistant<"") 89,448 0% 0 100% 89,448 89,448 CHULA VISTA POSITIONS ·Economic Develc¡pment Manager<') 20,807 0% 0 10% 20,807 20,807 Community Development Specialist II~) 14,246 0% 0 10% 14,246 14,246 Community Development Specialist I~) 12,628 0% 0 10% 12,628 12,628 Administrative Secretary<') 5,984 0% 0 5% 5.984 5.984 $291,105 $143,113 $434,218 EDA$ % LOCAL LOCAL $ EDA POSITIONS FRINGE %EDA AMOUNT MATCH AMOUNT TOTAL Executive Director<"> 50,072 100% 50,072 0% 0 50,072 Contract ManagerCCI 31,189 190% 31,189 0% 0 31,189 Administrative Assistant<"") 30,528 0% 0 100% 30,528 30,528 CHULA VISTA POSITIONS Economic Development Manager<') 5,202 . 0% 0 10% 5,202 5,202 r 11Unlty Develepment Specialist II~) 4,018 0% 0 12% 4,018 4,018 C~,l1munity Development Specialist I~) 3,630 0% 0 8% 3,630 3,630 Administrative Secretary<') 1,898 0%. 0 7% 1.898 1.898 $81 ,261 $45,276 $126,537 (C) EDA Cash Funded Position (CU) Local Cash· Match te EDA Grant Program ~) In-KInd Contribution to EDA Grant Program NOTE: Staff positions do not Include BETRC and BEBC stafling . . (MD}c:'IINp511documerit\188.804 (NY'. ~uary 4,tgg5}1 ¡ ;) ~ ¥O LI_ ~.J\ City of Chula ViSta BORDER ENVIRONMENTAL COMMERCE ALLIANCE DIRECTÖR Definition Under general supervision within the City's C~unity Development Department performs difficult and professional administrative tasks involving the development and implementation of the Border Environmental Conunerce' Alliance', (BECA) , program and 'related initiatives, including the Border Environmental Technology Resource Center (BETRC) and the Border Environmental Business Cluster (BEBC) incubator; develops short and long range plans and,implementation measures; manages all program grants and rev~nues; oversees BECA administrative contracts; responsible for coordinating with the San Diego Economic Adjµstment Program, the California Regional Technology Alliance, and allBECA partners; provides staff support to the BECA Board of Advisors Examoles of Tvuical Duties Oversees the federal Economic Development Administration grant and the California Defense Conversion Grant, including contract administration, program bUdgeting/accounting, monitoring and reporting; ,oversees contracts with', the BETRC and the BEBC 'subcontractors, including performance' and 'accounting ,monitoring and reporting; develops and implements Memorandum of Understanding with the, San ,Diego', Economic ,Adjustment Program ,and the California 'Regional Technology Alliance; develops formal and informal working relationships with all BECA partners, including such groups as the Small Business Development/International Trade ,Center,' U.S. Department ,of Conunerce' International Trade Administration, California ",Environmental ,Technology Center, California Environmental 'Business council, Business Environmental Assistance Center, etc. ; oversees' development and implementation of environmental business outreach plan; coordinates development of long-range plan for BETRC and BEBC self-sufficiency as non-profit organization(s), inc:luding' such measures assoli~itation of corporate sponsorsh~ps and grants, the institution of client fees, and the solicitation of private consultant sponsorships. Desirable Oualifications Trairiinq and E~erience , Any combination equivalent to graduation from college with a degree in public administration, business administration, or a related field, and five years of increasingly responsible experience 'in government or the private ,sector. 'A Masters Degree iSþighly desirable. Knowledqe. . Skills . and Abilities Knowledge of pUblic administration, partic:ularly in ,the area of economic development policies and programs; experience with ' , , , , J '3 ~ 1/ :4-~=S{ _._-_.~~._..- .------. ------_._-~-_._-- . intergovernmental coordination; experience with public/private partnerships; and administrative experience, including budgeting, contract administration, grant administration, and experience in providing staff support to boards and commissions. Highly desiraþle is knowledge of the specific economic development areas of defense conversion, technology transfer, business planning and development; and knowledge of technology~based ~ndustry, particularly the environmental industry, including environmental products and services, and environmental technologies and management practices. ((1ID)CI\wpS1\cSocu.utnt\U3.U (r.v. Decotlber 30, U"'}) . /JrJ/.J. A -3 J- -.-.-...--.......---.-..- ------_.~_.._.- City of Chula vista CONTRACT MANAGER Definition Under general supervision, performs professional administrative work in the areas of municipal management; budgeting; contract and grant administration, including performance and accounting oversight, monitoring and reporting; and related work as required as pertains to the Border Environmental Commercè Alliance. Examples of Tvoical. Duties Performs independent professional and technical public administration duties in assigned areas .of the Border Environmental Commerce Alliance (BECA) program; directly responsible for administration of the federal Economic Development Administration and state Defense Conversion grants (and other revenues sources); reviews budget items; establishes "and reviews budgeting and accounting practices and procedures ; monitors and reports upon program performance; makes administrative recommendations;provides advice· ·~d assistance . to subcontractors regarding program administration; negotiates and administers agreements with outside consultants or contractors as needed; conducts special studies; p~epares correspondence; prepares grant related and City Council related reports. 'Assists with preparing public relation!,! documents. Desirable Oualifications Traininq and EXDerience in Any combination equivalent to graduation from college public or business administration or a related field and one . year of experience in professional administrative work of acceptable level and quality. . Knowledqe. Skills. and Abilities Knowledge of public administration policies ,practices and procedures; familiarity with budget, accounting, and revenue applications; superior ability in oral and written expression and in the application of grant and contract administration techniques; above-average analytical ability; ability to work well with all levels of staff, and with public ~d private sector organizations and the general public. (MD)el\wp51\doeument\U2.t4 ,(rev. Dec:~œber 30. 1994)1 IJ/Lj] )i- .33 . "---~ ..---.- -....- .~.__.._--"..._,.__._- City of Chula Vista ADMINISTRATIVE ASSISTANT Definition Under general supervision, provides a variety of routine to very difficult and complex clerical $UPport to the Border Environmental Commerce Alliance (BECA) Director and the BECA Contract Manager, which may include receptionist duties, typing, word processing, record keeping and filing, scheduling of meetings and related work as assigned. ExamDles of TVDical Duties Types correspondence, reports, forms and specialized documents related to the functions of the BECA from drafts, notes, dictated tapes, or brief instructions, using a typewriter or word processor; proofreads and checks typed and other materials for accuracy; completeness, compliance with departmental and pertinent state and/or federal policies, and correct English usage, including grammar, punctuation, and spelling; enters and retrieves data and prepares reports from an on-line or personal computer system, following established fOlTllats; prepares and updates a variety of reports and forms which may require the use of arithmetic calculations, and distributes appropriately; maintains records and processes forms, such as payroll records, purchase requisitions and orders, and others specific to the BECA program; establishes and maintains office files; researches and compiles information from such files; acts as receptionist and receives and screens visitors and telephone calls and takes messages; provides factual information regarding City and BECA (including the Border Environmental Technology Resource Center and the Border . Environmental Business Cluster. incubator program) activities and functions; reviews computer-produced reports for accuracy and makes corrections as required; operates standard office equipment; performs such office support activities as opening and distributing mail, processing outgoing mail, maintaining a fixed assets inventory and ordering office supplies. Oualifications Knowledl!e of: Office practices and procedures, including filing and the operation of standard office equipment Correct English usage, including spelling, grammar and punctuation; Business letter writing and the standard format for typed materials Basic business data processing principles and the use of word processing or personal computing equipment / J /1/i A ~ Bcl .-------..------- .-_.._"._--~.- _._------~~,-_.,"_._----- Administrative Office Assistant IlIIlIIi Page Two Skill in: Performing detailed clerical work accurately Composing routine correspondence from brief instructions Maintainin'g accurate records and files Making accurate arithmetic calculations Using initiative and sound independent judgement within established guidelines Operating standard office equipment, including a word processor Prioritizing work and coordinating several activities Establishing and maintaining effective working relationships with those contacted in the course of the work Understanding and carrying out oral and written directions Typing accurately at a rate of 45 net words per minute from printed copy Other Reouirements: In addition to an equivalent to graduation from high school,four year of general clerical or office assistant experience is desirable. .. [fMD)c:'Mp51~1'4.9" two jMuary.... 1995)1 . /J/I/~ ~ A -.BS- -".--.... ,--------,.-...---...-..-. --"- PART I EXHIBIT I - A - 2 . RESOLUTION RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE SUBMISSION OF AN APPLICATION TO THE U.S. ECONOMIC DEVELOPMENT ADMINISTRATION TO FUND THE BORDER ENVIRONMENTAL COMMERCE ALLIANCE APPROVING THE REQUIRED CASH AND IN-KIND MATCH AND AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR OR HIS DESIGNEE TO SIGN THE GRANT APPLICATION AND ALL RELATED DOCUMENTS WHEREAS, on the tenth day of January 1995, the Council of the City ofChula Vista was duly convened upon notice properly given and a quorum was duly noted; and WHEREAS, the City deems it necessary to apply to· the Economic Development Administration, U.S. Department of Commerce for a grant for the Border Environmental Commerce Alliance (BECA); and WHEREAS, the projected project cost is $2,667,218 and the City is applying for a federal grant of $2,000,000 and the City will provide a local match of $667,218; and NOW THEREFORE, by resolution duly adopted on the date first written above, 1. The Community Development Director or iiis designee is hereby authorized to make application to the EDA for grant funds for the above noted project, to accept said award and to sign all documents as are required therefor; 2. The City hereby commits as matching funds for the above project $119,977 cash currently in hand and available for immediate disbursement upon the award of the grant by EDA. PRESENTED BY: APPROVED AS TO FORM BY: Chris Salomone Bruce M. Boogaard Community Development Director City Counsel [(MO) .,."".,IdocumontI,..... <_.. 1005)) t3~~ It - 3-10 - ----...-.. ~~--- . _.._---_....__.__...~".-.~._~~--_.__._._-,-,,-,- Simtt® <!Df <08l1Iif@1fmsn . . f' OfFICE OF THE SECRETARY OF STAre I- CERTIFICATE OF STATUS I DOMESTIC CORPORATION ~ I r 1. TONY MILLER, Acting &cretary of State of the State of California, hereby certifY: . , i . . I That on the 5th n'lJ'of ""'r~h 19 92 , , ¡- CALIFORNIA BUSINESS INCUBATION NETWORK , became tncorporaJ¢undertlle laws oftlt.e State qfCall/ornia by filing Its .Articles of In- I corpomtlon In thl$ office; anti That no rtcord exists In thl$ o.fflce ofa ceri¡¡¡cate of dissolution ofsatd corpomtton ~ nor of a court orrJ.er ç1eclaring dissolution thereof, norofa merger or consolldatlon whicJ¡ , ~m~~=~~~ . . ~ That said corpomtlon:r corporatepowers. rights and prlvilegea are not $U$pended on the records ofthlsoffice: and . . . That according to IIIe records of this office. the ,aid corpora/ion is authorized to exer- t I clse all its corporate powr:ra, rights ~ privileges and is in good legal standing in the , ¡ State ofCalij'ornia; and f I Tluzt no ilÚOrl1lattoll 1$ avalúzhle in this o.fflœ on the financtai condltton. business at;t1vilJl or practiCf!! oJthl$ Corporation. , I' . f . IN WITNESS WHEREOH ¡ ex4CUI4 tlrtr certifir:ate and ajfJx the_ Great &œ of the Stale o/Califòrnla thtr 27th day oj Decelllber, 1994 . .-¡;;:; I'Y1:4 ..~ Aclill8 Sectf!/Qr)' O/Stale GEa:m\'I1!"" cs.ti2 (ÆV.M4) ..... .. 1m! .....- ".r..;:t"3".!'~;;"SW~ . /IC!R'~~' .. .. . J 3 ·--11 7 f/-37 . _._..__._...n .. '. _ _.,__..__.',,",__'_'-_''''__ .__,._.,.__,_..___.,.__",__.__.___._~ PART I . EXHIBIT I - A - 3b'J817425 , - . . ENbORSeo , ""I-EH> "''''''~lIc.of"",~.",,,,,, . " *U""" of 1"",,(O<rib Art1çl.. 0: rncor,po~at1on MAR 5 1992 Ot Cd1.tornia 2udneaa Xn¢Ubat:1on Notwork ~fPNG$Hi!5W;~. :r . The nama ot the øO~þor4t1cn 1. Ca11tórnia ~ua!n6'4 InoUbation Network, , . U A. '1'h!a ¢orflot-ation b a J10I1Þ~ot.f.t lUbl1a b.nat.i.t. QOrporation an~ L. not 0l:9anbe4 ~oJ: f:J1. pr!vato. 11ft 1'1 ot al1Y !cr»:80h. It i. . . orqanL..<t \ln4.:- the Ncmp~tt1: Pub110 Denat1t ot'þontion 14W tor øharitab¡. 'n~ þUblLø putþo.... . B. '1'11. 8peoLt1ø pu:r:po.. ot t:Þ.il oorpot:attOI1 4,1 to organize and manag_ a amall bUIln..8LnCUbation network to øupþort 11'14 t"tth.~ the ev.l0raant of Imall ~u.ine'atno~to~. to aohteve economio ~.V'lòplI\.n !I\ ClQIIII1I~ttie. tJu:oughOl1t aalitom!a. . . . ¡II '- The name and .d~... 11\ .th. State of Cd!to:rnta ot this QOt'þorat1onl. 1n1tLal aiant tor latvioe i.. Danie],. P., H.~La,Ph.Þ. . . 1I0ll!last SáJ1~ Ana 111. . Santa Ana, OA 112101 .... IV A. Whb COrpoEatton 1.. ~an.f.z.d and opeAt64 .(Q1uliV611' fOI: the . chaI'1~1. ÞW:Polle.w1Wn the .éanlnl7 Of Boct.f.on SOl(o, (3) of the Xftte1:na1 ~.vanu. eo«_, . . . . D. Ita al1batant1al part ot the aotlv1t1" of thill oOZ'þot'atton _aU ba uat12 to~ th'~II'. or ga~~!n\J on þ",pa;abda, or othtt'W1a. .tt.~t:!q to 1nflueJ\Q. lettelat on, oneS the QOt'þ9t.atton -haU not part o1þat:t 0:1:' intervOI1. n. a~ I?b1.t.t1.oal ClUlpA.f.CjJh, on b9halt ot 01: agatJï.t any oan4!dat. t~ p lla ottica. . . V , ~; , The .' Pt-OÞü1:¡ of th!. CI~o~Ation b ðed1oat:ect to charitable pt1t'þo... An no patt f)t tht net :l.nc01De 01:' ....t. Of th!.. cog:);'atLon thall ave tnure to the b~t.f.t:ot anycu.~eoto2.", . ott Cle Ot' lIIel'Qb6t> th~.ot or to the blnetit or any Priva.ta Ptt1."80ft, . . / ] ~f c( I ,A-3<? -- ¡ , . . , . . . , . . : .... , . . , '. . 2 . Upon ~. cl1.tIIOl\lt~on ot the cOt'¡loration, tho U..t. remdn.f,ng ~tt.r pa~.nt, Of all 4fbt. and l!ab!lLt.tes ~f thi. COtpo~ation .hall be dbtr!b~tQd to a nonpJ:'ot!t tund, to\ln4ation or ao:t;poratLon "'bLoh hu ..taÞ1iehoc1 it. tax exampt etatu. under .eoUon Ø01(o) (3) ot the Inttt'nal RtlVenu. (:od.. . ~ Dabld, . . . . " ..... . . .~, . .- ~ - , ,', . . . . ; , . .. . 0 . . . '" . - - . . 0 . .. . , . . . , . . . . " . , ." , 0 . , 0' . . - . . . 0 . 0 . . 0 , /; -fr ee.9IIï:etrlltn: æ:8¡ ~ ÞOOd eæ'oo A-3cr ---..---...- .....---....---.....- J - ,. . BYLAWS OF CALIFORNrA BUSINESS INCUBATION NETWORK . ARTICLE r - NAME Section 1. The name ot the organization shall be: CALIFORNIA BUSINESS INCUaATION NETWORK (the "Network") ÄRTIcLE II - OFFICES Section 1. The oftice of the Network shall be the office desi911ated by the President of the Board of Directors as the case may be from time to tillla. For þUrposes of II. åermanent ma11ing' address, the Network s ad ress 6hal1 be I . California Business Incubation Network, 901 East Santa Ana· Blvd. ,Santa Ana, CA 92701, phone (714) 647-1134. ARTICLR 1'1::£ - prSCAL YEAR Seotion l. The fiscal year of~he Network shall beqin on the 1st dU of July of each year and shall and on the 30 day of June each year. ARTICLE . rv - SEAL Section 1. 'l'he Network has no Clorporate seal. . ARTICLE V Section 1. 'l'h~:i0se of theca1iforn1a BusinêSS In at on Network shall be as follows: (1. ) To promote the conoept Clf incubators as a ctrategiceconomio development tool to enooura¥6 local eoonolllic diversity and to support lOCal ob creation.. . - . (2.) 1'oprovi4e . â netWork that: can bel~~ort ancF' ~hér the develo¥ment of aall iness incubators in Cali omia. section 2. Incubate:!:' Defined. 1. sœll ÞusineS5 inoubator 1s defined as a faoility that assists new or small businesses in the earll growth stares by providing thetll a creative enrepreneuria environment, rental space, shared services, manaqet!lent and business assistance, . rrofessional consultin~ services and fle~ible eases. / :3 ./~Ç-O A-cfÙ _._.."- ".-,.--..,.---, -- -.----.-----...-'..-.-- . ~ SeCtion 3. OBJEC'l'IVES.· The objeotives of the California Business Incubation Network shall be as follows: (1) Foster communication and exohange of ideas amon~ incubators, their managers, and tenants; (2) Build an awareness in california of the significant benefits of incubators; (3) Promote favorable public attitudes through education and information dissemination; (4) Provida a central point for business, qovernments and othar qroups and individuals seekinl information about small business incuba ors in California; (5) Provide a h1qb. leval of oredibility for small business incubators through joint activities, events, and promotions, . (6) ~ovide 8. vehicle tor the establishment ot linkages with other astiociationa and YfouPS Whose interests are related to those of ¡¡ma 1 business . . inQUba tors, (7) Facilitate and infò~ members of training progrosl (8) Promote a cohesive and mutuallr beneficial . relation5hi~ with the Californ a De~artment of Colmllerce an other public and priva e entities .involved in econ01llic develo~1IIent through proÇJro develop111ent, open oOlmllunica lon and resþonsivenessl . (9) Btimulatethe development of aooþerat1ve business. ventures or subcontracting between and amonÇJ business firms in incubatorsthrouÇJb.out the Statel (10) Provide the basis for mutuallr SUP~ortiV.· grOU~ endeavors on the part of smal bus ness inCUba ors ---- such a&J joint adVettisinc¡ and ~romotlon, gouf- . insuranoe, joint purchasing, an other act vit es and speoial events, (11) serve as It clearinghouse for the collection and dissemination of information on various aspeots of incubator development ane;! management; (12) :Sndôurage ·the· c1eVeiop=entof· more incubators in california, . /j~51 A-c.f-/ . _.~- .. - +~__.___.__ n.____"_···,__ ,__._____. . - , (13) . Provide for inrormation transfer of incubator æana~ement techniques and policies: and (14) Promote 8nd maintain a mutually benefioial relationship with the National Business rnoubation Assooi.at1on. ART:rCLE v:r ';'HEM:8ERSHrp. MEETrNGS AND DUES . Seotion 1. ELIGrB:rLrI'Y. . Any person, fim, or oOI;Poration en9'age~ directlr or indirectly iñ the business incubat on industry and ¡my mambe!: of the general public is eli91blo to beoome ~ member of this Network. Section 2. DURA'1'rON OF MEMBERSHIP AND RESIGNA'1'roN. Membership .in the Network mar terminate by voluntary withdrawal as here n provided, or othe2:WilSe in ~sUAnce of these bylaws. All r,ighte, privi eqes, an4 interest ot a member in or to the Network shall cease on the tennination of æeJllbership. Anfn:melDber may I by Uvinc¡ written notice of such tent ions to e seoret~b withdraw from membersh.ip. Such notioe shall e ~sented to the Board of Directol:'s. With wals shall be effect:ive upon fultilllllent of all Obliga~ons to the date of withdrawal. Members ip in the Network i:s not transferable 01:' assiqnable. 6e01:10n3. S'CtSP2NSION AND EXPULsION. . .... ~ membership' maybe 'suspended or terminated for cause. Sufficient cause for su~, suspension or texminat.ion of memberShip shall be violation of the b~aws or an~ lawfUl role ·02:' praotioe duly AeSop d ~ the etwork or . arty othèr conduct prejudio al to the interests of the Network. Sus,pansion or expulsion shall be by the vote of at least: four members of the Board of Directors, provided that a statement of the charq.. shall have been sent bI cert.if1ed mail to the last recorded a 4ress of the :member at least twenty days before a final action is taken thereon. This statement sm.ll be acco:m.panied bt a notice of the tillle and plaoe of the mee ine¡ of the. Boar<!· of Directors at which the cha1:es shall beoonsidared and the :member shall . aye the ,port:uni ty to appear in person ~nci/or to e represQnted by counsel to. present any defense to suoh charges before action is taken thereon. I / J ~;J- J A -4d.- --,---------- -<-'--'<-- ---....-.. · r Section 4. OFFXCE OF SMALL BUSINESS ADVOCATE MEMBERSHIP, The office of the Small Business Advocate of the California Business, Transportation and Housing Aîenc1 shall be granted a membership 1n the Ca 1fornia Business Incubator Networx and payment of dues shall be waived. Section 5. REGULAR MEETINGS. Meetings of the Networ~ shall be held quarterly in the months of June, October, January, e.nd April. section CI. ANNuAL MEETINGS. The June meet.ing IGhall be designated as the Annual Meeting for the p~ose of election of the Board ot.Directors. . T e meetinq. shall be hosted by various member. aoross the state. Section 7. TELECONFERENCE MEETINGS. Teleconferenoe meetings =ay be held 1n th068 months 1IIhen reglar )eet1nqs are not aoheduled. Da es tor teleco~erence meetinqs shall be set: ~ the membership at the reqular )QGtinqs for e )ànths following said reqular )eetings and prior to the next regular meeting. sectione. SÞECIAI, MEE'.!!:mas. Special )feetings of the )embership of the Network for any þU;'pOse or purþ(lses may be . called by the President or Board of Directors u~on 2:'equest of a 1IIa~ity of the membership o the Network. No iness shall be transacted at an~ Special Heeting ot: the .. membership excep as shall be se forth in the notice of the meeting. Section 9. NOTICE: OF MEETINGS. Written notioe Øte.t1nl the place, day, hour and aqenda of the mee ing t and in the case Of a special meeting, the.· fï30se . or purposes for ·"'hlch "thellleetinî is ca 1e , shall be delivered or mai 8e! to each member at the member's address of record not less t:ban ten .( 10) working days prior to the meetinr¡. 1]~5J A -c/3 ---._- .._,--_._..-~--~" ----- --- . ~ Section ~o. ORDER OF ßUSINE6S. The order of business At meetings sh~ll be as follows: l- eall to order 2. Reading of minutes of previous meetinîs 3. Receiv ng communications 4. Reports of officers 5. Reports of. Committees a. Stand1ng b. . Special 6. Unfinished business 7. New business S. Election of directors 9. Adjournment The order of bUsines$ may be altered or suspended at any meeting by a majority vote Of the members present. section 11. CHANGE OF ADDRESS, E'l'C. It shall be the duty of· each meDber to notify the seoretaxy of the BOard of Direotors of any ohange of address, nNlle or phone nUlDber. - . Seotion 12. QUORUM. A majority of the Board of Directors . me1l1berlihip of the assooiation shall oonstitute . a c¡uorum. section 13. PROXIES. At all meetings of the menbership,·a member ·lIIay vote and e counted toward a quorum by . P2:0XY exeouted in writ~ ~ the aemberi suoh Eroxy .hall be filed wi .. . e secretary of the oard of DireCltors prior to the meetinq. Section 14. DUES, '1'he annual dues for each member of the Network shall be determined by the Board of Directors, ARTYCr.E VIr - BOARD OF DrRRC'l'ORS , Seotion 1. BOARD ~ D:æEC'l'ORS, . the siness affairs ~t tbeassooiation 6hall be .Maq~by its Board Of Directors, Who shall not: receive remuneration for lõ:erv1ng on the Board nor for tra'lrel expenses to att.end . Board. meetings. / :3 -.rf .4-dc/ --- - -- --------~-~- ---------- -~----- · - Section 2. NUMBER, 'l'ENURE AND QUALIFICATION's. The number of Directora of the Network shall be twelve. Each Director shall hold office ~til A SUccessor ahall have been elected and qualified. Qualified shall mean that that person is a member whose duties are current. -Directors may-be elected from public, private, or university sponsored business incubators as well 8$1 from the ranks of COlXlDlunity Development A~encies and providers of services to the business incubator industry. section 3. Tbe President and Vice-presidents of the Network shall be owner/o~rator/manaqer of business incubator facil ties. SeQtion 4. cirec:t:or&!l ml:lY not succeed themse.1.ves in the SQla office for more than one term. Seotion 5. The membership of the Board shall inolude the President, two Vice-Presidents, one for Northern Cal1fornia and one for Southern California, Secretary, 'l':I;'easurer, cmdseven memJ:!ers at larve. -To ensure oontinuit~ the first qrou~ of Directors elected will elude six o:ftice s elected to a one-Yl!'ar Unt, and slxof:ficers eleoted to two-r~r terms, so thzat eàch ~r the board. wll be made ~ ot at least six ivldu~s who have s8:I;'VÐd e previous year and at: least six who wlll serve the following year in addition to the current year._ _ Seotion 6. MEETINGS. Keetings of the Board or Directòrs shall be - held not less than four times annual~, the f;:oe1 time, and dates to be set: by e Board ed ately following the Annual Meeting. secticn 7. VACANCIES. Anr - vacancy on the J3Qard at Directors shllll be fi led by appoinucant of the Preeident. Such appointment shall be made only to fill the unexpired term of. a direotoJ:' Who can lIot serve .-, the fUll texm. VaC<\noies on Coam1ttees· shall be filled ~ appointment of the respective ool1\U\lttee airperson. - - /J ~ 5' J' II (-- -~ ,-....-.,............-.---..----.-.- - -~--- -------~ -- ---..---- . - Seotion e. DUTIES OF THE PRESIDENT. The Pre5ident 5hall be the liaison between all Board Me~ersl conduct the regular and special Meetings of the Network; chair teleconference meetingst appoint division chairmen: call Board eetingsl become the central contact point for the publicI and carry out other duties as a~propriate to this office. The President s all be elected by the regular membership. Bection 9. DUTIES OF '!'HE VICE PRESIDENTS. The Vice Presidents Shall Chair the membership division and.shall.serve1nthe absence of the President in' their corresponding geographical areas. The Vice Presidents shall be elected by the regular membership. Section 10. DUTIES OF THE SBCRETAR~. The Secreta.:y ahall maintd.n the record ot groceed1n~s of the meetlnjs ot the Board of irectors .a well as the etwork's regular, speoial and teleoònference meetin~t shall mail minutes of said meetings to e . ap~ropriate ~arties in a timely fashion t shall ilia ntain not ces of meetinqS! so provided. in . the By-lawsI and shall serve in the absence of the President and Vice PresidentS!.· '!'he seoreta3: Shall be elected by the regular . membersh p. section 11. DUTI2S OF THE TREASURER. ~he Treasurer shall keep an account ot" ,all monies reoeived Md expanded for the use of the Network~ and shall 1Imke disbursements authorized the Board .nd a~roved ~ th& Executive Direotor Md suCh 0 er officers as the Boal'd Illy presoribe. All ·S1.lmS received shall be deposited in ,the bank or banks, or t):'Ust 'oòmpa~' mroVècS 1Iy the Board of Directors, e Treasure~ shall make e. report at the annual meat1nä 01' When called upon by the Presid.ent. Fun s may be drawn only Uïon the signature of the Treasurer, Exeout ve Director, president, ot' other authorized signatory. The. Treasurer may appoint one or more assistant treasurers to pe:-fortll such duties as the 'l'reaaurer Day Cleleg-ate. ~e funds { books, anet vouohers in the 'l'¡:oeasurer s hands I!Ihal~wit1l the exoeptipn of confidential r~o~s s itted b{ lIIembers, at all thles Þe s ~eot to verifica iQn and inspeotion by the Soard of Directo:t;S. ) j /)? A -ule, . --.-'-.-' -,-_._---~-~------ .._-,----_.__._----~~~ . ~ Section 12. RES~GNAT~ON. A Director may resign at any tiJae by filing a written resignation with the Secretary¡'l':t'easw:er of the Network. section 13. ELECTION OF OFFICERS. A Nominating committee will be appointed by the Board each year by the third ~arterlr meeting. The Committee will ass Ie a sate of Board Members and officers to be mailed to the membership with the announCe:1ient of the fourth quarterl! meeting whiCh will be votod on at:~at: meet: ng. AR'l'ICLE.~rI - EXECUTIVE DIRECTOB Section 1. !rho.lI.c1m1nistration anCl mano.yem.ent of the Network shall be in a salar ad staff head, . emPloyed or aþpointed.~,. and d!rectly responsible to the 11011. of Directors. 'l'hat þerson shall have the title of EXecutive Director or /$uoh otner title as the Soard shall fro. time t01:ime ø.esi~ate. . 'I'he Executive Director shall be e chief staff executive and operat.ioo- officer ot the Network, with responsŒi1it.y for the . . management and· directions of all operations, programs, activ1ties, and affairs of tha NetWork, inClu4inã employment and t:èninaUon of emplonent, an the determination or compensa ion of members or the -staft and. sUppO~inq ~er50nnel,funçtioning within the fruèwork 0 poUoy aims and l';wams as generally detenined bI the Boa of . Directors. !['he Execu't ve Director shall have such other duties as! aay be prescribed by the Board. ARTICLE !X -COMMrTTF.1!:~ Section 1. The :Preaiø.en~Subj ect to the approval of a major!.t.y of e EIoard of Directors, sha11 a~rove such stancUnï' speoial or s . c01lllll1'ttees or div dons as Dlay be re~1red by the b1-1aws or as the President: may. ind necess&i'y . J]~Ç7 A-41 - ------~-~ --- ----.--...-.-- . . section z. EXECUTJ:~ COMMI'¡"l'EE. The Executive Co~itteeshall be composed of the President; the vice President, the secretaryfhand the Treasurer. They may exercise erå0wers of the Board of Directors when the Boa of Directors is not in session, except to approve an amendment of the articles of incorpor~tion, a plan of m~er or oonsolidation, a sale lease eXchange, mortgage, Plêãye, or other disposition of all, or sUbstantial y all the property and assets of the Network, or revocation of voluntary dissolution proceedings. Section 3. N'OMINA'l':mG COMMITTEE. Sixty days prior to the annual meeting the Ðoard of Direotors shall ap~int a nominating committee of three persons nominate candidates for the Ðoard of Directors. The Nominating Committee shall recommend to the Board· one person for election tð each elective offioe, tor each IUrectorshipto be fil1ed for a full teJ:1Q, and fot' vacanolesthat m~ ocour in a!1Y office or dIrectorship dla'ing e renlar teJ:1Q thereof. 'l.'he cõmdttee shall no ify the secret~,in writing, at least: thiro (30) days before the date of the annltal . meetiñqï ot thenames··of the candidates it: proposes an4 the Seoretary shall mail a co~y thareot fo the last teoorded address of· uc me12lber. a.t least twenty (20) days before the annual meetinq. . Section· 4. OPtRATING DIVISIONS. In order to g1vethe Network asuff1cient: broad base to JÐrfom the t:asJcs set forth in Artiole V ot ese by-laws, the following operating divisions will be brought. into eXistence I 1. Business Development 2. Communications 3. Eduoation (tTa1ninq of KArlagersl Developers, Seminars Works 0 S 4. Notifications (private and ~l 0) S. International Trade G. Ha~ketin! 7. Hem1:Ie:z;-sh p B. Research 9. Ways and Heans /J/S~ A - 4<6 ~_. _H..~_.._ .... ._n ____~_ -::-... . æhe ope~at~hg divisions, each headed by a chairperson and as many assistant chairpersons as may be required, shall report .their findings and reoommendations to the Board of Directors and the Executive. Committee represented by the Executive Director. The. Board of Directors will appoint tb,e. division chairpersons. A definition of the taske of each operatinl division will be formulated at the appropria e time· by the Board of Directors and become part of the.Sè by-law". ARTICLE X - AMENl'JMJI:N'i'¡:;; section 1. AMENDlŒN'J.'S ~o BY-LAWS. The By-laws -1" be !mended or re~ale.dand new. By-laws ::& be adopted on~ bl majority vote of the 111 ership of :l:eoo a. a special meetinc¡. ART1:CLE XI: - D:t'!;¡SOLUTIOR Section 1. In the event of liquidation, dissolution, or other termino.tion of the Network, wether volWl.t!iJ:Y or involuntary . the assets of the Natwork remaininî after the satisfaction of . all d4lbts and ob lc¡ations of the Network shall be ðisttibutedEursuant to a þlan to be adopted by the card of Directors and approved by affi1:mãtiv8 vote of the me=ers. . . /J/~( ILJ9 _ __~_.__~ ___~~_~_ _ n__~_ __ ___ PART EXHIBIT I - A - 3 CALIFORNIA BUSINESS INCUBATION NETWORK (CBIN) BOARD OF DIRECTORS P~e$j.<lent/CEO Sandy Bou~ne Sheila H. Washington Executive Director 225 Broadway, #2250 Pasadena Development San Diego, CA 92101 Corporation , 619/237-0559 1015 North Lake Avenue1, Fax: 619/237-0521 Suite, 100 Pasadena, CA 91101 Vice-President 818/398-9971 Claudia Viek Fax: 818/398-8762 Executive Director San Francisco,Renaissance, ~rryBrynjulson , Center BusinesS'Market Management 404 Bryant Street Pacific Bell San Franoisco, CA 94107 2600 Camino Ramon lE400A 415/541-8580 San Ramon, CA 94583 Fax: 415/541-8589 510/823-3619 Fax: 510/857-4553 Acting/5ecretary Arthur J. Swerdloff, Esq. '1'onia McDonald Jerico Management Company President 1801 Avenue of the Stars, GSBI Global Business Suite 640 rncubation Los Angeles, CA 90067 6410 Green Valley, '230 310/286-7339 Culver City, CA 90230 Fax. 310/788-0117 310/5451-5623 Fax: 310/649-5533 Treasurer Tapan Munroe, PhD Jeffrey K. Kickel1l, CPA Chief Economist Manager, Elaerg-ing Pacific Gas & Electric Company Business Services 123 Mlss10nStreet Coopers , Lybrand Room H28!\: 350 So. Grand AVenue San Francisco, CA 94105 LOll Ang:elell, CA 90071 415/973-8484 213/355-5213 Fax:' 415/973-9527 Fax I 213/356-6502 Frans Verschoor vic,e-President Mini-pac 1051 North Gaffey street San Pedro, CA 90731 310/'14-555 Fax I 310/221-908 D~.~ 8, 1994 . J '3 ---- ¿,O .Ii .9 - -",--.-".---,-"-,-,- -_..-"-,---_.~+--+. PART I EXHffiIT IT - A - 9 RELATED FEDERAL FUNDS PROGRAM AMOUNT I) Community Development Block Grant (FY 93-94) $23,200 2) Community Development Block Grant (previoµs 65,000 years Planning and Administration) 3) Community Development Block Grant (previous 31. 776 years project surplus) TOTAL $119,976 - [(MD)c~wpSI\do<umcnll2OI.9S (.... 1"""')"" 1995)J /3 --¿ I A --S"'! . _ _._ ___.___ u__ ..._~__..__..,._____~..__~.__~_._.__.__ , .' . f ". I PART t;" EXHIBIT II ~ A-I RESOLUTION NO._ RESOLUTION OF THE COUNTY OF SAN DIEGO, CALIFORNIA BOARD OF SUPERVISORs ENDORSING THE BORDER ENVIRONMENTAL COMMERCE ALLIANCE (BECA) AND AUTHORIZING THE BORDER ENVIRONMENTAL COMMERCE ALLIANCE TO DELIVER SERVICES TO THE COlJNTY-WlDEBUSINESS COMMUNITY WHEREAS, on July 20, 1993, the San Diego County Board of Supervisors endorsed in concept the Border Environmental Commerce Zone (now referred to as the Border Environmental Commerce Alliance). a regional-serving program designed, to ,stimulate development and commercialization of environmental technologies. facilitate defense conversion strategies, diversify the San Diego economy, create new Jobs, and promote b~rder area environmental clean-up; and WHEREAS, on November 1, '1994, the Board .of Supervisors approved the Overall Economic Development Program.(OEDP) 199.4/95 Annual Report which includes the Border Environmental Commerce Alliance (BECA) project. as a potential candidåte for federal funding; and WHEREAs, the new BECA program is an extension of the existing federally funded San Diego. Economic Conversion program which serves the entire county; and . WHEREAS, the twO primary initiatives of the BECA are: 1) the Environmental Technology Resource Center (ETRC) Which will act as a satellite to the Sari Diego High Technology ReSOU~RC) providing outreach to South Bay Industry and most importantly, offering speciarlZ serve.s the environmental industry from throughout the 'County; and 2)· the Border Environmental . . luster (BEBC), which Is an incubator for small and start-up enVironmental businesses, providing low.Cost space, shared services and on- and off-site support· services; and . " WHEREAS,the Ç/ty'of chulaVista, acting as the.catalystfor this regional program, has been invited by the U.S. Department of Commerce Economic Deve,ropmeni Administration (EDA) to submit a fC)rInal grant appßcation for $2 million by January 14, with no funding being'requesfed from the County to pursue this grant appßcation; and WHEREAS, eDA requires a resolution from the County endorsing the BECA program and authorizing BECA to provide the proposed business assistance services throughout the County. '" WHEREAS,the BECA has been' endorsed by the City of San Diego, the San Diego Technology Council (oversight body for the EDA-funded regional EcOnomic Conversion program), San Diego Economic Development Corporation, Sóuth County Economic DeveloPlJ'lent Council, the Califomia Trade and, Commerce Agency, the Cåßfomia Environmental Protection Agency, theCalifomia Energy Commission, U.C.S.D.CONNECT, Southwestern College, the San Diego Greater Chamber of Commerce ¡¡nd many others; ¡¡nd WHEREAS, the BECA program will be located in a building made avaifable on ¡¡ donated b¡¡sls through a partnership of the San Diego Port District and Rohr, Inc.; and NOW, THEREFORE, BElT REsOLVED,the County of San Diego does hereby find, order, determine and resolve that the County Board of supervisors supports the Border Environmental Commerce Alliance program and ¡¡uthoÌizes this regional economic development program to provide services throughout San Diego County. "'ASS ED. APPROVED AND ADOPTED SY THE SAN DIEGO COUNTY BOARD OF SUPERVISORS AT ITS MEETING HELD THIS _ DAY OF .. . (MD~1\doc-Jment\182.~ .(reV. December 15, '1994}J IJ~¿tÀ /l-:-$.:L . '_'_ . '""_._ ...__.._..,.....______ ___.____.,.~___..___.__ 0·".._.-..-- PART I EXHIBIT II - A - lIf STATE OF CAlJ~WI"'__THE tf:SouRŒ$ AOeNCY Pm WII.5ON. 00_ CALIFORNIA ENERGY COMMISSION ~ 151' NINTH STRÆT SACRA.MENTO. CA 058 1.c-5$12 October ~3, 1994 Mayor Tim Nader City o~ Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor Naderl The staff of the CalifQrnia Energy Commission welcomes the opportuflity to work with the City of Chula Vista and other associated local entities to promote the Border Environmental Commerce Alliance (13ECA project .Further~ we endorse your EDA applioation and believe it oan have a major impaot on regional and statewide efforts to promote the commercialiEation of new energy/environment technologies. As the BECA project develops, CEC staff Can provide technical assistance in the following areas I 1. Seminars and workshops for Mexican government representatives and California Mexican private sector companies on I (a) energy efficiency and conservation, and: (I) alternative technologies and fuels to llleet commercial, agricultural and residential needs ~ reduce pollution. 2. Site visitè/tours of California POwer plants and· technology manufacturing faci11ties for representatives of Mexican utilities. 3. Trade and reverse trade missions to promote the utilization of California energy tecbnologies in Mexioo. 4. Strategies to reduce transportation-related pollution along the CaliforniaMMexico commercial corridor. We look forward to being an active partner in your efforts to integrate sound, :J:'egionallY-fooul:led economio development streategies with the untapped potential of California's environMental/energy industry. . - . a. BItBVINS Executive Direotor cc: Charles R. Xmbreoht,· Chair Sally Rakow, Vice Chair JJ~¡'; ,4/ - S3 "_,__________...__. ___u _______.____~_____ :,HOV 4 '94 10:27 PART] ." EXHIBIT II - A - IIg .1>-.,.r...~""-' ,. California Environmental' Protection Agency . """"".' ~W_M__ Nr~II«fn/.Þ. _-.-.I(-.rI\ts:tl&:Jt~.P-. "'HN'øfTœeit::r. ~øf¡;,. J,4. _ZDlH~Hazønl~ .~WØc:r'~CDtrtIoI.IlaarJ. ~WeRlr~CøtfbrIl~ Pete W"tlson James M. Strock Gowmar- ~¡....._- @ October .18.1994 Mr. Charles oaks EDA c/o FEMA D~saster Field Office 1150 East Colorado Boulevard Suite 101, Pasadena, California 913.05-'1937 ". . ØL'h' ?7!¡L ~~ . . .Recogubing the economic sigtrlficanoe of t;ho· 'Border ~irolllllenUJ.A1lilUlae. (BEe2\.) project, ~ California Enviromlental protection Agency CC8J,/EPA) ·is very pleased to endorse bot;h the project and the ·~CA application for EDA :funðs. 'J.'beAqency is coØ.l.tted 'to the promotion of California'S: 'environmental 1nd~ IUld to all efforts which are consistent with this' object:1ve. 1'he BBCA is clearly one such examp~e. Cal/EPA fully apprec~tes the uniqueness of BECA and its. ability to leveraqe its strat:eqicloc:átioD on the Califorpia- Mexico border Md the envirohmental J:n1siness opportunities which are now emerqinc¡ cas a rèSUlt of NAF'l'A. BECA aI:\d its COÇODent, prograJl!S wil1 be stronq catalysts for: the expansion of a vibrant . environmental industry in the Se.n Diec¡o reqion. . :Recently, Cal/EPA announced its· endorsemént. of e.n ' . environmental business cI.ust,er (incubat:or). in. Chula v'ist;aand of the caJ.1fornill.·Environmental·.!recbnology center (d::'r¢)' at the University of calUorn1.a., San D1ec¡0 (UCSDl' These CUU10UDCements demonstrate Cal/FJ?~.rs commitment and ~ denoe in whIIIt you and others lU;"e doinc¡ to promote the envirom.ental in4ustry tmd creat.e a htlalthier aDd IIOr8 divarsUied economy 1r,1 the .reqion. In part.icntl.ar, we _. II. stronq c?m1eotion end partnership developinq between the BBCA and CalIDA's export .progJ;U1. . Cal/J!:I?A.rs: Export: P.roçtrUl is interested in working' with SECA in .t;ha fØl.lowinc¡ areas: . .1.. Preparation of sœ;dnars and worksbQPs for Mex1ce.n government . ropresentatives a~ california and Mexican private . sector companies on air, water and ground pollution am1 . solid waste issues. . '. ,"~p/'~"" .......23$ .. SocnmcaIa.CaIII'amia 115814 .. (916)<14-5-03S44 .. fa>:: (916)445-6401 o .......~... . . I] /~r' , ,A-54 - ------- ~.,------_.._-_._..._..._----~.._.......__. ~....._._.- - tNOV 4 '94 10:27 PAGE.ØØ3 . ~ .....;'<"A "- Mr. Charles Oaks October 18, 1994 Page Two 2. l'aoilit:at.ion of site visits/tours of cå1ifornia environmental companies and. t.echnology manufacturing faoilit.ies for representatives of Mexican eompanies and government agencies. 3. Organization of trade and reverse trade missions to promot.e the utilizat.ion of California's environmental tec:bnologies in Mexico. 4. . Meessment of envIroilment:a.l technology need£ and development of øtrat:eg'ies to reduce pollution along the California-Hexico oommercial corridor. . . S. Dl_~-II1it'l..tion of information rGg'arcUng federa1 qrants . and federally sponsored envj,ranmenta1. businasc opþOrtunities (trade shows/lllilllSions, EItC.) from such . agencies as the Trade and DøVo'1opmen.t Agency, the U.S. Agency for Xnternat.ional Development and the Xnternat.ional ~de Administration. Cal/EPAlooks forvard to a productive and mutually beneficial re1ationship with BECA. With thca support of BOA. funds, we' are confident. that BECA. will providC! a muCh· needed, long-term ßtilnu1us to. the reqion' s economy. , : S~ , '. James H. st:rook . secretary for Environlllental Protoation .- '.. . . aø: Richàrd H. G1=een, Ph.D. Deputy Secretary caUtornia.. Bnvlrcmment:al Protection Agency '. 555 capitol !Iall, suite· 23'.5 sacramento, california 515814 . . . . . . . ., J]/t~ ** TOTAL PAGE.ØØ3 ** , A,'-~-S- -"'.--- -....----, -.-.-----.-.---".-,...-..----.- PART VI EXHIBIT VI - A - 2 . The Border Environmental Commerce Alliance (BECA) is an extension of the existing federally funded San Diego Economic Conversion Program, both programmatically and geographically. Extending the capabilities of the existing San Diego Technology Council, BECA is designed to deliver specialized assistance supporting the development, commercialization, and exportation of environmental technologies in order to encourage start-up of new environmental companies, the expansion of existing environmental companies, and the creation of new business and job opportunities for displaced workers and local residents. San Diego County currently contains 1,210,800 pe<;>ple, of which 34 % qualify as hispanic, asian, black, or american indian. The program is going to be located in the South Bay, specifically in Chula Vista, whose population is 50% minority. The program is designed to create both job and business opportunities for San Diego County residents. The South County Career Center will provide information about the program available to the roughly 1,200 persons who utilize the Center's job training programs each month. It is estimated that at least 50% of the Career . Center's Clientel are minority individuals. The South County Career Center is' a partnership of the San Diego Consortium and Private Industry Couneil, Employment Development Department, Sweetwater Union High School District, Southwestern College, Department of Rehabilitation, Department of Social Services, Comprehensive Training Systems, Labor's Community Service Agency, MAAC Project, and Vietnam Veterans of San Diego. . 1(MD)c~wpS,Idocam.tu\199.9S (.... 1""""Y 4, '995)] )3'~l.t /1- ~~ .._,---~_._--_._---~ PART VI EXHmIT VI - A - 3 Various public and private entities where involved with the, greater than sixteen month, BECA program development process. Representatives from the following groups constitute the core of the development team: Southwestern College (Small Business Development! International Trade Center) California Business Incubator Network Business Cluster Development Chula Vista Economic Development Commission Chula Vista Workforce Development Team South County Career Center (San Diego Consortium and Private Industry Council) Chula Vista City Council Many of those listed above were represented by women and or minorities and remain heavily involved with the ref'mement of the project as it moves toward implementation. For example, the two program initiatives (the Environmental Technology Resource Center and the Incubator program) will be administered through subcontracts with Southwestern College SBDClITC, and California Business Incubator Netwotk, both of whose Chief Executive Officers are women. A major objective of this program is job generation. The South County Career Center, the Southbay job training consortium, will playa key role in coordinating matching BECA client . businesses with local potential employees. The Career Center clientele averages over 50% minority. [(MD)c.~wpSl\døcumm1\2OO.95 (....lomwy 4, 1995)] / :3 ~t 7 . 11 -.<;;7 _ _.u______ _ ._~___,_,,~_""_.~_ _,.__._,.__..______.____.."._.__ ATrACHMENT C· \ . AI ..... -< " ~ ¡¡;r:; '" A .!! ïi-1!'!!~ a~¡.¡'" '"' "E ~ IH! f¡ ~ - ~§ <oj o "" ~ ......Lt. 0 j <-.. :f~ÕO.Ö U¡¡r: r.::fxJg< .. ......,. ... . . A ~ ti . · ¡'¡~f-< · . .. . · -ß.æ¡ :œ .~ t8~ ':'i :. . ¡ ~. ðf-< 2; . ~~ '. . jjr:. . .. 'IL.. .g " III~ '" ð . ~. ..~ . ~ !J' (f. 0 I: ¡. I: 2; ~C I: ~ . .O:><1:EQio " § ~o":!i . 0 ~ 0 " .'2; ~CII &,j; 11 .:ð'~nlJ " . ". ~. " . ~ . . ... . - ..G . .J: . "..~. . g e . . ;¡ . . VI' i! '. A ~i if@ u .¡ Ú p: :: .PI - .~ 1.i .~ .~~ off if .. ~ : ";;J ~~ III... A< .. We -¡ III~ J.i is .._ " . ~ ~ 'fj ~.:B . <-< . : - _ ....-.::t" .,-. . ]la '..; ~ . . . ~.CI),.J:o;;¡., .,. .. . .. .' . . . ".' . l3 /Ct ~. . .. , ~-". .. .... ~ /1- ~ -- - -_._._..~_.._------_._._-,------- . AITACHMENT D - (CaIN) . . MEMORANDUM OF UNDERSTANDING BET'WEEN THE CITY OF CHULA VISTA AND THE CALIFORNIA BUSINESS INCUBATOR NETWORK 1::.:<>..-..·. C 'i" ROLE DEFINITIONS: , . City of Chula Vasta: Referred to hccein as "City". The City is agreeing to provide $10,000 in seed moncy to help develop the Incubator program. and ·will have right of approval of the Incubator Draft and Final Business PIan. and of payment to ÇBIN and the Developèc from' the City's seed money and. from private donations, asdclineated .hccein and in the accompanying contract between CBIN and the developer. . California Business Incubator NetwOrk (CBIN): Referred to herein as "CBIN". CBIN is the interim non-profit .tfmini.tering agent of the proposed Incubator, and is the "local team member" to assist Business Cluster Deve10pmCnt to develop the incubator program and facility. BusIness Cluster Development (BCD): Referred to~ as "developer". The developer, under contract to CBIN, will prepare and implement the incubator Business PIan. and accomplish the initial opening of the Incubator facility. C::hula Vista Border EnvIronmental Business Cluster (BEBC): . Referred to herein as " - . - '. "incubator". The BEBC is the proposed Incubator program and facility which will provide low · cost space and shared services for sWt-upenvirQnmenf21 firms. .. . .- . . . · Çontnict: The contract refers to the «IatëdeontractbCtweenÇBINand' BU$iness .C1u$ter Developmem, theDevC1OpeC, whiclueqliires dCvc10per to prepare the Incubator Business Plans, nise fiuidsand open the Incubator facility, subject toÇity Council aPProval. . . . · Mi$slon: The City of ChuIa Vista and the Califomia Business Incubation Network (CBIN), .& · non-profit501(C)(3) organization. havcenterc:d into thfs mtmorandumoflllldmtanding Jnorder to help create the ChuIa Vista Border Environ""",,;" 'Business Cluster (BBBC); an en.vir.onm""f2' business incubator program. The City of ChuIa Vista Is coiltributing $10,000 In "seed 1D.OÐCy" . to CBINas the interim non-profit sponsor, to aJIoW the. InCubator tóÎnove forwmLThe goal . of the Incubator progiam is to· e.ocourage eiivironm""t., business start-ups by providing & Common site witbintb.e City of Chula Vista where 20-25 start-ups can co-Iocate and receive inexpensive space, furnishings, and lIWIJIgement services as wen as blisiness development assistance and networking dcs~ to improve their chances for success. The incubatOr will be coordin.t""¡ . in a m.;'nl".\" to rri.Timi';'c its interface with other projects. within the Border Environm""f2'Commerce ¡\1Ii.nl"'= (BBCA), including the Border Environml"nf2' Technology · Resource . Center (BE'rRC). aridBBCADcn1onstraûonProgram.and with the Califutnïa: · Bnvironml".nf2' Business Incubator Progrim. (CBBIP). . .. .. . · . . . Board of Directors: . The ·ciy~f ChuIa Vista aDd CBIN will remain:independem or~~i~tio~. . ... A Board of D!i-ectors wiUbeformod. toprovidc{>Olicy andg~ adIninistrative oversight Of the incubator program and thenoni'rofifatfinini.teringagency/spoÍlSor. . ! ]< IP 9 , : ".. .. , .'NFC M:IHCIMI!ICoMMI;>BVI18U.94. . .Page 1 A~~-q , . .... .m__.. .·._·..··.u__·_~_··_~_____·_ . 'DRAFT MOU . t;.~~ '.'~ The Board will include members from the City of Chula Vista, CHIN, the incubator sponsors and other community and environmental business representatives as determined by the Incubator Business Plan to be adopted by the City of Chula Vista City Council. Operations: 1. The City of Chula Vista agrees: a) That CBIN will be the interim nonl'rofit sponsor' of the Incubator and will coordinate the initial development and opecations óf the Incubator. In this role, CBINwill accept donations of capital, furniture and equipment for the Incubator project as an IRS-qualjfied 501(6)(3) DODl'rofit, and will perform Otl1ef functions as deliW'-'lted úi Section 2 below. The City in its sole disccetion may replace CBIN with anotbec nonprofit organization to manage the Incubator at any time (upon 30 days notice). It is anticipated .that CBIN will complete the start-up phase and be replaced by a local pennanent nonl'rofit sponsor no lat.er than the end of the first year of Incubator opecations. b) that it will donate $10,000.00 to CBIN tñ~rder to provide the initial fundS (seed money) necessary to start the Incubator development process .upon aecution of this contract, for the purpose of CBlN's m.l<iog the initial $10,000 payment to the Developer to begin to develop the Incubator Business Plan ind obtain private sponsor fiÍ1ancia1 commitments. . . ~) that it willpCQVide li';'itM staff support (Cst1m.ted to average ieŠs than 4- houts··. :: . per week)..lnc1udiog rcyiew of~dgeCs,busIness pIaitand 9ther1in'~<:iaI rcp,ons. . . andassìstmcC tnidcDtifyingpot....ti.I donors of capital and s¡)aee{sponsors) as, wen as with securing D~Saiy wll1lll\liúty_m.nl"-tS. '. . d) that it wiIltake the Ie:¢ role hi the1auoch/~ of the· Border EnvIrc:>n""""hlI BusIness'Clustec. i.e., the Incubator. Organizing and funding the Iaunchlann.blll1CemCnt will be the responsibility of the City with staff assistmcC . from CBIN and the Developer. CBIN; the Developer. and Incubator 5pó11SOrs will all receive public ~gnition for their contributions. - 2. CBIN agrees: a) to accept funds raised to underwrite the developmentof.this project as donations to CaIN, a nonl'rofit S01(e)3 organization and to be responsible for all Incubator related accounting systems and fin.nclaI management. using the accounting firm of Coopers and Lyb~ŒIN: will be..mitll'4to 'subtract management fees based on acttWbillable hours, not to exceed a 7% fee fróm cacli donation, tocovu'ùs :fid~ :liiUiadmi1iÌstrativcèåštS:c CBIN' Wiii m.i"hlin separate books and recordS for ~ deposits into and disbuni""'~ from. the.ti.duc:.iary accounts h'nlflil1gtax deductible dOnatiODS.CBlNwill not be.. entitled to retain: any1nterest that iseamed on thetimds deposited in theSe fiduciary accounts.lDtetest earned on thefiduciaryaccoUDt will be for the sole . . .. ..... , .;. r : WPc M:\HOMB\O:'JMMDBV\182&.94 j j -7ó ." Pagè~ A;.;.bO . .-. . ..._...--.._.~-- --~,-----_._~~--- < DRAFT MOU .8:: and exclusive benefit of the Incubator project. In addition to the accounts for incubator donations, CBlN will keep separate books for handling incubator revenues including rental proceeds. CHIN will be responsible for management of the budget and of all daily accounts payable and receivable of the Incubator. CHIN will provide the City monthly financial reports. b) that it will enter lnto' the attached consulting agreement with the Developer to . . manage the development of the Incubator and that CBIN will act as the loca,1 . "team meuiber" to assist the Developer to execute the incubator development taslai outlined in the contract, and as reqUested by the Developer. CBIN will . make payment to the Developer as provided in the attached agreement, subject to recciptoflcceptable ·deliverables (the Draft and Fi~ Business Plan) as . approved by the Chula YlSta City Council (see Section 4.0.1 of the CBINlDev,eloper COnlract). c) that subject to ld....tific;¡tion by the Developer and approval1¡y the City Council ofappropriatc incubator space, it will lease such space for the specific purpose of housiDg the·Incubator. CHIN will pal all expenses related to the development and operations of the lncu1¡ator from spolÌSor funds raised by the Developer and rents collected fiom Incubator tenants. d) to hire Incubator staff as c:o¢'actors of CBIN and to pay Incubator employees froin funds in the Incubator operating budget, which will be funded from sponsor . . donations and rents cxil1ect.ed.CBIN shall be responsible for sucli benefits'as . 'r.eqiúred by Iaw,iIsopaid from the Incubator opeCathigbudgct.CBINshalI haVe .' no fin'n"ia1,~OnsibiIity 'lorthC .eap1tai;opecatiDg:, or 'Otl1ti ~ of-the, Incubatorfn excess ~fthe Incubator,rCvènUes,l,oclú4iDgboth rents IIIdsponsor . do¡¡ations. .' . . . . .. . c) that· it will rcccivcappIications from Intecesœd start up businesses IIId that the City will be informed Ibout start-upsrecciviDg cOnsideration for entry Into the Incubatoi IIIdwillrcccivc copIes of allsubleascs' With start. entering thC Incubator. The City Council will be respOnsible for adopting overalll.ocubator policy including the inItial locubator teoant se1ectiòn (e1igiþiIity) criteria. - . . However; . the Devc10per will make the final decisions coni:emiDg Initial businesses to. be allowed entry into the Incubator. Mteccomplction of the duties required by the contract With the Developec, the City reserves the right to form a Technical Advisory Committee(TAC) aodIor a Fin.nrJ.J. Advisory Committee (pAC) to. review C2ndirl~te t('.n.nl>: and make final tenant selection decisions; the TAC and PAC may be subcommittees of the Board of Directors or scþarate . adviso¡;ygroups. . . f) that it will pr~ .property maiJagemeot· secviccs· forthchXubator facility, . .includiDgoÝ~jght 'of: . Initial ·'facilitybWld~t[1mprov~ents, eqUipment purchasiDgllcasiDg,~ collection, and facility and cquipinemn\.lnt".n.n~ as '. appropriatc, as wen as payment OfallccIatedfees imdbills. '. . , . , . . . ! < .- ., Wi'C M:IHOMl\lOOMMDBV)1026;", /):""7/.. .". Pagd A-fa t ,.------.--- - -~-_._._-"- -- ~_.__._._._-_.~_. . DRAFT MOU K: Y:K - . g) that it will coordinate meetings with potential financial sponsors. the Devcloper and the City as appropriate and as requested by the Developer and/or the City. h) that it will assist the Developer to ill1Jlement the Incubator marketing and pub!i~ relations plan as requested by Developer and the City. i) that it will take .the lead in devcloping local alliances to provide business development support to tenants, including, but not limited to, in the areas of: financial assistance; job/entrepreneurial training; environri1cnta1 export assistance; environmental compliance and permittii,g assistance; en:viroiimentaI and other . data-base linkages; partnership and. distribution linkages;. environmental technology transfer; and trainiog in environmental management teclmiques which - incorporate the uSe of sustainable technologies into tenant businesS practices. Such ~1Ii.n~ are to Include. but are not limited to, the proposed Boeder Envirollm..nhl Tl'r.hnÍ<'al Resource Center, the State's Qilifomia Environm..nhl BusineSs Incubator Partnecshlp, the San Diego High Tech Resoun:e CenterlRegional Technology ."'Ii~lce, and Technology Incubator Program, as weIl· as the Southwestern CoIlege SmaIl Business Development Center/International Trade Center (SBI:fCllTC). . j) that in addition to the tasks outlined above in sections "c" through "i", it will assist as sp""'ifically requested by. Developer to cany out tasb Identified in the attached contract. CBIN will be entitled to be reíÍnbursedby the Developer fot sccvices performed as requested by the Developer per tbccontract in tbclmount . of $SO per hour·not t(I excieed $30,000 In total, iubj~ to approval by the City '.. Cotinc.i1 asdesçribed In ScCtion 4.01 through 4.OS ofthecontract.Th!s $30,000 {s eXc1usiVcofthe mn'lmnm 7%fiscaImanagemcritfee. perltem "a".oove.aud .shallliclnvoiced aècordiogly. 'k) that .t will assume CC8pØnsibi1itY før daily managcm.cm, aod fin~""iallCCOWlting for tbc Incubator and (or fin.n"Úll reporting to the City until another QOn-profit is selected by the City to assume Incubatormanagemcm. . . I) that the City rc:secves the rigbt to form an Executive cOmmittee. to provide MOU oversight as deemed appropriate. . . m) that it wiIl. at City's request, file with .the City Form· 730, "Stat.·Jnent of &anomie Interests" in accordance with the Fair Political Practices Coll11IlÍSl¡ion (FPPC). n) that it will provide evidence to the City of insurance coverage as follows: 1) Statutory W(rkersCompensati.o~1nsurance and EmployeisLiability : Insurance. as approved by the City. . . . . . , . .. . J WPCM:\H~ÌM1824< '. . /3':/:1- '. Page 4 /.1-b d- L' i'_ -"} . DRAFT MOU t;.;:w.,...... ;,. "^ .:....:.. L. 2) Commercial General Liability Insurance including Business Automobile Insurance which names City as Additional Insured, and as acceptable to the City. City of Chura Vista Obligations: It is expressly clear that neither this MOU nor the accompanying agreement between CBIN and BCD obligate the City of Chula Vista to any direct financial participation above and !>eyond the $10,000 contribution to CBIN for program seed money. Location .0C Incubator: It is expressly·undecstood that the City's participation in thisMOU and thc related agreement between CBIN and· BCD requires that the C!1vironmcntaIineubator be located in the City of ChuIa VISta and that ÇBIN and BCD arc prohibited from developing an Environment.1 Incub~r within the County of San Diego without the written consent.of the City of Chula VISta City Council. Contact Persons: For pwposes of the MOU and the related contract. the contact person at the City shall be the Economic Development ~anager. The CBIN contact shall be the President, Sheila Washington, and the Developer contact shall be run Robbins. . ~: ßy; Date By; Date Sheila Washington, President . . 10hn Goss, City Manager . CaliforDia Business Incubator Network: City of ChuIa V~ , ,. Acknowledge and ApproVed BY: . run Robbins . "Busines.s Cluster Development . . oj' , f I. , . WI'C M.1HOMIIIOOMMDBVµøu.oj J J ~ 73 ·Pagd ,ilL£.3 . --.-....-.-....-..-..-... .........--- ..._.-~._- - -------.----- AITACHMENT D - (BCD) . CONTRACT FOR SERVICES . DEVELOPMENT OF BORDER ENVIRONMENTAL BUSINESS CLUSTER (INCUBATOR PROGRAM) This AGREEMENT made this day of . 1994, between: CLIENT: California Business Incubation Network (CBIN), having a principal place ' of business at: 350 S. Grand Av~.. Los Angeles, CA 90071; and .' CONTRACTOR: BuSiness austerDe'Vc;lop~ent (BCD), having aprÍncipal place of business at 16Q N. Castanya, Menlo Park, CA 94028. Referred to herein as "Developcc". , DEFINITIONS: . Border Environmental Business Cluster (BEBC)- referred to herein as "Incubator": The incUbator program and facility which wiII group small start-up environmental COmpanies in one bliild~ and provide benefits and assict:¡nce to encourage the commercialization and demonstration of environmental technologies. Business Cluster Development: ,Referred to hcrcin as "Developcc~. BCD will act as the Incubator developcc. Vader contract to èBIN, and in accordal1cc with the related MOUbct\vc:ea CBINand the City ofChulaV'JSta, BCD wiUpr;cparc and Implement the Incubator ,Business Plan, 'and ac:comPIish the initial opening of the IDcubator facl1ity. . '. . , , 'California Business Incubator Network: 'Referréd to herein as·CBIN·. CBIN is the interim non:.profit 8dministeriug Ïgem of the p~ Incubator and is the ·local 'team , membec" to assist B~ to develop the Incubator program and facility. .. .. City of ChuIa Vista: Rcfecred to herein 2S "City"; The ~'Is pCOViding $10,000 in seed money to the Incubator project and has the right of appI'Oval of the Draft.and f"rnaI IncubatorBualness Plan; as well, 2S of payl11ent to the developCr and CBIN for costs '. , incurred 2S dp.lin<:ated hecein and Iri the related MOU. , MOU:Refecs to the Memorandum of Uadecst~ntfing between the City, of ChuIa VISta and CBIN which outlines their respective roles in the Incubator project and requires CBIN to 'COntract with BCD,:the developcc, todevelopthe InaIbaioqirograni. and facility.' ;. . '. . . \ .r ,', , . ~ T. ._. c. , Wl'eM:1II0MBICx>MMi>I!V\182U' /J~?f l?"8el /l ~0 (¡ ..______..nn__ _....__.__.."__.....____~.___ _~_. . ARTICLE I. TERl\;f ÖF CONTRACT Section 1.01. This agceemcnt will become effective upon execution, and will continue in cffect until the services pcovided herein have been performed, unless terminated in accordance with provisions of Article 7 of this agreement. ARTICLE 2. INDEPENDENT Developer STATUS Section 2.01. It is the eJCJcess !.ntention of the parties thåt the Devclopcr is an independent Developer and not an employee, agent, joint venturer or partner of CBIN. Nothing in this agrecrocnt . shall be ·interpreted 'Or construed as creating or establishing the: relationship 'of . employer and employee betwecnCBIN and the Developer or .any employee or ilgent of the Developer. Both parties acknowledge that the Developer is not an employee for state or federal tax purposeS. . The DeVeloper shall retain the right to perform services for others during the term of this agreement, eXcept as prohibited in the MOU. . ARTICLE 3. SERVICES TO BE PERFORMED BY DEVELOPER Specific Service .:F_... Sectlon3.0.1. The Developer agrees to develop an environm..nf2' business incubator within the City of Chula VISta, includingthë follÒWing taslcs: 1. ldeDtifY. ~~.Jin.nçial ÇoOSÔ!'Sto provid~a site/facility for the Incubator, as w.el1. asavailab1ê'fuiDiiUic'and cècd ãpiiaI for. tfiCincubator. .;(Seed c:aPltatis the fuIJdfni . œccred topay:opCrational ~. ··untit t.eIIant. rents aresufficicDt:tO ~ such· .. cxpCnseS.) Reauitment of sPODSQrs aball lDcIude preSelitations to P«entW.spoœors and . foUow-up to beJp secure their support. . . 2. IdentifŸ a preferred Incubatot sitcand at least. ODe alternative site, each .of which accommodate 15,000 to 20,000 sq, ft. of Incubator ipace. or enOugh space toadequatc1y . accommodate up to 25 met up busj~. 3. Provide a ð~jled writtcn-site analysis which Includes a functional and tin'''''ial analysis of the advantages and disadvantages of each site, and a spread sheet analysis of ~tim.t~ income and expeiJses at the potential sitel;, Le. a projected operating budget for the firSt two years, inclu.dIng all development costs. 4~ Recomm"J1d and sCcure 'appropriate donated site. .. . S. Dève1òp teCònim..nðedWator 'PrOg'(âitt·goaIs~'iniiiaP~átor'.jJOlicÍes;;'opcrating.. . ",,' ~..'- -.~ . ,'" . ",,'.' ,-.. -' . ';..- ~ ... ',', ."..........,.-.:.:-. .:' .; '-' .'-, :::'.. '-' prúicipleS includirig~plication and tènaritsclection:criteria (éonslstent with the. Border . '" """" .' .. . . . -.... J . /IJ,>7J .... -, t . W1'CM:\H~_.04 . .. ··.;.>,.'f "Pag~2 )1- b ç- . ,"'; . EnvironmenW Commerce Alliance Mission Statement); and management structure, i~cluding recommended Incubator staffing. 6. Prepare a marketing plan to identify potentially successful cnvironmental business niches/sectors and to attract potential start-up tenants to thc incubator and prepare public relations plan to publicize the incubator. Develop and print a "Border Environmental Business Cluster" brochure. 7. Hire and train incubator staff (who will then assist in remaining tasks). 8. Solicit incubator ten.nt>:; Scceea and qualify interested start-up businesses; select initial incubator tenants in accordancC with approved ~lection cciteria. '. . 9. bversee facility pl.nning and site fit-up. 10. Assist and cooperate with CBIN in the cceatlon of an alliance of local and 1'egÍonal environment.,. business, public and educational institution resources to work with the incubator start-ups. ~ -: 11. Assist with.the fomiation of the Board of Directors for the incubator,' as well as the T.....h.,ical and FmanciaI.Advisory Committees, as deemed appropriate by the City, and . with. the development of related policiës and procedUres. '. The Developer agrees to prepare aòd .ubmit to the Chula VISta City CounclI for their review ~ C9mmpnt.a Draft ddaned,~~usinessplanfor the Incubator program. The Business, ~Ian sliallioclude: . a:. . site identification Per itein2 above. b. site analysis per item 3 above. c. . identifiCation of potential sponsors per item 1 above. d. two year operatiog budget per item 3 above. ·e. recom·n1ended.~ator goals, policies, operating Principles' and .management structure per.item S above. f. . proposed implementation schedule. g. marIccting plan per item (í above. h. recommended serviceproviders/.IIi.nl".e network, per item 10 above. i. reCommended Board and Advisory Committee structure and policies per item 11 ¡¡bove. t Following teceipt <Jf staff and CoimclIlnpu~tbe Developer agrees ~ prepare a Fm.aI:Bilsiness . Plan for review and adClpti6n'by'tbe CïticOuncu and shä11 submit fourboùn4 and one Unbound . -,' '". . . copies. . . . . , '. ~ . . WPC M:\HOMI!I¢OMMDBV\1I!26.94 '1.,,-... 13-' 7? Page 3 )4-bÞ ---_........,._---~.---" --- --~~-- ----- ..-.-----. Employment of Others Section 3.02. Developer l)1ay, at the Developer's own cxpense, employee such assistants or subcontractor as Developer deems necessary to perform the services required of Developer by this agreement. CBINlruIY not control, direct, or supervise Developer's assistants or employees in the perforlrulnce of those services. Devcloper assumes full and sole responsibility for thc payment of all compensation and cxpenses of these assistants and subcontractors. Place of Work , Section 3~03. Develop.er shall perfomi the services required by this agcccnient at any place or , location and at such times as' Developer shall deteni1inè. Developer will. however. attend meetings in the city of Chula VISta as requested þyCity staff. Travel costs to Chula VISta and related lodging expenses will be reimbursed separately from the compensation stated below in Section 4.01. from cash donàtions. ARTICLE4. COMPENSATION Payment Benchmarks . ~:;. Section 4.01. ,In consideration for the services to be pecformed by DevCloper. CBIN agrees to' , pay DevCloper: , . .' ,The ~eIOP!11CD,t ~ J:o~,~,Projeçt~becS~,OOÒ.OO ;plils traY$!...anc!.~giog~Cs'" As , ' ¡n"i{"~inSeètiòn'3.0;I. aIioV~ thè~~S"~~'i;~ihån"Ìiië1uäê*i;tA~iSt¡¡i' aãMtïes 'for the ;~bator :;fucfuciing:¡'ó~~;¡Óiì~i'~ iDd~¡";';t~';;Jeu;és'~Shi' .. Þ h" "'. - _." "".' _", ". . . . , donatioDHor opCratipnaI costS;·'~DcveIopet'.compcnsatioUhaII be paid by CBINfromthe , fuads' raised by the DcveIopec, with thecXceptionof the first $10.000 payment wtúcIi shall be made by CBIN from the $10,000 in seed money provided by the City ofOmia VISta. _. . . . . , y' '.' '. I WPC~\H~~94:' 1}~77 Page 4 : ,/I-b 7 - - -- - - --, --~----------- ~.--- ---... .. , The development fee shall be paid to. the Developer according to' the following schedule of benciunarks: ßendunark Payment Approval . l. First benchmark: Signing of development $10,000.00 Upon execution of MOU between City of contract Chula VIs" and CBIN, and of CBINlDcvelopec colllw:(. 2. Second benchmaric $15,000.00 Subject 10 City Council review and approval of Draft Business Plan Ü>cIuding . Completion and o¡>proval of <he D",(t evideøoc of oomm;tm#'l"tl. Business PI!!!; . ~ Soonsor c:ommitmeots obtained (or the . flISt $40,000 of seed capital 10 dcvdDp <he . Incubator, (Noœ: $40,000 Is aclusive of <he $10,000 lee. for. IoIa! $50,000 Amdraising ........"m.-i:.) 3. Thhd ¡,....-hm.,ÿ. $10,000.00 Subject 10 approval of <he FmaIl!usiness Plan by CIty Council · FmaIl!usiness Plan Is 1UbmittA:d &lid approved by City Cow>ciI 4. Fourth bcoâJmarfc $15,000.00 ""'> Facl1ity lor <he Incubator Is oecurcd, &lid IUl!icient oeed èapitalls raised IÖ op<u.<he r~'b.1oc &lid I/IðIncubator is.offi.ci.al1y . . .~. S. Fdth.~m.~ . . $10,000.00 Subject 10 appto\'I1 by CItyC~_'I . All projeC:t~ imder Ø>= CCXIIà.:t '.1 . .Is"""'l'~ .' . TOTAL $60.000.00. , ., . '. " . . Timing Section 4.02. . The DCvc10pec agrees to have COmpIc:tcd the Draft BasinessPIan within Z months . of the ~tion of the MOU and the coDti'act;to have comPleted the F'mal B~iness Plan within . 1 month o(City Couocll's approval of theDèaft Plan; to have secured the site and opened the ÎlIaIbator within 3 month~· of completion of the F'Ùtal,Basincss Plan and tÒ have completed the entire contract within 2 months of cxCCûtlon of the contract. Payment of local team member I Section 4.03. ThcDevcl.openhall bc~poDSible fOr dcvclopirigr.~""""Qnl1g the Ifrobatàr, and specifi~y for~tasksd,.1jn~ inSection 3.0,1. above. . However, in that,capacity,.tbc . Developer shaIl. be 'able to utiIizC ·~'services of CBIN to assist as , the .locallricubator team member (as noted in the MOU between CBiNand the City ()fCh~ VISta) in such . ( , , 13/7? < . , '. . . . ,... ·wPcM:~l!vit82Ú. ' P88e.š· /1- b~ --_.. ..""-- - _.~_.--_.~_..- - .---....-.---.----...----.. ------ - ---- implementation, BCDmay reimburse CBIN on a billable basis at a rate of $50,00 per hour, not to exceed $30,000 in total over the life of the contract, . Invoices Section 4.04. The Developer s\u[l submit invoices for all scrvices rendcred per the schedule above. Such invoices shall also identify an. hourly brèakdown of billable services by CBINas authorized by BCD. Upon receipt of payment by the developer, the developer shall immediately pay to CBIN any amounts owed to CBIN for hourly services pcrfonned and approved thereby. Expenses Section 4.05. De,:eloper shall be responsible for all costs and expenses incident to the performance of seryices, including but not limited to, all costs of equipment provided by Developer, all fees, fines; licenses, bonds or taxes required of or imposed against Developer and all other of Developer's costs of doing business. ARTICLE 5. OBLIGATIONS OF Developer ...... Tools and Instrumentalities Section 5.01. Developer will supply all tools and instrumentalities required to perform the services under thÍ$ agreement. Developer Is not required to purchase or rent any. tools, equipment or services ûomCBIN. . . Séclion 5.02. Developcc wui not be &b1e toCBIN.orto anyone who may claim any right due .; to a relationship with cBIN. fo~ any ads or omissions in the perfutmancc:Of serviCes.~ the tecmsof tþIs AgrCcmem or on the Part òf employeësor agCms.ofthe Developer unless such acts or omissions àicdue to ~Iigcncc orwillfuI misconduct, CBlNwilllnd~""nity~.hoId ÐCvelòpec free and hannIeSs froIn any obIigations.costs, claims,judgmentS, attorney's fees. and ~ft<t,.hm"'ÚS arising Ûoui, growing out of. or in any war connected with the IervÍcesrendered . to CBIN undecthetecms of thiS ~ unless DcveJopcr Is judged by a Court of com¡)etent jurisdiction to be guilty of willfuI misconduct, . Assignment Section 5.03. Neither this agreeInem nor any duties or obligations under this agreement may be assi8ned by Developer without thé prior writtèn·conscnt of CBIN.and the City of Çh.tili¡ VISta in . . \ . . . I their sole disccCti.on. . , . ..' , , . , . '.' ..' . ) -. '. ... , J . .. WI'<: M;"'OMBIO:>MMDBVI1826." ) }" 7~' Page 6 , A- f>1. -------- .---.-------. .~----- ------- State and Federal Taxes Section 5.04. AI; Developer is not CarN's employee, Developer is responsible for paying all required state and federal taxes. In particular: · CarN will not withhold FICA (Social Security) from Developer's payments; · CarN will not makc state or federal uncmployment insurance contributions on Developer's behalf; · CarN wi\! not make disability insurance contributions on behalf of Dcveloper; · CBIN wi\! not obtain workers' compensation insui'ance on behalf of Developer. Financial Interests of Developer Section 5.05. At City's request, CI3IN andlor any executive therefor, as designated by City, shall file with the City Forni 730 ·Statement of EcOnomic Interests· in aCcordance with the FPPC , regulations. ARTICLE 6. OBLIGATIONS OF CLIENT ... Cooperation of Client Section 6.01. CBlN agrees to comply with all reasonable requests of Peveloper (and provide , access to all d~ reasonably) necessary to the perfonDance of Pevelopcc's duties .under this agreement. . CBlN agrees to receive ~Utions. IIl.aD2gc pl'MI.ntij)g and boolda:Cpingand pay iocubator employees until ~.timc as à locarnon-profif&geÌ1cyfs ;tf""tifiM or created. to be the ~.nent owner/sponSor oCthe incubator, Assignment .Sectlon 6.02. NeitbecthiS agi-.:.m...Jtt or any duties or obligations uiider this agreeinent may be assigned byCBlN withOut thepriorwritt.en Consent of Peve1opecan4 the City of Chula VISta. ARTICLE 7. TERMINATION OF AGREEMENT Termination by Client for Default of Developer t ,_ , '. . Section 7 .01. Should Peve10pcc . default in.the pei.fomwu:e ofthls agreement or ¡µaterially breach any of its proYrswns. Oiè,at,atCIieøt's optio!\..or.the City ofCJiuJa, VIsta at its optio!\. . . may tecminatethis agreem...nt by giving Wiittennotificationto Peve1opec.PaÿmCm sball still be due Developer for ally completec1lx-cI1/.'j,in.rks. . . . , ,. .. .. . .', ... .... I i n- WPc M:\II<>M!!\COMI,Ì)IMU26.o<. ·/3--- g--fJ .. Page 7 /1-70 0- ......._.,.__,_____. _,____ - ----_._-,--~- Termination by Developer, for Default of Client Section 7.02. Should CBIN default in thepcrfo¡'nuuice of this agreeme~t or materially breach any of its provisions, Developcr, 'at the Devcloper's option, may terminate this agreement by giving written notice to CBIN and the City. Notwithstanding the foregoing, such termination shall not become effective IIntil 30 days after such notice, during which time CBIN shall, at the City's sole discretion. be given the opportunity to cure such breach in a manner satisfactory to the developer and to the City. The City sfull reserve the right to replace CaIN as stated in the "Operations" section of the MOU during the developer's 30 day notice period _ or at anytime during the contract period with 3d days notice by the City. ,Payment shall still be due Developer for any completed benchmarks. Termination for Failure to Make Agreed-Upon Payments Section 7.03. Should CBIN fail to pay Developer all or any part of the compensation set forth in Article 4 of'this agreement on the date dlle, Developer, at the DcvelopeC's option. may terminate this agreC¡nent if the failure is not remedied by caIN with thirty. (30) days from the ' " date payment is due by giving written notice to CBIN and the City. ,... ARTICLE 8. GENERAL PROVISIONS Notices Section 8.01. An.y notices ~ be given hereunder by éither party to the other may be effCCfed , either bYpcn;Onal delivery in writing 'Or by JDai1, registered or ccctificd,postage prcpar~ with ' return receipt reqtiCS(cd. " MaiIed" notiœs,~beaddressed to the parties at the addresses appcaringin tl¡cintrodt¡ttóryPafagtaph 'Of this agreemr..nt. bllt cachparty may change the 'address , by written notice in accordanCe With this paragraph. NotiœsðcIivcrCd persoaaIly Will be deemed communicated as of actuaI rcccipt;malIed noticcswill be ,deemed communicated, as of two days aftcc moiling. ' Entire Agreement of the Parties SectIon 8.02. This agreement supecscdcs any and all BglW'ments, either oral or written, between the parties hereto with ccsIJCC?ttothe rcndcringof services by Developer for CaIN and contains all the cov~ and agret'mcnts between the parties with respect to the rendering of such services in any monn"C whatsoever. Each party to this agreement acknowledges that no representations; inð"remcnts, promises, or agc....menci; orally or otherwise, have i>F mäde by any PartY, or anyone acting on bchaif of any party, which are not embOdied hercin,,'andthat no other agrec-.n¡ent. stot'-ent. or promise nOt contoined in this agt"<¥.I\1<"nt shall be validor binding. any l!1orli/1cati.on óf this agreement will be effective only if it is in writing signed by the party to be charged. . , .. . , /3 -r¡ WPc M:'HOMI!ICOt.IMDBVI1826.94 PageS ' , ' A -7( . -~...,---_.,---~---- . . . Partial Invalidity Section 8.03. If any provision in this agreement is held by a court of competent jurisdiction to be invalid. void. or unenforceable, the remaining provisions will nevertheless continue in 'full force without being impaired or invalidated in any way. Attorney's Fees Section 8.04. If any action at law or in cquity, including an action for declaratory relief. is brought to enforce or interpret me prov,isions of this agreement" the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purposc, in addition to any other relicf to which that party may be entitled. Third Party Beneficiary Section 8.04. The parties hereto aclcnowledge and agree that the obligations ~et forth herein are for the benefit of the City of Chula VISta as a third party beneficiary of this contract. Approved by: ~.. rllD. Robbins Date Business Cluster Development (BCD) Approved by: Sheila Washington, PresIdent Date California Business Inèubator Network: (CBIN) . ; . WPC M:\HOMB\OOMMDI!VU826.~ / ;] ~!?;L Page 9 ,A~ 7 d- -- - ~-~----~- ~~~~ ---- ..-------.---., -,.._.~ A IT ACHMENT E - Page 1 ðiªi ~ ~~~!~ ~~~ iilª~~ ~!i~~~~~~~~~~~~~~~~~~~ ~~ 1 .. H~~ ~ ~ I ~ §8~~u§.. ~¡h!!:~~§~ ~ U ;¡ «« ªªª ~ ~~~~~ ~~~ ii ~!i~~~;~~~~~~~~~~~~~~ ~~ 1 ~ ~!2~~ ~2~ i~~~!~ !~g~~~~oß~~!~!ßŠ~~§ ~ ~ ~5!~ ! 1 ~ = aa~~~ ]~ ~~~~~~ ~~~ ~ ~J~~~ ~~~ i~ O!~g~~~~ ~S~!~~~Š~~§ ~ ~ ~~~å~ ~~5 i~!!~§ O!~~ª~~~o~~~~~~~~~~~ ~ ~ H~§ ! 1 ~ = $\ ~!\ ¡¡ i§ m ~ :¡. O¡!"~~H H . !~i ~ ~~~å~ ª~~ i~ ~~~ª~~~ ~~~~~~~~~~~ ~ 11 M ]; ! t ! IiI ~~~~ ~ ~~~!~ ~~i i~g~~~ ~~~~~~~~~~~~~~~~~~~~~~ ~~ tJ J ~ ] ~g~ ~ ~ !¡i. ¡~ - If ~8~ s...~~ õ1¡¡"h~ª~L U f! ~~D I ~~~!~ ~~i i~ ~~~~~~~~I~~~~~~~~~~~~ ~~ II! ii ]; , ! ~ I e « <$ ~~ ~ ¡ sinn { t!I I _d~ i '_ ' I Hj~j ] llll II tUh ¡ I ! JIL "" 8 jll~ ~ HIlI:l ~ ~ ~i ð~ ~ ul IJ H= H lP]!¡ III I 111~! I! j£ IU In j jll ~11]]11 111 J~~~~! ~ lill!ilfiJfi~J)IJJIf ~t ~ll "'¡ I ~J h h ~J B ¡ ! /J---o] . ..__.,__ __._._ _~__.,_~___~. m_.' __..,.".. ---...--..-...... .--..... .... ..,,-,-- --- - -~-,- ATIACHMENT E - Page 2 ~ ~ ~ ~ ~ ~ "- - 8 ~ " 0 ~ ~ 0 ~ ~ 0 ~ õ ~ :: !;;OOO~¡¡;on~tQ:¡:!J~ò\ "l,.., ~ .:;¡ ~ _. Ñ' "l . . '" . _. _. . . . ~ M.... ~.... ~ ,- ~ ~ ~ = N ~ n N .... on ~ ¡. N"""" tf'I ... ~~";: ~ 0 ~ ¡S."'.~". "i st 1 \Q 00 \0 r- 00 0'. . N .... .... N.... j ~ g \0 .... \0 00 00 ~ "I ¡:: S; S; ¡::¡ '" ~]~ ~t ~~~~ r on .... on .". ~ ~ 2 ~ 00 g ~ 2 ~ 2 ~ ~ on ~ ~ ~ 00 ~ Õ r- :¡: .... .... Ñ'oO"f"'I r--..,¿N'",..ÑÑ-.....;- ¡ ~ - ... N 00 = \0 ~ 2 ~ ~ 0 on 0 0 0 on 0 2 Õ ~ \0 ~ ~ ~ = on ~ ~ ~ i !J ~ ~ ~\O~N' Ñ:N'\Q ~~ N 00 \0 \0 ~ .... MOO..... o ..... \0 t"- ,~ ~~~Ñ ~ ~ ~ - " "" 0 ¡¡¡ J 00 .... 00"" . .... ........ \D ]~ 1 ~1~~~ _~" ....§"''''o~ 08~0 .. t'\ N 00 on 00 01 t": 00 on N ('f" .:1. o \Q .... 00 .... on I'"\. t"- 0000.... on ;> ''';''::': Ñ":Ñ~ -' ~ r- C'I"I ;;¡; - L . ~ ~ ~;q ~ ~ ~ ~ 0 ~ 0 ~ 8 8 8 ~ ~ :g 0 .... \0 00 C5 on f1 to- ;S 00 on 00 \0 .~ .~~Ñ Ñ Ñ\O ~ ~~ u - = 1 ~ Y"I ..... ..... on ~ ¡¡ \0 00 .... N \0 0 .... \Q ~ 11 ~";~Ñ .,; ~ w = i j , ~ t;.. ~~..2..!..~ ] ~ ~ 8 ~ 2 ~ ~ M ........ ~ e ~~!~O~ 0888 J 00 C5 on Ñ r- g 00 on 00 N' .... Ñ -eo. .... .... . ~~5~ Eg§~~~~&~~~~ ] oo~~N' N'g-N'\O ~ J~ .~ - I "'-....0 ~ ~ f C'I"I on ." C 00 .... on . i! ~~~Ñ ~ ~ ~j ~'" ~"'--] .... 0"" 0 01. 0\.. on_",\f'O'I ß~ ~~ t~~~e jð .... N....·b ~~;: ¡¡§§$~~§&i!~~ 1· _J ~Ñ~ ÑôN'\O ~ .... ø 110 00.... ('f" .... >< ¡ , ê l§§ 11~1 c=~ ~~I~ ~ìJ ~~ ! ~ J~i:f: r. ~~ ~!~ ::s ~ 111 :S ~K aooo! ~ . - j ~~ ~~ Q ~J ~J .~ 1t f!J ~e I~ ~ ~J'~ JU·H.¡ §.~ 11 1111 efi !~ ~ iJ1 t~~~ iii~!¡!ilril J] ~ I ~j ~j II J ) J /Y'/ .____u_ . _..._,.__.._.._____~.__..._.______...,_._._____ ----_ -- ---.---- -.-- ..-.. '~§ II~II II I§~I§~!II!!!§~!I i' - - .. \, 8 -88- g ~gg~ - I~Q~~ 88 8~8a~~~~o~S~~S88 _i2~~ âg ~~aiS_·aªj~~~·5~ to \to Ø'I "".. § 8 ~~.!(E~~~~;¡!!BS 8. ~ =. " 1'1 11:. .. _W"IfI'I¡r-t"",_J ¥"I .'Ir:R~ ~2 'I ... I, ... ~ ¡~ '8 g¡oo~l !! ~ ~t 1 g ~!.~~ 88 O~~!E~~~O~!g8~ 8 ~if·"!1.··· ::';.r<l::'..r~~ ..~- ~ ~ Ñ R ~ ~ 2 '"' ~. 1 ~ ~~~;~ ~~ O~~!ä!!~86iã~~ 8 ~ ~~ ~~ ~2 -~ ~~ ~ 1 ~o!: ¡~ ' '1 ~ ~~~~1 ~ ~ i~~~: 88 O~~8~8!t~~i5~~ 8 I ... ;~~~~ ¿ò ~~~ ~ ~~ ~ . "'" "'" '"' ... ... >< ;~;!~ ~~ ~~~~!!!~~~i5~~~~ 1 ~ 00 W"I_W"IM 0\" -¥"I . W"IfI'\I "'" ""'_... ... ! l~ A l ã 5.~ã5.~ !! ...: "'5.;:.... 0\ ~O\o\'Ñ_ , ~ _¡ ~ ;~;!~ ~~ ~~~~!!!~~~i5~~~~ ! .. ¥"I ~ ~ 0 0 ¥"I"'" "'" 0\, ¥"I ... ¥"I þõI ¡ ."'''' .......... ... ~ 0. ~~ ~ !!~I lit) 0. ii~~ ... § ....! "~".~ ' j! ... ' Ifll t·~ " ,1 ~i i r:Q 11111- . j I 18 ¡ !. I' ..( ß t ·1. ¡I 1j l}B tJ! In i I ~ ~111111 II ~~lllllltIJll!l~ I I ~ ¡:Q' i I~ ~ i 'Jl i ! - . /3/~ d'_' ,--~...._.. . . ..-,'(,'> .", _ ~h . '."".!'f' .' \I. ".--------- .__..__._.__".___...., _ ___M..,.,______....__.__~.._ ..___.'_ A IT ACHMENT E - Page ~ ;¡ g ~ ~ ~ § ~ ~ ~ ~ a ~ ~ ~ g ~ ~ ~ § ~=~ -C"f...r~d'..r"...:'tfJ..t ,......r:f I! -... M _ J' .. ¡~ "'" 0 0 V\ ~ l~ .~ . ~ Ii Ii ~ ~ ;:!;i;!~ ~ ~ § ~ 1J ~ ~ a ~ ~ ~. g ìl ~ ª I i;i - ..rO:-d,r¡..··......tfJ'J .....r J ...... N _ ~8§~~8~~g:::;;~! . ~ ~ - ~ - - ~ - ..t"..r..t_"¡;(,,..... " " J ~ .... 0 0 .... ! ~ ~ ~ on on - - ~~~ ~ ~ § ~ § 8 on ~ g = : _ ~ ! . ~ - ~ - - ~ ~ .. tNrf .... ..: N' ..r ..; ... t'f. f.l' rl' ~ wr . ... a ~ §.~ ~ ~ ~ ~ ~ ~ ~ æ! š .. ...t..r..;..r...:r(~....r.r...rrt..r J~ :: 0 0 2 ~ ~ ! g ~ ~ ¡; R ~ a ~ § ~ ~ ~ ~ ~ ~ ~ ~ = ! Š .. ~:¡f¡o .; ...: ",'" rot ... J rt· ,,r ..r' ttl vi rt ,..: . a ~ ~ ~ ~ ~ ~! ~ !.~ ~! ~ ª ~ I~' !~ ~OO~ ~ !t § a~~~~~~~~!~~!~ª § if ¡!1:¡f If I . IJ~1 i ' !!jä I' I !I. "'-/ ... ~ -g ( . ~ . k· j~ ¡:Q ß / Jf,l fif I ¡J i I ü I)f !~lllill'IIJ1If I i ¡:Q. ¡z¡ ¡:Q ~. Ii .! m~ t - / )/ff'? ...... - - - - __ - ____ - .._ _0'_'__-'--'" - ------ - --- ----" . ._--~. __'m --..--........- ATIACHMENT F - Page 1 ~il~ I ~~21~ 12~ I£~I~I! ¡!~~115!~!~I~I~figi~~!IIISI JI J HH ~ I H ~n " IHFn~~ I, i;ª ! ~~21~ !2~ il~ 1!~~II~!~!!I~I~ii5i~~!1 I!¡ JI ~jJ~ ä~l~ä~ ä~~ ¡~liß!~ !!I!!I!!I·!g!!å!g!5~! ! I II = J "UB ! H U HH~ H . HI ~ H~H åH HI !!I!!I!!I !g!!å!g!g~! I II ~ . ~I'I ~ !~iåi ~i~ ill~!~š !!J!IA!§R·!I!!~~!!!!! ~ I B J UB ! H u !U n~1 ë j 1 1'1 ~ !~iåi ~i~ ill !!J!IA!§R !I!!~~I!!!! I II I 1 ~. I J . · '~~~~ ~ ~ª~I~ ~II !Iªgg§! I!~!!I!§R~!I!!~~!I!!!I~ISI II . i ] J ;0 f 1 5 H! ~ ! I a- J J H _. Hi5 nHf J I ~ ;¡ f J i ~~~ ~ ~ª~I~ ~~I Ilâ ¡I!~!!I!§R!!I!!~~II!!!I ISI II Ilil ï ' .a!J ~ . . . , . 11 I . J . 6 1111 1- . § !J' I-I I l!1 I § . 11 IIi, ,f lih! I I II f . I III/!- /1 'fl,,1 I ¡ II "Ii '. 1,Ij ¡II III1 II1IIII III III11II IIIIIIIIIIIIJIII,IIIIIIJ'II rf IIII! I!! I h ~l U ~ J u h j )J~Y7 . -- -- - ATTACHMENT F - Page 2 . ~ ~ !: .. ~~11.= I!!~~~~~!!~ŠI¡!I :f~~ \0 Ið,.... .} ;$ - = N _ _ .. J~ ~~~g ~ ! ~ - - . ~. ~~""'."n!s: ~!~ I;~;JS .."\. ~ :a.~ ~ ~ ~ ~ ~ ...: ... N .. 888~~;'~8~~~~ 888 "'-s; ~ ~ 0\' S\C"vf:;¡ ~~ r:~f'(rfJv\ ~ ....~ ~ .... = ~ ~ ~ ~ ~~~~!~ ~i~5~ ~ :..~ ~~ iiI " - \ !:! ~ ~ ~ ~ J~ ~:J.~" ::l ~ =!::;~afa ....to- 0:J. !~ r,¡".... 2 S; ::i on N _ ... -~.. g888:§~ iiiQ5 § s :: ~gf~ N'N'v.:'::t... iii' - ~~;rJ ~~~~5¡: §.i~~~ ~. fIG" .... on ,..r .... -~ ~ ;d ~ ;Q ~ J~ ....~.. ~ ~ - !ì .. N g - - S C; 'f) on.... .. .. !~ ",' ¡" \C ...: \Ô.... ~.. ::¡ .... ~ Ñ ff'¡ N ~~i ~~~~5¡: § i ~ i ¡ ...: ..: ~ ~ v: t:; 8 ¡~~~!~¡: ~gi ~ ~~¡!,¡ ~~~;} ~ ;:: t:; g .~ ~ 1~ "'l."-V\ - "," .,.... rl ~ Ö:~!:ìP8:"3 ]~ ~.,,~..~"\.5Ef ::¡..- ...íì..... f :J ~ ~ ~·~~~!5¡:!gt~~ ~ ~ 8. i 1. ij;}~ -< ><.1 ... ... ::: .... ~ ~ ß . lJll . l~~ .~ !!!j ~ - .. - ¡.J! .11 .g> ·~ll~ j d II ~ ::0 ¡x: J IJJl .11, . ';-I~ ¡ I j" I· 'J JI I IF . r f j J H r j J ~ Ø:: u~ JJH c3. l!ilfJit'Jliffl) JIB~ Jå i tr:I iJJ ijijijij .¡x: I Ql ¡ j IJ J - c / 3--~fš' .-----.. -~~ - -- ._.--~-'---~--" --.-...- ATTACHMENT F - Page 3 , . ~§ =ææ~~ §§ §~~§E~~~~S~!Š;~ § ~ a1~~~ f~ ~~~,~~_~~_~~ ~ ~ ~ J..... - - - I" J~ ~!~ §~¡:¡iìf~g¡¡ '6 ~............... "" 5.011'4- -- :t ~ § lææaK §§ §~~§E~!~~S~~J;~ § J d 1~~~ ft ~~t~~~ ~_J~~J. J f N _ _ _ a=~ß~ §§ §~§§E§~;~~§g~8 § ~tN~~ ~~ ~~~~~~ J :j" " 'I I~ ;~~aå~ ]~ :(~~~ ~ ~ a = ~ ß ~ § § § ~ § ! E § ~ ; ~ ~ § a ~ 8 § ~l ..... ~t-~d .....J J~~ ~~ J ~. ø If"i. N N If"i_ .... ~~ i~æ~~ §§ §§.§!§!~§~i~~! § l~· ;; t; ¡{ ::: 1i If!if J.... !:;,.: ~ ..: '" ..... :j" l' I" J~ ! ~ 52~1~~1 i ~ ~ ~ ~ § § § § . § § § ! § § ~ i ~ ~ = § ;Gg~~ ,g J~~~~~J~~ ~. ~1115 II IIB!!!!!I~i~J=~ I ¡~ I § ~ ~ ! a i ! !~ '::!~~~t:~ ~ ~~å§~ §§ §§~~§§!~§~i~~=~ § ~I ~ J ~~J ~~ ~~~~~~J~~ J ~ ø ... on", ""N ._ _ _ _ Þ< ~ ~¡ , JJl' . fJI ! . I !!IJ ~ . ~ j f . · iIt} f j t If i . · t . J P !Î ~ IfIJJJ¡ IJ Ilf, fIt I J J ¡£ III ~. ~J'JJJ~ f~ ~!!ifJ11~tJI]J, ~ JI! J.~ I ~¡ ~ j II J! J I - )5~%/ .... . ------.------ ~ ---..--..-....".-., -....-.... . ____...___~_n_._.'. 'i&. ATTACHMENT F - Page 4 . ~~5~ 88oo888~ª~a;~;~~~~ ! . .;tt:g . . . . .!) .tiM"..:5-.....r ~ - ~ ~ ~ ~ ~ ~ ~ =. ~ N _ 0 ~ ). " ... 1~ ~ a - .. f"' _ ~]~ ti~ ~~å~ ~ ~ !~~~!~;!~~~~;!gš~! 8. - ~ ~ f"'-_ - - N _ _ ~ ~~~~~~~~~~S~~~~~5 8. ~ - ~ 2 ~ - ~ M - - ~ ~ :¡ " « 1~ ì1~ ...~ ¡; ~ :¡ - ]ð ~::: ..:ìÍ.....: .::: .,.. !: ~!: ~~~~~~~~~5S~~!~~5 ~ ~ - ~ 0 ~ _ .,.. f"' _ .,.. ~ ~ ~ ~ ~~~~~~~~~~~~~~!!~ 8. ~ ~::: -.... ~ - - f"'I _ :¡ ¡~ Ii! - 0\ .. _ 01 :¡ ~ 0 r: ~ ]~ "1. .... f!~I'!f! ¡¡o; ~ ~. " 1. ~;!i~ I~!I~~;!!~!I!~!!~ 8. f$:¡'~ :¡ ! 1 ~ ~ ~~~! 88~o8888~8!OIi!~!!~~ ~ . ....;} . . .....:"1. 11....:';}....rt~ 11'" . ~ ~- _...-.... - ~f"' 0 ¡. ... ¡~ ~ .. ~~~~ ]~ ~ ~. ¡:¡ ~ -1. ~;~ 88~!§§88~8~5~~~!~~ ~ ~~~ ~~~.~~ ~~~ Jf"'I I ~ ~ ~ - '.- A !!Îi i , ~ '($ 1~ g .j ïïl] ~ }! I L 11 II ~ ::I ¡:Q . ~ ! JI ld :š J I G j i -J ~ i i ." £ l~ 8 fH !jì,lit,fl1 I 11 ~ I . ~. 1 ]J u j~~]I]!IJ11~IJJjJf I ¡ ~ ~ m ) ... ... ~ ~ II £ ! ä~ j ~ JJ~/¿J ~....~..""._~~--,..-.-- ~M"_'_'_""__'_ .--._.._,-"._..._~.~..~--_.- ..- - -- ~-eVj9J ';;fJ nl~i - RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 4PPROVlNGTHE SUBMISSIONJ?! AN APPLICATION TO THE ECONOMIC DEVELOPMENT ADMINISTRATION, U.S. l5EÞARTMÈNT OF COMMERCE, FOR TWO MILLION DOLLARS TO FUND THE BORDER ENVIRONMENTAL COMMERCE ALLIANCE, AP.fß9VING.A CITY CASH AND IN-KIND CONTRIBUTION AND THE NECESSARY FUNDS THEREFORE; AND AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR OR HIS DESIGNEE TO SIGN THE APPLICATION AND ALL RELATED DOCUMENTS WHEREAS, on the tenth day of January 1995, the City Council of the City of Chula Vista was duly convened upon notice properly given and a quorum was duly noted; and WHEREAS, the Border Environmental Commerce Alliance ("BECA") is a regional border-oriented coalition designed to encourage the development and commercialization of environmental technologies and the start-up and expansion of environmental co.mpanies; and WHEREAS,the BECAinitiatives, including a Border Environmental Technology Resource Center ("BETRC') and a Border Environmental Business Cluster ("BEBC'), will support and expand the existing federally-funded San Diego Economic Conversion Program; and WHEREAS,BECAprograms have been endorsed by numerous state and local govemments, academic institutions, private environmental businesses, Chambers of Commerce, and environmental and economic development organizations; and WHEREAS, the City of Chula Vista deems it necessary to apply to the Economic Development Administration, U.S. Department of Commerce for a grant to implement the BECA initiatives; and WHEREAS, the total program cost is Two Million Six Hundred Sixty Seven Thousand Two Hundred Eighteen Dollars ($2,667,218.00), the City of Chula Vista is applying for a federal EDA grant of Two Million Dollars ($2,000,000.00), and the City will provide a local cash and in-kind match of Six Hundred Sixty Seven Thousand Two Hundred Eighteen Dollars ($667,218.00). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: 1. The City Manager or his designee is hereby authorized and empowered to execute in the name of the City of Chula Vista any and all documents necessary to apply for grant funding under the Economic Development Administration, U.S. Department of Commerce, including any amendment(s) thereto, to accept said award, and to sign all documents as required therefore. 2. The City of Chula Vista hereby commits to providing Six Hundred Sixty-Seven Thousand Two Hundred Eighteen Dollars ($667,218.00) in matching cash and in-kind funds, including One Hundred Nineteen Thousand Nine Hundred Seventy Seven Dollars ($119,977.00) in City cash match; to using an additional $42,223 in City funds to pay for BECA-related costs; to providing the designated in-kind staff time, and to providing the necessary on-site office space and overhead for the three federally-funded BECA administrative staff, to be hired as interim City employees, upon award of the grant by EDA. 3. City Council hereby amends the FY 1994/95 budget in the following aspects: A) The Community Development Block Grant City Planning/Administrative surplus funds in the amount of$65,000, Account No. (BG-218) 649-6491 is hereby reappropriated to BECAAdministrative/Personnel costs in the amount of $65,000. B) Prior years completed Community Development Block Grant Capital Improvement Project surplus funds in the amount of $32,000 is hereby reappropriated from Account No. (PR-112) 647-6491 to BECA Administration/Personnel. 4. In addition to the foregoing appropriations, Council plans on pro 'ding its cash match wit, the 1993/94 funds previously appropriated to BECA development costs n ECA interim direct r s and (BG-106) 649~491, respectively, in the amount of $65,200. PRESENTED BY: ~ ~ Chris Salomone Bruce M. Boogaard Community Development Director City Attomey UMD) c:\wp61\document\190.94 (January 9, 1995)] ) J ~7 / Does not create positions now: BECA positions will be Included In FY 95-96 Budget ~-~,_.__._-_.__._--'.-._,+~--~~-----,- " , .~ . .-~:'" 1 - . ~ REVISED ATIACHMENT C ITEM 13 .. ~ C7I -< * ....: ~ j ~ - c Q ""... 11 (! 'õ Iz1 "" ~ :.: 1i·)1 .~ § ¡;;; . ~ c ;; j oC( - ." $:; 0 ::= .." 0 .. - IL. :z¡ U 0 - U-< (I) r,¡¡ '" .. 0-1 DO w -s 0 .0 m ." m oC( ...., :.:ß· s:; .. · 1z1~1-< · ~ .. · 0 ~ ·æ · III.. ° .. ... ¡.., co' ø:¡-< å'... · ~~ ~i · so: 0 °3 8~ U.I-< .u. · ~ :.: .U - I .Q~ ... s:: .. · ~i 1z1& ::s.. (f' ~ .c u~ Ik:0 ¡....(¡) ~õ '" w 0 II:I c: 8 "' ... J ~ .. ij :: ij .~ JI .'ä œ S:;.H .. Iz1 -< OJ "' Æ~~ ... . so: i b .. 'r-! <... .sI ij :.: :.: 0 <... .~ j .1i s:: .. VI c:I Q@ ..J s;;.~ ~ CI.I 1z11-<-< c.ð ~ ~ õ ;¡ 'VI (ß co 0 .H@ c: 'õ III l! .. so: c: ¡.., s; & 0 " ~ .. "" ~ 'r-! IL. SO:Q ",s¡ .~ ~ oC( .r¡ ~ .1i ..J 0 Ou u w OII:l JlQ~ s:: .. so: C .Q" r.¡Q 0 ~¡:¡ ::s .~ ¡x.. .. ulI:l '" ...... .. ð 0 II:IU ~. ~ ~!I 0. 0 w .f~ ;:§ ~ ñ: II:I ..~ J: * ~.1CI1 )J·7~ A -,- .5-r5 -- --- _..,-~---""'.._",- .------.--.-----.---.--.--.--- --~._."- COUNCIL AGENDA STATEMENT Item. 14 Meeting Date_ 1/10/95 ITEM TITLE: Resolution J777r' Reappropriating $165,000 from STL-22I , the 1994-95 Pavement Overlay Project, to STL-206, the 1993-94 Pavement Overlay Project SUBMIITED BY: orkf ~ REVIEWED BY: City Manager (4/Sths Vote: YesXNo_) The 1993-94 overlay project was th argest overlay program done in the City's history. The contract was awarded to Sim J. Harris Co. in the amount of $1,457,132. Council authorized staff to expend the remaining amount, approximately $197,000, for additional quantities and streets. It was staff's intention that the project would expend only the funds available. However, due to three major factors that combined to increase the contract, there was a cost over run and additional funds have to be appropriated. Staff is fInalizing the report. RECOMMENDATION: That Council continue this item to January 17, 1995. m:\hcme\qineer\94ovly.con p!- / ~---- -- ---., MAYOR'S REPORT - 1/10/95 MEETING 1. Council Appointment of SANDAG Member and Alternate Meets 4th Fridav each month - 8:30 a.m. Member - Horton Alternate - Rindone *SANDAG Board of Director Delegate also serves as the delegate for the following subcommittees of SANDAG: San Diego County Regional Transportation Commission, Regional Planning & Growth Management Review Board, Integrated Waste Management Task Force, Airport Land Use Commission etc. All of the aforementioned subcommittees, if necessary, convene during the regular SANDAG Board meetings. 2. Council Appointment of MTDB Alternate Meets 2nd and 4th Thursdav each month-9:00 a.m. Member - Rindone Alternate - 3. Appointment to San Diego County League of California Cities Executive Committee Meets 2nd Monday - 11 :45 a.m. Mayor Horton 4. Appointment of Two Councilmembers to Chula Vista Inter-Agency Water Task Force Meets 2nd Fridav - 8:30 a.m. of each month Mayor Horton Councilman Padilla 5. Appointment to Otay Valley Regional Park Policy Committee Meets 1 st Friday - every other month Mayor Horton (*Other members of this committee included: Supervisor Bilbray and Councilman Juan Vargas.) 6. South County Economic Development Council Representative Meets 1st Tuesday 7:30 a.m. of each month Member - Alternate - 174,"/ ~~~--------'~"'-'~-'--'--'--'--- -- '".-.---...--.-.-...-.-- -- -- - --'-.'-.--..--'--"-.--'..- --~------- 7. Bayfront Conservancy Trust Meets 4th Tuesdav 1 :30 p.m. of every other month 1995 Schedule: 1/24, 3/28, 5/23, 7/22, 9/26, 11/28 Mayor Horton Alternate - 8. LAFCO Cities Advisory Board Meets 3rd Fridav 10:00 a.m., CAC 1600 Pacific Highway Member Fox Alternate Bob Leiter 9. LAFCO Board Meets 1 st Mondav 9:00 a.m. CAC 1600 Pacific Highway Mayor Horton 10. Legislative Committee Mayor City Manager /7.a.. -J., -._--- --~~~--".~~~-~---_._- --~~- --.-. November 10, 1994 .- MEMO TO: . The Honorable Mayor and City Council FROM: #~ Leonard M. Moore, Councilman SUBJECT: BOARD/COMMISSION/COMMITTEE LIAISON Various members of our numerous commissions have voiced their desire for Councilmembers to attend their meetings more frequently during a given year to improve communications with those who appoint them. Through advance contact, a selected meeting could be appropriately noticed for an exchange of communication to take place in a proper and legal manner. This recommended process has been held in obeyance for a number of years. It is appropriate that this concept be given consideration at this time due to new members on the Council. . I propose that our various commissions be divided into 4 groups; each group having similarities (i. e. those meeting monthly vs. on call and with varied responsibilities). The Planning Commission is deliberately excluded with the thoµght that the Council should have a joint meeting in a workshop atmosphere on a annual basis with this and maybe other commissions. The Mayor is not included to allow maximum flexibility of his/her time. Each of 4 Councilmembers would be matched with 1/4 ôt the City's Commissions with the objective of attending a regular meeting at least once each year. A check and balance system would be maintained by rotating the "groups" clockwise each January giving each Council member a different group each year. SEE ATTACHED FOR RECOMM~Q~D GROUPI~GS. This concept spreads Council visitations to all commissions without excessive demand on part time elected officials who work for their family during the typical day and then serves his/her City in the evening. The exchange of information should benefit our commissions, staff, the City Council and our entire community. I look forward to the approval and implication of this program through Council action soon. LMM:pw Encls. 114 )6e- ~ / - ~'~f"---: ~ . ~ . . .-....- .__._,-,_._----,_._------_...~- BOARD AND COMMISSION GROUPS ~ Day of Week Time Mtgs/month Location GROUP I (All Evenings) Design Review 2nd & 4th Mon. 4:30pm 2 PSB ConI rm 2&3 Board of Appeals/ADA 2nd Mon. 5:00pm PSB Conf rm 1 Veterans Advisory 3rd Tues. !1:00pm PI< & Rec ConI rm Child Care 3rd Tues. 7:00pm PI< & Rec ConI /Tn Youth Commission 2nd Mon. !1:30pm PI< & Rec ConI rm Safety Commission 2nd Thurs. 7:00pm Council Chamber GROUP II Board of Ethics On call Council Conf rm Mobile Home Rent On call Council Chamber Town Center PAC 1 at & 3rd Thurs. !1:30am 2 PSB ConI rm 2&3 Int. Friendship 4th Mon. 4:00pm Fie DeI1 Tmg /Tn Cultural Arts 2nd Tues. 5:00pm PI< & Rec ConI /Tn Parks & Re<: 3rd Tues. !1:30pm PSB ConI rm 2&3 . GROUP III ..J GMOC On call PSB C;)nf rm 2&3 Inter. Agency Water On call Council Conf rm Southwest PAC 1st Mon. 4:40pm PSB Conf rm 1 Human Relations 2nd Wed. 5:00pm Council Conf rm Civil SelVlce 2nd Thurs. 5:30pm PI< & Rec ConI rm Resource Cons. 2nd & 4th Mon. !1:00pm PSB Conf rm 1 Castle Park Revitalization 4th Wed. 7:00pm PSB ConI rm 2&3 GROUP IV (All Daytime) Charter Review On call 1.$ noticed Otay Valley PAC 2nd & 4th Mon. 8:00am 2 PSB Conf rm :3 Economic Dev. 1st Wed. Noon PSB ConI rm 2&3 Cmsn on Aging 2nd Wed. 3:00pm Norman Center Ubrary Board 4th Wed. 3:00pm Ub Conf rm 1 Housing Advisory 4th Wed. 3:30pm PSB ConI /Tn 2&3 ~ /~ --c2-- ~ _~~-4- :J- .- - ,