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HomeMy WebLinkAboutAgenda Packet 1999/06/29 ¡ , "I declare tln^~~ of perjury that I am employad by the City of Chula Vista in the Tuesday, Juue 29, 1999 Office of the City Clerk and that I posted 6:00 P.M. this Agenda/Notice on the Bulletin Board at CALL TO ORDER the PUbli(j)£:{S Building on " DATED. ' SIGNED ( 1. ROLL CALL: Councilmembers Davis, Moot, Padilla, as, and Mayor Horton. 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. APPROVAL OF MINUTES - None submitted. 4. SPECIAL ORDERS OF THE DAY - None submitted. CONSENT CALENDAR (Items 5 through 7) The stcifJ recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion, without discussion, unless a Councilmember, a member of the public, or City stafJrequests that the item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS A. Letter trom the City Attorney stating that to the best of his knowledge trom observance of actions taken in Closed Session on June 22, 1999, that there were no actions taken which are required under the Brown Act to be reported.. Staff recommendation: The letter be received and filed. 6. RESOLUTION 19508, AMENDING FISCAL YEAR 1998/99 BUDGET IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY (4/5TH'S VOTE REQUIRED) The Council Policy on Financial Reporting and Transfer Authority requires that all departments complete the fiscal year with a positive balance in each summary category account (Employee Services, Supplies and Services and Capital Outlay). In order for all departments to comply with the intent of this policy, transfers are recommended to be approved. Staff recommendation: Council adopt the resolution. (Director of Finance) 7. RESOLUTION 19509, AMENDING THE FISCAL YEAR 1999/2000 BUDGET FOR THE PLANNING AND BUILDING DEPARTMENT TO ADD AN ASSOCIATE PLANNER POSITION TO AUGMENT STAFFING FOR THE COMMUNITY PLANNING SECTION, FUNDED BY UNANTICIPATED REVENUE FROM A DEVELOPER PROCESSING AGREEMENT (4/5TH'S VOTE REQUIRED) - - -^--,,--~_._. Agenda 2 June 29, 1999 The City has reached tentative agreements with EastLake Development Company to process plans for the EastLake Business Park Phase II and EastLake III on an expedited basis. In order to meet the proposed schedule, staff has determined that an additional Associate Planner in the Community Planning Section of the Planning and Building Department will be needed immediately. Staff recommendation: Council adopt the resolution. (Director of Planning and Building) ORAL COMMUNICATIONS PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 8. PUBLIC HEARING TO CONSIDER GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO PACIFIC WASTE SERVICES THROUGH SEPTEMBER 4,2007 WITH AN OPTION TO EXTEND UNTIL THE YEAR 2015 SUBJECT TO SATISFACTORY PERFORMANCE, AND POTENTIAL ADDITIONAL EXTENSIONS AT CITY'S SOLE OPTION UNTIL THE YEAR 2031 (CONTINUED FROM JUNE 22, 1999) A. ORDINANCE 2792, GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO PACIFIC WASTE SERVICES THROUGH SEPTEMBER 4,2007 WITH AN OPTION TO EXTEND UNTIL THE YEAR 2015 SUBJECT TO SATISFACTORY PERFORMANCE, AND POTENTIAL ADDITIONAL EXTENSIONS AT CITY'S SOLE OPTION UNTIL THE YEAR 2031 IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE FRANCHISE AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAME (FIRST READING) B. RESOLUTION 19501, APPROVING IN CONCEPT A LANDFILL AGREEMENT WITH OTAY LANDFILL, INC. REGARDING CITY TRASH FLOW AND LANDFILL MITIGATION The current solid waste and recycling Franchise Agreement expires on September 4, 2002. In anticipation of the end of that agreement, staff has worked with the City's current service provider, Pacific Waste Management, to develop the terms and conditions for a proposed solid waste management Franchise renewal and a companion landfill agreement.. Staff recommendation: Council place the ordinance on first reading and adopt the resolution. (Conservation Coordinator) 'v. .L'-L<~\.J.LJV .L.1.V.l"l .l7J .l¿.1"'\.U l.l.l\....1.1:'-J...£..U'tu 1"\.l~V 1l'l1.DI\.C~ 1 LVt\.l'l r ßVIV.l.l.I'1.C\JDl"lL.rJ\.L Agenda 3 June 29, 1999 ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, stafr. or members of the public. The items will be considered individually by the Council, and stafJ recommendations may, in certain cases, be presented in the alternative, If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 9.A. RESOLUTION 19510, APPROVING FIRST AMENDMENT TO THE CONTRACT WITH THE CHULA VISTA CHAMBER OF COMMERCE TO PROVIDE CHULA VISTA CONVENTION AND VISITORS BUREAU PROMOTION SERVICES B. RESOLUTION 19511, APPROVING FIFTH AMENDMENT TO THE CONTRACT WITH THE CHAMBER OF COMMERCE TO PROVIDE VISITOR AND TRANSIT INFORMATION SERVICES AT THE CHULA VISTA VISITOR INFORMATION CENTER AND CHAMBER OF COMMERCE MAIN OFFICE Pursuant to Council Policy Number 23 0-0 1, staffhas negotiated a contract extension with the Chula Vista Chamber of Commerce for operation of a Chula Vista Convention Center and Visitors Bureau and the performance of certain designated visitor and convention promotional services. This proposed contract runs through the end of fiscal year 1999/2000. A corresponding one year extension to the existing contract with the Chamber for operation of the Visitor Information Center is also recommended. Since Council policy stipulates a review five years after its adoption date, staff intends to bring a mid-year report to Council fully examining the five-year history of the Chula Vista Convention & Visitors Bureau and operation of the Visitor Center with recommendations for future operations. Staff recommendation: Council adopt the resolutions. (Administration) 10. RESOLUTION 19512, AUTHORIZING A NO INTEREST LOAN FROM THE GENERAL FUND, IN AN AMOUNT NOT TO EXCEED $500,000, TO USA SOFTBALL FOR THE COMPLETION OF PHASE 1 OF THEIR TRAINING FACILITY AT THE ARCO OLYMPIC TRAINING CENTER AND AMENDING THE PROPOSED FISCAL YEAR 2000 BUDGET TO INCLUDE THE LOAN AND APPROPRIATE AVAILABLE FUND BALANCE FOR THE AMOUNT OF THE LOAN (4/5TH'S VOTE REQUIRED) The City Manager's Office has been working with the Director of the Olympic Training Center on a variety of projects to help enhance the viability of the Center and its ultimate economic impact on the City. Notwithstanding that the Center is a great asset to the City, in its current form it is still a "diamond in the rough" that when its full potential is realized, will make current efforts pale by comparison. Staff recommendation: Council adopt the resolution. (Assistant City Manager) - Agenda 4 June 29, 1999 11. RESOLUTION 19513, APPROVING A MEMORANDUM OF UNDERSTANDING WITH SUNLINE TRANSIT FOR HYDROGEN FUEL CELL BUS DEMONSTRATION PROJECT Staff was directed to develop a hydrogen fuel cell bus demonstration project in conjunction with the California Energy Commission and Ballard Power Systems. Over the course of development of the project, the City has identified a partnership for implementation of the project. Staff is recommending approval of a preliminary negotiating agreement to set the framework for a cooperative agreement to demonstrate a bus powered by a Daimler-Benz- Ballard Corporation hydrogen fuel cell. The California Energy Commission has committed $500,000 to the City for the fuel cell demonstration project, with the stipulation that the City and Sunline Transit enter into an initial agreement by June 30, 1999. Staff recommendation: Council adopt the resolution. (Director of Planning and Building) 12.A. RESOLUTION 19514, APPROVING RENEWAL OF COMMONWEALTH ENERGY POWER SERVICES AGREEMENT AND GREEN POWER ADDENDUM FOR THE CITY'S ELECTRIC SERVICE PROVIDER AND INCLUDE GREEN POWER IN ALL FUTURE BID REQUESTS AND ELECTRICITY PURCHASING CONTRACTS B. RESOLUTION 19515, AMENDING THE FISCAL YEAR 1999/2000 BUDGET BY APPROPRIATING $13,500 TO PLANNING DEPARTMENT BUDGET FROM AVAILABLE FUND BALANCE IN THE GENERAL FUND TO IMPLEMENT A PUBLIC EDUCATION PROGRAM FOR CHULA VISTA RESIDENTS ON ELECTRICITY CHOICES AVAILABLE TO CONSUMERS, SPECIFICALLY RELATING TO GREEN POWER (4/5TH'S VOTE REQUIRED) In June 1998, staff was directed to participate in the SANDAG power pool and switch some of its meters from the default energy supplier, SDG&E, to Commonwealth Energy, under the SANDAG contract. Council also directed staff to identify possible green power options for switching the City's meters to a more environmentally favorable power mix. Commonwealth has an attractive option to their original power contract. This option has two elements: The power is coming from a 100% renewable resource, and is cheaper than the original 2.5% discounted rate. The new Green Power option reduces the cost by approximately 5%, according to SANDAG. Staff recommendation: Council adopt the resolutions. (Director of Planning and Building) 13. RESOLUTION 19516, APPROPRIATING FUNDS FROM THE OT A Y V ALLEY ROAD ASSESSMENT DISTRICT 90-2 CONSTRUCTION FUND TO THE OTAY VALLEY ROAD WIDENING CAPITAL PROJECT FOR PROJECT RELATED COSTS (4/5TH'S VOTE REQUIRED) Council approved the formation of Assessment District 90-2 (Otay Valley Road) on June 23, 1992, for the purpose of funding the road widening and other improvements trom 1-805 to 1,200 feet east of Nirvana A venue. Other funding sources were also used on this project. The construction work was completed a few years ago; however, the contractor on the project, Granite Construction, sued the City and the settlement was just reached in December 1998. - Agenda 5 June 29, 1999 Staff recommendation: Council adopt the resolution. (Director of Public Works) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 14. CITY MANAGER'S REPORTS A. Scheduling of meetings. 15. MAYOR'S REPORTS A. Ratification of appointments to the Board of Ethics: Teresa Thomas (to fill vacancy created by Member Schulman, whose term expires June 30, 2000); and Kenneth Culver (to fill vacancy created by Member DeVore, whose term expires June 30, 2003); and to the Mobilehome Rent Review Commission (Ex-Officio): Edmund "Pat" LaPierre (to fill vacancy created by Commissioner Biggers, whose term expires June 30,2001). (Continued from June 22,1999) 16. COUNCIL COMMENTS Councilmember Davis A. Ratification of appointment to the Economic Development Commission: Dan Horn (to fill vacancy created by Commissioner Rodrigo, whose term expires June 30, 2001). ADJOURNMENT to a Closed Session and thence to the Regular Meeting ofJuly 13, 1999, at 6:00 p.m. in the Council Chambers. *** An Adjourned Meeting of the Redevelopment Agency, City Council, and Housing Authority will be held immediately following the City Council meeting.*** - June 24,1999 TO: The Honorable Mayor and City Council FROM: David D. Rowlands, Jr., City ManageG~ SUBJECT: k" \ City Council Meeting of June 29, 1999 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, June 29, 1999. Comments regarding the Written Communications are as follows: 5a. This is a letter from the City Attorney stating that, to the best of his knowledge from observance of actions taken in Closed Session on June 22, 1999, there were no actions taken which are required under the Brown Act to be reported. IT IS RECOMMENDED THAT THIS lETTER BE RECEIVED AND FilED. DDRmab .- ~,~ =~~-= ~~~~ CllY OF CHUIA VISfA OFFICE OF THE CITY ATTORNEY Date: June 23, 1999 To: The Honorable Mayor and City Council From: John M. Kaheny, . J''- CJ.ty Attorney Re: Report Regarding Actions Taken in Closed Session for the Meeting of 6/22/99 The City Council met in Closed Session on 6/22/99 to discuss: CONFERENCE WITH LEGAL COUNSEL REGARDING . Existing litigation pursuant to Government Code section 54957.6. 1. Fritsch v. city of Chula vista 2 . In Re White Water Canyon . Significant exposure to litigation pursuant to Government Code Section 54956.9(b) 1. One case The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK: 19k H:\home\lorraine\lt\clossess.no S/l-/ 276 FOURTH AVENUE· CHULA VISTA· CALIFORNIA 91910· (619) 691-5037· FAX (619) 409-5823 @ Po.t·Con.u....rR.cyd..dPa¡¡.. --_..._-_.. ,...._-,... ".'_''__.__..______ __"--0-- ___ --"--..--- COUNCIL AGENDA STATEMENT Item ~ J9.5Óg/ Meeting Date 6/29/99 ITEM TITLE Resolution Amending the fiscal year 1998-99 budget in accordance with the budget transfer policy SUBMITTED BY: Director of Finance if REVIEWED BY: City Manageq~i)~ (4/Sths Vote: Yes ----X- No_) The Council Policy on Financial Reporting and Transfer Authority requires that all departments complete the fiscal year with a positive balance in each budget summary (Employee Services, Supplies and Services and Capital Outlay). In order for all departments to comply with the intent of this policy, specific transfers are recommended for approval. All recommended transfers can be accomplished within existing total General Fund appropriations. RECOMMENDATION: That Council amend the fiscal year 1998-99 budget by transferring appropriations to ensure that all departments end the fiscal year with out exceeding any budget summary as required by Council policy. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: As part of the budget process, all departments projected their total expenditures for the fiscal year. In comparing the actual budget to the revised projections, as part of the Third Quarter Fiscal Report, Council was advised of a city-wide savings of $2.5 million. While the total savings are very positive to the City's financial picture, that total includes a combination of both positive and negative expenditure account variances in all departments. The Council Policy established in January of 1996, stated that no department shall end the fiscal year with a negative balance in any summary account. Attachment A, included herein, details the fund, department, and expenditure category for each transfer. Please note when reading the chart, the positive amounts listed reflect the funds which will be transferred to offset the overages which are reflected as negative amounts. Generally, the potential overages are due to mid-year salary and benefit adjustments as well as transition payments for two exiting department heads and are not unexpected. ~-J ----~.~~_.._._..- _._~---------_._._-_._--_._..- -. -------....--... ._--~--_.~.~._- .--.---.- Page 2, Item 0 Meeting Date 6/29/99 Where possible, it is being recommended that potential overages be covered by savings in other categories within the same department. If such savings are unavailable, as in the case of Administration and the Bayrront Conservancy Trust, savings in the non- departmental budget unit are being recommended for transfer. FISCAL IMPACT: The recommended transfers will not require any additional General Fund appropriations as all potential over-expenditures can be covered by projected savings elsewhere in the budget. ¿ --;¿ - RESOLUTION NO. ) 9~ Y RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 1998-99 BUDGET IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY WHEREAS, the Council Policy on Financial Reporting and Transfer Authority requires that all departments complete the fiscal year with a positive balance in each budget summary (Employees Services, Supplies and Services and Capital Outlay); and WHEREAS, in order for all departments to comply with the intent of this policy, the transfers set forth in Attachment A are recommended to be approved; and WHEREAS, all recommended transfers can be accomplished within existing total General Fund appropriations. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby amend the Fiscal Year 1998-99 budget in accordance with the budget transfer policy as set forth in Attachment "A" attached hereto and incorporated herein by reference as if set forth in full. Presented by Approved as to form by Robert Powell, Director of ttorney Finance H:\home\attorney\reso\budget.xfr ¿~3 Attachment A General Fund Administration (35,000) Employee SelVices Non-Departmental 35,000 SelVices & Supplies City Clerk (50,000) Employee Services City Clerk 50,000 Services & Supplies City Attorney (40,000) Employee Services City Attorney 40,000 Services & Supplies General Fund Net Impact 0.00 Garaae Fund (18,000) Employee Services 18,000 Services & Supplies Garage Fund Net Impact 0.00 Bayfront Conservancy TF (35,000) Employee Services 35,000 Transfer In - General Fund BCT Net Impact 0.00 ¿r-f -- COUNCIL AGENDA STATEMENT Item: ? Meeting Date: 6/29/99 ITEM TITLE: Resolution ) 9ft:? 7' Amending the FY 1999-00 Budget for the Planning and Building Department to add an Associate Planner Position to Augment Staffmg for the Community Planning Section, funded by unanticipated revenue from a developer processing agreement. SUBMITTED BY: Director of Planning and Building Æ REVIEWED BY: City Manager~¡v' (4/5ths Vote: Yes ~No-> On June 29, 1999, the City Council is scheduled to approve the FY 1999-2000 budget. During the past week, the City has reached tentative agreements with Eastlake Development Company to process plans for the Eastlake Business Park Phase II and Eastlake III on an expedited basis. In order to meet the proposed schedule, staff has detennined that an additional Associate Planner in the Community Planning Section of the Planning and Building Department will be needed immediately. RECOMMENDATION: That the City Council amend the FY 1999-2000 budget to add an Associate Planner, along with related supplies and services costs, to the Community Planning Section of the Planning and Building Department, funded by unanticipated revenue from a developer processing agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: As indicated above, staff has recently completed two separate negotiations with Eastlake Development Company regarding future processing of plans for the Eastlake planned community. The first agreement deals with expedited processing of a General Development Plan Amendment, Sectional Planning Area Plan Amendment, and Tentative Map for the Eastlake Business Park Phase II. This agreement has been negotiated in order to facilitate the construction of buildings for Leviton, a major electronics manufacturer which intends to locate a new facility in the Eastlake Business Park. The second agreement is a "letter of intent" between the City and Eastlake which would provide for the eventual donation of land by Eastlake to be included as part of the Eastern Chula Vista "University Site." Under this letter of intent, the City and Eastlake have agreed to negotiate and ?-¡ ---~~~._----_._,---~--_..-._~-,_. -.--- Page 2, Item No.: 7 , Meeting Date: 6/29/99 process an "offer agreement and processing agreement" during the next 90 days, which would set forth an expedited processing schedule for review and adoption of an amended General Development Plan, SPA Plan, and Master Tentative Map for Eastlake III, in return for eventual donation of land by Eastlake to be included as part of the University Site. In addition, City staff has agreed to process an extension of the existing Eastlake III development agreement during this 90 day period. In order to provide adequate staff resources to process the items described above, staff has determined that an additional Associate Planner is needed, at a cost of $52,900, which includes personal, services and supplies costs, as well as $3,700 from the Public Facilities Development Impact Fund for a workstation. This person would be hired immediately, and would be assigned to work on these projects, as well as other future projects related to Eastlake and other master planned communities. Following the completion of the processing agreement within the next 90 days, staff will determine if additional staff resources are needed to implement the agreement, and if necessary, will return to Council for a mid-year budget adjustment. FISCAL IMPACT: All costs associated with this budget amendment will be covered by the developer through a processing agreement between the City and the EastIake Development Company. (H:/shared/planninglbudgetam) ?~02.. ~. RESOLUTION NO. J93¿)f RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY1999-00 BUDGET FOR THE PLANNING AND BUILDING DEPARTMENT TO ADD AN ASSOCIATE PLANNER POSITION TO AUGMENT STAFFING FOR THE COMMUNITY PLANNING SECTION, FUNDED BY UNANTICIPATED REVENUE FROM A DEVELOPER PROCESSING AGREEMENT. WHEREAS on June 15, 1999, the City Council approved, in principle, the Planning and Building Department budget for FYI999-00; and WHEREAS during the interim, the City has reached tentative agreements with the EastIake Development Company (the Developer) to process plans for EastIake Business Park Phase II and EastIake III on an expedited basis; and WHEREAS all staff costs associated with this budget amendment will be covered by the Developer through processing agreements with the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the 1999-00 Budget for Planning and Building Department to include $52,900 in general funding for the Associate Planner personnel, services and supplies costs and $3,700 in Public Facilities Development Impact Funding for a workstation. Presented by Approved as to form by Robert A. Leiter M. Kaheny Planning and Building Director City Attorney H: Isharedlattomeyl99budamend 7~;J COUNCIL AGENDA STATEMENT Item Meeting Date June 22. 1999 ITEM TITLE: Public Hearing - To Consider Granting A Waste Management Franchise Renewal through September 4, 2007 with an Option to Extend Until the Year 2015 Subject to Satisfactory Performance, and Potential Additional Extensions at City's Sole Option until the Year 2031 Ordinance 02792 Granting a Waste Management Franchise Renewal to Pacific Waste Services through September 4,2007 with an Option to Extend Until the Year 2015 Subject to Satisfactory Performance, and Potential Additional Extensions at City's Sole Option until the Year 2031 In Accordance with the Terms and Conditions of the Franchise Agreement, and Authorizing Mayor to Execute Same (First Reading) Resolution 19501 Approving in Concept a Landfill Agreement with Otay Landfill, Inc. Regarding City Trash Flow and Landfill Mitigation SUBMIITED BY: Conservation ~dinator (~ . Reviewed By: City Manager (4/5ths Vote Yes _ No Xl The current solid waste and recycling Franchise Agreement expires on September 4, 2002. In anticipation of the end of that agreement, staff has worked with the City's current service provider Pacific Waste Services (PWS) to negotiate the terms and conditions for a proposed solid waste management Franchise renewal. The timing of the presentation is designed to take advantage of a unique opportunity to get Pacific's best offer for a franchise at a time when Pacific's affiliate Otay Landfill, Inc., is relying on the City's solid waste flow and support in connection with a pending landfill expansion. Staff believes that the proposed rranchise agreement offers tremendous benefits to ratepayers in terms of rate stability and enhanced performance--including a guarantee that Chula Vista residential ratepayers and small businesses with curbside services will continue to have the lowest contract rate in San Diego County. The City revenues shall also increase but without any resulting increase in rates. A companion landfill agreement also provides benefits that will help mitigate the expected impacts of a pending landfill expansion before the County of San Diego. Before Council can consider action on the possible renewal of a Solid Waste Franchise, the City Charter requires that a resolution of intention be adopted and a public hearing be scheduled. Council adopted a resolution of intention on June 8, 1999 and set a public hearing for the first reading of the Ordinance for June 22, 1999. The following report summarizes the terms of the proposed agreements. RECOMMENDATION: Approve on first reading the Ordinance to grant a franchise renewal for solid waste and recycling services, and fmd that Pacific's performance under the current Franchise is hereby deemed satisfactory for the purpose of such rranchise. Staff is also requesting that Council provide conceptual approval of the Resolution outlining the terms of a companion landfill agreement that contemplates a long-term disposal agreement, stable disposal rates and targeted mitigation related to a pending expansion. g y¡.- / - BOARDS/COMMISSIONS RECOMMENDATION: The proposal addresses a number of service issues recommended by the Resource Conservation Commission and a full report regarding their response can be made following the Commission's June 21,1999 meeting. BACKGROUND: The current Agreement with Pacific Waste Services ends on September 4,2002. On August 4, 1998 City Council approved the assignment of the current Franchise Agreement to Pacific Waste Services (pacific) and the remainder of the fmal five-year extension to the Agreement. The agreement to extend the Franchise included a number of service and program improvements that were designed to improve customer satisfaction, keep City streets cleaner and assist with state mandated solid waste and recycling goals. The primary objectives of that agreement were to: · Offer ratepayers the service and price options they need to meet state mandated recycling goals, · Assure that all occupied properties have at least weekly collection service, · Establish better communication between Pacific and their customers, · Require Pacific to resolve customer service issues promptly through measurable and enforceable performance standards, · Provide Pacific with a financial incentive to improve service quality, · Stabilize rates for residential, commercial and industrial ratepayers. DISCUSSION: Providing Council with a proposal from the current service provider at this time was important for two reasons: I) The current rranchise expires on September 4, 2002 and City staff would need eighteen to twenty-four months to prepare a request for proposal and provide a successful respondent with adequate time to purchase vehicles and implement a new service program. 2) Staff believes that current market conditions, the proposed landfill operational changes, and a long-term commitment of the City's waste have made it possible to develop a unique package of benefits for ratepayers, residents and City programs. This package of benefits has not been available in the past, is not likely to be available through an alternate service provider and will not continue to be available in the future. A full copy of the proposed Franchise Agreement is attached as Exhibit A. The primary objectives of the proposal before Council today are to: · Guarantee that Chula Vista residential ratepayers and small businesses with curbside waste and recycling services will continue to have the lowest contract rate in San Diego County, · Stabilize all rates and assure that they remain competitive throughout the life of the Agreement, · Provide a variety and level of service options that allow ratepayers to control their future rates, · Provide the variety and quality of services that encourage residents and businesses to meet State environmental mandates, · Make recycling participation as convenient and easy as possible, · Reduce or eliminate the illegal disposal and litter problems in the City, · Provide solid waste and recycling collection, processing, marketing and waste disposal services that will keep up with the City's growth, · Maximize the limited resources of the library, recreation, parks, street maintenance, street tree, and other general funded programs by reducing their solid waste management costs, and · Utilize the City's Franchise relationship with Pacific as leverage to develop mutually agreeable mitigation measures and benefits to offset those potential impacts rrom the landfill that can be mitigated. ~ 2 ~ The recommendation before Council incorporates the objectives stated above into a new agreement by making certain adjustments to the business points and service standards contained in that current agreement, and by establishing a complimentary landfill agreement (see Attachment B). The primary changes to the existing agreement are : 1. Term. The initial tenn of the Franchise adds five years onto the remaining three-year tenn of the current agreement for a total of eight years, and would expire on June 30, 2007. The initial tenn may be extended by Pacific (or City) on the same tenns and conditions for an additional eight year tenn provided that the City Manager reasonably detennines that Pacific (a) has satisfactorily perfonned under the Franchise, (b) is then in full compliance with all Franchise terms, and (c) has the ability to satisfactorily perfonn its Franchise obligations throughout the 8 year extension. The City may, at its sole discretion., extend the agreement for one additional eight-year tenn, and one additional tenn with a minimum of five-years and a maximum of eight years, depending upon the availability of Otay Landfill capacity. 2. Consideration for Grant of Franchise. a. Percentage of Gross Receipts. 1. Franchise Fees: In consideration of City's grant of the Franchise, Pacific shall continue to pay to the City a franchise fee in an amount equaJ to eight percent (8%) of Pacific's "gross receipts" throughout the tenn. That continues the current rranchise fee that is built into the existing rate. 2. Commencing on July 1, 2000, and thereafter, Pacific shall pay the City an additional Franchise Fee of 2%. There will be no increase to any of Pacific's Chula Vista ratepayers as a result of this adjustment. Furthermore the 2% increase will not be a factor in calculating future rate adjustments. b. Additional Fixed AnnuaJ Payments. As additional consideration for the grant of the Franchise, in addition to the above-described 2% payment, Pacific shall make a payment of $61 8,000 to the City in the first fiscal year of the agreement. That payment to the City will increase annuaJly by three per cent (3%) per year and continue through the term and any extensions of the agreement. As with the 2% franchise fee, these annual payments are not part of the rate structure, there will be no increase to any Pacific Waste Services customers in Chula Vista as a result of the payments and the payments will not be a factor in future rate adjustments. 3. Free Disposal. a. Residential Dwellings and small businesses . Pacific will provide each Chula Vista customer with curbside solid waste and recycling service up to two rree annuaJs passes to the landfill at no additional charge. . Pacific will also provide each Chula Vista customer with yard waste service up to (2) two rree green waste passes to the compost facility in addition to their (5) five cans of yard waste per week at no additional charge. b. City Maintenance and Improvement Projects ¥3 r cart with wheels and lid that wiU help reduce litter, scavenging and injury to collection personnel. Pacific wiU further assist the City and Chula Vista businesses to control their solid waste costs and help them meet state mandated recycling goals by providing one of the best business recycling packages and service rates available in California. Pacific will provide: · rree rigid bottle and can recycling service for Chula Vista hospitality businesses upon request · rree mixed paper service for apartments and condominiums (up to 40% of their current waste) · the lowest rates for mixed paper/cardboard collection in the county for other businesses · Funding for the recycling education program and two employees to promote business recycling and reduce or eliminate recycling theft. The later collection hours, color coding of bins, reduce program costs, recycling education, environmental improvements and other service enhancements are designed to improve ratepayer convenience, value and service levels. The program adjustments will also help provide residents and businesses with the tools to conveniently increase their recycling participation and control or reduce their own solid waste costs in the future. The Municipal Code requires that the prior to approving any renewal of a waste management rranchise that the City determines that the rranchisee has performed satisfactorily under the franchise. Staff believes that Pacific's performance under the current franchise has been satisfactory for the purpose of renewing such franchise pursuant to the terms and conditions of the new franchise presented by City staff. Council's action to approve the renewal would include Council's finding of satisfactory performance. d. Rates. Chula Vista residential ratepayers and small businesses have had the first or second lowest rate in the County for the past several years. This proposal guarantees that Chula Vista residential ratepayers and small businesses with curbside waste and recycling services will continue to have the lowest contract rate in San Diego County. The proposed adjustments are designed to offer Pacific Waste Services a reasonable increase for legitimate cost increases over the life of the agreement. The proposal also reduces some rates initially, stabilizes the remaining rates in their relative position to other county ratepayers, protects ratepayers against economic inflation with a CPI capped at 66.6% and creates an opportunity for local residents and businesses to receive rate reductions if Pacific ever offers lower rates to other San Diego County rranchises. a. In General. Pacific's current residential rates are the lowest in the county. Chula Vista has the best value in total available services and over 1,200 seniors receive a 45% discount on that package of services. As a result of this proposal approximately 650 small business or 40% of the total commercial customers in the City will receive a $4.25 per month discount from the $77.75 rate effective July 1, 1999. That new $73.50 rate is approximately $2.50 below the county average. Apartment and condominium operators and associations will also receive a reduction in monthly recycling fees from $\.50 per month per unit to $$0.74 per month per unit for complexes of 9 units or less. In addition to reducing those rates, Pacific's annual consumer price index increases for all rates are limited throughout the term of the Franchise as follows: g~s .~---_. "--~--'-'-'- July I, 1999 - July 1, 2002 50% of Annual CPI July 1,2003 - Term and any extensions thereof 66.6% of Annual CPI b. Market Adjustments. In addition to receiving only a partial CPI adjustment each year the proposal guarantees that Chula Vista residential ratepayers will continue to have the lowest (contract) rate in1he County for years to corne. The proposal limits Pacific's future CPI increases at any time residential rates for single family homes, dwellings of four units or less and small businesses with curbside/manual collection, are not at least 10% below the County average for the same service. The proposal also limits major adjustments to rates for large business generators to 95% of the County average. Beginning July 1, 2007, and at each 4 year interval thereafter throughout the Franchise term, Pacific shall be eligible for "market adjustment" to its maximum rates, commercial mixed paper rates, and commercial green waste rates. The maximuÌn market adjustment(s) shall be up to 90% of the corresponding San Diego County average rate(s) published by SANDAG. Beginning July 1,2015 the maximum upward adjustment applicable to commercial rates excluding 3-yard bin or smaller/once per week service shall be increased to 95% of the corresponding San Diego County average. The benchmark for small commercial businesses using the 3 cubic yard bin/once per week rate will be the lower 10% below county average. c. Most Favored Nation Clause. If anytime during the term of this agreement Pacific or its affiliates provide a rranchise rate which is lower than the Chula Vista rate to, the ratepayers in San Diego County, or a city within the County, the Chula Vista rate payers shall immediately receive the lower rate. Pacific also guarantees that residential and small businesses with curbside waste and recycling service will always pay the lowest contract rate in San Diego County. d. Variable Rate Structure for Residential/Small Generators. The City and Pacific Waste Services will develop a mutually agreeable rate structure for Small Generator solid waste customers based on volumes of waste generated ("Variable Rate Structure"). The Variable Rate Structure shall, to the extent possible (1) establish new rates that do not increase revenues above the current revenue rate base, (2) give Pacific the benefit of operational efficiencies, and (3) give the City/ratepayers the benefit of avoided disposal net savings. Pacific and City staff will develop and present such a Variable Rate structure by no later than May 1, 200 I, and sooner if possible. The final decision to implement a Variable Rate Structure shall be at Council's sole discreti on. e. Financial Incentive to Improve Performance The proposed Franchise retains the concept the revenue rrom the sale of recyclables shall be shared between the City and Pacfic except that the formula has been simplified. Pacific's annual share of revenue from recycling profits will increase when the state finds that the City has met or exceeded state mandated recycling goals for the previous calendar year. Pacific may also share in avoided disposal revenue and reduce their exposure to financial penalty under the Liquidated Damages Clause (7.b.) if they meet specific performance standards that address customer satisfaction and reward qualiry of service. g~6 - ^ . .__....n._. .,.______"____._n__ The City's share of avoided disposal revenue, increase in revenues from the sale of recyclables and other savings accrued to the City may be used to improve program service, invest in recycling programs to meet state mandates or be rebated back to ratepayers at the City's discretion. e. Legal Provisions. Miscellaneous legal provisions of the Franchise remain substantially unchanged. The few changes worthy of note are summarized below. a. Uncontrollable Circumstance. The Franchise shall include language that excuses temporary non-performance in the event of an "Uncontrollable Circumstance" (to be defmed therein) provided that best efforts are exercised to minimize the duration of such non-performance and to resume full Franchise compliance as quickly as possible. This section clarifies Pacific's responsibility to return to full service as soon as possible, even under the most severe circumstances such as earthquake or flood. It also recognizes Pacific's good faith effort to provide service under such circumstances and provides relief rrom penalty or termination under conditions that are legitimately beyond their reasonable control. b. Liquidated Damages. The liquidated damages enforcement provisions have been retained from the existing Franchise. These provisions are designed to give Pacific a financial incentive to provide the Chula Vista residents and businesses with the highest possible level of reliable service. The individual and cumulative financial impacts for each occurrence have been reduced, however staff believes the current value of the damages or fines are sufficient to encourage quality performance, and the connection to termination for cause remains. c. Mediation. This new section provides both parties with an opportunity to mediate all disputes (excluding the imposition ofliquidated damages) prior to commencing legal action. d. Environmental Indemnity Landfill and illegal disposal site costs have become an increasing liability to cities and their generators. This section provides the City and its taxpayers with a significantly greater level of protection from that liability than has been provided in the past. Pacific (and its Affiliates) shall indemnify, defend and hold harmless the City from and against any and all claims, losses, damages, liabilities and costs arising rrom the past, present or future existence or disposal of Municipal Solid Waste and the hazardous materials it may contain at disposal sites to which Pacific or its Affiliates have taken City solid waste. That coverage shall survive the terms of this agreement and run with the extended life and maintenance of the affected landfills. While it is difficult to place a financial value on this provision, indemnification does provide local taxpayers with insurance against future liability that can translate into potentially exorbitant costs. 8. Site Manager. r¡: -f!:: 7 ~ Pacific has also agreed to extend its previous short-term agreement to provide the City with free disposal each year. The disposal is limited to City crews and/or subcontractors on City business for up to 5% of the City's total disposal tonnage for the previous calendar year or approximately 6,500 tons. The existing agreement was for 10% of City's total annual tonnage, but staff accepts the reduction to 5% as it more accurately reflects actual City use over the past two years and is more COgTIÎ7Jmt of the fact that this renewal is a longer term deal. Free disposal at the landfill can save the City up to $200,000 per year and allows the City to stretch limited maintenance and repair funds on street maintenance, tree trimming costs, facility improvements and other projects that require solid waste disposal and recycling. This benefit is not part of the rate structure, there will be no increase to any Pacific Waste Services customers in Chula Vista as a result of this benefit and this benefit will not be a factor in future rate adjustments. 4. Free Collection and Disposal or Recycling Services a. Pacific will provide all apartment and condominium complexes with free bulky pick-up. Free collection will be arranged through apartment managers or association representatives and will keep discards such as mattresses and appliances off City streets while making disposal of large items easier for Chula Vista residents. Staff believes that Chula Vista multi-family housing owners and residents are the first in San Diego County to receive this service for free. b. City Facilities. Pacific has also agreed to provide the City with free solid waste, yard waste and recycling services at all current and future City facilities during the term of the agreement. That service is expected to save City programs such as libraries, parks, recreation and senior centers, and the animal shelter up to $65,000 per year in costs that will redirect resources from trash fees back into building maintenance and programs. This benefit is not part of the rate structure, there will be JlQ increase to any Pacific Waste Services customers in Chula Vista as a result of this benefit and the benefit will not be a factor in future rate adjustments. c. Solid Waste and Recycling Operational Issues. The major adjustments to operational terms and conditions in the current agreement are: · Pacific will begin residential service at 7 a.m. instead of 6 a.m. as soon as the landfill hours are expanded under the new permit or Council approves an automated variable rate program · Pacific will complete the color coding of residential and commercial solid waste recycling and green waste bins by July 1, 2000 · Pacific will increase the recycling education program fund by approximately $25,000 per year · Pacific will make a good faith effort to produce and locally distribute its billing and other correspondence on post-consumer content recycled paper · Pacific will upon replacement convert all supervisor vehicles and on-site power sources to a clean fuel source · Pacific will subscribe to a California Green E source of electricity · Pacific will develop and implement a pilot program to replace collection vehicles with vehicles using a clean fuel source. · Pacific and City staffwill develop an "Automated Variable Rate" program for Council review as outlined in Section 6.d of this document that will reduce the monthly rate for approximately 80% of the City's residential and small business customers. provide each customer with a sturdy ~ /"1- 4 ~ ---- The City shall have prior reasonable approval with respect to the appointment of the general market manager for San Diego County or the operations manager for San Diego County who shall be responsible for the oversight and implementation of the Franchise. This section of the agreement is designed to assure that the City and the Chula Vista ratepayers continue to benefit from a consistently high quality of management regardless of the mergers and acquisitions that continue to take place in the solid waste industry. 9. No Parking Signs. City staff will submit for City Council consideration, a program for the posting of signs prohibiting parking on streets during trash collection days in new major development areas within the City. City staff, including but not limited to Recycling Rangers, shall support adherence to the program with public education and enforcement measures to be developed and implemented at the City's sole discretion. 10. Other Provisions. The Franchise contains additional provisions that are consistent with the above terms and the current levels of performance and standards required in the current agreement. Landfill Agreement Staff is also asking for City Council approval of the Landfill Agreement Pacific/Allied has made a condition to their agreement to sign the Franchise on the terms prepared. The Landfill Agreement provides long-term disposal, stabilizes disposal costs, provides indemnification from landfill liability and addresses local impacts. A summary is attached as Exhibit B. Specifics of the mitigation measures are currently being fmalized. The final agreement and a more detailed report will be presented on June 29, 1999. The request before council currently is merely for conceptual approval. The Competitive Bid Alternative Staff would need at least six months to develop at least one, and perhaps two packages to duplicate the proposal currently before Council. One of the proposals would address solid waste and recycling collection, as well as processing services. The other would address long-term disposal, stable disposal rates and indemnification from landfill liability . The cost for a consultant to assist with the development and an independent review typically costs between $30,000 and $50,000. The successful respondent(s) would need a year to order vehicles, develop an operational plan, a routing scheme and obtain processing, marketing and related support services. The disposal contract respondents mayor may not need time to develop transfer vehicle and facility arrangements. The primary goal of a competitive bid is to obtain the best rate for local ratepayers. Typically, a complimentary objective of the competitive process is to assure the public that the process was developed in a manner that produced the best rate the market has to offer at that time. One of the most important factors in considering a competitive bid process is assessing the current market place. Five years ago San Diego County had six major companies providing services to (18) rranchisedjurisdictions. Today, largely due to the continuing cycle of mergers and acquisitions in the solid waste industry we have three companies serving the same eighteen jurisdictions with two of those companies holding sixteen rranchises. Chula Vista and the rest of San Diego county's franchise cities only have two alternate bidders competing in the local market place. Our ability to #8 ~ - implement a successful bid process would be highly dependent on attracting new service providers to San Diego to make competitive bids. The ability to attract competitive bidders in a public solid waste process is as important if not more important than actually implementing a competitive process. Even when an adequate number of competitive bidders respond, it does not guarantee that the process will produce the intended result, lower rates and better service. Poway and Imperial Beach are the only cities in San Diego County that have ever gone to bid. Poway's residential rate as of July 1, 1999 will be $15.13; Chula Vista's is $13.37. Imperial Beach has just completed their competitive bid process this month and their rates now range fÌ'om $14.40 for 30-gallon containers, $14.54 for a 64-gallon container, to $14.96 for a 90-gallon container. Chula Vista's rate remains $13.3 7 for unlimited service. Under the proposal before Council, Chula Vista's commercial rate for a 3 cubic yard bin collected once a week will be reduced to $73.50 per month. The same service in Poway and Imperial Beach under their new rates will be $83.09 and $79.96 respectively. Additionally, the Chula Vista service includes at least one fÌ'ee 3 cubic yard bin for mixed paper and rree bulky pick-up for all apartments and condominiums and rree bottle and can collection for restaurants and other hospitality businesses. Chula Vista has negotiated a better price and a better value for its ratepayers by using the right to go to bid as one tool in the negotiating process. Additional Reasons to Extend the Existing Franchise in Lieu of Waiting to the End of the Agreement in September 4. 2002 to Go Out to Bid · Unique opportunity to take advantage of fÌ'anchise and private landfill owned by an affiliate · The landfill operators need our solid waste and are trying to do the right things environmentally at the landfill in exchange for a solid waste commitment · City has negotiated a below market deal · Staff anticipates further consolidation that will produce even less qualified bidders in 2002 · By waiting until 2002 the City and residents give up: lower rates, lowest rate guarantees, improved City recycling services, general fund savings, increased recycling education funding, enhanced business services, park land donation, a donation of up to 4 million dollars in park development funds, and the only guaranteed landfill mitigation measures. · Recent bids have produced: reduced recycling programs, less service options and less revenue to their City's at higher rates and no rate stability. FISCAL IMPACT: There will be no cost to the general fund as a result of Council's approval of the Ordinance as to first reading and conceptual approval of the landfill agreement. If after having reviewed and considered the full proposal, Council elects to approve the Ordinance and adopt the Resolution on June 29, 1999 it will have the following financial impacts: The rates for the average small business in Chula Vista will be reduced rrom approximately $77.00 to $73.50 per month. Residential and other small generator rates will be limited to an annual CPI increase of nor greater than 66.6% and shall at no time be greater than 90% of the San Diego County average for similar rates. City residential and small business curbside rates will be guaranteed to be the lowest contract rates in the county throughout the term of the agreement. The City General fund will save an estimated $75,000 per year in disposal and recycling costs and will receive an estimated $825,000 in additional revenue in the next fiscal year. PWS·B·6·22 ~ '71:-9 - -~- ._._~------~ EXHIBIT A AMENDED AND RESTATED SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT This AMENDED AND RESTATED SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT ( "Franchise" ) is entered into effective as of , 1999 by and between the CITY OF CHULA VISTA, a chartered municipal corporation of the State of California ("City") and ALLIED WASTE NORTH AMERICA, INC. , a Delaware corporation, dba PACIFIC WASTE SERVICES ("Pacific") , with reference to the following facts: A. City is a chartered city within the meaning of California Constitution Article 11, Sections 3 and 5 and has reserved its powers pursuant to California Public Resources Code Section 40000 et seg. to grant an exclusive Solid Waste and Recycling franchise. B. In 1982, pursuant to Article XII of the City Charter and Chapter 8.24 of the Chula Vista Municipal Code, City granted a Solid Waste disposal franchise ("Original Franchise") to Chula Vista Sanitary Service ("CVSS") . C. Since 1982, the Original Franchise has been amended as follows: (1) Ordinance No. 2104, adopted February 28, 1985; (2) Ordinance No. 2332, adopted September 12, 1989; (3) Ordinance No. 2427, adopted December 4, 1990; (4) Ordinance No. 2429, adopted December 11, 1990; (5) Ordinance No. 2475, adopted September 3, 1991; (6) Ordinance No. 2562, adopted July 20 1993; and (7) Ordinance No. 2569, adopted September 21, 1993. D. On May 12, 1987, pursuant to City Council Resolution No. 13019, City approved an assignment of the Original Franchise to Laidlaw Waste Systems, Inc. ("Laidlaw") . E. On June 17, 1997, pursuant to City Council Resolution No. 18705, City conditionally approved Laidlaw's assignment of the Original Franchise, as amended, to Pacific. One of the conditions of approval was that Pacific enter into negotiations with City staff regarding various City issues with the franchise prior to September, 1997 when City was scheduled to consider Pacific's request for a five-year renewal. F. On August 26, 1997, pursuant to City Council Resolution No. 18763, City approved a month to month extension of the Original Franchise pending further City review and consideration of Pacific's requested five year renewal. G. On July 14, 1998, pursuant to City Council Resolution No. 19074, City approved a resolution of intention to consider the renewal of the Original Franchise pursuant to the terms and conditions set forth in that certain Solid Waste Disposal and Recycling Franchise Agreement between City and Pacific dated September 4, 1998 ("Renewed Franchise") and set a public hearing for such purpose for August 4, 1998 at 6:00 p.m. "'DOCNt.J~f" ~ '7I-/ð H. On August 4, 1998, a duly noticed public hearing was held on the Renewed Franchise, and all public testimony was reviewed and considered by the City Council. I. On August 11, 1998, pursuant to its adoption of Ordinance No. 2741 and Pacific's written acceptance thereof, City granted, and Pacific accepted the Renewed Franchise on the terms and conditions set forth herein. J. On June 8, 1999, pursuant to City Council Resolution No. , City approved a resolution of intention to consider the extension and modification the Renewed Franchise pursuant to the terms and conditions set forth in this Franchise and set a public hearing for such purpose for June 22, 1999 at 6:00 p.m. K. On June 22, 1999, a duly noticed public hearing was held on this Franchise, and all public testimony was reviewed and considered by the City Council. L. On , 1999, pursuant to its adoption of Ordinance No. ("City Adoption Date") and Pacific's written acceptance thereof, City granted, and Pacific accepted this Franchise on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, City and Pacific hereby agree as follows: 1. Definitions. Whenever in this Franchise the words or phrases hereinafter in this section defined are used, either with initial caps or small case lettering, they shall have the respective meaning assigned to them in the following definitions (unless in the given instance, the context wherein they are used shall clearly indicate a different meaning) : 1.1 "Affiliate" means any parent or subsidiary corporation, partnership or other entity, or any fellow member of an association, joint venture or similar arrangement for the provision of Solid Waste disposal or Recycling services in which Pacific holds a direct or indirect interest. 1.2 "AI uminum II means recoverable materials made from aluminum such as used aluminum food or beverage containers, aluminum foil, siding, screening, and other items manufactured from aluminum. 1.3 "Applicable Law" means any federal, State or local rule, regulation, requirement, guideline, permit, action, determination or order of any Governmental Body having any jurisdiction applicable to the subject matter of this Franchise, as now in effect and as amended from time to time. Applicable Law shall include, without limitation, "'DOCNUM" <6 ~/I .c2'=" - the City Charter, and Municipal Code. 1.4 "Binll shall mean those plastic or metal containers of one cubic yard (202 gallons) to eight cubic yards that have plastic lids on the top (unless metal lids are designated by the City Manager) . Bins are used for weekly or more frequent Collection of Solid Waste, Yard Waste or Designated Recyclables by City or Pacific. 1.5 "Bulky Waste" means discarded items whose large size or shape precludes or complicates their handling by standard Residential or Commercial Solid Waste, Recycling and Green Waste Collection methods. Bulky items include White Goods, furniture, large auto parts, trees, stumps, carpet and other potentially oversize wastes. Bulky Waste does not include hazardous or infectious waste unless specifically exempt such as Freon containing refrigerators. 1.6 "Cardboard" means post-consumer waste paper grade corrugated cardboard (grade #11), kraft (brown) paper bags, or solid fiber boxes which have served their packaging purposes and are discarded and can later be reclaimed for Collection and recovery for Recycling. 1.7 "Carts" shall mean those plastic containers with a capacity of less than 202 gallons (one cubic yard) . Carts shall have a fixed lid and are designed for automated and/or semi-automated Collection of Solid Waste, Yard Waste and/or Designated Recyclables by City or Pacific. 1.8 "Change in Law" means any of the following events or conditions occurring on or after the date hereof: (a) the enactment, adoption, promulgation, issuance, material modification or written change in and Applicable Law or administrative or judicial interpretation of any Applicable Law; or (b) the order or judgment of any Governmental Body with jurisdiction over the Solid Waste that applies to this Franchise, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of City or Pacific, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence. 1.9 11 City" shall mean the City of Chula Vista, a municipal corporation of the State of California in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. "DOCNUMA 'b -fl~ / :;, -3- 1.10 "Collection" means the act of removing and conveying non- hazardous and non-infectious Solid Waste, Yard Waste, Recyclables, co-mingled or source separated materials, from Residential, Commercial, Industrial, or Institutional (governmental) Generators, to a facility for Processing, composting, transfer, disposal or transformation. 1.11 "Commercial" means a site and/or business zoned or permitted for any use other than Residential including but not limited to Commercial, light Industrial, Industrial and agricultural. 1. 12 "Compactor Containers" means those fully enclosed metal containers of any size (approximately seven to twenty cubic yards) provided by City's hauler or customer. Compactors typically serve Large Quantity Multi-family Generators. 1. 13 "Curbside collection" means the service of removing and conveying of non-hazardous and non-infectious Solid Waste, source separated Recyclables, Green Waste, Newspaper (ONP) , Mixed Paper (MP) , corrugated Cardboard (OCC) , steel, Tin and Bi-metal Cans, metal coat hangers, glass food and beverage containers, #1 and #2 plastic containers, used oil and used oil filters from the public thoroughfare at the curb or alley. (City shall make the final determination regarding eligibility for Curbside Collection which shall generally apply to Small Quantity Generators. ) 1. 14 "Designated Containers" ( "Containers" ) shall mean those containers designated by the City Manager for temporary Storage and collection of Solid Waste or Designated Recyclables including but not limited to "Recycling Boxes, Carts, Bins, Roll-off Boxes, and or Compactor Containers. 1. 15 "Designated Recyclables" means those materials designated by the City Manager for recovery or reuse through this Franchise. The list currently includes: Newspaper (ONP) , Mixed Paper (MP) , corrugated Cardboard (OCC) , steel, Tin and Bi-metal Cans, metal coat hangers, Aluminum containers, White Goods, glass food and beverage containers, #1 and #2 plastic containers, used oil, used oil filters, concrete and asphalt. 1. 16 "Designated Solid Waste and Recycling Collection or Storage Location" means a place designated by the City Manager for Storage and/or Collection of Solid Waste, Green Waste and/or Recyclables pursuant to Section 8.24.100 of the Chula vista Municipal Code. Designated locations include, but are not limited to, the curb, alley, waste/Recycling enclosure, a loading dock, or basement of a Commercial enterprise or Multi-family complex where Solid Waste and Recyclables are placed for Collection or temporary Storage prior to Collection by Pacific. -i't/j-4- "DOCNUM'" g 1..1.7 "Franchised Recyclables" means any Residential, Commercial or Industrial Recyclables, as defined herein, by Municipal Code Chapter 8.25, placed in designated Recycling containers or at designated Recycling Solid Waste and Recycling Collection or Storage Location(s) to be collected by Pacific. 1..1.8 "Garbage" means all non-hazardous, non-infectious organic waste including: kitchen and table waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs, except organic wastes separated therefrom and used in composting in accordance with Chula Vista Municipal Code Chapter 8.25, Section 8.35.090. 1..19 "General Services" means those services provided to Small Quantity Generators, Large Quantity Generators and Industrial Generators excluding Miscellaneous Equipment and Service Rates or Option Services as listed on Exhibit G of this Agreement. 1.20 "Generator" means every owner, tenant, occupant or person owning or having the care and control of any premises in the City including the temporary use of parks, open space or a public thoroughfare. 1..21 "Glass Bottles and Jars" means food and beverage containers made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling, including container glass designated redeemable under the California Beverage Container Recycling and Litter Reduction Law, Division 12.1 (commencing with Section 1.4500) of the California Public Resources Code), as well as glass jars and bottles without redeemable value ("scrap"), but excluding household, kitchen, and other sources of non-container glass such as drinking glasses, ceramics, light bulbs, window pane glass, and similar glass products that are not bottles or jars. 1.22 "Governmental Body" means any Federal, State, County, City or regional legislative, executive, judicial or other governmental board, agency, authority, commission, administration, court or other body, or any officer thereof acting within the scope of his or her authority. 1..23 "Green Wastes" means the leaves, grass, weeds, shrubs, tree branches, tree trunk and other wood materials from trees. Green Waste may also include pre-consumer food waste, incidental amounts of waxed or plastic coated corrugated Cardboard, unpainted and untreated lumber. Green Waste does not include tree stumps in excess of 1.00 pounds, more than incidental dirt or rock, plastic, glass, metal, painted or treated lumber, plywood, particle board or other manufactured products that contain glue, 'DO~' 'g -If/I -5- formaldehyde, non-organic or nonbiodegradable materials. 1.24 "Gross Receipts" shall mean all gross operating revenues received by Pacific from Rates charged to Generators under this Franchise (for collecting, removing, transporting, Processing and/or disposing Solid Waste and Recyclables, composting and related services. Excluding: a) Franchise Fees, b) AB 939 Fees, c)Household Hazardous Waste Fees d) any other City imposed fees, taxes, or surcharges, (except fees, taxes or surcharges of general application), e) revenue generated from the sale of Recyclables collected under this Franchise, and f) revenue generated from the sale or lease of storage containers and la-val locks. 1.25 "Hazardous or Toxic Waste" means any material, waste, chemical, compound, substance, mixture, or byproduct that is identified, defined, designated, listed, restricted or otherwise regulated under Applicable Laws as "hazardous constituent," "hazardous substance," "hazardous waste constituent," "infectious waste," "medical waste," "bio- hazardous waste," "extremely hazardous waste," pollutant," "toxic pollutant," "chemical constituent," "solid waste," or "contaminant," or any other formulation intended to classify substances by reason of properties that are deleterious to the environment, natural resources or public health or safety including without limitation, ignitability, infectiousness, corrosiveness, radioactivity, carcinogenicity, toxicity, and reproductive toxicity. Without limiting the generality of the foregoing, Hazardous or Toxic Waste shall include any form of natural gas, as well as any petroleum products or any fraction thereof, and any substance that, due to its characteristics or interaction with one or more other materials, wastes, chemicals, compounds, substances, mixtures, or by products, damages or threatens to damage the environment, natural resources, or public health or safety, or is required by any law or public entity to be remediated, including remediations which such law or public entity requires in order for real property to be put to any lawful purpose. 1.26 "Hospitality" means any establishment that offers dining services, food or beverage sales. This includes taverns, bars, cafeterias, and restaurants, as well as, motels and hotels (temporary housing of less than one month duration), hospitals, schools, colleges, and other such establishments that have dining services, or a restaurant or bar on their premises. 1.27 "Industrial" means any property or Generator that is engaged in the manufacture of products including but not limited to construction and demolition. Industrial Generators are typically serviced by Roll-off Boxes of 10-40 yard capacities and typically generate Inert materials such as asphalt, concrete, building debris and some wood and dry Gree~Waste. 'DOCNUM' ~ j4:!6 -6- 1. 28 "Industrial Recyclables" means Recyclables from Industrial, construction, and demolition operations, including, but not limited to, asphalt, concrete, dirt, land clearing brush, sand and rock. 1. 29 II Inert II means materials such as concrete, soil, asphalt, ceramics, earthen cooking ware, automotive safety glass, and mirrors. 1. 30 "Institutional" shall mean any premise owned and/or occupied by local, State and federal agencies, typically office or education facilities with a common waste stream. 1. 31 "Landfill" means a disposal system by which Solid Waste is deposited in a specially prepared area which provides for environmental monitoring and treatment pursuant to the California Code of Regulations, the California Public Resources Code and the Federal Resource Conservation and Recovery Act. 1. 32 "Large Quantity Generator" means those Residential, Commercial, Industrial and Institutional entities that generate more than four (4) ninety-six (96) Carts of waste per week excluding source separated Recyclables diverted from disposal or transformation. 1. 33 "Large Quantity Multi-family Generator" means Generators in Multi-family complexes of 10 or more Units. 1.34 "Mixed Paper" means corrugated Cardboard, all high and low grade ledger and other fibers not contaminated by food waste or other materials that render them unmarketable. 1. 35 "Mixed Waste processing" means a system of recovering Recyclables from the mixed waste stream through separation at a Processing facility, transfer station, Landfill, or other such facility instead of separation at the primary waste generation source. 1. 36 "Multi-family" means a structure or structures containing a total of 4 or more dwelling Units in any vertical or horizontal arrangement on a single lot or building site. 1. 37 "Newspaper" means newsprint-grade paper including any inserts that come in the paper, and excluding soiled paper, all magazines, and other periodicals, telephone books, as well as all other paper products of any nature. 1. 38 "Nuisance" means anything which is injurious to human health, or is indecent or offensive to the senses, and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood, or any number of persons, although the extent of annoyance or damage inflicted upon the individual may be unequal, and which occurs as a result of ""DOCNUM" 1; '"tF/¿' -7- - the storage, removal, transport, processing, or disposal of solid Waste, compost and/or designated recyclables. 1.39 "Plastic Bottle" means a plastic container with narrow neck or mouth opening smaller than the diameter of the container body, used for containing milk, juice, soft drinks, water, detergent, shampoo or other such substances intended for household or Hospitality use; to distinguish from non-bottle containers (e.g., deli or margarine tub containers) and from non-household plastic bottles such as those for containing motor oil, solvents, and other non-household substances. 1.40 "Processing" means the reduction, separation, recovery, conversion, or Recycling of any component(s) of Solid Waste. 1.41 "Putrescible Wastes" means the waste in organic material with the potential decomposition capacity to emit noticeable quantities of odor and gas by-products. Material in this category includes, but is not limited to kitchen waste, dead animals, food from containers, etc., except organic wastes separated therefrom and used in composting. 1.42 "Recyclables" means any materials that are recyclable, reclaimable, and/or reusable within the following generating categories: Small Quantity Generator and Large Quantity Generator. Any material having an economic value on the secondary materials market or that is otherwise Salvageable shall be included and/or other materials that have been separated from other Small Quantity Generators or Large Quantity Generators for the purposes of being recycled for resale and/or reuse, and placed at a Designated Solid Waste and Recycling Collection or Storage Location or in a Recycling or waste container for the purpose of Collection and Processing, or any such designated recyclable materials collected under a Mixed Waste Processing program. 1.43 "Recycling" shall mean any process by which materials which would otherwise be discarded, deposited in a Landfill or transformation facility and become Solid Waste are collected (source separated, commingled, or as "Mixed Waste"), separated and/or processed and returned to the economic mainstream in the form of raw materials or products or materials which are otherwise salvaged or recovered for reuse. 1.44 "Recycling Box" shall mean those containers with a capacity of 18 gallons to 32 gallons which are supplied by City or Pacific for manual collection of Designated Recyclables. 1.45 "Refuse" means Garbage and Rubbish. °DOcmn<° - 8 - 8>9--/1 1.46 "Removal" means the act of taking Solid Wastes or Designated Recyclables from the place of generation either by the Pacific or by a person in control of the premises. 1.47 "Removal Frequency" means frequency of Removal of Solid Wastes or Recyclables from the place of generation. 1. 48 "Residential" for purposes of this Franchise, means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, including single and multiple family dwellings, apartment- hotels, boarding and lodging houses. Residential does not include short-term Residential uses, such as motels, tourist cabins, or hostels which are regulated as Hospitality establishments. 1.49 "Roll-off Boxes" means those 10 to 40 cubic yard steel temporary containers with an open top and doors at least at one end typically used for temporary service to remove and convey non-putrescible, inert (concrete, asphalt, other demolition debris) Solid Wastes and Recyclables or Green Waste. 1. 50 "Roll-off Service" means service provided for the Collection, Removal and Disposal of Industrial waste such as construction, demolition and other primarily Inert non-Putrescible Wastes and Green Wastes. Roll-off Service is usually provided using metal containers of 10 to 40 cubic yards that are open on the top with doors on one end. 1. 51 "Rubbish" means non-Putrescible Solid Wastes such as ashes, paper, glass, bedding, crockery , plastics, rubber by-products or litter. Such materials that are designated as recyclable or compost may be exempt from categorizing as Rubbish provided such materials are handled, processed and maintained in a properly regulated manner. 1. 52 "Salvaging or Salvageable" means the controlled and/or authorized Storage and Removal of Solid Waste, Designated Recyclables or recoverable materials. 1. 53 "Scavenging" means the uncontrolled and/or unauthorized Removal of Solid Waste, Designated Recyclables or recoverable materials. Such activity is unlawful and is a misdemeanor punishable by up to six months in jail and $1,000 in civil penalties under section 8.24.200, 8.25.080 of the Chula Vista Municipal Code and Chapter 9 Section 41950 of the California Integrated Waste Management Act of 1989. 1.54 "Small Quantity Generator" means all Residential dwellings of four units or less (without restriction on the amount of waste generated by such dwellings) and all Commercial, Industrial and Institutional entities that generate an amount equal to or less than four (4) ninety-six (96) "DOCNUM" 'b -¡-Lf-/I -9- gallons Carts of waste per week excluding source separated Recyclables diverted from Disposal or transformation. 1.55 "Small Quantity Multi-family Generator" means Generators in Residential dwellings of 9 Units or less. 1. 56 "Solid Waste" means all putrescible and non-Putrescible solid waste, semi-solid and liquid wastes, such as Refuse, Garbage, Rubbish, ashes, Industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and Industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and includes liquid wastes disposed of in conjunction with Solid Wastes at Solid Waste Transfer or Processing Stations or disposal sites, which are generated by Residential, Commercial or Industrial sites within the City. Solid Waste shall not include: Hazardous and Infectious Waste, sewage collected and treated in a municipal or regional sewage system or materials or substances having commercial value or other importance which can be salvaged for reuse, Recycling, composting or resale. 1. 57 "State" shall mean the State of California. 1. 58 "Storage" means the interim containment of Solid Wastes, Yard Wastes, or Recyclables in an approved manner after generation and prior to Disposal, Collection or Processing. (Interim means for one week or less, Roll-off containers may store non-Putrescible waste for up to thirty days.) 1. 59 "Streets and Byways" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said City, including State highways now or hereafter established within said City. 1. 60 "Tin and Bi-metal Cans" means any steel food and beverage containers with a tin or Aluminum plating. 1.61 "Transfer or Processing Station" means those facilities utilized to receive Solid Wastes and to temporarily store, separate, convert, or otherwise process the Solid Waste and/or Recyclables. 1. 62 "Uncontrollable Circumstances" means any of the following acts, events or conditions, if such act, event or condition is beyond the reasonable control and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party relying thereon as a justification for not performing an obligation or complying with any condition required by such party under this Franchise: (a) an act of God (but not including reasonably anticipated weather conditions for the geographic area of the ^DOCNUM'" -lO-g 'ìf- / í -~ City) , hurricane, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance; (b) strikes or work stoppages occurring with respect to any activity performed or to be performed under this Franchise; and (c) pre-emption of materials or services by a Governmental Body in connection with a public emergency or any condemnation or other taking by eminent domain. It is specifically understood that none of the following acts or conditions shall constitute Uncontrollable Circumstances: (a) general economic conditions, interest or inflation rates, currency fluctuations or changes in the cost or availability of commodities, supplies or equipment; (b) changes in the financial condition of City, Pacific or any subcontractor affecting their ability to perform their obligations; (c) the consequences of errors, neglect or omissions by City, Pacific or any subcontractor; (d) any failure of any subcontractor to furnish labor, materials, service or equipment for any reason (other than an Uncontrollable Circumstance); (e) equipment failure; and (f) any impact of minimum wage law, prevailing wage law, customs or practices on Pacific's or City's operating costs. 1. 63 "Unit" means an individual residence contained in a Residential Multi-family complex. 1.64 "White Goods" means kitchen or other large enameled appliances which includes, but is not limited to, refrigerators, washers, and dryers. 1. 65 "Wood Waste" means lumber and wood products but excludes tree stumps in excess of 100 pounds, more than incidental dirt or rock, plastic, glass, metal, painted or treated wood, plywood, particle board or other manufactured products that contain glue, formaldehyde, non-organic or non-biodegradable materials. 1. 66 "Yard Waste" means the leaves, grass, weeds, and wood materials from trees and shrubs from the single family and Multi-family Residential sources of City's Green Waste (to include landscape haulings from Residential sources) . Acceptable materials for Collection include all Yard Waste as herein defined, excluding treated or processed wood or lumber, Bulky Waste or any other materials as shall be determined by City as to not be Salvageable. All acceptable Yard Waste shall be void of nails, wire, rocks, dirt or any other material that is not considered Yard Waste. Roll-off Box loads containing 50% or more palm fronds may be delivered to and used by the Otay Landfill as alternative daily cover. "'DOCNUM" l/ffA¡) -11- 2 . Grant of Franchise. 2.1 In General. City hereby grants to Pacific, subject to the terms and conditions set forth herein, an exclusive Franchise ( "Franchise" ) to collect and dispose of, for a fee, Solid Waste and Franchised Recyclables from Residential, Commercial and Industrial sites within the City, in the manner and on the terms specified herein, and to use for such purposes the City Streets and Byways. This Franchise is granted pursuant to the authority and subject to the terms and conditions contained in Article XII, Sections 1200 through 1206 of the City Charter, and Chapter 8.23 of the Chula Vista Municipal Code. This Franchise is granted upon each and every condition herein contained, and shall be strictly in accordance with Applicable Law. Each of said conditions is a material and essential condition to the granting of this Franchise. Nothing shall pass by the Franchise granted hereby to Pacific unless it be granted in plain and unambiguous terms. The parties acknowledge and agree that in the event of a dispute over the interpretation of this Franchise, if the term in dispute is ambiguous and susceptible of two meanings such term shall be construed liberally in favor of the public in accordance with Applicable Law. 2.2 Exclusive Nature of Franchise. 2.2.1 During the Term of this Franchise, except as hereinafter otherwise provided, or except as may otherwise be required by federal or State law, the rights granted to Pacific under this Franchise shall be exclusive to Pacific, and City will not let any contract to, or enter into any contract with, any other person, firm, or corporation for the performance of the services herein required to be performed by Pacific. City shall protect Pacific's rights to such exclusive contract by proper ordinances, and by reasonable enforcement thereof. 2.2.2 Such exclusive rights shall not extend to Solid Waste or Recycling Services that cannot be exclusively franchised under federal or State law. In addition, this grant of exclusive Franchise is not intended and does not preclude duly licensed City based non-profit organizations and community groups from conducting Recycling programs for the purpose of raising funds, nor does it preclude a person from selling or otherwise disposing of their own Recyclables at a buy-back center or from donating their own Recyclables, so long as said collection(s), donation(s) or sale(s) do not occur at Designated Solid Waste and Recycling Collection or Storage Location(s) . Pacific and City hereby expressly exclude from Pacific's exclusive rights hereunder the picking up, gathering, and Removal of Refuse pursuant to competitively bid contracts between State agencies or local districts and a City authorized City trash franchisee. 3 . Term. 3.1 Initial Term. The initial Franchise term ("Initial ADOCNUM" ?!r1~ --12- - Term II ) shall commence on July 1, 1999 and shall terminate on June 30, 2007, unless earlier terminated in accordance with the provisions hereof. 3.2 Extension of Initial Term by City or Pacific. Pacific shall have the option to extend the Initial Term for another eight (8) year period ( II Extended Term ") , on the same terms and conditions or such other terms and conditions as may be agreed upon by City and Pacific, provided the City Manager reasonably determines that Pacific has satisfactorily performed under and is in full compliance with this Franchise and Applicable Law and has the ability to perform its obligations under this Franchise during the Extended Term. Pacific shall notify City in writing as to whether Pacific intends to exercise its option to extend the Initial Term at least one hundred eighty (180) days prior to the end of the Initial Term. If, for whatever reason, Pacific elects not to exercise such option, City may extend this Franchise for the Extended Term on the same terms and conditions, in City's sole discretion, by written notice to Pacific within sixty (60) days of City's receipt of notice of Pacific's intention. 3.3 Extensions of Extended Term bv City. City shall have two (2) additional options to extend the Extended Term, each for an eight ( 8) year period on the same terms and conditions or, if City agrees in its sole discretion, such other terms and conditions as may be agreed upon by City and Pacific; provided, however, Pacific may terminate this Franchise when the Otay Landfill reaches full capacity by providing at three hundred and sixty-five (365) days prior notice, so long as the termination is not effective until after June 30, 2028. Such options may be exercised in City's sole discretion by providing Pacific notice of its intention to extend the Term at least one hundred eighty (180) days prior to the end of the applicable Term. The Initial Term, the Extended Term and any future extensions thereof shall collectively be referred to herein as the IITerm". iTc?:. .o,DOCNUM" D ·'-13- 4. Consideration. 4.1 Franchise Fee. 4.1.1 In consideration of City's grant of this Franchise, Pacific shall pay to City during the first year of this Franchise an amount equal to eight percent (8%) of Pacific's Gross Receipts ("Franchise Fee"). Commencing on July 1, 2000, and thereafter, the Franchise Fee shall be increased to ten percent (10%) of Pacific's Gross Receipts. City shall have the right to decrease the Franchise Fee at any time by resolution of the City Council (and subsequently require Pacific to reduce General service Rates a corresponding amount). Pacific shall not materially change its Collection or Processing methods or the terms and conditions of its existing contracts in such a way as to adversely affect the Franchise Fees to be paid to City, nor shall it enter into any new contracts that would have such effect without City's prior written approval. Two percent (2%) of the total of ten percent (10%) of Gross Revenues which constitute Franchise Fees shall not be passed through to Ratepayers. It is understood that any increase imposed by City shall be cause for Pacific to increase Rates in order to immediately "pass through" the cost to Ratepayers. 4.1.2 Pacific shall file with the director of finance of City on a monthly basis, a duly verified statement showing in detail the total Gross Receipts of Pacific during the preceding month or fractional month from the Collection and disposal of Solid Waste and Franchised Recyclables within the City. Pacific shall pay to City within fifteen (15) days after the time of filing of such statement, in lawful money of the United States, the aforesaid percentage of its total Gross Receipts for such month, or such fractional month, covered by such statement, plus any and all City imposed fees collected by Pacific pursuant to Section 6,2.17 hereof. 4.1.3 The acceptance by City of payments of the Franchise Fee shall be without prejudice to City's right to an examination of Pacific's books and records maintained with respect to the calculation thereof in order to verify the amount of Pacific's Gross Receipts. At any reasonable time within three years after receipt of any statement furnished it by Pacific as provided in Section 4.1.2, above, and upon fifteen (15) days prior written notice to Pacific, City may cause a special audit to be made of those books and records of Pacific (i) relating to the calculation of City's Franchise Fee for the period covered by the statement, relating to (ii) the Net Revenue generated from the sale of Recyclables and (iii) as are reasonably necessary to verify Pacific's compliance with its performance obligations hereunder. Except as provided below, the cost of such audit shall be borne by City. If it shall be determined that there has been an error in the payment of the Franchise Fee, then a reconciling payment or credit shall be made. If it is determined that the error exceeded three percent (3%) of the amount owed for the period covered by the audit, and such error is to the disadvantage of City, then Pacific shall also reimburse City for "DO=<' ~ )j;ð 14- the cost of the audit. City shall keep all information received from Pacific in connection with any audit hereunder confidential, and shall not disclose or use any such information without the prior written consent of Pacific, except to the extent required under Applicable Law or in connection with any dispute resolution proceeding with respect to this Franchise. 4.2 Siqninq Bonus. In further consideration of City's grant of the Franchise, Pacific shall pay to City a signing bonus equal to $818,000 ("Signing Bonus"), which bonus shall be payable as follows: (i) $218,000 shall be payable in full on July 30, 1999; (ii) $300,000 shall be payable on January 1, 2000 and (iii) the balance shall be payable in equal monthly installments of $50,000 each, beginning on January 15, 2000 and continuing on the fifteenth day of each month thereafter until June 15, 2000. 4.3 Annual Bonus. In further consideration of City's grant of this Franchise, Pacific shall pay to City during the Term an annual bonus (" Annual Bonus"). The Annual Bonus shall be payable commencing July 15, 2000, and on each July 15 thereafter for the remainder of the Term, in annual lump sum installments in the amounts set forth in Exhibit A attached hereto. 4.4 Free Disposal for Citv Business. 4.4.1 Commencing as of July 1, 1999 and for the remainder of the Term, City and City designated contractors on City business shall not be charged tipping fees for Solid Waste delivered by City or its agent to the Otay Landfill. Such exemption from tipping fees shall include an exemption from processing fees that would otherwise be assessed with respect to Green Waste delivered to Organic Recycling West ("ORW"). Notwithstanding the foregoing, tipping fees will be charged to City under this section if the tonnage deposited in the Otay Landfill in anyone calendar year exceeds an amount equal to five percent (5%) of the total tonnage of Solid Waste deposited in the Otay Landfill from all City Generators in the preceding twelve- month period, but such charges shall only apply to the tonnage that exceeds the limit. City shall provide advance notice to Pacific of City crews and City contractors for whom City may be entitled to a credit hereunder. City shall submit its requests for free disposal from sub-contractors that qualify for free disposal to Pacific by providing on City letterhead the name of the company delivering the Solid Waste, the vehicle license number(s), the date or time period of delivery and an estimate of the total tonnage or number of vehicle loads. Pacific shall file monthly reports with City to verify appropriate use of free disposal at Pacific facilities. 4.4.2 Free Citv Service. Pacific shall provide City with free Solid Waste, Yard Waste and Recycling Collection, Removal, Processing and disposal services at all City facilities during the term of this Franchise. City shall pay for Roll-off Service (or similar temporary services) requested by City. Only the disposal tonnage for Roll-off Service and other temporary services requested by City shall accrue against the annual 5% 'DO~' ~ '#~/-15- City disposal allowance described in Section 4.4.1. Roll-off Service shall accrue based on actual weight per load. Temporary services shall accrue at a rate of 100 lbs. per loose cubic yard times the frequency of pickup. 4.5 Citv Desiqnation as "State Curbside Operator". Throughout the Term of this Franchise, Pacific shall maintain City's designation as "State Curbside Operator" with the Department of Conservation, Division of Recycling, for the purposes of all California Redemption Value ("CRV") materials collected in Chula Vista by Pacific and deliver to City Annual CRV payments payable pursuant to California Public Resources Code 014549.6 ("CRV Fee") as it may be amended or replaced. City shall be entitled to the CRV Fee payable in 1999, and to all future CRV Fees which accrue during the Term. All other CRV revenue and scrap value payments generated as a part of the per ton value from the Processing of Designated Recyclables shall be subject to revenue sharing between Pacific and City as described in Section 8.6. Funds accrued to City under this section shall be used to support Integrated Solid Waste Management, Recycling public education, printing, promotion and incentive programs. Pacific shall not materially change its Collection or Processing methods or subcontracts in such a way as to adversely affect CRV Fees or other amounts to be paid to City without City's prior written approval. 4.6 Other Fees. Except for the Franchise Fees, Signing Bonus, Annual Bonuses and other fees provided in this Article IV and any generally City imposed taxes, fees or charges assessed on all businesses for goods or services in City, City shall not impose any other or further fees or assessments on Pacific or any valid successor or assign in connection with its activities under this Franchise except to the extent that Pacific may immediately pass-through such tax, fee, charge or assessment to Ratepayers (and for which Pacific shall cooperate with City in collecting) . City agrees to coordinate, whenever possible, the concurrent imposition of any pending regulatory fee increases with any pending service rate increases by Pacific. Further, in the event that fees or assessments are imposed on Pacific with respect to the Pacific's rights under this Franchise, and the legislative action or actions imposing the same further requires that the same are diverted, earmarked or otherwise paid over to the benefit of City, in whole or in part, and such action or actions are not otherwise offset by a related legislative action or actions which reduce City revenues under this Franchise such sums, if any, shall be promptly rebated to Pacific's accounts or paid over to Pacific. 5. Compliance with Laws and Directives. 5.1 Pacific shall comply with all Applicable Law (or such higher standards as may be required under this Franchise) regarding the manner in which it conducts its trade and business. Pacific and City agree to cooperate with each other in reaching a modification to this Franchise to the extent required by law at any time it should be deemed necessary in the future. In the ~ ,,- ""DOCNUM" ftrJ..!è> -16- event of any Change in Law, or a successful third-party challenge to all or any material provision of this Franchise that in either' case materially affects City's consideration or Pacific's operational requirements hereunder, the parties agree to meet and confer in order to develop reasonable modifications to this Franchise in order to allow this Franchise to continue in substantial conformance with its terms as they existed prior to such Change in Law. If the parties are unable to so agree upon reasonable modifications to this Franchise, the party adversely affected by such Change in Law or challenge shall have the right to terminate this Franchise (such termination being effective no earlier than three hundred sixty-five (365) days from exercise of such right); provided, however, the parties agree to meet and confer to determine if the Franchise can be terminated earlier in order to transition as quickly as possible to a new franchisee. 5.2 In addition, at all times during the Term of this Franchise, Pacific shall perform its obligations hereunder to the reasonable satisfaction of the City Manager (or a delegate thereof) who shall have the right, consistent with the terms and conditions of this Franchise, to issue orders, directions and instructions to Pacific from time to time with respect to the Collection, transportation, and Removal of Solid Waste and Franchised Recyclables, the performance of Pacific's services hereunder, and Pacific's compliance with the provisions of the ordinances of the City of Chula Vista as they now exist or may from time to time be amended, and Pacific agrees to comply therewith. 6 . Services to be Provided. 6.1 In General. Pacific undertakes and agrees, for the consideration set forth herein, to collect, pick up, remove and dispose of, all Solid Waste and Franchised Recyclables which are generated or accumulated by or upon all property located within the jurisdictional boundaries of the City during the Term of this Franchise, except as herein otherwise provided, subject to and in accordance with the terms and provisions hereof. Pacific shall furnish all labor, equipment, and vehicles (including adequate standby equipment and vehicle capacity to provide the service herein required in the event of a breakdown) , and all insurance and bonds necessary under Section 9 hereof to insure the efficient and timely performance of such obligation. All Solid Waste and Franchised Recyclables collected by Pacific shall become the property of Pacific immediately upon the Collection thereof, and shall be forthwith removed and transported by Pacific for disposal in the Otay Landfill, the Sycamore Canyon Landfill or such other Landfill or Processing facility for Franchise Recyclables mutually agreed upon by Pacific, City, Otay Landfill, Inc. and Sycamore Canyon Landfill, Inc. , or for sale, as appropriate, which shall be provided, arranged for or furnished by Pacific in accordance with the terms of this Franchise. The Collection and Removal of Solid Waste and Franchised Recyclables shall be done in a prompt, thorough, lawful and workmanlike manner. ADOCNUM'" ~ /1' cJ-þ -17- -- 6.2 Operational Plan. The Collection, Removal and disposal of said Solid Waste and Franchised Recyclables by Pacific shall be done in accordance with an operational plan reasonably approved by the City Manager ("Operational Plan"). The Operational Plan shall describe the routes to be established and shall contain details regarding servicing schedule, the equipment to be used, and alternate procedures to be followed in the event of severe weather or equipment failures. The Operational Plan may be amended at any time by mutual agreement of the parties. In addition, City reserves the right to require reasonable modifications to the Operational Plan if at any time during the Term of this Franchise City determines that the public interest requires a Collection program differing from that which Pacific has established, or that technological or other changes materially affect the necessity of or level of the services provided for hereunder. The Operational plan shall include, at a minimum, the programs, terms and conditions contained in this section and in Section 8 hereof, below. Additional performance standards are contained in Exhibit B attached hereto. 6.2.1 Collection Times and Freauencv. At least one regular weekly Collection for Solid Waste, Recycling and Yard Waste shall be provided to each Small Quantity Generator and Large Quantity Generator within the City as applicable (except for multi-family Recycling, which shall be at least once every two weeks) . Industrial Collection shall be handled on an on-call basis in a manner mutually agreeable to Pacific and individual customers as more specifically provided in Section 6.2.3 below. Pacific shall not collect Solid Waste or Franchised Recyclables within a Residential area between the hours of 6:00 p.m. and 6:00 a.m. Upon the earlier of conversion to automated service or expansion of the Otay Landfill hours of operation, Pacific shall not collect Solid Waste or Franchised Recyclables (i) within a Residential area between the hours of 6:00 p.m. and 7:00 a.m or (ii) within a Commercial area which is immediately adjacent to a Residential area before 7:00 a.m. Pacific shall complete all routes by the end of the scheduled allowed service day, except in the event of emergency, hazardous weather conditions, natural disaster or other unforeseen circumstances beyond Pacific's reasonable control. With prior written permission of the City Manager, this time frame may be modified. Pacific agrees to meet and confer with City and make a good faith effort to remedy each circumstance where Collection service may be a Nuisance to residents, including but not limited to Commercial Collection adjacent to a Residential dwelling or dwellings. 6.2.2 Holidavs. The following shall be considered legal holidays where Collection services shall not be required for purposes of this Franchise: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Any other days must have prior written approval from the City Manager. When a regularly scheduled Small Generator Collection falls on a legal holiday, the Collection for that day and succeeding days of that week shall be rescheduled one day later. Holiday disruptions of Large Generator and Industrial Collections shall be handled in a manner mutually agreeable to "DOCNUM'" '6ìf-;<1 -18- - the Pacific and individual customers. 6.2.3 Containers: TYPe and Location. Pacific shall provide Bins as required for Large Generator (Commercial) and Industrial Generator customers or whenever other customers of Pacific request their use. Each Bin shall be placed in an accessible, outside location according to individual agreements with each customer. Any new or replacement Bins shall be fitted with plastic lids. Pacific shall color code all Carts, Bins and Recycling Boxes as soon as possible, but in no event later than July l, 2000, in a manner approved by City. At City's election, at the end of the Term, Pacific shall be required to transfer ownership to City and City shall accept all operable Solid Waste, Recycling and Yard Waste Recycling Boxes and Carts which are 5 years old or less (excluding metal containers of one yard capacity or greater) in exchange for City's payment to Pacific of an amount equal to (i) 90% of the original wholesale purchase cost of all of such containers which are l year old or less, (ii) 80% of the original wholesale purchase cost of all of such containers which are between land 2 years old, (iii) 70% of the original wholesale purchase cost of all of such containers which are between 2 and 3 years old, (iv) 60% of the original wholesale purchase cost of all of such containers which are between 3 and 4 years old and (v) 50% of the original wholesale purchase cost of all of such containers which are between 4 and 5 years old. At City's election, at the end of the Term, Pacific shall be required to transfer ownership to City and City shall accept all operable Solid Waste, Recycling and Yard Waste Recycling Boxes and Carts which are 5 years old or greater (excluding metal containers of one yard capacity or greater) at no charge to City. 6.2.4 Public Place Containers. Pacific agrees to provide and maintain up to twenty (20) additional litter containers per year until build-out of the expansion of the Otay Ranch area is complete (provided City reimburses Pacific for the cost of any such container to the extent such cost exceeds $350) for the use of the general public for public areas such as plazas and rights-of-way and to empty and dispose of the contents as necessary. Pacific shall provide additional standard litter bins, with covers and signage approved by City, at locations requested by City within 96 hours of City's request. Materials deposited in such public place litter bins shall be collected weekly or twice per week as needed with Residential or Commercial waste. 6.2.5 Notice of Collection Schedule. Pacific shall prepare and furnish to all customers not less than four (4) days prior to the beginning of, or change in service, schedules setting forth the days on which the Collections shall be made. Notice shall be in such form as is first approved by the City Manager or a designee thereof. 6.2.6 Local Operations and Manaqer. Pacific shall maintain its offices and service fleet at its current facility on Energy Way in the City, or at another appropriate location within "DOCNUMA ~ ';j:.éJ. r -l9 - the City. Pacific shall at all times during the term of this Franchise have the general market manager for the San Diego region with decision making authority with respect to this Franchise or the operations manager for the San Diego region responsible for the oversight and implementation of this Franchise located at its Chula Vista offices. City shall have prior reasonable approval with respect to the appointment or transfer (except for promotion) of such persons. 6.2.7 Citizen Drop-Off Proqram. Pacific or its Affiliate shall implement a citizen drop-off program whereby Chula Vista residents may drop-off Solid Waste and Recyclables generated by such residents at the Otay Landfill. 6.2.8 Construction Demolition Proqram. Pacific shall implement construction demolition recommendations attached hereto as Exhibit C and incorporated herein by this reference. 6.2.9 Sinqle Can Service for Seniors. Pacific shall maintain a reduced price single can program for senior citizens with scheduled billing comparable to standard Residential curbside services. 6.2.10 Missed pick-Ups. In case of a missed pick-up called in by City or a Generator, Pacific shall, where possible, provide Collection within 24 hours. If unable to accommodate due to inadequate notice, the Generator shall be so notified and the materials shall be picked up on the next scheduled Collection day. Information on missed pick-ups shall be logged by Pacific and shall be available to City upon request. 6.2.11 Special Events and Free Disposal Davs. Pacific shall cooperate with City in carrying out special events to improve community appearance. Such cooperation shall include, but not be limited to, Pacific's provision of free Solid Waste and Recycling containers and Collection services for at least two special public events sponsored by City. Additional events may be serviced at Pacific's discretion. Free services shall not be offered to special event organizers other than City until such parties have submitted a plan to the City Manager and received his or her approval thereof. Special events shall include, but not be limited to, Harbor Days, Chula Vista Expo, Arturio Barrios and Youth runs, Bonitafest, Lemon Festival, Christmas Parade, Community Clean-up days, and the semiannual free disposal days. In addition, Pacific will provide two annual one-day Collection events at a location and time approved by City where customers of Pacific within the City may dispose of Solid Waste at no additional charge. 6.2.12 Bulkv Waste. Pacific shall institute and carry out for the Term of this Franchise a free Bulky Waste pick- up program for Small Quantity Generators and a limited Bulky Waste pick-up program for Large Quantity Multi-family Generators in accordance with the terms and conditions set forth on Exhibit ~ attached hereto and incorporated herein by this reference. "'POCNUM'" y; ~c?-7 -20- -- 6.2.13 Eauipment Specifications and Maintenance. Initially, and throughout the Term, the average age of all Collection vehicles must be not more than six (6) years, the actual age of any Collection vehicle must not be more than eleven (11) years, and all such vehicles must be radio controlled. All truck bodies will be specifically designed and manufactured for mechanized Solid Waste, Yard Waste and/or Recycling Collection, completely enclosed, all metal, watertight and capable of withstanding internal fires. Pacific shall assign a smaller and lighter sized Collection vehicle for mobile home parks and special services. Pacific shall clean and wash all trucks at least once each week and shall otherwise keep them clean, neat and in a sanitary condition at all times. All vehicles shall be field inspected by someone other than the driver on a regular basis, but not less than quarterly, for solid or liquid leakage. All leaks discovered shall be immediately repaired. Pacific shall paint its name and telephone number on the side of each truck and on all drop bodies and similar equipment in letters not smaller than four inches high or use a decal approved by the City Manager. Each vehicle shall at all times have in the cab, the registration of the truck, certificate of insurance card and an identification card with the name of whom to telephone in case of an accident. Each vehicle shall also be equipped with a five-pound fire extinguisher certified by the State fire marshal, as well as a two-way radio. All graffiti on equipment shall be promptly removed, by no later than 2 weeks after the earlier to occur of Pacific's discovery or City's notice to Pacific thereof. All of Pacific's equipment may be inspected at the discretion of the City Manager or any other appropriate agency at the point of operation at any time. 6.2.14 Spillaqe. Pacific shall exercise all reasonable care and diligence in collecting Solid Waste and Franchised Recyclables so as to prevent spilling, scattering or dropping of Solid Waste or Franchised Recyclables, and shall immediately, at the time of known occurrence, or upon notification by City, clean up any spillage. 6.2.15 Disposal of Solid Waste. Pacific shall dispose of Solid Waste (which has not been source separated for the purposes of recycling or composting), at its expense, at the Otay Landfill or the Sycamore Canyon Landfill, both being City authorized Landfills, in accordance with all Applicable Law, or such other Landfill mutually agreed upon by Pacific, City, Otay Landfill, Inc. and Sycamore Canyon, Inc. Disposal of Solid Waste at waste-to-energy plants and Landfills located outside of the State requires the prior approval of City. Pacific shall not dispose of Solid Waste, Yard Waste or Recyclables generated within the City by land application, incineration, waste-to- energy or any other form of transformation without first obtaining written approval from the City Manager. 6.2.16 Emplovees. Pacific shall provide top quality service by industry standards, including competent, qualified and sober personnel who serve the public in a courteous, helpful and impartial manner. Subject to all "DOCNUM'" ~¡ff:.3 Ò -21- -- Applicable Law, and the provisions of collective bargaining agreements negotiated in good faith (a) City may, at its option, require fingerprinting of Pacific's employees or agents whose service will cause them to enter onto or work in close proximity to private property; and (b) Pacific shall hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other non-merit factor. Any employee driving a vehicle shall at all times have in his possession a valid and appropriate vehicle operator's license issued by the State. Pacific and its employees and agents shall be required to wear clean clothing of a uniform type when engaged in Collection service on public streets. 6.2.17 Inauiries and ComDlaints. a. Telephones will be attended by competent personnel providing live customer response from 8:00 a.m. to 6:00 p.m. on regular work days, 8:00 a.m. to 12:00 p.m. on Saturdays, and an answering service shall be provided after hours, weekends and holidays. b. Pacific shall have a formal and auditable complaint procedure. Upon request, City will be provided details of any complaints, including the resolution thereof. Pacific shall make a good faith effort to return such calls by noon the next business day. Pacific shall check with City by fax or telephone at 3:30 p.m. each service day to obtain information regarding complaints or inquiries and shall resolve all Collection issues by 6:00 p.m. the next business day. Pacific shall staff its phones such that the average wait time to reach a customer representative does not exceed ninety (90) seconds for any standard calendar week and is otherwise not excessive. 6.2.18 Billinq. Pacific will provide the billing and be totally responsible for the collection of payments, including City imposed fees for remittance to City. Pacific shall include the City Quarterly and other City inserts in its billing statements. Service to Small Quantity Generators shall not be shutoff for nonpayment and delinquent Small Quantity Generator accounts will be referred to City for collection. Service shutoff of service to Large Quantity Generators and Industrial customers for nonpayment shall not be instituted before thirty days after initial billing and after sufficient notification (including a list of such accounts to City), to the extent permissible under Applicable Law. To the extent of any inconsistency between the provisions of this section and the Chula Vista Municipal Code the terms of the Municipal Code shall govern. Commercial billing shall be monthly in arrears of service. Pacific will exercise its best efforts to convince the individuals responsible for corporate billing policies at Pacific to exempt City and this Franchise from existing corporate policies such that Pacific may transfer billing related to this Franchise to a mailing/billing house located within the Greater San Diego Area by July 1, 2000. If the billing is not so transferred by such date, the parties shall amend Exhibit B to "DOCNUM" ~ 'fr3/ -22- -~.- include a liquidated damages penalty for late bill delivery. Pacific will exercise its best efforts to convince the individuals responsible for corporate billing policies at Pacific to exempt City and this Franchise from existing corporate policies such that Pacific may convert its stationary and billing notices to a post-consumer content recycled paper and may remove plastic window or other non-recyclable items from billing. 6.2.19 Public Information. Pacific shall annually update a brochure for all classes of new customers and mail the same to the new customers as soon as reasonably possible but in no event later than the date of initial service to such customers. City shall have ten (10) business days advance notice to review and approve public information before printing and distribution, including billing inserts and handouts. City's failure to respond within such 10-day notice period shall be deemed City's approval of such public information. 6.2.20 Taaaina and Penalties. Pacific shall "tag" and collect (as trash, if necessary) inappropriate disposal by the end of the scheduled service day and shall provide City a monthly report of same. Pacific shall comply with and implement City's system for imposing penalties on Generators which violate applicable Municipal Code provisions. 6.2.21 Reports. Monthly, quarterly and annual reports shall be provided to the City Manager regarding Franchise operations. Monthly reports shall be provided on the 22nd day of each month for the prior month. Quarterly reports shall be provided on the 22nd day of the first month after each calendar year quarter for the prior quarter. Annual reports shall be provided by February 16 of the subsequent year. Unless otherwise agreed upon by the parties, the contents of the reports and their format shall be in substantially the form attached hereto as Exhibit F. City shall have the right to audit such records as necessary to verify operational performance. If the reports and records are found to have major discrepancies with Pacific's reports and/or the requirements of the Operational Plan, Pacific shall reimburse City for the costs directly related to the audit. City will not request such an audit without having provided Pacific with 20 working days to respond to a verification of Operational performance or the contents of a report. 6.2.22 Notice of Chanaes to Eauipment. Pacific shall notify City prior to entering into any contract for the purchase of any vehicle, or to changing the color or signage on same, and shall meet and confer with City in order to determine the appropriateness of same. 6.2.23 Industrial Roll-off Service. Pacific shall provide Roll-off Services and compactor equipment and personnel sufficient to meet the Solid Waste, Recycling and composting demands of local contractors, Industrial Collection shall be handled on an on-call basis in a manner mutually agreeable to Pacific and individual customers with the standard being the delivery of bins and/or Collection service by the end of the next "DOCNUM'" '6 Y-7:::3~ -23- - regular business day following a request for service, and same day service shall be available upon request. The level and cost of each service shall be as outlined in Exhibit G. 6.2.24 Clean Fuel Source. Pacific shall develop a pilot project for Collection vehicle replacement or conversion to a clean fuel service in cooperation with City within 1BO days which identifies Collection vehicles for conversion and provides that conversion will occur if City and Pacific can identify outside funding to pay for (a) the vehicle conversion, (b) incremental cost of new vehicles and (c) costs for a centrally located fueling station. Pacific or its Affiliate will promptly implement a program regarding the purchase of new clean fuel source (~, E-rated electricity, propane, natural gas, liquid natural gas, hydrogen fuel cell, CNG, etc. ) non-Collection support vehicles and on-site equipment using gasoline or diesel (such as fork lifts or generators) upon the replacement of such support vehicles and on-site equipment. Pacific will establish service with a California Green E Utility provider for its Chula Vista facilities. 6.2.25 Co-Minqlinq. Pacific shall not co-mingle Solid Waste, Yard Waste or Recyclables with Solid Waste of any kind from other jurisdictions. Pacific shall separately reflect in its reports Solid Waste or Recyclables collected from other franchises from the Solid Waste or Recyclables collected in the performance of this Franchise. pacific and City shall meet and confer regarding board scales or other such provisions that Pacific may recommend to accurately report the origin of such material. co-mingling shall be allowed only with prior City approval at City's sole discretion and is anticipated to apply to a limited number of routes where Commercial or Residential developments are divided by two or more jurisdictional boundaries. 6.2.26 No-Parkinq Siqns. City staff will submit for City Council consideration and staff shall support a program for the posting of signs prohibiting parking on streets during trash Collection days in new major development areas within the City. City staff, including but not limited to Recycling Rangers, shall support adherence to the program with public education and enforcement measures to be developed and implemented in City's sole discretion. 7. Rates for Collection and Other Services. 7.1 In General. In consideration of Pacific's provision of Solid Waste and Recycling services in accordance with the terms of this Franchise, Pacific shall be permitted to charge service fees ("Rates" ) to Generators, except for Generators that are exempt from Rates under this Franchise or under Applicable Law for which, Pacific has received prior written approval from City authorizing such exemption ("Ratepayers") . Notwithstanding the foregoing, in no event shall the Rates charged exceed the maximum Rates established by City under this Section 7 ("Maximum Rates") . "'DOCNUMA ~ '/1.-33 -24- 7.2 Initial Collection Rates. The initial Maximum Rates permitted to be charged by Pacific and paid by Ratepayers for Solid Waste and Recycling services provided by Pacific under this Franchise shall be those set forth on Exhibit G attached hereto and incorporated herein by this reference. The Maximum Rates set forth on Exhibit G shall remain in effect from the beginning of the Term until June 30, 2000. Thereafter, the Maximum Rates shall be subject to increase by Pacific in accordance with the terms of Section 7.3 hereof, below, 7.3 Pacific's Riqht to Increase Collection Rates. 7.3.1 Commencing on June 30, 2000, and upon each one year anniversary thereof for the remainder of the Term, the Maximum Rates (excluding any City imposed Franchise Fees, Household Hazardous Waste and AB 939 Fees and future allowable "pass throughs" under this Franchise) shall be increased on the following basis: a. Rates for Small Quantity Generators, Large Quantity Generators and Industrial/Roll-off ( "General Service Rates") shall be increased effective as of July 1, 1999 and each annual anniversary thereof through July 1, 2002 by an amount equal to the product of the previous year's Rate multiplied by fifty percent (50%) of the percentage increase in the San Diego Area Consumer Price Index for All Urban Consumers (all items) published by the United States Department of Labor, Bureau of Labor Statistics for the latest twelve-month period for which statistics are available ("Applicable CPI Increase") . For example, assume that the Maximum Rate for Small Quantity Generators as of June 30, 2000 was $13.20 per month, and the excluded City imposed fees were $1.20, and that the Applicable CPI Increase was two and five-tenths percent (2.5%) . For the twelve-month period commencing on July 1, 2000, Pacific would have the right to charge a Small Quantity Generator Service Rate of up to $13.37. The 2% increase in the Franchise Fees scheduled to go into effect on July 1, 2000 shall not be deducted from Maximum Rates for purposes of determining any CPI increase to the operational Rate component. In the event the Consumer Price Index referred to above shall no longer be published, then another similar generally recognized index shall be agreed upon by the parties. b. Commencing on July 1, 2003 and each annual anniversary thereafter during the term of this Franchise, Maximum Rates for General Service Rates shall increase in an amount not to exceed the product of the previous year's Rate multiplied by sixty-six and two-thirds percent (66.66%) of the Applicable CPI Increase. c. Notwithstanding the foregoing, at no time shall the Small Quantity Generator Rates exceed ninety percent (90%) of the average for the County of San Diego for the ....DOCNUM'" 'b -rA 31 -25- - same level of service (as published in the SANDAG semi-annual rate review, or in the event SANDAG no longer published such review, such independent surveyor surveys mutually agreed upon by City and Pacific, (all franchise cities in the County, with Pacific and City each at their option excluding one jurisdiction), after subtracting any Franchise Fees (except the 2% increase in the Franchise Fees scheduled to go into effect on July 1, 2000) , AB 939 Fees, Household Hazardous Waste Fees and any other pass throughs allowed under this Franchise, and after adding back any readily identifiable direct local subsidies ( n Adj usted Mean County Average n) . The limitations set forth in this subparagraph shall be applied only to determine whether Pacific is entitled to the CPI adjustment described above, and in no event shall Pacific be required to reduce Small Quantity Generator Rates. d. Beginning July 1, 2007 and at each four-year anniversary thereof throughout the term of this Franchise, Pacific shall be eligible for a market adjustment for its then applicable maximum General Service Rates, Commercial Mixed Paper Rates and Commercial Green Waste Rates. For all market adjustments in 2007 and 2011, the maximum market adjustments shall be up to ninety percent (90%) of the corresponding Adjusted Mean County Average for such Rates. Beginning July 1, 2015, the maximum market adjustments applicable to all Large Quantity Generator Service Rates (excluding three- yard bin or smaller/once per week service) shall be increased to ninety-five percent (95%) of the corresponding Mean County Average. Such market adjustments are intended to allow Pacific to make upward adjustments in its Rates. In no event shall this market adjustment provision require Pacific to reduce its Maximum Rates for any service level. 7.3.2 Pacific's right to increase a Rate as provided above is contingent upon Pacific providing written notice of a proposed increase including proposed Rates for all Generator classes of fees to City and all affected Ratepayers by no later than 45 days prior to the effective date of the proposed increase. At City's discretion, failure to comply with this notice requirement may by deemed to be a final decision by Pacific not to increase Rates for the upcoming year. Notwithstanding the foregoing, if Pacific does not elect to increase a Rate in any year, or does elect to increase a Rate, but not up to the allowable Maximum Rate for such year, the allowable Maximum Rate for such year shall become the base Rate for purposes of determining the allowable Maximum Rate for the ensuing year such that its unused capacity to increase Rates in any given year shall be carried forward to subsequent years. If Pacific elects not to increase service Rates up to the Maximum Rate allowable for any given year, upon City's request, Pacific agrees to meet and confer with City to discuss the expected timing and amounts of possible future imposition of Rate increases. 7.3.3 City agrees to work with Pacific to develop. a mutually agreeable Rate structure for Small Quantity Generator "DOCNUM" ~ :&.-3~26- - Solid Waste customers based on volumes of waste generated and automated service ("Variable Rate Structure"). The Variable Rate Structure shall, to the extent possible (i) establish new Rates that do not increase revenues above the then established corresponding revenue Rate base, (ii) give Pacific the benefit of operational efficiencies and (iii) give City the benefit of avoided disposal. City agrees to meet and confer with Pacific to develop operational and recycling performance milestones that could result in Pacific sharing the benefits of avoided disposal. The parties agree to exercise their best efforts to develop and present to the City Council such a Variable Rate Structure by no later than May 1, 2001, and sooner if possible. The final decision to implement a Variable Rate Structure shall be at the City Council's sole discretion. 7.3.4 Miscellaneous equipment rental and service Rates set forth as Miscellaneous Equipment and Service Rates in Exhibit G ("Miscellaneous Rates") shall be fixed until June 30, 2007; provided, however, that if City has been notified by the State that City has achieved the then in effect mandated diversion goal for any calendar year prior to July 1, 2007, Pacific shall receive an increase in Miscellaneous Rates for that year equal to 66.66% of the Applicable CPI Increase, effective as of the following July 1. Commencing July 1, 2007, Miscellaneous Rates shall automatically increase at the rate of 66.66% of the Applicable CPI Increase. Miscellaneous Rates shall include all Rates other than General Service Rates, storage container Rates and la-val lock Rates. 7.3.5 Pacific agrees to coordinate, whenever possible, the concurrent imposition of any pending Rate increase with any pending regulatory fee increases by City. 7.3.6 Whenever Franchise Fees and AB 939 Fees are to be subtracted or excluded for purposes of determining Maximum Rates under this Section 7,3, City agrees to meet and confer with Pacific with respect to the inclusion or exclusion of any other additional fees by any other Governmental Body for such calculations. 7.4 Senior and Other Preferred Rate Schedules. The City Council may, at any time, establish a program for preferential Rates for senior citizens or other classifications which are deemed to be in the public interest. Pacific shall have the right to pass through the cost of any decrease in Rates payable by senior citizens or other preferred Ratepayers under such program(s) to the remaining Ratepayers. 7.5 Intentionallv Deleted. 7.6 Most Favored Nation Rate. 7.6.1 Notwithstanding any provision in this section 7 to the contrary, in the event that, during the Term of this Franchise, Pacific, or any Affiliate thereof, agrees to a Rate or Rates for collecting, removing, transporting, Processing "DOCNUM'" 'Z "f9.:;:3t -27- and/or disposing solid Waste and Recyclables under a waste management franchise (or equivalent contract) within the County of San Diego which is/are lower than the Rate or Rates then in effect for the corresponding service(s) within the City, then Pacific shall immediately charge such lower Rate(s) to City Ratepayers. In addition, notwithstanding any provision in this section 7 to the contrary, in the event that any Solid Waste services Provider agrees to a Rate or Rates for collecting, Removing, transporting, Processing and/or disposing Solid Waste and Recyclables for Small Quantity Generators under a waste managemnt franchise or (equivalent contract) within the County of San Diego which is/are lower than the Rate or Rates then in effect for the corresponding service(s) within the City, then Pacific shall, effective as of the July 1, following such event, charge a lower Rate or Rates to City Small Quantity Generators. This provision shall operate such that at all time during the Term of this Franchise Small Quantity Generators have the lowest Rate or Rates charged under a franchise or (equivalent contract) for Solid Waste and Recycling services in San Diego County. For purposes of comparing City Rates with those offered in another franchise (or equivalent contract) within the County of San Diego, Franchise Fees, AB 939 Fees, Household Hazardous Waste Fees and any other pass throughs allowed under this Franchise shall first be subtracted and any readily identifiable direct local subsidies by other jurisdictions shall be added back so that no such amount shall be a component of the Rate comparison. 7.6.2 In the event that the lower Rate or Rates that formed the basis for downward adjustments in City Rates are subsequently increased in the other Franchised territories, Pacific shall have the right, after meeting and conferring with City to coordinate timing issues, to make a corresponding increase in the corresponding City Rate(s); provided, however, in no event shall such increased Rate exceed the maximum Rate that would have been chargeable pursuant to City's standard Rate structure as set forth in sections 7.1 and 7.2 hereof, calculated as if no initial downward adjustment in City Rates had been made. 7.7 Commercial Rates for Green Waste/Mixed Paper. Throughout the Term of this Franchise, Green Waste and Mixed Paper service charges to Commercial customers shall not exceed the Rates set forth in Exhibit G per pickup with respect to 3 to 8 yard Bins. When City achieves the fifty percent (50%) diversion rate goal stated in AB 939, Pacific may increase such Rates (i) in the year such goal is achieved in amounts not to exceed fifty percent (50%) of the difference between such Rates and the Mean County Average and (ii) the remaining fifty percent (50%) of such difference in the year thereafter. Thereafter these rates may increase in an amount not to exceed the product of the previous year's Rate multiplied by 66.66% of the Applicable CPI Increase. 7.8 Pacific's Reserved Riqht to Request Increases Based on Extraordinarv Circumstances. Notwithstanding the foregoing, Pacific may submit a request to the City Council for additional Rate relief at any time extraordinary expenses are incurred "'DOCNUM'" ~ ~ 31 -28- __n beyond Pacific's reasonable control. City Council reserves the right to approve or disapprove such a request in its sole discretion. 8. Recvclinq Services. 8.1 In General. Pacific agrees to provide all necessary labor, services, materials and equipment to implement Residential, Multi-family and Commercial Recycling services for Franchised Recyclables on the terms and conditions set forth below: 8.2 Collection. 8.2.1 Small Ouantitv Generators. Pacific shall collect and remove all Franchised Recyclables that are placed in a designated Recycling container at the curbside on public streets, from Small Quantity Generators. Pacific shall collect the Franchised Recyclables once each week, regardless of weather conditions. Collection will be on the same day of the week as the regularly scheduled trash Collection day. Pacific and City will mutually agree to any changes in Collection day. Pacific will notify Small Quantity Generators of any changes in the Collection day by distributing a flyer no later than two weeks prior to the affected day. Unless Pacific obtains City's prior written approval, Pacific shall not change the current method of source separated Collection at the curb for Small Quantity Generators for the following materials: (a) news print (ONP) , (b) mixed Residential paper (MRP) , (c) corrugated Cardboard (OCC) , (d) rigid containers, including glass, tin, bi-metal, steel, White Goods, Aluminum, plastic No. 1 and No. 2 plastics, motor oil and filters and metal coat hangers. 8.2.2 Multi-Familv Residential. Pacific shall convert all current Multi-family complexes of nine units or less to curbside Recycling Rates and services in accordance with the implementation schedule attached hereto as Exhibit H. All future Multi-family complexes of nine Units or less shall be served through curbside Recycling. Mixed Paper Recycling services shall be provided to Multi-family complexes of ten Units or more in accordance with the implementation schedule attached hereto as Exhibit H. Collection will be on regularly scheduled days as shall be arranged with the building property owner, manager or designated agent thereof, with service as needed, but no less than every two weeks. Pacific and City will mutually agree to any changes in Collection schedule frequencies or Removal Frequency. Pacific will notify the building property owner, manager or designated agent thereof, of any changes in Collection day(s) by written notification no later than two weeks prior to the affected day. Unless Pacific obtains City's prior written approval, Pacific shall not change the current method of source separated Collection at the designated Recycling area for Multifamily complexes of 10 or more Units for the following materials: (a) news print (ONP) , (b) mixed Residential paper (MRP) , (c) corrugated Cardboard (OCC) , (d) rigid containers, including glass, tin, bi-metal, steel, White Goods, Aluminum, "DOCNUM" ~ 79<3? -29- - plastic No. 1 and No. 2 plastics, motor oil and filters and metal coat hangers. 8.2.3 Commercial. Pacific shall continue to provide free rigid container Cart service for Hospitality and Retail businesses under 5,000 square feet, and free rigid container Bin service for Hospitality businesses of 5,000 square feet or greater selling beverages, upon request by such Generators or City. Pacific may subcontract the Recycling services provided under this section to a third party subject to City' s prior reasonable approval. Pacific and City shall meet and confer in order to establish reasonable terms and conditions for this service which both serve City's diversion obligations, and Pacific's interests in avoiding unauthorized use of the free service by non-qualified businesses. In addition, Pacific agrees to continue its Green Waste Recycling incentive program for all Commercial Green Waste Generators. 8.2,4 City-Wide. Pacific shall provide free Mixed Paper or rigid container drop-off Collection services at all Department of Conservation convenience zone locations in Chula Vista in accordance with the program attached hereto as Exhibit H· City and Pacific shall meet and confer regarding any changes to the program that may contribute to City's efforts to meet State-mandated recycling goals. 8.3 Vehicles. Design of Collection vehicles shall be done to limit the contamination and maximize the resale value of collected Franchised Recyclables. Any and all changes to the current method of Collection of Franchised Recyclables, as herein outlined, shall be approved by City in advance, including any changes in the way that the Franchised Recyclables are collected (separated and/or co-mingled) , design of vehicles, etc. The current method of Collection and source separation for curbside Recycling is three (3 ) separate compartments, one (1) each for (i) news print (ONP) , (ii) mixed Residential paper (MRP) and corrugated Cardboard (OCC) and (iii) rigid containers and metal coat hangers. The current method of Collection and source separation for Multi-family Recycling is two (2) separate compartments, one (1) each for (i) news print (ONP) , mixed Residential paper (MRP) and corrugated Cardboard (OCC) and (ii) rigid containers and hangers. These two methods of Collection and source separation shall no longer apply in the event Pacific and City mutually agree upon a co-mingled automated service program. 8.4 Containers. The type and cost of container to be used, or changes of container type shall be approved by City prior to purchase and distribution. Containers may include 32 to 96 gallon solid Waste Recycling and Yard Waste Carts, 18 to 24 gallon Recycling Boxes, 2 cubic yard Bins or 3 to 8 cubic yard Bins. Each container shall conform to the following: new plastic containers and/or lids shall contain a minimum of 25% post- consumer content recycled plastic; be fire resistant; be of durable quality and warranty; be heat stamped or labeled for commodity; be clearly labeled on the lids and the front facing of "DOCNUM" D y.J,-31-30- the Bin, in Spanish and English (with graphics) as to the Designated Recyclable(s) and "No Trash"; and be clearly labeled with Pacific's name and phone number. 8.4.1 Small Ouantitv Generator and Small Ouantitv Multi-familv Generator Curbside. Pacific shall purchase and distribute curbside Recycling containers to be used by each Small Quantity Generator and Small Quantity Multi-family Generator included in the program. Pacific shall retain ownership of the containers subject to City's right to purchase set forth in Section 6.2.3 hereof. Each dwelling eligible to participate in the program will receive one container. If Pacific determines that the volume of recyclable material exceeds the capacity of the one container, additional containers shall be provided at no cost to the Generator. Replacement of containers that are stolen and/or damaged shall be made at no cost to the Generator at Pacific's discretion. Pacific will be responsible for keeping records and making them available to City regarding additional containers requested, and the reason for the request, e.g. , damaged, stolen, needed to handle residence Recyclables beyond capacity of one container. 8.4.2 Larqe Ouantitv Multi-familv Generators. Appropriate container(s) shall be provided for use by each Large Quantity Multi-family Generator not provided Curbside Collection service for each Unit under Section 8.2.2., above. Such container(s) shall meet the space restraints and Collection needs of the respective complex and the residents therein. Each container shall conform to the following: slots in lids for placement of beverage containers (circular holes of appropriate sizes) and Newspaper/Mixed Paper (narrow slots of appropriate size). Pacific shall provide to each Large Quantity Multi-family Generator at least one exterior Recycling container per complex for co-mingled rigid Recyclables (Aluminum cans, Glass Bottles and Jars, #1 and #2 Plastic containers and Tin and Bi-metal Cans and any other Recyclables identified in the current "Waste Linesl! public education brochure, (except plastic #3 and #7 containers) and one exterior Recycling container for Newspapers and Mixed Paper or alternatively at least one, 2-cubic yard or one 3-8 cubic yard divided Bin that effectively separates co-mingled rigid Recyclables from Newspapers and Mixed Paper. To the extent possible, exterior Recycling containers shall be required to be placed adjacent to or near the Refuse Collection containers. 8.4.3 Yard Waste: Green Waste. Pacific shall purchase and distribute, or otherwise arrange for the distribution of Yard Waste container(s) as follows: - a. Small Ouantitv Generators. A container on wheels (approximately 64 to 96 gallons) to be used for the Collection of Yard Waste shall be offered to each eligible Small Quantity Generator for purchase or rent. Pacific shall distribute containers to all Small Quantity Generators requesting use of said containers. Pacific shall retain ownership of the containers unless the Small Quantity Generator pays in full for the container, as specified herein. This "DOCNUM" Z 'T9--J0 -31- - subsection (a) shall no longer apply in the event City and Pacific agree to automate Yard Waste Collection service. Should City move to Variable Rates, Pacific shall use the same replacement schedule set forth in Section 6.2.3 to reimburse the customer for purchased carts. b. Multi-Familv. An appropriate Yard Waste Collection and Storage container(s) shall be provided for use at each Multi-family complex that meets the space restraints and Collection needs of the respective complex and the residents therein. Unless Pacific obtains City's prior written approval, Pacific shall not change the current method of source separated Collection at Residential or Commercial locations for Green Waste. 8.5 Transportation of Materials. 8.5.1 In General. Except as provided below, Pacific shall transport collected Franchised Recyclables to a central Collection point for Processing and shall retain responsibility for the sale of such materials so as to yield the highest available market value for the material. No non-- contaminated Franchised Recyclables shall be landfilled, unless approved by City. Should market failure occur for one or more material types, only the City Manager (or designee) of City may decide not to collect the affected material. All written contracts, if any, with processors, recyclers or other buyers of Franchised Recyclables shall be submitted to City. 8.5.2 Yard Waste. In order to allow for the Yard Waste program to fully assist City in meeting its AB 939 obligations, City is interested in having the collected Yard Waste processed for compost or mulch (not bio-fuel) or alternative daily cover. To this end, Pacific shall transport all vehicle loads of the collected Green Waste materials to Organic Recycling West (ORW) or another compost facility permitted by the California Integrated Waste Management Board designated by City in its sole discretion. Pacific shall cooperate with City and ORW in developing and maintaining the current residential and commercial composting program. Pacific agrees not to oppose any Residential or Commercial composting program proposed by City and ORW for Chula Vista Generators and shall honor the terms and conditions of the ORW contract for the contract term and any extensions thereof. Additionally, Pacific will direct its staff to cooperate and be consistent with public education regarding the current City, Pacific and ORW program for the source separation, collection and composting of Green Waste versus ADC or other Green Waste diversion methods for Chula vista Generators. Should City choose to end its compost processing and marketing agreement with ORW or its successors, City agrees to provide Pacific with an opportunity to incorporate the program into their services prior to seeking an outside compost processing and marketing contractor. Small Quantity Generators within City may receive up to two (2) free Green Waste passes per "DDCNUM' 9 ~:// -32- .- year to ORW for a single vehicle no greater than one ton in capacity each. Each ton of Yard Waste brought to ORW by City crews or its subcontractors on City business shall be applied to the free 5% annual disposal limit described in Section 4.4.1. B.6 Sale of Materials. Pacific shall use its best efforts to sell Franchised Recyclables (excluding Yard Waste) for cash at the highest available market rates. The "Net Revenues" (defined below) from such sales based upon an "All Materials Annual Average" (defined below) shall be shared between Pacific and City in accordance with the following formula: a. Where the applicable All Materials Annual Average is equal to or less than sixty dollars ($60) per ton, Paéific shall retain one hundred percent (100%) of the Net Revenues. b. Where the applicable All Materials Annual Average is greater than sixty dollars ($60) per ton, and the California Integrated Waste Management Board ("CIWMB") has determined that City has not met the 50% diversion goal stated in AB 939, the amount of "Incremental Net Revenues" (defined below), derived from the portion of the All Material Annual Average above $60 per ton, shall be split forty percent (40%) of the Incremental Net Revenues to Pacific and sixty percent (60%) of the Incremental Net Revenues to City. c. Where the applicable All Materials Annual Average is greater than sixty dollars ($60) per ton, and the CIWMB has determined that City has met or exceeded the 50% diversion goal stated in AB 939, the amount of "Incremental Net Revenues" (defined below), derived from the portion of the All Material Annual Average above $60 per ton, shall be split sixty percent (60%) of the Incremental Net Revenues to Pacific and forty percent (40%) of the Incremental Net Revenues to City. For purposes of this section: "Net Revenues" shall mean all Gross Revenues accrued by Pacific over a relevant time period from sale of Franchised Recyclables (excluding Yard Waste, but including CRV and scrap value payments from each ton of material collected in the City), minus any amounts paid to third parties for Processing of sold Recyclables or as a broker's fee or commission. "Incremental Net Revenues" shall mean Net Revenues less the product of $60 multiplied by the number of tons of Franchised Recyclables (excluding Yard Waste) sold to generate such Net Revenues. "All Material Annual Average" shall mean the average price per ton (2,000 pounds U.S.) agreed to be paid to Pacific by purchasers of all Franchised Recyclables sold (excluding Yard Waste) over a relevant calendar year. Such amount shall be calculated by dividing the Net Revenues generated over the relevant calendar year by the number of tons of Franchised Recyclables sold (excluding Yard Waste) over that same period. Pacific shall pay any sums due to City under this Section B.6 no later than March 22nd of each year. --¡-.f:¿/ .2.. 'DOCNU!<^ c¡; - 3 3 - 8.7 Contamination. 8.7.1 Franchised Recyclables from a single Small Quantity, Large Quantity or Industrial Generator (as opposed to an entire vehicle load) that are contaminated due to the placement of Solid Waste in a designated Recycling container, or inclement weather that leaves the Franchised Recyclables unmarketable, may be placed in a designated landfill. Pacific shall retain a record of such occurrences and report said occurrences to City on a quarterly basis. Should contamination occur more than twice at a single Generator, said Generator shall be notified. Should contamination occur at a Generator site three or more times, the Small Quantity Generator shall be notified and charged pursuant to Section 6.2.20. Should contamination occur at a Large Quantity or Industrial Generator site the Generator shall be notified in advance and charged the disposal fee for dumping the contaminated Recyclables as Refuse at the Landfill. 8.7.2 Yard Waste, Wood Waste and pre-consumer food waste that is contaminated by plastic or non-organic material may from a specific Generator (as opposed to an entire vehicle load) be disposed of as Solid Waste. Pacific shall retain a record of such occurrences and report said occurrences to City on a monthly basis. Should contamination of Franchised Recyclables occur at a Generator site, Pacific shall "tag" such Generator and enforce City Municipal Code provisions in accordance with the procedures contained in Section 6.2.20 hereof. 8.8 Recyclinq Education. For each City fiscal year during the Term beginning in July 1999, Pacific shall pay City $69,000, payable on January 22, 2000 and every annual anniversary thereof, all of which funds City agrees to use for purposes of partially funding a Recycling public information and enforcement program ("Recycling Education Program") . The parties agree to meet and confer from time to time in order to assess the effectiveness of the Recycling Education Program, and, if necessary, to agree upon appropriate modifications thereto. City shall have lead responsibility for directing the development and implementation of the Recycling Education Program. City also agrees to take such steps as may be reasonably necessary to protect Franchised Recyclables placed at the curbside for Collection by Pacific under the terms of this Franchise and shall reasonably enforce the existing anti-Scavenging ordinance, as it may be amended from time to time by City. 8.9 Larqe Multi-Family Recyclinq Proqram Severable. The Small Quantity Generator curbside Recycling service, the large Multi-family Recycling service and the Small Quantity Generator Yard Waste Recycling service required hereunder are each subject to the performance standards and Franchise conditions detailed herein. For purposes of measuring satisfactory performance, and for enforcement purposes hereunder, Pacific agrees that its performance of the large Multi-family Recycling service will be considered severable from this Franchise, as further described in Section 8.10 below. "DOCNUM'" ~ ~ß -34- 8.10 Special Termination Provisions. It is the intent of City that the term for the provision of each of the Recycling services shall run concurrent with the Term of this Franchise. However, until the earlier of such time as (a) Pacific meets the applicable Minimum Performance Standards attached hereto as Exhibit H and incorporated herein by this reference or (b) City meets the diversion goal of fifty percent (50%) stated in AB 939, the large Multi-family Recycling program shall be subject to cancellation upon six months written notice from City. Once either Pacific achieves the Minimum Performance Standards or City meets the diversion goal of fifty percent (50%) stated in AB 939, the large Multi-family Recycling program shall no longer be severable or subject to cancellation separate from the termination of this Franchise. 8.11 Recvclinq Proqram Expansion. It is City's intention to develop a comprehensive Recycling program to reduce the amount of material being disposed of in the Landfills and to comply with the mandates of the California Integrated Waste Management Act of 1989 (AB 939) . Pacific agrees to use its best efforts to assist City in meeting such mandates by adding commodities to existing programs as resale markets are identified. Pacific also agrees to meet and confer with City to direct recovered materials futures to local manufacturers developing or improving long term markets at a comparable or greater net value. Contracts with non-Affiliates previously provided to and approved by City shall not be governed by this meet and confer obligation. However, Pacific shall meet with City to address such opportunities prior to renewing or entering into any new contract. Both parties hereby agree that City may not go out to bid for the expansion of this Recycling program until after City has met and conferred with Pacific with regard to its intent to do so. If separate amendments to this Franchise for Refuse Collection are not negotiated between City and Pacific as a result of such meet and confer process, City may go out to separate bid. 8.12 ADC Proqram. City shall not actively oppose Pacific's interest in pursuing increased diversion through the use of alternative daily cover outside of the City. Pacific shall accept non-compostable greens such as large Commercial loads of palm from Chula Vista Generators as ADC. "'DOCNUM" ~ Jr?::~ 9. Insurance and Performance Bond. 9.1 Pacific agrees, at Pacific's own expense, to carry comprehensive public liability and automobile liability insurance coverage during the full Term of this Franchise, with City also named as an additional insured thereunder, covering liability for bodily injuries, death and property damage, arising out of or in connection with the operations of Pacific, under this Franchise in an amount not less than $1,000,000 for injuries including death to anyone person and in an amount not less than $5,000,000 for anyone accident or occurrence, and property damage in an amount not less than $200,000. Pacific further agrees to carry, at Pacific's own expense, workers' compensation insurance in accordance with the laws of the State. All of said insurance policies, or certificates thereof, shall be deposited by Pacific with the City Manager together with endorsements or statements from the insuring companies providing that such policies will not be subject to cancellation, modification or reduction of the limits of the policy until ninety (90) days after written notice to City by registered or certified mail. Such policies shall guarantee payment of any final judgment rendered against Pacific or City within the coverage provided, irrespective of the financial condition of, or any acts or omission of, Pacific. All of said policies shall be subject to the approval of the City attorney. 9.2 Pacific shall secure and deliver to the City Manager a twelve (12) month performance bond in the amount of $1,000,000 to secure the full, true and faithful performance of all their terms, obligations and conditions of this Franchise on the part of Pacific. Pacific shall present said bond together with a certificate from the surety showing payment in full for such bond, to the City Manager prior to the commencement of operations pursuant hereto and provide a one-year renewal and certificate of payment prior to the start of each year of this Franchise. 9.3 In the event of the termination or cancellation of the insurance or bond required hereunder or the failure of Pacific to provide the insurance and/or bond as hereinabove provided, prior to the effective date of such cancellation or termination, this Franchise may be suspended or terminated forthwith by City, by written notice thereof to Pacific. Any such suspension shall be for such period or periods as the City Manager from time to time may determine. No liability or obligation shall be incurred by City in favor of Pacific by virtue of any such notice or notices or from any such suspension or termination. In the event of such suspension or termination by City upon the failure of Pacific to secure and maintain on file said insurance and/or bond during the full term of this Franchise, Pacific shall be liable for any and all damages suffered by City arising out of such suspension or termination. 10. Hold Harmless. Pacific shall indemnify, save and hold harmless, City and any elected representatives, officers, employees, agents and volunteers thereof ("City Indemnified "DDCNUM" 2S /"'9::- ~/'- 3 6- Parties" ) against and from all damages, including bodily injury and property damages, losses, liabilities, demands, claims, remediation obligations, judgments, decrees, costs (including court costs and reasonable attorneys' fees) and expenditures (collectively, "Losses") which such City Indemnified Party may suffer, or which may be recovered from, or obtainable against such City Indemnified Party for, or by reason of, or growing out of or resulting from City's grant or the exercising by Pacific of any or all of the rights or privileges granted hereby, or by reason of any act(s) or omissions of Pacific or its servants or agents in exercising this Franchise granted hereby, and Pacific shall defend with counsel reasonably acceptable to City any suit that may be instituted against any City Indemnified Party by reason of or growing out of or resulting from City's grant or the exercise by Pacific of any or all of the rights or privileges granted hereby, or by reason of any act or acts of Pacific, or its servants or agents, in exercising the Franchise granted hereby. Without limiting the generality of the foregoing, Pacific shall defend, indemnify, save and hold harmless any City Indemnified Parties from and against all Losses which such City Indemnified Parties may suffer, or which may be recovered from, or obtainable against such City Indemnified Parties, resulting from any repair, cleanup or detoxification, or preparation and implementation of any Removal, remedial, response, closure or other plan or replacement or restoration of natural resources (regardless of whether undertaken due to governmental action) at any Landfill at which Pacific (including its predecessor-in- interest and its successors-in-interest) disposed of Solid Waste collected from City Generators, or activities of Pacific or its Affiliates which result in a release or threatened release of hazardous materials into the environment in or around the City or at any Landfill. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107{e) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) , 42 USC, Section 9607(e), and California Health and Safety Code 25364, to defend, protect, hold harmless and indemnify the City Indemnified Parties from liability. The provisions of this Section 10 shall survive the end of the term or termination of this Franchise. 11. Remedies for Default Resolution of Dispute. 11.1 Defaults. The occurrence of anyone or more of the following events shall constitute a material default and breach of this Franchise by Pacific: 11.1.1 Pacific's failure to make any payment of the Franchise Fee or any other sum due under this Franchise, as and when due, where such failure shall continue for a period of ten (10) days after written notice from City that such amount was not paid on the date such payments is due; 11.1.2 Pacific's failure to observe or perform any of the material covenants, conditions or provisions of this Franchise to be observed or performed by Pacific (other than a monetary default as described in Subsection 11.1.1, above, a "'DOCNUMA ~ ~~ -37- - minor default as described in Section 11.2.1, below, or where such failure is excused by an uncontrollable Circumstance as described in Section 13.9 below}, where such failure shall continue for a period of thirty (30) days after delivery of written notice thereof from City to Pacific; provided, however, if the nature of such default reasonably requires more than thirty (3O) days to cure, then Pacific shall not be in default in the event that Pacific shall commence cure of such breach within the foregoing thirty day period and diligently prosecute such cure to completion; or 11. 1. 3 Pacific files for bankruptcy protection, or is placed involuntarily into bankruptcy, control of a material portion of its assets thereof is assumed by a receiver or trustee or assigned for the benefit of its creditors, and such proceeding or condition is not dismissed or vacated within thirty (3O) days of its commencement; or 11. 1. 4 Pacific's excessive commission of minor defaults as more specifically described in Section 11.2.1(b}, below. 11.2 Remedies Upon Pacific's Default. Upon the occurrence of any event of default by Pacific, City shall have any and all remedies available to City at law or in equity. Without limiting the generality of the foregoing, City shall have the following remedies: 11.2.1 Liauidated Damaqes. a. City may assess liquidated damages against Pacific for unsatisfactory performance under the terms and conditions of this Franchise (except where such failure is excused by an Uncontrollable Circumstance as described in Section 13.9 below). A description of the actions or omission which will result in damages and the monetary amount of damages corresponding thereto is attached hereto as Exhibit B. City will provide Pacific with five (S) days written notice of any proposed assessment. Pacific will have the right to appeal City's assessment to the City Manager in accordance with the dispute resolution procedures set forth in Exhibit B hereof. b. Notwithstanding the foregoing, if more than 200 individual penalties. or fifteen thousand dollars ($lS,OOO) in aggregated damages assessed under this Section 11.2.1 (excluding those late fees and interest amounts determined as a percentage of delinquent amounts due and payable to City hereunder) are imposed with respect to any calendar quarter, Pacific shall be in material default under this Franchise and City shall be entitled to pursue any and all additional remedies provided hereunder, including termination of this Franchise, but without the obligation to provide Pacific with an opportunity to cure. 11.2.2 Termination. If Pacific shall fail, neglect or refuse to comply with any of the material conditions of this "DOCNUM" 'b - / '7 7"1 ./ ./ -38- - ------------ Franchise (other than where such failure is excused by an Uncontrollable Circumstance as described in Section 13.9), and if . such failure, neglect or refusal shall continue for more than thirty (30) days after written demand by the City Manager for compliance therewith (subject to extension as described in Section 11.1.2), then City, by the City Council, in addition to all rights and remedies allowed by law, thereupon may terminate the right, privilege and Franchise granted hereby, and all the rights, privileges and this Franchise of Pacific granted hereby shall thereupon be at an end. Thereupon and immediately, Pacific shall surrender all rights and privileges in and to this Franchise granted hereby. This Franchise is also subject to termination by City in the event that Pacific fails to obtain City Council approval for a change in ownership of its operating company in accordance with Chula Vista municipal Code Section 8.23.080. 11.2.3 Self Help. In the event Pacific fails, refuses, or neglects to collect and dispose of Solid Waste or Franchised Recyclables set out or placed for Collection at the time and in the manner herein required (after delivery of notice by City of City's intention to exercise its rights under this Section 11. 2 .3) , City may collect and dispose of the same or cause the same to be collected and disposed of and Pacific shall be liable for all expenses incurred in connection therewith. Such remedy of City shall be cumulative and in addition to any and all other remedies it may have in the event of such failure, refusal or neglect of Pacific. The Collection, Processing and disposal of Solid Waste or Franchised Recyclables by City or by others as aforesaid shall not be deemed an election of remedies which shall preclude City from availing itself of additional remedies for Pacific's breach of contract. 11.2.4 Remedies Cumulative. No provision herein made for the purpose of securing the enforcement of the terms and conditions of this Franchise granted hereby shall be deemed an exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and conditions, but the remedies and procedure outlined herein or provided, including forfeiture, shall be deemed to be cumulative. 11.3 Citv's Default. City shall be in default of its obligations hereunder as a result of a breach by City of any material obligation required to be performed by it hereunder (other than where such failure is excused by an Uncontrollable Circumstance as described in Section 13.9) if City fails to cure such default within thirty days after the receipt of written notice from Pacific specifying such default; provided, however, if the nature of City's default is curable, but more than thirty days are required therefor, City shall not be in default so long as it has commenced performance of such cure within said thirty day period and thereafter diligently pursues the same to completion. Upon any default by City hereunder, Pacific shall be entitled to pursue any and all rights provided at law or in equity. Notwithstanding the foregoing, City shall not be in default under this Agreement for any act or omission by City "'DOCNUM" ~ / J>-7'-r-39- where City is required by law to exercise independent legislative quasi-judicial, judicial or administrative discretion. 11.4 No Waiver of Remedies. The failure of either party at any time to require performance by the other of a provision hereof, shall in no way affect the right of such party entitled to performance to enforce the same thereafter. Nor shall the waiver of either party of any breach of any provisions hereof be construed to be a waiver of such provisions or of any succeeding breach thereof. 11. 5 Administrative Review of Disputes. Prior to commencing litigation, a party shall first give the other party written notice of any dispute with respect to this Franchise. Such notice shall specify a date and location for a meeting of the parties hereto at which such parties shall attempt to resolve such dispute, and the name of a mediator selected by such party to mediate the meeting. City shall keep a record of the proceedings conducted and information presented during such meeting. The cost of such resolution shall be divided and paid equally by the parties. In the event that such dispute cannot be resolved by the parties hereto within thirty (30) days, the matter may be referred by mutual agreement of the parties to non-binding arbitration, or by either party to legal proceedings. Neither party may act to terminate this Franchise for cause except at the conclusion of the meeting of the parties held pursuant to this Section 11.5, or in the event the parties have referred the dispute to arbitration, at the conclusion of the arbitration. 12. Renewal. This Franchise may be renewed pursuant to Municipal Code Section 8.23.060 which provides as follows: Where a contract or Franchise has been entered into between the City and an operator and the operator has satisfactorily performed under such contract or Franchise, the City Council, without inviting bids or proposals therefor, may, either prior to or after the expiration of such contract, extend or renew the same upon the same conditions or such other conditions as the City Council may provide. The City Council shall, however, whether considering a contract or a Franchise follows the procedures established by Article XII of the Charter for notice and hearing. Notwithstanding the foregoing, Pacific acknowledges and agrees that Pacific has no right whatsoever to require City to renew or extend this Franchise, and City retains the right, in its sole discretion to decide to renew or extend this Franchise, or not to renew or extend this Franchise. 13 . General Provisions. 13.1 Authoritv. Each party represents that it has full right, power and authority to execute this Franchise and to "DOCNUM" ~ /"'9:=-iJ-40- perform its obligations hereunder, without the need for any further action under its governing instruments, and that the parties executing this Franchise on behalf of such party are duly authorized agents with authority to do so. 13.2 Assiqnment. Except as expressly provided herein, neither this Franchise, nor any rights or interest herein, shall be assigned by either party. City's prior consent shall be subject to the terms and conditions of City Charter 01203. Any attempted assignment in violation of this section shall be void and shall constitute a material default entitling the other party to terminate this Franchise. In addition, both parties agree to comply with any and all provision contained in the Municipal Code governing the change of ownership of Pacific or the transfer of this Franchise. 13.3 Counterparts. This Franchise may be executed in multiple copies, each of which shall be deemed an original, but all of which shall constitute one agreement after each party has signed such a counterpart. 13 .4 Entire Aqreement. This Franchise, together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire agreement between the parties with respect to the subject matter contained herein. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 13.5 Exhibits. All exhibits referred to herein are attached hereto and incorporated herein by this reference. 13.6 Governinq Law. This Franchise shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California. 13.7 Notice. Any notice that may be given to either party under or with respect to this Franchise shall be deemed to have been given when delivered personally or when sent by registered or certified mail, postage prepaid, addressed as follows: PACIFIC: Allied Waste North America, Inc. dba Pacific Waste Services 881 Energy Way Chula Vista, CA 91911 Attn: Rick Berlin, General Market Manager 'b )'<k5ö '"DOCNtJMA -41- -. with a copy to: Allied Waste North America, Inc. 7297 Ronson Road, Suite G San Diego, CA 92111 Attn: James T. Ambroso, District Manager with a copy to: Patrick C. Shea, Esq. Pillsbury Madison & Sutro LLP 101 West Broadway, Suite 1800 San Diego, CA 92101-3302 CITY: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Manager with a copy to: City Attorney 13.8 Successors. Subject to the restrictions on assignment and change of ownership contained herein, all terms of this Franchise shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, legal representatives, successors, and assigns. 13.9 Uncontrollable CircumstancesUncontrollable CircumstancesUncontrollable Circumstances. Except as otherwise specifically provided in this Franchise, neither Pacific nor City shall be in breach of this Franchise for any temporary failure or delay in the performance of any obligation under this Franchise (other than any payment at the time due and owing) to the extent such failure or delay is due to the occurrence of an Uncontrollable Circumstance; provided, however, the party experiencing an Uncontrollable Circumstance shall not be in breach only if such party complies with the requirements in this Section 13.9. The party experiencing an Uncontrollable Circumstance shall notify the other party by telecommunication or telephone and in writing ("Notice immediately after the party experiencing such Uncontrollable Circumstance first learns of the commencement thereof, followed within forty-eight hours by a written description of (1) the Uncontrollable Circumstance and the cause thereof (to the extent known) and (2) the date the Uncontrollable Circumstance began and the cause thereof, its estimated duration, the estimated time during which the performance of such party's obligations hereunder will be delayed. Each party shall provide prompt written notice of the cessation of such Uncontrollable Circumstance. A party's obligations hereunder shall be delayed commencing at the date of Notice time for only so long as the Uncontrollable Circumstance continues and prevents full compliance with Franchise "DOCNUM" ~ -/ 1~S/ -42- -.. obligations. Whenever such act, event or condition shall occur, the party claiming to be adversely affected thereby shall (a) use its best efforts to eliminate the cause therefor, (b) minimize the adverse impacts caused thereby, and (c) shall take all necessary and appropriate actions, including, if necessary, bringing in labor and equipment from unaffected areas to resume full performance under this Franchise as quickly as possible. 13.10 Other Governmental Bodies. In the event any value paid to City under this Franchise is to be shared with or otherwise paid over to any other Governmental Body, City shall be solely responsible for transferring such value to such Governmental Body, without any indemnification or any other reimbursement from Pacific or its Affiliates under this Franchise. [Next Page Is Signature Page] Y-7- - 5,:z 'DOCNUM" ~ -43- [SIGNATURE PAGE TO SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT BETWEEN CITY OF CHULA VISTA AND ALLIED WASTE NORTH AMERICA DBA PACIFIC WASTE SYSTEMS] IN WITNESS WHEREOF, Pacific and City have entered into this Franchise Agreement effective as of the date first written above. CITY: PACIFIC: City of Chula Vista, Allied Waste North America, a municipal corporation Inc. , a Delaware corporation dba Pacific Waste Services By:_ Shirley Horton, Mayor By:_ Attest: City Clerk [Print Name and Title] By:_ James T. Ambroso Approved as to form by Its: District Manager - City Attorney C:allied:alliedfin-clean.doc ~ 71<53 "POCNUM" -44 - - EXIBIT A City of Chula Vista ANNUAL PAYMENT SCHEDULE Beginning July 1 $636,540.00 2 $655,636.20 3 $675,305.29 4 $695,564.44 5 $716,431.38 6 $737,924.32 7 $760,062.05 8 $782,863.91 9 $806,349.83 10 $830,540.32 11 $855,456.53 12 $881,120.23 13 $907,553.83 14 $934,780.45 15 $962,823.86 ]6 $991,708.58 17 $1,021,459.84 18 $1,052,103.63 19 $1,083,666.74 20 $1,116,176.74 21 $1,149,662.05 22 $1,184,151.91 23 $1,219,676.46 24 $1,256,266.76 25 $1,293,954.76 26 $1,332,773.40 27 $1,372,756.61 28 $1,413,939.30 TOTAL $27,327,249.42 7!--.1:7/ D .-. . EXHIBIT B I Enforcement Summary I The parties agree that calculating damages caused by Pacific's failure to adhere to performance standards is difficult if not impossible to ascertain. Consequently, the parties agree that the following liquidated damages schedule shall reflect liquidated damages that shall be payable to City in accordance with the terms hereof, and Section 11.2 of the Franchise. # Unsatisfactory Penalty Service Indicator Description Amount 1 Missed Pick Up Failure To Collect Missed Pick-Up By The End Of The Next $15.00 Response Time Business Day After The City Notification. [Section 6.29] Each Additional Business Day After Receiving Notification $25.00 From City. 2 Failure To Respond Failure To Make A Good Faith Effort To Resolve Customer $15.00 [Section 6.2.16] Request By Next Business Day. 3 Improper Imposition Franchisee Charges For A Special Service Not Included In $500.00 Of Special Service Exhibit F Or By Prior City Written Approval. [Section 2] 4 Spillage Or Litter Failure To Make A Good Faith Effort To Clean Up Spillage $15.00 [Section 6.2.13] Or Litter Within 90 Minutes After Notification By The City Or Customer. 5 Processing Claim Failure To Respond In Writing To A Damage Claim Within $100.00 For Damages 30 Days Of Receipt And Initiate A Process To Resolve. 6 Remitting City Fees Failure To Remit City Fees By The 22"0 Of The Month. 1 Yz% of the [Section 4.1.2] Amount of Late Payment 7 Providing Reports Penalty Assessed For Not Providing All Reports By The $100.00 [Section 6.2.20] 22"d Of The Month. Recycling Revenue Reported Will Always Be 60 Days In Arrears. Each Additional Day Late: $15.00 8 Billing Problems Failure To Resolve A Billing Complaint Within 50% Of The $25.00 [Section 6.2.16] Billing Cycle Time Period. Each Additional Day Problem Not Resolved. $5.00 9 Container Supply Failure To Repair Or Replace Inoperable Containers/Bins $25.00 [Section 6.2.3] Within Fourteen Working Days Of Request. Each Additional Day Problem Not Resolved. $5.00 10 Unauthorized Contractor Operating During Hours Not Previously $100.00 Operating Hours Authorized By City [Section 6.2.1] 11 Sub-Contractor Failure To Deliver Material To ORW Or Other City Provisions Approved Sub-Contractor For Yard Waste, By End Of Their Scheduled Working Day On the Same Day As Collection, $100.00 Or If Not Reasonably Possible By The Following Business Day: Per Vehicle Load: Z /-0-:;-;;- - 12 Tagging Materials Failure To Tag Or Otherwise Collect On The Same Day [Section 6.2.19] And Properly Dispose Of Contaminated Or Improperly Set $15.00 Out Materials. 13 Equipment Equipment Not Maintained To Franchise Standards. $25.00 Maintenance [Section 6.2.12] 14 " Excessive If Total Residuals From Curbside Recycling Program Contamination Exceed 2% And/Or Multi-Family Recycling Program Exceed 4% Of Total Material Collected In A Quarterly $250.00 Allocation Study Plus Incremental Residual Disposal Cost For Quarter. 15 Improper Disposal When Materials Collection From Source Separated [Section 6.2.14] Program Intended For Diversion Are Disposed Of At A Landfill Or Transformation Facility Without Prior City Approval. Up To First Ton: $50.00 Every Ton Or Part Of A Ton Thereafter: $50.00 16 Excessive Violations Damages Amount Increase When Contractor Has Received A Penalty For A Particular Service Indicator More Than 15 Times Per Quarter. After 15 Violations In A 15% per Category, The Damages Amount Will Increase By An quarter Additional 25% For Each 5 Additional Penalties. "Footnote to Box #14: The City agrees to meet and confer with Pacific Waste Services to review cause due to activity in the field, such as proposed services/automation 1. Cross References. Where an unsatisfactory service indicator includes a cross-reference to a Section of the Franchise, any additional or inconsistent performance standards set forth in this Schedule shall govem. 2. Followino Dav Oblioations. In each case where a cure for unsatisfactory performance can be rendered within a specified time period, if the expiration of such time period falls on a non-business day, Pacific's right to cure shall be extended until the following business day. 3. Penalties for Additional Davs in Breach: Minor Violations. Pacific may obtain relief from "Each Additional Day Late" damages by providing notice to City of the problem and by diligently proceeding to cure the problem as quickly as possible, subject to City's approval. The City will not unreasonably withhold a request for additional time to cure. In addition, minor occasional violations with advance notice from Pacific and prompt cure may be excused at the discretion of the City Manager. 4. Rioht to Appeal. Pacific will have the right to appeal any City Assessment to the City Manager. 5. Sinole Assessment. Where a single operational failure may potentially constitute multiple violations, such failure will constitute only a single violation, subject to only one penalty. ~ ì%s-? EXHIBIT C Construction Demolition Guidelines The fees, vehicles and safety equipment used for collecting standard household waste are not designed to handle large quantities of construction or landscape debris. When building, remodeling or re-Iandscaping homeowners shall be encouraged by City and Pacific to reuse materials on site whenever possible. When homeowners cannot reuse the materials on site they should contact Pacific Waste Systems to request an appropriately sized demolition Recycling or waste bin. Small Quantity Generators may also haul the waste to an appropriate recycler or landfill themselves. Construction and demolition debris is not considered standard Residential waste. Household waste service is not an acceptable means of disposing of landscape or demolition debris in excess of 200 pounds. When disposing of small quantities of demolition or landscape debris please observe the following guidelines: 0 A small quantity of rock, bricks, dirt, wood or other demolition debris that is generated as an incidental part of regular home occupancy will be collected as long as the driver believes it is safe for him and the equipment to do so, 0 The material must be free of protruding nails, glass or sharp objects, 0 The demolition debris must be less than 10% of the total waste being collected and the Pacific Collection personnel makes the final determination regarding the 10% limit, 0 Standard, manual trash containers must weigh less than 60 pounds when collected and an automated container must weigh less than 250 pounds (or the maximum weight identified on the container by manufacturer) when collected, 0 wood must be free of nails, glass or sharp objects and cut into four foot lengths or less and placed into a waste receptacle or tied into bundles weighing less than 35 pounds each, 0 Non painted or treated wood should also be free of nails or sharp objects and should be bundled and placed as Yard Waste not trash. 0 When quoting a demolition Roll-off or bin for concrete/asphalt, clean dirt and wood the customer shall be instructed to keep the items separate from each other and regular Garbage so it may be recycled not land filled. 0 Pacific shall sponsor the "Free Landfill Passes" program. "'DOCNUMA '2 ~6--? - EXHIBIT D Free Bulkv pick-Uo Policv Small Ouantitv Generators The program is intended to provide Small Quantity Generators with free Collection service for bulky items generated from the "standard" Residential use of a single family dwelling. The "standard" is based on the number, frequency and type of items generated. Items that do not meet that standard may be subject to additional fees. 0 Free service includes up to one free service stop per week for non-hazardous, non-infectious household bulky items such as a sofa, chair, mattress, lawn furniture, barbecue, or appliance than can be easily and safely moved by hand or hand truck. Free bulky service does not include items brought from another location or generated from a business such as an auto mechanic or upholstery business conducted at home, Such items will be subject to a fee of up to $3 per item or $25 per half hour. 0 Collection of more than 10 household bulky items in any week, or 60 items in any 90 day period may be subject to a surcharge of up to $3 per item or $25 per half hour charge. 0 Pacific shall provide service on an on call basis, with 48 hours notice from the customer on the next regular Residential trash service day for that residence. 0 Whenever possible, the customer should dismantle or break down items so they may be easily and safely collected. Each items shall weigh less than 60 pounds if they need to be removed by hand. 0 Items over 60 pounds shall be prepared by residents so they can be safely collected on a hand truck. Collection of items that cannot be safely collected with a hand truck may be subject to a fee of up to $25 per half hour or may be tagged with an explanation and left. 0 Collection on any day other than the standard Refuse and Recycling day is subject to an initial service charge of up to $25 for up to the first five items and up to $3 for every additional item. 0 Loose construction demolition, Yard Waste and other items are not considered bulky items and should be properly recycled or disposed of at a permitted drop-off facility or the customer may subscribe to temporary Roll-off Box/Bin Collection service as appropriate. 0 Pacific shall sponsor the "Free Landfill Passes" program described in Exhibit D-l attached hereto. ^DOCNUM" r¡ '7ks;j- - 0 Small Quantity Generators shall be eligible for two (2) Free ORW Service Passes per year. The pass is limited to one standard truck load of material. This tonnage does not count against City's 5% annual free tonnage allowance. ~ "DOCNUM'" -2-'M- !J;1 - Free Bulky pick-Up Policy Larqe Ouantity Multi-Family Generators D The free program is intended to collect only those items generated from the dwelling Units as a part of normal Residential use. D Pacific shall proyide up to one free service stop per month for non-hazardous, non-infectious materials such as a sofa, chair, mattress, lawn furniture, barbecue, or appliances that can be easily and safely moved by hand or hand truck. Free Collection does not include construction & demolition debris. D Free Service is to be provided on an on call basis, with 48 hours notice from the customer. D Collection to be performed on the same day as Residential Trash for their service area. D Items shall be dismantled or broken down so they may be easily collected and loaded. Items shall weigh less than 60 pounds if they need to be removed by hand. Items over 60 pounds shall be prepared by residents so they can be collected on a hand truck. Example: carpet shall be cut into four foot widths, rolled into sections weighing under 55 pounds and secured with twine or packing tape so that it can also be moved by a hand truck. D All items for one complex must be ready for Collection at one time and at one location in the complex that is accessible to the Pacific bulky Collection vehicle. Location to be established at the time of 48-hour notice. D Free Collection is limited to up to 5 items for every ten Units in the complex. (ie, a building with 11 Units gets up to 10 items a building of 21 Units gets up to 15 items) . D Collection of more than the standard number of items will result in a charge of up to $3 per item. Additional items that are not collectible by hand-truck will be subject to a $25 per half-hour charge. D Collection on any day other than the standard day may include a service charge of up to $25 for up to the first five items and up to $3 for every additional item. D Loose construction/demolition, Yard Waste and other items are not considered bulky items and should be properly recycled or disposed of at a permitted drop-off facility (see demolition guide) or the customer may subscribe to temporary Roll-off Box/Bin Collection service with Pacific as appropriate. -3~~¿ c1 "DOCNUM'" .- EXHIBIT E Proposed Set Out Fines First Contact - Generator to be tagged and served. Item (s) should be collected either as a recyclable, bulky item or trash on the same day as regular service unless the Collection of items would be hazardous to Pacific personnel or equipment or their Collection is specifically prohibited by federal, State or local law. The tag should identify the specific violation (Pacific) shall preserve the stub demonstrating proof of notice for three (3) years). Information on trash, Recycling, Yard Waste or bulky Collection shall be left with tag to instruct customer on future set outs. Second Contact - Generator receives a tag only (preferably marked 2nd request) Third Contact - Generator receives a tag (preferably marked 3rd request). Information is forwarded to City. City shall then send a letter and instruction regarding violation and warning of fine to customers and fax a list of addresses notified to Pacific. Pacific shall continue to tag address if necessary and forward information to City. Fines - A first fine may follow no sooner than 15 days after notice from City. The first fine shall be up to $3 per applicable service. A second fine shall be up to $5 per applicable service. A third fine and each fine thereafter shall be up to $10 per applicable service. Substantiated fines are part of the regular Refuse fee and are subject to collection in the same manner. "DOCNUM" s> ~b/ .- EXHIBIT F General Reportinq Reauirements Quarterly and annual reports shall include a cumulative and up to date accounting of the monthly report form included in this Exhibit F. They shall also include the market price received for each commodity in the Quarterly and Annual Reports (quarterly average is acceptable). The weight receipts and market value for material at the time sold shall be available for inspection by City upon request under the provisions outlined in Section 4.1.3 regarding right to audit. Pacific shall not be expected to include actual revenues for the most recent month in the monthly reports however they shall make a good faith effort to include them in the quarterly reports. Pacific shall update actual revenue no later than the first monthly report due date or the 22nd day following the end of the quarter. The Quarterly and Annual Reports shall also include a summary of customer service inquiries taken by Pacific Customer Service Staff for Chula Vista. The report shall include an outline of any future operational or customer service adjustments that may be necessary to reduce or eliminate the general type of service inquiry or complaint in the future. Additionally, the annual report shall include recommendations for future changes in Collection or customer service operations that may contribute to an increase in the potential diversion of recyclable or reusable material from landfill disposal. Finally, the monthly, quarterly and annual reports shall also include any additional information necessary to meet State and/or Federal mandated reporting requirements that apply to Pacific's or their sub-contractor's Collection, Processing and or disposal of material under the franchise agreement. "DDmuM" 2S 7-f&¿ ~ PROPOSED RATE SCHEDULE 0It1LA VISTA :FRANCHISE EXlHRIT G MAXIMUM RATES GENERAL SERVICE RATES SERVICE TYPE: .... .... CPI NEW FRANC AD", I", A. SMALL QUANTITY GENERATOR: RATES OPS 1""" OPS '" '" RATES RESlDENTIAL-8INGLEUNIT TRASHlRECYCLINGlYARD WASTE 13.20 12.00 0.15 12.15 0.'" 0.24 lJ.37 RESlDI:NTIAL~SENIOR TRASIIfRECYCLINGlYARD WASTE 7.21 6.61 0." 6.69 0.'" 0.13 7.... RESIDENTIAL MULTI-FAMILY UP TO AND INCLUDING.. UNITS ¡UNIT 13.20 12.00 0.15 12.15 0.97 0.2-4 13.37 ADDmONAL UNlI'STO 4UNrrS MAX 10.17 9" 0.12 9.36 0.15 0.19 10.30 MOBILE HOME PARKS + MOTELS MOOMUM PER MONTH :U... 21.41 D." 22.69 1.82 045 :U... (CENTRAL LOCATION) TRAILER PARKS PER UNIT ONE COU.ECI1ON WEEKLY 10.17 9" 0.12 9.36 0.75 0.19 10-'" (INDMDUALCAN SERVICE) COMMERCIAL /lNDUSTlUALSMALL GENERATOR (UP TO 2·...GAL CONTAINERS) ONE 11ME WEEKLY ON RESl SERVICE WIIHTRASH ONLY 1~" 10.95 0.14 11.08 0.89 022 11.1' ONE TIME WEEKLY ON RESI SERVICE WITH1RASHAND BLUE BOX RECYCLE 11.52 11.38 0.14 11.S2 0.92 0.23 1~" ONE TIME WEEX!.Y ON RESI SERVICE WIIHTRASHAND YARD WASTE un 12.61 0.16 12.77 1.02 0.26 ..... ONETIME WEEK!. Y ON RESt SERVICE WITH TR.ASWR.ECYCLE!YD WASTE U.J5 13.05 0.16 13.21 I." 0.26 ...53 ONEl1MEWEEKLYwrmTRASH ONLY IUS 11.95 0.15 12.10 0.97 0.24 13.31 1W011MES WEEK!. YwmI TRASH ONLY 23.'1 21.47 0.21 21.74 1.74 0.43 2331 TIiREE l1M£SWEEKLYwmInASH ONLY 3"" 31.68 0.<0 32.08 2.51 0.64 35.2. NON REGULAR SCHEDULED PICXUP -COMMERCIAL HAND PICKUP 10.00 9.09 0.11 9.20 0.14 0.18 10.13 B. LARGE QUANTITY GENERATORS: COMMERCIAL f INDUSTRIAL LARGE GENERATOR: I X 2YD X IIWK BASIC SERVICE 70.65 64.23 0.80 65.03 5.20 130 71.53 1 X 2YD X IIWKEXPANDED SERVICE 10.90 13.55 0.92 74.46 ,... 1.49 8131 1 X 3YD X I/WK BASIC SERVICE 76." 69.81 0.87 70.68 5.65 1.41 71.75 1 X 3YD X IIWK EXPANDED SERVICE 17." 79.95 1.00 80.94 6.48 1.62 ...,. (SEE ATIACHED SCHEDULE FOR PRICING MATRIX) t X 4YD X IIWK BASIC SERVICE 102.3' 93.08 1.16 94" 7.'" 1.88 103.&7 I X 4YD X l/WKEXPANDED SERVICE n7.2$ 106.59 1.33 107.92 '.03 2.16 111.71 lXSYDX I/WKBASICSERVlCE 127." 116.35 1.45 117.80 9" 1.36 12'.ss 1 x 5YD X IIWKEXPANDED SERVICE 1"-'7 133.25 1.67 134.91 10.79 1.70 148.40 1 X 6YD X IIWK BASIC SERVICE 153_OW 139.62 1.75 141.36 11.31 1.83 155..'10 I X 6YD X IfWKEXPANDED SERVICE 175.11 159.89 2.00 161.89 12.95 3.24 1'71.01 EXI'RA PICKUP CHARGE - COMMERCIAL CONTAINER SERVICE "0.00 36.36 0.45 36.82 2.95 0.74 "... RESIDENTIAL MULTI-FAMILY 5TO'UNITS TRASH RATES· 3YD X l/WEEK 7U. 69.81 0.87 70." 5.65 1.41 77.75 5-9 UNITS RECYCLING BLUE BOX RATES / UNIT DAII 0.44 0.01 0.45 0." 0.01 0.4' 5-9 UNITS RECYCLING CART RATES fUNIT 0.67 0.01 0.68 0.05 0.01 D.75 (ADDED TO COMMERCIAL TRASH RATES) RESIDENTIAL MULTI_FAMILY 10 UNITS AND ABOVE TRASH RATES· 3YD X 1/WEEK 76.79 69.81 0.87 70." 5.65 1.41 77.75 10 UNITS AND ABOVE RBCYCUNG CART/UNIT 1A11 135 0.02 1.36 0.11 0.03 1'" (ADDEDTO COMMERCIAL TRASH RATES) ~Mty.1 --- GENERAL SERVICE RATES C. INDUSTRIAL GENERATORS: ,... J'" CPI .", FRANC AB'" .", RATES 01'5 1.15% OPS 8% 2% RATE COMPA PERMANENT - HAUL PORTION 170.50 155.00 1.94 1.56.94 12..56 3.14 172.... DISPOSALEXlRAATSJO.OO!J'QN COMPAcrDR SAL£S TO BE NEOOTIATED ON APERACCOUNr BASIS FREE DELIVERY ON CONTJJNERS ONLY. ROlLO OPENTOP~PERMHAULPORIION nl.DO 110.00 1.38 111.38 8.91 2.23 122.51 FREE DELIVERY DISPOSAL EXI'RAATS30.OOfI'ON +TAXES OPEN TOP- TEMP HAUL PORTION 132..80 120.00 1.50 121.50 ,." 2.43 133.':1 DELIVERY CHARGE DISPOSAL EXI'RAAT S30.OO/I"ON + TAXES OPEN TOP- HAUL PORTION 107.10 98.00 1.23 9923 7.94 1.98 10'-1:1 MULTI HAUL ACCOUNTS ONLY DELIVERY CHARGE ON FJRSTHAUL ONLY DISPOSAL EXT'RAAT S30.OOfI'ON + TAXES C.O.D. HAUL+ DJSPOSAL 315.00 350.00 '.38 3~O8 28.35 7.09 319.11 7 TON MAXIMUM! OVERAGE CHARGE APPLIES ATS30.OOfI'ON RATE + TAXES DELIVERY CHARGE ".so 25.00 0.31 25.31 2.03 0.51 ".84 SAME DAY SERVICE REQUEST UNTIL 3:00PM ".00 ".00 0." "." 3.24 0.81 ..... ROLl-OFF CONTAINER DAILY RENTAL 3.30 3.00 0.04 3.04 0.24 0.06 3.34 (AFTER 3Ø DAYS wrrHNO HAUL) AU. RECYCUNG MA'IER.1AL IS CHARGED A PASS 1HROUGH OF PROCESSING FEES ATTIME OF DISPOSAL. ANY DISPOSAL CHARGES DUE TO CONTAMINATION WILL BE PASS THROUGH . A REBAlE IS OFFERED AT 50% OFTHE MARKIn' VALUE OF THE RECYCLABLE MATERIALS (NET OF PROCESSING FEES) . ALL DISPOSAL 11PFEESARE SUBJECT TO ANNUAL 66.66% C.PJ.INCREASES. AF1'ER.3 YEARS. ALL DISPOSAL TAXES INCLUDE FRANCHISE (8%),AND AB939{'1%) CREDIT CARDS SERVICES ARE oPFEREDFORAlJ. ROu...OFF SERVICES, ON ACCOUNT, WITH A $5.00 SERVICE FEE . PACIFIC WASTE, A DIVISION OF AWED WASTE. WITH NATIONAL REVENUES OF 1.2 BILLION ANNUALLY, IS COMMnTED TO PROVIDING THE NECESSARY CAPITAL TO SERVICE CHUI.A VlSTA'S ROLL-OFF FRANCHISE NEEDS. THE STANDARD TIJRNAROUND TIME ON AU. ROLL-OFF SERVICE IS 24 HOURS. '6 ~b3 .- D. MISCELLANOUS EQUIPMENT AND SERVICE RATES: COMMERCIAL: ,... I". ,... FRANC AB'3' .... ....= OPS ors 11% 1% ....TE LOCK ON TRASH BIN .... 4.55 4.55 0.36 0.09 5.00 CONTAINER. EXCHANGEAF'l'ER CDMPUMENTARY ANNUAL ...50 45.00 45.00 3.60 0.90 "'.50 EXCHANGE. (PLEASE GIVE 30 DAY NanCE FOR REQUESTS) COMMERCIAL JUNK PICKUP PER rreM 15.00 22.73 22.73 1.82 0.45 15.00 DEODORIZING PER. CONTAINER .... SAS 5.45 0.44 0.11 .00 QREENWAS'ŒRECYCLING I X llWEEK 51M 44.82 44.82 3.75 0.94 51.50 I X 2IWEEK 103.00 93.64 93.64 7.49 1.87 10J.00 I X llBl-WEEKL Y 27.75 25.23 25.23 202 D.,. 27.75 COMMERCIAL RECYCLING I X ¡!WEEK 15.00 22.73 22.73 1.82 0.45 15.00 I X JlBI-WEEKLY 11.00 19.09 19.09 1.53 0.38 2.1.00 REPl..AcrMENT 3YD CONTAINER DUE ro REPEA'ŒD CUSTOMER 680.00 },45.45 545,45 43.64 10.91 600.00 ABUSE EXTRA CHARGE FOR PERSONAlJZED CONTAINER PURCHASE MARKET DIFF ABOVE 600.00 RESIDENTIAL : TOTER 95 GALWN RENTAL FOR WASTE 1.00 1.82 1.82 0.15 0.04 1.00 TOTER 6~ GALLON RENTAL FOR GREEN WASTE 1.00 0.91 0.91 0.07 0.02 1.00 TEMPORARY 3 YD CONTAINERATRESIDENTlAL UNIT 125.00 113.64 1l3.64 9.09 2.27 125.00 INCLUDES 1 DUMP AND A 30 DAYTIME UMIT ON CONTAINER REPLACEME¡..,'T 95GAL CARTDUElU REPEATED CUSTOMER ,.... 68.18 68.18 5.45 1.36 75.00 ABUSE INDUSTRIAL : COMPAcrDR CONTAINER W ASH-our "00 68.18 68.18 5.45 136 75.00 RELOCATION OF CONTAINER ,~oo 68.IS 68.IS 5.45 1.36 75.00 DRY RUN CHARGE 50% OF HAUL RAiE OTIlER: BULKY PICKUP COST 2.73 0.22 0.05 3.00 OVERAND ABOVE TIlE MAXIMUM ALLOWABLE PICKUPS UNDER TIlE SMALL GENERATOR AND MULTI-FAMlL Y PROGRAMS E. OPTIONAL SERVICES NOT SUBJECT TO FRANClßSE FEES : CPI"" 2.5% STORAGE VANS MONTIILYRENTAL .~OO 95.00 2.38 97.31l DELIVERY CHARGE 25.00 25.00 0.63 15.63 REMOVAL CHARGE Z5.00 25.00 0_63 15.63 LA VAL LOCK 75.-00 75.00 188 ,.... NOTE: ALL 1991< RATES ARE TIlE MAXIMUM RATES APPROVED BY Cm' COUNCIL FOR TIlE PERIOD JULY I. Im1'O JUNE 30. 1999. ALL 1999 RATES ARE TIlE MAXIMUM RATES APPROVED BY CITY COUNCIL FOR TIlE PERIOD JULY 1,19991'0 JUNE 30, 2000 '/; ))l;-¿Lj / . - CITY OJ' CHUlJ. VJ8TA RATE TABLE RJ'JI'KC11VK 7_1_99 COMMERCIAL TRASH RATD 3YD CONTldNER8ERVlCI NO COUNTY AVERAGI ADJU8TMINT I I E8 WASn 0.. NEW W,""" RAn . RATE AT 0.. CPI 0" .....CH AS"" RATE AT LEVEL Blm; una IMO 7_1.911 RAn ,.,,, RAn ....." ....,,, 7·1·99 BASIS SERVICE · · " "6.79 "'.. 10.1'7 "... 15.65 11041 117.'75 !EXPANDED SERV · 1 " m." S19." 11.00 ...... ..... IU¡2 ...... BASIS SEiRVlCE · 2 " 11n.1O 1120.'13 .1.51 1121.24 ..." "'.. 1134.46 þDCPANDEDSERV · 2 " 115:1..50 1138." ":,, IJ4U'7 111.23 02... 1154.41 BASIS æDlVlCE · , " IJ87.14 1170.13 .1.13 11'11.25 113.'78 'JA' SI19.48 IEXPANDED SãRV 1 , " 1%16.62 1196.93 ..... IJ99.39 "'31 "." 1%19.3J IBASIS SSRVlCE 1 , " ........ ""... ..... 1127..19 118.17 ...'" 1:249.91 EXPANDEDSERV · , " 1%13.09 S2"i7.35 .u, 1%60.51 ""., 15.21 S2t1i.63 BASIS SERVICE 1 , ., ""'" S276.56 ".... 1%10.02 1'22.40 15.60 "..." !ExPANDEDSERV 1 , " .,.,." 1311.90 ".... SJ1J.1'7 125.7$ ..... ".... IBASISSERVICE 1 , " ""-00 133031 ..." SJ3s.~ "'... 16.10 "...., EXPA:P<mIiDSERV 1 , " ""... "..." ..... "..." 131.11 11.'78 1417.'78 BASJSSliRVICE · , .. ""'" 1391.12 .." 1396.01 131.58 "'" S4.15.til EXPANDED SliRV 1 , .. ....1... S446.76 ..... 145:1..35 136.19 19.05 ""'.!II ßASLS SERVICE 2 1 " 1139.&8 1121.16 11.59 112"'7!1 110.30 '>1. 5141.6J EXPANDED SERV 2 · " lHi,)..1 1148.!n 11.. IISCI.'78 112.06 S3.o:! 51ti.5.tIi BASIS SERVICE 2 2 " $2:59.'78 1236.16 ..... W9.12 119.13 ...." $2:63.03 iEXPANDEDSERV 2 2 " 1216.'71 S260.7I .U, 12tiJ.9'7 S21.12 .U. Ð!IO.36 BASIS SERVICE 2 , " ,,= 13'22.1J ..." SJ2ti.14 "'." 16.52 1351.'75 tEXPANDED SERV 2 , " "....., "''''' ...... "..... "'.71 11.32 S402.40 :OASIS SERVICE 2 , ." 1462.12 1420.11 "-', "'.." 1:\4.03 SII.Sl ....,... EXPANDED SERV 2 · ." 1515.'9 14ti11.BJ ..... S4?4." 13'-" 19.49 ISZ2.J4 BASIS SSlVICE 2 , "0 1S'77.19 IS15.2ti ...57 "".&> S42.S5 110.64 ....." EXPANDED SERV 2 , ." 1629.39 IS71.11 "U5 ",.~, 146.35 111.59 163'7.2' :OASIS SERVICE 2 , '" 1101.911 $6311.16 11.98 S646.J4 SSU9 .12." 1710.'75 mANDED SRRV 2 , '" l1ti4.9ti 169S.42 "'" I'704.U "'.J) 114.08 ..,.,..., BASIS SERVICE , , ... 1126.11 1151.07 19.39 1160.4& "'.S< 115.21 SaJ6.5I EXPANDED SERV 2 , .., S89J.tiJ 1312..39 110.15 "".55 165.80 $16.45 ....... BASIS SERVICE , · " ""-'3 1184.85 "~1 IJI'7.16 114.91 U.74 $205." EXPANDEDSliRV , 1 " """'" 12111.39 ".." ml.12 111.69 14.42 "..'" BASIS SERVICE , 2 " 1363.04 UJO.04 "-13 SJJ4.,I' 126.73 ..... SJti'7.SII EXPANDED SBRV , , " 1410.'7'2 .m... ...... SJ'7B.05 S30." "." 14J5..~ BASIS SERVICE , , '" L~1.. 1461.71 ...." ....,... S31AO 19.3,'; I~J4.2,) EXPANDED SERV , , '" 1614.12 SSS8.2'J ..... "..." S4S.22 II1.3J SQUO BASUI SSlVICI! , , '" S6'76.19 1614.12 11.A .."., 149.79 112.4,'; ....." EXPANDED SllRV , , I" 17Ja,oø ........ su, S6'79.31 S.'W.35 113.59 114'7..1J BASISSliRVlCI! , , 195 ""-'1 S1li746 S9~9 ,.,.,.,... ...." SI5.54 ØS4.7ti EXPANDED SERV , , 195 1909.62 S8'U.9J Slo.3< SaJ1.1' ...... $16.75 1920.99 BASIS SERVICE , , '" 11.Ð40.1n 1945.41 111.81 1951.19 116.511 S19.15 11.05.1.02 EXPA:P<mED SllRV , , '" 11.0611.01 1970.911 112.J4 1983.12 178.65 119.ti6 11.011.0 BASIS SERVICE , , ,." 11.249.56 11,135.96 SI4.20 II,ISO.16 192..01 S23." SI.1115.I11 EXPANDED SERV , , ,." 11.1114..19 11.167.45 114.59 11,1112.04 1\101.56 1:23.64 S1.J00.14 ? 'ffi t š mASISSBRVlŒ · , " 1267.J!\ $243.05 ".04 :Þ<iI6.ot SI9.69 ....., tz'70.69 ŒxPANDBD SERV · , " SJIOI S2Ø5.1O ".,., .,.,,, m.1S SS.79 1318.31 ASlSSBRVlŒ , , U" ""... $421.71 "'" 14%6." 1.'\4.16 ...... "69.68 !XPANDED ""'" , , ,.. ....... S476.7J ..... ....... 138.61 IU5 SS30.96 ASISSBRVJCE , , '" ""'" """ "... "".. ...,... Sl2.J2 sm." EXPANDED ""'" · , '" 174.1.96 "',-" ..." ....." SS4.18 113.70 S75J.26 BASIS SERVICE , , '" S908.91 ""... Sl...... Sl36.'1 ...." 116.73 1910.2'7 EXPANDED SERV , , ,.. S9!\I.J.4 SI64.ß S10.11 ..,.,,, S70.05 IIUJ S963.2J ASISsmtVlCE , , '" 11.15J.!I7 S1.048.70 113.11 II,061.n ....... S21.~ 11,167.99 EXPANDED ""'" , , '" 11.171.06 11,064060 S13.31 II,OT1.t1 ...." S21.S6 11,185.70 BAStS SBRVlœ · , '" $1.,3118.71 IL771.5S SI5.119 11.2117.'" SIOJ.OO 12S.75 11,<416.19 EXPANDED SERV · , '" 11.<461.!\O SL328.64 116.61 11,3.45.2<4 1107.'2 126.!H:I 11,<179.1'7 ASlSSERVlœ · , "" 11.643.511 11.""'.16 11..68 11.!\I1.... 1111.OJ 130.26 11,6IW.11 EXPANDED IŒRV , , "" 11,706.28 11.551.16 119.39 SI.5'70-'S 112S.64 13UI 11,'7%'7.61 ABISSllRVICE , I " 1318." ",.." "." ""'''' "'.., 16.05 $331.'76 EXPANDED SERV , , " 1.)15.74 1350.67 SU. "..... "'... S7.IO "..... BASIS smtVlCE , , '" .,.,." S536.17 ..." ........ S43.44 SIO.86 "''3' EXPANDED miRV , , '" .....'" .m", .w "..." 147.57 111.89 ....." BASJSSliRVlŒ , , '" ""'" 1778."1 SO." 11"14 163.05 S15.76 ....... EXPANDEV SERV , , 195 ....." 1187.47 19.... 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"7-N ¡.. - EXHffiIT B · Upon issuance of the conditional use permit by San Diego County for the expansion of the Otay Landfill ("Expansion), Otay will donate a 54-acre parcel adjacent to the atay Landfill to the City. · Upon issuance of the fmal permit of the Expansion, Otay will pay the City a development fee of $4,000,000 payable in annual installments of $1,000,000. This amount shaII be subject to reduction to the extent the final Expansion is for less than 725 feet, such formula to be mutually agreed upon by City and Pacific. · Otay will assist the City in annexation of the donated parcel at the City's cost. · Otay will grant the City an easement, at not cost, for the extension of Pas eo Ranchero Road. To the extent that easement property could be used as mitigation land for the landfill expansion project, the City shall cooperate with Otay in identifying potential alternative mitigation sites or mechanisms for satisfying such obligations. · Otay will grant the City an easement at no cost to allow emergency access to Maxwell Road rrom the donated parcel. · Otay will collect litter and perform sweeping on certain roads near the atay Landfill. · Otay will develop and implement mutually agreed upon dust, noise and bird mitigation plan. · atay will develop and implement a phased landscape plan approved by the City designed to mitigate the visual impacts of the landfill and to compliment Wolf Canyon vegetation. · atay will develop and implement a contouring plan approved by the City that compliments the landscape plan and is designed to mitigate visual impacts of the landfill. · Otay agrees that soil stockpiles shall not at anytime exceed the final allowable height of the landfill. -. · Otay shall exercise good faith efforts to increase its existing gas recovery or develop a new gas recovery with respect to methane production in an effort to eliminate the need for a flare system. · Otay agrees to protect vernal pools at the Otay Landfill · Otay shall convert certain vehicles and equipment to a clean fuel source, subscribe with a California E rated clean fuel energy provider for its on site electrical power needs, and provide a price preference for future sub-contracts that encourages the use of CA E rated clean fuel sources for equipment, fuel and energy. · Otay will develop and implement a gate check procedure designed to avoid improper designation of waste to Chula Vista rrom outside the jurisdiction, commingling of Solid Waste with that of other jurisdictions, litter and improper or illegal disposal. · The City agrees to meet and confer with Otay Landfill Inc.,! Allied outside of the project permitting process in order to address City Concerns regarding visual impacts of the proposed landfill expansion. g -/1-&1 - - _. .---.. . -_.._-.------~-- ORDINANCE NO. 2792 AN ORDINANCE OF THE CITY OF CHULA VISTA GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO PACIFIC WASTE SERVICES THROUGH SEPTEMBER 4, 2007 WITH AN OPTION TO EXTEND UNTIL THE YEAR 2015 SUBJECT TO SATISFACTORY PERFORMANCE, AND POTENTIAL ADDITIONAL EXTENSIONS AT CITY'S SOLE OPTION UNTIL THE YEAR 2031 IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE FRANCHISE AGREEMENT, AND AUTHORIZING MAYOR TO EXECUTE SAME WHEREAS, City is a chartered city within the meaning of California Constitution Article 11, Sections 3 and 5 and has reserved its powers pursuant to California Public Resources Code Section 40000 et seq. to grant an exclusive solid waste and recyclable franchise; and WHEREAS, in 1982, pursuant to Article XII of the city Charter and Chapter 8.24 of the Chula Vista Municipal Code, City granted a solid waste disposal franchise ( "Original Franchise") to Chula vista Sanitary Service ("CVSS") ; and WHEREAS, since 1982, the Original Franchise has been amended as follows: (I) Ordinance No. 2104, adopted February 28, 1985: (2) Ordinance No. 2332, adopted September 12, 1989; (3 ) Ordinance No. 2427, adopted December 4, 1990; (4) Ordinance No., 2429, adopted December 11, 1990; (5) Ordinance No. 2475, adopted September 3, 1991; (6) Ordinance No. 2562, adopted July 20 1993; (7) Ordinance No. 2569, adopted September 21, 1993; and (8 ) Ordinance No. 2741 adopted August 11, 1998; and WHEREAS, on May 12, 1987, pursuant to city Council Resolution No. 13019, City approved an assignment of the Original Franchise to Laidlaw Waste Systems, Inc. ("Laidlaw") ; and WHEREAS, on June 17, 1997, pursuant to City Council Resolution No. 18705, City conditionally approved Laidlaw's assignment of the Original Franchise, as amended, to Pacific. One of the conditions of approval was that Pacific enter into negotiations with City staff regarding various City issues with the franchise prior to September, 1997 when the City was scheduled to consider Pacific's request for a five year renewal; and WHEREAS, on August 26, 1997, pursuant to City Council Resolution No. 18763, City approved a month to month extension of the Original Franchise pending further City review and consideration of Pacific's requested five year renewal; and WHEREAS, on August 8, 1998, the City Council approved a franchise renewal with Pacific Waste on the terms and conditions of the current Franchise Agreement; and -4-CL- - / f u_ WHEREAS, the current solid waste and recycling Franchise Agreement expires on September 4, 2002 and in anticipation of the' end of that agreement, staff has negotiated with Pacific Waste Management to develop the terms and conditions for a proposed renewal on terms and conditions specified therein; and WHEREAS, on June B, 1999, pursuant to city council Resolution No. 19480, City approved a resolution of intention to consider the adoption of a Franchise renewal and set a public for such purpose for June 22, 1999 at 6:00 p.m.; and WHEREAS, on June 22, 1999, a duly noticed public was held on the proposed Franchise renewal, and all public testimony was reviewed and considered by the City Council, including the City Manager's recommendation to approve the Franchise; and NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: In accordance with Chu1a Vista Municipal Code section 8.23.070, Pacific's performance under the current Franchise is hereby deemed satisfactory for purposes of renewing such franchise pursuant to the terms and conditions of the new Franchise presented by City staff. Any and all protests or objections presented to the granting of the Franchise are hereby overruled. SECTION II: Upon Pacific's written acceptance thereof, the City Council of the city of Chula vista does hereby grant a Franchise Renewal to Pacific Waste Services through September 4, 2007 in accordance with the terms and conditions of the Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement, a copy of which is on file in the office of the City Clerk ("New Franchise Agreement") . SECTION III: The Mayor of the City of Chula Vista is hereby authorized to execute the New Franchise Agreement on behalf of the City of Chula vista in substantially the form presented, with such minor, non-substantive, modifications as may be approved or required by the City Attorney. SECTION IV: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. SECTION V: The city Clerk is hereby directed to publish a summary of this ordinance in a newspaper of general circulation circulated in the city of Chula vista. Presented by Approved as to form by 0~r~¡~ }"(~ Michael Meacham, Conservation Coordinator H:\home\at~orney\reso\trash.frn 'if /1 a;~ RESOLUTION NO. 19501 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING IN CONCEPT A LANDFILL AGREEMENT WITH OTAY LANDFILL, INC. REGARDING CITY TRASH FLOW AND LANDFILL MITIGATION WHEREAS, Otay Landfill , Inc. ("OLI" ) is proposing an expansion of the Otay Landfill to a maximum height of 725 feet; and WHEREAS, City has concerns regarding the adverse impacts of such expansion on the city; and WHEREAS, OLI has agreed to mitigate such impacts pursuant to the terms and conditions attached hereto as Exhibit A; and WHEREAS, City staff and OLI are working on developing a final Landfill Agreement consistent with the attached terms in order to present such agreement to the City Council for its approval as soon as possible. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby approve in concept a Landfill Agreement with Otay Landfill, Inc. regarding City Trash Flow and Landfill Mitigation on the terms attached hereto as Exhibit A subject to City Council final approval, in its sole discretion, of the terms and conditions of the finalized agreement currently being prepared by City staff and OLI. Presented by Approved as to form by ~~~.~ Michael Meacnam, is ation Coordinator H:\home\attorney\reso\landfill -jf-iJ -/ J EXHmlT A · Upon issuance of the conditional use permit by San Diego County for the expansion of the Otay LandfiIl ("Expansion), Otay wiIl donate a 54-acre parcel adjacent to the Otay LandfiIl to the City. · Upon issuance of the final permit of the Expansion, Otay wiIl pay the City a development fee of $4,000,000 payable in annual installments of $1,000,000. This amount shall be subject to reduction to the extent the fmal Expansion is for less than 725 feet, such formula to be mutuaIly agreed upon by City and Pacific. · Otay will assist the City in annexation of the donated parcel at the City's cost. · Otay wiIl grant the City an easement, at not cost, for the extension of Paseo Ranchero Road. To the extent that easement property could be used as mitigation land for the landfiIl expansion project, the City shall cooperate with Otay in identifying potential alternative mitigation sites or mechanisms for satisfying such obligations. · Otay wiIl grant the City an easement at no cost to allow emergency access to MaxweIl Road rrom the donated parcel. · Otay wiIl coIlect litter and perform sweeping on certain roads near the Otay LandfiIl. · Otay wiIl develop and implement mutually agreed upon dust, noise and bird mitigation plan. · Otay wiIl develop and implement a phased landscape plan approved by the City designed to mitigate the visual impacts of the landfiIl and to compliment Wolf Canyon vegetation. · Otay wiIl develop and implement a contouring plan approved by the City that compliments the landscape plan and is designed to mitigate visual impacts of the landfill. · Otay agrees that soil stockpiles shall not at anytime exceed the final allowable height of the landfill. · Otay shall exercise good faith efforts to increase its existing gas recovery or develop a new gas recovery with respect to methane production in an effort to eliminate the need for a flare system. · Otay agrees to protect vernal pools at the Otay LandfiIl · Otay shaII convert certain vehicles and equipment to a clean fuel source, subscribe with a California E rated clean fuel energy provider for its on site electrical power needs, and provide a price preference for future sub-contracts that encourages the use of CA E rated clean fuel sources for equipment, fuel and energy. · Otay wiIl develop and implement a gate check procedure designed to avoid improper designation of waste to Chula Vista rrom outside the jurisdiction, commingling of Solid Waste with that of other jurisdictions, litter and improper or illegal disposal. · The City agrees to meet and confer with Otay LandfiIl Inc.,/Allied outside of the project permitting process in order to address City Concerns regarding visual impacts of the proposed landfiIl expansion. '6 7I-D -/1 -- ---.-.----....-.-- 110 West C Street, Suite 709 . San Diega, CA 92101 . (619) 234·6423 FAX (619) 234-7403 June 18, 1999 Hon. Shirley Horton Mayor, City ofChula Vista 276 Fourth Ave Chula Vista, CA 91912-1087 RE: Support for Otay Landfill Expansion Dear Mayor Horton and Members of the City Council: This spring, the Board of Directors of the San Diego County Taxpayers Association voted to urge the County of San Diego to approve the expansion of the Otay Landfill. The Association believes that future landfill capacity is one of the most pressing issues facing the region. The economic impact of not having local landfill capacity available is significant. It is estimated that if Otay Landfill were not available today for south bay residents and businesses, the costs for disposal would increase approximately 33%. Although impossible to quantifY this cost a decade from now when the land fill will close if the permit is not extended, clearly the limited 'isposal options facing the South Bay will result in higher costs to consumers and local government Over the expanded life of the Otay Landfill, it is expected to have an economic impact of $335,000,000 to the region. This economic impact includes not only day-to-day jobs at the landfill, but also construction jobs for the additional cell sites and contracts with local businesses for supplies such as fuel. In the view of the Taxpayers Association, these are significant costs for the region that need to be considered as part of your decision making. Otay Landfill has been a good neighbor over the years and Allied has an excellent operational and environmental track record. The Taxpayers Association is not in a position to comment on specific CEQA environmental issues, but does believe that Otay Landfill should be expanded and continue to provide a very important intTastructure component for our region. Sincerely, Scott Barnett Executive Director E-mail: SDTaxpayers@SDTaxpayers.org . www.sdtaxpayers.org Founded in 1945 --.--.-.-.....-,-------........ __ __m________.. _.._.._.__.__._____._._ ---.-.-- "---~'.-'- - _._-------~-~,--_.._----_.. S"nDie 0 Ji Metro KOA· IAM_UIID Mayor Shirley Horton & Chula Vista City Council 276 4th Ave Chula Vista, Ca 91910 June 22, 1999 This letter is intended to voice support for the continuation of the contract for trash and recycling services currently held by Pacific Waste Services. We are a commercial customer of Pacific Waste and have diverse and seasonally changing needs for trash and recycling pick up. Pacific Waste has always been responsive to our needs, has maintained their equipment in good condition and has been reliable in their pick up schedules. Additionally, they have always shown a wide range of community support for our City. I think they deserve your serious consideration for renewal of their contract. Sincerely, 4-d .~ Mike Bell, President Kampgrounds Enterprises Inc. III North Second Ave. . Chula Vista, CA 91910-1198· (619) 427-3601 ·1-800-562-9877 (Owned by Kampgrounds Enterprises. Inc.) . - "_.,...._,~_...."_.- "-'.~- - _.__._._._----------~...- @ .Árha/v~~ [QIUIMOnlllC OPPOllfU"ITY BYRON & PEGGY PETERS 647 Fig Ave Chula Vista, CA 91910 June 21, 1999 Honorable Mayor Members of City Council Chula Vista, Ca 91910 Dear Madam/Sirs: As property owner and manager of apartments, houses, duplexes and commercial building in the City ofChula Vista, we have rrequent contact with representatives of Pacific Waste Management Services. When we encounter problems, they are mutually resolved in a positive manner. This includes both dumpsters and trash receptacles. It is suggested that you grant an exclusive solid waste disposal and recycling franchise to Pacific Waste Management for contract renewal. They have consistently exceeded performance expectations with their customer service relations as a priority. '~ ~-~ THE PAUL 272 Churell Avenue Real Estate MILLER Sufte 4 Management & Sales Chula V'1S\a, CA 91910 IlNeSIment & Residential COMPANY Tel: (619) 427-5011 Commercial Leasing Fax: (619) 427-0174 Homeowner Associations June 22, 1999 City of Chula Vista City Council Members 276 4th Avenue Chula Vista, CA 91910 RE: PACIFIC WASTE SERVICES Dear Council Members: Our firm manages several thousand residential and commercial units, of which a significant number are located within the Chula Vista city limits. We have received excellent support service rrom the Pacific Waste Services staff personnel over the past several years. We feel Pacific Waste Services is significantly better than several of the other waste haulers in the greater San Diego area. Their timeliness in responding to service requests, resolving trash hauling issues and providing accurate budgetary forecasting data has facilitated our management practices in order to better assist the local consumer. Pacific Waste Services people have made the transition to recycling easier for us to deal with, minimizing the financial impact to our property users. Clearly, the Pacific Waste Services staff has been stable, cooperative, service minded and responsive to our needs. We, as a result, support the City ofChula Vista's efforts to extend their contractual arrangement with Pacific Waste Services to provide quality waste removal at affordable pricing levels. Sincerely, J!¿~~ / k . Kuta, CPM President The Paul Miller Company JCK\jad cc: Correspondence File -.. -..----.----...-.-" ..-.--- - --..-,--.---...---- IB PACIFIC SOUTHWEST ASSOCIATION OF REALTORS® 880 Canarios Court Chula Vista, CA 91910 REALTOR® (619) 421-7811 Fax (619) 421-0087 1999 OFFICERS President June 22, 1999 Scotty Vaught President-Elect Chris Lewis City ofChula Vista Vice President City Council Members Armida Martin Del Campo 276 4th Avenue Treasurer Chula Vista, CA 91910 Norman Vanderbilt Secretary Dear Mayor Horton and Council Members: Isabel Hall Immediate Past President The Pacific Southwest Association ofREALTORS® (PSAR) has been involved David Wilson with several projects with Pacific Waste Services in the past. The most recent has Executive Vice President/CEO been working through an acceptable arrangement between the City ofChula Vista, Mark G. Marchand Pacific Waste and PSAR to assist homeowners and property managers of vacant property with the trash waiver program. I appreciate Pacific Waste Service attitude and desire to make Chula Vista a better place to live, and look forward to their continued involvement within our city. Sincerely, Mark G. Marc Executive Vice Pres! G:t EQUAL HOUSING OPPORTUNITY Affiliated with California Association of REAL TORS® National Association of REAL TORS® REAL TOR® is a registered collective membership mark which may be used only by real estate professionals who are members of the NATIONAL ASSOCIATION OF REALTORS® and sub- scribe to the Gode of Ethics. ~-----_._.'--~._--_.__._--_._'._~-_._-_.__..""--_.'..._-----..--- .'.' 0~.~.~·~ "'~~""'0 .~ MONEY REAL TV IB 355 THIRD AVENUE, SUITE 101 CHULA VISTA, CA 91910 REALTOR ,. ~ ., ... .,. ",. "'. , (619) 422-0177 June 22, 1999 Honorable Mayor Members of City Council Chula Vista, CA 91910 Dear Madam Sirs: As a Realtor in Chula Vista, a property owner, and a manager of apartments, houses, duplexes and commercial buildings in the City of Chula Vista, we have rrequently done business with representatives of the Pacific Waste Management Services. When we have encountered problems with either scheduling or questions of billing of a property, the problems have been resolved in a positive manner. It has come to my understanding that the contract with Pacific Waste Management is up for renewal. From a consumer point-of-view this company has consistently put customer service and satisfaction as one of their main priority. I would recommend that the city renew its contract with them. If you have any questions call me at 619-422-0177. Sincerely, I ~ Tom Money Co:.................... ~/ zv.co PROPERTY MANAGEMENT COMPANY and INVESTMENTS SERVING SAN DIEGO COUNTY FOR 25 YEARS MAIL' IB 230 GLOVER AVENUE, SUI TE K P.Q. Box 611 (HULA VISTA, CA 91910 CHULA VISTA, CA 91912-061 1 QI,t.llOQCI'i 619/425-1017/ Fax 619/425·5817 June 28, 1999 City of Chula Vista Honorable Mayor & City Council Re: Pacific Waste Contract Honorable Mayor Horton: Our company, TYCO Property Management Co., Inc. located at 230 Glover Avenue, Suite K, Chula Vista, CA 91910, is pleased to recommend to the City the extension of Pacific Waste Services contract. Our experience has been very good. We manage several hundred residential properties, commercial properties, and 15 homeowner associations. We have always found the people at Pacific Waste responded promptly, and made call backs in a most timely manner. They have treated our clients in a most professional way. The number of properties we manage and the various types and services we need, we feel we have a good base for a recommendation. S;~Y'.'; ~ Mars~ "~Pton, Chm. TYCO Property Management Co., Inc. E-Mail Address: TYCOMGMT@PACBELL.NET ._._..._-----~-~_.., _._--~._...._._--_._----_._.,,- ~.__._-_._-~ ~~--------- ---~- T 1-- ~. -trn - I C ~ W¡9SnOr Ç~"f'rvitian Iii i I .. . __ _ _____.., _..........._.. -.. -------, ~ Carl Wiesner Lic.# 43251 0 Telephone (619) 443-7716 9296 Hightop Terrace Fax (619) 443-6474 Lakeside, CA 92040 June 22. 1999 City of Chula Vista 276 Fourth Avenue Chula Vista. CA 91910 Attn: City Councilmembers: Shirley A. Horton Mayor/Patty Davis/John 5, Mootl Stephen C. Padilla/Mary Salas Re: ORDINANCE TO RENEW SOLID WASTE FRANCHISE: Dear Council Members: My name is Carl Wiesner and I am a small General Contractor that does work from the border to Oceanside and inland to Alpine. I am writing you to tell you that I am against the Franchise of Trash Removal in the construction industry pertaining to the forty yard dumpsters only. In all cities which have Franchise it is very hard to get a forty yard dumpster on site because of lack of phone communication. scheduling a week to two in advance and require large deposits, They are just too busy for the small general contractors. Therefore, I am Opposing the Franchise initiative that will be heard this evening, In cities that do not have franchises I can easily call up for a forty yard dumpster and have it delivered the same day and be billed on a monthly basis, Once again I oppose this initiative for the construction forty yard dumpsters for the construction sites in your city, Your consideration is appreciated in this regard, Thank you. ~~ours. , t"t¿. -..... ARL J, IESNER J,}LrYì 8' June 29, 1999 Ms Shirley Horton City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Construction & Demolition Hauling in Chula Vista Solid Waste Contract Extension Dear Mayor Horton: I understand that the City of Chula Vista is considering a renewal to the Solid Waste Hauling Franchise through the year 2029. I understand that this franchise is exclusive and does not allow competition for construction and demolition hauling by roll-off box companies. We are a demolition company offering services throughout San Diego County. Our crews are expensive and poor service by our trash-hauling subcontractor costs us a lot of money. My experience is that in rranchise cities, our costs go up because service levels go down. I urge you to exclude construction and demolition hauling from the trash-hauling contract. Let us pick our own haulers. Penhall Company (619) 550-11I1 - . --_._._.._--------~.- EXHIBIT H MUL TI-FAMIL Y PERFORMANCE STANDARD Service Levels Time Line Pacific's obligation is to adjust rates for multi-family units of 5 - 9 units for recycling service from $1.48 to $0.74 per month, as per Exhibit H, or establish curbside service at $0.48 per unit as per Exhibit H. Pacific Waste will be in compliance January 1, 2000 when the above is completed. Pacific's obligation is to provide a good faith effort to convert service to the customer and place a 3 yd mixed paper bin or appropriate container(s) at the customer's site, and distribute educational materials to the customer. If the customer refuses the service, after Pacific Waste has made a good faith effort, a January 1, 2000 form with the customer's information will be submitted to the City for enforcement. Pacific Waste will provide the services as enforced by the City. Pacific Waste will be in compliance if either scenario is completed. The multi-family recycling contract will be in full compliance and not severable if the above conditions are met. ._--_....__._-_._---_._-~._~-~-----"- - ", _ _ r _ ~ ::: c.-;. : .: '7- : ~ : - : =.:: ;; : :: - : ~ - . - - -- -- - - -. - - L5 i; ~ ;1 - ..- I ---- '09111 san Diogo MINion lid.. S... 115, 9... DIop, CA 0210. : I I .Þ 251999 , COUNC;~ 0,(;7,-' , J=25,1999 ; ~..:! .. ",.... : ----- Mr. David D. RDwlands, Jr. City MJmagcr City of Chula Vista 276 Fourth Avenue ChuIa Vista, CA 91910 Re: Proposal for Tcmpora¡y Trash Service in ChuIa Vista DeB! Mr. Rowlands: , There is an alternative way to the proposed Franchise Agreement that 'would presef'.'e admIDistrative control ovCJ' solid waste hauling in Chula Vista, al]ow the competition and service levels needed bv comtactQr and demolition (C&D) comœriies, and provide . . franchise fee income to the City. 1. The City permits solid waste hau1ers thaI qualify to haul temporary service. The City can defme temporary service to include C&D and possibly one-trip Oeanup jobs. 2. The City-n:quir::s1bat all solid waste be bauled10 the Otay Landfill. 3. The City .clwgc:s a per ton franchise fce. This wou1d be easily euditable" ia the toJ1DBBC ICpDrtS already provided monib)y and quarterly by the lAndfill 4. The J'<".w.Îtt.:J.ñau1ers reportmœrthJy or guancrly1neiT1onnagc mid franchise fees and pay within 20 or 30 days after the=tl of the period. This alternative satisfies C&D companies working in Chula VIsta, as it 'would allow them the freedom of choice to choose their own seI\;ceproviœr. The City would be able to collect frar.cbise fees on cleanup crews and end-dump sen;ces w'11= it is cUITcntiy not collecting any fees. I .....e1come the opponunrty to discuss this alternative with you. ~~~~ Cc: Shirley Honon. Mayor .....-,,-. .--...- --... ~ - _..- -- .. - -- -- ~ JUD~ 16, 1999 j TO:j Mayor Horton 8; Coundlmembers YLA\. FAX . , City of Cbula Vista ¡ FRCJM: Kris Murphy :RE: .30+ Year Agreementwtth Pacific Wast:: H~g been present at last years "after the fact" Council approval of Allied Weste' s acquisition ofPkcificWaste, I was cxpec:ting the Coum:i! to follow through on using competitive bidding at the bd afthe existing contract. The Cou.ncilmade it very clear tbatwhile you were overlooking Allied's failure to get Council approval prior to purchasing Pacific Wastc. you ÍD1endcd to use the bompetitive market place at the end of the .contract. j .' QuESTION: . Where did the proposed 30+ year .contract come from? When did Council change it's þi.na and authOr1z= II sole source cont:ract? Was this deal worked oœ strictly between Staff and1Pacmc wÏth no input from the Council or the Public? In Jght ofthe.result1i in Imperial Beach, where Pacific was outbid 'by EDCO, .it would seem that bef~re you 'sign up with Allicd for 30+ years you should pElUSe and consider your options. ,t's the rush? Why huny when you have years left on the J;;ontract? I haive reviewed the proposed agreement and to be honest, it.has some very positive features. wb!tt is distuibing about it is, while there is 2. substanùal amxual cash payment directly from Pacific to. tbcCity, there:is DO real tax reduction for the ratepayers. IfPaci:fic is going to be :J:....... m=""'" fmm of_"""" C<nmci1 """"" """... offici" chise fee {tax) and fi.Jrther c:trt: the rates to 'till: ntcpayers. It' also' hard 'to believe tÌ1I\t any city would 801e source a cont:rac:t wbich is worth well over half , a bJlllion do1la:rs and has a length over 3 dccades. As L advocate for competitive 'bidding, 1 find the process used to date to be questionable in the fact of the past and recent events. coLentli and questions resp=ctfulJ.y submitted, j ~ .! .J J , I , I I I' I , i : , I i , -. ... ---~_...__.._..- ._._----~-~._._...- Date: 6/8/1999 11 :33 AM Sender: Jerry Harmon <jharmon@cts.com> To: Armando Buelna Priority: Normal Subiect:Solid Waste Shirley Horton, Mayor Shirley, I would like to speak with you regarding Chula Vista's apparent intent to sign a long term contract for the collection of solid waste within t.he city. I assume you are aware of the issue that is being decided by the voters in Escondida in August of this year due to the initiative process. If not I would like to talk with you about. it and the connection with chula Vist.a. You can reach me on 760-480-9483, or bye-mail, jharrnon@cts.com. Than}: you for your attention to this issue. Jerry· Harmon ~ RFC822TXT - - ---~_.~ ----.--- ----------- - -.. -.. . - - - " - - - - . - . - ~ . ~ ' . -- - - DEB~ - ;:1- BO i~ (619) 284-9245 --W FAX 284-9268 ,0981 San aiego Mis.IDn Rd., gte. 115, San Diego, CA 92108 June 21, 1999 City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Big Mistake with Solid Waste Contract Extension Dear Councilmembers: It is my understanding that the City Council has scheduled a June 22, 1999, Public Hearing on an Ordinance to renew the Solid Waste Franchise. The orooosed Ordinance 1S not in the best interests of the Tatenavers of Chula Vista. 1. The total value of the contract is in excess of $700 million (maybe $800 or $900 million depending on growth and CPI factors). This size of contract should be subject to competitive bid. To award 1:his Franchise without bidding 1S inconsistent with existing·City bidding policies and inconsistent ':vith good business .practices. 2. The Proposal per the Agenda Statement Attachment ofJ une 8, 1999 indicates an increase in tbe Franchise Fee with no reduction in residentiàl Tates. TheProposed Ordinance means that anywbere from 13 to 15% of the trash bilIs paid -by ratepayers goes to the City. Currently, 8% of the trash bill goes to the City as Franchise Fees. Why not reduce 1ÌIe Franchise Fee and the Trash Bill? Let's give something back to thc.ratepayers. Franchise Fees in the 13-15% range make the City look greedy. 3. The City spent days of Public Hearings on the annual $70 million budget. This proposed Ordinance dwarfs 1ÌIe size of the budget, yet 1 can't get an answer to my June 7,1999, written inquiries. 1 can't get an appointment to see the Mayor. Why is everybody so secretive? 4. The policy stated at the August 8, 1998, City Council Meeting was to bid the Solid Waste Franchise Agreement when 1ÌIe existing contract expires. - Whcn did the City Policy change? - At what City Council Meeting was Staff directed to negotiate a new agreement? - Why the unexplained change ofPoljcy? ---------~~. ,--- - - - ,~ -.', ~ ., :::':;::::. .: - - , - s. This ordinance looks especially bad considering the current economic and political environment. - Imperial Beach bid their Solid Waste Contract and received rate reductions of 4% for their ratepayers. - Escondido currently is in a Special Election Campaign to let the voters decide on the merits of competition. - The incwnbent hauler has lost the exclusive contract in Imperial Beach and shouJd be especiaJly motivated to bid low. 6. The proposed ordinance docs not exclude 1emporary bin service from the Franchise. There was testimony from contractors both in August 1998 and currently that temporary service such as provided during construction and demolition should not be included in an exclusive solid waste contract. There is no reason to rush on this agreement. The current contract bas three more years to run. I urge you to vote against this proposed Ordinance. I am available 10 answer any questions you may have at 284-9245. h ~I GreggJ. King -- _....-,- -- - ~_._-_.- ---"'---'---'~- _.~ ----:--.. ". - 2 - - <;- ~ - --~ ~- :=:::;;:::.;: :~--:':.: . .1::' - '¿ ¿ DEB~ .,/ §ê~ I§§~ F ~r- BO ¡- t: ~ '1-1 (S19) 2_92~S FAX 284-9268 10tl1 San egD Mlllalon Ad., S.. '11, Sa>! Dlop, CA 112101 June 7, 1999 M:¡yor Shirley Horton City of Chu1a vista Third Avenæ Chula Vista, CA 91910 Re: June 8, J999,Agendaltem#8 Sohd Waste Franchise .Agreement Extension Dear Mayor Horton: , I am a resident of Chlùa Vista and our Company cmrently provid:s rolJ-off trash box service to the construction and demolition industry. I bve thc following questions and comments ICgarding the JlUle 8, 1999. Agcndaltem #8. My understanding is thai this item authorizes a ,esolution for City StafflO preSOlt a negotiated extended exclusi...'C Franchise Agreement with the incumbent l1auJcr. Pacific Wl!Ste S::n,'ices. Wbv Dot bid tills contract? I. At the August 4, 1998., City Counoil meeting, the expressed inlent of the City Counciì was to bid the Trnsh HaWing contract when:the ,current cantrac! expires in 2002. Vròy has there been a change ofñeart'? 2. Th: City oflmperial Beac1lllas e1ect:ed 10 Phu:e1heir solid waste contract up for bid. Th:: reswlS are expected to be announced the week ofJlUle 14.1999. Why.not wait until the results of11ús :,id process are available to see jf there are more favorable market conditions1 These IeSults are expected in less tbIIn two weeks. 3. In the City ofEscondido, there is an initiative process and special election unda way 1D. J'Cquire competitive bidding on the solid waste OOn1ract. V';:11y not wait and see the r=llts of the special ejection and bid process inBscondido? There is no rush here in Chula Vista - the current COntJ'aC! åoes not expire for more than two yem. 4. What is the City policy Tegarding biådiug 011 contracts? Is there a dolJar amount above WÌIicb contracts should be bid? Is the Tmsh Hauling contrac¡ in excess of the amoum the City Policy would normally require to be bid? 5 What is the amount of the Trasb Hauling contract? What is the estimate after buildout oÎ all the new housing, commercial anå industrial projects? What is thc es'.imate after CPl adjustments? 6. Is the City aware that there are three competitors already in SaD Diego Conn!)' that can handle ccmtracts ofthis size? 7. Is the City aware that there are other prominent National and State-wide nau]ers not yet in San Diego County that would love the oppilliunity to have a prestigious account in San Diego County such as Chula Vista? . ----..----- - ---..--- .._._-~---_.- 8. The Staffrepon!ders to hcurrent ID!Ifke: COnditlOnsh. ...å1i::h make it convenient to n:gotiate now. These market condItions are not elaborated Whar are they? FraDChi!le Fer 1\-tOD~' J Why not return the franchise fee money directly to the ratepayers of Chula V ~a? The ratepayers of Chula Vista ~ paying ~I oftbis ,mon=)'. The mcreascd. fnmchise fees are . coming out of ntepayers' pockets. Ir the fumcmse f= were not so nigh, the retes shoule be 1ower. 2. I DO not understand the: c=Dt that the Înc= from B to 10% in the francbisc fee will be "at no cost to mtepayers" in Chu]a Vista. Isn't the francl1ise fee based on gross r=ipts1 3. Whatis the amount of franchisc fees actually co¡¡rin¡; out of~uI~ Vista mt:payer poc= OUITCntly? 4. What p=nt of tbe General FWld Budget do thesc fees reptCsent" Nonettlusive Provi~ions of the Contract ]. In August 199B, the City received testimony Îrom.hau1ers and conrr8ctors ·that it is no: in the 'best inrerests of Chula Vista propeny owx:.ers and contra.."!OTS to h¡rve a soJe SOIU'Ce for rol\-offIrasÌ\ 'box services. This concern has not been addressed in the Staffrepon. City StRffhas obvionslyalready done a10t ofnegoriating work with the incumbent hauler. Were these negotiaticns done at City Council direction? . , ~ J would appreciate a prompt reply. 'I am sure that there are concise and non-ambiguous answcs 10 the questions that I haY!: posed. These matters are of great significance 10 the Citizcnsand ratepayers of Chula Vista based en the size of the contract and the amount of mon:y 'b~.ng1Im1sfeJ7ed out of ratepayer¡;' pockets into the pockets of the franchised hauler and the City coffers. As a1ways,I am avai1ableto meet with you or City Staff to discuss anycfthese issues. l:;:?1J ~ Cc: Mr. John Kaheny. Cbula Vista City AltOmey Da~'e Row1ands, ChuJa Vista CÌt)' Manager Michael Meacltam, Chula Vista, Conservation Coordinator Kris Mur¡jhy, Open Competition Advocate Scott Barnett, San Diego County Taxpayers AssocIation , .. -._-_...__._---_.._.._--_...~--_.._-_._._--_..._-~~--~---- JUL-09-99 THU 04:26 PM DEBRIS. DOH :294'51'269 P.01 DEB~S I'. __ BC?;.~~ FAX 284-9288 10961 San Diego Mission Rd., 'te. 115, San DIego, CA 92108 July 8, 1999 Susan Bigelow, City Clerk City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Subject: Letters re Waste Management Franchise Renewal Dear Ms Bigelow: u --'- .~ -:' "11" p u~'~. ~? ~~ "'r-j ¡)':.D~I~?, -;;~:I~~ ::;, :~~.<1. s,:;: I::;:): I', ;0 Today, I received copies of the com:spondence received by the City concerning the Jwe 29, 1999 City Council Agenda Item on the Waste Management Franchise Renewal. 1 noticed that we had received copies ofIeltels from two demolition contractors that were not in the City's files. Attached are copies of these letters to make sure that your file is complete. hÇk' Gregg J. King JUL-ee-99 THU 04:26 PM DEÐRI~.ÐO~ 2849269 p.e2 -CEMENT CUTTING, INC.:' - - - --- - - - ': .- _....----- - - -- "'-' June 22, 1999 City OfCbula Vis1a 276 Fourth Ave. Cb.ula Visla,Ce 91910 Rø: Solid Waste Conlract Extension To Whom It May Concern: I am employed by a large demolition company and a resident of The City Of Chula V·,··" .. ,-. ~~..., '-' I ......, -ê, '.r r ~ np -r '~ '1" t"1"- .-,,~ .... .".,~. -'" ," . . ._, ,,, ___ - ," .<: '. ...._ ,;: ';C,".. It is my understanding that the new ordinance to re-new the Solid Waste Franchise Contract will not go out to Competitive Bid. Also, the franchise fee's will go from 8% to 13% to 15% with no reduction in residential rates. lfthis ordinance were subject to Competitive Bid, both the City Of Chula Vista And the people that reside in Chula Vista could all save some money and avoid paying higher disposal costs in the near future. G To negotiate a new agreement, in excess of$700 million dollars is irresponsible and malœs the city look greedy. The purposed ordinance does not exclude Temporary Bin Service from the Franchise. this increases the costs of doing business in Chula Vista, due to the Non- Competitive Nature of Franchise. I need the freedom of choice to determine who can best service my company. In thc last 12 years of demolition, it has been my experience, that Franchise City Haulers can not provide the service to complete my work efficiently. And so 1 urge you to vote against this proposed Ordinance. Sincerely, Rob Avant V t845 LOGAN AVENUE 0 SAN DIEGO. CA 92113 (619) 231.1735 olN SAN DIEGO COUNTY 1-800..564-1735 0 FAX (61')) 238.5725 JUL-ee-99 THU 04:27 PM DEÐRIS.BO~ 2849268 p.e:a; Jun-ZZ-99 lZ:Z2P G.D. HElL. INC. P.OI \v G. D. HEILJjVC DEMQYIIQNCONTRACTOR§ ~060 l-..or Sue.t, SIIite 106, Or. ,--'<11:. CallConlil 920S4 (160) "54-~)94 FIIX (7601754.)39'1 CðdIIaI:rOn Slate U_ 11659496 ...---...-- - - ~ ~:ta4¿' ....;r¿, ~ ~ CV ~.~~~~ . ~~~~-W~ '1''''· .~~~~.. ~. ·~~;k~~~"" ~ 2'~ø.l .,.~. i~" ~I ~ ~/ ~ ~r ~~ ~--do ~ ~~ ~~- ~~~~ ~~, ~~~ ~.~~~~ __~~,(t_J y~~~ ~ ~cc.- ~~ ~~ ~~ . ~ ~ ..A . . Gh.I1-It.-(,'1!: 9 I~ 1,--- \v 1: <e..¡o ð>«.S'....,J f".{ r ~ ]'011- () .R:). H~j ( - . CITY COUNCIL MEETING - JUNE 29, 1999 ITEM: WASTE MANAGEMENT FRANCHISE RENEWAL CONCERNS · NO RFP OR COMPETITION · SIZE & LENGTH OF PROPOSED CONTRACT · HIGH PERCENT AGE OF FRANCHISE FEES · CONSTRUCTION & DEMOLITION INDUSTRY ISSUES NOT RESOLVED · "BEST DEAL" POSSIBLE FOR THE CITY HAS NOT BEEN MADE GREGG KING dba DEBRIS BOX 554 DAWN COURT Tel 284-9245 CHULA VISTA, CA 91910 Serving the Construction & Demolition Industry with Roll-off Box Service ----- --------~_._-_. .,-,---_.------------- CITY COUNCIL MEETING - JUNE 29, 1999 ITEM: WASTE MANAGEMENT FRANCHISE RENEWAL 1. THIS PROPOSED FRANCHISE EXTENSION HAS BEEN NEGOTIATED WITHOUT THE BENEFIT OF AN RFP OR COMPETITION. THE PUBLIC WAS ASSURED AT THE 8/4/98 CITY COUNCIL MEETING THAT AN RFP WOULD BE ISSUED AT THE TERMINATION OF THE EXISTING CONTRACT, WHICH EXPIRES IN SEPTEMBER 2002. THERE HAS BEEN NO PUBLIC HEARING TO CHANGE THIS POLICY. STAFF CAME TO THE CITY COUNCIL WITH A NEGOTIATED AGREEMENT ON 6/8/99. WHO DIRECTED STAFF TO NEGOTIATE A LONG-TERM EXTENSION? WHY THE CHANGE IN POLICY? - ---.-----"---.. ._..._-_._---_.._--_.~.- CITY COUNCIL MEETING - JUNE 29, 1999 ITEM: WASTE MANAGEMENT FRANCHISE RENEWAL 2. THIS CONTRACT HAS A VALUE SOMEWHERE BETWEEN $631 million AND $1 billion 169 million. THECONTRACT~LLRUNTHROUGH THE YEAR 2029 - 30 YEARS. A CONTRACT OF THIS SCOPE SHOULD BE BID PERIODICALLY. _____". __ _ ___"_Wn _ ____ __.""____~__~___.__ CITY COUNCIL MEETING - JUNE 29, 1999 ITEM: WASTE MANAGEMENT FRANCHISE RENEWAL 3. THE CITY IS TAKING 150/0 OF THE REVENUE PAID BY THE RA TEPA YERS AS FRANCHISE FEES INTO CITY COFFERS. THE CURRENT FRANCmSE FEE IS 8%. THE CITY LOOKS GREEDY. -...... ..~_.__._~..__. ...-..--------- . City of Chula Vista Growth in Trash Bill Per Ordinance 2792 FRANCHISE FEES FROM PAID BY RATEPAYERS RA TEPA YERS TO CITY Case 1 Case 2 Case 1 Case 2 CPI2% CPI2% Franch % Franch % Year Grow 4% Grow 3% Fee Bill Fee Bill 1 12,000,000 12,000,000 1,778,000 14.8% 1,778,000 14.8% 2 12,604,800 12,483,600 1,897,020 15.0% 1,884,900 15.1% 3 13,240,082 12,986,689 1,979,644 15.0% 1,954,305 15.0% 4 13,953,097 13,554,462 2,070,615 14.8% 2,030,751 15.0% 5 14,704,511 14,147,058 2,166,016 14.7% 2,110,270 14.9% 6 15,496,390 14,765,561 2,266,070 14.6% 2,192,988 14.9% 7 16,330,914 15,411,106 2,371,016 14.5% 2,279,035 14.8% 8 17,210,379 16,084,873 2,481,100 14.4% 2,368,549 14.7% 9 18,137,206 16,788,097 2,596,585 14.3% 2,461,674 14.7% 10 19,113,946 17,522,066 2,717,744 14.2% 2,558,556 14.6% 11 20,143,285 18,288,124 2,844,869 14.1% 2,659,353 14.5% 12 21,228,058 19,087,673 2,978,262 14.0% 2,764,224 14.5% 13 22,371,248 19,922,179 3,118,245 13.9% 2,873,338 14.4% 14 23,576,002 20,793,169 3,265,154 13.8% 2,986,871 14.4% 15 24,845,636 21,702,238 3,419,344 13.8% 3,105,004 14.3% 16 26,183,643 22,651,051 3,581,188 13.7% 3,227,929 14.3% 17 27,593,705 23,641,346 3,751,079 13.6% 3,355,843 14.2% 18 29,079,704 24,674,936 3,929,430 13.5% 3,488,953 14.1% 19 30,645,727 25,753,714 4,116,676 13.4% 3,627,475 14.1% 20 32,296,085 26,879,656 4,313,275 13.4% 3,771,632 14.0% 21 34,035,320 28,054,824 4,519,709 13.3% 3,921,659 14.0% 22 35,868,217 29,281,370 4,736,484 13.2% 4,077,799 13.9% 23 37,799,821 30,561,539 4,964,134 13.1% 4,240,306 13.9% 24 39,835,448 31,897,678 5,203,221 13.1% 4,409,444 1'3.8% 25 41,980,698 33,292,231 5,454,337 13.0% 4,585,490 13.8% 26 44,241,476 34,747,754 5,718,102 12.9% 4,768,730 13.7% 27 46,624,003 36,266,912 5,995,174 12.9% 4,959,465 13.7% 28 49,134,B37 37,852,487 6,286,240 12.8% 5,158,005 13.6% 29 51,780,885 39,507,383 6,592,028 12.7% 5,364,678 13.6% 30 54,569,431 41,234,630 6,913,301 12.7% 5,579,820 13.5% 31 57,508,147 43,037,391 7,250,863 12.6% 5,803,787 13.5% 32 60,605,122 .44,918,969 7,605,562 12.5% 6,036,947 13.4% 28 YEARS 740,274,239 631,092,393 100,518,734 13.6% 89,600,549 14.2% 32 YEARS 964,737,825 799,790,766 128,880,487 13.4% 112,385,781 14.1% . ._.__.__U~~._'__.~..._..___ .._._.___._... .~___. ',' ..__~_.__~__._.___ City of Chula Vista Growth in Trash Bill Per Ordinance 2792 PAID BY RA TEPA YERS FRANCHISE FEES FROM Case 3 Case 4 RATEPAYERS TO CITY CPI2% CPI2% Case 3 Case 4 Year 5yrs Grow 7% Franch % Franch % then Grow 4% Grow 5% Fee Bill Fee Bill 1 12,000,000 12,000,000 1,778,000 14.8% 1,778,000 14.8% 2 12,968,400 12,726,000 1,933,380 14.9% 1,909,140 15.0% 3 14,014,950 13,495,923 2,057,131 14.7% 2,005,229 14.9% 4 15,195,743 14,359,473 2,194,880 14.4% 2,111,253 14.7% 5 16,476,021 15,278,278 2,343,167 14.2% 2,223,392 14.6% 6 17,864,165 16,255,874 2,502,848 14.0% 2,342,019 14.4% 7 18,826,200 17,296,023 2,620,544 13.9% 2,467,527 14.3% 8 19,840,044 18,402,726 2,744,066 13.8% 2,600,335 14.1% 9 20,908,486 19,580,243 2,873,713 13.7% 2,740,888 14.0% 10 22,034,467 20,833,104 3,009,796 13.7% 2,889,660 13.9% 11 23,221,084 22,166,131 3,152,649 13.6% 3,047,153 13.7% 12 24,471,605 23,584,453 3,302,617 13.5% 3,213,902 13.6% 13 25,789,469 25,093,528 3,460,067 13.4% 3,390,473 13.5% 14 27,178,304 26,699,163 3,625,384 13.3% 3,577,470 13.4% 15 28,641,932 28,407,535 3,798,974 13.3% 3,775,534 13.3% 16 30,184,380 30,225,220 3,981,262 13.2% 3,985,346 13.2% 17 31,809,894 32,159,211 4,172,698 13.1% 4,207,630 13.1% 18 33,522,945 34,216,950 4,373,754 13.0% 4,443,155 13.0% 19 35,328,250 36,406,356 4,584,929 13.0% 4,692,739 12.9% 20 37,230,775 38,735,853 4,806,744 12.9% 4,957,252 12.8% 21 39,235,757 41,214,405 5,039,752 12.8% 5,237,617 12.7% 22 41,348,712 43,851,550 5,284,533 12.8% 5,534,817 12.6% 23 43,575,456 46,657,435 5,541,697 12.7% 5,849,895 12.5% 24 45,922,116 49,642,858 5,811,888 12.7% 6,183,962 12.5% 25 48,395,151 52,819,306 6,095,782 12.6% 6,538,197 12.4% 26 51,001,365 56,199,002 6,394,091 12.5% 6,913,855 12.3% 27 53,747,931 59,794,951 6,707,567 12.5% 7,312,269 12.2% 28 56,642,408 63,620,991 7,036,997 12.4% 7,734,856 12.2% 29 59,692,760 67,691,844 7,383,215 12.4% 8,183,124 12.1% 30 62,907,383 72,023,174 7,747,096 12.3% 8,658,675 12.0% 31 66,295,121 76,631,649 8,129,560 12.3% 9,163,213 12.0% 32 69,865,299 81,535,002 8,531,580 12.2% 9,698,550 11.9% 28 YEARS 847,376,010 871,722,542 111,228,911 13.1% 113,663,564 13.0% 32 YEARS 1,106,136,573 143,020,362 12.9% 149,367,126 12.8% ~ "--- ___ ~..___~___m___.__._ CITY COUNCIL MEETING - JUNE 29, 1999 ITEM: WASTE MANAGEMENT FRANCHISE RENEWAL 4. THE PROPOSED FRANCHISE AGREEMENT & ORDINANCE DO NOT ADDRESS THE CONSTRUCTION & DEMOLITION SERVICE & PRICING PROBLEMS DOCUMENTED BY CONTRACTORS. THE CITY COUNCIL SHOULD TAKE ACTION TO PERMIT ADDITIONAL HAULERS FOR TEMPORARY BINS - - ~- - "'-. -. -~_. ..-----..-"".--.'" CITY COUNCIL MEETING - JUNE 29, 1999 ITEM: WASTE MANAGEMENT FRANCHISE RENEWAL 5. THE INCUMBENT HAULER HAS LOST A FRANCHISE CITY SINCE THIS PROPOSED AGREEMENT WAS DRAFTED. THIS HAULERlLANDFILL OWNER NEEDS OUR CITY ENOUGH TO BID VERY LOW IN A COMPETITION. AN RFP CAN & SHOULD INCORPORATE THE POINTS NEGOTIATED BY STAFF. ----- - -.- - - -- -..-.----- ._._-------~---_.._- DEB§l( , BO I "j (619) 284-9245 FAX 284-9268 10981 San Diego Mission Rd., Sto. 115, San Diogo, CA 92108 June 7,1999 Mayor Shirley Horton City ofChula Vista Third Avenue Chula Vista, CA 91910 Re: June 8, 1999, Agenda Item #8 Solid Waste Franchise Agreement Extension Dear Mayor Horton: I am a resident of Chula Vista and our Company currently provides roll-off trash box service to the construction and demolition industry. I have the following questions and comments regarding the June 8, 1999, Agenda Item #8. My understanding is that this item authorizes a resolution for City Staff to present a negotiated extended exclusive Franchise Agreement with the incumbent hauler, Pacific Waste Services. Why not bid this contract? 1. At the August 4,1998, City Council meeting, the expressed intent of the City Council was to bid the Trash Hauling contract when the current contract expires in 2002. Why has there been a change of heart? 2. The City ofImperial Beach has elected to place their solid waste contract up for bid. The results are expected to be announced the week of Jlme 14, 1999. Why not wait until the results of this bid process are available to see if there are more favorable market conditions? These results are expected in less than two weeks. 3. In the City of Escondido, there is an initiative process and special election under way to require competitive bidding on the solid waste contract. Why not wait and see the results of the special election and bid process in Escondido? There is no rush here in Chula Vista - the current contract does not expire for more than two years. 4. What is the City policy regarding bidding on contracts? Is there a dollar amount above which contracts should be bid? Is the Trash Hauling contract in excess of the amount the City Policy would normally require to be bid? S. What is the amount of the Trash Hauling contract? What is the estimate after buildout of all the new housing; commercial and industrial projects? What is the estimate after CPI adjustments? 6. Is the City aware that there are three competitors already in San Diego County that can handle contracts of this size? 7. Is the City aware that there are other prominent National and State-wide haulers not yet in San Diego County that would love the opportunity to have a prestigious account in San Diego County such as Chula Vista? ".....__ ___.__,~._~_._m__.. 8. The Staff report refers to "current market conditions", which make it convenient to negotiate now. These market conditions are not elaborated. What are they? Francbise Fee Monev l. Why not return the franchise fee money directly to the ratepayers of Chula Vista? The ratepayers of Chula Vista are paying all of this money. The increased rranchise fees are coming out of ratepayers' pockets. If the franchise fees were not so high, the rates should be lower. 2. I do not understand the comment that the increase rrom 8 to 10% in the rranchise fee will be "at no cost to ratepayers" in Chula Vista. Isn't the rranchise fee based on gross receipts? 3. What is the amount of rranchise fees actually coming out of Chula Vista ratepayer pockets currently? 4. What percent of the General Fund Budget do these fees represent? Nonexclusive Provisions of tbe Contract 1. In August 1998, the City received testimony rrom haulers and contractors that it is not in the best interests of Chula Vista property owners and contractors to have a sole source for roll-off trash box services. This concern has not been addressed in the Staff report. City Staff has obviously already done a lot of negotiating work with the incumbent hauler. Were these negotiations done at City Council direction? I would appreciate a prompt reply. I am sure that there are concise and non-ambiguous answers to the questions that I have posed. These matters are of great significance to the Citizens and ratepayers ofChula Vista based on the size of the contract and the amount of money being transferred out of ratepayers' pockets into the pockets of the ITanchised hauler and the City coffers. As always, I am available to meet with you or City Staff to discuss any of these issues. Ü!~ Cc: Mr. John Kaheny, Chula Vista City Attorney Dave Rowlands, Chula Vista City Manager Michael Meacham, Chula Vista, Conservation Coordinator Kris Murphy, Open Competition Advocate Scott Barnett, San Diego County Taxpayers Association - - - - ---.--..-...-----".-.-- June 21, 1999 Distribution List for June 21, 1999 Memo Re: Solid Waste Franchise Extension Public Hearing Citv Council Shirley A. Horton, Mayor Patty Davis John S. Moot Stephen C. Padilla Mary Salas Citv Manager David D. Rowlands, Jr. Citv Attornev John M. Kaheny Citv Clerk Susan Bigelow Conservation Coordinator Michael Meacham "--...-...- . - ---------....-.-----. ...-..---,,--.... DEB~ BO ~ (619) 284-9245 ~~ /{J Jt " FAX 284-9268 10981 San Diego Mission Rd., Ste. 115, San Diego, CA 92108 . June 21, 1999 City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Big Mistake with Solid Waste Contract Extension Dear Councilmembers: It is my understanding that the City Council has scheduled a June 22, 1999, Public Hearing on an Ordinance to renew the Solid Waste Franchise. The proposed Ordinance is not in the best interests of the ratepayers of Chula Vista. 1. The total value of the contract is in excess of $700 million (maybe $800 or $900 million depending on growth and CPI factors). This size of contract should be subject to competitive bid. To award this Franchise without bidding is inconsistent with existing City bidding policies and inconsistent with good business practices. 2. The Proposal per the Agenda Statement Attachment of June 8, 1999 indicates an increase in the Franchise Fee with no reduction in residential rates. The Proposed Ordinance means that anywhere from 13 to 15% of the trash bills paid by ratepayers goes to the City. Currently, 8% of the trash bill goes to the City as Franchise Fees. Why not reduce the Franchise Fee and the Trash Bill? Let's give something back to the ratepayers. Franchise Fees in the 13-15% range make the City look greedy. 3. The City spent days of Public Hearings on the annual $70 million budget. This proposed Ordinance dwarfs the size of the budget, yet I can't get an answer to my June 7, 1999, written inquiries. I can't get an appointment to see the Mayor. Why is everybody so secretive? 4. The policy stated at the August 8, 1998, City Council Meeting was to bid the Solid Waste Franchise Agreement when the existing contract expires. - When did the Çity Policy change? - At what City Council Meeting was Staff directed to negotiate a new agreement? - Why the unexplained change of Policy? --.--..-- ,_...__.__._~-_. S. This ordinance looks especially bad considering the current economic and political environment. - Imperial Beach bid their Solid Waste Contract and received rate reductions of 4% for their ratepayers. - Escondido currently is in a Special Election Campaign to let the voters decide on the merits of competition. - The incumbent hauler has lost the exclusive contract in Imperial Beach and should be especially motivated to bid low. 6. The proposed ordinance does not exclude temporary bin service from the Franchise. There was testimony from contractors both in August 1998 and currently that temporary service such as provided during construction and demolition should not be included in an exclusive solid waste contract. There is no reason to rush on this agreement. The current contract has three more years to run. I urge you to vote against this proposed Ordinance. I am available to answer any questions you may have at 284-9245. h~! Gregg 1. King _______._.u.___ m_.. "__0._ .".._...__.___~ _ ___, . ___._____.u_.. DEB~ BO - (619) 284-9245 FAX 284-9268 10981 San Diego Mission Rd., Ste. 115, San Diogo, CA 92108 June 25,1999 Mr. David D. Rowlands, Jr. City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Proposal for Temporary Trash Service in Chula Vista Dear Mr. Rowlands: There is an alternative way to the proposed Franchise Agreement that would preserve administrative control over solid waste hauling in Chula Vista, allow the competition and service levels needed by contractor and demolition (C&D) companies, and provide franchise fee income to the City. \. The City permits solid waste haulers that qualify to haul temporary service. The City can define temporary service to include C&D and possibly one-trip Cleanup jobs. 2. The City requires that all solid waste be hauled to the Otay Landfill. 3. The City charges a per ton rranchise fee. This would be easily auditable via the tonnage reports already provided monthly and quarterly by the landfill. 4. The permitted haulers report monthly or quarterly their tonnage and franchise fees and pay within 20 or 30 days after the end ofthe period. This alternative satisfies C&D companies working in Chula Vista, as it would allow them the rreedom of choice to choose their own service provider. The City would be able to collect franchise fees on cleanup crews and end-dump services where it is currently not collecting any fees. I welcome the opportunity to discuss this alternative with you. /~~!r Cc: Shirley Horton, Mayor -----~_._-- ._-_.~_..._-_.._"._--- ------- ~~~~- COUNCIL AGENDA STATEMENT q Item: Meeting Date: 6/29/99 ITEM TITLE: A) Resolution /95Í 1'pproving First Amendment to the contract with the Chula Vista Chamber of Commerce to provide Chula Vista Convention and Visitors Bureau Promotion Services B) Resolution ;q91 Approving Fifth Amendment to the contract with the Chamber of Commerce to provide Visitor and Transit Information Services at the Chula Vista Visitor Information Center and Chamber of Commerce Main Office SUBMITTED BY: D"Puty City Mmmg~ "'"'E' Krempl f Public Information Officer Jeri Gulbran REVIEWED BY: Principal Manag~ Analyst Pablo . antan City Manager ¡; pv.-J (4 ths Vote: Yes _ No..lQL Pursuant to Council Policy #230-01, as approved 3/21/95, staff has negotiated a contract extension with the Chula Vista Chamber of Commerce for operation of a Chula Vista Convention and Visitors Bureau and the performance of certain designated visitor and convention promotional services. This proposed contract runs through the end of fiscal year 1999-2000. A corresponding one year extension to the existing contract with the Chamber for operation ofthe Visitor Information Center is also recommended. Since Council policy stipulates a review five years after its adoption date, City staff intends to bring a mid-year report to Council fully examining the five-year history of the Chula Vista Convention & Visitors Bureau and operation of the Visitor Center with recommendations for future operations. RECOMMENDATION: That the Council approve the resolutions: A. To adopt a one-year contract extension with the Chamber of Commerce for Convention and Visitors Bureau promotional services with the direct compensation totaling $111,473 and B. To adopt a one-year amendment to the existing Chamber contract to operate the Chula Vista Visitor Information Center. BOARD/COMMISSION/BUSINESS COMMUNITY RECOMMENDATIONS: Staff has worked with the Chamber of Commerce to finalize this contract and they concur in the staff recommendations. BACKGROUND In 1994, in conjunction with consideration of the scheduled rate increase in the Transient Occupancy Tax (TOT), Council received a request rrom the Chamber of Commerce and Chula Vista Motel Association to create a Convention and Visitors Bureau. Similar bureaus serve Escondido, Carlsbad, Coronado, East County, and the San Diego metropolitan area. These groups typically conduct advertising campaigns, produce brochures, attend trade shows, and operate tourist-oriented facilities. 9-/ - The focus of the Chula Vista bureau, as established in 1995, is to promote Chula Vista destinations, including the U.S. Olympic Committee's ARCO Olympic Training Center (OTC), Coors Amphitheatre, Nature Center, White Water Canyon, Chula Vista Yacht Harbor, local motels, restaurants, shopping and other related activities. This bureau also promotes Chula Vista during major conventions and events in the region, including the January 1998 Super Bowl and last fall's World Series. On March 21,1995, Council approved increasing the TOT rate rrom 8% to 10% along with a policy (#2301-01, see Attachment #4) and a draft budget for a Convention & Visitors Bureau. The funds to operate the Convention & Visitors Bureau were included in the approved City budget for fiscal year 1995-96, subject to negotiation of a contract with the Chamber. According to that policy, a one-year Convention & Visitors Bureau contract would be executed with the Chamber of Commerce during the course of each year's budget consideration. Guidelines for the contract dollar amount also are set forth in that policy. The policy also calls for a review five years after the adoption date (which is in 2000) including the appropriateness of continuing to establish visitor and convention promotion budgets in relationship to the amount of TOT revenue collected, the guidelines for such relationships, and the appropriateness of the Chamber of Commerce continuing to act as the contracting arm of the Visitors & Convention Bureau compared to other organizational arrangements such as the establishment of a stand-alone Visitors & Convention Bureau. On a related subject, the City has had a contract with the Chamber for operation of the Visitor Information Center at the Bayrront Trolley Station and the provision of general, visitor and transit information at both that location and the Chamber main office. Several of the items provided in that contract (i.e. operating subsidies) are identified in this contract as part of the City's responsibilities toward the bureau (See part B below). CONVENTION & VISITORS BUREAU ISSUES As a result ofthe strong economy and increased tourism throughout California, major events like the Super Bowl and World Series in the region, and the opening of the Coors Amphitheatre locally, TOT income has increased during the past year. This increases the total budget proposed for Chula Vista Convention & Visitor Bureau activities, Visitor Center subsidy and other expenses rrom $146,958 in FY '98-99 to $166,861 in FY '99-00. The proposed contract is for a portion of that total ($111,473), with the remainder ($55,388) of bureau-related services to be administered by the City or separately contracted by the City (see following tables). This contract is a formalization of the information presented in the proposed FY 99-00 Community Promotions budget. Increases in this year's budget include $20,000 more for staffing (an increase in pay for the director and part-time clerical staft), an increase in advertising rrom $21,000 to $25,000, an increase in office costs including phone and postage (rrom $1,400 to $3,500) to better reflect the actual demand, and a raise for travel/conferences rrom $1,400 to $2,500. Other line items that are the same as FY 98-99 are brochure printing, S.D. ConVis membership/advertising, accounting/bookkeeping and office rent. The overall Chula Vista Con Vis budget and several of the line items are recommended to increase for FY 99-00. The operation of Con Vis generally has been very successful and grown during the past several years, however, the City discovered that funding earmarked for advertising, brochure printing and other functions was transferred to support the Visitor Center operation (see further discussion under VIC issues). In the future, with full expenditure of all Con Vis budget items, Con Vis will have the ability to maximize its potential to a greater extent. 7-2 .. I n In addition, after reviewing the Chula Vista ConVis fmancial statements provided by the Chamber, staff found that there was a $13,000 payment made to the Chamber of Commerce rrom Chula Vista Con Vis funds which had not been budgeted. Because this needs to be accounted for and restored, it is being recommended that this $\3,000 be repaid in two years fÌom the Chamber Information Services portion of the budget. Therefore this amount has been decreased by $6,500 in the budget presented for Council's approval. Other than the new term, scope of services and transfer clause, this contract amendment continues the conditions approved in 1997-99. The projects to be undertaken and their budget amounts are divided into Chamber (Part A) and City (Part B) responsibilities. Payments for the Part A Chamber-provided services would be made on a quarterly basis in conjunction with quarterly reports rrom the Chamber presenting appropriate project and accounting data. Part A - Stand-Alone Items: Administered by the Chamber via contract: Marketing Staff $53,173 San Diego Con Vis Memberships, Advertising $10,000 Brochure distribution $1,500 Advertising Budget $25,000 Brochure Printing $10,000 Office Costs (supplies, phone, postage) $3,500 Accounting/Bookkeeping $3,400 Travel/Conferences/City Marketing $2,500 Office Rental $2,400 TOTAL $111,473 Part B - Joint Items: Administered by the City: Chamber of Commerce - Visitor Center Subsidy $15,000 (Annual maximum) Visitor Center Utilities $18,000 Chamber Information Services $188 ($6,688 less $6,500 repayment) City Repayment $6,500 Public Information/Design staff $5,000 Visitor Center DisplaysÆxhibits $2,000 Visitor Center maintenance $7,500 Contract Administration $1,200 TOTAL: $55,388 9-3 VISITOR INFORMATION CENTER ISSUES The Bayrront/E Street Trolley Station is jointly owned and operated by the City of Chula Vista, County of San Diego, and the Metropolitan Transit Development Board (MTDB). The site includes the Visitor Information Center which is co-owned by the City and County, and has been administered by the City under a separate agreement. The center serves a daily average of more than 300 people who request visitor or transit information. Since opening in 1986, the Visitor Information Center has had four operators. In 1986 and 1990, the City issued requests for proposals (RFP). The major objectives of the Visitor Information Center were defined as follows in both RFPs: 1. To provide mass transit information and ticket sales to trolley and bus riders. 2. To provide accurate information to visitors concerning Chula Vista and the San Diego region including Tijuana and Baja, Mexico. 3. To present a positive image of the City, the Bayrront and the South Bay region, and to promote visitor-serving attractions and businesses in the City. 4. To minimize the City/County costs related to the operation of the Center. The City also emphasized that operators should give a preference for Chula Vista promotions, referrals and display materials, and maintain a fully-stocked brochure rack on regional attractions. Prior to the contract with the Chula Vista Chamber of Commerce in December of 1994, the Visitor Information Center was operated by the Visitor Information Agency rrom 1986-1987; Charles Costa Enterprises rrom 1987 to 1990; Urban Convenience Corporation, a subsidiary of Starboard Financial Corporation, rrom 1990 to 1991; and The Kobey Corporation rrom 1991 to 1994. The contract terms varied with several operators providing more retail options, selling advertising, and paying the City monthly rent or a portion of the gross sales. However, the net result has been that none operated the center at a profit. In addition, since its opening the City has paid the costs of utilities, exterior maintenance, major improvements and landscaping. After considering four proposals to run the Visitor Information Center, in late 1994 the Council approved a contract with the Chula Vista Chamber of Commerce. The contract included a one- time city subsidy of $1 0,000 to purchase Chula Vista-related memorabilia for resale, and an agreement to share an operating loss up to an annual maximum of$IS,OOO if the center failed to operate in a self-sufficient manner. In 1995 and 1996, the main goals were to get the visitor center up and running as well as make major capital improvements to that facility. The former breezeway was enclosed adding 470 square feet and a 67 percent increase in usable retail/visitor information display space, related HV AC work, construction of backlit advertising display boards and large mural-sized photos, additional landscaping, painting and ADA improvements. The full $15,000 City subsidy was paid each of those years. In the report to the City Council on June 24, 1997, based on the information provided to the City, it appeared as though the Visitor Center finances had stabilized and, in fact, during some quarters might be at the break-even point. At that time, the Chamber requested reducing the amount of the ongoing Visitor Center subsidy to a maximum of$12,000 per year. In the 1997 report, staff said that "this should provide a solid middle-stage for the Convention & Visitors Bureau for the Chamber and (City) staff to further evaluate whether the operation can eventually be spun off as a separate entity. By the time the contract next comes up for review, this issue can be reevaluated in terms of the new water park, pending MCA (Universal Concerts) amphitheatre opening, and 7-~ other tourist/visitor development." However, within the past month, City staff has discovered that this was not an accurate assessment of the Visitor Center status. The Visitor Center's activities have been supported by substantial transfers during the past two years rrom Chula Vista Con Vis funds to the Visitor Center totaling $53,800 with $23,500 repaid to Con Vis for a net of $30,300 that had not appeared on previous financial statements from the Chamber. The information regarding these transfers really brought to the forerront the fact that the operation of the Visitor Center is running an annual deficit of$IS,OOO. City staff has adjusted the budget for FY 1999-2000 to reflect a $15,000 subsidy. With the limited retail opportunities at the Visitor Center plus the main focus on service to the tourist and information, it is not surprising that a subsidy to the operation is required. Nonetheless, this will also be part of the City's mid-year evaluation. The existing contract with the Chamber of Commerce for operation of the Visitor Information Center and provision of general, visitor and transit information services also expires on June 30, 1999. Although the original contract provided for three, three-year options to extend, it is the recommendation of staff to extend this contract for one year, to coincide with the Con Vis contract. This is seen as a transitional contract term which should either pave the way for further long term extension or eventual spin-off of the Chula Vista Convention & Visitors Bureau into a stand alone agency. CONVENTION & VISITOR BUREAU ACTIVITIES With the earlier goals of Visitor Center improvements and stabilizing the ConVis marketing staff accomplished (the current director has been with the bureau since March of 1997), Chula Vista Con Vis now is emphasizing joint marketing with Chula Vista's new visitor attractions (White Water Canyon and Coors Amphitheatre) and existing facilities (Olympic Training Center and Nature Center), establishing contact with visitor-serving organizations in the region, and promoting the City to visitors and tourists. The Con Vis staff conducted three separate familiarization trips for destination management companies (DMC's), convention planners and staffrrom San Diego ConVis that are in a position to bring large groups of tourists here. All three groups had extensive tours of the Nature Center, White Water Canyon, Coors Amphitheatre and the Olympic Training Center. ConVis staff support was also given to numerous special events including Harbor Days, the second annual Bird and Nature Festival, the Black Film Festival, Lemon Festival and Taste of the Arts. Con Vis placed advertisements in the State of California Visitor's Guide and the San Diego ConVis Visitor's Planning Guide which generated more than 3,000 requests for information about Chula Vista. The Con Vis website is up and running with the option of updating information and calendar of events monthly. Working with City staff, a new visitor brochure/folder was designed and printed with accompanying inserts for Dining and Lodging, Attractions and Calendar of Events. These will be available at all venues, the Visitor Center, the Chamber office and City Hall as well as used for Con Vis mailings. The Con Vis staff is one of the active participants in a group comprised of the four visitor attractions and the City which was formed to develop cooperative marketing and promotional activities. At the Visitor Information Center a newer, more cost-effective A TM machine was installed which currently generates 300 transactions a month. An ETM machine also was installed which allows visitors to purchase tickets to attractions and concerts directly rrom the machine. New items such as sunglasses and phone cards are now provided due to demand rrom visitors. 9-S- FISCAL IMPACT As proposed in the fiscal year 1999-2000 budget, the total Convention and Visitors Bureau budget is $166,861. This compares to a total of$146,958 in FY 1998-99 and $137,500 in FY 1997-98. Of the $166,861 total budget, $111,473 is set aside for contractual services with the Chamber. The remaining $55,388 is administered by the City, with many items related to the operation of the Visitor Center and covered by a separate contract. The fifth amendment to the Visitor Center contract that is being recommended would extend that agreement through June 30, 2000, to be co- terminus with the new one-year Chula Vista Convention and Visitors Bureau contract. All the items in the Con Vis contract (as summarized in Charts A and B above) are included in the proposed FY 1999-2000 budget, thus, no further appropriation is necessary. Attachments: l. Resolutions 2. Contract and First Amendment to Provide Convention & Visitors Bureau Promotion Services 3. Contract and Fifth Amendment to Contract to Provide Visitor and Transit Information 4. Council Policy #230-01 9~b Attachment -4- COUNCiL POL!CY CIli' OF CHULA V:S'TA SUBJEcr: SUPPORT FOR A æULA VJSTA VJSITORS POLICY EFFECfIVE AND CONVENTION BUREAU, SUBJECT TO NUMBER DATE PA, ANNUAL APPROVAL OF A BUDGET AND REI.Þ.TID CONTRACT 230-01 07-01-95 1 OF 2 .. ADOPTED BY: Resolution No. 17843 I DATED: 03-21-95 BACKGROUND Particularly given the immÏD ~nt opening of the Olympic Training Center ÏD Q,uJa VIStA, the City desires to promote tourism and the Cir.. s visitor· oriented amaroons and facilities. VlSitor promotion and fuDding bas also been discussed ÏD the cúntext of considering wbether to abate the Transient Occupancy Tax (T.O.T.) OD April 1, 1995 from 10% to an amount not less thllD B%. PURPOSE The puzpose of this policy is to provide guidelines for the amount and use of Visitors and ConveDtiOI> Promotion Funds. POLlCY 1. During the annual budget proœss, the City Council will consider the ildoption of a Cbula Vista Visitors and Convention Promotion Budget for the following fiscal year. It shaD be the policy of the City .' -r the Visitors and Convention Promotion Budget should be funded from Genual Fund sources other the T.O.T., ÏD an amount addressed ÏD paragraphs 2 and 3 below. In implementing this policy, th. T.O.T. revenues collected may be a measure of the amount of the appropriation, but not the source of funds used for the appropriation. 2. It is the policy of the City Council to direct staff to prepare a proposed FY 1995·96 VISitors and Convention Promotion Budget, for Council's consideration during its FY 95·96 budget deliberations, ÏD an amount of $150,000. 3. For FY 1996-97 and the three consecutive fiscal years thereafter, it shall be the policy of the City Council to direct staff to prepare proposed Visitors and COn\. .,tion Promotion Budgets, for CounciJ's I consideration ÏD its annual budget deliberations, in amounts measured by the amount ofT.O.T. revenue 1 collected ÏD the most reœnt 1-year period for which data is then available (typically April throu~h , March) based on the following guidelines: - If the annual T.O.T. revenue is n.5 million or less, the proposed Visitors and Convention Promotion Budget would be an amount equivalent to 10% of the T.O.T. revenue collected. - If the annual T.O.T. revenue is more thllD n.5 million IIDd less thllD $2.5 million, the proposed Vtsiton and Convention Promotion Budget would be $150,000 p1us an 81Dount equivalent to 5% of the T.O.T. revenue ÏD exœss of S1.5 million. This guideline would thus result ÏD a maximum proposed annual VISitors and Convention Promotion Budget of S200,~. J ! /: ;:-". - . -.. ì . . . .-\:,. \ .~. ~~-l-/t 5~~ 9~/ ------ ..-....-.....------ COUNCIL POLICY CITY OF CHULA VISTA UBJECT: SUPPORT FOR A æUl.A VISTA VISITORS POLICY EFFECTIVE ANDCONVEm10N BUREAU, SUBJECT TO NUMBER DATE PAGE ANNUAL APPROVAL OF ^ BUDGET AND RELATED CON'ffiACT 230-01 07-01-95 2 OF 2 _DOPTED BY: Resolution No. 17843 I DATED: 03-21-95 - If the annual T.O.T. revenue exceeds 52.5 million, the proposed VlSitors and Convention Promotion Budget would be 5200,000. The City would then review this CounciJ Policy, including discussing it wi!b !be Chamber of Commerce and the Chula Vista Motel Association, to determine whe!ber!be policy should be revised to provide any additional guidelines for proposed Visitors and Convention Promotion funding beyond the 5200,000 maximum proposed annual am ount provided in this policy. 'The Chula Vista Clamber of Commerce and !be Chula Vista Mote! Association are forming a Clula Vista VlSitors and Convention Bureau, and representatives of !bose agencies and !be City will be involved in formulating a proposed Visitors and Convention Promotion Budget to be considered by , the City CounciJ each fiscal year. It is anticipated that some projects included in the Visitors and Convention Promotion Budget will continue to be administered by the City or be for services for , which !be City has previously contracted with the Clamber of Commerce. It is also anticipated that a significant portion (probably the majority) of the Visitors and Convention Prom otion Budget will be for specified services for which !be City will execute an annual one·year contract wi!b the Chamber of Commerce, on behalf of the Visitors and Convention Bureau. The Clamber will provide ! quarterly reports to !be City to be specified in the annual contract, including appropriate accountiDg data. , . This policy shaD be set for review approximately five years after its adoption date. That review : should include, but Dot be limited to, the appropriateness of continuing to establish Visitors and Convention Promotion budgets in relationship to the amount of T.O.T. revenue collected, the guidelines for such relationships, and the appropriateness of the Chamber of Commerce continuing to act as the contracting arm of the Visitors and Convention Bureau compared to other organizational anangements such as the establishment of a sand·alone VISitors and Convention , Bureau. I . i .. ¡ , .;?-1 ~- 7~? '~-ç~ RESOLUTION NO. /95/# RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO THE CONTRACT WITH THE CHULA VISTA CHAMBER OF COMMERCE TO PROVIDE CHULA VISTA CONVENTION AND VISITORS BUREAU PROMOTION SERVICES WHEREAS, pursuant to Council Policy #230-01, as approved 3/21/95, staff has negotiated a contract with the Chula vista Chamber of Commerce for operation of a Chula vista Convention and Visitors Bureau and the performance of certain designated visitor and convention promotional services; and WHEREAS, the proposed contract runs through the end of fiscal year 1999-00, at which time a subsequent contract and budget would be brought forward for consideration. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the First Amendment to the contract with the Chula vista Chamber of Commerce to provide a Chula vista Convention and Visitors Bureau Promotion Services, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that 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. Presented by Approved as to form by \ George Krempl, Deputy City Manager H:\home\attorney\reso\chamber.xtn 9ij// - First Amendment to Contract to Provide Chula Vista Convention and Visitors Bureau Promotion Services This Amendment, effective as of July I, 1999, is between the City ofChula Vista, a chartered municipal corporation ("City"); and the Chula Vista Chamber of Commerce ("Chamber"), and is made with reference to the following facts: Whereas, the City and Chamber are party to a contract for convention and visitor bureau promotional services ("Existing CVConVis Contract", on file with the City Clerk as Document #C097-079); and Whereas, the parties desire to extend the initial term of that contract by one additional year, to be co-terminus with an accompanying contract to provide Visitor and Transit Information Services at the Chula Vista Visitor Information Center and the Chamber of Commerce Main Office, and Whereas, the proposed Chula Vista Convention and Visitors Bureau budget for Fiscal Year 1999-2000 is $166,861, which is divided into portion administered by the City and portions to be administered by contract, NOW, THEREFORE, the parties mutually agree that the Existing CVCon Vis Contract is hereby amended in the following regards only and extended for a period of one year, and as so amended and extended shall hereinafter be referred to as the "First Amended Agreement": City and Chamber do hereby agree to amend the Existing CVConVis Contract in the following regards only, with all remaining provisions remaining in full force and effect. Interlineated provisions are to be considered deleted ITom the agreement and underlined provisions added to the agreement. 4. Duties of the Chamber 4.1 Scope of Work Pursuant to City Council Policy #230-012 as approved 3/21/95, !If!!! 1'6 the; l'Iôpô3eà Cðftweliti8ft and "t/igitôI3 Plðlnôtiôn. Dtlàget ~öbrnitteà te the City Cötlfleilat that time, the Chamber agrees to provide the following goods and services, according to the specifications and FY '99-00 annual budget~ as shown below. .L\nnöal bttdgetJ 3hall be Jöbjeet t6 aàjwtmGnt reI {heal )GM 1998 99 bft3ed 611 the; tu1lôtmt a~lðpfiateà b) Cðtm.Ûl ref thi3 pragram.. If 3uen adjuJtn.u:ntJ ean ft6t b~ ftmttJ.ally agH:ed 1:1:pðll ben.een the Cðntraet ,,\àministra.tôr lIflð Chambel, the i33tte :!hall be 300je;e;t tõ filltll re38ltttiöft by Cð1meil. 4.1.1 Marketing Staff Budget: $38,888 $53.173 Chamber shall hire full-time, part-time or contractual marketing staff to coordinate an advertising and marketing campaign for the City of Chula Vista Convention and Visitors Bureau. In addition, this staff will oversee Visitor Information Center operations and the sale and display of advertising therein. Incidental Chamber support and liaison by the Marketing staff would be anticipated by this agreement, with such support and liaison being in conjunction with but not detracting rrom the performance of the primary Marketing Staff responsibilities. 4.1.2 San Diego CONVIS Membership and Advertisini1 Budget $10,000 ~~~2 Chamber shall maintain membership in the San Diego Convention and Visitors Bureau for the City of Chula Vista and/or Chula Vista Convention and Visitors Bureau. The remainin¡¡ portion of this bud¡¡et amount shall be used for advertisin¡¡ in San Die¡¡o CONVIS publications. or. with the a,pproval of the Contract Administrator. may be used only for other advertisin~ costs as described in 4.1.4. 4.1.3 Distribution of Vi3itðI Breehttre flml Nature Center brochure Budget $2,988 $1.500 Distribution shall include placement at all major brochure racks in San Diego County, including but not limited to those at airports, cruise ship terminals, bus and train stations, hotels, motels, visitor centers and convention centers. With tht1 fir3t q!lftl'tt;r (Jtli) September, 1995) éIi3tribtltieft IIlreatly l'!lÏà, tht1 eeffirftet It!llðtlnt fur t~li3 item 3ha.J.l bG $2,175. 4.1.4 Advertising Budget $25,588 $25.000 Advertising design, content and placement shall focus on promoting Chula Vista and Chula Vista attractions within the region and maintaining primarily a visitor and/or convention orientation. Target media may include, but are not limited to: regional magazines, recreational vehicle or auto club publications, motel room event and attraction listings, etc. For any ad placement or series of placements in the same publication for which the total price shall exceed $6,000, said placement shall be subject to review and approval by the Contract Administrator. See also Section 4.5. This item is intended solely for paid advertisin¡¡: any funds not eJlPended shall be reimbursed to the City within 30 days of the expiration of the term. 4.1.5 AccountingfBookkeeping Budget $3,400 Daily bookkeeping, cash reporting, payroll accounting, and payment processing for Convention and Visitors Bureau activities. 4.1.6 Travel/Conferences/City Marketing Budget $2,eOO $2.500 Convention & Visitors Bureau representation of the City in Business and tourist outreach 4.1.7 Additiöllfll. Office eest8 &ill Budget $1,888 $2.400 Shall generally cover ð, erhead ee:Jt3 office space for marketing staff. ~ Office expenses Bud¡:et $3.500 Shall ¡¡enerally include office su,pplies. phone and posta¡:e costs for the operation of the Chula Vista Convention and Visitors Bureau. 4.1.9 Brochure Desi¡¡n/Printin¡¡ Bud!!et $10.000 Desi¡:n and printin¡¡ of brochures. flyers and/or other publications that focus on promotin¡¡ Chula Vista and its attractions such as ¡¡eneral visitor brochure or folder. calendar of events. dinin¡¡ and lod¡:in~ ¡¡uide. attraction coupons and ¡¡olf course flyer. The Chamber shall exercise its best efforts to have the costs for the desi!!n and/or printin!! of these publications (i.e. dinin¡¡ and lod¡¡in¡¡ ¡¡uide) fullv or partially reimbursed by the promoted attractions. S. Duties of the City 5.1 Additional Bureau Projects and Services 74~3 -. Pursuant to City Council Policy #230~01 as approved 3/21/95, and to the proposed Convention and Visitors Promotion Budget submitted to the City Council at that time, the City agrees to undertake the following projects, goods, services and subsidies, according to the specifications and budgets as shown: 5.1.1. ChænberofCorrunerce Budget $15,000 Visitor Center Subsidy Per Existing Contract 5.1.2 Visitor Center Utilities Budget $15,788 $18.000 Annual water, electricity and other utility costs. Telephone costs are paid by the Chamber per Existing Contract. 5.1.3 Visitor Center DisplaysÆxhibits Budget $1 e,eee $2.000 Backlit displays, structural changes, etc. per Design Layout as specified in Existing Contract 5:+:4 San Die:gô Can. e.nt:iôl1 Ce.nkr Di31'1ft) Böàget $1,188 20"xJO" DöH\1utn3 bftßklit diJplft) lð~ate.à at San Die:gô Cðn.e:fttiðn Ce.lrkI, Dudgct ine.löàe.3 eðfttÌ1mea re.ntftl ðf 31'fKe at the Cðn. entiðn Ce.rm:r 5.1.5 Chamber of Corrunerce Information Services Budget $6,e24 .$ll..8. 50% portion of Base Compensation of Existing Contract not related to staffing (per proposed Second Amendment). Compensation to the Chamber under Existing Contract shall continue to be governed by that document. For FY 99-00 and FY 00-0 I Chamber shall reimburse City as per 5.1.9. 5.1.6 Public InformationlDesign Staff Budget $1 e,eee $5.000 For support of Visitor Center operations and improvements, graphic design oversight, ftnd design assistance for displays/exhibits publication and advertisin¡¡ assistance. and publicity for activities and events.. 5.J..R Contract Administration Budget $1.200 For Ileneral contract administration includinll reviewinll financial statements. processinll payments. ti,2 Repayment to City Budllet $6.500 Chamber shall re,pay the City $ 13.000 of Con Vis earmarked monies previously transferred to non-Con Vis Chamber of Commerce accounts: $13.000 total will be reDaid in a two-year period with reimbursements of $6.500 each in FY 99-00 and FY 00-01. Chamber's rc:payment obligation hereunder shall survive the termination of this allreement. 7.2 Use of Payments and Revenues The payments rrom the City to the Chamber and revenues realized rromjoint advertising campaigns or other contractual activities shall be used only for providing the goods and services outlined herein or for other purposes as may be approved by the City Council. These monies shall not be transferred on either a temporary or a permanent basis for the pm:pose of subsidizing Chamber operations or the Visitor Information Center that are not part of the scope of work detailed in Section 4 of this Amendment. Furthermore. these monies shall not be used in support of any political activities for any candidate or issue, nor may they be used to supplant other Chamber funds in any manner that results in such 7:1 / if - Chamber funds being used to support any political activities for any candidate or issue. Any political expenditures made in relationship to the Chamber will be considered as Political Action Committee (PAC) funds specifically raised for political purposes. 7.3 Total Compensation The Total Compensation rrom the City to the Chamber for services under this contract shall be $67,599. $111.473. As discussed under the Duties of the City, the City may also pay to the Chamber up to the amounts listed in Sections 5.1.1 and 5.1.2 to cover operating deficits rrom operation of the Visitor Information Center, which service is governed by the Existing Contract. 8. Term 8.1 Initt!tl Term The term of this contract shall be for one year, commencing J1:II) 1, 1997 anti eatling Jl:Il1e JÐ, 1999. Julv 1. 1999 and endin j! June 30. 2000. Any additional contracts shall be governed by existing City Council policy and/or future Council action. IN WITNESS WHEREOF, City and Chamber have executed this Agreement this_ day of ,1999. THE CITY OF CHULA VISTA CHULA VISTA CHAMBER OF COMMERCE Mayor President Executive Director Approved as to form by City Attorney 94/) Attachment -2- Contract to Provide Chula Vista Convention and Visitors Bureau Promotion Services This Contract, entered into this June 24, 1997 for the purposes of reference only and effective as of the date last executed by the parties, is between the CITY OF CHULA VISTA, a chartered municipal corporation of the State of California (hereinafter "City") and the CHULA VISTA CHAMBER OF COMMERCE (hereinafter "Ctïãmber"), and is made with reference to the following facts and definitions: 1. Recitals Whereas, the Chamber occupies a unique public service position in the City and has provided general informational and promotional services to the public at large for many years; and Whereas, the Chamber hereby warrants and represents that it is experienced and staffed in a manner such that it can provide the convention and visitor promotion services as herein required in accordance with the terms and conditions of this Agreement; and, Whereas, the City and Chamber have been party to separate agreements for: Convention and Visitors Bureau Promotion Services through FY 1996-97, a copy of which is on file with the City Clerk as Document No. CO 96-137, (hereinafter "Existing CVCONVlS Contract"), and for Visitor and Transit Information services through FY 1996- 97, a copy of which is on file with the City Clerk as Document No. CO~ 96-138, (hereinafter "Existing Information Contract"); and Whereas, with the concurrence of the Chamber, the City adopted City Council Policy #230-01 to provide support for a Chula Vista Convention and Visitors Bureau, subject to annual approval of a budget and to execution of appropriate contracts; and Whereas, the proposed Chula Vista Convention and Visitors Bureau budget for Fiscal Year 1997-98 is $137,500, which is divided into portions administered by the City and portions to be administered by contract, and the Chula Vista Convention and Visitors Bureau budget for Fiscal Year 1998-99 shall be set by the City Council as part of the 1998-99 City budget; NOW, THEREFORE, the City and the Chamber agree as follows: 2. Purpose: Chula Vista Convention and Visitors Bureau The Chamber hereby agrees to include in its activities a Chula Vista Convention and Visitors Bureau. This activity, which shall be in the form of a committee, shall be pursued as part of this contract and shall be undertaken in the name of the Chula Vista Convention and Visitors Bureau. Advisory participation on this committee shall'be open to all interested parties, regardless of membership in the Chamber. Said open participation shall not preclude fund raising activities or fees for member and/or patron listings. The general purpose of this activity shall be ~ 7/1 /~ - ---....-.---...- Chula vista CQ~vIS Co~tract Page 2 to promote the City of Chula Vista and Chula Vista visitor destinations, meeting facilities, tourism, and related businesses. 3. Contract Administrator The City Manager or his or her designee shall be the Contract Administrator for purposes of this contract. For those conditions requiring the written approval of the City, the Contract Administrator shall have the authority to provide said written approval. 4. Duties of the Chamber. 4.1 ScoDe of Work Pursuant to City Council Policy #230-01 as approved 3/21/95, and to the proposed Convention and Visitors Promotion Budget submitted to the City Council at that time, the Chamber agrees to provide the following goods and services, according to the specifications and annual budgets as shown below. Annual budgets shall be subject to adjustment for fiscal year 1998-99 based on the amount appropriated by Council for this program. If such adjustments can not be mutually agreed upon between the Contract Administrator and Chamber, the issue shall be subject to final resolution by Council. 4.1.1 Marketing staff Budget: $30,000 Chamber shall hire full-time, part-time or contractual marketing staff to coordinate an advertising and marketing campaign for the Chula Vista Convention and Visitors Bureau. In addition, this staff will oversee Visitor Information Center operations and the sale and display of advertising therein. Incidental Chamber support and liaison by the Marketing staff would be anticipated by this agreement, with such support and liaison being in conjunction with but not detracting from the performance of the primary Marketing Staff responsibilities. 4.1.2 San Diego CONVlS membership Budget: $10,000 Chamber shall maintain membership in the San Diego Convention and Visitors Bureau for the City of Chula Vista and/or Chula Vista Convention and Visitors Bureau 4.1.3 Distribution of Visitor Brochure and Nature Center brochure Budget: $2,900 Distribution shall include placement at all major brochure racks in San Diego County, including but not limited to those at airports, ~ <fA"? ...- . - ----~--_.- Chula Vista CONVIS Contract Page 3 cruise ship terminals, bus and train stations, hotels, motels; visitor centers and convention centers. With the first quarter (July- September, 1995) distribution already paid, the contract amount for this item shall be $2,175. 4.1.4 Advertising Budget: $25,500 Advertising design, content and placement shall focus on promoting Chula Vista and Chula Vista attractions within the region and maintaining primarily a visitor and/or convention orientation. Target media may include, but are not limited to: regional magazines, recreational vehicle or auto club publications, motel room event and attraction listings, etc. For any ad placement or series of placements in the same publication for which the total price shall exceed $6,000, said placement shall be subject to review and approval by the Contract Administrator. See also Section 4.5. 4.1.5 Accounting/Bookkeeping Budget: $3,400 Daily bookkeeping, cash reporting, payroll accounting, and payment processing for Convention and Visitors Bureau activities. 4.1.6 Travel/Conferences/City Marketing Budget: $2,000 Convention and Visitors Bureau representation of the City in business and tourist outreach. 4.1.7 Additional office costs Budget: $1,000 Shall generally cover overhead costs for marketing staff. 4.2 Budoets and Use of Funds It is not the intention of this contract that the Chamber should be obligated to expend any funds for these purposes beyond those budgeted. In any case in which the goods or services itemized in Section 4.1 are provided for less than the budgeted amount, those funds remaining shall be available for use for any of the other projects included in the Scope of Work, subject to the prior written approval of the Contract Administrator. 4.3 Amendments to Scope of Work Any amendments to this Scope of Work or to the contract as a whole, such as to increase the Total Compensation, to add a new project, or to make a substitution for an existing project shall be subject to the prior approval of the City Council, with the exception of potential reallocation of funds among projects listed in the Scope of Work as may be authorized under the provisions of Section 4.2. ?-If <JA -7 ._. Chula Vista CONVIS Con~rac~ Page 4 4.4 Desiqn Approval h For those items which would entail graphic or display design (e.g. Advertising, Visitor Brochure, Chula Vista display at the U.S. Olympic Training Center), the Chamber shall work with City on initial design concepts and obtain the prior written design approval of the City's Public Information Coordinator. Said approval shall be in addition to any other required design review or other discretionary City approvals. 4.5 Joint Advertisinq The Chamber shall be encouraged to engage in cooperative advertising campaigns, with participation by the City and by local visitor-oriented businesses. The maximum City participation via this contract (through Section 4.1.6) in any such cooperative advertising shall be 60% of the cost of advertising production and placement. Such cooperative advertising shall be open to all visitor-oriented Chula Vista businesses, regardless of membership in the Chamber. 5 Duties of the City. 5.1 Additional Bureau Proiects and Services Pursuant to City Council Policy #230-01 as approved 3/21/95, and to the proposed Convention and Visitors Promotion Budget submitted to the City Council at that time, the City agrees to undertake the following projects, goods, services and subsidies, according to the specifications and budgets as shown: 5.1.1 Chamber of Commerce Budget: $15,000 Visitor Center Subsidy Per Existing Contract 5.1.2 Visitor Center Utilities Budget: $15,788 Annual water, electricity and other utility costs. Telephone costs are paid by Chamber per Existing Contract. 5.1.3 Visitor Center Displays/Exhibits Budget: $1 0,000 Backlit displays, structural changes, etc. per Design Layout as specified in Existing Contract 5.1.4 San Diego Convention Center Display Budget: $1,188 20"x30" Duratrans backlit display located at San Diego Convention Center; Budget includes continued rental of space at the Convention Center 5.1.5 Chamber of Commerce Information Services Budget: $6,024 50% portion of Base Compensation of Existing Contract not related to staffing (per proposed Second Amendment). Compensation to the ~ Cj/l~1 -_....- Chula Vista CONVIS Co~tract Page 5 Chamber under Existing Contract shall continue to be..governed by that document. 5.1.6 Public Information/Design Staff Budget: $10,000 For support of Visitor Center operations and improvements, graphic design oversight, and design assistance for displays/exhibits. 5.1.7 Visitor Center Maintenance Budget: $7,500 Miscellaneous maintenance by City custodial, construction and repair staff. 5.2 Timinc of Services Due to the timing of the start of Existing Contract and the negotiation of this agreement, some of the items included in the City's Scope of Services have been completed or had funds appropriated during the 1994-95 fiscal year. At least 30 days prior to the end of the term of this agreement, City shall provide to Chamber a breakdown of all service expenses pursuant to Section 5.1 for consideration in negotiation of the following year's budget and contract. 6. Citv Imace Enhancement. The City, as a public entity, is concerned about the image portrayed and service provided by the Chamber and its personnel. The City shall have the right to inform, in writing, the Chamber of actions by the Chamber or the Chamber's personnel, not conforming with the image the City desires to have enhanced which includes providing complete and accurate convention and visitor information and presenting a neat, clean, responsive, and friendly image of the City. The Chamber shall take all necessary steps to ensure that its actions project the image desired by the City as directed from time to time. 7. Reportina and Compensation 7.1. Quarterlv Reports The Chamber shall record and submit in writing quarterly reports to the City for the quarters ending September 30, December 31, March 31 and June 30. Within thirty (30) days after the end of each quarter of the term hereof, commencing with the thirtieth day of the month immediately following the first quarter of this agreement, and ending with the thirtieth day of the month succeeding the last month of the term of this agreement or any extensions thereto, the Chamber shall furnish to the City a statement in writing, certified by the Chamber to be correct, showing for the previous quarter the expenses relating to this Chamber's contractual goods and services. The Chamber shall keep full and accurate books ~ 7/7 "'It? ~_._. --- Chula Vista CONVIS Cont~acé Page 6 of account and records in accordance with Generally Acceptec:!- Accounting Principals consistently applied, including, without limitation, a sales journal, general ledger, payroll records, and all bank account statements showing deposits of related revenues (e.g. from joint advertising sales). Such books, receipts, accounts and records shall be maintained separate from Chamber records and shall be kept for a period of two (2) years after the close of each calendar year and shall be available for inspection and audit by the City and its representatives at the principal place of business of the Chamber during regular business hours. The City shall, within two (2) years after the receipt of any such statements, be entitled to an audit of such records. Such audit shall be conducted by the City or by certified public accountant to be designated by the City during normal business hours at the principal place of business of the Chamber. In addition, if any of the Chamber's statements shall be found to have overstated expenses by more than two percent (2%) Dr understated revenues by more than two percent (2%), or if such audit shows that the Chamber has failed to maintain the books of account and records required by this section so that the City is unable to verify the accuracy of the Chamber's statement, then the Chamber shall pay to the City all reasonable costs and expenses (including reasonable auditor and attorney fees) which may be incurred by the City in conducting such audit. 7.2 Use of Pavments and Revenues. The payments from the City to the Chamber and revenues realized from joint advertising campaigns or other contractual activities shall be used only for providing the goods and services outlined herein or for other purposes as may be approved by the City Council. These monies shall not be used in support of any political activities for any candidate or issue, nor may they be used to supplant other Chamber funds in any manner that results in such Chamber funds being used to support any political activities for any candidate or issue. Any political expenditures made in relationship to the Chamber will be considered as Political Action Committee (PAC) funds specifically raised for political purposes. 7.3 Total Compensation The Total Compensation from the City to the Chamber for services under this contract shall be $67,500. As discussed under the Duties of thé City, the City may also pay to the Chamber up to the amounts listed in Sections 5.1.1 and 5.1.2 to cover operating deficits from operation of the Visitor Information Center, which service is governed by the Existing Contract. ~ ~-/! Chula Vista COWvIS Contract Page 7 7.4 Form and time of Payment h To facilitate flexibility in the Chamber's administration of contract funds, the city shall pay to the Chamber one fourth of the total compensation (per Section 7.3) per quarter. Quarterly payments shall be made within fifteen (15) calendar days after the start of each quarter (e.g. by 7/15, 10/15,1/15, and 4/15). 7.5 Chamber Reimbursement to City If the final contractual expenses at the end of the final quarter of this contract total less than the Total Compensation (per Section 7.3), then the Chamber shall reimburse the City for the difference. It shall be the general policy under this contract that appropriations shall not be carried over from one fiscal year's adopted contract to the next fiscal year. Any exceptions to this policy shall be subject to approval by the Contract Administrator. B. Term B.1 Initial Term. The term of this contract shall be for one year, commencing July 1, 1997 and ending June 30, 1999. Any additional contracts shall be governed by existing City Council policy and/or future Council action. B.2. Termination. This contract may be terminated by the mutual consent of the parties at the end of any quarter. In the event of termination, compensation due shall be prorated according to the Chamber's approved expenses through the final quarter of the contract. 9. Insurance and Indemnity. 9.1. Insurance Chamber shall, throughout the duration of this Agreement, maintain insurance from responsible and solvent corporations authorized to issue such policies in California with a financial rating of at least a "A, Class \/" status or better as rated in the most recent edition of "Best's Insurance Reports" unless a lower rating is approved by the City's Risk Manager. Said insurance coverage shall include: u4 ?/l~/ .:¿ - ... Chula Vista CONVIS Cont~act Page 8 1. Commercial General Liability Insurance including- Business Automobile Liability Insurance in the amount of $1 million combined single limit, which names the City of Chula Vista as additional insured and is primary to any insurance policy carried by the City. 2. Statutory Worker's Compensation Insurance and Employer's Liability Insurance in the amount of $1 million. Chamber will provide, prior to commencement of the services required under the agreement, certificates of insurance for the coverages required in this section, and, for Commercial General Liability Insurance, a policy endorsement for the City as additional insured, a policy endorsement stating the Chamber's insurance is primary and a policy endorsement stating that the limits of insurance apply separately to each project away from premises owned, rented or operated by the Chamber. Certificates of insurance must also state that each policy may not be canceled or materially changed without at least thirty (30) days written notice to the City. Each policy which the Chamber maintains shall name the City and Redevelopment Agency of the City of Chula Vista (hereinafter "Redevelopment Agency") as additional insureds. 9.2. Indemnity. The Chamber shall defend, indemnify and hold harmless the City, their elected and appointed officers and employees and the Redevelopment Agency from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Chamber or any agency 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. The Chamber'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, the Chamber 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. The Chamber's indemnification of City shall not be limited by any prior or subsequent declaration by the Chamber. ~ 9/1--/3 -- ---,.. .- Chula Vista CONJIS CD~tract Page 9 10. Miscellaneous Provisions. -- 10.1. Assionino and Sublettino The Services of Chamber are personal to the City, and the Chamber shall not assign, subcontract, transfer, sublet or encumber any interest in this Agreement (whether by assignment or novation) without the prior written consent of the City. 10.2. Administrative Claims Reouirement 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 of Chula vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, 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 the City, the Chamber shall meet and confer in good faith with the City for the purpose of resolving any dispute over the tenns of this agreement. 10.3. Attornev's Fees. Should a dispute 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, provided that said party has exercised best efforts, in good faith, to negotiate a settlement of the dispute prior to and during the litigation. 10.4. Entire Aoreement. 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. 10.5. CaDacitv 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; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. µ-ø 9/1/.;/ - n··_ u·_ __. ._ .·...H_O___ Chula Vista CO~~IS Co~tract Page 10 10.6. Governinq LawNenue. h 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. 10.7. Independent Contractor. City is interested only in the results obtained and the Chamber 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 to reject or accept the Chamber's performance according to the terms of this agreement. The Chamber and any of the Chamber'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 benefrts to which City employees are entitled including but not limited to, overtime, retirement benefits, workers compensation benefits, injury leave or other leave benefrts. 10.7.1. The Chamber warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to the Chamber or their associates. The Chamber promises to advise the City of any such promise that may be made during the term of this contract and for subsequent extensions. 10.7.2. The Chamber may not conduct or solicit any business for any party to this contract or for any third party which may be in conflict with the Chamber's responsibilities under this contract. 10.7.3. The Chamber further agrees to waive and forego the following: relocation benefrts, owner participation rights and claims for goodwill. ~ 9/l-jp .~._"_ _.._""_··._____.."M.._ Chula Vista CO~vIS Co~tract Page 11 11. CorresDondence and Noticino -- Correspondence relating to this agreement should use the addresses given below: George Krempl Roderick F. Davis Deputy City Manager Executive Director City of Chula Vista Chula Vista Chamber 276 Fourth Avenue of Commerce Chula Vista, CA 91910 233 Fourth Avenue Chula Vista, CA 91910 ~ 7/7-/ ~ Chula Vista CO~~IS Contract ?age 12 SIGNATURE PAGE TO --- CONTRACT TO PROVIDE CHUu\ VISTA CONVENTION AND VISITORS BUREAU PROMOTION SERVICES IN WITNESS WHEREOF, City and Chamber have executed this Agreement this _ day of 1997. THE CITY OF CHULA VISTA C HULA VISTA CHAMBER OF COMMERCE Mayor President Executive Director Approved as to form by City Attorney a:convc97.2 ~ 9/1--/7 RESOLUTION NO. /9.5/) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIFTH AMENDMENT TO THE CONTRACT WITH THE CHAMBER OF COMMERCE TO PROVIDE VISITOR AND TRANSIT INFORMATION SERVICES AT THE CHULA VISTA VISITOR INFORMATION CENTER AND CHAMBER OF COMMERCE MAIN OFFICE WHEREAS, the existing contract with the Chamber of Commerce for operation of the visitor information center and provision of general, visitor and transit information services expires on June 30, 1999; and WHEREAS, although the contract provides for three, three- year options to extend, it is the recommendation of staff and the Chamber to extend this contract for one additional year; and WHEREAS, the contract amendment being proposed gives the city and Chamber flexibility to exercise options for less than the full three year terms currently provided. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve Fifth Amendment to the contract with the Chamber of Commerce to provide Visitor and Transit Information Services at the Chula vista Visitor Information Center and Chamber of Commerce Main Office, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said amendment for and on behalf of the City of Chula Vista. Presented by Approved as to form by , '-:2" George Krempl, Deputy city Manager H:\home\attorney\reso\chamber,xtn 9ß-/ -- Fifth Amendment to Contract to Provide Visitor and Transit Information Services at the Chula Vista Visitor Information Center and the Chamber Main Office This amendment, entered into and effective as of July 1, 1999 is between the City ofChula Vista, a chartered municipal corporation ("City"); and the Chula Vista Chamber of Commerce ("Chamber"), and is made with reference to the following facts: Whereas, the City and the Chamber are party to a contract for general and visitor information services ("Existing Information Contract", on file with the City Clerk as Document #C094-121) offered rrom the Chamber of Commerce Main Office and for operation of the Visitor Information Center at the Bayrront/ E Street Trolley Station; and Whereas, the parties desire to extend the initial term of that contract by one additional year, to be co-terminus with an accompanying contract for the Chula Vista Convention and Visitors Bureau, NOW, THEREFORE, coincident with the adoption of the contract to Provide Chula Vista Convention and Visitors Bureau Promotion Services, the parties mutually agree that the Existing Information Contract, as last amended on June 24, 1997 for the purpose of reference only and effective as of the date last executed by the parties, is hereby amended in the following regards only and extended for a period of one year, and as so amended and extended shall hereinafter be referred to as the "Fifth Amended Agreement": City and Chamber do hereby agree to amend the Existing Information Contract in the following regards only, with all remaining provisions remaining in full force and effect. Interlineated provisions are to be considered deleted rrom the agreement and underlined provisions added to the agreement. Section 4.8 Use of Payments and Revenues The payments rrom the City to the Chamber and revenues realized rrom operation ofthe Center shall be used only for providing the information services outlined herein or for other purposes as may be approved by the City Council. These monies shall not be transferred on either a temDorarv or a permanent basis for the DUfDose of funding Chamber ooerations that are not directlv involved with the oDeration of the Center. Furthermore. these monies shall not be used in support of any political activities for any candidate or issue, nor may they be used to supplant other Chamber Funds in any manner that results in activities for any candidate or issue. Any political expenditure made in relationship to the Chamber will be considered Political Action Committee (PAC) funds specifically raised for political purposes. Section 5.2.2.1 Base Compensation Effective FY 99-00 and thereafter, for any quarter in which the Applicable Operating expenses exceed the Gross Sales, the City shall pay to the Chamber one hundred percent (100%) of any annual operating loss, up to a maximum amount oUI2,QQQ $15,000 per fiscal year. 9!J/~ .- -...- Visitor Center - Fifth Amended Agreement Page 2 IN WITNESS WHEREOF, City and Chamber have executed this Agreement this _ day ,1999. THE CITY OF CHULA VISTA CHULA VISTA CHAMBER OF COMMERCE Mayor President Executive Director Approved as to form by City Attorney 9ðJ - Attachment -3- ,0 C~ntract to Provide Visitor and Transit Information Services at the Chula Vista visitor Information Center and ChaEber of Commerce Main Office This contract, entered into this December 20, ~994 for the purposes of reference only and effective as of the date last executed by the parties, is between the CITY of CHUbA VISTA, a chartered municipal corporation of the state of California (hereinafter "city") and the CHULA VISTA CHAMBER OF COMMERCE (hereinafter "ChaEber"), and is 1I1ade with reference to the following facts and definitions: 1. Recitals Whereas, the city of Chula Vista desires to have visitor and transit information available upon request, without cost, to persons entering the city and desiring sa1l1e, fro1l1 the Visitor Information Center located on the southeast corner of E Street and the Interstate 5 (hereinafter "Premises"), at an address commonly kno~~ as 750 E street, and shown on the 1I1ap a copy of which is attached as Exhibit A, and fro1l1 the CbaEber of Commerce office, 233 F~urtb Avenue, Chula Vista (hereinafter "Main Office"); and, Whereas, the Chamber desires to provide for the visitor and transit infor1l1ational needs of residents and visitors to the city; and Whereas, the ChaEber occupies a unique public service position in the city and has provided general infor1l1ational services to the public at large for 1I1any years; and Whereas, the ChaEber hereby warrants and represents that it is experienced and staffed in a 1I1anner such that it can provide the visi tor and transit information services as herein required in accordance with the ter1l1s and conditions of this Agree1l1ent; and, Whereas, the ci ty and Cha1nber are currently party to a separate agree1l1ent for general information services at the Main Office through FY 1995-96, as zunended .July 29, 1994, a copy of which is on file with the city Clerk as Document No. CO 94-121, hereinafter "Previous contract"); and Whereas, said agreement covers 1I1any of the szune services herein contracted but is not site-specific to both the Center and the Main Office, and the City and the Cha1nber do 1I1utually agree to ter.minate said agreement si1l1ultaneously with the effectiveness of this agree1Dent; and Whereas, this is a site-specific services agreement wherein the ChaEber is obligated to provide services fro1l1 both that portion of the Pre1Dises described in Exhibit A as "Center" '(hereinafter "Center") and the Main Office, NOW, THEREFORE, the City and the Chamber agree as follows: ~ ~nv lß_lt(.c,C Z-,- I"" _ - , Page :2 2. Definitions 2.1 "Gross Sales" Defined. The term "Gross Sales" as used in this agreement shall include the entire Gross Sales of every kind and nature from all' sales and services made in the Premises whether for credit or cash, whether by the Chamber or by others, with the exception of those products or services on which standard commissions are earned. Such commission-based products and services include Mexican insurance, lottery tickets, trolley and transit passes and pay telephones. Other products and services may be included in the commission category with the approval of the city's contract adJninistrator. For commission-based products and services, only the 8JIIount of the commission will be included in "Gross Sales." "Gross Sales" shall not include any rebates or refunds to customers or sales taxes accounted for and paid to a governmental agency. 2.2 "A'D'Dlicable Operatino EX'Denses" Defined. The term "Applicable operating Expenses" as used in this agreement shall include salary and benefit costs, inventory purchase costs, custodial costs, and other reasonable Center expenses, except as herein excluded. 2.3. Contract Administrator The city Manager or his or her designee shall be the Contract AdJninistrator for purposes of this contract. For those conditions requiring the written approval of the city, the Contract AdJninistrator shall have the authority to provide said written approval. 3. PurPoses of Aoreement. 3.1. Visitor and Transit Information Services at the Center The parties intend that the Chamber shall provide visitor and transit information services, as more particularly described in this contract, at the Center for the benefit of the city of Chul.ZI. vista, the South Bay Region and visitors to the County. The ChZlJllber has ZI. duty to operate the Center. and provide publ.ic services as specified in this agreement. Although this agreement has certain aspects of a lease, the parties agree that this is primarily a services agreement engaged in at a required location, and it is not a lease. . 3.2. TeT1l!inatioTl of Previous contract simultaneous with the effectiveness of this agreement, the Chamber and city do hereby agree to terminate the Previous / !f ~_S Page 3 contract, with any and all further Main Office services or compensation to be governed solely by this agreement. 4. Duties of the Chamber. 4.J. Scope of Services ChaI!1ber of to provide the -- following The Commerce agrees services: 4.J..J. General The Chamber shall respond to all walk-in, phone and mail inquires received . making reasonable and appropriate requests for infor1llation by the Chamber from individuals, groups, businesses, news 1Dedia, etc., and persons referred by 'the city. Responses shall be accurate, complete, cooperative and pro1Dote goodwill on behalf of the City. Responses shall be 1Dade in a ti1Dely 1Danner. Walk-in and phone inquiries shall be responded to as they are received unless additional research is recruired. Mail inquiries shall be responded to within three (3) working days after the receipt of such inquiries, unless extensive research is required. 4.1.2 staffinq. The Chamber shall provide qualified competent staff who are neatly dressed and courteous at all times. An adequate number of personnel will be scheduled so that Permitted commercial Activities do not significantly interfere with the pri1Dary responsibility of providing visitor and transit infor1llation. Between the hours of J.O:OO a.m. and 4:00 p.1I1. on weekdays, weekends and working holidays, Chamber shall be encouraged, .but not required, to provide a 1I1ini1l1= of two personnel providing service in 'the Center. 4.1.3 Traininq. The Cha1l1ber shall provide adequate training to ensure that personnel are able to respond to inquiries about transit and areas of interest fr01l1 1De1I1bers of the public and to pro1Dote visitor-serving attractions and facilities in Chu1a vista. 4.J..3.J. Extensive Knowledge. Center staff 1Dust have extensive knowledge of and be capable of dispensing c01l1p1ete and accurate information about the following: , 4.J..3.1.J. Chula vista (including but not li1l1ited to street locations, JIlajor 28=7 ß ~ ¿/t~ ;J ¡J -t .:Z \ "\ ~ ~i./ Cù-=1'{ - - page .; hotels/motels, restaurants, visitor attractions, government offices, Chula vista Nature Center, and major shopping areas.) 4.1.3.1.2 Transit information (in¡::J.uding but not limited to Trolley schedules, prices, and stops, and Chula vista Transit bus schedules and routes.) 4.1.3.1.3 San Diego county visitor attractions (including but not limited to Sea World, Horton Plaza, airport, Gaslamp Quarter, Mission Bay, beaches and other attractions, along with applicable admission prices, hours of operation and directions.) 4.1.3.2 Adequate Knowledge. Center staff must have an adequate general knowledge of and be capable of dispensing general information about the following: 4.:1.3.2.:1 Northern Baja, Mexico (including but not limited to major highways, cities, insurance requirements, major hotels/motels, restaurants, shopping areas, major visitor attractions, and written information from governmental agencies regarding duty and visa regulations. ) 4.:1.3.2.2 Southern California (including but not limited to 1I1ajor highways, cities, and visitor attractions.) 4.1.4 visitor services. Chamber shall provide information (e.g. locations, schedules, directions, applicable fees), on topics including, but not limited to the following: 1. Community clubs and organizations 2. Local events - parades, displays, seasonal promotions 3. Chula vista Nature Center 4. U.S. olympic Training Center 5. street information - directions, locations, closures, detours, etc. 6. Lodging facilities 7. Transit and BandY trans 8. Airports and Trains 9. Medical, Professional, and real estate offices :10. Business referrals 1:1 . Meeting rooms ~ff~ 9g-? - -- Page 5 12. Government services/officials & referrals to appropriate departments 13. Churches 14. Schools 15. Museums, historical and cultural sites 16. Mexico - info:nnation on tourist cards, parking, etc. 17. Tourist attractions 18. Recreation sites, parks, picnic areas and local Þeach information 19. Newspapers and local publications 20. RV parkingjmobilehome parks ~l. Chula vista demographics (e.g. population, housing) 4.1.4.1 Chula Vista Promotion. Unless specifically requested otherwise J::Jy the visitor, information will always be given on the community of Chula Vista. 4.1.5 citv Imace Enhancement. The city, as a public entity, is concerned about the image portrayed and service provided by the Chamber and its personnel. The city shall have the right to inform, in ..-ri ting, the Chamber of actions by the Chamber or the Chamber's personnel, which do not conform with the image which the city desires to have enhanced which includes providing complete and accurate visitor and transit info:nnation and presenting a neat, clean, responsive, and friendly image of the city. The Chamber shall take all necessary steps to ensure that its actions project the image desired by the city as directed from time to time. 4.1.6 standard Information The Chamber shall develop and utilize standardized packages of information for responding to general inquiries about Chula vista as a visitor destination and for new or potential residents of the city. Such packages shall be maintained with current information and shall meet with the approval of the city. The packages may be used, but shall not be deemed solely adequate, for inquiries making reasonable, specific requests for information not routinely included in the packages. 4.1.7 Referrals - other ~cencies For inquiries beyond the expertise of the Chamber, referrals may be made to more appropriate entities. A tally of the number of inquiries referréd to other entities, including date of inquiry, type of inquiry (walk-in, phone or mail), entity referred to, and subject 2ß::-r ~3'~/- 9{?-~ Page 6 of inquiry shall be recorded and reported in the quarterly summary to the city. The Chamber will provide the name and address of the person or business making the inquiry, if appropriate. 4.1.8 Referrals - Businesses Responses to inquires shall show no preferential treatment to Chamber ]DeJDbers or any other group or individual persons or businesses. Wherever possible, however, referrals to businesses shall be ]Dade to businesses in the city of Chula vista. Referrals shall be rotated a]Dong businesses qualified to provide the service or services requested. The Chamber shall coordinate responses to significant business relocation inquiries with the city's Community Development Department. 4.1.9 CUstomer Feedback During a specified period each year of this contract determined by the city and Chamber, the Chamber shall develop and ]Dake available to the public unstamped response cards addressed to the city to obtain feedback on the quality of information provided. Each response to mail inquiries shall include such a card. All cards returned to the Chamber shall be forwarded to the city. 4.1.10 Mailino lists The Chamber shall provide updated information upon request to the Center and to the visitor information center at Bonita Road and I-B05 (hereinafter "Bonita Center"). The Chamber shall include the both the Center and the Bonita Center on the Chamber's mailing list. The Chamber shall exercise care in ensuring both the Center and Bonita Center are provided with new, pertinent information as it arises, such as special events, lists of visitor-oriented businesses and attractions. 4.1.11 Free services The Chamber shall not charge the public a fee for providing services unless specifically approved in writing by the City. Chamber may request approval for fees at any time and will provide a complete list of any booklets of information being sold by July 1 pf each year of this agreement. Generally , extensive booklets of information that relate to the topics in Section 4.1.4 consisting of ]Dore than 15 pages will be considered for fee approval by the city. city maps will be sold to the city and the Center at cost, to the Bonita Center at ~ /~_ ~/i-> 'jtJ--C¡ ""-.--. .- .."..- Page 7 .e:mber cost and for no :more than $3 to the general public. 4.2 Covenant to Operate: Services to be Offered from Site. The Chamber shall operate a first class visitor Infor:mation Center according to the following standards for the ter:m of this agree1llent as Sa1lle 1IIay be fro1ll ti1lle to ti1lle extended. 4.2.1 Hours of ODeration. The Cha:mber shall operate the Center at least nine (9) þours per day on weekdays anë. eight (B) hours per day on weekends and holidays. Initial operating hours shall be 9 a.1II. to 6 p.1II. on weekdays and 9 a.1II. to 5 p.1II. on weekends, subject to a:mend:ment by separate 1o-ritten agree:ment of the Cha:mber and Contract Ad:ministrator. The Center 1IIaY be closed on Thanksgiving, Christmas and Few Years Day. 4.2.2 Transit Passes. The Cha:mÞer ~ill :make available for sale to the public transit passes issued by the Metropolitan Transit Develop:ment Board (HTDB) and Chula Vista Transit. The Cha:mber ....ill also :make change for transit fares as requested by the public to the extent feasible. 4.2.3 Precedence of Services. commercial activities, pro:motion and/or referrals shall not interfere ....ith the Cha:mber's ability to provide free, reliable, co:mplete and true infor:mation in response to requests fro:m public users of the facility. 4.2.4 sicmi!lt:!e. The Cha:mber :may be required to post a "Free visitor Infor:mation" sign at each of the three entrances to the Center or at the counter. size and design of the sign will:meet with the approval of the city. The Cha:mber is prohibited fr01ll erecting or creating any signs on the pre:mises which are visible fro:m the outside or in any ~ea wi thin the jurisdiction of the city without prior written approval of the city. Interior signage or advertising is subject to the city's approval. 4.2.5. pisplav ~dvertisinq. The Cha:mber shall be per:mitted to sell display advertising space, ....hich shall be li:mited to both sides of the northwest window facing north, or alternate .indo.... ;2B-7/ _ 1£ --- J {J Page 8 space if requested by the Chamber and approved by the ci ty. Display advertising on surfaces other than windows is limited to those areas indicated on the Design Layout as herein defined and as it may be modified with the city's approval. - 4.2.6. Wall Suace. h Except as provided herein or otherwise approved by the city, interior and exterior wall space will be posted only with public service information consistent· with material identified in this agreement, and display material supplied or approved bY thE City designed to promote visitor attractions in Chula vista. 4.2.7. Information Counter. Display of retail merchandise on the information counter top shall not significantly interfere with its ability to be seen and used for providing visitor and transit information. Display of additional retail merchandise behind the counter shall present a neat, uncluttered appearance. 4.2.8. Pav Phone. The Chamber shall be required to maintain at least one public pay phone on the Premises. 4.2.9. Restroom Access. During the Center's hours of operation, the restrooms shall be unlocked and available for public use. The city reserves the right to allow bus drivers to have access to the restrooms during hours that the Center is closed, with said access being through the exterior doors opening into the Center's restrooms. No access will be permitted in to the other interior areas when the Center is closed. The Chamber will lock the interior doors to the restrooms when the Center is closed to help prevent access. 4.2.20. Comuliance with the Law. operation of the Premises shall comport with all applicable ordinances, rules and regulations, including but not limited to, those provisions of the Municipal Code relating to the sale of adult materials such as those regulated for adult book stores (city Code H.04.007) and the County of San Diego Health Department's regulations relating to food. sales and consumption. ~ ~ I tJ!f ~/ / ?'. ~ð:5 ¡ -.. ~ .-....--- Page 9 4.3. Dutv to Provide Services Off-site 4.3.1. Previous Contract -- In recognition of the fact that not all services performed under the Previous Contract are transferrable to the Center, due pri1l1arily to the walk-in oriented business attracted to the Cha:mber's Main Office, the Cha:mber shall continue to provide li1l1ited General Information services for the city at its Main Office. The Chamber shall continue to represent the city at selected trade shows, work with the city's econo1l1ic develop1l1ent staff to obtain materials and displays, as appropriate, and represent the city at selected special events to pro1l1ote the city to visitors and enhance its regional i1l1age. The Chamber shall also provide necessary 1I1anagement time required to ens=e that all of the above services are performed in a professional and tiJnely 1I1anner. c01l1pensation for the above services (hereinafter "Main Office Services") shall be as hereinbelDw provided. 4.3.2. Main Ofýice Services - Hours of Operation Chamber staff shall be available to provide Main Office Services Monday through Friday fro1l1 9:00 a.1I1. to 5:00 p.m., except for New Years Day, Martin Luther King Day, President's Day, Me1l1orial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving Day, and Christmas Day. Holidays cited above falling on a Sat=day will be observed on Friday. When·a holiday occ=s on Sunday, it will be observed on the following Monday. 4.3.3. Consolidation of services Where possible and practical, the Chamber shall endeavor to consolidate this main office service with that provided at the Center. Efforts to consolidate shall include, but not be liJnited to, White Pages listing of the Center phone nmnber and site as the Chamber's "General Information/To=is1l1" contact and review of phone and mail handling procedures. 4.4. Securitv: Bondina. The Chamber shall deposit $10,000 in cash as ;sec=ity to assure that the Premises is returned to its original condition upon tennination of the contract ("security"). city shall use best efforts to invest the Security in a manner typical of other City investJDents. City shall pay annually to the Chamber the interest earned on the Security at the average interest rate earned by the City on all of its liquid ?:I? /3-/ ~~ 9ß ~/.2 ___ m___·__· , Paoe 1 D ~ investments. The Cha~ber has the option to provide city with a security bond in a form acceptable to City as an alternative to secure the Chamber's performance as herein required. 4.5. Risk Mitiaation. -- 4.5.~. Dutv to conduct a safe ODeration. The Chamber shall operate the premises in a &afe and reasonable 1IIanner. 4.5.2. Indemnitv. The Cha1Dber shall defend, indemnify and hold harmless the city, their elected and appointed officer& and employees, the Redevelopment Agency of the city of Chula Vista (hereinafter "Redevelopment Agency"), the County of' San Diego, and the Metropolitan Transit Development Board (hereinafter "MTDB") from and against all claims for damages, liability, cost and expense (including without 1i111itation attorney&' fees) arising out of the conduct of the Chamber or any agency or employee, &ubcontractors, 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 &ole willful conduct of the City, its officers, or employees. The Chamber's indemnification &ha1l 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 &ame proceed to judgment or not. Further, the Chamber at its own expense &hall, upon written request by the City, defend any &uch suitor action brought against the City, its officers, agents, or employees. The Chamber's indemnification of city &hall not be limited by any prior or subsequent declaration by the Chamber. 4.5.3. Insurance. Chamber shall, throughout the duration of this Agreement, 1II2lintain insurance from responsible and 501 vent corporations authorized to i5&Ue &uch policie& in California with a financial rating of at lea&t a "A, Cla&& V" status or better 11.& rated in the most recent edition of "Best's Insurance Reports" unless a lower rating is approved by the City's Ri&k Manager. Said in&urance coverage shall include: . 3.. commercial General Liability Insurance including Busines& Automobile Liability Insurance in the amount of $1 1IIillion combined single limit, which names the city of Chula Vi&ta as additional insured 2f]-ff~~5:J- 78-/;l - -.---------_...- - Page 11 and is pri~ary to any insurance policy carried by the city. -- 2. statutory Worker's co~pensation Insurance and - Employer's Liability Insurance in the a~ount of $1 ~i11ion. 3. All risk property insurance covering the value of property inside the building. Cha1nber will provide, prior to co=ence~ent of the services required under the agree~ent, certificates of insurance for the coverages required in this section, and, for co=ercial General Liability Insurance, a policy endorse~ent for the city as additional insured, a policy endorse~ent stating the Chanber's insurance is pri~ary and a policy endorsement stating that the li1lli ts of insurance apply separately to each project away fro~ pre~ises owned, rented or operated Þy the Chanber. certificates of insurance must also state that each policy may not be canceled or materially changed without at least thirty (3D) days _7itten notice to the city. Each policy which the Chamber maintains shall na~e the City, Redeve1op~ent Agency, the County of San Diego and MTDB as additional insureds. 4.6. Ouarterlv Reports The Cha1nber shall record and submit in -writing quarterly reports to the city for the quarters ending September 3D, December 31', March 31 and .June 3D. Said reports are due within 30 calendar days of the end of the quarter and shall include the following: 1) Number of inquiries processed, per location, at both the Center and the Main Office, as received by mail, phone and walk-in visitors and the number of inquiries responded to by mail. Types of inquiries shall be categorized by, but not limited to, the following topics: a) Tourist/Visitor related b) Mass transit - trolley, bus c) special Events d) New residents e) Government services . f) Mexico g) Business/service referrals h) General civic information i) Recreation j) other . 1 g//ý ~:þ(~ - - -.. .-_..~_._---_.- Page :1.2 2) Additional data shall be collected, in a fonn and frequency as further specified by the city, regarding visitors' cities of residence and hour and day of visits. 4.7 ~inancial ReDorts. -- Within thirty (30) days after the end of each quarter of the tenn hereof, commencing with the thirtieth day of the month immediately following the first quarter of this agreement, and ending wi'th the thirtieth day of the month succeeding the last month of the tenn of this agreement or any extensions thereto, the ChaJllber shall furnish to the City a statement in writing, certified by the ChaJn:ber to be correct, showing for the previous quarter the Center's Gross Sales and Applicable Operating Expenses. The Chamber shall keep: (a) full and accurate books of account and records in accordance with Generally Accepted Accounting Principals consistently applied, including, without limitation, a sales journal, general ledger, payroll records, and all bank account state1Dents showing deposits of Gross Sales, (b) all cash register receipts with regard to the Gross sales, credits, refunds and other pertinent transactions 1Dade fro1D or upon the Pre1Dises and (c) detailed original records of any exclusions or deductions fro1D Gross Sales. Such books, receipts and records shall be kept for a period of two (2) years after the close of each calendar year and shall be available for inspection and audit by the city and its representatives at the Premises or at the principal place of business of the Chamber during regular business hours. In addition, upon request of the' city, the Cha1Dber agrees to furnish to the city a copy of the ChaEber's state and local sales and use tax returns. The City shall, within two (2) years after the receipt of any such state1Dents, be entitled to an audit of such Gross Sales and expense record. Such audit shall be conducted by the City or by certified publi c accountant to be designated by the City during nonnal business hours at the principal place of business of the ChaJllber. In addition, if any of the ChaEber's statements shall be found to have understated G~oss Sales or overstated expenses by more than two percent (2'), or if such audit shows that the ChaEber has failed to maintain the books of account and records required by this section so that the city is unable to verify the accuracy. of the ChaEber' s statement, then .'the Chamber shall pay to the city all reasonable costs and expenses (including reasonable auditor and attorney fees).which 1Day be incurred by the city in conducting such audit. ~ ~3 ~/ç , - Page 13 4.8 Use of Payments and Revenues. The paY1l'ents from the city to the Chamber and revenues realized from operation of the Center shall be used only for providing the infonnation services outlined herein or for other purposes as 1IIay be approved by the city counc-il. These 1IIonies shall not be used in support of any political activities for any candidate or issue, nor 1IIay they be used to supplant other Chamber funds in any 1IIanner that results in such Chamber funds being used to support any political activities for any candidate or issue. Any political expendi tures 1IIade in relationship to the Cha1llber will be considered as Political Action committee (PAC) funds specifically raised for political purposes. 4.9. possessorv Interest Tax. Even though this is a site-specific services agreement, and not a lease, the Cha1llber shall be responsible for any possessory interest tax, if same may be successfully assessed. 5. Duties of citv. 5.1 Dutv to Make Premises Available for tne Use and Occupancy of the Chamber. city agrees to 1IIake the Premises and Center available to the Cha1llber in order to provide the visitor and transit infonnation services herein required, and to conduct such other collateral uses herein penni tted, which availability shall be to the exclusion of all other commercial uses of the premises. The Chamber has no independent right to occupy the Premises and Center except to provide visitor and transit infonnation services. 5.2 Dutv to Allow the Chamber to conduct Certain Commercial Activities. 5.2.1. Pennitted commercial Activities. On the terms and conditions herein specified, including accordance with the approved Design Layout, the Cha1llber shall have the right, and City shall pennit the Cha1llber, to conduct the following commercial activities or sales at the Center: 5.2.1.1 Transit tickets and passes 5.2.1.2 "Chula vista": 1) T-Shirts, Caps . 2) Bwnper stickers, Key Chains, Buttons 3) Pens and Pencils 4) postcards 5.2.1.3 Film, Flashbulbs, and Batteries 2ß-íT ~ 9[J-/t Page 14 5.2.L4 Maps/Guide Books 5.2.1.5 Mexican Auto Insurance 5.2.1.6 Newspapers and Magazines 5.2.L7 Travelers Checks/American Express services 5.2.1.8 Soft Drinks/Coffee 5.2.1.9 Candy/Gum/Snack Foods 5.2.1.10 Sunglasses h 5.2.1.11 Suntan Lotion/Chap stick 5.2.1.12 postage stamps 5 . 2 . 1. 13 Kleenex/Pocket Combs 5.2.1.14 Lottery Tickets 5.2.1.15 Tour and Excursion Tickets 5.2.1.16 Video/vending machines 5.2.1.17 Display advertising space as penr.itted herein. The sale of products or services not listed above is subject to the city's approval. Such approval shall not be unreasonably withheld, but shall be consistent with the approved Design Layout. 5.2.2 C01l1pensation. 5.2.2.1 Base C01l1pensation For any quarter in which the Applicable Operating Expenses exceed the Gross Sales, the City shall pay to the Cha1nber half of the difference, up to a maximum amount of $15,000 per fiscal year. 5.2.2.2 Main Office Services C01l1pensation For continuing provision of Main Office Services, the city agrees to pay the Chamber the sum of $30,148 per fiscal year, prorated quarterly, for the tenn of this agreement. 5.2.2.3 CPT Ad"iust1l1ents At the option of the city, the annual sum listed in section 4.2.2.1 and/or in section 4.2.2.2 may be adjusted at the beginning of each fiscal year, starting with the FY 1995-96, in proportion to the percentage increase of the All Urban Consumer Price Index for the San Diego Region (CPI) for the most recent twelve (12) months, up to a maximum of 5% per year. 5.2.2.4 rime of paV1l1ent Quarterly payments shall be made wi thin ten (10) work days after receipt of quarterly reports to be :2!]--r6;Ø ~ 98 - /? .'.. - -.......--. Page 15 sub:mi tted by the Chamber as specified in section 4.1.10. 5.2.2.5 Residual Com~ensation - Previous Contract The city agrees to pay the Chamber the pd;ce agreed in the Previous contract for the final quarter(s) or prorated fractions thereof for all services delivered through the termination date of the Previous Contract. 5.2.3 Initial Subsidv for Inventorv Prior to March 31, 1995, the city shall provide a one- time paj'1]lent of $10,000 to the Chamber to procure an initial inventory of Chula vista-related memorabilia for resale at the Center. Purchases made with said one-time paj'1]lent shall not be considered Applicable operating Expenses. 6. Desian Lavout. 6. 0.1. The City and Chamber agree to complete a plan ...hich deJllonstrates the color scheme, theme, lighting, and physical location of any furniture, fixtures or equipment as may be included, such as tables, chairs, racks. shelves, vending machines, display advertisements, etc. (hereinafter "Design Layout") to be incorporated into the interior and exterior areas of the Premises. The city will work with the Chamber and a space designer to be provided by the city to develop a design layout that is acceptable to both parties. city Approval will be subject to all city rules and regulations, including but not limited to Design Review. The city and Chamber will use good faith and best.efforts to produce a graphic Design Layout acceptable' to the Ci ty no later than December 20, 1995. 6.D.2. until said Design Layout is mutually agreed upon by the parties, or until the te=ination of this contract if agreement on the Design Layout is not reached, The Chamber shall maintain Center displays, including, but not limited to, the following: 1. One bulletin board of community activities of a size and design acceptable to the City. The Chamber shall insure that =ent information concerning upcoming special events within Chula Vista are displayed at all ~imes. 2. Display map of the city of Chula vista. 3. Display stand of scenes of Chula vista; 2G--71 ~/-Ø;7 0- ¡g- Page ~6 4. Display space on the information counter for brochures designated by the city about Chula vista attractions. The Chamber will further provide space for transit brochures designated by the city in a location mutually agreeable to the parties. -: . S. At least one fully stocked brochure rack in the lobby area of the premises containing brochures which provide information on the major visitor attractions in Chula vista and San Diego County. city may terminate any use in the interior of the Center or layout of the interior fac::ili ties which it finds objectionable; and the Cha1llber is prohibited from use or decoration of the exterior areas without the advance written approval of the city. 6.0.3. The Chamber shall not make any structural i1l\prove1l\ents or changes to the Premises except in accordance with the "Design Layout" which has been reviewed and approved by the city. 6.0.4. The Chamber'S operation of the Premises will confonn to the approved Design Layout. Any changes to the approved Design Layout must have prior approval of the city. 7. Review and Amendment The Chamber and contract Administrator shall meet on at least a quarterly basis to review items including, but not limited to: quarterly reports, scope of services, hours of operation, permitted commercial activities, design layout, and scope and consolidation of Main Office Services. The Cha1llber and the contract Administrator may, by separate written agreement, amend the scope of services or operating conditions relating to: form and content of quarterly reports, visitor services, hours of operation, permitted commercial activities and design layout. Any other changes shall be subject to formal contract amendment. S. Term S.l Initial Term. The term of this contract shall be for two and one-half (2.5) years, commencing January 1, 1995 and ending June 30, 1997, subject to the extension and termination provisions of this agreement. ~~ ~g ---/7 - ~ - Page 17 8.2 Option to Extend Following the initial term of this agree1llent, the City and the Chamber shall have three (3) consecutive options to extend this agree1llent for three (3) year periods, for a maxi1llU1ll of nine (9) additional years. other terms and condit;pns of the contract during the option period(s) shall be the same is the initial term. To exercise any such option to extend, the city must give the Chamber written notice of its intention to extend at least five (5) ~onths before the expiration of the initial term or then current extension period. The Chamber shall have thirty (3D) days to notify the city of its iptention to accept the extension option. The Chamber's agreement to extend shall be at its sole and absolute discretion. 9. Maintenance. Repairs. utilities and Improvements: 9.1. Reaular Maintenance The Chamber shall be responsibie for keeping in good order and condition the interior of the premises, the vending machine area, and the rest roo1llS, including but not limited to, interior walls, floors, windows and necessary cleaning thereto. The Chamber shall clean and provide minor maintenance for the rest rooms, which are a portion of the premises, for the use of the public. Restrooms' will be cleaned at least once per day on Mondays through Thursdays. Restroo1lls will be cleaned at least twice per day on Fridays through sundays and on major holidays, unless less frequent cleaning is approved in writing by the city. Restroom supplies such as toilet paper and paper towels shall be provided by the Cha:mber. The Chamber shall be responsible for all costs and supplies necessary for the proper cleaning of the interior of the premises, including graffiti removal which does not require painting, and minor maintenance such as replacing interior light bulbs. The Chamber shall be responsible for the professional cleaning of the interior floors and vending machine area floor at least once every three months using professional equipment and/or personnel. The Chamber shall be responsible for ~aintenance of the exterior advertising panels, steam cleaning of the exterior patios and walkways of the premises when needed, trash pick-:Up and removal, and exterior ashtray cleaning. 9.2. F8cilitv ReDairs The city shall be responsible for repairing and maintaining the exterior of the Center. This responsibility·extends to, but is not limited to, the interior, the roof, exterior walls, landscaping, and graffiti removal. The City shall be responsible for repairing and maintaining all permanent interior improvements to the premises. Said improvements ~ /~ 7ß~.:¿O Page ~B shall include, but not be li1nited to, plumbing, utility systems, windows, fixtures, painting, and wall coverings. 9.3. Emeraencv Repairs The city authorizes the Cha~er to make emergency-repairs of up to $500 for items the city is responsible for repairing and maintaining. Emergenq repairs include but are not limited to broken windows and roof leaks. The City will rei~urse the Chamber for reasonable costs up to $5DO for such necessary emergency repairs within sixty (60) days of submitting an invoice to the city's contract administrator. 9.4. Nealiaence Notwithstanding the foregoing subsections, the Chamber will be responsible for all repairs required as a result of negligence of the Cha~er or the Chamber'S employees. Costs of said repairs shall not be deemed "Applicable operating Expenses." 9.5. 1Jtilities The city shall be responsible for all water, sewer, and electricity utility costs associated with the use of the premises, including the restrooms. The Cha~er shall be responsible for all trash disposal, alarm service and telephone costs. Telephone billing records and long distance charges shall be subject to review and audit by the city. 9.6 Improvements and Personal Propertv~ Title upon Termination 1Jnless otherwise provided in ..ori ting by both parties, all improvements to the Premises shall be the responsibility of the city, and upon termination of this agreement, all improvements to the Premises, all inventory and all personal property remaining on the Premises shall be deemed to be the property of city. ~O_ Termination ~o.~ Riaht to Inspect operations. The Contract Administrator shall have the right to enter the Center, inspect same and review the operations of the Chamber under this agreement at any time during the term of this agreement. ~0.2 Riaht to Determine violations. ' If Staff shall determine that the Cha~er is in violation of the terms of section 9.4 ("critical Violations") or 9.5 ("Significant violations"), or other provisions of this -?jf--.1:J¿ ~ 9ß--02 / Page 19 Agreement ("Other violations"), staff shall notify ("Notice of Determinati on") the Chamber by telephone (or by such other method as it shall determine appropriate given staff's assessment of the seriousness of the breach and the urgency of the need for cure) of the violations. staff's determination that a violation has occurred shall not be reviewãble by the city council at this time, but Staff shall use its reasonable judgment in exercising its discretion hereunder. ID.2.1 Contents of Notice of Determination. The Notice of Determination, verbal or written, shall contain the violation or violations, the date and time, if time specific, of occurrence of the violations, the nature of the violations (i. e. , critical, Significant, other), and may establish a time within which to commence and effect the cure if staff desires and if Time to CUre is required to be tendered by the terms hereof (Section 9.3). 10.3 Time to CUre. 1D.3.1 Time to CUre Not Recruired. If Staff reasonably determines that a violation by the Chamber was or is either a willful and avoidable violation of critical nature, or not capable of cure, Staff may institute Termination Proceedings, as hereinbelow defined, immediately without providing time to cure. 1D.3.2 Time to CUre Recruired. unless Staff is not required to afford the Chamber time within which to cure the violation(s) pursuant to paragraph 9.3.1, Staff may establish a time within which to cure the violation at or subsequent to the time at which it determines a violation has occurred. Staff's establishment of a time within which to cure shall be based upon its detennination of the Chamber's CUlpability in committing the violation, economic feasibility to cure, and need to cure. ID.3.3 'Force Ma'ieure. If a violation occurs that is caused by a fire, flood, earthquake, bridge collapse, chemical poisoning, act of war, or similar major calamity, and as a further result of said calamity, the Cha3Dber is prevented from commencing and diligently prosecuting a cure for the violation using reasonable efforts, the duty to cure the violation shall be suspended for the period of time in ~~ 9£ é?~ - - ~-_._..._-_. ~ . page 20 which the Cha1!lber is prevented, not to exceed one (1) month. 10.3.4 Failure to Prosecute CUre. -- Fai1=e to co=ence the cure i=ediately, diligently prosecute the =e, and to effect the cure within the time set by Staff shall be grounds for city's termination of this agreement, and Staff may institute Termination Proceedings. 10.4 Critical Violations The following shall constitute ncritical violationsn of this Agreement: 1- The Center is closed, or otherwise not operational in terms of providing visitor and transit service to the public, for any cumulative (not necessarily consecutive) periods in excess of eleven (11) hours during the specified minÌlllUJD operating hours in any 3D-day period; or, 2. The Cha1!lber engages in a course of activity which significantly impedes or diverts the flow of visi tors, tourists and the general public from Chula vista business. lO.5 Sj~ificant violations The following shall constitute "Significant Violations" of this Agreement: 1- The Chamber's performance does not present a positive ÌlIIage of the City or does not provide complete and accurate responses to information requests from the public; or, 2. The Chamber zl.11 o..·s co=ercial activities to significantly interfere with providing complete and ac=ate responses to information requests from the public. 10.6 ., d' Term1net1on Procee ~nas_ nTermination Proceedingsn, as herein referenced, shall take the following form: . 10.6.1 Staff a;hall establish a date for a hearing (nHearing" ) before the city council of Termination of Agreement not sooner that 7 days from the Notice of Determination. ~ ¡(~ 9g~~3 - .,..- -~- - .,. Page 21 10.6.2 Staff shall provide at least 7 days notice of the Hearing to the Chamber. Notice need not be given to any other party except by the posting on a City Council Agenda. h ~0.6.3 At the Hearing, the city Council shall deliberate upon the occurrence of a violation, and the right to cure the violation, and on such other matters as the Chamber and Staff shall determine are appropriate. 10.6.4 If the City Council shall, it the exercise of its reasonable judgment, determine that the best interests of the city are served by the termination of the agreeJllent, it shall by written resolution terminate the agreement. lD.7 Abandonment. If the Center is closed, or otherwise not operational in terms of providing transit and visitor service to the public, during all of the specified minimum operating hours for two consec::uti ve days, this AgreeJllent shall be deeJlled terminated at the option of the Contract Administrator and upon exercise thereof, the premises shall be deemed abandoned. 10.8 Compensation and/or Damaces. In the event of termination, compensation due shall be prorated less any damages caused to the city by the Chamber's breach. J.1. Miscellaneous Provisions. J.L ~. Assicninc and Sublettinc The Services of Chamber are personal to the city, and the Chamber shall not assign, subcontract, transfer, sublet or encumber the premises or any interest in this Agreement (whether by assigmnent or novation) .....ithout the prior written consent of the city. J.L 2 . Administrative Claims Recuirement anò 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 .....ith the city of Chula vista and acted upon by the city of Chula Vista in accordance .....ith the procedures set forth in Chapter ~.34 of the Chula vista Municipal Code, the provisions of .....hich are incorporated by this reference as if fully set forth herein and such policies and procedures used by the city in the impleJllent.ation of same. Upon request by the city, the Chamber shall meet and confer in good faith .....ith the City for the purpose of resolving any dispute over the terms of this agreement. ~~~ 9g'~021 --.....-- - Page 22 ~~.3. ~ttornev'S Fees, Should a dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the clai~, including costs and attorney's fees, provided that said party has-exer~ised best efforts, in good faith, to negotiate a settle~ënt of the dispute prior to and during the litigation. ~1.4. ET1tire ~areement. This Agree~ent, together with any other written docUJDent re:ferred to or conte3llplated herein, embody the entir~ Agreement and understanding between the parties relating to the subject ~atter hereof. Neither this Agree3llent nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforce3llent of such amendment, waiver or discharge is sought. D.S. 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 fro~ its principal to enter into this Agree~ent; that all resolutions or other actions have been taken so as to enable it to enter into this Agree~ent. ~1.6. Governina Law/Venue. This Agreement shall be governed by and construed in accordam::e with the laws of the state of Cali:fornia. MY action arising under or relating to this Agreement shall be brought only in the federal Dr 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. ~1.7. Independent contractor. city is interested only in the results obtained and the Chamber 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 to reject or accept the Chamber's performance according to the terms o:f this agreement. The Chamber and any of the Chamber's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to'be an employee o:f city, and none of the~ shall be entitled to any benefits to which city employees are entitled including but not limited to, overtime, retire~ent benefits, ~~~ 9!? - c2C;- -- Page 23 wDrkers compensatiDn benefits, injury leave or other leave benefits. 11.. 8. Financial Interests. 11. 8.1- The Chamber warrants that neither they_nor their . - employees or agents presentlY have any interest; directly or indirectly, whatsoever in the property which is the subject matter of the contract, or in· any property within ten (10) radial miles from the exterior boundaries of the property which is the subject of the contract, except as listed on an attachment hereto. 11.8.:2. The Chamber further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to the Chamber or their associates. The Chamber promises to advise the city of any such promise that may be made during the tenn of this contract and for subsequent extensions. 11..8.3. The Chamber 1r.ay not conduct or solid t any business for any party to this contract or for any third party which 1!lay be in conflict with the Chamber's responsibilities under this contract. 11. 8.4 . The Chamber further agrees to waive and forego the follo....ing: relocation benefits, owner participation rights and claims for good....ill. 12. correspondence and Noticinq correspondence relating to this agreement should use the addresses given below: George Krempl Roderick F. Davis Deputy city Manager Executive Director City of Chula Vista Chula vista Chamber 276 FOurth Avenue of Commerce Chula Vistà, CA 91910 233 Fourth Avenue Chula vista, CA 91910 ~ ~~ /ff~j - Page 24 SIGNATURE PAGE TO CONTRACT TO PROVIDE VISITOR AND ~~SIT INFORMATION SERVICES AT THE CHULA VISTA VISITOR INFORMATION CENTER IN WITNESS WHEREOF, C~y and Chamber have exëcuted this Agreement this 20""" day of e.........\o.c.L J.994. THE CITY OF CHULA VISTA CHULA VISTA CHA..~ER OF COH¥..ERCE ¿)&/~/JkEn Æ~~/vØ.-ALa~ President Mayor -~-;;¡,./ / ~ - þ ~r"'~L1- E)~cútiwe D rector ~ 7~ <J ff-.27 -- · First Amendœent to Contract to Provide Visitor and Transit Information Services at the Chu1a vista Visitor Information Center and Chamber of Commerce Main Office as approved by the city council December 20, ~994 This AJDendment, entered into this 30th day of December 1994, for purposes of reference only and effective as of the date last executed by the parties, is between the city of Chula vista, a chartered 1nunicipal corporation ("City"); and the Chula Vista Chamber of Commerce ("Ch/m1)ern), and is :made with reference to the following facts: J.. Whereas, the city agreed on December 20, J.994 to enter into a contract have the Chamber provide visitor and transit information services at the Chu1a Vista visitor Information center and Chamber of Commerce Main Office; and 2. Whereas, the city council reco:mmended certain aJDend1Dents to the proposed contract regarding the ho=s of operation on the visitor Information center; and 3. Whereas, the Mayor of the City of Chula Vista was thereby ð'.:thorized and directed to execute said agreeJDent for and on behalf of the city with such :minor :modifications as are approved by the city Manager and city Attorney; No~ therefore, the parties :mutually agree that the provisions of the agree:ment dated December 2D, ~994 for purpo~es of reference only and effective as of the date last executed by the parties, is hereby amended in the following regards only, and as so aJDended shall hereinafter be referred to as the "First AJDended Agreement": Section 2. J. "Gross Sales" Defined.· The term "Gross Sa~es" as used in this agree:ment shal~ include the entire Gross Sales of every kind and nature fro:m all sales and services :made in the Pr_ises whether for credit or cash, whether by the Cha:mber or by others, with the exception of those products or services on which standard commissions are earned. Such commission-based products and services include Mexican ins=ance, lottery tickets., trolley and transit passes and pay telephone!>. other products and services :may be iDcluded in the commission category with the approval of the city's contract ad:miDistrator. For commission-based products and services, only the aJDount of the commission will be iDcluded in "Gross Sales." If. however. the c01l!1l\~ssioTl-based 'Droduct '!Dust ~e 'Durchased bV the Chamber 'Drior tó its resale ;0 th~ 'DUb;'iC. a~ ;~e w~ol::;le cost is therefore cOTlsidered ~TI "þ,~l~~able i_eo;;i:h ~a ense." as here~Tlafter defined. hen t e 11 va ue e 1e shall be cOTlSldereè! as 'Dart of ~ /{~~ ~Lf--~r --- --. ...- Visitor Center: Chamber - First Amendment Page 2 "Gross Sales." "Gross Sales" shall not include any rebates OJ: refunds to customers or sales taxes accounted for and paid to a governmental agency. section 4.2.~ Hours of Operation. The Chamber shall operate the Center at least nine (9) hours per day on weekdays and eight (B) hours per day on weekends and holidays. Durina the ~onths of JUne. Julv. ~uaust and ~e~te~b~r. the Chamber shall operate the Center on weekends o a east twelve (12) hours per dav (hereinafter "Summer Weekend Hours"). Initial operating hours shall be 9 a.m. to 6 p.m. on weekdays and 9 a.m. to 5 p.m. on weekends and Summer Weekend Hours of B a.m. to B p.m., subject to amendment by separate written agreement of the Chamber and Contract Administrator. No later than Septe~ber 15. 1995. the Chamber ~nd citv shall present a report to the city Council recardina he summer usace of the Center and any recommendations for chances in the hours of operation. The Center may be closed on Thanksgiving, Christmas and New Yeàrs Day. Section 4.2.4 Siqnace. The Chamber may be required to post a "Free Visi tor Information" sign at each of the three entrances to the Center or at the counter. Size and design of the sign(s) will meet with the approval of the city. The costs of supplvinc aT>d installino any such sicn(s) shall be borne bv the City. The Chamber is prohibited from erecting or creating any signs on the premises which are visible from the outside or in any area within the jurisdiction of the city without prior 'Io-ritten approval of the city. Interior signage or advertising is subject to the city's approval. Section 4.2.9 Restroom ~ccess. During the Center's hours of operation, the restrooms shall be =locked and available for public use. The city reserves the right to allow bus drivers to have access to the restrooms during hours that the Center is closed, with said access being through the exterior doors opening into the Center's restrooms. No access will be penni tted in to the other interior areas when the Center is closed. The Chamber will lock the interior doorS to the restro01l1s when the Center is closed to help prevent access. On or after Julv 1. 1995. the ~~amber and Citv shall meet to evaluate the use and cleanina th; ;:e~trooms and anv imp2lcts imputed to 'after-hours oocess. 1£Þ3ó y~ 93 -.)'7 visitor Center: Cha~er - First Amendment Page 3 section 4.4 security: Bondinq. - ;:::--'-er s1iall àe!,ssit 09,999 iP. eas~ ~ .:'~~!i~~ ~: :;:~ :~~ ~~~:nmises is returfleå h i.t.s.:,ri!f~~~. ~~~~t~~~ :::~ :¡~~a__~. sf tBe eefltra~: i~~~~J.t~ ~. ~t~ ~ ~;~ :~:~ e._~:tj _9 ~.; i;-¡est. ~e ~ee\ft'Uj" h a man~: ~~ie~l ~: r C!: . bI- ee !Beflt.s. CJ. tj' sHall !'a:¡ ~~~a:~~ ~~ ~~: ~~::::: ~e .~!'It:~;st e~~eà 111'1 ~e_ £ul!rity ~~ t..,h.~_ e.::;~?~ _:::::: r:t_ ___!'Ie!! } ~ the SJ.tJ ell all ::! ~t: ~i~:~ :'F;':;;;;. !'I:-s 1'h~ C5--'-e!!' Bas t~e s!'tien.te. II:S:-~~ ~~!~. ~~~~ : S;~~:i ~n¡ :l!'l a feR. aeee!'ta~le te Sl~~ ~ ~~ ~~:~~natl.Ye e £:)s.--"-ez's pe.:rfe=sanee &S ße.reiJi re:qu~=e.à. ~n lieu ~ ~rOV~d~nq a security de~osit or bond, the Chamber ~erebV a_iees t~a~comDensation for Main Office Services may pe wit~he~d in _a ent for. and in ~roDortion to. any reDair or mai:t:,' ~nce wo;~ re~ired. as a result of C~amber's f!lilure to maln aln the rem ses ln accordance wlth Section 9.1 hereof. section 5.2.1.18 Chamber of Commerce memorabilia. services and membershi~s. Section 5.2.2.1 Base conpensation For any quarter in which the Applicable operating :Expenses Ú the Center exceed the Gross sales at the Center, the City shall pay to the Cha:mber half of the difference, up to a naximum anount of $15,000 per fiscal year. section 5.2.2.3 CPT Adiustments At the option of the city, the: annual sum listed in section ,(,2.2.1 5.2.2.1 and/or in se'ction -'.2.2.2 5.2.2,2 :may be adjusted at the beginning of each fiscal year, starting with the FY 1995-96, in proportion to the percentage increase of the All Urban Consu:mer Price Index for the San Diego Region (CPI) for the most recent twelve (12) nonths, up to a naxinUJll of 5t per year. section 5.2.3 Initial SubsidV for I~ve~torv Prior to Haæeft 31 ~anuarv 15, 1995, the city shall provide a one-tiJDe pay:ment of $10,000 to the Cha:mber to procure an initial inventory of Chula Vista-related nemorabi1ia for resale at the Center. Purchases nade with said one-tae pay:ment shall not be considered Applicable operati~g Expenses. ;z¡ÞJT /r~/ß~3tl -. Visitor Center: Chamber - First Amendment Page 4 section 8.~ Initial Tenn. 'I~ ¡. 1\í.., ir.+c,,+ '"' çf i1u..r..t~$- i1-v.r The teru of this contract shall be for one and one half (1.5) years, co~encing J uary 1, 1995 and ending June 30, ],997 1996, subject to e extension and teruination provisions of this agree:ment. ~tk fll.rt-;c' ......II$Ì" t.M5-e....1- Sec:tio'n 10.9 Additional Neaotiation .." AÞ'\~ ;he city and Chamber herebY acree to neaotiate in aood faith te~Ïdi~~ an; Dote;tial amend:rnents to this ecreement for e~ ~na_:on or convenience or ston-loss termination. A~v ~UCh ~:end:rne~ts Sh:i1 be sub;ect to aDDroval bv the city ,anaae . and itv A ornev. and. if dee:rned necessarY bv the ë~tv ~tt~~e~~ the city council. which shall at)Drove or d'sat)D ove a such DroDosed amendment in its sole and ~nfettered discretion. section 10.lD Services UDon Tennination Should the Darties decide not to exercise any SDeci f i ed options to extend or otherwise brina about the termination of this contract. and if such intent to terminate is mutually limited to the se~ices provided at the Center. both Darties herebr a;;:~ to ~~faotiate a separate contract for Drovision of ~a' n Of. ':ce S_ . ces with comDensation to the Chamber at an a~n~a~ lev~i ~; ~3Õ~î4B. Such contract ~hall be.su~;ect to C t ounc p ov to be cranted or wlthheld ln lts sole and unfettered discretion. (:End of page. Next page is signature page) , ~ ~ 93--.7/ ~ visitor Center: Chamber - First Amendment Page 5 SIGNATURE PAGE TO _. . FIRST AMENDMENT TO CONTRACT TO PROVIDE VISITOR ];lID TRANSIT INFORMATION SERVICES AT THE è:HUIA VISTA VISITOR INFORMATION CENTER AND CHAMBER. OF COMMERCE MAIN OFn CE AS APPROVED BY THE CITY COUNCIL DECEMBER 20, 199~ IN WITNESS WHEREOF, city and Chamber have executed this Agreelllent this day of 1994. 'l'.t..!:. CITY OF CBULA VISTA C-rlULA VISTA CHA."!:BER OF COMMERCE . ()ii s;jL J'4¡frti/tfi Ci t¿?'ager Pres;l ent I . Appr v d "t . ~ ß~ 9!J-3cÅ - - . ..: - . ~:-......;... 1fV1 T.... CHULA VISTA CHAMBER OF COMMERCE >II!'": . ".":, -' - -- A~~Rr.Þn c...r.....-. -- .......,..... ...-....... A.N INVESTMENT IN THE FUTURE BOARD OF DIRECTDRS Prealtlen1 January 5, ] 995 :>¡¡ne ",Ir.-I! Pre.ltlem Ele::1 Jr,":'", \"w'eave':' George Krempl City of Chula Vi51a Vi::e Prul=,enIS: 276 Founh A venue G:-e;:::;). Chula Vista, CA 919]0 D'1~!S ¡"fo... -s I.\ë!;- A--·c ~,= Re: Clarification of ~B.2 in Visitor Information Cen1er Ser"ice Agre::ment Da...·e V"E-j tlemb£'s: Dear George: p¡r.:;:,.õ 3ii7:'\eS PJease allow this lener to clarify a concern expressed by your City Attorney. RenH S."e Jœ",.,.. Cia}""" It is the understanding of both pa11ies that in order for any extension option S~Pve C:.···~5 to become valid, both parties - the City and the Chamber - must indicate R=-œ:: GC'='B their consent to any such extension and that no individual pany has the S.:!:=' r-~.""f.'~' unilateral right to force an extension on the other pan)'. C-::-- "=.- r-""'I _. . --'- ..-- -.:.._i-.',';' Sincerely, 1::- :...:.:.-_=.'b....~ Chula Vista Chamber of Commerce ~=:::. !.'=.':'-E.~ - ~=£-, :>~-""". "~:J F~.ë-~ £::-::: 5=:.. ì-:=,~.as ß:,.: ~'..' .s j':"1 Pa~ Preslllent -; =>BICavB"",,,gh JW:ce &e~l.IIíve DireClor R:>d DavIS . :J8--Jf '113 ~ 5;3 dY~ -- .~..~. ---..-,,--. -' Secon~ Amendment to contract to Provide Visitor and Transit Information Services at the Chula vista visitor ~nfor.mation Center and the Chamber of Co~erce Main Office This AJIIendment, entered into this 6th day of .:rune 1.995, for purposes of reference only and effective as of the date ~ast executed by 'the parties, is between the city of Chula Vista, a chartered aunicipal corporation ("city"); and the Chula vista Cha1DÞer of Co:zmerce ("Chzmber"), and is :made with reference to the ~ollowing factS: Whereas, 'the city and Chamber were party to a contract for general information services ("Previous Information Contract") offered from the Chamber of Co:mmerce Main Office, with co:mpensation provided ~or staff costs; and Whereas, 'the city and Chamber subsequently, in December 1994, entered into a contract on Dece1DÞer 20, 1994 ("co:IIiDined Contract", Docu1llent ICO-94-276) for operation of the Visitor Information Center at the Bayfront/~ Street Trolley Station; and Whereas, ðue 'to the si:milarities in 'the services to be provided, this Combined contract terminated the Previous Information contract and provided instead for visitor and transit services at the Chamber Main Office and the Visitor Information Center, continuing the Previous Information contract's C01llpensation for staff costs and with an additional subsidy provided for Visitor Center staff costs; and ~~ereas, 'these services---although historically offered fro:m separate locations---are very si:milar in nature and content, such that the Combined contract called for their consolidation where possible and practical; and . Whereas, the Cha~er has been pursuing such consolidations, via such efforts as a new visitor hotline (4CV-!NFO) . and a voice ~ail syste:m); and . Whereas, as part of 'the ðraft budget for the Chula Vista convention and Visitors Bureau, the city and Chamber a;reed to formalJ%e the consolidation of services by reducing the combined contrãct compensation by $18,1.00, thus :making funds available to fund new marketing staff as budgeted in a separate contract for Convention and visitors Bureau Promotion services at $20,000; NOW. THEJŒ}'ORE, coincident with the adoption of the contract 'to Provide Chula vista convention and visitors Bureau Pro:motion services. the parties 211Utually agree that the provisions of the Combined contract, as First bended on DecU!ber 30, 1994 for purposes of reference only and effective as of the "ate last executed by the parties, is hereby amended in the following regards ~ 9II~3¥ C07S"-J;jø2 ~ -. . visitor Center - Second Amended Agree~ent Page 2 only, and as so amended shall hereinafter be referred to as the .Second Amended Agree~entn: city and Cha1Dber do hereby agree to amend the Combined Contract as follows: section 5.2.2.1 Base Comoensat~ Effective FY 94-95 and thereafter. for any quarter in which the Applicable Operatin; Expenses exceed the Gross Sales, the City shall pay to the Chamber half af ~he I!iff£re.!'iee one hundred 'Derce"t (lOOt) of e"v 8~"\Jal ooeratina loss. up to a maximum amount of $lS,DOO per fiscal year. Effective FY 95-96 end thereafter: if ftGross Salesft ~~~~~d ft~oolicable Ooeratina Exoenses durina anv fiscal . t'WeT1tv-f'ive "CerceTlt (25') of' &81d net ''nTofits shall be re~itted to the ci~v. For ~nTDoses of' c01TlDutina "e't losses. e"v 1noT'1:fes re~e:iveè ~~~m ~he San .Dieco Countv Communitv Enhancement Proaram r th San Dieao Unified Port District for the Visitor Ce~ter would be couTlted as Visitor CeTlter reveT1ues. For ~~rDoses of comDutina net ~roflts. 1noT'1ies received ~~om the San Dieco Countv Communi tv Enhancement Proaram r the San Dieco Unified ~ort District for the Visitor c~nter would not be couT1ted es Visitor CeT1ter revenues. , Section 5.2.2.2. ~ain Office Services Comoensation For continuin; provision of Main Office services, the city agrees to pay the Cha1Dber the ~um of $30,148 per fiscal year, prorated quarterly, 'throuah the end of Fisc!S1 YeP1T 1.994-95 and $12.048 'D~r f'fsce:l veaT. ~roreted cruarterlv for the remainder of the term of this ç agreement. Section 5.2.2.3 ~i~e of Pevment Quarterly payment. ëall ~e .alle ·,dt:!\in ~en (19) t:er)l .aya ~Bv'bê Bdv8~ceð at ~he bea1~~inå of B ·OU8~er ønð shall be subiect to ediustments after receipt of quarterly reports to be sub~itted by the Cha~r as specified in Section ..1.19 4.6 and Section 4.;. ~ /ß~JS- -.- .- .----.- ': . . Visitor Center - Secon~ Amended Agreement ,.... Page 3 SIGNATURE PAGE TO -- SECOND AMENDMENT TO CONTRACT TO PROVIDE VIS:¡TOR AND TRANSIT ~NFORY~TION SERVICES AT THE CHULA vISTA VISITOR ~NFO:RMATION CENTER AND CHAMBER OF COMMERCE MA~N OffICE AS APPROVED BY THE CITY COUNCIL DECEMBER 20, 1994 AND FIRST AMENDED DECEMBER 30, 1.994 ~N . tnTNESS ~DU:OF, Ci ty ~nd Cha1llÞer have executed this Agreement 'this 7"~ day of 'E'pP-"ßE>( 1.995. THE CITY OF CHUIA VISTA CHm.A VISTA CH.A.~ER OF COMMERCE , ~hß bl/JtIo-rZfru ,~ I ~r1-""" ¿~./C.-cc.~ ).J"~ preSiL:/t Mayor ~I:U~~ JJ~ Ex,cutive Director . - City Attorney :; ?fÞ3/ 7{]/ J ¡.. - ~.ï:hCHM::r'ï #3 7~ =¿ Ame~j~e~t to :::>::::::-.=:::. :'0 ?::-=-.;:..ôe Vis :.:::r ê.:1:J. 7ra.:-lsi't I:-.:.:fc::-;¡;a:.ioD. 5e:::.-v:'ces -...... ............=. QI,.. 1.....- C~~la Vista Visitor Information Center anà t~e Chamber of Commerce Main Office -- ~~;s ~'møn~mø~~ ~ntø~ø~ ;~~D ~~;s 1s~ a-ay 0: July 1DD5 :o~ __...... .-:"1....,1. _ _';'JL. I _... __ _..... ............... L.....__ L.. ~ - _-"_', ~ _ p:":'=?Dses Df reference only and effective as of the dat.e last Q ·c-,,-¡:;.d ¡... ...."n=:o ---.,....t';ø .; ~.:>... pr;:.n ~h~ c·... -= Ch 1 ":7..;..... _)._...._'-_ ...,;Y ..._._ ~=- __5, _S .,;.,.I_I.-W__... L-.... ~I,..y 0..1.. U a v_SJ...3, a _-~-"""-Þ-c>" ~'':''''1';'': 1 ......at; ( "C';'" II). a ~ ~. ø C-..","::I ~i'; - ___=-_ __... _D m_"__c_;oa_ c:o~o_ _on ......y, ::1.... _:1_ ___..L_ v_s_a C::'a.iiÒe= of COiiìme=ce (II Cbani:>erl'), a:-lò .is made '~:i t.~ ::-efe=-e:1ce :'0 t.~e· :::2:0\0.-:':;; =ac~s: ~~ø~øas ~~ø C;~y -nd C~~~~ø~ wø~e ~-~-y to a cont~ac~ --~ H...___ ... , .........._ _... c,... ...,1._111....1__ __ ~r::.._ L- .:.. _ 1....I..-..J..... ---.0....-1 - .. _...-i-..¡-.......,... ';-,': ---.; -:;.'; ("~"; t'Í ,..: -' :::=_~__:::._ c:.:1Q v_~_..........._ ___.;.0_111:::'1-_011 ~_J:V_ces _X-.5 _ng _n.:..O::1iia......lon rD-'--= -II ,-=';1ø ,~-' -'~ C.;...~ C"",.,...k - D ~ ø,..,- ~CO~- 1 2) .... _~:...__Cl- I 0:1 ...;..__.... \\~....!:l ...11.... _I-Y ___ c..5 :>c:..lrn...~_:... 'r. ~:;,-_4 ~~-=ø~cd :~::>m -~~ C~a~~c~ D: Commø~cø w-.;~ O-=':";c:~ -nd :0- --' '-'__ __ _ .:.._ I-";'..l_ _.I u......,__ _ __ _ . Jc.__... .:....1.._.... c::..J. .:...... opeT::: ....:10:1. Do: -'"o¡c "':''';s~-o- -""':D~--";"""'-' Cø~-:;..,... -- -~~ .-,a~·':""'D""-/~ 5-.,...~O~..... 11 ...;.. ;...._~_ v.... ..:.._ .... ..l.__.:.. _¡ ¡c:.""_U_..l __......__:::.... ...-..- ~ 1'..1.._ --.... _ ....--_.... l=D__=Y 5:.;~i~~; 2.:1:: ~~===a5, ~~= ?a=~ie5 ¿esi== :'0 ex~e~à ~~e i~i~ial ~e=m of ~ha~ c~~~==c~ ~y D~= 2~~i~io~al year, ~D be co-~e~inus ~i~~ a~ 2.:::::J:::=-=~V·:':1= c=:::.=-=c~ fo::- :'.:1: CD:..l2a -Jist.a Co::ve:::.io:1 aDd -\.iisi:.o-s - - -' - ~........:.=.. --- ---, NOW, T::'3?2?0R3 c:;¡i=:lcià::::t v:i t.~ t.he adoptiDn of "tb.:: Co::t=ac:. :':;1 ?=:>viò:: Chula Vista Co:;ve::tJ..O:1 a:lQ Visitors 3ureau ?=omotion 5.:.......-"": l:> -'"o¡:;. -""'-';þ '-~'-11~ -""'Þø -';::¡- -' 0. ";" ..; ....-..; ï,..,~ ~--..; __\.'_1::__5, ...___ pc:._...__s roLl......c. _y a~___ ....:1_.... ....n.... _x_.:::>...._:1g ____D_wc..._O:1 Cc:::::-act, 2.S la.s¡: arneTIde:: :J:l 5e~teTrber 5, 1.935 IO::- DUI":)DSeS of ""'~~~-~~C'" O~lv -.-,~ P'::0C:-~"Þ:;' :::Þs _0': -~ø Q'a~'" 1 as- Ø)'~c~'-ø-d "V -""'c ______....1 _. ~:_.. C:-"'J..J. ....~.....~ ......_~_ _. _.I.. 1-.1.,,\..... !".._ _ :. _ "_... ......_ :---.. """;'..l_ ~---'"Io.s '5 ....z:;.-:;.-..v -mønao...... "-"I -....:;. -0110'-~'"I~g ~"'C-~QS O~.J.y -n~ -s so ,:--'c._ ~__ , _ ..J_.... _-'.. CI. _..:. _....r. _.~ Io.-"\J_ _ _ .........J _ ...._c.- ..:..., c........r. ~ aiiì=~ded s::'all ~e:=-eina::f:.e= ~e ::-e::ez-red tD as tbe II 5ecD:J.d Þ..me:1d~:3 .':;s::-eement 11 : Ci~y a~d C~a~=r ÒO ~e~e~y ag::-ee to amend ~~e ~xisting I~fD=ma¡:ion Co~:.=ac~ as £ol}o~s: 5e=~~~~ S.l :nitial Te=-m The term 0= Lhis con~~act shall ~e fo~ ~ two a~d ODe half ::.:: (2.51 yea~s, comm~nc~ng January 1, 1995 and ending June 3D, ____ 1997, subject to t..~e extensio:l and te=mi:1ation ~~DV;S;O~s 0: -h's a5~eømp~- ï- ..;s -h~ ";~-en~ O~ -h~ ~a~-";þs ::-_ __.._ ...;............ ____...... ......_ 1..-____......1._ ~...._::_'-...._- ~bat ~Dth ?arties must c~~se~t to any extension. :011 ~~¡¡;-;~"~g ~~OV;S;O~S 0: -~~ ~x"s-;~g '~-!'o~-tion Cont~ac- shall _~__ _ _ I=_....~.... ~_ _..J...~ .. ......._ _ _ ..._.... _.1..._ ....uiC _ _ ... _ ... .. - ~erna~~ ~n full fDrce and effect. ~ 9ð--Y7 _ visitor Center - Third Amended A;reemen~ pa.ge 2 h SIGNATu~E PAGE TO THIRD AMENDMENT TO CONTRACT TO PROVIDE VISITOR AND TRANSIT INFORY~TION SERVICES AT TAE ~~ VISTA VISITOR INFOR~~TION CENTER AND cHAMBER OF COMMERCE MAIN OFFICE AS LAST AMENDED SEPTEM3ER 5, 1995 IN WITNESS ;rAEREOF, city ~þ~:~;:=r have executed ~. . ¡".l1l.S A;=-eeJDent this / J /;f, day of 1996. T:-õE CITY OF C:ruIA VISTA C¡';UL.1¡, VISTA C5}._'9~~ OF COMM:::::RC::: Æcll II; AI-lit;-rJ:WL HO_Q - D ~2~~~r Ó ?=eS1.0e;1"t ¡j(~:' L~ æ VI T /; :::- E;fcutivè Director Approved as to form by ~ 1/¡A.~~ ~ City Attorney Uf-51 7¿J-:.?y Fourth Amendment to CC)ntract to Provide Visitor and Transit I~formation Services at the Chula Vista Visitor Information Center and the Chamber of Commerce Main Office h h This _Zu-nendment, entered into this 24th day of June 1997, for pu~oses of reference only and effective as of the date last executed by the parties, is between the City of Chula Vista, a c::artered municipal corporation ("City") ; and the Chula Vista Chamber of Commerce ("Chamber") , and is made with reference to the following facts: Whereas, the City and Chamber are party to a contract for general and visitor informatiDn services ( "Existing InfDrmatiDn Contract II t on file with the City Clerk as Document #C096-138) offered frDm the Chamber Df CDmmerce Main Office and fDr DPeratiDn of the VisitDr InformatiDn Center at the BayfrDnt/E Street-TrDlley Station; and Whereas, the parties desire to extend the initial term of that CO:1tract by one additional year, tD be cD-terminus with an accompanying cDntract fDr the Chula Vista CDnventiDn and Visitors Bureau, NOW, THEREFORE, cDincident with the adDption Df the CDntract tD PrDvide Chula Vista Convention and VisitDrs Bureau PrDmDtiDn Services, the parties mutually agree that the Existing InformatiDn CDntract, as last amended Dn July 1, 1996 for purpDses Df reference Dnly and effective as of the date last executed by the parties, is hereby amended in the fDllDwing regards Dnly and extended fDr a periDd of tWD years, and as SD amended and extended shall hereinafter be referred to as the "FDurth Amended Agreement": City and Chamber dD hereby agree tDamend the Existing InformatiDn CDntract J.n the fDllowing regards Dnly, with all remaining prDvisiDns remaining in full fDrce and effect: Section 5.2.2.1 Base CompensatiDn Effective FY 94-95 and thereafter, fDr any quarter in which the Applicable Operating Expenses exceed the GrDSS Sales, the City shall pay tD the Chamber one hundred percent (100%) of any annual operating lDss, up to a maximum amount Df ~::/O:O $12,000 per fiscal year. Effective FY 95-96 and thereafter, 'of "GrDss Sales" exceed J._ "Applicable Operating Expenses" during any fiscal year, twenty-five percent (25%) Df said net prDfits shall be remitted tD the City. FDr purposes of computing net lDsses, any mDnies received frDm the San Diego CDunty CDmmunity Enhancement Program Dr the San DiegD Unified Port District for tbe Visitor Center or Chula Vista ZfY::i- 1ß~J/ ~--- Visitor Center - Second Amended Ag~eement Page 2 h n Convention and Visitors Bureau would be counted as Visitor Center yevenues. For purposes of computing net profits, monies received from tbe San Diego County Community Enhancement Program or the San Diego Jnified Port District for the visitor Center or Chula Vista Convent'on and Visitors 3ureau would not be counted as Visitor Center ~evenues. Section 5.2.2.2 Main Office Services Compensation For continuing provision of Main Office Services, the City agrees to pay tbe Chamber the sum of $30,148 per fiscal ye.ar, prorated quarterly, through the end of Fiscal Year 1994-95 and $12,048 per fiscal year, proyated quarterly throucrh the end of Fiscal Year 1996-97 , and $13,375 Der fiscal vear. Drorated auarterlv for the ~emainder of the term of this agreement. Section 8.3 Variation in Extension Terms At the mutual acrreement of the Darties, anv of the extension terms as Drovided for in Section 8.2 maY be exercised for a shorter 'Oeriod of time than otherwise applicable. ~ :1ß-J/Ó Visitor Center - Second Amended Agreement Page 3 -- -- SIGNATURE PAGE TO FOURTH AMENDMENT TO CONTRACT TO PROVIDE VISITOR ANù TRANSIT INFORMATION SERVICES AT T.~E CHULA VISTA VISITOR INFORMATION CENTER AND ~~ER OF COMMERCE MAIN OFFICE AS L.ZŒT .I".W¡ENDED JULY 1, 2996 IN WITNESS W:.-1EREOF, City and Chamber have executed this ~~s:=-eement this day of 1997. T:"..E CITY OF CHtJT~:r.. VIST.:r.. CHL'LA VISTA CR.J\..MBER OF COMMERCE Y.ayor ?resiàent Executive Director Approved as to form by City Attorney 7£f4! / ß -- 7/ ________. '-_'_U.,___,'.'____' COUNCIL AGENDA STATEMENT / /J Item: t/ Meeting Date: 6/29/99 ITEM TITLE: Resolution) 'J .5J -1uthOrizing a No Interest Loan rrom the General Fund, in an Amount not to Exceed $500,000, to USA Softball for the Completion of Phase I of Their Training Facility at the ARCO Olympic Training Center and Amending the Fiscal Year 2000 Budget to Include the Loan and Appropriate AV~l~e Fund Balance for the Amount of the Loan SUBMITTED BY: Assistant City Manager ð ,£P- .-:? REVIEWED BY: City Manager ----- ~ (4/Sths Vote: Yes _No...x.J The City Manager's Office has been working with the Director of the Olympic Training Center, Ms. Patrice Milkovich, on a variety of projects to help enhance the viability of the Center and its ultimate economic impact on the City. Notwithstanding that the Center is a great asset to the City, in its current form it is still a "diamond in the rough" that when its full potential is realized, will make current efforts pale by comparison. In that vein staff has been working with the National Governing Body of USA Softball, in conjunction with the ARCO Olympic Training Center (Center), regarding the funding, construction and development of a new training facility for the women's National Softball Team. USA Softball has requested financial assistance from the City of Chula Vista in the form of a no interest, short -term loan to provide gap financing for the construction of Phase I of a 3000 seat softball facility. This short-term loan would be designed to bridge a potential funding gap between the receipt of funds rrom fundraising efforts and the scheduled July 15, 1999 construction start date of the first phase of this project. Phase I of this project which includes only the training facility is scheduled for completion by January 2000. Its timely completion will enable USA Softball to have the maximum amount of time to train in the new facility as it prepares to defend its gold medal at the 2000 Summer Olympics to be held in Sydney, Australia. Authorization of this loan is requested. RECOMMENDATION: That the City Council: A. Authorize a no interest loan rrom the General Fund, in an amount not to exceed $500,000, to USA Softball to insure the timely completion of Phase I CIP to provide training facilities at the ARCO Olympic Training Center and amend the FY 2000 budget to appropriate available fund balance for the amount of the loan. B. Authorize the City Manager to negotiate and enter into an agreement for the repayment of the loan with the first payment to the City not later than January 2001, with full payment by January 2003. J¿J// Meeting Date: 6/29/99 Page 2 BOARD/COMMISSION/BUSINESS COMMUNITY RECOMMENDATIONS: N/A DISCUSSION Soon after his appointment, the City Manager visited the Arco Olympic Training Center and identified it as one of the underutilized economic resources available to the City. The outcome of that visit has been closer working ties between the Center and City staff, and a recognition that we will each gain more by working together rather than getting lost in a lot of "red tape". As such, a number of projects are under way which will benefit both entities. These include completion of Olympic Parkway, new funding sources for athlete housing at the training center, enhancement of the Visitor's entrance to the Center, the development of an Olympic Park on the bayrront and participation in joint public relations efforts, with other major City attractions, to attract new visitors to Chula Vista. In addition to the above, staff has been assisting Ms. Milkovich and USA Softball National Teams Director, Mr. Ralph Weekly, and the Executive Director of the Amateur Softball Association, Mr. Ron Radagonda, with the processing of plans for a new 3000 seat softball facility to be located at the Training Center. USA Softball wiII be taking the place of USA Baseball, which has taken over a former professional facility at another venue. Approximately two years ago, USA Softball began to come to the Training Center. Although practices were held offsite, due mainly to a commitment by the former National Teams Director, the value of year-round training, the reduction of off site travel time and greater opportunities for "team building" were quickly realized. Plans were made, and fundraising efforts began for the development of a 3000 seat ballpark at the Olympic Training Center. (Currently the team also practices at the Hall of Fame Stadium in Oklahoma City. This site does not lend itself to year round training and is not easily accessible to many softball players, most of whom come rrom California). Subsequently, the City of Chula Vista was presented with a request to provide financial assistance to the Amateur Softball Association of America and USA Softball for a short-term loan that would insure the timely completion of a softball (raining facility to be constructed at the ARCO Olympic Training Center (see attachment 1). The primary purpose of this loan would be to mitigate the impact of a potential funding gap resulting rrom a lag in the completion of fund raising activities and the need to begin project construction on its scheduled start date in order to insure timely completion. The entire project consists of two phases. Phase I includes a main playing field, a practice field, batting and pitching cages, and an equipment storage unit. Phase II consists of a 3000 seat Softball venue and much needed housing for the athletes. The timely completion of this project is critical in order for the National Team to have ample training time as it prepares to defend its Gold Medal at the 2000 Olympic Games in Sydney, Australia. PROJECT VIABILITY Progress has been made toward acquiring the necessary resources for the completion of this project, however, insufficient funds are available to begin Phase I. To date, this proj ect has already received commitments rrom corporate sponsors such as Juggs who wiII fund the batting J¿9--- ;¿ Meeting Date: 6/29/99 Page 3 and pitching cages, Musco who will provide ballpark lighting, and Panasonic who will sponsor camera and electronic equipment. The value of these contributions is estimated to be $250,000. Based on its early responses rrom other potential corporate sponsors, USA Softball is confident that fund raising efforts will be successful and that a state of the art softball venue will be developed in Chula Vista. The cost to construct Phases I and II of the project are estimated to be $0.75 and $5.2 million respectively. The total cost of the project is estimated to be $5.95 million without the construction of housing facilities. The National Team anticipates that regular practices at the Center will begin in January 2000 and last throughout the year prior to the Olympics. The National Team will train at the Center exclusively for the final six weeks before leaving for the Olympics. In order for the facility to be completed in a manner that is timely to the needs of the team, construction of Phase I must begin not later than July 15, 1999. This will enable sufficient time for necessary construction and for the grass to become established and ready for play. TERMS OF THE LOAN Staff is proposing a short term, no interest loan ftom the General Fund in an amount not to exceed $500,000. The term is to be for a period ofthree and one half years, with the first payment to the City due January 2001 and the final payment due by January 2003. USA Softball is unable to fund the proposed facility "out of pocket" due to the timing of construction in relation to the Pan American and Olympic Games. Specifically, during the year 2000, the Olympic program incurs additional expenses for the training, housing and transportation of athletes preparing for Olympic competition. Following the Olympics, resources that were previously used for these expenses will be available for the repayment of the loan. USA Softball receives yearly grant funding rrom the United States Olympic Committee to reimburse for expenses. The 1999 grant amount received from the (USOC) was approximately $575,000. This grant amount is expected to grow as the U.S. Softball program gains success and popularity. Staff has been advised that these grant funds can be made available to make payments to cover expenses for training and housing purposes, thus mitigating the City's risk for granting the loan. CITY BENEFITS The development of a softball training facility could bring economic benefits to the City. USA Softball has completed an Economic Impact Report (see attachment 2) which outlines the benefits of the proposed softball training facility with the completion of Phases I and II. These benefits are estimated according to the travel expenses that would accrue to City businesses as a result of participants travelling to the City to participate in the scheduled events. The completion of Phase I would enable USA Softball, in conjunction with the Training Center, to host the Softball Festival and conduct elite camps for its developmental players and the national team. The value of the economic benefit to the City's economy for the completion of Phase I is estimated to be $230,000, with the City beginning to realize this benefit in the year 2000. The completion of Phase II would allow the Center to host the Women's and/or Junior National Championships in addition to international competitions. The value of the economic benefit to the City's economy for Phase II is estimated to exceed $500,000. /¿J"'3 ~ Meeting Date: 6/29/99 Page 4 By providing this assistance to USA Softball, the City of Chula Vista will help insure the continued enhancement of the world class training facilities available at the ARCO Olympic Training Center. During periods when the facility is not in use by USA Softball, the City will receive priority as a designated outside user of the facility, allowing use by local teams and/or tournaments, said uses to be coordinated with the Center management. In addition, the City will enter into a partnership with USA Softball which has pledged its commitment to make its female athletes available for community outreach activities and serve as positive role models to the City's youth. Through the development of this partnership, USA Softball intends to integrate itself into the fabric of the community for many years to come. FISCAL IMPACT Approval of the proposed resolution will amend the FY 2000 budget to include a short term, no interest loan to USA Softball, funded by the General Fund Reserve and in an amount not to exceed $500,000, for the purpose of constructing a softball field and practice infield. The waiver of the interest charge will result in a projected loss ofrevenue in the amount of $82,500 (through Jan. 2003). /&~i - RESOLUTION NO. 19512 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A NO INTEREST LOAN FROM THE GENERAL FUND, IN AN AMOUNT NOT TO EXCEED $500,000, TO USA SOFTBALL FOR THE COMPLETION OF PHASE I OF THEIR TRAINING FACILITY AT THE ARCO OLYMPIC TRAINING CENTER AND AMENDING THE PROPOSED FISCAL YEAR 2000 BUDGET TO INCLUDE THE LOAN AND APPROPRIATE AVAILABLE FUND BALANCE FOR THE AMOUNT OF THE LOAN WHEREAS, the City Manager's Office has been working with the Director of the Olympic Training Center on a variety of projects to help enhance the viability of the Center and its ultimate economic impact on the City; and WHEREAS, notwithstanding that the Center is a great asset to the City, in its current form, it is still a "diamond in the rough" that when its full potential is realized, will make current efforts pale by comparison; and WHEREAS, staff has been working with the National Governing Body of USA Softball, in conjunction with the ARCO Olympic Training Center regarding the funding, construction and development of a new training facility for the women's National Softball Team; and WHEREAS, USA Softball has requested financial assistance from the City of Chula Vista in the form of a no interest, short- term loan to provide gap financing for the construction of Phase I of a 3000 seat softball facility; and WHEREAS, this short-term loan would be designed to bridge a potential funding gap between the receipt of funds from fundraising efforts and the scheduled July 15, 1999 construction start date of the first phase of this project (which is scheduled for completion by January 2000) ; and WHEREAS, its timely completion will enable USA softball to have the maximum amount of time to train in the new facility as it prepares to defend its gold medal at the 2000 Summer Olympics to be held in Sydney, Australia. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby authorize a no interest loan from the General Fund, in an amount not to exceed $500,000, to USA Softball to insure the timely completion of Phase I CIP to provide training facilities at the ARCO Olympic Training Center and amend 1 10-.5 --- the proposed FY 2000 budget to appropriate available fund balance for the amount of the loan. BE IT FURTHER RESOLVED that the City Manager is authorized to negotiate and enter into an agreement for the repayment of the loan with the first payment to the City not later than January 2001, with full payment by January 2003. Presented by Approved as to form by -:hß Sid Morris, Assistant City ttorney Manager H:\home\attorney\reso\softball.usa 2 /¿y---? ~ J j¡Ø 06-23-99A09:09 RCVD if' AMATEUR SOFTBALL ASSOCIATION OF AMERICA' USA SOFTBALL 2801 :\'.1-<:. 50th Street, Oklahoma City', OJ( 7J111 . (-to.')) 42-1--52()() Fax (405) 424<'\H55 h up :I/v~'W\V. soft ball. (Irg ATTACHMENT 1 .June 22,1999 Dave Rowlands, City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Dave: It was a pleasure meeting you at the San Diego International Sports Council Board Meeting held al the US Olympic Training Center on April 26'". I appreciate the commitment that the City of Chula Vista has made to Ihe entire US Olympic Movement and especially to USA Softball. As you know., J h,we been working with Sid Morris & Pat Milkovich 011 fundraising for the proposed softball ballpark at the OTe. We have made substantial progress in our initia] fundraising efforts to date. USA softball has received commitments from Juggs to fund our batting and pitching cages, Musco has committed to provide ballpark lighting and Panasonic will sponsor camera and electronic equipment for the venue. Based on early responses from various corporate and commercial sponsors, I have every reason to believe that we will be successful in securing the necessary funding. But, if the timing is off just a little, it could have dramatic effects on our training and overall preparation for the 2000 Olympic Games in Australia. The 2000 Games may be our stiffest Olympic competition to date. In order to insure that we have adequate time to prepare and bring home another Gold Medal, we must begin construction of Phase I by July 15'" to achieve field completion by January 2000. It is my hope that the City of Chula Visla can provide USA Softball with "gap fi nancing," in an amount not to exceed $500,000.00 for the construction of Phase 1. Reimbursement will be provided through further funding efforts by USA Softball. Phase I construction consists of installing the main playing field, a practice infield, batting and pitching cages and an equipment storage unit. rt. ~ .......Q. ~, ' i :.. "0(; QJJIP) /1} "7 .t,P/c (.0 (Jlvrnpk Sport ()rganil;atiOl] Mtè!lllJ<;r In addition to reimbursing the gap financing, USA Softball will commit to becoming Chula Vista's partner in community outreach through personal appearances at local schools, charity events & hospitals. We believe that our female athletes will not only become positive role models for the youth of Chula Vista but as our partnership progresses, become integrated into the fabric of the community. Only good things can come of this! In addition, with the completion of Phase II and the ballpark we will also commit to placing Chula Vista logo in a prominent location which will be visible during televised games. I appreciate your consideration of USA Softballs request. If you have any questions you can reach me at (405) 424-3430 or (405) 203-2171. R~ 'f.1.J>-. Ralph week~ Director of National Teams & Coaching Development USA Softball Cc: Ron Radigonda. Executive Director - ASAAIUSA Softball Patrice Milkovich. Director - ARCO/US Olympic Training Center / t) ,r ¿r- _____,.u______~_.,__.·_~·"_·_____·······_____ , USA Softball at The Unitad States Olyrnpiç Training Center Conçeptual Estimate Site Improvements Athletic Facilities Softball Field (Land trends) $350,000 Practice Infield 70,000 Fundamentals Area 50,000 Batting Cages 20,000 Dill:hing Area 20,000 SubTotal $510,000 Other Site Facilities LandscapeIPlazaIWalks $150,000 Irrigation 7,500 Parking (6000 sf) 25,000 lighting 250,000 Fencing 35,000 Scoreboards 3G,OOG SubTotal $497,500 Buildings and Support Facilities Seating 3000 ($350/seat) 1,050,000 Sunsçreen Canopy (15,600 sf) 390,000 Press Box/AnnouncerNlP (3,000 sf) 375,000 Concessions (1,600 sf) 200,000 Elevator 70,000 Support Façjlities (Below Seating) LockerstLaundrytEq uipment, etc. $1,782,000 1980 sf Sub Total $3,8117,000 Total Construdion Cost $4,874,500 Soft Costs Fixtures Furniture Equipment (5%) 250,000 Proæssional Fee's, Testing (10%) 487,450 Contingency (7%) 341,215 Sub Tolal 1,078,&65 TOTAL PROJECT COST $5,953,165 *DOES NOT INCLUDE HOUSING FACILITIES /0 "/ - -.~~ ___A ATTACHMENT 2 USOTC - USA Softball Economic Impact Report Usage of Proposed Softball Facilities USA Softbnll Festival Frequency Annual Purpose Main element used in selecting National Team Members Participants 68 Visiting Spectators 100 Length of Event 5 days Housing 70 Hotel Rooms @ $90/day $31,500 Incidentals 168 Participants & Spectators 0 520.oo/day $16,800 Total 548,300 USA Softbnll Elite Camps Frequency Five per year Purpose High Level Training for elite players 14" 18 years Participants 500 Visiting Spectators 100 Length of Event 3 days Housing 250 Hotel Rooms @ $90,00/day $112,500 Incidentals 600 Participants & Spectators @ $20.00/day $80,000 Total $172,500 USA Softball National Team Training Camps Frequency Five per year Purpose High Level Training for Women's National Team Panicipants 100 Visiting Spectators ° Length or Event 5 days Housing None· Team to house at USOTC $0 Incidentals 100 Partioipants @ $20.00/day $10,000 Total $10,000 Annual Non Multiplied Economic Impact $230,800 )ð---/O Phase II Potential Events & Economic Impact Woman's or Junior Women'. World Championship Frequency Once every 4 years Purpose World Championship Tournament Participants 400 Visiting Spectators 1,000 Length of Evant 14 days Housing 750 rooms @ $90.00/day $945,000 Food & Incidentals 1,400 visitors C $60.00/day $1.176,000 Total $2,121.000 Women's Malor National Championship Frequency Once every 4 years Purpose National Championship Participants 400 Visiting Spectators 600 Length of Even\ 5 days Housing 500 rooms @ $90.00/day $225,000 Food & Incidentals 1,000 visitors @ $60.00/day $300,000 Total $525,000 /tJ~ / / - COUNCIL AGENDA STATEMENT Item No.: /J Meeting Date: 6/29/99 ITEM TITLE: Resolution /;; fly Approving Memorandum of Understanding by and between the City of Chula Vista and Sunline Transit for Hydrogen Fuel Cell Bus Demonstration Project. SUBMITTED BY: Director of Planning and BUildingfa.a.. Director of Public workr REVIEWED BY: City Manager 1 L W (4/5ths Vote: Yes_ NO--lJ ",v, In 1994, Council directed staff to pursue funding for a fuel cell transit bus demonstration project. This project would showcase a zero emission transit bus using hydrogen fuel cell technology in place of the bus's internal combustion engine. The purpose of the project was to illustrate the viability of zero emission hydrogen fuel cell engine buses in a real-world transit application. With this in mind, staff has created a partnership and obtained partial funding for the project in conjunction with the California Energy Commission (CEC) and the U. S. Department of Energy (DOE) Hydrogen Program. The demonstration is a partnership with Sunline Transit (the transit agency serving the Coachella Valley) and Daimler Benz-Ballard Corporation (DBB). The City, with the encouragement of both the CEC and the DOE, has initiated discussions with Sunline Transit and DBB to develop a joint project, which would demonstrate a fuel cell bus in the Sunline transit service area and in Chula Vista. The CEC has committed $500,000 to the City for the fuel cell demonstration project, with the stipulation that the City and Sunline Transit enter into an initial agreement by June 30, 1999 which would outline the general terms and conditions of the joint demonstration project. Between July and December 1999 the specific project scope and budget will be detailed, an attempt will be made to secure additional funding rrom the DOE, and a final agreement brought back to Council for approval. RECOMMENDATION: That Council adopt resolution approving a memorandum of understanding by and between the City of Chula Vista and SunLine Transit. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: Proiect SCODe Although the details of the joint demonstration project will be formulated over the next 6 months, the general project scope is to demonstrate two to three hydrogen fuel cell engines developed by //---/ Page 2, Item II Meeting Date 6/29/99 DBB, known as the Phase 4 (P4) and Phase 5 (P5). The P4 engine should be ready for testing in February 2000 for a 13-month period, followed by the PS the following spring of2001. The PS will be the first commercial hydrogen fuel cell bus engine leading directly to commercial use (as opposed to pre-production vehicles). It is anticipated that the PS engine will be tested for at least 12 months, either in one bus shared between Sunline Transit and Chula Vista, or 2 buses tested simultaneously in both locations. The joint project will demonstrate two primary operating differences between the two locations: 1. environmental, including temperature and terrain. 2. administrative and intTastructure - Sunline Transit representing the "single purpose" transit agency; and Chula Vista representing the "multi purpose" public agency that must incorporate many vehicles types and fuels as part of its operating environment. Point 2 will present a particularly interesting comparison pertaining to fueling and intTastructure. Sunline Transit plans to install a hydrogen fueling station on site for this project and the agency has a commitment to convert its fleet to hydrogen as soon as feasible. Chula Vista has just begun the transition to a CNG bus fleet, and for many years will be operating a mix of vehicles fueled by various sources, including gasoline, diesel, and CNG. The Chula Vista project plans to install a "reformer" at the new Public Works Yard that will utilize the CNG fueling facility to be built on site and convert CNG to hydrogen. Therefore, the Chula Vista portion ofthe project will demonstrate integration of hydrogen fuel technology into a vehicle fleet using existing CNG inrrastructure, thereby minimizing the cost of transition rrom various fuel types (diesel, gas or CNG) to hydrogen. Memorandum of Understanding Following are the major issues addressed in the agreement before Council: · The two parties will develop a rramework for cooperation and a work plan for the project, including the number and type of buses for fuel cell integration; length of the demonstration, and project budget. · Sunline Transit will transfer its Consent of Assignment with Southern California Gas Company for on-site reforming to Chula Vista to assist the City utilize CNG inrrastructure to produce hydrogen fuel. · The parties will develop cooperatively a response to the DOE solicitation for funding due in August 1999, and will identify other funding sources. //---2 Page 3, Item II Meeting Date 6/29/99 . Chula Vista and Sunline Transit will incorporate College of the Desert and Miramar College into the project in order to train and educate transit operations and maintenance personnel. . The details of the project should be completed by January 2000 and a final agreement to proceed brought to Council. The final agreement will be contingent upon resolving the funding, administrative, and cooperative components contained in the negotiating agreement. California Coordinating Team In March of 1999, the Department of Energy (DOE) developed a working group to coordinate hydrogen bus demonstration projects within California. This working group included Chula Vista, Sunline Transit and DC-Davis as the three potential demonstration sites, the California Air Resources Board, California Energy Commission, Federal Transit Administration and DOE. It was clear from the first meeting that all the agencies involved could benefit rrom the shared resources to develop a national model based in California - Chula Vista will be one of the sites within this model. The purpose is to determine and evaluate vehicle technologies, fueling infTastructure, and potential commercial viability of hydrogen transit buses. The objectives of the national model are to: · Place hydrogen fueled buses in revenue operations in at least three locations in California. · Facilitate development of hydrogen fuel infTastructure. · Help establish safety standards for fueling and vehicles. · Increase public awareness of hydrogen and fuel cell buses. · Coordinate state, federal, and local hydrogen bus projects in California. · Pool financial resources rrom different agencies to jointly solicit and choose projects for the demonstration. Proiect Cost Estimate: Julv to December 1999 Staffhas estimated both direct and indirect costs for Chula Vista's participation in this project rrom July through December. Since funds rrom State and Federal sources for the project will not be available until Fall 1999 at the earliest, and are not reimbursable to the project, these costs will be borne by the Transit Division. Following is an estimate of anticipated costs: . Direct Cost: $2,600 for travels expenses. This cost includes travel for the Environmental Resources Manager and Transit Coordinator to Palm Springs and Sacramento to meet with Sunline Transit and State personnel to work out the details of the project and develop the final agreement. This appropriation is based upon FY '98- '99 travel costs expenses since the inception ofthe Chula VistalSunline Transit partnership. ///3 - Page 4, Item 1/ Meeting Date 6/29/99 . Direct Cost: $6,500 for professional services. This cost is for contractual assistance to City staff to prepare the DOE grant for Federal funding. The grant solicitation should be released by July 1 and is due in August. Since the grant preparation will involve extensive detail and time, City staff is recommending hiring a contract employee for assistance in order to complete it in a timely manner and to minimize impact on other ongoing City projects. . Indirect Costs: $27,115 in stafftime. This estimate includes the following staff working on project development from July through December 1999: · Environmental Resources manager: $13,775 (12 hours per week) · Transit Coordinator: $10,300 (8 hours per week) · Deputy City Attorney: $2,040 (40 hours) · Other staff: $1,000 There should be sufficient funds in the FY1999-00 Transit Division Budget to cover the estimated $9,100 in direct costs for this project. FISCAL IMP ACT: The project costs related to the negotiating agreement before Council today are estimated at $9,100 in direct costs and $27,115 in indirect costs (staff time). The direct costs will be charged to the Transit Division, which is funded by Transportation Development Act (TDA) funds; no City General Funds will be used for these costs. Attachments: 1. Budget for Hydrogen Fuel Cell Bus Project (July to December 1999) 2. Agreement between Sunline Transit and Chula Vista H:\HOMEIPLANNINGlfuelcellal B.doc ///~ .. RESOLUTION NO. ) f .f)J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF CHULA VISTA AND SUNLINE TRANSIT FOR HYDROGEN FUEL CELL BUS DEMONSTRATION PROJECT WHEREAS, in 1994, the city Council directed staff to pursue funding for a fuel cell bus demonstration project which would showcase a zero emission transit bus using hydrogen fuel cell technology in place of the bus's internal combustion engine; and WHEREAS, the purpose of the project was to illustrate the viability of zero emission hydrogen fuel cell engine buses in a real-world transit application; and WHEREAS, staff has created a partnership and obtained partial funding for the project in conjunction with the California Energy Commission (CEC) and the U. S. Department of Energy's (DOE) Hydrogen Program; and WHEREAS, the demonstration is a cooperative project involving Sunline Transit (the transit agency serving the Coachella Valley) and Daimler-Benz-Ballard Corporation (DBB) hydrogen fuel cell; and WHEREAS, the City, with the encouragement of both the CEC and the DOE, has initiated discussions with Sunline Transit and DBB to develop a joint project, which would demonstrate a fuel cell bus in the Sunline transit service area and in Chula vista; and WHEREAS, the CEC has committed $500,000 to the City for the fuel cell demonstration project, with the stipulation that the city and Sunline Transit enter into an initial agreement by June 30, 1999 which would outline the general terms and conditions of the joint demonstration project; and WHEREAS, City and Sunline staff have prepared a Memorandum of Understanding which sets the preliminary terms for project development; and WHEREAS, between July and December 1999 the specific project scope and budget will be detailed, an attempt will be made to secure additional funding from the DOE and a final agreement brought back to Council for approval. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve a Memorandum of Understanding by and between the City of Chula Vista and Sunline Transit for Hydrogen Fuel Cell Bus Demonstration Project in the form presented, a copy of which shall be kept on file in the office of the City Clerk. 1 //<3- - ---.- BE IT FURTHER RESOLVED that the Mayor of the city of Chula Vista is hereby authorized and directed to execute said Memorandum of Understanding for and on behalf of the City of Chula vista. Presented by Approved as to form by Robert A. Leiter, Director of Planning and Building H:\home\attorney\reso\sunline 2 J/--? ATTACHMENT I PRELIMINARY BUDGET For HYDROGEN FUEL CELL BUS PROJECT I. DIRECT COSTS JULY Item 1 - Travel, Conferences and Meetings - Travel to Thousand Palms to coordinate project details with Sunline Transit. Cost: $350 (2 staff) Item 2 - Professional Services - Contract employee assistance in preparation of Department of Energy application for demonstration project funding. Cost: $6,500 (100 hrs x $65 per hour) AUGUST TO DECEMBER Item I - Travel, Conferences and Meetings: Estimated 6 trips to finalize demonstration project, with 3 trips to Sacramento (State/UC Davis) and 3 trips to Thousand Palms. Cost: $2,250 Total Estimated Cost: $9,100 (Travel: $2,600; Professional Services $6,500) II. INDIRECT COSTS/IN-KIND SERVICES (July - December) · Environmental Resources manager: $13,775 (12 hours per week) · Transit Coordinator: $10,300 (8 hours per week) · Deputy City Attorney: $2,040 (40 hours) · Other staff: $1,000 Total Estimated Indirect Costs: $27,115 )),7 Attachment 2 SunLine Transit Agency/City of Chula Vista MEMORANDUM OF UNDERSTANDING This document represents a Memorandum of Understanding entered into between Sun Line Transit Agency, a joint powers authority, herein referred to as "SunLine," and The City of Chula Vista, a municipal corporation, herein referred to as "The City" on this 29th day of June, 1999 ("MOU"). RECITALS WHEREAS, The City has an ongoing interest in developing a hydrogen bus project, in conjunction with the California Energy Commission ("CEC") and the Department of Energy's Hydrogen Program. WHEREAS, The City currently is in receipt of a grant from the CEC in the amount of $500,000.00 for the purchase of a hydrogen fuel cell bus/buses and has certain timelines in which to spend the grant funds. WHEREAS, The City wishes to enter into an agreement with SunLine in order to utilize the CEC funds, to create a California National Demonstration between the two agencies and to have a vehicle on the road in the next two years. WHEREAS, SunLine is currently in receipt of a grant from the Federal Transit Administration ("FTA") in the amount of $2,000,000.00 for the purchase of alternative fuel buses. The source of this funding imposes certain restrictions on what can be acquired with these funds. WHEREAS, The City, Sun Line and Daimler Benz-Ballard Fuel Cell Engines, inc. (DBB) met to discuss the project. In doing so, The City and SunLine forged an initial agreement to proceed with the development of a memorandum of understanding by June 30, 1999 that outlines the terms of an agreement to be entered into by SunLine and The City. WHEREAS, Sun Line is currently in negotiations with dbb to implement the P4 demonstration project. The P4 project is the final pre-commercial configuration that will provide SunLine and other transit operators with actual data to begin planning for commercial equivalent transit buses. During the P4 demonstration period, it is intended that dbb identify another California transit service area to be included in P5. P5 is planned to be the commercial-ready fuel cell engine available for sale through transit bus original equipment manufacturers ("OEM"). WHEREAS, SunLine and The City have agreed to proceed with these negotiations in order to meet the June 30th deadline imposed by the CEC in connection with The City's grant funds and to develop a joint work plan to implement and demonstrate early adoption of commercial public transit coaches, identified by dbb as the P5. WHEREAS, the recent announcement of the California Fuel Cell Partnership might provide the opportunity for SunLine and the City to receive additional transit buses into service operation 06/17/99 1 J/-;ý' and the apparent strategy of dbb to use the California Fuel Cell Partnership for P5 introduction. SunLine and the City, therefore, desire to work together through implementation of this MOU for the purpose of acquiring the first deliveries of the P5 transit coaches. The goals of this MOU are as follows: 1. Demonstrate hydrogen fuel cell technology using existing CNG infrastructure in order to minimize the cost of transition for transit agencies from CNG to hydrogen, allowing for a fuel mix to accommodate a variety of vehicles within a fleet. 2, Demonstrate two different approaches to transit agency administration, taking into account the administrative, operations and infrastructure environments to account for all possibilities throughout California. These two transit agency environments include: (a) a single-purpose agency (SunLine), and (b) a regional system that shares fleet vehicle and bus infrastructure (the City). 3. Integrate zero emission buses in our system to meet program's original goal of reducing carbon dioxide emissions and encourage other transit properties to purchase and utilize zero emission vehicles. 4. Participate in the California Fuel Cell Partnership deployment of fuel cell transit buses, such that Sun Line and The City become California model hydrogen demonstrations, that address the needs of the a direction toward large scale implementation. SunLlne and The City agree as follows: The term of this MOU shall begin on the date of execution of this document until Sun Line and The City enter into a formal contract on December 31, 1999, whichever first occurs. Each party agrees, for the duration of this MOD, not to negotiate with any other person or entity regarding the acquisition and development of the Project. Except as otherwise expressly provided herein, during the term of the MOU each party shall bear its own costs incurred in connection with negotiation of a final project implementation agreement and/or performing its other obligations under this Agreement. SunLlne and The City will: 1. Agree that work will begin immediately upon full execution of this MOU. 2. Develop a budget and work plan for a multi-year program integrating fuel cell buses into daily transit service. 3. Agree upon the number of bus purchases, the budget, and the specifications of the buses. 4. Identify other funding sources to fulfil the needs and goals of this project. 06/17/99 2 )/~1 5. Incorporate College of the Desert and Miramar College into the project to provide a vehicle that will educate and train maintenance crew and city staff on vehicle operations. An educational module will be developed for technology transfer. 6. Work together in good faith to establish contracting procedures that will achieve the best negotiating position with dbb for the P4 and P5 program. 7. In order to assist P5 advancement, SunLine shall take the lead, with Chula Vista's input to jointly develop a solicitation for OEM participation through a request for proposal process. An OEM shall be chosen by January 2000. 8. Have the right to terminate this MOU at any time prior to securing the necessary funding to implement the project prior to October 1999 with 30 days written notice to the other party for any reason whatsoever. 9. Either party may decline to enter into a contract for any reason it deems reasonable upon written notice to the other party. SunLine will: 1. Use best efforts to negotiate and enter into an agreement with dbb for development and delivery of a P5 hydrogen fuel cell bus and account for reasonable technical support. Such agreement shall be subject to City's reasonable approval and City shall be a third party benefiting thereof. 2. Agree to obtain budget information from dbb in order to provide Chula Vista adequate budget data to develop and submit a proposal in response to the Department of Energy solicitation that will be due in August 1999. 3. Work with dbb to obtain all information necessary to obtain all project costs for the budget that would include the OEM participation RFP results. 4. Act as Lead Agency to obtaining all necessary program elements, Le., manufacturer participation, personnel training, infrastructure capabilities, etc. 5. Share budget information of the P4 demonstration in order to project full schedules and budgets of the P5 program. The City will: 1. Continue to work closely with the CEC and the Department of Energy to obtain matching funds, both private and public. 2. Work its own hydrogen infrastructure needs into the compressed natural gas fueling facility to be constructed at the new City Public Works Corporate Yard. 3. Agree to submit a proposal to the DOE for the 1999 hydrogen solicitation, and coordinate with SunLine Transit to incorporate Sun Line's participation in the P5. 06/17/99 3 //~/fJ General Provisions Execution of this Aareement By its execution of this MOU, neither City nor SunLine is committing itself to the approval and execution of a final agreement for the implementation of the project. The parties understand that each party is reserving the right to exercise its discretion as to all matters which it is, by law, entitled or required to exercise its discretion. Authoritv Each party represents that it has full right, power and authority to execute this Agreement and to perform its obligations hereunder, without the need for any further action under its goveming instruments, and that the parties executing this MOU on behalf of such party are duly authorized agents with authority to do so. Counteroarts This Agreement may be executed in multiple copies, each of which shall be deemed an original, but all of which shall constitute one Agreement after each party has signed such a counterpart. Entire Aareement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitute the entire agreement between the parties with respect to the subject matter contained herein. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. Further Assurances The parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the parties. Mutuallndemnitv Each party agrees to indemnify, protect and hold harmless the others from and against any and all claims, liabilities and losses, damages (to persons or property) or costs (including attomeys fees) arising from the conduct of such party in connection with this Agreement. 06/17/99 4 "tl"- / ~ /J// --"- Relationshic of Parties The relationship of the parties to this Agreement is that of independent contractors. The parties are not, by virtue of this Agreement or otherwise, in an employer-employee, principal-agent, joint venture or partnership relationship with each other. Each party agrees not to represent to any other person, or to assert in any form or forum, that the parties' relationship is an employer-employee, principal-agent, joint venture or partnership relationship. Each party acknowledges that it has no authority to make representations on behalf of or to bind or commit the other party, and each party covenants and agrees not to purport to bind or commit the other party in any way. Each party acknowledges that it is responsible for its own tax withholding and other obligations with regard to its own employees, and that the other party has no responsibility whatsoever for withholding tax and other employment obligations of the first party. 5 <ffi-lll Ij----/ ..2 06/17/99 - Signature Page To Hydrogen Fuel Cell Bus Project Development Agreement IN WITNESS WHEREOF, the parties have entered into this Memorandum of understanding on the date and year first appearing above. THE CITY OF CHULA VISTA SUNLlNE TRANSIT AGENCY By: By: Name: Name: Richard Cromwell III Title: Title: General Manager Date: Date: .J 06/17/99 6 fr//'f /1~/3 COUNCIL AGENDA STATEMENT Item No.: /~ Meeting Date: 6/29/99 ITEM TITLE: 17 Resolution ! 9 ~ ¿{pproving renewal of Commonwealth Energy Power Services Agreement and Green Power Addendum for the City's electric service provider and include green power in all future bid requests and electricity purchasing contracts. ;J. Resolution If 5Í 5' amending the FY 1999-2000 budget by appropriating $13,500 to Planning Department budget rrom available fund balance in the General Fund to implement a public education program for Chula Vista residents on electricity choices available to consumers, specifically relating to green power. SUBMITTED BY: Director of Planning and Building REVIEWED BY: Planning Director~ 0t')~ (4/5ths Vote: Yes_NolO In early 1998, San Diego Association of Governments (SANDAG) developed a Power Pool with the purpose of providing public agencies a lower priced alternative to the electricity costs offered by SDGE and the power exchange. This year, SANDAG's Power Pool will purchase 450 million kilowatts of power - approximately $10 million worth of energy-on behalf of 80 local govemmental agencies including cities, school districts and water districts. Last year, Council approved joining the Power Pool for a limited number of meters, requested staff pursue a green power option for Chula Vista, and appointed Councilman Moot to sit on the SANDAG Power Pool Oversight Committee. Due to Chula Vista's participation in the Power Pool, SANDAG was directed by the committee to explore green power options, in turn requiring its supplier, Commonwealth Energy, to provide a green power option to the entire pool. The option offered to all agencies in the pool is to switch all meters to a renewable power or "green power", with an anticipated savings of 5% off the entire bill. Staff is bringing this Green Power option forward for approval to switch the existing meters in the Pool rrom brown to green power and to add additional meters to the Pool. In addition, an education program was developed in response to Council direction to develop a public outreach campaign on consumer choices regarding green power suppliers and utility deregulation. The education program being brought to Council for approval will cost the City $13,500. RECOMMENDATION: that Council: 1. Approve the resolution to renew a one-year contract with Commonwealth Energy for energy services, approving the Green Power Addendum for electric services and switching electric meters as listed in Schedule A; and include green power as an option in all future bid requests and electricity purchasing contracts. /c2 ~I -- Page 2, Item /2- Meeting Date 6/29/99 2. Approve the resolution to amend the FY 1999-2000 budget by appropriating $13,500 to the Planning Department budget ITom the Available Fund Balance in the General Fund to implement an education program for Chula Vista residents on electricity choices available to consumers, specifically relating to green power. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: 1. SUMMARY SANDAG authorized the formation of the San Diego Regional Power Pool in March of last year. In June 1998, Council directed staff to join the San Diego Association of Govemments (SANDAG) Power Pool and switch eight of our meters to Commonwealth. At the same time, Council directed staff to develop an education program for Chula Vista residents on consumer electricity choices in the newly deregulated industry, and to act as a conduit to residents; offering value-added public information regarding electricity choices available to consumers, specifically relating to green power. Staff is proposing to switch 422 of the City's 436 meters into the SANDAG power pool and utilize the savings realized by joining the pool to pay for the public education campaign. Power Pool At the request of the Power Pool Committee, , the recommended energy service provider, Commonwealth Energy, has developed a very favorable offer to the Pool's member agencies to purchase 100% geothermal power rrom California sources in the Mammoth area 100 miles northeast of San Francisco. Geothermal energy is a renewable energy source with very low air emissions and low solid waste generation rates. There will be no change in power reliability whatsoever. Commonwealth presented a one-year contract through which the City could achieve an estimated discount of 5% off the energy portion of the bill. This discount is available thanks to a state program of credits for renewable power sources. For the Commonwealth offer, the discount is expressed as ''the cost of energy plus one cent per kilowatt hour (kWh) minus all Energy Commission credits" (power + 1 cent - 1.5 cents/per kWh). Commonwealth charges a premium for the renewable power, then subtracts the state renewable credits, providing a net discount of.5 cents per kWh. This would equate to savings of $17,136 annually on electric service costs. Each applicable meter can achieve a green power rebate up to a maximum of$I,OOO per year (equivalent to 67,000 kWh per year). This discount is better than the Power Pool's basic discount. Staff is recommending Council extend the city's contract with Commonwealth for one year, switch those meters already in the power pool and add additional meters to the green power option. Since March 1998, the City received additional $35,900 savings as part of Phase I of the statewide electric utility restructuring. This was effective January 1, 1998 and due to a State regulated 10% ).) -.2 - Page 3, Item /2- Meeting Date 6/29/99 rate rreeze (see next section). In July of this year, SDGE's rate rreeze will be lifted and the open market will dictate a fluctuating power exchange rate. It is unclear what the future cost of electricity may be over the next year due to this change in the marketplace. Staff recommends that Council authorize participation in the green power purchasing pool, with 422 of the city's 436 meters to be included as of July I. These meters, as shown on Schedule A, include all meters under 50 kWh, which do not require a new meter installation, and 6 meters above 50 kWh which do need to have a new meter installed. The cost savings for switching 422 meters are $17,136. As an alternative, Council could chose to switch all meters to green power at a net cost of $31,672. The discussion below provides some general background on the state's electric utility restructuring, environmental issues related to the City's ability to designate green sources for its power, and SANDAG's RFP process. That is followed by a detailed discussion of the SANDAG/Commonwealth proposal. Public Education Campaign During Council discussion on utility deregulation, there was widespread agreement that the newly deregulated industry was causing confusion among consumers. Utility restructuring raised questions as to what choices consumers may now have, how to switch to an energy supplier other than SDGE, what costs are associated with switching providers (if any), and who consumers can contact for more information. As a public service, Council directed staff to serve as an information provider to residents, businesses and other entities on power supply choices, specifically with regard to green power options. It is in this spirit that staff developed a partnership with Global Green. Global Green is a national non-profit organization headquartered in Southern California working to create sustainable communities and promote renewable energy by working in cooperation with business, government and individuals. Through a partnership with Global Green, staff is able to leverage funding rrom the State in order to provide renewable energy public information to the community. Through this proposed public outreach campaign, the City can serve as an educator and champion for renewable energy by facilitating access to green energy providers through a broad range of educational efforts and events. The proposal is to distribute consumer information on the benefits and opportunities for switching to renewable power; and facilitate contacts and partnerships between state agencies, commercial consumers and others. Global Green has received State funding for regional educational outreach efforts, of which a portion will be used to match the City's contribution. Staffhas attached a sample copy of a brochure similar to one planned for Chula Vista. 2. BACKGROUND California Electric Utility Restructuring In 1996, the State Legislature passed AB 1890, which began the process of restructuring the California electric utility industry. Phase I of that restructuring started January 1, 1998. As of that 1.;2 /' J - Page 4, Item It. Meeting Date 6/29/99 date, residential and small business customers began receiving a 10% discount, only on the energy portion of their electric rates (which amounted to a 10% discount on about 1/4 of the average electric bill; estimated at $35,900 for Chula Vista). The City has been achieving these savings with its smaller-use meters. Throughout this Phase I period, a statewide rate rreeze has been in effect, during which time savings on electricity are offset by a "Competitive Transition Charge" or CTC. This charge allows investor-owned utilities (e.g. SDG&E) to recover some of the costs of non-competitive investments such as older power plants, nuclear generators and state or federally mandated power-purchasing contracts. (See Figure 1). Figure 1 Prior Cost Unbundled Cost' Sample SDG&E) (under Restructuring) Rates· Energy Energy 2.50 cents Subject to 10% discount for smaIl customers Subject to proposed 1.5 cent per kWh cent discount through SANDAG ----------------------- Transportation and Competitive Transition 3.08 cents Other Charges Charge ------------- ---------- Transmission 0.60 cents ------------- ---------- Distribution 3.50 cents ------------- ---------- Public Goods 0.30 cents 9.98 centslkWh *for display purposes only Phase II will start July 1" 1999. At that time, the rate rreeze will be lifted and the CTC will apply in only limited circumstances. This will allow for much greater potential variation and competition in rates. Other changes happening in this process include the "unbundling" ofthe item that comprise the total electricity costs. Power transmission and distribution will continue to be provided by the local utility. The power itself may come tTom a third-party retailer. Metering and billing may be performed by other specialized companies. And public goods, such as energy efficiency programs, J~~i - Page 5, Item 12 Meeting Date 6/29/99 are being coordinated by the state. These costs, along with the Competitive Transition Charge, comprise the overaIl cost of power. Since most of these components are fixed, the savings must actually be achieved through the commodity price of the electricity, which is approximately $.025 out of$.09 per kWh. Another change happening in the industry is the transition of traditional utilities out of the power generation business. Based on state law or administrative rulings, all three major utilities (SDG&E, PG&E and Southern California Edison) have been required to auction their electrical generating facilities. With their retail power sales constrained within the restructured industry, these utilities are concentrating primarily on: 1) providing the power transmission and distribution between other energy providers and their end customers, and 2) serving as the default electricity provider for customers who choose not to switch companies. 3. GREEN POWER Recent deregulation of California's $22 billion electric industry has created an opportunity for local government to help clean up the environment. Local government can do this by using its coIlective purchasing power to buy electricity generated rrom renewable resources, thus moving the marketplace toward lower priced renewables, otherwise known as 'green power'. By using its buying power in the marketplace, the Power Pool has been able to negotiate a contract with a power supplier that wiIl provide environmentaIly mendly energy, produced rrom a cleaner, nonpoIluting source. Using available credits tTom the California Energy Commissions, this green power will cost members less than electricity produced tTom conventional, more poIluting sources. As the market for renewable energy increases, more investment will be made in producing energy rrom these sources, and prices, even without credits, will drop. The California Energy Commission defines eligible renewable energy as biomass; geothermal; small hydropower (30 MW or smaIler); solar and wind. Renewable energy minimizes, and in some cases eliminates the negative environmental effects of electric generation. In contrast, fossil fuels form relatively slowly in comparison to consumption. Coal, natural gas and oil rely on a finite resource supply that may eventually be exhausted. These sources are more poIluting when used to produce energy. Local govemment often bears the hidden cost of this poIlution when, for example, it subsidizes uninsured emergency room visits on smog alert days or pays the cost of poIlution-related property damage. Deregulation has provided an opportunity for most govemmental agencies in this region to vote with their pocketbooks and move the energy market in a direction that will provide significant environmental benefits. Pollution and Power Generation Electricity generation is responsible for over two-thirds of all carbon dioxide emissions in the United States, one-third of the poIlution that causes acid rain and smog and over half of our nuclear waste. Carbon dioxide emissions vary depending on the type of fuel used to produce energy. By /2 r S- - Page 6, Item 12.. Meeting Date 6/29/99 adopting a more sustainable approach to electricity purchases, local governments can improve the environment and lower long-term energy costs. An Opinion-Editorial piece was written by Councilman Jolm Moot and published by the San Diego Union Tribune and San Diego Business Journal on this subject. It can be found as Attachment S. By choosing to include a significant portion of non-car bon-intensive "green power" in the total energy mix purchased, cities have the ability to contribute to a reduction in carbon dioxide and other greenhouse emissions. Most electricity in the United States is produced rrom coal, nuclear, large hydroelectric and natural gas plants. In some cases, the price of a greener power mix is the same or lower than what the City is currently paying. As one often California cities pledging to reduce CO2 emissions, Chula Vista can purchase less carbon-intensive energy as one simple way to help fulfil\ these climate protection pledges. Local governments are becoming an important vehicles for stimulating consumer recognition and demand for green energy sources. Purchasing green power is also consistent with the goals and policies recommended within the draft CO2 Reduction Plan. The City's Draft Final Carbon Dioxide Reduction Plan includes a policy recommendation to "meet the energy needs of the community with a portfolio oflow carbon intensity resources, preferably local based efficiency improvements and renewable resources." 4. SANDAG ACTIONS The SANDAG Board of Directors created the Electric Utility Power Pool Oversight Committee to oversee the power pool for 80 public agencies. Chula Vista is represented by Councilman John Moot. Other members include: Mayor Dick Lyon, City of Oceanside, Chair Councilmember Ramona Finnila, City of Carlsbad Owen Sweeney, San Diego County Office of Education Councilmember Mark Rozmus, City of San Marcos Councilmember Dick Ramos, City ofEI Cajon Supervisor Pam Slater, County of San Diego Arthur Triplette, San Diego City Schools The Power Pool represents $10 million dol\ars worth of energy purchases and includes 80 agencies. Fol\owing a competitive RFP process, SANDAG recommended Commonwealth Energy as the service provider. This recommendation was made with regard to price, ability to perform, flexibility in supply and pricing, and responsiveness to the terms of the RFP. This process was substantially similar to that which would have been fol\owed by Chula Vista had the RFP been issued by the City. In 1998, Commonwealth Energy made a I-year offer of electric power at a guaranteed discount of 1.5% to 3.5% below the otherwise applicable SDG&E electric bill. This year, Commonwealth /~ ---t Page 7, Item /2- Meeting Date 6/29/99 Energy, under direction of the Power Pool led by Councilman Moot, was requested to provide a green power option. This new option provided the pool with a greater savings than the basic rate. Savings are estimated to be 5% of the total bill for specific meters up to 67,000 kWh per year. This savings is based upon a $.01 premium less a $.015 State of Cali fomi a rebate which is passed through to the customer as an incentive to buy down the cost of renewable power. Thus, the City receives a $.05 per kWh discount on certain meters up to 67,000 kWh annually. The contract is for a one year period. It is expected the State will continue this rebate for the next two to three years at least. The renewable power in this contract is generated in California, is 100% renewable and comes from a geothermal plant in the Mammoth area. Thus, through it's purchasing strength, the Power Pool is supporting the generation of renewable resources developed and sold in California. Chula Vista has a total of 436 meters. 8 of those are currently in the Pool. This is due to the fact that last year's offer by Commonwealth: (a) had an energy rnix that relied heavily on coal and other non-renewable power and (b) the market was in its infancy and there were numerous options staff was exploring at the time. A contract would have precluded any other options. The new Green Power Option is based upon buying power rrom 100% renewable resources at a discounted rate. The City's meters fall into two primary categories, those over and those under 50,000 annual kilowatt hours (kWh). For any meter over 50 kWh, the City must purchase new meters under the SANDAG contract. The cost of metering is $22 per month and $5,280 annually for all meters. Metering is figured into all costs/savings presented below. There is an additional category ofunmetered streetlights. The City has: # Meters ConsumDtion Cost % of total Meters % of Total Utilitv Cost 416 < 50 kWh $291,222 95% 24% 20 > 50 kWh $578,362 5% 47% Street lights nla* $350,000 nla* 29% TOTAL $1,219,584 100% *Streetlights are not metered. The charges are bundled together and billed to the City based upon a flat fee for each meter. 5. COUNCIL OPTIONS Option 1: 100% Green Power for all meters: This option suggests switching all the City's meters to green power. The small meters make up 95% ofthe total city meters but represent only 24% of the City's energy costs. Each meter receives a 'green power' incentive until a cap of 67,000 kWh is met annually. ).-2 r ? - Page 8, Item 12- Meeting Date 6/29/99 Beyond that consumption, the incentive disappears and a premium kicks in. Thus, if all the City's meters were switched to green power, the savings on the smaller meters would partially pay for the cost of the City's larger meters that do not receive a discount. The net cost is $31,673; this cost includes any offset by savings identified above and any re- metering costs. Option 2: 100% Green Power up to 67,000 kWh, Basic Power Mix Beyond: Another option is to switch all meters to green power, and at the point where each meter obtains the maximum allowable green power rebate ($1,000 per year or 67,000 kWh), Commonwealth will switch those meters back to the basic power mix offered last year. This means that the consumption above 68,000 kWh will obtain a guaranteed 1.5% to 3.5% savings per kilowatt hour based on the total load factor of all of the electric meters in the power pool. This option requires careful tracking by staff in order to determine when the meters are ready to be switched and the additional savings are minimal. An additional annual $2,600-$3,990 savings will be obtained by switching back to the power exchange mix after the cap is achieved. Option 3: Staff Recommendation: Staff is recommending switching all the small meters, 6 large meters and the un-metered street lights to the Power Pool, if streetlights can receive a green power rebate. SANDAG is researching whether unmetered streetlights can receive state rebate monies due to the fact that street lights are charged on a flat estimated usage rate and the rebate is based upon a 'per kWh" usage. Staff will report directly to Council on this issue. Otherwise, the streetlights and the remaining large meters will be packaged together and staff will continue to search other vendors for a greater discount for the remaining large meters. This allows the 416 small meters that do not have any additional metering costs to be switched automatically, as well as an additional 6 large meters. The result is a net saving of $17,136, including metering. The following meters are recommended to be switched: Account # Meter #/Rate Meter Address Facility Meters already in Pool: 8389317700 1359866 389 Orange Ave South Chula Vista Library 2447069652 1035220 447 F SI. Fire Station # 1 1166418703 945307 782 Hilltop Hilltop Park 823293103 556731 333 Oxford Lauderbach Center 1073169259 1411027 1060 Eastlake Pump station 7971825945 516815 360 Third Avenue Heritage Museum 797207402 072784 802 Third Ave Traffic Signal 3323122955 365479 2028 Otay Lakes Traffic Signal /;2 / % - --, ----- ---.--------- " Page 9, Item /1 ~ ;;..,- Meeting Date 6/29/99 Additional Meters: 4968563951 796582 (A) 691 Otay Valley Animal Shelter 3678122803 184109 (A) 760 E Street TroUey Station 3572194607 568308 (ALTOU) 261 GuavaS! Building Maintenance 919019 (A) 374 Parkway Parkway Center 6694222301 270093 (A- TC) 774 H St Traffic Signal 7824815659 1465145 (A) 975 Lane St Fire Station #6 All street lights if rebate is applicable and all small meters < 50 kWh. 6. SANDAG/COMMONWEALTH ENERGY OFFER Competitive Process In 1998, the SANDAG Power Pool Committee solicited and evaluated proposals for electricity supply and services during the past several months. Henwood Energy Services provided specialized assistance to SANDAG in tills process. The committee also evaluated other proposals open to public agencies, including those organized by the Association of California Water Agencies (ACW A) and the State Department of General Services (DGS). FoIlowing tills competitive RFP process, SANDAG recommended Commonwealth Energy as the service provider. This recommendation was made with regard to price, ability to perform, flexibility in supply and pricing, and responsiveness to the terms of the RFP. This process was substantially similar to that which would have been foIlowed by Chula Vista had the RFP been issued by the City. Provisions The provisions of the offer will be incorporated into the master bilateral contract between participating public agencies and Commonwealth Energy. The contract term is for 12 months and includes meter reading. Accounting of kilowatt hours consumed will continue to be the responsibility ofSDG&E, and SDG&E wiIl continue to bill electric customers. Electric customers will continue to make payments directly to SDG&E at the discounted rate specified in the contract. Any potential additional costs or charges that Commonwealth might incur in providing power will be its fuIl responsibility and will not reduce the savings to the customer. Each public agency will be able to determine the meters and accounts it wants to designate for participation in the pool. Administration Commonwealth will provide an additional .5% savings rrom the total power pool electricity bill to SANDAG for the costs of administering the pool and consultant assistance, up to $80,000 annuaIly. Administration will be done primarily by SANDAG staff although City staff will track savings and costs and work with Commonwealth to instaIl meters. /:2~~ Page 10, Item 12 Meeting Date 6/29/99 Metering/BiIIing Services In order to buy power on the "direct access" market, customers with larger kilowatt uses will need to obtain special time-of-use meters. These meters will allow for the electric service provider to analyze energy consumption data on a real-time basis via modern and cellular technology, thus facilitating the procurement of energy at the most favorable market rates. In Chula Vista, 20 meters fall into this category. These include: the Civic Center buildings, some traffic signals, pumps, libraries, community centers, and parks. If these were to be added to the Pool, Commonwealth would install the requisite meters (including cellular communication equipment). The City would be charged a $22 monthly rental fee for each meter. Source of Power The SANDAG proposal through Commonwealth Energy has a fuel mix that is estimated to be: 100% geothermal. Geothermal energy comes from underground heat via geysers and emits less than 1 % of the carbon dioxide of fossil fuel power plants. In contrast, the basic discounted brown power offered by Commonwealth is the same as the California default power mix. According to the California Energy Commission's Power Content Label, basic California power (that offered through the Power Exchange or SDGE) consists of: 11 % renewable, 21 % coal, 23% large hydroelectric, 30% natural gas, 15% nuclear and I % other. Potential Risks The greatest risk associated with purchasing power in the competitive arena is that the City would pay more for power than it would otherwise have paid. Under the proposed guaranteed savings terms, this should not be the case. Other risks to working with a company entering a new market, however, include breach of contract or bankruptcy. State law and the proposed contracts provide several types of protection: * If Commonwealth can no longer abide by the promised terms, the City would still have the option to obtain power rrom SDG&E as the default power supplier. The applicable rates would be those at which power is auctioned on the statewide power exchange market. These rates are equivalent to those currently in effect (prior to the discounted rate). * SANDAG has negotiated a $100,000 performance bond, with which a new RFP process could be conducted to re-start the power pool with a different contractor. * The contract requires indemnification by Commonwealth of all participating agencies, including payment by Commonwealth of any fines, fees or penalties and hold harmless on any losses or claims. There is also a requirement of minimum $1 rnillion per occurrence liability insurance coverage. /;2 //() .- rJ Page 11, Item "-- Meeting Date 6/29/99 Contractual Terms This contract allows for participating agencies to designate in "Schedule A" the specific meters to be served by Commonwealth. Cities may also amend that Schedule at any time (upon 30 days notice) to add meters, which would be served according to the same terms. This affords the City the ability to join the power pool on a limited basis now and reevaluate the level of that participation as the initial months of actual savings are analyzed. (NOTE: No waiting period applies to the default provision of power through the local utility at statewide Power Exchange rates). The MOU and contract have been reviewed by the City Attorney's office and are generally recommended for Council's approval. A side-letter agreement is being developed to clarify the City's right to go out to bid on those meters not included in the SANDAG contract. 7. SAN DIEGO GAS AND ELECTRIC Under the state's restructured electrical industry regulations, SDG&E will function primarily as a power distribution company and as a default provider to those customers who choose not to contract for power with a third party. As a default electricity provider, SDG&E would be the City's fall-back source of power if the agreement with Commonwealth is not renewed next year or if there were some breach of contract. They would also continue to be the City's provider for any meters, which are not specifically included in the Commonwealth contract. 8. PUBLIC EDUCATION CAMPAIGN Upon direction rrom Council in June 1998, staff developed a partnership to implement an education campaign on renewable power choices, leveraging state funds to conduct this campaign through Global Green, a non-profit organization dedicated to promoting renewable power choices to consumers. Through this partnership, the City can effectively serve as an educator and champion for renewable energy by facilitating access to green energy providers through a broad range of educational efforts. The purpose of the campaign is to educate residents about green power, how to switch to a new provider and what options are available. The campaign will include two targeted mailings to 20,000 Chula Vista residents, a business mailing to 5,000 Chula Vista businesses and a letter and 'switch kit' to key Chula Vista community organizations asking them to place information about green power in their newsletters and provide information at their meetings. The Global Green 800 number and the City's website will be used to track responses. Staff has proposed this limited campaign as a second step in its ongoing public outreach efforts. To date, staffhas accomplished some outreach through no-cost measures such as placing articles in the / ;2 -- II ..- Page 12, Item /2 Meeting Date 6/29/99 Chula Vista Quarterly, designing informative pieces that were placed in the trash bill and sent to both businesses and residents on green power options, and providing flyers on the subject at events. However, due to the fact that there was no budget appropriated for this purpose, it was very difficult to accomplish the goals set out by Council at the time. Therefore, staff is recommending implementation of a public outreach campaign to be developed in partnership with Global Green, a non-profit organization who recently won funding rrom the California Energy Commission to conduct outreach to target cities. Global Green is currently implementing an outreach campaign for the City of Santa Monica. A 'switch kit' brochure is attached. The total cost proposed for Chula Vista's campaign is $27,000 and will be cost-shared equally between Global Green and the City, thus the cost to the City is $13,500. Global Green has agreed to match the City's contribution with funds they have been given by the State. Staff is recommending that Council appropriate $13,500, taking a portion of the total projected energy savings rrom joining the Power Pool, to contract with Global Green for the public outreach campaign. The Global Green proposal can be found as Attachment 4. The mailer for Chula Vista will be similar yet custom designed for Chula Vista. FISCAL IMPACT The City currently pays approximately $1.2 million per year for electrical power to city buildings, equipment, parks, sewer pump stations and other sites. This service is provided though approximately 436 separate metered locations and numerous un-metered streetlights. Savings for smaller meters rrom the 10% rate reduction (which began January 1, 1998 and end July 1, 1999) was projected at $35,900 per year. Full implementation of the SANDAG power pool Green Power option is projected to cost $31,672. Inclusion of only 422 meters would result in savings of$17,136. The cost to the City for the public ontreach campaign is $13,500. The total cost is $27,000, but this cost is shared between Global Green, which has received state funding to implement such regional campaigns. Staff is proposing using the energy savings rrom switching to green power to pay for the public outreach campaign and proposes appropriating $13,500 to the Planning Department budget account 100-0625-5201 rrom available fund balance in the General Fund. Under the proposed contract, the city would be able to continue using its existing meters for all but 20 sites that have a higher rate of electrical consumption. If these sites were included in the contract, they would require "time of use" meters to measure whether the electricity they are drawing is at peak or off-peak times of the day. The monthly cost of these meters would be $22, for an annual cost for all 20 sites of $5,280, these costs are included in the projected cost/savings listed above. The City could achieve some slight savings with these meters starting in January /;2---/;2. .- Page 13, Item /2- Meeting Date 6/29/99 1999, at which time SDG&E's metering cost will be "unbundled" rrom the overall rate and can be eliminated rrom the bill where an alternate metering technology is installed. It should be noted that most "time of use" meters require a telephone/modem connection directly to the ESP, which can add significantly to monthly service costs. The City would not incur a cost for this service, however, as it would be accomplished via wireless technology included in the base $22 charge. Costs to the City Administration of this program will be conducted primarily by SANDAG and its consultants. The responsibility of the city will be limited to monitoring savings achieved through the contract (which should be facilitated through new Internet monitoring technologies) and making decisions regarding contract additions, amendments and renewals. Attachments: 1. MOU, SANDAG Power Pool and City of Chula Vista 2. Agreement, Commonwealth Energy and City of Chula Vista 3. Agreement and Side Letter, Commonwealth Energy and SANDAG 4. Global Green Proposal and Switch Kit Mailer S. Op-Ed Article written by Councihnan John Moot and Green Power Fact Sheet 6. Chula Vista's Meter Data Jc2 ---13 RESOLUTION NO. )7'5/1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING RENEWAL OF COMMONWEALTH ENERGY POWER SERVICES AGREEMENT AND GREEN POWER ADDENDUM FOR THE CITY'S ELECTRIC SERVICE PROVIDER AND INCLUDE GREEN POWER IN ALL FUTURE BID REQUESTS AND ELECTRICITY PURCHASING CONTRACTS WHEREAS, SANDAG developed a Power Pool for the purpose of providing agencies a lower priced alternative to the electricity costs offered by SDG&E and the power exchange; and WHEREAS, SANDAG's Power Pool is expected to purchase 450 million kilowatts of power this year on behalf of 78 local governmental agencies; and WHEREAS, Council has previously approved joining the Power Pool for a limited number of meters and requested staff to pursue a green power option for Chula Vista; and WHEREAS, due to Chula Vista's participation in the Power Pool, SANDAG was directed to explore green power options, in turn requiring its supplier, Commonwealth Energy, to provide a green power option to the entire pool; and WHEREAS, the option offered to all agencies in the pool was to switch all meters to a renewable power or "green power" f with an anticipated savings of 5% off the entire bill and a 20% savings on the electricity portion of the bill; and WHEREAS, staff is bringing this Green Power option forward for approval to switch the eight existing meters in the pool from brown to green power and recommending additional meters to the pool; and NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby approve renewal of Commonwealth Energy Power Services Agreement and Green Power Addendum for electric services for the electric meters listed in Schedule A, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that 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. BE IT FURTHER RESOLVED that the Purchasing Agent is directed to include green power in all future bid requests and electricity purchasing contracts. Presented by Approved as to form by Robert A. Leiter, Director of Planning J;¿/1 h:\home\attorney\reso\common.wth RESOLUTION NO. ¡I~~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 1999-2000 BUDGET BY APPROPRIATING $13,500 TO PLANNING DEPARTMENT BUDGET FROM AVAILABLE FUND BALANCE IN THE GENERAL FUND TO IMPLEMENT A PUBLIC EDUCATION PROGRAM FOR CHULA VISTA RESIDENTS ON ELECTRICITY CHOICES AVAILABLE TO CONSUMERS, SPECIFICALLY RELATING TO GREEN POWER WHEREAS, during Council discussion on utility deregulation, there was widespread agreement that the newly deregulated industry was causing confusion among consumers as to what choices they had, how to switch to an energy supplier other than SDG&E, what, if any, costs are associated with switching and who consumers can contact for more information; and WHEREAS, as a public service, Council directed staff to serve as an information provider to residents, businesses and other entities on power supply choices, specifically with regard to green power options; and WHEREAS, staff developed a partnership with Global Green, a national non-profit organization, working to create sustainable communities and promote renewable energy by working in cooperation with business, government and individuals; and WHEREAS, through the partnership with Global Green, staff is able to leverage funding from the State in order to provide renewable energy public information to the community; and WHEREAS, through this proposed public outreach campaign, the City can serve as an educator and champion for renewable energy by facilitating access to green energy providers through a broad range of educational efforts and events; and WHEREAS, the proposal is to distribute consumer information on the benefits and opportunities for switching to renewable power and facilitate contacts and partnerships between state agencies, commercial consumers and others; and WHEREAS, Global Green has received State funding for regional educational outreach efforts, of which a portion will be used to match the City's contribution of $13,500. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby amend the FY 1999-2000 budget and appropriate $13,500 of the unappropriated balance of the General Fund to Account 100-0625-5201 for the development and implementation of an education program for Chula vista residents on electricity choices available to consumers, specifically related to green power. Presented by Approved as to form by ;> Robert A. Leiter, Director of Planning :::-~, 30.-;::: :}::,~~.f S;J~L.~G ~UE32 ;. ~-;:;t: /c< ATTACHMLNT 1 5/E.'9t COMMON\Ií:ALTIi EJER¡;y POW:p. SERVICES AGREENEIlT ThiI A¡ ræmont r A9J8MIIIII!? is IIIJIBrB: irrtD by ~ ~ c......A...-I1h Enefvy CcQo."llÍÌD!1 rCOIIIIONlF..A!..Tr."). . CIIitCIrio c.......,¡¡~, iInd s.m DiegD Ro iDIIa! __ PomI ,..... . , 4 rPAR7J::IPAHT") ~ '!no .- _ bel.... """ baed ~ lie fDllDwi'ç ndIaIs, CMIII2!1IS iInd e0041k.... IMIER5U, PARTJCIPANTCIIIIImI& 1iInlecllicily 1lt:Ì'Zll$trbomel8ra-meIm íaIød 011 t:iloàuIe A.....áøi...d I1ereU1 orsoparaJaly ømchod hereID fnm;lIuaIly. a""'" and, coIiecIMJIy. l1e"MeIers'); WHEREAS, COMAlONW'"~m is Ì'1tho busineoc III ~ law cas: ei=Iridty ord RJIaIed œrviœs ord Is ~ t>y IÌ1I! CaIi1ahia P\bic UIIIities Carmnission as II!! 3I!aIIi: SeMœ !'n7.\der ¡:SP ..,teZ) an::! wi1h 1he Feo!Irai ~. Reguia!D!y Coll1l\1ÌOSia1 "" a PDwe< M.xeœ:; WI5lEAS, CDMMDNW""::ALTH Ì1ID balm sdecIed ti1raIgìI a com¡>sIiIive bicDIr'Q pmc:ess and has &m!II9d inIc all Agw.._4 with tile San Diopo Asaocie1ion III G:..œ......,¡¡ (!he -&AN::IAG Au,=.~'l. 1h!o BI2TIiniSIm!Dr <If tno San Di"l!O iù¢>nå PowIIr Pool, sid has furnished a f'C'h..mauDc toÎId 10 SANDAG jar uoe by the San p¡ego RopicnaJ ~ Pool Ie I'SY tile =1> of tm1åJt:Ii~ amIt...- Power Prtx:unmœnt Prnc:eso if COMMONW:ß.!..TH WBI& 1<> åelmM =:ì:~ 111< SANDAG Apreorœnl crlhi> ~ WtEP.EA$. COAIMONW"=A!..T'; hereby oIien; 10 PAFmCJPANT '""='= µowe:- purch!I8in¡¡ =vices unœ.- :::affic:niz¡ .........,¡¡¡¡"" power ""WÌY pn>g!aIn craaterl by Þ8 18![) and Iaøwn 2S 111< Direct ~ pc¡¡¡am rDire::t þ. , -" J, ¡¡: E ãs=oun: In 111< !iI1eS Dllersd by CUS7D1.ER'S lffiIity [);s!ñm¡ joo Car;any \,J,:"j; WHEP.EAS, PAP.l1CI?AA7 wishe& to parti::jpBle in COMMONW"=:AL;m; """'" ptr.imin~ ~: NOW 1tEìEFORE, in consiœIBüa1 of the ~ /B::Ì ¡ j& and ::In:itJt1ns conI!Jined i'erein 8110 fer åh... ¡¡:x>C an:; yajuabje c0nsi:i012lion, re::ei;>t r:t which j¡; hereby a::bowIed¡Ied, c:.JM JONW"=A!..TH ð1d PA?J]:;PANTholliby..",.,. in\¡¡ !iis~'TI8It.: DERN1710NS All '....f....·..,.¡ Ienns used herein and not otherwise óøtiÆd IhaII have lie respe::tivÐ ,,-';''(;5 set forth in S--ia!iule B et!aohed heme. AGREEIENT Î. COMMONWEAlTH SEiMŒS: COMMOIfW""=A!...TH shall ~ eiecttio ¡x>We:' io ~ tne full requße.Te.T.S cf. tne _ i:>a:is specified by PARTr.;JPANT and Iíste:: ¡., S::he:üo A. =: shåJ perform, mar;a;¡e cr ~ all iun::ii:r.s r~f, including scha:üing hT1)Ugh . CAlSD-œltitied ~ C=ãnaIor, I:J efie::t daövery of ¡¡u:;, poo.oe: t:: ?ART1:1PAIIT IiIrt>ug, !he Cai!:mia Dire:l A= oystom. P~ANT &hall have !he Iipl1t to in::Iuœ any mew. iæisñn;; ... nsw) into tii& Agteemen! at 2I1Y fuœ During !he tmn of \ÍJe Aø.~.~4 U :Ø1 thi!1y (3D) days WlÌIiIm roiiœ it> COMMONW"~ 1li. COMMONW":;AïH shall be PA1/11C1PANTS" exdusive ele<:1ri:2 õÇy pœhæinp """"~ to:- tne bó ~etI in Schedule II d:Iinv the !!!1m It 1m Agn'enrel\!, wiIh Ire e:I:Jsive ßlm" io f""SUe. BV8Ìœt!> ~n:! nogoIiaŒ any and a1! electri:: çy proc:lI'BmI!nt cq>oI!1I1ifies f:>r tie p;>Ip086 o! ~ PARl1C/PANrS .,;~O SI.IXIiy procurement casts. PARTICIPANT shall keep COMMONW"";;AL TH ;wri&e::I of OM """'ID' =: re=õ:¡n ~1io;}S it may pursue and shall folW!!lt! II> COIJMDNW""cALTH any ¡ro;:osals from any oIte:' SO'.rœ5 that mar Ies:; 10 " ~ in PA1/TtCIPM'T'S eleotrr.i!yuni: coots forele:::tri:: ~ p::>cUrO!71Sl1l 2. PPJ:; NG: 2. ~ Guararrteod S.vinæ: C':JMJJOIJW":=ALï,; sn..J1 provide electi:al energy \0 PARTICIPANT at a rate $''= ti'.a: PARTICIPA/\/Tis p...,1æd a rninLTIJrn savin¡¡. of CGuaranteed Savif1; S"): . Three and on&-half pm:nt (3.5%) åÏs:XQl( belOVi Ihs mh!!rwise a;;>Ü::at>ie total bill fro:;; tne ~MJ /lA/'N11 '5 UDC pIO\IÌdOd U1e ¡,,., DiE90 Regionà PO\I/9." Pool has 21\ Ag;:regaled Mol11ilty Load "a::to:- g¡e¡¡1e:' than O[ eqœi to .60. / rJ..óq,?-/C ~ f( I 9 OS) -- - ---" J~D. ?t32 : - SM;D~.; .. " ::.::. '::f ~ ::; ~,. ;E;l "'C'. ..'';. ......... ..... , S/t!98 · 'WO """ ono..I1a: per::&nt (2.5"..) ~ boio&-li1e oD1onoæ Ø:zbIe b:a' bI: imm t10 PART/CPAATS UDC PJDviòod !he S." Die90 Re\Iiona' P:>oc.- Pool 1m .., ~ Monthly !..oed Fa::ix>r [n!IIIer II1ar1 cr ecµ¡I Ie .ss IIJ! Ie£¡ limn .60, · 'WI> - (3) cisr:oIttboiDrlbo __ "1'1"'....... _ biI fnxt¡ hi PAFmcPANrS UD:: ¡xtMdod Ihe San Diego R8¡¡ionaJ ""- Pac¡ ... 111 Þw........,d McnIniy !.DatI Fa:tar p1!OIIIIr Ii1IIn '" eq¡a! b .so btt. 1ess1i1lln.55. · One ..~ a..haIf perœnt (1.5%) Iisc:u¡¡ bIiow U. OÖII!._ oW' ..,¡ 4o.1DIaI1iI from !he PARTr../P~ UDC pnMded Ihe Son Diego Fèøinnai P:Mw Pool ha$ an AÐ~ MonIIjy I.æd Fadllrless tIuwI.50. 2.2 1ncnIrpef ¡J/ smnll!:: In BddIIIan, COUJICWW-tAL1H IIfl1 aIon rri8> PARTrwIPANT any I8IIÜzI:d cost savin¡¡ beyond Iha ~ GuaranIeed ~ C"b..w._obd Savirvo') ICCII1!ng ID 2he f: aMng achoduIe; -=my five ¡>en:ent (75%) of b""",,_.boI SIvirvoID PAFm:;/PANT III'Id ~ fM! pIIIDen[ 12:>-") of IncremenIiII SaIIinps to COlrlMDIVW"'=A1..7H. InctNten/;¡/ ~ ÍII deIiIed 11$ lie d:118I8Iœ ~ tlJ !he IIDCUn! PART1CI?ANT wtxid have paid fnr Blet:ÞicaJ "'*DY Ibing Ih8 lilting P<Iiad undEr' P.X pn:jng at Ii bu!rled uIiIity custmn:r U!IO!!: jjz¡ Þcp~ TarIIf m1d (Z COIIMC>NW"=ALM Q,st r1f PoIte: less tJJe r.. _.'-1 s.l'ings, ptrNirJed tbat the itJCf811ænl1ll &MnF t8nJ'IOt he nega/Ne. CCIIoIMONW"'dIL~ Cœt of PfJIIPer it deineá /1$ i/¡¡ p¡r.:htJsed f1ImeTB6Of = p/Ut any DUt-dpo:Jœt == frr fulCÚDtls ret¡Øited ID œDs IDe ISO t:OntmIIed gi1f far IUIeTI!Y deiversd tD PARTICIPANT. prrwirkd fill/ the a>st for...:;II fun::icn: shaJJ nrr. <œ:eei what PART1CIPANT'S ""--I Wo:JkJ ~ been with bJJndled IIÜlifJ =rriœ. 2..3 "".mv Ch.",. Cai::u106or.: COIrIMDNw-::::A!.IrrS till arra.-n itr. Iho en:I!!Y and SEInIiœ& provi:ied 1:> PARTICIPANT by CDMMDN/,\r:ALTH s:..r he equ¡J to c:;)/¡/M:mHr=A!..if{" B::tuaI Cœt of PtMoe~ jo;- t"" eir.trical ""OIW àoIivored 10 PAFmCIPANT. plus ::;~ oj 8I1Y í==rnmtal S"';IlOIS, Pn>I/ÏdeI !hat in nn ....n: wñl COMMDNrrcA!..rrl~ bDJ _11> PARTr.:I?ANï _ "" z:m:uú wiúctJ 8ßS1JR!.!¡ Ii1a! PARTr.:IPAIVT ~ !he Guaranteed ~ There shall be no ad:füonoI chaJ¡r.:z i:; .:>ARTICIPANT _ to COMMON/,\r:A!..iH'S p::>Yisian of ele::lrical eœr¡¡y æMœ heyorxj thoœ ciescmod """"" iI1d In se::Iioo.( of !his ~._J1. ìb= IIbove p¡ëng inaudos the prrMsion of all sanõceocrfurx::fiuns Vtbich iDe, or may be ~ o be peIfu....oJ, rnanaped, 0.- ~ by CDMNDNw-=A1..TH ín::iucing 1Ii!!xut IimIIaIion 1iIIn¡¡, 11_ Dam Maa~...r.l Aport¡ (MDMA) fundiont, and aI s:he<i:oie co..J.".¡¡"" æniœs, to eIIecf œr-y of power 11> PARTr../PANT 1iIIeiher cr not they ¡q ¡pecifi::¡¡ lyt!nlJllltlaiad in this ",_...11. 3. S::HëDUl.E COORDINATION SERVICES: Stheàuie ~ -.i::as I8q.Ì!8d to Idrect deIiYøy of power to PAiillClPANr sbaII be perfamecf by CDI.lJIONI'r~rn or by ~ ~ by the Cafiomia PubIi:: UliJjjjes CoI..,;.,¡¡.., Endlhe Indep.,.";"t Systgm Ope:a!orand tmda:"conll2c: b COMMDNI¥I=...ALTH. 4. METERING: If retµæd. CDMMD~.ALTH thall ¡:r.>IIÎOe, instalL ""'" and rnanlain at a =L of SZ2 per ma¡th per rne!9!' Direct A= MeIers 10 PARTlC¡PAf/T. COMMONYrt:ALTrI _ 0WI1, inm-e, W8lIB:II, æ>:J PI1>'Iide meta:' SII¡7¡>ort sefViœo irduãng torrecIive n..,;..tt"ð..... IieIVices 10; all ID!!9:õ instilled uno.:- !hi; Aglft/lleJI! at no a02fionat CO$! 10 !he $22 per """'In meterin¡¡ cI1orge. If required, 8<Öti<r.al COI1IIIIuniC85ono ~ (ex!ansio~ of ~ 0110 beyon:j 1D feet from - instalialion Ja:afinn) shall be th. res;...-tiIity of !he PARTlCPAlvT. Upon the er¡:itaüon 0; =er Iem1inaIbn af !lis 1IDræmon~ PART/C!Þ.4Nï may P!m:hase metar{s) at a Ioi:' mæke~ value cr. COMltIONI'rt:ALTH WIll IBIIJ:M t'1e !IIeIE< aI. no a:i:iöonal cost at PARTT.:IPANrS "PO", COMMONI'rt:ALTH sbaII aJjow PARTlo/PANi to <>Ml, instalL a:1d InIir1œin II!¡ own Direct Ar:œst, Mete:- a1 PA'?TlCLDAWT's option v.ithout PARTtCIPANTim.r.ing !he S22 per m:>n!it per mei!r cha:pa. PARTICIPANT ~"'" CDMMONW"'::ALr:..¡, ito con1:1s..'ÌD.~ and a¡>en1s t"e ri~h: 10 ..,1... its ~ to ins:aJL repair, malnlain, a:-d rem","" met..~ p'OYi:l9â by CDMMDNW::ALïH. 5, BILUNG: PAfiTICtPANT elaás II> reœive a COII3OIidaUd ÎnYDiœ s:.b,."1itt&:í by the UDc 10; UDC ch!lI¡ '"..$ anj COMMDNI'r=ALTH'S charg... COWvlON/,\rt:ALïH ohàI take !he ne::æsay steps 10 fulfil the ESP d::IIigalions s~ f:rt~ IITI<Í;!r t'ls UDC's Iirect access n.ies, with no charpe k: PARTICIPANT, to BnSUn! !hat PART/GJ?AWTis blUed IIYDu;:1 the CoosoIi:1!1ad UDC 8ilVng opfi0l11C1' fhe enOl¡ )' seM::os 10 be pItJ\Öd by COMMOMr=ALTH 8OtOrång 10 ~ ~ - ; ~. - tiD.m~ .. ~::? 3D. 19;¿ :l::S?j~ S."J;:.L.; 518.'9E ;xi::Ing IBImS o¡>ecifJeC! '" ¡j,; ~- All fII<!!r'-'n¡¡ an:! <2:a µo ........;.," I1.ncti:rJt are n:twe::s"" . pan rt tnj, bD¡¡"gseNi:oc:èiipation. 6. EJIEJIGY CONS:UllP11c:lN IlIFOIIMAiIOfC: PARTICIPIWT aboI ÒIIIigIIIIø COUJIONW"'=:ALTH 10 PAAT1CIPANT'S QZJBn! eIocIIicItr 8IÇfIIioI(5) .. on auIIIoIizIÌd IKi¡:iert It PAFm::;e>ANrS aIII8nt en:! IÎIIDåCIII ~ cœ:I and 1Sa t'" PNmGlPANT IhaI ¡mide I;dñy ~;,.&.... ~ ilL,...a!i.a. IInd IIIi1 0Ihør Irmma50n 3IIIIiabIe IE> PNmCIPANT æ COMUOMrtAL1i-I ræy ¡~.tA) I!qJÌ'e Ì11be per\'~ ..__ d it$ asvI:2s IIIder tiU Aor-t !WId tal PAFmC/PANT ÌI ccmIor!IIbIe IIINián¡¡ ¡:mW od hit IIIå'I ~ WI! be le\Õewed IInd __unod by SAN!Wõ pIicr to COMJICWNEALm IIJIkq file II<JIISt to PAFfTICI>ANT. Exœpt as opecã....oJy B:IIDizedby PAimClPANTto IisoIooe IIIi1 duo...... 8lXl8IOeptfw use by Slll'IDAG fDr1i>e I!II )Ose It IIIriyin¡¡ lhecalculæian ofilx ~ Fee, CDMAIONW=..AL11I1ha111II8inI!*1 in -.....:..... wI!h CPUC ruiBI; end ~uu. any and ¡i su:h inIœmetitm P!INiJod by PAJmr::/PANT'S CI.II18J'd eII!cIñd1y ~5) as _ü,J!ìa!. ;:;:&oICJNW:AL11I shell provide œni-annuaI c..r~ 8IImIIDI)' ~ In eec:iI PAFmCIPANT ........ .:i.¡¡ PARTICIPANT's hisIx:1ricaJ I1IOI1IhIy IIIII!IIIY us:age ¡n &lIVings ar:Iiowed ...._ad ID PX com ia' er.h 1T18fe'. N no a:i:iIionaI cœ!. PAFmCIPANT$ with InsIaIIod DinIc( Acceos MeIe:s wil be a!:ie Ie vi8w and dt...I>wÖtally CX>W!IIæd hìsIDri:a! energy me data ttIDIJgh 8 œoure ÌI1IIIIæt _on 8 cBiy bas!s a-mae fnIquenIiy, if R:tÙred. 7. QUALlTY: COIrIMDMI'"'rALTH ShaU pmcII!8 and pmwide fIIIn eie:tri: pcwør ~ I:J neoot !he full ene:¡¡y ~ a[ PAFITr.;/PANT'S IœŒ rpocjijøå in Scho:itie A. 0 E:'i':::'!1VEDA1E: ìhlt.AgreornOlltsha!i _,._... ""July 1, 15:5. ". E'. TI:RM Or AGREEM3IT: 1M 1Iø,_,~4Iiha1i ~,.,~"" on the eñedi"" oaœ fo:- . ""'" at one (1) year fr:xr. t,. cé PAKT/CPANT'œt,jm raœÇ¡! of oerviœ tom COMMDNK'~T.-i, 0:- until Jure 30. 1GGB, wti:heve:' = fi",~ wili1 PAFmGPANr ha1Iin¡¡ tile cpIian ID""., at tile existing IamJs á !his Agrh,..u! for IÇ1Ie four (4) aà:iliona! me ye;;r-PBricds begiImjn¡ on J<iy 1 af 8WlYyear. PAR71CIPANT may 8XeI:iæ it$ cPIínn i:J _ by giving IOIÌtùm ""ICe Ii1!m:Jf 1D COMMcmr=A!..~ at 1_ fIir\y(3D) áay>;¡rîcr1D8ICþi."¡¡'" 01 !he Ihor¡ CU!lM1mn. 10. LOW PRICE GUARANTæ; n, aIIsr at leas! SÍ[ (6) monIhs IrIIm IiIe eæculíon øf m A;I8HIeIII, The San DiBgt> RøgianaI Pœw PcoII1!ICeÍI'I$ 8 lIeIÎIiIi:IIe wriIIBo oIí&r by an Established SI;pIier tþ suppiy Tne &II Diego RagionaJ PoMr PnaI's oie:bicìty at" .. IiIIIch The San Diego IùIgiCI18I Pcooer Pool beIiews is below tie COMI.ION'Ir:::ALTri tSIiwQd RIle, !hall COI.Ð.IaNWEAL7H :hall have IIirty (a1J CÍIJS fmm noiæ of the a!Ier In elect to ~ PAR11CIPANTTho &r1 Diago RapiDnII Power ?cd tie IIisi¡jdfy and ~ œrviœ, if 11I1)'. lIS described in !he offer on ~ eq¡Mdent Ie fha ofior. If after tiJiir (30) tàys' nnIiœ or tt1e offar, COMMDNYrcALm has not aIe:ie:j ir1 wriiin;¡ ID SI.!JPiy The Sa> Diego Regional Pow:.- ~ Ill! ele::IJjQty a:Jd services uOOer !Blms ecpivaIen! It> Ihe ofio:- and TI1!! San Diego Regional ?ower Poai ,,= tn! ooer, !hen the PA'mCIPANT ..m IamIinata ttm Agreement without p-..zBty or liability. í 1. COYMUN/CAì10Ht: All c::nrntJr1ications shaE be ¡, wri!iIJ and sent or doüverBd Ie !he a:inso oat fDlfh ~ me Party""pnann iIerø1D 0:- su::iJ DIh<:' BtI:Jress!$ may be ~ by Wl!tten notice,"'; shall be deemod given ~ IBOeiY8d. .2. A!/I)IT AND IHS!'ECTlON OF RECORD~ CXJAlMOtmr:::A!..11I shaE maintain ::ornpJeta and ao::urata r=."ds wilb res;>ect In Iho l3uara!1teed Sayings, In:>elner1!Bl Samgs, an:! CO!:: oi ?ower calculalions ua:iar SactiDn 2 U!1CÌiOr tris Agreemem. All 5Ir.h ~ shall be màntained on a Qer1BIá!y ~od a:à>U!Úir1g basis and Bh~ be ciaari;' identiéd. COMMOtmr~Trl st...J provide ~ -= 10 he rep¡esentafiyo-s of PARTlCIPANï, 0:- !h,,;;- appoin~, ~ .u:;¡, booI:s and r=.'ÒS. PAR77CIPANT ÆSeM!t 1hB right ID 91<81T1Îne and Bud! w::h books and reør::s and", lI1aI;e Ir.w::ript& 0:- c::pi... of thorn... .."."",,,,,;. COMMOMv-~ ohaIJ aIlOIY ÍI~ or _I WOIk CatE. doc:t.rnor¡ts, ~s, and aclivities reIaIed t!> fhb¡ Agroemem for a period of tiwœ (3) yaa:-s !rem Ihe dallo oi Dna pð)!I>en! under ti1is Agreement In addiiion 10 tile arov. e=ounling r=rds, COMAIONWEAL11I shall meiniain IS>OI!iz¡ Ie sh::>w a::\1.; COSIs for ils Cost of Powa.-. 13. INDBIðNIFJCAlION: At ~ tine shall PAFmCIPANT, in:Iucing its ofii:en, agents and ~, parWIt or lilbsiáa:y coo;any be iable orfor;ed to pay penalties, fees, lints or any oIher sarotion levied against OOMMDNWEALrn Ì7y the .3 - I;~'. ~é~2 : ; - . 5?J~j~.~ .. - ~~:. JG. :~;S :1::·;~1 5!&.'!18 In:>openó<rt SydDm 0;=IUx'. IIz: Calltomla ~ UiIiioo ~ L'" _ 8IeJ¡¡y RsguIabry Canmiosi:x\ a ony olho:' entity... e resull a: any aeIa:fI on tie ¡at d COIJJr.JNWEALTH 11 re¡¡a::s ." ;"'1",.__ of dulies Ial:p.Îrød by Ihiz Agreemad. ~ Itr any _ PAHTT.;/PANi be thd!y - : ony ine, fee or peI>!IIty b)' I1ttf ~ ~ of COtoIIIONW"~1ñ"'S a::tiviIies '......<i.'II tis A;reomtIII, CO/oI.UOMII64LTH wi be iuby 1,"¥",.eibIc fa' ¡IIyIrJOIIt 1he!eaL COIAfONW"'::.Þ.!.'JH..œ œI..-d, ..Jo....~. _1'Ct! PAHTr.:IPANT 1_..'11$$ tnX1\ Iasoes, cIaãns orCDSIs of anykirdcousad a'1IIepod II> bow"""" ~by CQl,llIICJNW""rALTI-rS ~_ adions a ino:tians. 14. INSURANCE: COUtoIONw-t:AL1t/ moll ........ _........;.. ~ iabIIity i___ in øirimurn frm. of $1 øiIicnca:amn:ø one! 53 rñJian "'I!'.goI>. IInII ohoIl1IIÌIIIIIiII ~. _..--... iIourance ... RIQtirød by Calilumlalllw. ~...AL:ìMwi!pnMdepnd øl'kJsInrœlD ~AR1DPANT~åprBI1n øI ~ 15. ASSGNIIEHT: NoitIer COAIMONW'=.J\LTH nor PAif[1;; PANT IIIB)' asoìpn IIi& Aø- wiIi>out !he priD:' wrillen cmsent Of nœ cIhe<. tt _ cansent1D QoOÏ¡¡o.,.d Is mI pNm> _ 15 dIIyz aII<r" wñUan 1BJJlSl1berBftr. IM1iC> conoent wiJj not be 1W8II!D!IIIbIy withhold. Iheo !he pan¡r po..,......;... !he aasiprmolt may ...10.'..... this A¡ reeIDetð. witlxxlt penally or Ii!àlly upon 3D days WIII1en IXIIi:e, pnMdIId Ibal roIrfMONWEA!.1H may lID! IeminaI8 Icr failure of PARTICIPANT II> c:>nsen1 ¡¡ COUMDNW""::AUïrS prq>oœd .....;"..._d aness ÏIS pqmad assìgree is !III ~ -:J ~er. An Established SU¡:Øìør j; åBined... !III enIity I 'uw all of (1) aI recµ.iIe œrtifi:atjons, pemñb¡ and autiJcriljes tD p!!!1orm COMIIOMrrAL7H'S ~ urxIor this ~ (2) a dem...oSbal=:llIaol; re::ord in the pIDYisio¡¡ of eIectri:: powerin<i:a!ive of an IIDiily ID UIY ærImn CO.lAlONW"=A!.7H'S obIig8Ú!mS unœ- this Ag!=Den!. _ (3) a net WDI1h at leas:. lie eq..iwaIenl of ti1a: m CDMMONw:Al...TH'S /IIi of Iha date o! this Agreement. 16. FORŒ MAJEUP.2 Mxœ ~o:n' snail be CIeiire!i a¡; an 8m\! tre. is IIOtwitilin!n!l IæSOnabIe central 0: ti1e "any ciBiming susµom;on ("tn. Ciaimm. ~1, ard Iì1a! by me exs:::ise o! due <ii9B'JCO, me ~ Pa:ty is uneo to OYe:':tme in a conrnert:ialJy re.asonable rnanrJS'" D:' to::ain a cause m be obtainEtci 8 _1.11;:II~1y ~n2Mi& ~ perimnanœ Ineraioc. ønd ...,¡, _ otaI rDI be deemecllD be " doIaIIIt under this A¡¡._.....t. ;:a".. ~ i1I:1"'*. but;. notiimit=:! In; a:: ¡¡ of God;lIœ; wa:;1ÐOd; IIIIItix uaiœ; oiviIlÚI1IIbImœ, ..... '.¡¡e. úiIure rifacili!ies 0.- b...oIwy of macIinety...~ DlpøJIies cIheõ IíIIIn II'e ~pst¡r; ~ aatarmant due" UDC ~ faih.n; deoIaraIion of emergen...,. by me ISOJ?X; I"Ø'tõf ar /øgiBIajive zcian, or aoIíon a I'NIrainl by court cràor or gcMIØIIIIQIÚ!Ì IIUIbority ¡"" IDIII! as Iha CIaning Paz1;y has not ap Ûod ftIr or IISSÌSI8d in Ibo W""'im for, ..,.; hos opposed whcro and k> !he _ ~ ==h p..,._iai ocion}. SI:>eCIficaIy --"'"eel tam Farœ Majeure - m e;...~,,'¡;' hardship _ tD rnartœt c:m:iliono, 1II18tIMr lharcarse. " eHI1er party shåI be ~e to carry cd ¡ny cOiigalion LIIder 1!Jis A¡¡r->ent (oti1er Iim lie cbí¡¡atiœ to Jmke payments) ci.e ID For.:e Ioiajoura, thi. Agr-...loUL simIIlBIÆIin In ~ tut EUà1 á>Ii~ 8hal1 be suspended for Ihe pericd "~i as a rv!>J!! á the Foo:e M!;'e<Ire. P7DYiæd !hat OJ h! CIaini~ Party giveG!he ofher Party prtXTCt 'M1!Ian notice ob.,¡¡ù,,,¡ h! pBlli::ulOIIi oI1he For.:e ~, itt:lu:i.~ but I'Dllimit:d b !he ra1LIe and da1e 0: the ~ and the expe:ia:J åJreIion oj !he ãsabJlI1y; (ii) !he SUIipOnSbn of períamance is or no graaJer t::rç>e anrl CIÍ no brgat OOralion Ihsn i$ requirEd by !he For::e Majeure; and (iii) 1he Ciaimi1g Pa1Y uses c:omrrøIÔåIy Jil8$onabIe afforts to remedy if:¡ jn¡t¡¡li¡y ID pe¡iorm. 17. DEFAULT: Failure by CO/,AMéJNYr::ALTH, ""YaIIiiieœ, parenl ~. parIID' or prin:i;>a! 01 COMMONVrcÆTrl, [] Ihe pe!101J11<11œ of any ctflpalion œcier lhis ~ c:ooslitutøs _It rÉ Ii1is Agreemenl In !he BYBIt CIÍ EUà1 defaLdl in a:tition Ie anyotha'Æm9:iesilmoy have availiiJla by 1ft, PA.l:mC/?ANïmaylBmùna1e lhis Agræmen! at ilS op5cn by MiltOn noli:o> to COMMOMr=A!..T1ó. PÞr.T1C1?ANr sr.a£ a1Iam¡t to pr::IYÍœ 30 cBys nofk:e in 1ta _nl of such t9IT1lina!íoc, but may pm.";:;,, Jess 1X>üœ as it _nes iõ ræs:.œbie Il1ào:' tho ci;::JJnsla:1œs. 1B. Eh'TIRE AGREEMENT: Tni. Agreemenl incIu3ng any ~ibit or S:i>eòuI. hoJeto, ømbociies the enlire Agrwønert æ1d un:io-lSlarång, md ~ all prier Agæ~ts and llÙ4ala..círogs between tne µ¡r1ies VIi1h res¡>9Ct i:> the subjec!. matter herÐo!. iris Agreement may not ba amended ex::ept by writing exe::uœd a.'1:I deIiveIed by the pañi... herem. .y t;~. ~:~~ - " ~:~ ~ :. :::: ::: :·S.L.f ~f.!~:':·.~ 51&'98 ;>Ii:;:" Ienm r;»:if¡ed ¡" IiIi> ~_ Ar. tnelrræån; ere!:2¡a .. '1:1 hn::f::::::nt ~ i'duácd as,a ;m.-: ~ 'his !>IIbg - cbíi¡¡ation. S. ENëJlçy COIIS:IIUPnoN INFOIIMATJOIt: PARTr../PANT..... .-- f:XJWIQNW-::ALTH II> PIIP..Tr.:;t;>ANT>s t!mIn! eM:IIidtr ~.) .. 1m 8IIhoIi!IÍd I1Idpiwt d. PARn:::1PANrS _ _ IÅIØiI:III ~ cas: and ..... dolL PNIDGIPANr 5IaIi pIMde Izùiy " ;..&...... ~daui üL........., and IUÍI Ohør tmJrmatiDTI iMIiabIe Ie> PNmClPANTæ COIIAIOMr"tAL1t/ nll)'/'-od>l, RqJi'e illhe peIf...._.ce ollis omvIœs 1IIœ"!iù Apoa_d Jq hit PAFmCIPANT is COIIIiortebIe powidn¡¡ prnW ed bit such ~ WI! be rNewed and ,,~ unod br SArtJAG pM- to CCIII.ION.¥&tL.1H IIIÖ1 !he II<JIeS! III PART1r::IPANr. Ba:ept as ~ II<IIhodzad br PAJmr;¡pANT II> cisoIooe lid) "'-....... and """"Pt for "'" by SAHDAS far ti1e ptJIpOæ of ~ ~ t:aiwIaIian afi1!; ~ Fee, cot.IIJoNWr=...AL1H BIIdIIDaÍI>Ia01 in _.;.."'" wI!b C?UC rules and ~UI" any and åI su:h ÍIIfDImefion proyíjed by PAFm'::IPANT'S CI.<ImI! eiecbid!¡> ~.) as -~,ii..a,J!e:. c::Jw.I()NMr:ALTH ohoII IrOvjdo œni-annua! CDlIS<Üddd SIIm!IBIy ~ to eech PAR1!CIPANï ~ PARTICIPANT'S hi3Iai:ai IIIImIhIr IID!.'IIIY IISIII I! ¡n AIIingo ~ ""'......ad Ie PX CDsII for ea:h me1e'. A!. no a::i:ilional cœt, PATmC/P~ mft1111S1a1.1ed !ÑIIc! Aooa:ss MeIe:s wi! be m ID viR> and eiecbtmitany tnmbad histDri::a! IID!.'IIIY - æJa thrcugh a œ::ure inbanetaerwron D cBiy bas!scrmae~y, if~ 7. QUJUl7Y: COMMOItIW""rALTH Shall J!DOUrÐ and ¡:mW;e flml eíe:tri: poIMIr ~ b rœ:t !he full enB.-'¡' rawiramentsor PAIm"..JPANT'Sloa:f¡¡; spoojR¡¡áin ~e A. E. =. ,=:::mtED/:,IE:inl<:Agreernatshal; t.,,"-~onJulY1, 1æ::. E. ï:RM 0:" AGP.E3'tENT: This 1\¡ '~.~4 Iiha/; ~"'I~a; an !he efiaoöve oaœ Ie:- e i8:m of one (11 yaa:- i=. L", ao1!! PAif¡¡;PANrtJe¡fm ruœipt of......., irom COMMONw-:ALT.-i, D;' unfil J1IÆ 30. 129£, wii:heve:- ="" ñ:s:. wiÜ1 PA"mC/=-ANrha'oIII>¡¡!he cplitm 10 ""'"'" iJ( IiIe misting Ierm& á!his Agra......~ for u;o Ie ÚIIIr(4) adcilDnai on. yea- P9riocis begjnnjn:¡ on July 1 of """Y)'!Iaf. PARTICIPANT may exer::ioe lis c;>!ion 10 _ by giving IMÎtum nolioe Iheniof ID COMIIIDNVf:ALTH ..tlesl ~(JD) aa¡.;;ñx'lo"'I!'ÍJdfi.... at IiIe ti1!I1 Cllll!!t1l!lm. 10. LOW PRICE: GUARANTEi:: It, ak a! leas:! six (5) monIhs from tile =aculiD/1 af liB ~ Tile Sil1 ~ RøgioœJ Powor PaoI ~ . wriIiaIe 1IIUIan aIñIr ~ an EstaI:iisned St.Øier 10 ..;:py Tne 6rm Dìegc Regiana: FUø- PooI's IÍedrici\Y Bt a œte wtidI Ths San Diego Re¡;rmJ ~ i'ooI beJieIII!S is below tile CDM1JCJNJ!rrALT'rI œiwIrad r.dÐ, then COI4.I4aNWEALm shall have fIi¡;y ~ œ,s fmm noIica af the oIier In eIe:! ID ~ PARl1CI?ANTTh: ~ Diego RIpíDnå "-or ~ !be oIodri::if1 and ~ se:Niœ, i illY. as deIo...ib..d in !he of!eran1=ns eq¡Mient II> !he oIiar. If aklhirty (30) days' notiœ ct!be of!er, COMMoNw-=ALTHhas not 8le::ted r, Miiin¡¡ II> SI+4JIy Ths SiI1 Diego Regiona' Powe:- i':r.i !he ele::tnQty .m services urxier tanns !!CpÏ\Iaent b !he :m=." and The San Diego Regio.-a! Power Prd = Ine mer, Ih91Ihe ?AR.ï/CIPANí ,.¡¡¡ IamIinata 11m Agreement wìIha.t: ;>"..naI1)' or úabi!ity. 11. COIlUUNlCA110NS: All =UI1Îca1ion!: shaI! be Í1 wrilil1¡ and son: Of IieIive!iId In !he a:icnss Ie! fD!fh c:¡::posj¡e !he Pa:týl: sipnatln heret:> ex- => D!her BÖI!ss 0$ may be ~ by W!!1!en n:>IJœ. a1d shall be doemed giV!!J1 W!1eI1 re::eiYad. .2. AUDIT AND lNiPECTlON OF RECORDS; CXJMItIONW"'J.L1H siIIIJ rr.aintain :om;:ûe1e and Dc::uraIe "'='= w;¡;., respe;t t:> !he ~æd Savin"", In~ Samgs, ard Ccs: I1Í ?ower calculBtions u:xier Section :? U!1:Ja: tris ~ All su:h raco:ds shall be mânIzIined on a g....,..¡1J' ~ """""I1fin bæis and shall be ciazri)' i~ COMMOmv-=ALTH $hai! pro>.;do ~ = 10 r-e "'Presenta!íYo..s Œ PARTICIPANT, :r L~sic 3¡JpOÏnœss, to su::h booI<s ax; re:o."d!:. ?AifflCIPANT reservat !he ri~t¡t ID """mine and Bu:it su::/¡ boola; a:-1d ~ ana' I: Jnai;e imns::ripts e:- ~... of them lIS r",""'-II'. COMMOI'l>'r:Al.TrI zIBIl aJ!ovr ÛIS¡)è()t;..., of a¡ IVOrY. Cat!. ÒC>cI.rnB1ts, ~, and activities reIDIed to !his AQII!I!II\en! fer a peri:>:i of nee (3j )'Bars ÚOO1lhe dam á n pIyJnent U11àer !his Ag....",enL In IŒmicn 10 !he aix>¥. a::camling records, COMlJO~:AL TH shall main~ I!O:Ortio to sh:M> a::hJa1 COSIs for ils Cost of Powe:. 13. IHDB>!NlFJCA110H: A!lX) lOne shall PARTICIPANT, in:iuáng its of j::erç, agents and~, parent or &tbsi::is;r cœ;:>Bny be iable o.-Iorœd to pay pena 1ies, lees, finis or art{ other san:::tion IevíBd against COMMDM'r=ALTH by Ii>: - 5 - u 1"" ,;.- - . \... > .' ." '" ~ ~ - n. ... ., ' . < ~. - - '.. ". ' - p' -.. ~ >. ,- -.-. S¡!;!9t 1~_ ~WS, V3£.E, AN:) ATTORNErS p=::~. 1m: AgrMlnBDt shaL ~ irœ~ In G...-..uJølI:e witn trv: iaw: c:' t.-.e S..... of Caflftrnit.. If an)' = to bfOO¡¡1t. to Ìl1ù!<:JIe! 0; elÚ:>:::e a."I ' II:Im of ns A;reeJneJ ~ the a:\::r¡.~ ;;", bmu¢t in · Slate IX' leœlõl! cow: sinIaIe:: ¡, tn. :oumy Ii SIm Die¡¡:¡, Staœ of CaIII:>mia. In Itœ .1M!rt It. any "'--:::1 Iiti;¡atìon be!weer, Ins ~, tho ~ party ..... be enIi1!ed I:> rec:M!r at ~ oosIs ÎrI::I.Irn:::!. ~ ~ 1IIIDrreys'1=. æ cIoDminad by ¡"" ::our. ~ SP.N DetiO R.."GIONAL "OWER POOL PAFm::J?AIIT S9ta:ure kh..£ll~, Si;Jna!¡Jre r-r:. , /___ l I Narn. ~::o gCt.v\", l.iamo Shi riCl\' Horton ÏilJe ,;.." .ó.-/ c:.cZJ ïib~ M2vn- úa~ /<'ì_I_q.g Dë.Œ- Ilunc .23 , egg ~- þ~¡=-= f. !::::h Ave... Li=. ~fisu... :t ~~' 7" =-.: Shvlë \I~~~:- ? _. "-^---.- j~: ~:~~ - - .. .... : ~: :: :1: Õ'.C~ - _. _'.. . ~ _ w 5!".c::'9ö S=¡'eòui~ t. Ele=ni~ Mete."'S 'tD Parti~at~ in Sar. Djeg= R.e;JiDr~! ~we:- ?oo: Lo::ation Ac:::'~# M=# Add= S:T.r,!¡ Chula V·1S1Z. I.ib:1L" 83893:7700 1359Só6 389 Orang= Av:nœ Fir= S:ariOD # 1 244705%5: 1035"'''0 44iF 5'_ HiIitop ParI: 116641£ïCS 945307 782 Hi1hop I..aud:::rbach Co=wriIy Ce.nt=: S2329391G 556731 333 Cdord ì"mtp Station 10731~ 14:10::7 1060 Eas::Laj;:: D:. Ctwlë. "'-= ~Mus=-= 9£.I9:í8230::5 516S;: 360 T.triTè.Av:: l~~ Si~a1 797207:!9'J: IG727~ g(J2 'I1:rinò Avo: T:-affi= Signal ::3231: 7!SJ: !3E-':;"::;79 2G2S 0-",: ::...31:",; Roat 7 -- tìC;. ~~~~ . ..- ---, ~,r. 'r~,~ ·'j.[':'f Sf.KL.',ó c . ;":.:-. .)'.;. ~ = ~:. . -. '.. SI&.'!1E S::iIedule B ~ ""II> - ' 'MDRIbIy!.Dad Fattør: ¡:œ;.-.t.. ¡¡,. !.œd F8dDr CIIÎcI.ÌII18d !or Iì1e )8Iiod r:t a monIh fIIr an ......~ pIQ.Ç>. A¡pegaiI!d MDIIIbIy Lœd FacIor;' œI"""'''' by ~ the _ kWh far all partic:jpoms DI BII~, ~ tho! 1DfaI bJ the - a! h:xn in h ~ III'd Ihc:I> ~ 1hII!..- by Ibo .........4 poå tW far BII ~Å or Iho "ll1I'~' Itrlbo _ JIIOIII ¡, Fa!Mlly moIIr1hat í& aII¡ tiø 11:>...101I:I proIãng. COI4tONWEALm ahoI ~ CaIIÐma PIbIic UIiity CanIrÎIIiCI1ICPUC) ~ IaeId pra l1es pIDIi:iod by San Diego Gs on:! EiecInc ISDG&E ID IhB PAFmCIPANrS actuaIlIICI'IIHy wa. 11IIII& iurlhlll. _ as IIICCItIod by SDG&E 11:> ceIouIaIIo 11IIII rœle:'s domini ftIr IMI)' ..... rllbo peñod. Tho ......."-d hcdiy åIrmin:I mr each meI!Ir w111bøn be ..,¡ in caj¡n:fian wI1h otIuaI hIXIdy ImBrvalIIIIIIenId daIa Ie cakUa1a i1c 2QIII:II I!od ~'s a:incident peak tw. For.,.¡, III!ter rot efJ;Øe 10 uæ load proImg, COMMONIV""t:AL1H shall use ~ rs:aded kWh ~ mr the mcnIh and IlClUlllIIICOIded kW far ea:21 min !h!Imon1hin its ~~;aIIod af\he "!I1J1II!8I=d ¡lftq>'s aitr::Iœu~ demiIIu!. ArnetK':< eligbiljly pes¡ IhanSD kW) II> use Iœd 2IIIIIing io defined by tho C:PUC in D. S7-10.œ5. The 8;'IÇIDWed load pn:diIcs may be found en 1i1e inIBmet II! ~1162.15.~. AppIi:able Tarif!: The OUII!IIIt ar,'''-'-.tPlbít _ or1arilf EOheóJIe cieIaiJiJ1¡¡ ufililynœs, IIJie:¡ and terms r:t seM::a lIm1are filed with and ~ by a IIgJiaImy apemy im( Iorwhioh !h& c::;:t::Im9r is quaJifoeð In abtain servi:e. Cardamia InliependCllt System Operator ICAISOr. Tre onIity ~ far the c;¡e.-alìan and contJt> of fne s:atewiœ iranttnissi:m gtid plnUant 1D ÞiJ 189D. Caf'dttmia Puhli~ \JI¡1iIies ::O_on t=PUC}: T TIe T<I,,,¡jBtc1y e¡ør.;y esa:,;isiEd 10 ragWs1e ptiuamiy own"; UIIT..... an:; to enswe ad::ouaie serviœ tD the pubM:: at rata:; v,f1i..."i'1 ae just 2md I~ Idble b:>11ì to custrœ~ and SÌ'1areto~ of the ufi!itie:. Coot Œ Power. "" d!!!ineoII in S&:tian 2.2 of !Tis Agreement. Dim: A= (l)A): A serriœ eIecIiaI whioh aJiaM¡ I1JSt::Irr= Ie p¡r:taæ tœn¡>eIitiIIe ener¡¡y """"'* fmm non-uIiiIy eriifies 1"".....a:J with 1i1e SIaœ of CaIi!ania 1:ntJwn... :SPs. !Iirect Ac;ess Meœrr. An "'- meI8r fhat corr.,!ieo with CPUC m=- design s¡.eUti...tiun. and is IeCpJired by certain CIJSIDmen¡ Ie p;ñåµaIa In DnctA=s&.. . Tris miller musI mesI CPlJC _ design specilU:ation at the ime á meter ~ I - - _" An InIsrva1 maII!r i: cilfined as E 1œ!Ie:':;aµ¡tIe of IE8!ing and sIDling IIectri: ~on data at spe::iiie:d line ÌII1BnIaIs ct no prsaIer thar¡ one har. as ~ 1:r DirEd. "=sF. seltiement 2I1d data ~ In bill ~ Un: taJifIs. 8ectric Servi::e PTovidor (ëS!'): An enlity whi::iI p;t!Viœs ele::Iric Sel\lCe I:> a re1aiI or end-u:s. cusl<:rne:-, but Wfj:j¡ ooes notla1! within the definilion oj an electriCiOl co:¡xr¡¡tj:m u;1derP\djc Utlilies C:oòe Sec!ion 21S. Eslablis!led Supplier. As defined in Se<:fíoo 15 ri Iìit A JIBemenl FedEt:01 Energy Regula!øry Commission: Tne 1909 rÐgUiatDry ag9nCy res,r..4ìs¡'¡~ f:x- repuIating the a:fivffies of J:s¡' fXriorlS oj !he natioo'. natural ¡¡as uli!ities, ela::iñ:: ufiities, natura! ges pþeline transportation tJilities, and hyti..'O!IIe::írlc power- pro:iJcers. Gu"'ante..å Saving", "" defined in Se:::Iion 2.1 u! t>is Agreement ¡n""""""tai Savine_: "" defiœ~ in &r.tion 2.2 of this Agreement Kilowatt rr.w); Often refeJTed 10 as eleotric demand, Wi is li1e amount u! energy diüwn by a cusmmer at a t:peCitic trn.. Kilowa:t-lrollr (kWh): Eiec!lic: ene!9Y expressed in kiiowatt-hu~ is ~ by m~g Iha ama,r.¡! oj ele:::tri:: ¡>crY\'S' daive:ed (mea.swed in wafis) by Iha ImO\l1! of time OYEr ~ the energy was COI1$IJ!J19d lmeaswed in h:>ws), Kiowa!!s ~.JBi on. tho~sand watt./1oum. M9¡ a\IIiIfts equal a miliDn waf!.l¡0IlS or a1!! thousand IolOVl2tt-lmurt. 8' ----- Attachment 2 May 20, 1999 Mr. Fred Bloom CEO and Chairman Commonwealth Energy Corporation 15991 Red Hill Avenue Tustin, Ca 92780 Re: Renewal of Power Services Agreement Dear Mr. Bloom: The letter constitutes written notice to renew the Commonwealth Energy Power Services Agreement between Commonwealth Energy Corporation and the San Diego Regional Power pool participating agency identified below for an additional one year term starting July 1, 1999. The renewal is subject to the terms and conditions set forth in the Green Power Addendum attached hereto as Exhibit A, and the letter of clarification attached hereto as Exhibit B. All other terms and conditions of the original agreement shall remain in full force and effect. Member Agency Signature: Name of Signator: Mavor Shirlev Horton Name of Agency: City ofChula Vista Cc: Steve Sachs, SANDAG 401 B Street, suite 800 San Diego Ca 92101 9 PJeaJt Mailw SANDAG, 401 B Streer. Suilt 800. Sar: Diego CA 9::!JOJ dlJ Mere Morl~~ ËJ(.+l1 ß IT PI GREEN POWER ADDENDUM This Agr~ment shall be considered an addendum to the agreement entitled Commonwealth Energy Power Services Agreement, by and betw~n Commonwealth Energy Corporation (CEC) and The City of Chula Vista (Member), dated June ~e. 1999 Member wishes to acquire all, or a portion of it's electric energy requirements, served by CEC through the San Diego Association of Governments Power Pool, from sources certified by the Center for Resources Solutions as renewable energy, ("Green Power"), and which is eligible for credits from the California Energy Commission's Renewable Resource Trust Fund. CEC has agreements in place to purchase Green Power from qualified generators and wishes to serve member's accounts listed on the pages attached hereto and made hereby a part of this Agreement, under the following terms and conditions. 1. Member purchase price shall be: San Diego Gas & Electric applicable tariff plus one cent per kWh, less all applicable Energy Commission credits, rebated in advance and incorporated into the bilJ amount. (For example, should the tariff be ten cents for kWh. and the applicable credit is 1.5 cents per kWh, the bilJ would be calculated as follows: ten cents plus one cent minus 1.5 cents for a net bilJed amount of 9.5 cents per kWh.) 2. Member shall have two options regarding the accounts listed on the attached pages, and shall indicate wruch option it chooses by having the signator to this addendum initial within the box preceding the option it chooses. D Option A CEC wilJ monitor the California Energy Commission Renewable Resource Trust Fund account and the kWh consumption and costs for those accounts listed on the attached pages and wilJ automatically switch accounts wruch have reached the maximum allowable savings created by the Renewable Resource Trust Fund credits, and higher than those specified in the Commonwealth Energy Power Services Agreement, back to the standard offer in the Agreement. The switching of an account wilJ occur at the first bilJing cycle after the maximum allowable savings is reached. I Xl Option B Member shall have the right to switch any and all accounts subject to this Agreement back to the standard offer, as outlined in the agreement that this Attachment is made as an addendum, at its sole discretion, with trurty-day written notice, upon the occurrence of either of the following events: a) The California Energy Commission Resource Trust Fund credits are changed from the current level of 1.5 cents per kWh or discontinued; or b) The account has reached its maximum allowable annual credit, if applicable. 10 05/10/99 - 3. All other terms of the original agreement shall be in full force and effect, unless such terms are in conflict with the Attachment A. In such an event, the terms of this Attachment A shall prevail. 4. CEC shall deliver Green Power to Member with generation from the Sonoma Geysers Plants operated by Calphine Corporation and sold to CEC pursuant to an agreement valid from May 1, 1999 through June 30, 2002. Should this supply agreement be in full effect after June 30, 2002, CEC shall either extend its arrangement with Calphine to meet Member's needs, or substitute the power with a similarly qualified power source. The undersigned agree as outlined above. Frederick M. Bloom Member Commonwealth Energy Corporation Name of Signator: Name of Agency: City cf Chula Vista II 05/1 0/99 u_ Attachment 3 ç '¡<.t-+IP->:r-r ~ June 19, 1999 Mr. Fred Bloom CEO and Chainnan Commonwealth Energy Corporation 15991 Red Hill Avenue Tustin Ca 92780 Dear Mr. Bloom, The purpose of this letter is to clarify certain terms of the Commonwealth Energy Power Service Agreements ("Agreements") entered into between Commonwealth Corporation ("Commonwealth") and the various San Diego Regional Power Pool participants (each a "Participant"). Section 1 of the Agreement contains a provision that reads as follows: P/Œ.TICIP ANT shall keep COMMONWEALTH apprised of other energy cost reduction options it may pursue and shall forward to COMMONWEALTH any proposals rrom any other sources that may lead to a reduction in PAR TI CIP ANT'S electricity supply procurement. Commonwealth agrees that this obligation applies only to energy cost reduction options and proposals for meters specifically covered by the Agreement. In addition, with respect to any Participant meters, whether covered by the Agreement or not, in the event that a Participant solicits bids for energy proposals, or receives unsolicited energy proposals, such proposals may be kept confidential by the Participant to extent required by the Participant's solicitation process or by the party submitting the proposal. Sincerely, Mayor Shirley Horton I~ - JUn.24.¡9ill:05AM' r-No. 8046:/oz P. 2/2 ~. - . -- COMMONWI!AL TH 15gSill1 A£o I1n,,1. AYE" SUITE 201 "TUSTIN. CPo 92780· BOO.5"'Z.46~5. 714.Z58.0470'" FA" 714.25e,04BO r IE::; T _ ,- _' ·,II'j" Þ1TTP·}l\oIy.IW.PO'rf"R'Sa"¡~S .1:0,,", June 23. 1999 via Facsimile 1&19)595-5305 , Mark Morley San Diego Association of Govemment Re: Commonwealth Energy Corporation. Power Services Agreement Dear Mr. Morley: This will mnfirm our discussion regarding the request by the City of Chula Vi!?ta to alter the Power Pool Agreement Þe!Welin SANDAG end Commonwealth Energy Corp. by permitting a participant to solicit bids for energy and yet retain the right to shop that against !he power pool price. As you know, the Master Regional Power Pool Service Agreement requires that Commonwealth Energy Corp. offer its most favorable price to all particiPants who can accept the pricing. Since different participants have dÎffeÆ1t loads and usage, etc., pricing is problematIc since some accounts ~ill not be prof!table bI4 t/'le aggregate of the ac:counts makes the pricing possible or feasible, However, pooling the accounts for the benefit of the lowest poSSible price'that must be offered to all participants becomes difficult if another electricity provider can select certain accounts without being obligatBd to offer that same price t~ all partieipants in the pool. It appears thaI a participant which takes the .benefits of the pooling arrangement should remain subject to the clause in Section 1, or opt out of the pooling arrangement but in such event should not have the option to both shop the price separately and to also be a part of the pool. , This will also mnfirm t/'tat since the issue is raised by Cl'tula Vista which has only four meters, it is not a significant problem to wail/'e the clause in question only as to Chula Vista. Please call me as we want to resolve this matter In a way that is acceptable to SANDAG. Sincerely, ~~ IARlh::.m c.LIF'OIllI\lIA'S NI.\oot CIojOIC.E FO. POW.R 13 ATTACHMENT TO GREEN POWER ADDENDUM Member Agency Accounts tl' be Serviced with Green Power Member Agency Name: City of Chula Vista Date: 6/29/99 ŒJ All San Diego Regional Power Pool Accounts. D Only the Following Accounts: Account # Meter # Rate Meter Address Facilitv Meters alreadv in Pool: 8389317700 1359866 389 Orange Ave South Chula Vista Library 2447069652 1035220 447 F St. Fire Station # I 1166418703 945307 782 Hilltop Hilltop Park 823293103 556731 333 Oxford Lauderbach Center 1073169259 1411027 (A) 1060 Eastlake Pump station 7971825945 516815 360 Third Avenue Heritage Museum 797207402 1072784 (A TC) 802 Third Ave Traffic Signal 3323122955 1365479 (ATC) 2028 Otay Lakes Traffic Signal Additional Meters: 4968563951 0796582 (A) 691 Otay Valley Animal Shelter 3678122803 1184109 (A) 760 E Street Trolley Station 3572194607 1568308 (AL TOU) 261 Guava St Building Maintenance 0919019 (A) 374 Parkway Parkway Center 6694222301 1270093 (A- TC) 774 H St Traffic Signal 1465145 (A) 975 Lane St All small meters on attachment < 50 kWh /'1- ~~~~;,~~~g~gSi~g~~~~~~¡~~=~m~~gs~~~ i+~ ri~~~~~ONOm~.MÓMÑÑm~~M.Ñ~~~~MM.~ÓmMm .~~ N~~N~NN~~~~~~N~~~MN~~O~~~~~~~MMMOO~ :::J _= 'i"~ f")~ N~ ~ C'r!. 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"<t "<t.... ~~=~ N~~~~~~N~=CN ~~~ ~~! ~~~~~~~~~~~~~~~~s~ ~!~ ~=~~ M~~~~~~~~~~~N~~=M= ~:; ~~~E =MMM~~~~~~~~~~~N~C -_ ~~M~ ~~~~~~NNNNNNNNNCN~ ~ Z ~~~~ ~~~~~~~~~~~~~~~~~~ ~==~ .,,)y - ------ A Tï ACHMENT 4 Global Green USA Chub Vista Green Power Education Proposal for Limited 2 MonthCampaign Staff Costs Part-time Management for twò months S1500 Part-time Organizer for two months SI000 Travel S 750 Total S3,250 Switch Mailer for Residents This·would be a redesign of Global Green's Santa Monica mailer for Chula Vista. Writing $ 500 Design Costs .$ 700 Printing Costs 20 cents per pie::e Postage 1 1 cents per pie::e Addresses 5 cents per pIece MaiJ house 5 cents per piece Option A Mail to 40,000 homes $17,600 OptionB Mail to 20,000 homes $ 9,400 Option C Mail Twice to 20,000 homes $17,600 Business Mailer . Writing $ 500 Design Costs $1.500 Printing Costs 20 cents per piece Postage ] I cents per piece Business Addresses 5 cents per address Mai House 5 cents per piece Total for 5000 Businesses $4,050 Community Or2'anization Letter Writing and Design $ 300 Primin!! & Posta!!e for 200 $ 84 Total $ 384 Office. Expenses (phone, fax, supplies, etc,) $1,000 Budget Tòtal . $26,284 (2 mailings to 20000 homes) I 02S- ~ 310 394 7750; 06/22/99 5: 13PM; #656; pa~_¿D_.._~.,_._ Sent by: GLOBAL GREEN USA .. ,--."..,..!;=.:...:-~.:;;.~.;::-.:';-~~.'="""":.~~-: :::.:.;;.t~:... -·7::ú:.:~::;:;.:¡ RecIU,V4dl B/:i!:2/Qg 3!aePMi 918 ........7 2....0 ~ ~ QLOI!AL QREEN USA; Pac.. :2 JUN.,Z2,l999 2:21PM V.1WA ,.. CEERT CEN'TRA... NO, sea P.2/Z RenllWBble ~nergy Marketing Board U12 "Iw S1reet SU/t8 380 SIII:nII11IIIIto. CA 95814 916-448-9499 JIIne 22, 1999 Ma, Barbara Bmnberger VIA PACSIMILE BI1vi-~1II1 Reso_ Maul=' ~otChula Vis1a -...., .,~..-.,., 27& Fourth A_ ¡::I,..-, ., f-I' T.h~,V~CA9fIJI0 1)1':,1;' .,-,,- c' .' ':' -: ~ 'I " . ::-:.... ~1 ;"!:-,~'. -7-C-C" Dear Ma. BIIIIberþr. OIl bobaIf of1be Renewable ~ø:r ~ Boon:! (RBMB), lam writÎI1S to ~ Üdrodugc tho Cl1¡y ofChula V1llt& to ClUl'cqa ea1ÍaD and IIKJII'UII øur daJirht,.,¡jh t:bc city's iDfcrefI; in tbB þOWÎQJ ' ..- poweJ IIIO"Cllleat ia Ç.I ~,. 1be ltEMB 'M ~ ia t!lts ... II ggllahorative effort by fe:lleWllble (JeIII!ntm. J1!IIeWabIe nwIœtars. 81I411011-pJO:tit en~ arpn;-tiØJ31 to WhIm ~ of1!æ ¡n¡bIio IZId privaID ""uefi ø of-.ble eI1cqy I'I!IOurOOi IIICI ~ &rœD po'IIU' optiou pQCrioøUy. ~, 1I1e REMB WllBaW8!ded.. eooIraGt with the ~lifŸwhl. Boergy ComnIiaiCll1 lID "'¡"'¡"'''tct t:bc I'Iafo publie educatiOl1 propam an tbo DCW' grem power mmbt. AI pitt of 1bú ! public td>._,,~ dart., !be R&m baa t:..··..-ifwd ID .... iD ¡I8I1rI<nhip ovith VllriMll B1:abboJdoon in by ~ fbroucbaut c.Jifunúa. 'Ibia partnrnbip II:rIW¡y will aDow UI to tov.r.p ~ fram both tha public IIIId prlYÚl; leCtor and ~ outreaoh .ffotta to Ø8I1InI cr.IlJ~;..,."Y mid ..:tfecti.VIIUŒ, Chula Vista's aatian on bcbaI£ of ørc= power is ""'nomIratin¡ durt local ..,...._18 CIII taIœ 111. lead iD lo1\>Ï11£ IICIIIIð ofdse key IDVÚœIIIeu.1a1 iHuts of our~. Based em the c1ty's lead.nbip, we believe CJ¡¡¡J. VIata fa an idad ellillllmlDiQ- to øouduot OJ¡nadl an tile _ abilil)' of ci1izea& to dect Iœy eœr¡y POlicies 1>14 p"-.t.. 0IlVitnp1111'111111 !Ik.¡...u~ 1:\1rousÀ their .' elaalriøity!n¡ymg decisiœs. We Ihen£œe offc:r lID WOIk with th8 city to establi.&. a ¡rem power .. ptlblic ...."uoot pmsram fæ Ch\¡la VÌ8Ia müzaa IIIId _ ¡np&red þ matDh eliI)' fImdiD¡ of IIIOh a Jll'Qgmn, daI1ar tbr dolbIr, DOt to IIXCIOCd $15,000. The REMB looks fOrward to 'III0t1dD¡ With tile Cfty of ChuJa ViIÞI m nInDâDg thð troDIi1jœ¡ ID ~.i a Q c;lIII, 1'CIIe'IOIIb1c eaeqy AIturc for III Camlw"i>q s, ~ È;~ 'lab ~ ~' ~ .' RBMB Î ~da . ~lo BnrIr£y ~Ecbœatiœ Ceoapaisa r,t:i ,. - ,~ o.2þ r,:~ Þ -.,,,--" \,\'herJever you fiip an electric switch you have a negative impact on the envi ran ment. Elec:rici:y Generation tS: - . r,~ ~'~:':'': ~''::::~':~: ~:J~':-,: :::' ø" ~'~ ~'.;~' '. "._ _,r..~,:":: ::':~:':"~. -;-:.'-" :._:..,:; . :,.".-. :'-':":' ~',:: ",':':::; ..... .. ,r,,: :;:'':¡;:'::;'~ ~".~.~' ';":.~,:,,:.;~:~,. ,;",':: ::c:... ';" _.;',,: ::-_.:;',::': ::;;.:.':": .r_::- _=.:: ::::.:;:-. :::..::,: ;"',:;"- ",':"'::::':' :.,....:::. ~::.....:' ::...:'~':~: ':''::::~'::;:\ ,r.:-,..~~ :':':f'':'¡!:.lJ' '.:,- ..... :':J,;";:"':: ':,.:,~. ~"':':':' ~..::' <I:. :::..;,. '¿'-: ~~:. ',;¡:; :0;', ~':$:.~",.,:: ;..':::,: ....:;..... '::'::::": '!.\-S:':rr'!~_ Cine :ø:IIO":-:I~ v><!~1': P'''':::..: :.¡~ ',..:::':.... :;.;,.~::. " - " ' .. . - . - .: . :. . . But now you have a choice. You can purchase your electricity from clean renewable sources including: - . ~i.' .. '" ...~ "\.....¡ ..~~~ . /6; {~? .-'.. . .. - . .,. ., .-....-- ...... So join the businesses and people of Santa Monica and California who have already switched: AirTouch Cellular Pata91?nia .' . Motor Sales - Toyota , ïhe 7:Jiio\^,ing '-"=-1'1 c:ec::--¡,:::V ::Jroo CJ cs 2re oro\/i :J~.j oy . '--'\ es:aQ:;sned e!-=:::iC cDmp3nles whicn ::;T'-:: cer:I¡I:::::: 0\1 :n-= ---"":"þ ~~=-'- and '" ;JCJbiic: ¡ r::ereST orga:1¡za:::lon. ~ ....r.;.' :'::-'::.a~·, ::;~ :-~:::'~': ~... :::~:'.'.::~ :~~ :'c:~': :.." :'. ~':".'..~ .;:;_ !'":I\", .=~.~ .:.. v'::_ ~'::"=::: :: ::: IOO~ ", . for tn~ GI"~r>-f: C!~:: ..::._ ::-2~ ~~ "...;.': \'::~ Z',: :J"":""!'"::::' =...ã.::·, =:"1\':'o~-,,:"~:¡¡',, ",~~=:-. =,'::::-:::::. ::.:::.:....:-:: ;-:=.~ E'~ :"'!': ç:'~r -:,=~.,::::\- O~C::::....:ê~ <;..~.;¿o~=:: :"'0:: '=s.::::-:~:¿' a--::; :::.:s,"'=ss-:s:;" :"'!': :-.:. ::- :'2"'::" :.":J"'!;::-ë ¿-.:' ,,¡¡¡\~ ~':: :"'!': G~~r,--: =-V:'::-:~=!'",:a :::,.;;a;::,' 5:,,"':::2":::::' ~~ :arttu.ou~ 50 5o:m r:n'=W"OI'= ':n,:rg" s.our~. M.v,:raç¡,= f-:sic,:n: wi!! :;:¡av aDD;;: 57..:;:; mor,: a ~O:"1'[~. Earthsoura: 100 1::>~ n:n,=wat:ll,: :~'='gy soure""--S. Av-:rag= f'=!>i:::=n: w;!; oay DOO;;: 5-,6.90 mor': a m:::~::-.. Earthsour~ 200Cï 1~ f!=n~wabl~ ~n~"'gy sour~s< with 100r0 from n~w sourc=s.. A~~a9~ r~ìo~n~ wili :;;3V ;.mou: £18.70 ma~~ é: montT'.. Cont:¡u:t 1 -888-93-EARTH (1 -888-933-2784) http://www.earthsour~c:om - .- -~,~,~ - 75% Renewabl~ Product A: i~2st 75% r~n~w2D¡~ en~rºy SDurc:-....s.. .lo.~~aº~ r~ìc:i::nt wil! ca\.' aODU: $6.60 mor~ .;;: momh. Wind for th~ Future· 1CGb from n~VI." win::, 75DJt. toea: '::n,=:,waol'=:' '=:'n,=:,rgy sourc,=:,s. A\.''=:'~a;:~ ~,=:,s¡c,=:,n: wi!, ::;;3\' ,z:J:;):":: $1",.:;5 mo~~.;;: rr.o~:!'"". Conuct: 1-888-246-6730 http://www.ctJoos~wis~ly.com ~6; EarthChoi~ 100 :'.7;;1: 1DJDr:, 07' va;.:· '=:':~::'i:::" 'S c'='.,'=:'~.;;::'=:':; ;'·0..... r'=:''''=:'\'..¡a'~ :>:>Vo''=:'~ ..:....,o'=:'"õ:::: ''=:'Si'::=--:~ '..,' ;:;<õ\' 20:;1...;: S:-.ë: ~=.~ é: ...."J";:,.-.. ËarthChoi~ sOOro . . :'.: ~=2S: 5~ ::;~ V::;"';" ~,=::r::;:\ " C~",='2:~:: "r:;)_ ''='''',=,v'-2a,~ :;)='V.''=:'· ..:....'·='2C<:: ''=:';,'C'=:'~- ;:;ë, ¡;'JO:':~ ~::~:: _::-r".' <, -:::~,:~ . . Con':õil:.:'::; 1-S77-WE-Fi-GREEN; ¡,':"I:t:;llww......~a:"'t¡,c¡,oi~_com ~~ç>.EÌlyIlOEs Clean Choi~ 50 5~ r'=:'...'=:'....,;¡?t'=:' ,=:,,,,=:,r:;;', sa...;':'=:'; ':"\,''='~¡;9'=:' ''=:'S'::'=:'-: W'" ;:;';¡v a?':)...-~ ::= "'"'1':"-:= .. ...-::;1--::...., Cl~an Choì~ 100· jO~ ',=:,n'=:'waal= '=:':'1,=:,'g,. sa..irc-:=s. v,·::~ ::5Cr.: ":'~D'T' n=.... so:..:rc'=:'s, ..:....v=~¡;;:-:= "=Slo-:=-n: wil :;2'. ';;::10;;: S~: '":"':~~"=:' E ....2-:~ Contact: (888) 743-i 700 or I1ttp;llwww.pg~~s..c:omlr~sìd~nt:¡al/chD¡~,html Fo,.. Mor~ Information call 1 -877-2GOGREEN or visit th~ Global Gr~~n w~b sit~ _ww.90gr~~npDW~"'.D"'9 switch to green. power - .......~';~':: ~.:::,:;:.'::.'.:::::::;.:'..::; ::': ;':-~":,";-,. -c>2 7 -- _Ó1~~~~" with your monthly electricity check You can help build a clean energy future. · It's Simple · It's Easy · It's Green I By Ph_one or Online I N331::!909Z-LLB ·~Jmr¡!~r~;'!'::J"!' 6JO-J;;}MOdU;;};;}J606-MMM >:m ..nló.twlJ~ ~IO!'U'~S"S ;m:;J;¡ 01 ëUI~~OM ~~ilu,:, <;C~ ~_ :;,,~';:;-!!":::J!';;;' ~D':!':",!,:::';C '!'l:":;¡WUOJ'^"';"!'YO:;!';. '<;''''sn''~·~'!'O:J'::· 009E-L6rG6 \'J -;.;JI~" ~~S UlliiW w.nOS <J09 L ·!'UO!1e-.J. ~JuISsa.-:=-!) ( JI"'DIU~';;!::!J.I' ~ S n N33J:1!) :1): ·IN ¡Ll,l.Jildl 1..,S01!) -:: "!re\IJIO U~S f...,. 0". ¡~,Jsn¡ '~O:WW¿-IIDN RESOLUTION NO. J7'¿:JtC - RESOLUTION OF THE' CITY COUNCIL OF THE CITY OF CHULA VISTA DIP.ECTING STAFF TO DEVELOP AN EDUCATION PROGRAM..FOR C":IDLA VISTA RESIDENTS ON UTILITY DEREGULATION, CONSUMER CHOICE, AND CARBON DIOXIDE EMISSIONS; AND DIRECTING STAFF TO ACT AS A CONDUIT TO RES IDENTS; OFFERING VALUE-ADDED INFORMATION SERVICE REGARDING ELECTRICITY CHOICES AVAILABLE TO CONSUMERS, SPECIFICALLY RELATING TO GREEN POWER WHEREAS, local gove=ments around the State are beginning to recognize that there may be a role to play in the quickly changing utility market to provide 'value-added' service to its residents during this transition; and WHEREAS, Chula Vista residents and businesses now have a choice in selecting a preferred energy provider due to the newly opened market; and WHEREAS , however, many residents are unsure of the process for switching to another energy provider, may be unaware of the options available, or may look for specific environmental or cost benefits by switching providers; and WHEREAS, over the past few months, staff has met with a number of Califo=ia cities involved with the International Council of Local Environmental Initiatives (ICLEI) Cities for Climate Protection Campaign; and WHEREAS I these meetings brought together city staff interested in assisting and educating its residents/consumers on electrici ty··choices now available; specifically relating'· to residential energy providers which deliver clean energy; and WHEREAS, these cities hope to accomplish such educational efforts by coordinating to disseminate materials which provide an objective list of companies offering 'green power', based upon the State of Califo=ia's definition of renewable energy; and WHEREAS, staff recommends that Council authorize staff to develop objective educational materials for distribution to Chula Vista residents on energy providers offering non-carbon intensive energy. NOW, TrlEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby direct staff to develop an education program for Chula Vista residents on utility Håe::-egulation, consumer choice, and carbon åioxide emissions 1 - SO - 3~ IT :u7.THER ?~SOLVED that staff is directeà to act as a conduit to resiàents by offering value-added information service regarding electricity choices available to consumers, specifically relating to green power. Presented by Approved as to form by .. .. 't 3arbara Bamberger, Environmental Attorney Resource Manager c: \=s\u:.i.lit:y.edu -- - 2 3/ - hl«, hrn>(r+ 5 ·--c == _ R, - -". "_.__-_____. ._ _ ._''_ _ _ , --'u..", _I '"" ž. Þ~1;~,,;,,~ ,;:-' " -'"-"- ~. "-<r-~:. I 'JJ <' Hmmn i~ " '""'ª'Ô:" :,...;' c _ . _ . . . . . . I '-' -, :~~~~~_='~=''7 _ _ " = ,~ - . ~" =-~~§-~;~~1i; " \;j => - .. - !":. - !':: - - - ~ ~~, m-~Ø --Ul~ (j) .-- ~ Z~~ë;{- (;~~ ) ;:9~~::,- :. -===,.=. :;:.~=-~~ m - t":t":_. . ._____ ~ !:::B~> ~ ~~} ~ I ~i ¡ ~ t -J ~o r.> ---,.., .r:''''r: - 0 ~ ~šëJ ¡at m~H ~~ ~~8 ~ - r: - r: _. _ t": ... ,_ ~ ;~~~ ~~~::--~ ~ ~ ~ ;:: :. =.: :. f== := r:. !:...:. _ =." = c:: :.: .= d=~.=; =-..::-__~_ ~- Attachment B San Diego ,. O}WC ( April 14, 1999 Fact Sheet on Renewable ("Green") Power The San Diego Regional Energy Office has prepared this report on renewable energy for the San Diego Regional Power Pool participants. The purpose of the report is to provide a better understanding of the issues to be considered while evaluating renewable or "green' power options. Commonwealth Energy Corporation, the Power Pool's energy service provider, recently submitted a green power purchase option for· consideration by the Power Pool's members. Elecmc industry Restructuring, Choice and Renewable Energy California's S22 billion electric industry restructuring has provided the customer with important ~hoiœs Witt1 respect to their provider and source of electricity. With t'lis choice comes t,e ability to infiuence the source of electricity production, parti::ulariy with respect to environmental impacts of power supply. The evolution of this "customer--driven" market provides aggregated customer groups, such as the San Diego Regional Power Pool, a unique opportunity to affect positive changes on industry behavior by choosing cleaner, less-polluting renewable, or "green' sources of electric power. Market power can provide the necessary demand to significantly infiuence the increased rate of development and supply of renewable power. Definition of Renewable Energy Renewable energy sources are either continuously supplíed (such as sunlight), or tap inexhaustible resources (such as in geothermal, landfill gas or hyrdoelectric). In contrast, fossil fuels form relatively slowly in comparison to consumption. Coal, natural gas and oil rely on a finite resource supply that may eventually be exhausted. In addition, these sources are more polluting when used to produce electricity. The California Energy Commission defines eligible renewable energy as geothermal, small hydroelectric (30MW or smaller), solar thermal, GoothcmW pJams similar to those in openIIion inNor1hcm photovoltaic, wind and biomass. Non- California and !he I:mpc:riaI Va1Icy. Eight ¡>OWe' phm!s at !he renewable sources of energy include coal, Salton Sea no"" supply 235 MW of po"""" to sou1hcm California. large hydroelectric, oil, natural gas and nuclear. 5 33 ---- -"- _.-.- Commonwealt'1 Energy's green power purchase o;:>tion ;s su;:>;:>lied by geot"ermal power from ;:>Iants similar to t'1ose shown in t'1e photo at right Geothermal power plants take advantage of a natural, clean energy sourœ-heat from the Earth's interior-to produce electricity. Under the right geological conditions, the Earth's heat collects in large underground reservoirs of steam or hot water. This energy is tapped by drilling wells into the reservoirs and piping the steam or hot water to power plants, which convert the heat to electricity. "System Power vs. Green Power" POWER CONTENT LABEL The California Energy Commission has developed a "Power Content Laber· t'1at enables customers to I I compare and evaluate green ene.rgy _ BionIIISs &. _ 2% I offenngs. The current contract with _ GeotiIenœl I 5% I Commonwealt'1 dehvers the same _ Small hydroe!eœic I 2% I 2% traditional "system" power ~at is _ SoI8r I <1% I <1% typically provided by SDG~= . _ Wmd I 1% ! 1%, (procu~d tnrough the C':!.ITOmla. Coal I 21% I 21% I Power t=Xcnange [?X]). I he current Large Hydroeledr\:: I 23% I 23% mix of PX energy resources is NaIwaI Gal I 3O'Jó I 30".. exhibited in the Power Content Label. NucIe' I 15% I 15% In contrast, Commonwealth's offering Other I <1% I <1% would show 1DD% Geothermal. TataI I 100% I 100% 'O%åSDG&E"'-" opoc:bIy~tániúöØ - In spite of the changes within the E ~ utility industry over the last few Years - p.,-~ 8/8 _..ø.d orn.ooIIy by RIO CIIiI:Inio. Enorgy I c.....I~1 besIiId on the ekK:bicIty -*::I to CBM:JrrR axmmers the electric utirlty system has always .mçRlOpnMcusyeat favored conventional fossil fuels for Fa opociIi: ........., abcuI!hIs .', : 1."*1- prt:ÓICt, conI!oCt power generation over renewable San Diogo Gas &. 3odric. Fa gorøS ¡,~"....., abcuIlho . . __ CaIIIIn! I.JDa!. ccntacttflo CIIiI:Inio. EnoIgy eo.,..~, resource options. However, barriers 1!I!1~~cr~ to renewable energy persist For example, although efficiency and renewable energy technologies are often less expensive on a life-cycle basis, their up-front costs are typically higher, and thus present a barrier to most customers. The Benefits of Renewable Energy The benefits of renewable energy are signiñcant. The following is a brief discussion of t'le primary benefits: 1. Renewable energy reduces negative impacts of power production on the environment. Renewable energy minimizes, and in some cases eliminates, negative environmental impacts of eiectric generation. The production of conventional, fossil fuel-based energy a=unts for the majority of air pollution and is the primary source of greenhouse gases. Coal-fired power plants 6 3~ emit mDst Df this pDllutiD"'. Even thDugh there are nD coal plants in the San DiegD reg;:'",. Dver 20% Df the CalifDrnia electricity supply is generated by coal and Dver 50% from fDssil fuels. Electricity generation is responsible for approximately 80% of carbon dioxide emissions, 70% of sulfur dioxide emissions, 33% of nitrogen oxide emissions, 23% of mercury emissions, and 23% of direct emissions of airborne particulates'. As a result of the emissions, smog forms when nitrogen oxides and reactive organic gases combine, especially Dn warm, still days. SmDg causes crop, forest, and property damage. Sulfur diDxide and nitrogen Dxides both combine with water in the atmosphere to create acid rain, which acidifies soils and waters, producing negative impacts on plants, fish, and the animals. CarbDn diDxide emissions are primary source Df greenhouse gas emissions, which are attributed to glDbal warming. The effects of global warming are uncertain, but they potentially include disruptiDn of global weather patterns and ecosystems, flooding, severe stDrms, and droughts. Decreasing environmental impacts and CDsts through the use of renewable energy technDlogies will save mDney and help preserve and sustain our natural resources for future generations. With the passage of the Clean Air Act Amendments in 1990, the U.S. Environmental Protection Agency (EPA) initiated tighter controls on power-plant emissions of sulfur dioxide, which is the prime cause of acid rain. Geothermal plants emit less than 1 % of the carbon dioxide of fossil- fuel power plants'. Geothermal power plants are particularly well suited to meet the E?Ä requirements for clean air because they emit no nitrogen oxides and very low amoums of sulfur dioxide. Many plants can reduce air emissions to zero. 2. Renewable energy prDmDtes the use Df secure, indigenDus, and replenish able natural resDurces and enhances business and ecDnomic development Eighty percent of every dollar spent on non-indigenous electricity is expDrted out of the local economy. In addition, the greater the reliance on non-inåigenous generation resources, the less secure the generation supply (e.g., during natural disasters). Three examples of economic benefits of renewable energy include: · Decreasing our nation's dependence on oil impons saves money and enhances national security; · A vDiding the environmental costs Df fossil-fueled energy sources saves money; and · Business growth surrounding the development and sales - domestic and international - of renewable energy technologies, generates income and jobs. The Drawback of Renewable Energy The major drawback to renewable energy is the cost premium which generally ranges from 5 to 30 percent, depending on the technDIDgy, and whether the source is existing or new. Many argue that the higher cost is justified by the avoided envir:::>nmental costs, reduced financial risks such as future regulatiDns, taxes on greenhouse gases, and price fluctuations associated with fossil fuels. , Energy Information Administration, 'State Electricity Profiles', DO:í:1A-0629, March 1999. 2 U.S. Department of Energy (DOE), National Renewable Energy Laboratory (NREL). 3r 7 - >---.- In the Commonwealth Energy offering, incentive funds provided by the California Energy Commission' exceed the cost premium of the geothermal power, therefor, the net cost is less than conventional system power. Reliability of Renewable Energy From the perspective of the Regional Power Pool, the reliability of electric service is a w;mn3~ps.s. to P.ay for function of the distribution system, not the Rt:nC'~abjy Gt>neraled Elertnc.lty generation source. Regardless of the energy 1so provider or the type electricity purchased, the It 40~ distribution of electricity will continue to be managed by SDG&E with oversight from the :0 California Public Utilities Commission. ! ~30 :¡¡: !~ 2D Public Support of Renewable ~~ ;:¡ 10 Energy ¡~ ~..... T.... 't",,'r'Jri, ~...... TÞ9i"".... Recent surveys indicate that a large segment ; I p-- of the population recognizes the benefits of renewable energy and are willing to pay a Resui""..s of recent surveys incii:::ating the wiliingness to premium. pay a premium for renewable energy. The Significance of Electricity Choice Historically, local government agencies have been accountable to their constituents on a variety of utility decisions that effect the community and its quality of life. These decisions range from waste collection and sewage to water distribution and storage. City and County governrnent officials evaluate the consequences of these decisions and their effect on their communities, particularty where environmental impacts are concerned. Government agencies have not historically been involved with electricity as a commodity. Uke most products, electricity consumers don't connect their purchase of electricity to i+.s environmental impacts. In many cases the impacts are outside the boundaries of the agencies so it does not appear to be a local issue. The issue of choice presents San Diego regional public agencies with a chance to influence clean air and future energy options. The choice of renewable energy is consistent with the policies set forth in the Reoional Enerov Plan. If you have any questions on this report, would like assistance during your deliberations regarding the green power offering, or if you would like more information on renewable energy or other means to supply loads from renewable energy (e.g., on-site solar photovoltaics), please do not hesitate to call the Regional Energy Office at (ô19) S95-SÔ30. ~ The source of renewable energy incentives is the A3 1890 ·public goods· surcharge on all electric customer bills. 8 3Þ - -.--.-..---.--..- ~f\.J\ (., OQOOOOCOOCNO~~oOO ~ OO~ ~ .. ONcøOO(ØlDcøcøcacøO»....O....OON. ... 0....('0).... ~+g ..................¡... ~+'" ... . ..1" =rø~~;Q~:gR~q::;:::~~~""'G)~: ..i~ ~: I ~ = )Ie - ,...... 0 N 0 C") cø .... co fÐ m 10 N N..... co", ~ :::II _ ...,.. Ø) N Os _..CD 5: wi''; Ñ ø; Ñ M Ñ ë.,;..; ~.,.: ar ør f!Ô .f'; ~ 0 ~ _..CD i Iff 1tJ" ...; wi - ~ NØ)Ø)....MNNN,..·'·..'-... --- ;!;! 't"" ~ ~ j I : "' .. "' .. ø ... ... .. .,. .. ... .. tit- tit- ...&It-:' ~ ! j I. ... ...... ... 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I-I->J! u-Ìo-Ì~~L~I.¡JI.¡JCI:J:I:~o::mmo::~~ ~ ~~o~ ...J~b::~ZZ~~QI>-QuOO...J -0:: V c ¡::::¡::::s ~~~~55~~ffio~0::~~~~~g ~ ~~~ O::O::~O::OO:J:JZWI.¡JZZZz ...JW ... :it:~_ ° c::I Ic::Il.¡Jl.¡JU U_O:::I: >-< >->-U) <I- CU V)U)U U~.....~O::O::~O'>~.....UUu)UU~U~ - øoo~ N~""'I,I")~lOm~øo""'m~~ø.....oo~ ~ ~~~ ffi~~~;:=~~~ffl~~m~~~~~~ -= ~~~ ~~ ~ N~~~~~~N~=ON ~...t ~~! ~~~~~~~~.~=~=~..~~ ~~~ ~=~~ NNNN~~~~O~N.~NONO~ u~E N~~E ~~~~~~~~~~~~N~~=~= ~.~= ~o~ =~~~~~...~~~~~~N~Q - ~~~~ ~~~~~~NNNNNNNNNON~ W Z ~~~~ ~~~~~~~~~~~~~~~~~~ ~oo. ~7 COUNCIL AGENDA STATEMENT Item /3 Meeting Date 6/29//99 ITEM TITLE: Resolution J.7.5Í' t Appropriating Funds rrom the Otay Valley Road Assessment District 90-2 Construction Fund to the Otay Valley Road Widening Capital Project for project related costs SUBMITTED BY: Director of Public Work~ REVIEWED BY: City Managerj~o/ (4/5ths Vote: Yes...x.. No-.J The City Council approved the formation of Assessment District 90-2 (Otay Valley Road) on June 23, 1992, for the purpose of funding the road widening and other improvements rrom I-80S to 1,200 feet east of Nirvana Avenue. Other funding sources were also used on this project. The construction work was completed a few years ago; however, the contractor on the project, Granite Construction, sued the City and the settlement was just reached in December, 1998. Four hundred thousand dollars was paid rrom funds remaining in the road widening capital project balance, including Assessment District funds. Those funds had been set aside for implementation of environmental mitigation requirements, including the purchase of 6.6 acres of wetlands, for a total of 12.66 acres of mitigation property. It is proposed that District funds can be used to reimburse the General Fund for staff costs associated with the lawsuit and pay the settlement cost. The current Assessment District fund balance is $1.26 million. RECOMMENDATION: That the City Council adopt the resolution appropriating $619,655.12 rrom the available balance in the Otay Valley Road 90-2 Construction Fund to the Otay Valley Road CIP Project, including $450,000 for environmental mitigation costs and related staff costs; $92,900.27 for settlement costs; and $76,854.85 to reimburse the General Fund for staff and associated costs. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Staff costs and associated costs were incurred by the City Attorney's office and the Risk Management office to settle the Granite Construction lawsuit. These costs were incurred by the General Fund. Mitigation land must still be purchased and habitat monitoring and maintenance activities need to be continued as a result of the improvements constructed on Otay Valley Road. Satisfaction of the remaining mitigation requirements is contingent on a mitigation bank negotiation currently being undertaken by the owner of the designated property and the U.S. Fish & Wildlife Service. The City /3-/ - Page 2, Item /3 Meeting Date 6/29/99 will either buy credits in that mitigation bank or mitigation property to compensate for impacts of the road improvements. FISCAL IMPACT: Impact to the General Fund will be increased reimbursement revenues of$76,8S4.8S. Impact to the project will be to restore $450,000 in appropriations necessary for mitigation land acquisition. Impact of the $92,900.27 appropriation for settlement costs will be to reimburse $70,690.47 to the Otay Valley Redevelopment Project Fund and $22,209.80 to the Transnet Fund. H:\HOME\ENGINEER\AGENDA \OVRADAPP. WPD /3-2 -. RESOLUTION NO. )95'/~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FROM THE OTAY VALLEY ROAD ASSESSMENT DISTRICT 90-2 CONSTRUCTION FUND TO THE OTAY VALLEY ROAD WIDENING CAPITAL PROJECT FOR PROJECT RELATED COSTS WHEREAS, the City Council approved the formation of Assessment District 90-2 (Otay Valley Road) on June 23, 1992, for the purpose of funding the road widening and other improvements from I-80S to 1,200 feet east of Nirvana Avenue; and WHEREAS, the construction work was completed a few years ago; however, the contractor on the project, Granite Construction, sued the City and the settlement was reached in December, 1998; and WHEREAS, $400,000 was paid from funds remaining in the road widening capital project balance, including Assessment District funds, and those funds had been set aside for the implementation of environmental mitigation requirements including the purchase of 6.6 acres of wetlands, for a total of 12.66 acres of mitigation property; and WHEREAS, it is proposed that District funds can be used to reimburse the General Fund for staff costs associated with the lawsuit and pay the settlement cost. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby appropriate $619,655.12 from the available balance in the Otay Valley Road 90-2 Construction Fund to the Otay Valley Road CIP proj ect, incl uding $450,000 for environmental mitigation costs; $92,900.27 for settlement costs; and $76,854.85 to reimburse the General Fund for staff and associated costs. Presented by Approved as to form by John P. Lippit t, Director of torney Public Works H:\home\attorney\reso\apP·902 /3-3 .... . ----_.._~_.- ATTACHMENT "A" o ~ O~MOOOVOMO~M~~~~O~M~~~O~MOO~~O~ ~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ m~ m o~~~~~mMMmNMN~Mm~OMm~~~~m~mN~~~ ~O ~ ~MN~~~~m~~~ ~~~~~~~M~~~~~~ ~~ -,0 M....." <'it-.:' M ...: ...: "'~ ~ 1-"' ~ o l- e( I- 0 0 0 00 0 0 ë Wo ~ M ~ gg g ~ CÞ (:)9 .. _.. _ . E CO) ~ ~ ~ ~g ~ ~ .s: =Cb ~ N '<t M..... 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Employee Services 21,630 llEBG Employee Services (19,000) Public Works Classification Adj. Employee Services 7,340 Seasonal Gardeners Employee Services 14,200 Voyager Park Main!. Services & Supplies 35,350 Sidewalk Repairs Services & Supplies 50,000 Training Services & Supplies 9,720 Workers Comp Employee Services (5,730) library DASH Program Employee Services (12,512) DASH Program Services & Supplies 12,512 Administration Workers Comp Employee Services 5,730 Total General Fund Amendments $ 165,550 Other Fund Proposed Budaet Amendments fJJIJsJ. Descrintion Cateaorv Amount Public Facility DIF East lake Facility lease Services & Supplies 48,000 EI Dorado Bldg. Utilities Services & Supplies 10,000 Bayfront Conservancy Fund County Grant - Trout Capital 9,675 Sewer Service Fund Spring Valley Outfall Swr line Services & Supplies 13,505 AFFORD Membership Services & Supplies 12,000 Upgrade of Bobcat Capital 15,000 Trunk Capital Reserve Transfer to Sewer Service Fund Debt Service 1,000,000 Residential Construction Tax Memorial Park Fountain Services & Supplies 16,500 State Recreation Grant Fund South Bay Comm. Svcs -Trolley Trestle Services & Supplies 246,250 Various CFD's Administrative Services Services & Supplies 197,110 Gas Tax Sidewalk Repair Debt Service 50,000 4-fl Total other Fund Amendments $ 1,618,040 - Attachment B (Cant.) Proposed Operating Budget Amendments Revenues General Fund Property Taxes 133,819 Utilities Users Tax 50,000 Motor Vehicle License 20,155 CDBG Reimbursements 9,676 LLEBG Grant Revenues (19,000) Transfer In from Gas Tax Fund 50,000 Total General Fund Amendments $ 244,650 Other Funds Bayfront Conservancy Fund Donations 9,675 Various CFD's District Assessments 197,110 State Recreation Grant Fund State Grant 246,250 Sewer Service Fund Sewer Service Charges 612,768 Sewer Service Fund Transfer In from Trunk Sewer Capital Reserve 1,000,000 Total Non-General Fund Amendments $ 2,065,803 4- 'I .. _., ._-. .. "_~._.__H._ Attachment C CIP Proposed Budget Amendments Fiscal Year 1999-2000 CIP Budget Fund Project # Project Title Amendments TDA STL256 Fourth Ave. Improvements, So. Of Orange (73,500) TDA TF267 Fourth Ave. Re-stripping at SR-54 (93,000) Gas Tax Fund STL256 Fourth Ave. Improvements, So. Of Orange (14,000) Residential Construction Tax Fund DR150 Drain Pipe Replacement - 632 Broadway 18,000 Traffic Signal Fund TF250 Traffic Signal Upgrade Phase IV 15,000 Records Management Facilities DIF GG129 Records Management System 99,753 Civic Center Public Facilities DIF GG168 Civic Center - Recreation Relocation 63,500 General Fund Capital Outlay GG169 Recreation Tel. Connectivity System Upgrade 79,100 TOTAL $94,853 4-10 - - _.___._.,.._n -- _...._---~.._-_.--