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2015-08-18 Agenda Packet
I dcelaro undcr penalty of perjury that I am employed by the Ciry of Chul�Vina in the office of the Ciry Clerk and tE�t 1 potted the documrnt ucording to Brown Act rcquimnenU. Dued: ���5 IrS yj���2t� � r -- � � QiUTA VtSTA �- � ������� � Mary Casillas Salas, Mayor Patricia Aguilar, Coundlmember Gary Halbert, City Manager Pamela Bensoussan, Counalmember Glen R. Googins, City Attomey John McCann, Counalmember ponna R. Norris. City Clerk Steve Miesen. Councilmember Tuesday, August 18, 2015 5:00 PM Council Chambers 276 4th Avenue, Building A Chula V'�sta, CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER ROLL CALL: Councilmembers Agullar, Bensoussan, McCann, Miesen and Mayor Salas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 15-0383 INTRODUCTION BY ENVIRONMENTAL SERVICES MANAGER LYNN FRANCE, CONSERVATION SPECIALIST CORY DOWNS AND SWEETWATER AUTHORITY PROGRAM MANAGER SUE MOSBERG OF THE LAUNDRY-TO-LANDSCAPE PUBLIC EDUCATION DISPLAY CREATED AS A COLLABORATION BETWEEN THE CONSERVATION SECTION OF THE PUBLIC WORKS DEPARTMENT AND SWEETWATER AUTHORITY Cily o/ChWa Yqb P�p�1 Prfntetl on NfYt013 !" #&.0 '+,-./(+&,&* ";B "4<;= 9P JKHLRJK)9C&C<?,?>@<!3B!),9,;C!;>9C"?@9!E>CA?C<,<?! JKHLRJK "@ ,<;C9!8C<9B!,:! ,9?><CO!>>!,<;!DC?C9,<P&! CEC C<?,9B!)9><">),E!F9@BE,<!D>EE,<ACD,!@F! ?8C!QLJK!DC?C9,<&!;,B!),9,;C P JKHLRTR><?9@;A"?>@<!@F!?8C!">?B!@F!"8AE,!D>&?,P&! 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'0%0)$%%6" +(),'%),#( ),"'%0) )G%0 %(0,1(),6)L)8;$;) A& 64)!4, %#(B), 0),'%),'!4":%0) )64%) "61^()5%&("6%; #$%&!'(!#)*+ !,$-% !1! .$/% 0!'/!12"3245"6 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 8 !" #&.0 '+,-./(+&,&* ";B "4<;= 2"+ ) 8),6)555;!4 #,:"(6,!,;+ :)6 )'%!%":%)%$,"#) 6"7"!,6" ()54% ) "61) !"#),+% 0,(),'%) 8 &#"(4%0) #" %; #$%&!'(!#)*+ !,$-% !A! .$/% 0!'/!12"3245"6 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 9 City of Chula Vista Staff Report File#:15-0383, Item#: A. INTRODUCTIONBYENVIRONMENTALSERVICESMANAGERLYNNFRANCE,CONSERVATION SPECIALISTCORYDOWNSANDSWEETWATERAUTHORITYPROGRAMMANAGERSUE MOSBERGOFTHELAUNDRY-TO-LANDSCAPEPUBLICEDUCATIONDISPLAYCREATEDASA COLLABORATIONBETWEENTHECONSERVATIONSECTIONOFTHEPUBLICWORKS DEPARTMENT AND SWEETWATER AUTHORITY City of Chula VistaPage 1 of 1Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 10 City of Chula Vista Staff Report File#:15-0415, Item#: B. PRESENTATIONBYPARADEDIRECTORLIEUTENANTCOMMANDERHENRYA.MARTINEZII ANDVETERAN’SELEMENTARYPRINCIPALFROYLANVILLANUEVAOFTHE2015VETERANS DAY PARADE City of Chula VistaPage 1 of 1Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 11 City of Chula Vista Staff Report File#:15-0464, Item#: C. INTRODUCTIONOFTHECITYOFCHULAVISTA’SSISTERCITYODAWARA,JAPANYOUTH AMBASSADORSKAITOTSUCHIYA,AYAKASATO,YUKIEMATSUNAGAANDAKIKOSAKATA, PARTICIPANTSINTHEANNUALINTERNATIONALFRIENDSHIPCOMMISSION’SEXCHANGE PROGRAMANDAPRESENTATIONBYTHECHULAVISTAYOUTHAMBASSADORSLOREN FERNANDEZ,MARIOORSO,MOLLYUYEDAANDGITALIADIFERRETTIREGARDINGTHEIR EXPERIENCE IN ODAWARA City of Chula VistaPage 1 of 1Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 12 City of Chula Vista Staff Report File#:15-0477, Item#: D. RECOGNITIONOFTHECHULAVISTASOUTHPONYBASEBALLLEAGUEFORDEFEATING THEDOMINICANREPUBLICANDCLAIMINGTHE2015PONY-13INTERNATIONALWORLD SERIES AND FOR CARRYING A 20-0 RECORD THROUGHOUT THEIR JOURNEY City of Chula VistaPage 1 of 1Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 13 City of Chula Vista Staff Report File#:15-0473, Item#: E. PRESENTATIONBYSUSANNALOPEZ-ADOLPHOFCOMMUNITYHOUSINGIMPROVEMENT PARTNERS(CHIP)ONTHECENTERFORDISEASECONTROLANDPREVENTION’SRACIAL ANDETHNICAPPROACHESTOCOMMUNITYHEALTH(CDCREACH)GRANTTOADDRESS BARRIERSANDDETERMINANTSOFOBESITYANDDIABETESINWESTERNCHULAVISTA ANDINTRODUCTIONOFRELATEDCIVICENGAGEMENTBYDEVELOPMENTSERVICES STAFF STACEY KURZ OF THE HEALTHY CHULA VISTA INITIATIVE City of Chula VistaPage 1 of 1Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 14 City of Chula Vista Staff Report File#:15-0482, Item#: F. PRESENTATIONOFAPROCLAMATIONTOREACHCHULAVISTAPROGRAMMANAGER SUSANNALOPEZ-ADOLPHANDSENIORPROJECTCOORDINATOR,HEALTHYCHULAVISTA STACEYKURZPROCLAIMINGSEPTEMBER2015ASLATINOHEALTHAWARENESSMONTH AND NATIONAL CHILDHOOD OBESITY AWARENESS MONTH IN THE CITY OF CHULA VISTA City of Chula VistaPage 1 of 1Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 15 City of Chula Vista Staff Report File#:15-0485, Item#: 1. APPROVAL OF MINUTES of July 21, 2015. RECOMMENDED ACTION Council approve the minutes. City of Chula VistaPage 1 of 1Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 16 !"#$" %&'(") * ( +,, -."+ -& ,*"/"01($ C&,*@(! 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ORDINANCEOFTHECITYOFCHULAVISTAAMENDINGCHAPTER15.24OFTHECHULA VISTAMUNICIPALCODEADDINGSECTION15.24.070SMALLRESIDENTIALROOFTOPSOLAR ENERGY SYSTEMS (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY Section65850.5(g)(1)oftheCaliforniaGovernmentCodeprovidesthat,onorbeforeSeptember30, 2015,everycity,county,orcityandcountyshalladoptanordinancethatcreatesanexpedited, streamlinedpermittingprocessforsmallresidentialrooftopsolarenergysystems.Theproposed ordinance is intended to satisfy the requirement. ENVIRONMENTAL REVIEW TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityfallswithinthe Class8CategoricalExemptionpursuanttoCaliforniaCodeofRegulationsTitle14,Chapter3,Article 19(the“StateCEQAGuidelines”)section15308andthereforeisexemptfromenvironmentalreview; andnotwithstandingtheClass8CategoricalExemption,theDirectorofDevelopmentServiceshas furtherdeterminedthatthereisalsonopossibilitythattheactivitymayhaveasignificanteffectonthe environment;therefore,pursuanttosection15061(b)(3)oftheStateCEQAGuidelinestheactivityis exempt from the provisions of CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION AssemblyBill2188(2014)amendedSection65850.5oftheGovernmentCode(GC)torequirecities andcounties,onorbeforeSeptember30,2015,toadoptanordinancethatcreatesanexpedited, streamlined permitting process for small residential rooftop solar energy systems. As defined in GC Section 65850.5, a small residential rooftop solar energy system is: a.Asolarenergysystemthatisnolargerthan10kilowattsalternatingcurrentnameplaterating or 30 kilowatts thermal. b.Asolarenergysystemthatconformstoallapplicablestatefire,structural,electrical,andother buildingcodesasadoptedoramendedbytheCityandallstateandCityhealthandsafety standards. City of Chula VistaPage 1 of 3Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 21 File#:15-0488, Item#: 2. c.A solar energy system that is installed on a single or duplex family dwelling. d.Asolarpanelormodulearraythatdoesnotexceedthemaximumlegalbuildingheightas defined by the City. Section 65850.5 of the GC provides that in developing an expedited permitting process, the city shall: a.Adoptachecklistofallrequirementswithwhichsmallrooftopsolarenergysystemsmustcomplywithtobe eligible for expedited review. b.Theexpediteprocess,standardplan(s),andchecklist(s)shallsubstantiallyconformtorecommendations containedinthemostcurrentversionofthe CaliforniaSolarPermittingGuidebook(CSPG)adoptedbythe Governor’s Office of Planning and Research. c.Alldocumentsrequiredforthesubmissionofanexpeditedsolarenergysystemapplicationshallbemade available on the publicly accessible City website. d.ElectronicsubmittaloftherequiredpermitapplicationanddocumentsbytheInternettobemadeavailabletoall small residential rooftop solar energy system permit applicants. e.Onlyoneconsolidatedinspectiontoberequiredanddoneinatimelymanner.Re-inspectionsareallowedifthe system fails inspection. Staffhasdevelopedeligibilitychecklistsandimplementedanexpediteprocessforeligibleresidentialroof-topsystems. Thechecklists,standardplansandexpediteprocessdosubstantiallyconformtothecurrentversionoftheCSPG.In addition,staffdevelopedawebpageontheCity’swebsitededicatedtothestreamlinedprocesscontainingallrequired submittaldocumentsandreferencetoresources.Furthermore,staffisintheprocessofdevelopinganonlinesubmittal process where applicants can submit the application and documents, and pay fees via the City’s Citizen Access portal. Theproposedordinanceauthorizesthebuildingofficialtodevelopandmaintaintheeligibilitychecklists.Anapplication thatsatisfiestherequirementsoftheeligibilitychecklists,asdeterminedbythebuildingofficial,willbedeemedcomplete andeligiblefortheexpeditedpermittingprocess.Uponconfirmationbythebuildingofficialoftheapplicationand supportingdocumentationbeingcompleteandthatthesolarenergysystemsubstantiallyconformstoallapplicablelocal, state,andfederalhealthandsafetyrequirements,thebuildingofficialwilladministrativelyapprovetheapplicationand issuetherequiredpermits.Asforinspections,oneconsolidatedbuildinginspectionisrequired,whichwillbeperformedin a timely manner. If the system fails inspection, re-inspections will be required. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-specificand consequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section18705.2(a)(11),isnotapplicable tothisdecisionforpurposesofdeterminingadisqualifyingrealproperty-relatedfinancialconflictofinterestunderthe Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofanyotherfactthatmay constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,HealthyCommunity,Strong andSecureNeighborhoodsandaConnectedCommunity.TheproposedordinancesupportstheHealthyCommunitygoal asitseekstofacilitatetheinstallationofrenewableenergysystemsthatwillhelptheCityandStatereachedtheirenergy and environmental goals. CURRENT YEAR FISCAL IMPACT Therearenoincreasesinfeesproposedinthisadoption.Currently,theCitysubsidizesthepermitfeesforresidential solarsystems.Thetotalpermitfeeiscurrently$250.BetweenFY10andFY15,thenumberofprocessedresidential solarpermitsincreasedbyabout1900%.InFY15,staffprocessedaround1,750solarpermitapplications.Expediting suchalargenumberofpermitsmayhaveanimpactonresources.StaffwillcontinuetomonitorthisandupdateCity Council as necessary. City of Chula VistaPage 2 of 3Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 22 File#:15-0488, Item#: 2. TheGeneralFundimpactforthissubsidyinfiscalyear2014wasapproximately$445,000andisexpectedtobeinthe same range in fiscal years 2015 and 2016. ONGOING FISCAL IMPACT StaffiscurrentlyworkingonanupdatetotheDevelopmentServiceDepartment’sfeescheduleandwillbringthatforward toCityCouncilforconsiderationatafuturemeeting.AfullcostrecoverymodelwillbeusedforthisexpeditedPVreview service fee. ATTACHMENTS No attachments. Staff Contact: Lou El-Khazen, Building Official, Development Services City of Chula VistaPage 3 of 3Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 23 SECOND READING AND ADOPTION ORDINANCE NO.__________ ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE ADDING SECTION 15.24.070 SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS WHEREAS,Subsection (a) of Section 65850.5 of the California Government Code provides that it is the policy of the State to promote and encourage the installation and use of solar energy systems by limiting obstacles to their use and by minimizing the permitting costs of such systems; and WHEREAS,Subdivision (g)(1) of Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance, consistent with the goals and intent of subdivision (a) of Section 65850.5, that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I.Added Section 15.24.070 That Section 15.24.070 is hereby added to Chapter 15.24 of the Chula Vista Municipal Code and reads as follows: 15.24.070 Small residential rooftop solar energy systems. A. Definitions. Thefollowing definitions are adopted from California Government Code section 65850.5, as may be amended from time to time. These definitions shall apply to this Chapter 15.24 and are restated here for reference. 1.A “feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code. 2. “Small residential rooftop solar energy system” means all of the following: a.A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal. C:\\Users\\GRANIC~1\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 7\\@BCL@7C05239C\\@BCL@7C05239C.doc ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 24 Ordinance Page 2 b.A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and all state and City health and safety standards. c.A solar energy system that is installed on a single or duplex family dwelling. d.A solar panel or module array that does not exceed the maximum legal building height as defined by the City. 3. “Solar Energy System” means either of the following: a.Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. b.Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating. 4. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. B. Purpose. The purpose of this section is to adoptan expedited solar permittingprocess for small residential rooftop solar energy systems pursuant to Government Code 65850.5(g). C. Applicability. This Section applies to the permitting of eligible small residential rooftop solar energy systems in the City. D.Permitting. Applicants desiring to qualifyfor the expedited reviewshall submit an application to the City, in a form approved by the City’s building official. The building official is authorized to administratively act on such applications, pursuant to this section. Notwithstanding any other provisionof this Code, decisions made by the building official pursuant to this Chapter may be appealed to the Planning Commission. E.Eligibility checklists. The City building official is authorized and directed to develop checklistsof all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review.The initial checklistsshall be developed on or before September 30, 2015, and shall be the City’s adopted checklists, in accordance with Government Code section 65850.5. The building official shall maintain the checkliststo substantiallyconform with the recommendations contained in the most current version of the California Solar Permitting Guidebook and adopted by the Governor's Office ofPlanning and Research. F. An applicationthat satisfies the requirements ofthe eligibility checklists, as determined by the building official, shall be deemed completeand eligible for the expedited permitting process. Upon receipt of an incomplete application, the building official shall issue a written ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 25 Ordinance Page 3 correction notice detailing all deficiencies in the application and any additional information required to be eligible for the expedited permittingprocess. G. Upon confirmation by the building official of the application and supporting documentation being complete and that the solar energy system substantially conforms to all applicable local, state, and federal health and safety requirements, the building official shall administratively approve the application and issue required permits. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider. H. For a small residential rooftop solar energy system eligible for expedited review, one consolidated building inspection shall be required, which shall be done in a timely manner.If a small residential rooftop solar energy system fails inspection, re-inspections are required. I.Fees. Permit fees for eligible small residential rooftop solar systems shall be as specified in the Master Fee Schedule of the City of Chula Vista. J.Use Permit. If the building officialmakes a finding, based on substantial evidence, that the proposed solar energy system could have a specific, adverse impact on the public health and safety, the building official may require the applicant to apply for a use permit. K.Denial. The City may deny an application if it makes written findings based on substantial evidence in the record that the proposed installation would have a specific, adverse impact on the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Section II.Severability If any portion of this Ordinance, or its application to any person or circumstance, is for anyreason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicateor contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 26 Ordinance Page 4 Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented byApproved as to form by _________________________________________________________________________ Kelly G. Broughton, FASLAGlen R. Googins Director of Development ServicesCity Attorney ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 27 City of Chula Vista Staff Report File#:15-0385, Item#: 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE COMPLETE STREETS POLICY RECOMMENDED ACTION Council adopt the resolution. SUMMARY OnMarch5,2015CityCouncilheldaworkshopontheHealthyChulaVistaInitiative,includinga presentationonCompleteStreetsconcepts.Atthistime,staffisbringingforwardapolicythatwill assistinthedesignofright-of-waystoensuresafe,comfortable,andconvenientaccesstoall transportationusersofallagesandabilities.TheCity’sCompleteStreetsPolicywillhelp institutionalizemanyofthemulti-modaldesignfeaturesincorporatedintorecentcapitalimprovement projects and will help align the City with new state and regional transportation agency guidance. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedtheadoptionoftheComplete StreetsPolicywillnotresultinanyphysicaldevelopmentinandofitself,andthuswillnothavean impactontheenvironment.Further,anyfuturedevelopmentwhichutilizesthepolicywillrequire environmental review specific to the proposed project. Therefore,theCompleteStreetsPolicyisexemptfromtheCaliforniaEnvironmentalQualityAct (CEQA)basedonCEQAGuidelinesSection15061(b)(3),whichstatesthatwhereitcanbeseen withcertaintythatthereisnopossibilitythatanactivityhasthepotentialtohaveasignificanteffect on the environment that it is not subject to CEQA. BOARD/COMMISSION RECOMMENDATION OnMay6,2015theSafetyCommissionapproved(4-0)recommendationoftheCompleteStreets Policy.Atthattime,aletterwassubmittedbyCirculateSanDiegowithadditionalrecommendations forconsideration.AsubsequentmeetingonJuly15,2015washeldwithBikeWalkChulaVistaand subsequently, staff incorporated minor changes to the Policy. DISCUSSION Jurisdictionsarebecomingincreasinglyawarethatcitiesplayacriticalroleinsupportingthehealth andwell-beingoftheircommunities.Factorscontributingtoacommunity’shealthcaninclude walkableneighborhoods,qualityparksandopenspaceareas,efficienttransportation,andsafe, cleanenvironments.Assuch,theChulaVistaCityCouncilreiteratedtheimportanceofcreatinga healthycommunityinadoptingtheChulaVistaStrategicPlanin2013.Overthelastyear,theCity hasalsobeenimplementingitsmulti-department HealthyChulaVista initiative,whichfocuseson integrating public health considerations across municipal capital projects, plans, and services. City of Chula VistaPage 1 of 3Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 28 File#:15-0385, Item#: 3. Inrecognitionthatroadwaysplayanespeciallyimportantfactorindeterminingacommunity’shealth, jurisdictionsareworkingtotransitiontomore“completestreets,”whicharedesignedtoensuresafe, comfortable,andconvenientaccesstoallusers(pedestrians,bicyclists,motorists,andtransitriders) ofallagesandabilities.Acompletestreetmayincludesidewalks,bikelanes(orwidepaved shoulders),specialbuslanes,comfortableandaccessiblepublictransportationstops,frequentand safecrossingopportunities,medianislands,accessiblepedestriansignals,curbextensions,narrower travellanes,androundabouts.ManyjurisdictionshavedevelopedandadoptedformalComplete Streetspoliciestodirecttheirtransportationplannersandengineerstoroutinelydesignandoperate the entire right of way to enable safe access for all users. Aspartofthe HealthyChulaVista initiative,amulti-departmentalteamhasdevelopedaComplete StreetsPolicyfortheCityofChulaVista.ThePolicyfollowsthesuggestedframeworkoftheNational CompleteStreetsCoalitionandincludessectionsondesigncriteria,contextsensitivity,performance metrics,andinitialimplementationactions.ThePolicybuildsoffofmulti-modaldesignfeatures incorporatedintorecentcapitalimprovementprojectsintheCityandwasgreatlyinformedby communitystakeholderinputthroughtwoworkshopsandabicycletour.ThePolicywillalsohelp alignChulaVistawithnewstateandregionaltransportationagencyguidance.TheCompleteStreets Policy’sfutureimplementationwillbeguidedbyongoingconsultationswiththeSafetyCommission and through ongoing updates to the Bikeway & Pedestrian Master Plans. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationssection18704.2 (a)(1),isnotapplicabletothisdecision.Staffisnotindependentlyaware,andhasnotbeeninformed byanyCityCouncilmember,ofanyotherfactthatmayconstituteabasisforadecisionmaker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisitemsupports Section3.1.1-Implementpoliciesandprogramsthatsupportahealthycommunity,byprovidingfor more complete planning and design of streets that address all users. CURRENT YEAR FISCAL IMPACT There is no fiscal impact for adopting the Complete Streets Policy. However adoption of the policy may result in fiscal impacts as the design aspects and amenities contained in the Complete Streets Policy are incorporated in future street projects. These fiscal impacts will be disclosed at the time when such projects are brought forward for approval. ONGOING FISCAL IMPACT The ongoing fiscal impacts will be disclosed at the time when street projects implementing the design and amenities aspects contained in the Complete Streets Policy are brought forward for approval. ATTACHMENTS 1.Complete Street Policy City of Chula VistaPage 2 of 3Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 29 File#:15-0385, Item#: 3. Staff Contact: Stacey Kurz, Senior Project Coordinator, Development Services Dept. Frank Rivera, Principal Civil Engineer, Public Works City of Chula VistaPage 3 of 3Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 30 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: City of Chula Vista Complete Streets Policy EFFECTIVE NUMBER PAGE DATE 1OF 4 ADOPTED BY: (Resolution No.)DATED: AMENDED BY: Resolution No. (date of resolution) BACKGROUND The General Plan sets forththe goals of creating a safe, healthy, and vibrant community as well asa sustainable transportation circulation system that provides transportation choices. The City’s Strategic Plan also has goals and strategies to support a healthy and connected community. The proper planning of public streets -and their associated right of ways -drives the performance of these goals. The California Complete Streets Act of 2008 further requires municipalitiesto plan for a balanced, multimodal transportation network that meets the needs of all users. Sincethe transportation sector isthe largest contributor of greenhouse gases in the State of Californiaand the San Diego region, there is also legislation requiring better coordination between transportation and land uses as well asrequirements for reductions ingreenhouse gas emissions. As such, many communities have developed “Complete Streets” policiesto help ensure that their roadways are safe and accessible for all transportation users. REFERENCES California Complete Streets Act of 2008 (AB1358) California Global Warming Solutions Act of 2006 (AB32) California Sustainable Communities & Climate Protection Actof 2008(SB 375) City of Chula Vista Bikeway & Pedestrian Master Plans City of Chula Vista Climate Action Plan City of Chula Vista General Plan (Goals 6.1 and 6.3) City of Chula VistaStrategic Plan Healthy Chula Vista Initiative Action Plan Institute of Traffic Engineers -“Designing Walkable Urban Thoroughfares: A Context Sensitive Approach” National Association of City Transportation Officials(NACTO)-“Urban Street Design Guide” San Diego Association of Governments’ Regional Transportation Plan PURPOSE CompleteStreets can be defined as roadwaysthat are planned, designed, operated, and maintained to enable safe, convenient,and comfortable travel and access for users of all ages and abilities regardless of their mode of transportation. Transportation modes can includewalking, bicycling, driving automobiles, riding public transportation, or delivering goods. This Complete Streets Policy outlines how the City will integrate “Complete Streets” design considerations and best practices into its community planning and municipal operations. Per the guidance and/or recommendations that may be provided, but not limited to the references listed above, examplesof typical design components include street and sidewalk lighting; sidewalks and pedestrian safety improvements such as median refuges or crosswalk improvements; improvements that provide Americans with Disabilities Act (ADA) compliant accessibility; transit accommodations including improved pedestrian access to transit stops and bus shelters; bicycle accommodations, shared-use lanes, ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 31 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: City of Chula Vista Complete Streets Policy EFFECTIVE NUMBER PAGE DATE 2OF 4 ADOPTED BY: (Resolution No.)DATED: AMENDED BY: Resolution No. (date of resolution) wide travel lanes or bike lanes as appropriate;shade trees, and street furniture. By adopting a formal Complete Streets Policy, the City will be better positioned to improve mobility and connectivity, promote community health and well-being, improve air and water quality, increase safety, enhance neighborhoodsand businesses, and advance the overall qualityof life for all of Chula Vista’s citizens and visitors. The City will also be more aligned with new state and regional transportation agency guidanceand anticipated grant funding requirements. POLICY All municipal and private development in the right of wayshall be subject to the following policy. The City will also advocate for Complete Streets principles in joint projects with the San Diego Association of Governments (SANDAG), California Department of Transportation (Caltrans), and the San Diego Metropolitan Transit System (MTS). 1.All Users & Modes The City of Chula Vista will ensure that all future roadway projectsaccommodate the safety, access, and convenience of all users of the transportation systemssuch asmotorists, pedestrians, bicyclists, children, persons with disabilities, seniors, movers of commercial goods, andusers of public transportation. 2.All Projects & Phases Complete Streets design principles will be considered in the earliest stages of project development and maybe achieved through single,comprehensive projects or incrementally through a series of smaller improvements over time. In addition, meetings with the Fire & Police Departments should be consulted to ensure that emergency response time goals are maintained. 3.The Importance of a Network The City of Chula Vistarecognizes the necessity of promoting pedestrian, bicycle,and public transportationnetwork connectivity and transportation mode-sharing as aviablealternative to the automobile. As such, the City aims for a comprehensive network of streets that emphasize different modes, while still providing quality, safe access for each mode. The City acknowledges that, whenever feasible,the integration of all travel modes in the design of streets and highwaysshould be pursued. The integration of a variety of travel modesis expected to increase the capacity and efficiency of the City’s broader roadwaynetworkhelping to reduce traffic congestion, while alsoimproving local airquality and overall quality of life. 4. Design Criteria New or reconstructed facilitiesshould be designed to integrate a variety of travel modesand promote currentComplete Streets best practices. Facility design should anticipate likely future demand for bicycling, walking,and transit facilitiesand not precludethe provision of related future improvements. Design criteria should be aligned with the City's General PlanandBikeway and Pedestrian Master Plans ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 32 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: City of Chula Vista Complete Streets Policy EFFECTIVE NUMBER PAGE DATE 3OF 4 ADOPTED BY: (Resolution No.)DATED: AMENDED BY: Resolution No. (date of resolution) and be sensitive to impacts on emergency response time.Finally, the City will consider innovative or nontraditional design optionsand integrate broader sustainability features such as electric vehicle charging infrastructure, bike-sharing/car-sharing, parklets, street decks, and smart street technologies when appropriateand feasible. 5. Context Sensitivity It will be important to the success of thisComplete Streets Policy to ensure that the project development processincludes early consideration of the land use, transportation, and historical context of the project. In addition, gaps or deficiencies in the network for various user groups that could be addressed by the projectshould be identifiedand an assessment of any tradeoffs should be conducted to help balance the needs of all users. 6. Performance Measures Several factors may be used by City staff toevaluate the effectiveness of this Policy, such as: a.Community health data b.Customer satisfaction surveys c.Level of Service (LOS) d.Miles of bicycle routesand trails e.Miles of pedestrian sidewalks f.Number of bicycle, pedestrian, and motor vehiclecrashes g.Number (or amount) of grants awarded h.Number of new or reconstructed curb ramps i.Number of new or repainted crosswalks j.Number of new shadetrees plantedalong streets k.Number of stakeholders engaged l.Number of staff trained m.Percentage of transit stops with shelters n.Vehicle , bicycle, and pedestriancounts o.Transit system ridership p.Schooltransportation survey information (transportation to-and-from school) q.Emergency response time impacts Performance measures, both at the project and network level, will be selected based on the availability of applicable data. Evaluationof the Complete Streets Policy’s effectiveness will be included as part of Bikeway and Pedestrian Master Plan updates, which typicallyoccur every 5years. 7. Exceptions Exceptions to the this Policyinclude: 1) when accommodation is not necessary on corridors where non- motorizeduse is prohibited, such as interstate freeways; 2) when cost of accommodation is excessively disproportionate to the need or probable use; 3) when there is a documented absence of current or future ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 33 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: City of Chula Vista Complete Streets Policy EFFECTIVE NUMBER PAGE DATE 4OF 4 ADOPTED BY: (Resolution No.)DATED: AMENDED BY: Resolution No. (date of resolution) need; and 4) when implementation of certain complete street elements are detrimental to emergency service responsetimes. Any exceptions must be approved by the City Engineer. 8. Implementation Initial implementation actions mayinclude updating the City’s Capital Improvement Project (CIP) standard work and Tentative Map (TM) plan check standard work to incorporateearly considerationsfor Complete Streets design principles, development of a complete streets checklist, transitioning the Growth Management Oversight Ordinance’s traffic threshold to more broadly account for “transportation,” and combining the Bikeway and Pedestrian Master Plans into a single, comprehensive Active Transportation Master Plan. The Complete Streets Policy’s future implementation, progress reports, and revisions will be guided by ongoing consultations with the Safety Commission and through ongoing updates to the Bikeway/Pedestrian Master Plans. ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 34 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTINGTHE COMPLETE STREETS POLICY WHEREAS, jurisdictions are becoming increasingly aware that cities play a critical role in supporting the health and well-being of their communities; and WHEREAS, jurisdictions are working to transition to more “complete streets,” which are designed to ensure safe, comfortable, and convenient access to all users (pedestrians, bicyclists, motorists, and transit riders) of all ages andabilities; and WHEREAS, many jurisdictions have developed and adopted formal Complete Streets policies to direct their transportation planners and engineers to routinely design and operate the entire right of way to enable safe access for all users; and WHEREAS, the City has developed a draft Complete Streets Policy, which follows the suggested framework of the National Complete Streets Coalition and includes sections on design criteria, context sensitivity, performance metrics, and initial implementation actions; and WHEREAS, the Complete Streets Policy’s future implementation will be guided by ongoing consultations with the Safety Commission and through ongoing updates to the Bikeway & Pedestrian Master Plans. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby adopt the Complete Streets Policy. Presented byApproved as to form by Kelly BroughtonGlen R. Googins Director of Development Services City Attorney ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 35 City of Chula Vista Staff Report File#:15-0363, Item#: 4. ORDINANCEOFTHECITYOFCHULAVISTAREPEALINGORDINANCENO.2533FORTHE TELEGRAPH CANYON SEWER BASIN DEVELOPMENT IMPACT FEE (FIRST READING) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY In1992,theCityestablishedtheTelegraphCanyonSewerBasinDevelopmentImpactFee(DIF)by CityCouncilOrdinance2533(Attachment1)tofundthenecessaryimprovementstotheTelegraph CanyonTrunkSewer.NowthattheTelegraphCanyonTrunkSewerimprovementsareconstructed and the benefit area is nearly built out, staff recommends that the fee be repealed. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivity;repealingthe TelegraphCanyonSewerBasinDevelopmentImpactFee(DIF)isnota"Project",asdefinedunder Sections15378(b)(4)and15378(b)(2)oftheStateCEQAGuidelines;therefore,pursuanttoSection 15060 (c)(3) of the State CEQA Guidelines the activities is not subject to CEQA. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION TheTelegraphCanyonSewerDevelopmentImpactFee(DIF)wasestablishedonNovember10, 1992,byOrdinanceNo.2533(Attachment1)tofundtheconstructionoftherequiredtrunksewer improvementswithintheTelegraphCanyonBasin.Theseimprovementswerenecessarytoprovide additionalcapacityoftheexistingTelegraphCanyonTrunkSewerandtofacilitatethenew developmentwithinthebasin.TheDIFbenefitareaconsistsofRanchoDelReySpecificPlan,Otay Ranch,andaportionofRollingHillsandEastlake,allofwhicharenearlybuiltout..Attachment2 shows the general location of the basin. The sewer improvements were completed in two phases: Phase1-Constructionofa300-ftparallelsewerlinealongTelegraphCanyonRoad,from Melrose Avenue to approximately 400 feet easterly (West of Interstate 805). Phase2-Constructionofnewsewerlinesinthesamelocationastheexistingline,utilizingthe pipe-burstingmethodfromCrestDrive/OleanderAvenuetoapproximately1,450feeteastof Paseo Ladera. In2001,thebalanceoftheTelegraphCanyonSewerDIFwasapproximately$1million,whichwas City of Chula VistaPage 1 of 2Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 36 File#:15-0363, Item#: 4. insufficienttocompletelyfundtherequiredDIFimprovements.CounciladoptedResolution2001-378 (seeAttachment3)authorizingtheuseofTrunkSewerCapitalReserveFundstoclosethefunding gapandhelpconstructtheremainingDIFfacilities.TheDIFfacilitieswerecompletedin2002and there are no additional capacity improvement projects needed for the facility. StaffrecommendsrepealingOrdinance2533toeliminatetheDIF.Thecontinuedadministrative costsfortheDIFfundoutweighstherevenuesexpectedfromtheremainingapproximately40 EquivalentDwellingUnitsinthebenefitarea.RemainingfundsintheDIFwillbereturnedtothe Trunk Sewer Capital Reserve Fund. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilandhasfoundCouncilMemberJohn McCannhasrealpropertyholdingswithin500feetoftheboundariesofthepropertywhichisthe subjectofthisaction.Consequently,pursuanttoCaliforniaCodeofRegulationsTitle2,sections 18700and18705.2(a)(11),thisitempresentsadisqualifyingrealproperty-relatedfinancialconflictof interestunderthePoliticalReformAct(Cal.Gov’tCode§8700,etseq.)fortheabove-identified member. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Ordinance2533 supportedtheEconomicVitalitygoalintheCity’sStrategicPlan.Itprovidedfundingforplanningand construction of sewer infrastructure supporting new development in the basin. CURRENT YEAR FISCAL IMPACT ApprovalofthisOrdinancewilleliminatetheTelegraphCanyonSewerBasinDIFfundasthe collectionofthesefeeswillbediscontinuedasallDIFfacilitieshavebeencompletedandthefeeis no longer needed. Thefiscalyear2015-16AdoptedBudgetincludedthetransferoftheremainingfundbalance (approximately$1.1million)intheTelegraphCanyonSewerBasinDIFFundtotheTrunkSewer Capital Reserve Fund to help repay the funds used during construction of the DIF facilities. ONGOING FISCAL IMPACT None. ATTACHMENTS Attachment 1:Ordinance 2533 Attachment 2:Telegraph Canyon Sewer DIF Basin Attachment 3:Resolution 2001-378 Staff Contact: Luis Pelayo, Acting Senior Civil Engineer City of Chula VistaPage 2 of 2Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 37 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 38 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 39 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 40 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 41 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 42 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 43 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 44 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 45 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 46 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 47 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 48 0 ¦¤ 49 2 ATTACHMENT Packet !¦¤£ ΑΏΐΔȃΏΗȃΐΗ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 50 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 51 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING ORDINANCE 2533 FOR THE TELEGRAPH CANYON SEWER BASIN DEVELOPMENT IMPACT FEE WHEREAS,Ordinance 2533 established the Telegraph Canyon SewerDevelopment Impact Fee (DIF) to fund the construction of the required trunk sewer improvements within the Telegraph Canyon Basin; and WHEREAS,the required trunk sewer improvements were necessary to increase the capacity of theTelegraph Canyon Sewerand to facilitate the buildout of the basin; and WHEREAS,theTelegraph Canyon Trunk Seweris now completed and collecting the fees from the Telegraph Canyon Sewer DIF is no longer needed. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Ordinance 2533 is hereby repealed in its entirety. Section II.Severability If any portion of this Ordinance, or its application to any person or circumstance, is for anyreason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, thatportion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declaredinvalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicateor contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented byApproved as to form by _________________________________________________________________________ Richard A. HopkinsGlen R. Googins Director of Public WorksCity Attorney C:\\Users\\GRANIC~1\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 7\\@BCL@1806F867\\@BCL@1806F867.doc ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 52 City of Chula Vista Staff Report File#:15-0365, Item#: 5. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAUTHORIZINGTHE PURCHASEOFTWO(2)COMBINATIONSEWERCLEANINGTRUCKSINACCORDANCEWITH THETERMSANDCONDITIONSOFCITYOFESCONDIDOBIDNUMBER13-07,2014AND PURCHASE ORDER NUMBER ESC-0000034389 RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Fiscal Year 2015-16 Sewer Service Revenue Fund budget provides for the replacement of two 2008 International Vactor combination sewer cleaning trucks. The City of Chula Vista Municipal Code Section 2.56.270 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. The City has an opportunity to participate in a current City of Escondido bid for two trucks on favorable terms and pricing. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378(b)(2) of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION TheFiscalYear2015-16SewerServiceRevenueFundbudgetanticipatesthereplacementoftwo 2008InternationalVactorcombinationsewercleaningtrucks.TheFleetManagementSystem indicatesthisistheoptimumtimeforthesereplacements.Duetotheuniquenatureofthis equipment,WastewaterMaintenanceprogramstaffconductedextensiveresearchintothetypesof equipmentavailableintheindustry,andevaluatedeachprospectivepieceofequipmentforits functionalityandsuitabilityforitsintendedpurpose.Equipmentbuiltbythreedifferentmanufacturers wasevaluatedduringthisprocess.StaffdeterminedthattheequipmentmanufacturedbyGapVax, Inc.,andsoldbyPlumber’sDepot,Inc.,bestmeetstheneedsofthedepartment.Currentpurchase orders for such trucks have been issued by the City of Escondido. Inthepast,theCityofChulaVistahasenteredintopurchasingagreementswithvariousagenciesfor City of Chula VistaPage 1 of 2Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 53 File#:15-0365, Item#: 5. miscellaneouspiecesofequipment.TheCityofEscondidoissuedbidspecifications,andasaresult ofthesizeofthemunicipality,receivedfavorabletermsandpricingbaseduponvolumediscounts. TheCityofChulaVistahasanopportunitytotakeadvantageoftheCityofEscondidobidandrealize these cost benefits. Purchasing staff concurs in this assessment. Replacingthetwoexistingsewercleaningtrucksatthistimewillyieldimprovementsintheabilityof theWastewatersectionstafftoimplementthepreventivemaintenanceofsewerlinesandmanholes outlinedintheWastewaterManagementSystem,andwillleadtolowercostsofmaintainingsuch assets in the immediate future, and to extend their service life. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18705.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov’tCode§87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisactionsupports thegoalofprovidingHealthyCommunities,ashavingservicevehiclesingoodworkingcondition allows staff to maintain and operate community and neighborhood wastewater facilities. CURRENT YEAR FISCAL IMPACT Thenettotalcostincludingtaxesis$862,163.Sufficientfundshavebeenbudgetedinthecurrent fiscalyearSewerServiceRevenuebudget.ThereisnonetfiscalimpacttotheGeneralFund approving this resolution. ONGOING FISCAL IMPACT Sincethesearereplacementvehiclesfortheexistingagingfleet,maintenancecostsarealready includedinthecurrentfiscalyearbudget.Thereisnoadditionalongoingfiscalimpactapprovingthis resolution. ATTACHMENTS None Staff Contact: Steve Dorsey, Fleet Manager, Public Works City of Chula VistaPage 2 of 2Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 54 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF TWO (2) COMBINATION SEWER CLEANING TRUCKS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF CITY OF ESCONDIDO BID NUMBER 13-07, 2014 AND PURCHASEORDER NUMBER ESC-0000034389. WHEREAS, the Fiscal Year 2015-16Sewer Service Revenue Fund budget provides for the replacement of two 2008 International Vactor combination sewer cleaning trucks; and WHEREAS, the City of Chula Vista Municipal Code Section 2.56.270 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage; and WHEREAS, the City has an opportunity to participate in a currentCity of Escondido bid for twotruckson favorable terms and pricing; and WHEREAS, replacing the two existing sewer cleaning trucks at this time will yield improvements in the ability of the Wastewater section staffto implement preventive maintenance of sewer lines and manholes in the Wastewater Management System, and will lead to lower costs of maintaining such assets in the immediate future, and to extend their servicelife. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,that it authorize the purchase of two (2) combination sewer cleaning trucks in accordance with the terms and conditions of City of Escondido bid number 13-07, 2014 and purchase order number esc-0000034389. Presented byApproved as to form by Richard A. HopkinsGlen R. Googins Director of Public Works/City EngineerCity Attorney ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 55 City of Chula Vista Staff Report File#:15-0379, Item#: 6. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAUTHORIZINGTHECITY MANAGERTOENTERINTOASECONDAMENDMENTTOTHEMEMORANDUMOF UNDERSTANDING WITH THE CENTER FOR EMPLOYMENT OPPORTUNITIES RECOMMENDED ACTION Council adopt the resolution. SUMMARY In2012,theCityenteredinaMemorandumofUnderstanding(MOU)withtheCenterforEmployment OpportunitiestosupportPublicWorksmaintenancecrewswithindividualsparoledfromourlocal prisonsystemthatarestrivingtore-entertheworkforce.TheMOUinitiallyexpiredNovember2013 andwasextendedtoJune2015.StaffrecommendsCouncilapprovalofanadditionaloneyear extension to June 2016. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1(d) categorical exemption pursuant to section 15301 (Existing Facilities) of the State CEQA Guidelines because the proposed acceptance and appropriation of funding will result in the maintenance of existing landscape and facilities with no expansion of an existing use. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION In2012,theCityenteredinatwo-yearMemorandumofUnderstanding(MOU)withtheCenterfor EmploymentOpportunities(CEO)tosupportPublicWorksmaintenancecrewswithindividuals paroledfromourlocalprisonsystemthatarestrivingtore-entertheworkforce.This“non-profit” organizationprovidesasupervisedfulltime8personworkcrew.Theprogramprovidesvaluable transitionalworkexperiencefortheparticipantsandstudieshavedemonstratedthatindividualswith a criminal history who gain employment are less likely to re-offend. DuringtheinitialsixmonthsofthecontracttheCitycompensatedCEO$20,000foraportionofthe costfortheprogram.TheCitycompensatedCEOanadditional$50,000forfiscalyear2012-13and anadditional$75,000forsubsequentfiscalyears2013-14and2014-15.TheCEOworkcrews providedservicestotheParksSectionsforvariousmaintenanceprojectsincludinglandscape maintenance,graffitiremoval,andpainting.CEOalsoprovidedsupporttovariousOpenSpace districts,forwhichthecostswerereimbursedfromthosedistricts.Thescopewasexpandedinfiscal City of Chula VistaPage 1 of 2Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 56 File#:15-0379, Item#: 6. year2014-15toprovideservicestotheOtayValleyRegionalPark(OVRP).Theprogramhasbeena success.SomeexamplesofspecialprojectscompletedbyCEOinclude:sodinstallationatVoyager Parksoccerfield,VeteransPark,HarborsideParkandRohrPark;weedabatementatPalomar Trolley, H Street corridor and Bike path from E Street to National City. TheMOUexpiredNovember2013andtheFirstAmendmentextendedthetermoftheMOUtoJune 2015.TheSecondAmendmentextendsthetermoftheMOUtoJune2016.Ifextended,services wouldcontinuefortheParksSectionandinvariousOpenSpacedistrictsandasneededforspecial projects. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationssection18704.2 (a)(1),isnotapplicabletothisdecision.Staffisnotindependentlyaware,andhasnotbeeninformed byanyCouncilmember,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflictof interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.TheSecond AmendmenttotheCEOMOUsupportsthefollowingStrategicGoals:OperationalExcellence-CEO workcrewsprovidesupportforvariousmaintenanceprojectssuchasoutdoormaintenance, cleaning,beautificationandgroundskeeping.HealthyCommunity-maintainingcommunityopen space for public enjoyment CURRENT YEAR FISCAL IMPACT TheFiscalYear2015-16budgetincludesanappropriationof$25,000fromtheOpenSpacedistricts and $50,000 from the Public Works Operations budget for maintenance services from CEO. ONGOING FISCAL IMPACT Ongoing maintenance services from CEO are subject to the annual budget process. ATTACHMENTS 1.Second Amendment to Memorandum of Understanding with CEO 2.Exhibit A Memorandum of Understanding with CEO 3.Exhibit B First Amendment to Memorandum of Understanding with CEO Staff Contact: Silvia Cosio, Senior Management Analyst City of Chula VistaPage 2 of 2Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 57 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 58 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 59 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 60 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 61 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 62 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 63 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 64 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 65 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 66 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 67 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 68 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 69 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 70 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 71 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 72 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 73 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 74 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 75 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 76 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTAAUTHORIZING THE CITY MANAGER TO ENTER INTO A SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE CENTER FOR EMPLOYEMENT OPPORTUNITIES WHEREAS, pursuant to aMemorandum of Understanding between the City of Chula Vista and the Center for Employment Opportunities (“CEO”) entered into in January 2012 (the “MOU”), CEO has supported Public Works maintenance crews with a work crew of individuals paroled from our local prison system that are striving to re-enter the workforce; and WHEREAS, the program provides valuable transitional workexperience for the participants and studies have demonstrated that individuals with criminal history who gain employment are less likely to re-offend; and WHEREAS, the MOU expired on June 30, 2015 and both the City of Chula Vista and CEO have expressed interest in extending the MOU; and WHEREAS, the Fiscal Year 2015-16includes an appropriation of $25,000 from the Open Space districts and $50,000 from thePublic Works Operationsbudgetfor maintenance servicesfrom CEO. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, does hereby authorize the City Manager to enter into a Second Amendment to the Memorandum of Understanding with the Center for Employment Opportunities Presented byApproved as to form by Richard A. HopkinsGlen R. Googins Director of Public WorksCity Attorney ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 77 City of Chula Vista Staff Report File#:15-0384, Item#: 7. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACCEPTINGAGRANT FROMCALRECYCLE’SLOCALGOVERNMENTHOUSEHOLDHAZARDOUSWASTE DISCRETIONARYGRANTPROGRAM,APPROPRIATING$90,000TOTHEWASTE MANAGEMENTANDRECYCLINGFUND,ANDAUTHORIZINGTHEPUBLICWORKSDIRECTOR ORDESIGNEETOEXECUTEALLGRANTDOCUMENTSANDIMPLEMENTPROJECTSFUNDED BY THE GRANT (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY AcceptingthisgrantwillenhancetheCity'shouseholdhazardouswaste(HHW)programwiththe installationofmoreconvenientcollectionsitesforhouseholdbatteriesandsingle-usegascylinders, whichcomplementsservicesprovidedbytheRegionalHouseholdHazardousWasteDrop-offFacility at the Public Works Yard, 1800 Maxwell Road. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedprojectforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheprojectqualifiesforaClass 8categoricalexemptionpursuanttoSection15308(ActionsbyRegulatoryAgenciesforProtectionof theEnvironment)oftheStateCEQAGuidelinesbecausethegrantwillbeuseddevelopacollection systemandtoplacecollectioncontainersatvariouslocationsandbusinesses.Thus,nofurther environmentalreviewisnecessary.Althoughenvironmentalreviewisnotnecessaryatthistime, oncethelocationforthecollectioncontainershasbeendetermined,environmentalreviewwillbe required and a CEQA determination completed prior to installing the container. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION OnFebruary9,2004,regulationstookeffectinCaliforniathatclassifieddiscardedfluorescentlamps, electronicdevices,householdbatteriesandmercurycontainingdevicesasUniversalWaste,per Statehouseholdhazardouswasteregulations,andweresubsequentlybannedfromdisposalin landfills.Thisleftlocaljurisdictionswiththeburdenofprovidingspecialcollectionofthesematerials withnoorlimitedfundstodoso.Acceptanceofthisgrantwillallowstafftooffermoreconvenient disposallocationsforhousehold,single-usebatteriesandone-pound,non-refillablepropane cylinders at local retail stores throughout the city. TheoriginalgrantapplicationwassubmittedtoCalRecyclein2013,butwasrejectedastherewere manymoreapplicantsthanavailablefunding.ThisyearCalRecyclehasthefundingbutnotenough City of Chula VistaPage 1 of 3Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 78 File#:15-0384, Item#: 7. applications.CalRecycleaskedChulaVistatoreconsiderdoingtheproposedworkforthe2015- 2016 grant cycle (work to be completed from October 2015 through March 2018). TheoriginalgrantwassubmittedasapartnershipwiththeCaliforniaProductStewardshipCouncil (CPSC)andCall2Recycle(thefirstbatterystewardshipprograminNorthAmerica).Thesenot-for- profitorganizationshaveagreedtoreconstitutetheScopeofWorkforthenewgrantcycle.Fundswill beutilizedtopurchasecollectionreceptacles,forprogrammarketing,CPSCstafftimeandCity administrative staff time. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18705.2(a)(11)isnotapplicabletothisdecisionforthepurposeofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov’tCode§87100, et seq.) Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCouncilmember,ofanyother fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.ThisHousehold HazardousWasteGrantProjectsupportstheCity’sHealthyCommunitygoalbyprovidingmore convenientlocationstoproperlydisposeofandrecyclehouseholdbatteriesandsingle-usegas cylindersthroughouttheCityandcomplementstheservicesprovidedattheRegionalHousehold HazardousWasteDrop-offFacility,locatedatthePublicWorksYard,1800MaxwellRoad,CV, 91911. CURRENT YEAR FISCAL IMPACT TheCalRecycleGrantwillsupportupto$14,725ofstafftimeassociatedwiththegrantoversite, projectplanningandimplementation,aswellas$75,275forcollectionequipmentandservice contracts. Any additional staff time will be supported by the Environmental Services budget. Approvaloftheresolutionwillresultintheappropriationof$90,000totheWasteManagement& Recycling Fund; project expenditures will be offset by this grant funding. ONGOING FISCAL IMPACT TherewillbenoongoingfiscalimpacttotheGeneralFundasaresultofthiswork.Thegrantproject workistobecompletedbyMarch2018.Anyongoingworkinthisareawillbesupportedbythe Environmental Services budget. ATTACHMENTS 1.ExhibitAHouseholdHazardousWasteGrantProgramHD25-FiscalYear2015-16Terms and Conditions City of Chula VistaPage 2 of 3Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 79 File#:15-0384, Item#: 7. 2.ExhibitBHouseholdHazardousWasteGrantProgramHD25-FiscalYear2015-16 Procedures and Requirements 3.AgreementCoverSheet.HouseholdHazardousWasteGrantProgramHD25-FiscalYear 2015-16 Grant (CalRecycle Form 110) Staff Contact: Lynn France, Environmental Services Manager City of Chula VistaPage 3 of 3Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 80 EXHIBIT A TERMS AND CONDITIONS Household Hazardous Waste Grant Program Fiscal Year 201516 The following terms used in this Grant Agreement (Agreement) have the meanings given to them below, unless the context clearly indicates otherwise: "CalRecycle" means the Department of Resources Recycling and Recovery. "Director" means the Director of CalRecycle or his or her designee. "Grant Agreement" and "Agreement" means all documents comprising the agreement between CalRecycle and the Grantee for this Grant. "Grant Manager" means CalRecycle staff person responsible for monitoring the grant. "Grantee" means the recipient of funds pursuant to this Agreement. "Program" means the Household Hazardous Waste Grant Program. "State" means the State of California, including, but not limited to, CalRecycle and/or its designated officer. AIR OR WATER POLLUTION VIOLATION The grantee shall not be: (a) In violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district. (b) Out of compliance with any final cease and desist order issued pursuant to Water Code Section 13301 for violation of waste discharge requirements or discharge prohibitions. (c) Finally determined to be in violation of provisions of federal law relating to air or water pollution. AMENDMENT No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph. AMERICANS WITH DISABILITIES ACT The grantee assures the state that it complies with the Americans with Disabilities Act of 1990 (ADA)(42 U.S.C.§ 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. ASSIGNMENT, SUCCESSORS, AND ASSIGNS (a) This Agreement may not be assigned by the grantee, either in whole or in part, without CalRecyc (b) The provisions of this Agreement shall be binding upon and inure to the benefit of CalRecycle, the grantee, and their respective successors and assigns. AUDIT/RECORDS ACCESS The grantee agrees that CalRecycle, the Department of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records CalRecycle Competitive Grant Terms and Conditions Revised 10/1/20141 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 81 and supporting documentation pertaining to the performance of this Agreement.The grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment date or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The grantee agrees to allow the designated representative(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the grantee agrees to include a similar right of the State to audit records and interview staff in any contract or subcontract related to performance of this Agreement. \[It may be helpful to share the Terms and Conditions and Procedures and Requirements with your finance department, contractors and subcontractors. Examples of audit documentation include, but are not limited to: expenditure ledger, payroll register entries and time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts, change orders, invoices, and/or cancelled checks.\] AUTHORIZED REPRESENTATIVE The grantee shall continuously maintain a representative vested with signature authority authorized to work with CalRecycle on all grant-related issues. The grantee shall, at all times, keep the Grant Manager informed as to the identity and contact information of the authorized representative. AVAILABILITY OF FUNDS CalRecycle's obligations under this Agreement are contingent upon and subject to the availability of funds appropriated for this grant. BANKRUPTCY/DECLARATION OF FISCAL EMERGENCY NOTIFICATION If the grantee files for protection under Chapter 9 of the U.S. Bankruptcy Code (11 U.S.C. §901 et seq.) or declares a fiscal emergency at any time during the Grant Term, the grantee shall notify CalRecycle within 15 days of such filing or declaration, pursuant to the procedures CHARTER CITIES If the grantee is a charter city, a joint powers authority that includes one or more charter cities, or the regional lead for a regional program containing one or more charter cities, the grantee shall not receive any grant funding if such funding is prohibited by Labor Code section 1782. If it is determined that Labor Code section 1782 prohibits funding for the grant project, this Agreement will be terminated and any disbursed grant funds shall be returned to CalRecycle. CHILD SUPPORT COMPLIANCE ACT For any agreement in excess of $100,000, the grantee acknowledges that: (a) The grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code Section 5200 et seq.; and CalRecycle Competitive Grant Terms and Conditions Revised 10/1/20142 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 82 (b) The grantee, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees, and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. COMMUNICATIONS All communications from the grantee to CalRecycle shall be directed to the Grant Manager. All notices, including reports and payment requests, required by this Agreement shall be given in writing by email, letter, or fax to the Grant Manager as identified in the Procedures and Requirements (Exhibit B).If an original document is required, prepaid mail or personal delivery to the Grant Manager is required following the email or fax. COMPLIANCE The grantee shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits. The grantee shall provide evidence, upon request, that all local, state, and/or federal permits, licenses, registrations, and approvals have been secured for the purposes for which grant funds are to be expended. The grantee shall maintain compliance with such requirements throughout the Grant Term. The grantee shall ensure that the requirements of the California Environmental Quality Act are met for any approvals or other requirements necessary to carry out the terms of this Agreement.The grantee shall ensure that all of g permits, licenses, registrations, certifications, and approvals required to perform the work for which they are hired.Any deviation from the requirements of this section shall result in non- payment of grant funds. CONFLICT OF INTEREST The grantee needs to be aware of the following provisions regarding current or former state employees. If the grantee has any questions on the status of any person rendering services or involved with this Agreement, CalRecycle must be contacted immediately for clarification. Current State Employees (Pub. Contract Code, § 10410): (a) No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of regular state employment. (b) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code, § 10411): (a) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. (b) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the twelve month period prior to his or her leaving state service. CalRecycle Competitive Grant Terms and Conditions Revised 10/1/20143 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 83 If the grantee violates any provisions of above paragraphs, such action by the grantee shall render this Agreement void. (Pub. Contract Code, § 10420). CONTRACTORS/SUBCONTRACTORS The grantee will be entitled to make use of its own staff and such contractors and subcontractors as are mutually acceptable to the grantee and CalRecycle. Any change in contractors or subcontractors must be mutually acceptable to the parties. Immediately upon termination of any such contract or subcontract, the grantee shall notify the Grant Manager. Nothing contained in this Agreement or otherwise, shall create any contractual relation between CalRecycle and any contractors or subcontractors of grantee, and no agreement with contractors or subcontractors shall relieve the grantee of its responsibilities and obligations hereunder. The grantee agrees to be as fully responsible to CalRecycle for the acts and omissions of its contractors and subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the grantee. The grantee's obligation to pay its contractors and subcontractors grantee. As a result, CalRecycle shall have no obligation to pay or to enforce the payment of any moneys to any contractor or subcontractor. COPYRIGHTS Grantee retains title to any copyrights or copyrightable material produced pursuant to this Agreement.Grantee hereby grants to CalRecycle a royalty-free, nonexclusive, transferable, world-wide license to reproduce, translate, and distribute copies of any and all copyrightable materials produced pursuant this Agreement, for nonprofit, non-commercial purposes, and to have or permit others to do so on CalRecycleGrantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to CalRecycle pursuant to this section. CORPORATION QUALIFIEDTO DO BUSINESS IN CALIFORNIA When work under this Agreement is to be performed in California by a corporation, the corporation shall be in good standing and currently qualified to do business in the State. "Doing business" is defined in Revenue and Taxation Code Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. DISCHARGE OF GRANT OBLIGATIONS The grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by CalRecycle. If the grantee is a non-profit entity, the g Board of Directors shall accept and certify as accurate the final report prior to its submission to CalRecycle. DISCLAIMER OF WARRANTY CalRecycle makes no warranties, express or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, regarding the materials, equipment, services or products purchased, used, obtained and/or produced with funds awarded under this Agreement, whether such materials, equipment, services or products are purchased, used, obtained and/or produced alone or in combination with other materials, equipment, services or products. No CalRecycle employees or agents have any right or authority to make any other representation, warranty or promise with respect to any CalRecycle Competitive Grant Terms and Conditions Revised 10/1/20144 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 84 materials, equipment, services or products, purchased, used, obtained, or produced with grant funds. In no event shall CalRecycle be liable for special, incidental or consequential damages arising from the use, sale or distribution of any materials, equipment, services or products purchased or produced with grant funds awarded under this Agreement. DISCRETIONARY TERMINATION The Director shall have the right to terminate this Agreement at his or her sole discretion at any time upon 30 days written notice to the grantee. Within 45 days of receipt of written notice, grantee is required to: (a) Submit a final written report describing all work performed by the grantee. (b) Submit an accounting of all grant funds expended up to and including the date of termination. (c) Reimburse CalRecycle for any unspent funds. DISPUTES In the event of a dispute regarding performance under this Agreement or interpretation of requirements contained therein, the grantee may, in addition to any other remedies that may be available, provide written notice of the particulars of such dispute to the Branch Chief of Financial Resources Management Branch, Department of Resources Recycling and Recovery, PO Box 4025, Sacramento, CA 95812-4025. Such written notice must contain the grant number. Unless otherwise instructed by the Grant Manager, the grantee shall continue with its responsibilities under this Agreement during any dispute. DRUG-FREE WORKPLACE CERTIFICATION The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California, that the grantee will comply with the requirements of the Drug- Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and will provide a drug-free workplace by taking the following actions: (a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions that will be taken against employees for violations. (b) Establish a drug-free awareness program to inform employees about all of the following: (1) The dangers of drug abuse in the workplace. (2) The grantee's policy of maintaining a drug-free workplace. (3) Any available counseling, rehabilitation, and employee assistance programs. (4) Penalties that may be imposed upon employees for drug abuse violations. (c) Require that each employee who works on the grant: (1) Receive a copy of the drug-free policy statement of the grantee. (2) Agrees to abide by the terms of such statement as a condition of employment on the grant. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if CalRecycle determines that the grantee has made a false certification, or violated the certification by failing to carry out the requirements as noted above. CalRecycle Competitive Grant Terms and Conditions Revised 10/1/20145 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 85 EFFECTIVENESS OF AGREEMENT This Agreement is of no force or effect until signed by both parties. ENTIRE AGREEMENT This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties. ENVIRONMENTAL JUSTICE In the performance of this Agreement, the grantee shall conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the state. EXPATRIATE CORPORATIONS The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California, that the grantee is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Sections 10286 and 10286.1, and is eligible to contract with the State of California. FAILURE TO PERFORM AS REQUIRED BY THIS AGREEMENT CalRecycle will benefit from the grantee's full compliance with the terms of this Agreement only by the grantee's: (a) Investigation and/or application of technologies, processes, and devices which support reduction, reuse, and/or recycling of wastes. (b) Cleanup of the environment. (c) Enforcement of solid waste statutes and regulations, as applicable. Therefore, the grantee shall be in compliance with this Agreement only if the work it performs results in: (a) Application of information, a process, usable data or a product which can be used to aid in reduction, reuse, and/or recycling of waste. (b) The cleanup of the environment. (c) The enforcement of solid waste statutes and regulations, as applicable. If the Grant Manager determines that the grantee has not complied with the Grant Agreement, the grantee may forfeit the right to reimbursement of any grant funds not already paid by CalRecycle, including, but not limited to, the 10 percent withhold. FORCE MAJEURE Neither CalRecycle nor the grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by CalRecycle or the grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party. FORFEIT OF GRANT FUNDS/REPAYMENT OF FUNDS IMPROPERLY EXPENDED If grant funds are not expended, or have not been expended, in accordance with this Agreement, or if real or personal property acquired with grant funds is not being used, or has not been used, for grant purposes in accordance with this Agreement, the Director, at his or CalRecycle Competitive Grant Terms and Conditions Revised 10/1/20146 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 86 her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the 10 percent withhold, and/or to repay to CalRecycle any funds improperly expended. GENERALLY ACCEPTED ACCOUNTING PRINCIPLES The grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures. GRANT MANAGER approving Grant Payment Requests and other documents delivered to CalRecycle pursuant to this Agreement. The Grant Manager may monitor grantee performance to ensure that the grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Manager does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements (Exhibit B), unless such authority is expressly stated in the Procedures and Requirements (Exhibit B). GRANTEE ACCOUNTABILITY The grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to CalRecycle, the grantee is responsible for repayment of the funds to CalRecycle. GRANTEE'S INDEMNIFICATION AND DEFENSE OF THE STATE The grantee agrees to indemnify, defend and save harmless the state and CalRecycle, and their officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the grantee as a result of the performance of this Agreement. GRANTEE'S NAME CHANGE A written amendment is required to change the grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change, CalRecycle will process the amendment. Payment of Payment Requests presented with a new name cannot be paid prior to approval of the amendment. IN CASE OF EMERGENCY In the event of an emergency, or where there is an imminent threat to public health and safety or the environment, the grantee may choose, at its own risk, to incur grant-eligible expenses not previously included in the approved Budget, subject to subsequent approval by the Grant Manager of both the Budget change and the need to implement the Budget change on an emergency basis. The grantee shall notify the Grant Manager of the emergency and the Budget change at the earliest possible opportunity. CalRecycle reserves the right to accept or reject the g CalRecycle Competitive Grant Terms and Conditions Revised 10/1/20147 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 87 or a threat to public health and safety or the environment. If the Grant Manager determines that the circumstances did not constitute an emergency or a threat to public health or safety, the Budget change will be disallowed. NATIONAL LABOR RELATIONS BOARD CERTIFICATION The person signing this Agreement on behalf of the grantee certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against the grantee within the immediately preceding two-year period because of the grantee's failure to comply with an order of a federal court which orders the grantee to comply with an order of the National Labor Relations Board. This section is not applicable if the grantee is a public entity. NO AGENCY RELATIONSHIP CREATED/INDEPENDENT CAPACITY The grantee and the agents and employees of grantee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of CalRecycle. NO WAIVER OF RIGHTS CalRecycle shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by CalRecycle. No delay or omission on the part of CalRecycle in exercising any rights shall operate as a waiver of such right or any other right. A waiver by CalRecycle of a provision of this Agreement shall not prejudice or constitute a waiver of CalRec other provision of this Agreement. No prior waiver by CalRecycle, nor any course of dealing between CalRecycle and gts or of any of g CalRecycle is required under this Agreement, the granting of such consent by CalRecycle in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of CalRecycle. NON-DISCRIMINATION CLAUSE (a) During the performance of this Agreement, grantee and its contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment on the bases enumerated in Government Code Section 12900 et seq. (b) The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California that the grantee has, unless exempted, complied with the nondiscrimination program requirements (Gov. Code, § 12990, subd. (a-f) and California Code of Regulations, Title 2, Section 8103). (Not applicable to public entities.) ORDER OF PRECEDENCE The performance of this grant shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Project Summary/Statement of Use, Work Plan, and Budget of this Agreement, or other combination of exhibits specified on the Grant CalRecycle-is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply: CalRecycle Competitive Grant Terms and Conditions Revised 10/1/20148 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 88 (a) Grant Agreement Coversheet and any Amendments thereto (b) Terms and Conditions (c) Procedures and Requirements (d) Project Summary/Statement of Use (e) Budget (f) Work Plan (g) (h) All other attachments hereto, including any that are incorporated by reference. OWNERSHIP OF DRAWINGS, PLANS, AND SPECIFICATIONS The grantee shall, at the request of CalRecycle or as specifically directed in the Procedures and Requirements (Exhibit B), provide CalRecycle with copies of any data, drawings, design plans, specifications, photographs, negatives, audio and video productions, films, recordings, reports, findings, recommendations, and memoranda of every description or any part thereof, prepared under this Agreement. Grantee hereby grants to CalRecycle a royalty-free, nonexclusive, transferable, world-wide license to reproduce, translate, and distribute copies of any and all such materials produced pursuant this Agreement, for nonprofit, non- commercial purposes, and to have or permit others to PAYMENT (a) The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Work Plan, if applicable, which is attached hereto and incorporated herein by this reference. CalRecycle shall reimburse the grantee for only the work and tasks specified in the Work Plan or the Grant Application at only those costs specified in the Budget and incurred in the term of the Agreement. (b) The grantee shall carry out the work described in the Work Plan or in the Grant Application in accordance with the approved Budget, and shall obtain the Grant project as described in the Grant Application or the approved Budget prior to performing the changed work or incurring the changed cost. If the grantee fails to obtain such prior written approval, the Director, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. (c) The grantee shall request reimbursement in accordance with the procedures described in the Procedures and Requirements. (d) Ten percent will be withheld from each Payment Request and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld pursuant to 10 percent retention policy. (e) Lodgings, Meals a amounts authorized in the California State Administrative Manual (contact the Grant Manager for more information). (f) Payment will be made only to the grantee. (g) Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements (Exhibit B). CalRecycle Competitive Grant Terms and Conditions Revised 10/1/20149 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 89 PERSONAL JURISDICTION The grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. PERSONNEL COSTS If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any personnel expenditures to be reimbursed with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for his or her regular job duties, including a proportionate share of any benefits to which the employee is entitled, unless otherwise specified in the Procedures and Requirements (Exhibit B). REAL AND PERSONAL PROPERTY ACQUIRED WITH GRANT FUNDS (a) All real and personal property, including equipment and supplies, acquired with grant funds shall be used by the grantee only for the purposes for which CalRecycle approved their acquisition for so long as such property is needed for such purposes, regardless of whether the grantee continues to receive grant funds from CalRecycle for such purposes. In no event shall the length of time during which such property, including equipment and supplies, acquired with grant funds, is used for the purpose for which CalRecycle approved its acquisition be less than five (5) years after the end of the grant term, during which time the property, including equipment and supplies, must remain in the State of California. (b) Subject to the obligations and conditions set forth in this section, title to all real and personal property acquired with grant funds, including all equipment and supplies, shall vest upon acquisition in the grantee. The grantee may be required to execute all documents required to provide CalRecycle with a security interest in any real or personal property, including equipment and supplies, and it shall be a condition of receiving this grant that CalRecycle shall be in first priority position with respect to the security interest on any such property acquired with the grant funds, unless pre-approved in writing by the Grant Manager that CalRecycle will accept a lower priority position with respect to the security interest on the property. Grantee shall inform any lender(s) from whom it is acquiring additional funding to complete the property purchase of this grant condition. (c) The grantee may not transfer Title to any real or personal property, including equipment and supplies, acquired with grant funds to any other entity without the express authorization of CalRecycle. (d) CalRecycle will not reimburse the grantee for the acquisition of equipment that was previously purchased with CalRecycle grant funds, unless the acquisition of such equipment with grant funds is pre-approved in writing by the Grant Manager. In the event of a question concerning the eligibility of equipment for grant funding, the burden will be on the grantee to establish the pedigree of the equipment. REASONABLE COSTS A cost is reasonable if, in its nature or amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. Consideration will be given to: CalRecycle Competitive Grant Terms and Conditions Revised 10/1/201410 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 90 (a) Whether the cost is of a type generally recognized as ordinary and necessary for the performance of the grant. (b)The restraints or requirements imposed by such factors as generally accepted sound business practices, arms-length bargaining, federal and state laws and regulations, and the terms and conditions of this Agreement. (c) Whether the individuals concerned acted with prudence in the circumstances, considering their responsibilities to the organization, its members, employees, clients, and the public at large. (d) Significant deviations from the established practices of the organization which may unjustifiably increase the grant costs. RECYCLED-CONTENT PAPER All documents submitted by the grantee must be printed double-sided on recycled-content paper containing 100 percent post-consumer fiber. Specific pages containing full color photographs or other ink-intensive graphics may be printed on photographic paper. REDUCTION OF WASTE In the performance of this Agreement, grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate. REDUCTION OF WASTE TIRES Unless otherwise provided for in this Agreement, in the performance of this Agreement, for all purchases made with grant funds, including, but not limited to equipment and tire-derived feedstock, the grantee shall purchase and/or process only California waste tires and California waste tire-derived products. As a condition of final payment under this Agreement, the grantee must provide documentation substantiating the source of the tire materials used during the performance of this Agreement to the Grant Manager. REIMBURSEMENT LIMITATIONS Under no circumstances shall the grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other CalRecycle funded program. All costs charged against the Agreement shall be net of all applicable credits. The term rs to those receipts or reductions of expenditures that operate to offset or reduce expense items that are reimbursable under this Agreement. Applicable credits may include, but are not necessarily limited to, rebates or allowances, discounts, credits toward subsequent purchases, and refunds. Grantee shall, where possible, deduct the amount of the credit from the amount billed as reimbursement for the cost, or shall deduct the amount of the credit from the total billed under a future invoice. CalRecycle Competitive Grant Terms and Conditions Revised 10/1/201411 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 91 REMEDIES Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not in limitation of, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy. SELF-NGTH TRANSACTIONS All expenditures for which reimbursement pursuant to this Agreement is sought shall be the -length transactions and not the result of, or motivated by, self-dealing on the part of the grantee or any employee or agent of the grantee. For purposes of this provision, - market forces are at play, such as when multiple vendors are invited to compete for an - involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended. SEVERABILITY If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement without affecting any other provision of this Agreement. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms. SITE ACCESS The grantee shall allow the state to access sites at which grant funds are expended and related work being performed at any time during the performance of the work and for ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. STOP WORK NOTICE Immediately upon receipt of a written notice from the Grant Manager to stop work, the grantee shall cease all work under this Agreement. TERMINATION FOR CAUSE CalRecycle may terminate this Agreement and be relieved of any payments should the grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, CalRecycle may proceed with the work in any manner deemed proper by CalRecycle. All costs to CalRecycle shall be deducted from any sum due the grantee under this Agreement. Termination pursuant to this section may result in forfeiture by the grantee of any funds retained pursuant 10 percent retention policy. TIME IS OF THE ESSENCE Time is of the essence to this Agreement. CalRecycle Competitive Grant Terms and Conditions Revised 10/1/201412 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 92 TOLLING OF STATUTE OF LIMITATIONS The statute of limitations for bringing any action, administrative or civil, to enforce the terms of this Agreement or to recover any amounts determined to be owing to CalRecycle as the result of any audit of the grant covered by this Agreement shall be tolled during the period of any audit resolution, including any appeals by the grantee to the Director. UNION ORGANIZING By signing this Agreement, the grantee hereby acknowledges the applicability of Government Code Sections 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and hereby certifies that: (a) No grant funds disbursed by this grant will be used to assist, promote, or deter union organizing by employees performing work under this Agreement. (b) If the grantee makes expenditures to assist, promote, or deter union organizing, the grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that grantee shall provide those records to the Attorney General upon request. UNRELIABLE LIST Prior to authorizing any contractor or subcontractor to commence work under this Grant, the grantee shall submit to CalRecycle a Reliable Contractor Declaration (CalRecycle 168) from the contractor or subcontractor, signed under penalty of perjury, disclosing whether of any of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the contractor or subcontractor within the preceding three (3) years. If a contractor is placed on CalRecycle Unreliable List after award of this Grant, the grantee may be required to terminate that contract. VENUE/CHOICE OF LAW (a) All proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder shall be held in Sacramento County, California. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred isSacramento County, California. (b) The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. WAIVER OF CLAIMS AND RECOURSE AGAINST THE STATE The grantee agrees to waive all claims and recourse against the state, its officials, officers, agents, employees, and servants, including, but not limited to, the right to contribution for loss or damage to persons or property arising out of, resulting from, or in any way connected with or incident to this Agreement. This waiver extends to any loss incurred attributable to any activity undertaken or omitted pursuant to this Agreement or any product, structure, or condition created pursuant to, or as a result of, this Agreement. WORK PRODUCTS Grantee shall provide CalRecycle with copies of all final products identified in the Work Plan. Grantee shall also provide CalRecycle with copies of all public education and advertising material produced pursuant to this Agreement. CalRecycle Competitive Grant Terms and Conditions Revised 10/1/201413 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 93 N/LABOR CODE The grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the Labor Code, and the grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement. CalRecycle Competitive Grant Terms and Conditions Revised 10/1/201414 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 94 EXHIBIT B PROCEDURES AND REQUIREMENTS HOUSEHOLD HAZARDOUS WASTE GRANT PROGRAM HD25 Cycle Fiscal Year 201516 Copies of these Procedures and Requirements should be shared with BOTH the Finance Department AND the staff responsible for implementing the grant activities. INTRODUCTION The Household Hazardous Waste Grant Program is administered through the Department of Resources Recycling and Recovery (CalRecycle). These Procedures and Requirements describe project and reporting requirements, report due dates, report contents, grant payment conditions, eligible and ineligible project costs, project completion and closeout procedures, records and audit requirements. This document is attached to, and incorporated by reference, into the Grant Agreement. MILESTONES September 2015Grant Term beginson date indicated on the Notice to Proceed (NTP) June 29, 2016Progress Report1Due (Covering activities fromthe NTP date through this date) June 28, 2017Progress Report 2 Due (Covering activities from June 29,2016 through this date) March 28, 2018Grant Term Ends. Final Progress Report and final Payment Request Due. All costs must be incurred by this date. No extensions will be granted for submittal of Final Progress Report and final Payment Request. Failure to submit the Final Progress Report and final Payment Request with appropriate documentation by March 28, 2018 may result in rejection of the Payment Request and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding. GRANT MANAGEMENT SYSTEM (GMS) -based grant application and grant management system. Access to GMS is secure; grantees must log in using a WebPass. WebPass accounts are tied to a specific email address. If an email address changes, or if it becomes inactive, the grantee must create a new WebPass account to continue accessing GMS. Establish or manage a WebPass at (https://secure.calrecycle.ca.gov/WebPass/). Accessing the grant Grantees must log into GMS (https://secure.calrecycle.ca.gov/Grants) using their web My Awarded/Open Grants pass. After login, locate the grant in the table and select Grant ManagementGrant ManagementModule the button. The includes the following sections: Summary tab shows approved budget, paid and remaining amounts. (This section is available to the grantee in read-only mode.) Household Hazardous Waste Grant Program, FY 201516 1 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 95 Payment Request tab - requests reimbursement. Reports tab- uploads required reports. Documentstab uploads other grant documents that are not considered supporting documents to a payment request or a report. This section also provides access to documents that were uploaded within other sections of GMS. Sites tab lists approved project sites. Follow the instructions in GMS to work in the system. Use the information in the following sections to determine what reports, transactions, and supporting documents are required. Contact Updates ContactsApplication Access to the grant is limited to those listed in the tab of the Module with the access check box marked. A contact may be listed but not granted access by not checking the box. Please note, if a contact is granted access to a grant they will be able to edit contacts, submit payment requests, upload reports, and view all documents. Those with access may update contact information for all contact types except Signature Authority. Email the assigned Grant Manager regarding any changes to Signature Authority information. PRIOR TO COMMENCING WORK Prior to commencing work under this grant, the grantee contact and authorized grant Signature Authority should review the Terms and Conditions (Exhibit A) and the Procedures and Requirements (Exhibit B) to identify key grant administrative requirements. Evaluation of the grantee requirements is a major focus of grant audits. Reliable Contractor Declaration Prior to authorizing a contractor(s) to commence work under this grant, the grantee shall submit to the Grant Manager a declaration from the contractor(s), signed under penalty of perjury, stating that within the preceding three (3) years, none of the events listed in Section 17050 of Title 14 (www.calrecycle.ca.gov/Laws/Regulations/Title14/ch1.htm#ch1a5), California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the contractor(s) and the subcontractor(s), respectively. If a (sub) contractor is placed on the CalRecycle Unreliable List after award of this grant, the grantee may be required to terminate that contract. Obtain the Reliable Contractor Declaration form (CalRecycle 168) from (www.calrecycle.ca.gov/Funding/Forms). A scanned copy of the signed Reliable Contractor Declaration form must be uploaded in GMS. To upload the form: Reports 1. Go to the tab. Reliable Contractor DeclarationReport Type 2. Click on under . Add Document 3. Click the button. Document Type 4. Select Reliable Contractor Declaration in the drop down box, Browse enteradocument title, click the button to search and upload the Save document, and then . Submit Report 5. Click on the button. Household Hazardous Waste Grant Program, FY 201516 2 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 96 For further instructions regarding GMS, including login directions, see the section above titled Grant Management System. GRANT TERM The Grant Term begins on the date indicated in the NTP. The Grant Term ends on March 28, 2018. This is also the date the Final Progress Report and final Payment Request are due to CalRecycle. Grant-eligible program expenditures may start no earlier than the date indicated in the NTP. Eligible program costs must be incurred no later than March 28, 2018. CalRecycle recommends reserving the period from March 1, 2018 to March 28, 2018 exclusively for the preparation of the Final Progress Report and final Payment Request, Costs incurred to prepare the Final Progress though they may be completed earlier. Report and final Payment Request are only eligible for reimbursement during the Grant Term. ELIGIBLE COSTS All grant expenditures must be for activities, products, and costs specifically included in the approved Work Plan and approved Budget. Eligible costs must be incurred, services provided and goods received after receiving a NTP and before the end of the Grant Performance Period. Any proposed revision(s) to the Work Plan and/or Budget must be submitted in writing and pre-approved in writing by the Grant Manager prior to grantee incurring the proposed expenditure. The approval document should be retained by the grantee for audit purposes. See Audit Record/Access section of the Terms and Conditions (Exhibit A). Eligible costs are limited to the following: HHW public education and outreach for general audiences (may include extended producer responsibility information). new Implementation of and sustainable extended producer responsibility collection opportunities, to include but not limited to: Promotion of an ongoing retail take-back program such as batteries or o fluorescent lamps at local hardware stores, businesses, or government facilities. Promotional collection events hosted at businesses or government facilities. o Promotional public education and outreach materials specifically for local o retail take-back programs. Set-up and operation of temporary or mobile collection program for one-day or multi-day collection events. Minor improvements to an existing HHW facility. (Examples include but are not limited to: storage bins, signage, painting, paving, shelving, etc.) Purchase of personal protection equipment and/or 8-hour refresher Hazardous Waste Operations and Emergency Response Standards (HAZWOPER) training. Indirect costs up to 10 percent of the total grant funds that have been reimbursed. Household Hazardous Waste Grant Program, FY 201516 3 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 97 INELIGIBLE COSTS Any costs not specifically included in the approved Budget and not directly related to HHW and the approved grant project are ineligible for reimbursement. Contact the Grant Manager if clarification is needed. Ineligible costs include, but are not limited to: Costs incurred prior to the date of the NTP letter or after March 28, 2018. Costs for planning and/or design of HHW facilities. Costs to maintain an existing HHW program. Developing or expanding a permanent facility on non-government owned property. Any costs, equipment or services not related to the project. Management, handling, disposal, or treatment of radioactive, explosive, or medical wastes. Management, handling, disposal, treatment or purchase of propane tanks, canisters, or cylinders. Personnel costs not related to the project. Public education and outreach not related to the project. Purchase or lease of land. Travel costs exceeding the state-approved rates for mileage, per diem, lodging, etc. Promotion of either brand-name product(s) or private businesses with grant funds. Costs deemed unreasonable or not related to the grant project by the Grant Manager. Expenses for audits of the g. Fines or penalties due to violation of federal, state or local laws, ordinances, or regulations. Any food or beverages (e.g., as part of meetings, workshops or events). Hazardous Waste Operations and Emergency Response Standards (HAZWOPER) 40-hour and 24-hour courses. Honoraria, stipends, prizes, royalties, etc. Movie theater screen advertising. Out-of-state travel. Overtime costs/Compensated Time Off (except for local government staffing during specially scheduled evening or weekend events when law or labor contract requires overtime compensation). INDIRECT COST Indirect costs can be claimed by the grantee. The following guidelines must be used when claiming these costs. The total cost of indirect cost charged to the grant shall not exceed ten (10) percent of the grant funds reimbursed. These costs are expenditures not capable of being assigned or not readily itemized to a particular project or activity, but considered necessary for the operation of the organization and the performance of the program. The costs of operating and maintaining facilities, accounting services, and administrative salaries are examples of indirect costs. All indirect costs charged to the grant must be associated with grant activities as shown in the approved Budget. Household Hazardous Waste Grant Program, FY 201516 4 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 98 Direct costs charged directly to the grant shall not be included in the indirect cost formula. Supervision performed by managers and supervisors can be included in the indirect cost formula, and therefore, will not be a direct charge to the grant. On the other hand, if a manager or supervisor performs an activity that is directly related to the execution of the grant (not supervision), costs associated with this activity may be included as a direct charge. Such activity must be clearly supported by appropriate documentation and shall not be charged to the grant as indirect cost. The grantee must maintain organized and accurate records that follow generally accepted accounting principles and leave an audit trail. The grantee must provide access to all documents related to the grant program and fiscal operation of the grant program as deemed necessary by CalRecycle. If you are uncertain whether a given cost is considered an indirect cost, contact the Grant Manager. GRAPHICS HHW-related graphics are available at www.calrecycle.ca.gov/UsedOil/graphics/HHWArt/. For large equipment - a CalRecycle sticker (bumper sticker size) that displays the pieces of equipment purchased with grant funds. When submitting the Final Report, a photograph of this equipment should include the affixed sticker. CalRecycle stickers are available at no cost by contacting the Grant Manager. RETENTION OF PUBLIC EDUCATION For audit purposes, grantees are required to retain samples of all publicity and education materials for three years AFTER the close of the Grant Term, or a longer period if warranted to resolve any issues with this grant. (See Audit/Records Access Section in Terms and Conditions, Exhibit A.) ACKNOWLEDGEMENTS The grantee whole or in part, by this Agreement are publicized in any medium, including news media, brochures, or other types of promotional materials. The acknowledgement of Initials or abbreviations for CalRecycle shall not be used. The Grant Manager may approve deviation from this requirement on a case-by-case basis. REPORTING REQUIREMENTS Two Progress Reports and a Final Progress Report are required by this Agreement; however, the Grant Manager may request a Progress Report at any time during the Grant Term. The Progress Report Forms are located in the Resources section of the Summary Tab in GMS All reports must be uploaded in GMS.For further instructions regarding GMS, including login directions, see the section above entitled, Grant Management System. To upload a report: Reports 1. Go to the tab. 2. Click on the appropriate Report Type. Household Hazardous Waste Grant Program, FY 201516 5 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 99 Add Document 3. Click on the button. Browse 4. Choose the Document Type, enter adocument title, click the button to Save search and upload the document, and then . You may upload multiple documents to complete reporting requirements. The maximum allowable file size is 35MB. Submit 5. Click the button when the report is complete. The reports must be current, include all required sections and documents, and must be approved by the Grant Manager before any Payment Request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and may result in the termination of this Agreement or rejection of the Payment Request and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding.Any problems or delays must be reported immediately to the Grant Manager. PROGRESS REPORTS Progress Report 1 The grantee must submit by June 29, 2016. This report should cover grant activities that occurred from the NTP date through this date.The Progress Report forms are located in the Resources section of the Summary Tab in GMS. Progress Report 2 must be submitted by June 28, 2017. This report should cover the grant activities that occurred from the Progress Report 1 to this date. FINAL PROGRESS REPORT The Final Progress Report March 28, 2018. is dueThis report should cover grant from the activities previous Progress Report through the grant term end date March 28, 2018. GRANT PAYMENT INFORMATION 1. Payment to the grantee for eligible grant expenses is made on a reimbursement basis only and for only those materials and services specified in the approved grant application. 2. A Payment Request Reimbursement request must be accompanied bya Progress Report or may be submitted with a scheduled Progress Report and the Final Progress Report. 3. The grantee must submit a completed Grant Payment Request (CalRecycle 87) . 4. responsibility to pay all contractors and subcontractors for purchased goods and services. 5. Ten percent of each approved Grant Payment Request will be withheld and retained until all conditions stipulated in the Agreement, including submission and Grant Manager approval of the Progress and/or Final Progress Report, have been satisfied. Reimbursement of the ten percent retention must be requested in the final Grant Payment Request. 6. CalRecycle will make payments to the grantee as promptly as fiscal procedures permit. The grantee can typically expect payment approximately 45 days from the date a Grant Payment Request is approved by the Grant Manager. Household Hazardous Waste Grant Program, FY 201516 6 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 100 7. The grantee must provide a Reliable Contractor Declaration (CalRecycle 168) (http://www.calrecycle.ca.gov/Funding/forms/) signed under penalty of perjury by (Exhibit A). The declaration must be received and approved by the Grant Manager prior to commence (Exhibit A) for more information. PAYMENT REQUEST AND DOCUMENTATION Payment requests must be submitted in GMS. For further instructions regarding GMS, including login directions, see the section above entitled, Grant Management System. To submit a Grant Payment Request: Payment Request 1. Go to the tab. Create a Payment Request 2. Click on the button. Reimburse Choose for the Transaction Type and enter the amount spent in each budget sub category. Save When the transaction is complete, click the button. Upload Supporting Documentation After the transaction is saved, the button will appear in the lower right corner. Upload Supporting Documentation 3. Click the button. Browse Choose the Document Type, enter adocument title, click the button Save to search and upload the document, and then . Back Select the button to upload another document and continue this process until all required supporting documents as listed below are uploaded. The maximum allowable file size for each document is 35MB. Submit Transaction 4. Click the button, located on the transaction page, to complete your payment request (including uploading all the documents listed below). Supporting Documentation Grant Payment Request formoriginal A. A scanned copy of the .Mail only the Grant Payment Request form (CalRecycle 87), with the original signature of Letter of Commitment to: Via standard mail:Via courier/personal delivery: Department of Resources Recycling Department of Resources Recycling and Recoveryand Recovery HHW Grant ProgramHHW Grant Program thth FiRM Branch, 9FloorFiRM Branch, 9Floor P.O. Box 40251001 I Street Sacramento, CA 95812-4025Sacramento, CA 95814 *A designee may sign on behalf of the grantee if a) authorized by the Resolution or Letter of Commitment, and b) a Letter of Designation has been provided to the Grant Manager. B. Expenditure Itemization Summary (EIS CalRecycle 667) All expenditures must be itemized and arranged by the reporting and expenditure categories as contained in the g Household Hazardous Waste Grant Program, FY 201516 7 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 101 C. Each EIS must be accompanied by supporting documentation for each line item expense (see below). The grantee should retain the original documents. It must include the following certification: that the above information is correct and that all funds received have been expended D. Pertinent documentation must be submitted with the EIS to substantiate all expenses claimed on the EIS. For audit purposes, the grantee should retain this documentation for a minimum of three (3) years after the end of the grant term (see Audit/Records Access in the Terms and Conditions, Exhibit A). Types of acceptable documentation include, but are not limited to: a) Invoices. number, address, description of goods or services purchased, amount due, and date. If there is more than one invoice from a vendor, list them separately on the EIS and include invoice numbers. The claimed expenses should be highlighted and identified with applicable task number on each invoice. b) Receipts. Receipts should include the same information as invoices (see above). c) Purchase orders. Purchase orders should include the same information as invoices and receipts. d) Proof of payment must accompany each invoice, purchase order. (e.g., copies of cancelled checks, government payment records, stamped PAID invoices with appropriate vendor information, other proof that complies with federal and state audit standards). e) Personnel Expenditure Summary (CalRecycle 165 or gversion). Document personnel expenditures based on actual time spent on grant activities and actual amounts paid to personnel (these forms are not required if you have an alternate time reporting method pre-approved by your Grant Manager). f) Travel Expense Log Form (CalRecycle 246 or g Document costs related to travel and mileage at the state rate with supporting documentation. All forms listed above can be downloaded from the CalRecycle Grant Forms website (http://www.calrecycle.ca.gov/Funding/Forms). AUDIT CONSIDERATIONS The grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant subject to possible audit for a minimum of three (3) years after final payment date or Grant Term end date, whichever is later. A longer period of records retention may be stipulated in order to complete any action and/or resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. Examples of audit documentation include, but are not limited to, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks. Please refer to the Terms and Conditions (Exhibit A) for more information. Household Hazardous Waste Grant Program, FY 201516 8 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 102 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 103 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 104 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT FROM CALRECYCLE’S LOCAL GOVERNMENT HOUSEHOLD HAZARDOUS WASTE DISCRETIONARY GRANT PROGRAM, APPROPRIATING $90,000 TO THE WASTE MANAGEMENT AND RECYCLING FUND,AND AUTHORIZING THE PUBLIC WORKS DIRECTOR OR DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS AND IMPLEMENT PROJECTS FUNDED BY THE GRANT WHEREAS, California Public Resources Code sections 40000et seq. authorize the of Resources and Recovery (CalRecyle) to administer various grant Department programs in furtherance of the State of California's efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding and management of the grants; and WHEREAS, the City received a grant award from CalRecycle of $90,000 for the household hazardous waste discretionary grant program for Grant Cycle2015-16; and WHEREAS, these fundsare providedto collect and properly dispose of household batteries andsingle-use gas cylinders via collection receptacles at retail sites and other convenient locations throughout the city. NOW, THEREFORE, BE IT RESOLVEDby the City Council of the City of Chula Vista that it accepts the grant award in the amount of $90,000 from CalRecycle and appropriates $90,000 to the Supplies and Services($70,725)and Other Expenses ($19,275)categories of theWaste Management and Recycling Fund. BE IF FURTHER RESOLVEDby the City Council of the City of Chula Vista, that it authorizes the Public Works Director or Designee to execute all grant documents and implement projects funded by the grant. Presented byApproved as to form by _____________________________________________________ Richard HopkinsGlen R. Googins Director of Public WorksCity Attorney ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 105 City of Chula Vista Staff Report File#:15-0468, Item#: 8. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAMENDINGTHEFISCAL YEAR2015-16EQUIPMENTREPLACEMENTFUNDBUDGETTOINCREASEOUTFITTING COSTSFORTHEREPLACEMENTOFBATTALIONCHIEFRESPONSEVEHICLESAND APPROPRIATING FUNDS THEREFOR(4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY TheFireDepartmentreceivedapprovaltoreplacetwobattalionchiefresponsevehicles.Although fundstoreplacethesevehicleshavebeenallocatedinthebudget,staffhasbeeninformedthatan additional$87,324willberequiredtocompletethevehicleoutfittingbeforethesevehiclescanbeput intoservice.Staffisrecommendinganappropriationof$87,324fundedfromtheavailablebalanceof theEquipmentReplacementFundandtheappropriationofinsuranceproceedsrevenuestofund these costs. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”in accordancewithSection15378(b)(4)oftheStateCEQAbecauseitwillnotresultinaphysical changeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION DISCUSSION TheFireDepartmentreceivedapprovaltoreplacetwobattalionchiefresponsevehicles.Thefirstof thevehicles(Battalion52)beingreplaced,isduetoatrafficaccidentthatresultedinatotallossof thevehicle.Thereplacementforthelostvehiclewasacquiredfor$44,000throughtheEquipment ReplacementFund.Thiscostwaspartiallyoffsetbyinsuranceproceeds.TheCityisanticipatingan additional$40,000fromtheinsurancecompanytofurtheroffsetthevehicleoutfittingcosts.Staffis requestinganappropriationof$67,324totheEquipmentReplacementFundCapitalexpense categoryfortheoutfittingcostsforthisvehicle.Thesecostswerenotappropriatedatthetimethe vehicle was purchased as the funding source had not been identified. AspartoftheinsurancesettlementforthelossoftheBattalion52vehicle,theCityrecovered $25,000fromtheotherparty’sinsurancecompanythatwasinvolvedintheaccidentthatresultedin theCity’sloss.StaffisrequestingtoappropriatetheproceedstotheOtherExpensescategoryofthe Equipment Replacement Fund in order to reimburse the City’s insurance company. City of Chula VistaPage 1 of 2Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 106 File#:15-0468, Item#: 8. Thesecondvehicle(Battalion51)isalsobeingreplacedthroughtheEquipmentReplacementFund duetoageandhighmileage.Thefiscalyear2015-16budgetincludes$125,000forthispurchase. However,staffisrequestinganadditional$20,000appropriationtotheEquipmentReplacement Fund Capital Expense category to complete the outfitting costs for this vehicle. Thesebudgetamendmentswillresultina$112,324increasetothe2015-16Equipment ReplacementFundbudgetandareoffsetby$65,000inrevenuesfrominsurancereimbursements. Thenetresultisanegative$47,324impacttotheEquipmentReplacementFund.Thereare sufficientfundsintheEquipmentReplacementFundreservesforthisappropriation.Theactual impact to the Equipment Replacement Fund will depend on the final insurance reimbursement. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18705.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100, etseq.).Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Havingreliable vehiclesallowstheFireDepartmenttoachieveoperationalexcellenceandmaintainahealthy community through its service delivery. CURRENT YEAR FISCAL IMPACT Ifapproved,thisrecommendationwillresultina$87,324appropriationtotheCapitalExpense categoryanda$25,000appropriationtotheOtherExpensescategoryoftheEquipment ReplacementFund.Theseappropriationsareoffsetby$65,000ofinsurancereimbursements resultinginanegative$47,324impacttotheEquipmentReplacementFund.Therearesufficient funds in the Equipment Replacement Fund reserves for this appropriation. ONGOING FISCAL IMPACT Ongoing vehicle maintenance costs will be included in subsequent fiscal year operating budgets. ATTACHMENTS None Staff Contact: Pablo Quilantan, Fiscal & Management Analyst Silvia Cosio, Senior Management Analyst City of Chula VistaPage 2 of 2Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 107 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTAAMENDING THE FISCAL YEAR 2015-16 EQUIPMENT REPLACEMENT FUND BUDGET TO INCREASE OUTFITTING COSTS FOR THE REPLACEMENT OF BATTALION CHIEF RESPONSE VEHICLES AND APPROPRIATING FUNDS THEREFOR WHEREAS,the Fire Department received approval to replace two battalion chief response vehicles; and WHEREAS, staff has been informed that an additional $87,324 will be required to complete the vehicle outfitting before these vehicles can be put into service; and WHEREAS, the first of these vehicles is being replaced as result of a traffic accident that resulted in a total loss and the second vehicle is being replaced due to high mileage and age;and WHEREAS, as part of the insurance settlement for the vehicledeclared a total loss, the City recovered $25,000 from the other party’s insurance company that was involvedin the traffic accident;and WHEREAS,staff is requesting to appropriate the $25,000 of insurance proceeds to the Other Expenses category of the Equipment Replacement Fund in order to reimburse the City’s insurance company;and WHEREAS,combined with the equipment costs, these budget amendments will result in an $112,324 increase to the fiscal year 2015/16 Equipment Replacement Fund’sbudget and are offset by $65,000 in revenues from insurance reimbursements resulting in a fiscal impact of $47,324 to the Equipment Replacement Fund; and WHEREAS,there are sufficient funds in the Equipment Replacement Fund reserves for this appropriationwith the actual impact to the Equipment Replacement Fund to depend on the final insurance reimbursement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it amends the fiscal year 2015/16budget and appropriates $87,324 to the Capital Expenditurescategory and $25,000 to the Other Expenses category of the Equipment Replacement Fundto be partially offset by $65,000 in revenues. ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 108 Presented byApproved as to form by Maria KachadoorianGlen R. Googins Deputy City ManagerCity Attorney ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 109 City of Chula Vista Staff Report File#:15-0476, Item#: 9. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAURGINGTHESTATETO PROVIDENEWSUSTAINABLEFUNDINGFORSTATEANDLOCALTRANSPORTATION INFRASTRUCTURE RECOMMENDED ACTION Council adopt the resolution. SUMMARY GovernorEdmundG.Brown,Jr.hascalledanExtraordinarySessiononTransportationand InfrastructuretoaddresstheimmenseunderfundingofCalifornia’sroadsandhighways.OnJuly16, 2015,theLeagueofCaliforniaCities’BoardofDirectorsformallyadoptedaresolutionurging GovernorJerryBrownandthelegislaturetoprovidenewsustainablefundingforstateandlocal transportation infrastructure. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378(b)(4)oftheStateCEQAGuidelinesbecausetheproposalconsistsofa governmentalfiscalactivitywhichdoesnotinvolveanycommitmenttoanyspecificproject,which mayresultinapotentiallysignificantimpactontheenvironment.Therefore,pursuanttoSection 15060(c)(3)oftheStateCEQAGuidelinestheactivityisnotsubjecttoCEQAreview.Although environmentalreviewisnotrequiredatthistime,oncethescopeofindividualprojectstobefunded throughthisrevenuesourcehavebeendefined,environmentalreviewwillberequiredforeach project and the appropriate environmental determination will be made. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION California’snetworkofroadsandhighwaysarecriticaltoourqualityoflifeandeconomy.However, thestatelacksadequatefundingtofixcrumblingroads,highways,bridgesandtransportation infrastructure. The condition of the deteriorating network of roads is staggering: •California’scrumblingroadscostmotoristsnearly$600ayearperdriverforvehicle maintenance. •California has the second highest share of roads in “poor condition” in the nation. •58% of state roads need rehabilitation or pavement maintenance. •California has 6 of 10 cities with the worst road conditions in the nation. •55% of local bridges require rehabilitation or replacement. •Nearly 70% of California’s urban roads and highways are congested. •Without additional funding, 1/4 of local streets and roads will be in failed condition by 2024. City of Chula VistaPage 1 of 4Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 110 File#:15-0476, Item#: 9. The state lacks adequate funding to address these critical deficiencies: •Localstreetsandroadsfaceanestimatedshortfallof$78billionindeferredmaintenanceand an annual shortfall of $7.8 billion. •CalTransfacesa$59billionbacklogindeferredmaintenanceandanannualshortfallinthe State Highway Operation and Protection Program (SHOPP) of $5.7 billion. GovernorEdmundG.Brown,Jr.hascalledanExtraordinarySessiononTransportationand InfrastructuretoaddresstheimmenseunderfundingofCalifornia’sroadsandhighways.Citiesand countiesownandoperatemorethan81%ofstreetsandroadsthroughoutthestateandhave participatedineffortstostudyunmetfundingneedsandpotentialsolutions.The2014California StatewideLocalStreetsandRoadsNeedsAssessment,providingcriticalanalysisandinformationon thelocaltransportationnetwork’sconditionandfundingneeds,predictsatcurrentfundinglevels continuedsignificantdeclineoflocalstreetsandroadsoverthenexttenyears,deterioratingata morerapidpaceandrequiringmorecostlyrehabilitationandrebuildingratherthanmorecost- effective preventative maintenance. OnJuly16,2015,theLeagueofCaliforniaCities’BoardofDirectorsformallyadoptedaresolution urgingGovernorJerryBrownandthelegislaturetoprovidenewsustainablefundingforstateand localtransportationinfrastructure.TheLeagueandmanycitieshavebeenactivelyadvocatingthis year for a significant investment in transportation infrastructure. Abroadcoalitionofcities,counties,labor,business,publicsafetyandtransportationadvocateshas formedtomeettheGovernor’scalltoaddressCalifornia’schronictransportationinfrastructure fundingshortfall.Duringthe2015specialsessionontransportation,thecoalitionsupportsthe following priorities: 1.Makeasignificantinvestmentintransportationinfrastructure.Anypackageshouldseekto raiseatleast$6billionannuallyandshouldremaininplaceforatleast10yearsoruntilanalternative method of funding our transportation system is agreed upon. 2.Focusonmaintainingandrehabilitatingthecurrentsystem.RepairingCalifornia’sstreetsand highwaysinvolvesmuchmorethanfixingpotholes.Itrequiresmajorroadpavementoverlays,fixing unsafebridges,providingsafeaccessforbicyclistsandpedestrians,replacingstormwaterculverts, aswellasoperationalimprovementsthatnecessitatetheconstructionofauxiliarylanestorelieve trafficcongestionchokepointsandfixingdesigndeficienciesthathavecreatedunsafemergingand othertraffichazards.Effortstosupplyfundingfortransitinadditiontofundingforroadsshouldalso focus on fixing the system first. 3.Equalsplitbetweenstateandlocalprojects.Wesupportsharingrevenueforroadway maintenanceequally(50/50)betweenthestateandcitiesandcounties,giventheequally-pressing fundingneedsofbothsystems,aswellasthelongstandinghistoricalprecedentforcollecting transportationuserfeesthroughacentralizedsystemandsharingtherevenuesacrosstheentire networkthroughdirectsubventions.Ensuringthatfundingtolocalgovernmentsisprovideddirectly, without intermediaries, will accelerate project delivery and ensure maximum accountability. 4.Raiserevenuesacrossabroadrangeofoptions.ResearchbytheCaliforniaAllianceforJobs City of Chula VistaPage 2 of 4Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 111 File#:15-0476, Item#: 9. andTransportationCaliforniashowsthatvotersstronglysupportincreasedfundingfortransportation improvements.Theyaremuchmoreopentoapackagethatspreadspotentialtaxorfeeincreases acrossabroadrangeofoptions,includingfueltaxes,licensefees,andregistrationfees,ratherthan justonesource.Additionally,anypackageshouldmoveCaliforniatowardanall-userspaystructure, inwhicheveryonewhobenefitsfromthesystemcontributestomaintainingit-fromtraditional gasoline-fueled vehicles, to new hybrids or electric vehicles, to commercial vehicles. 5.Investaportionofdieseltaxand/orcap&traderevenuetohigh-prioritygoodsmovement projects.Whilethefocusofatransportationfundingpackageshouldbeonmaintainingand rehabilitatingtheexistingsystem,Californiahasacriticalneedtoupgradethegoodsmovement infrastructurethatisessentialtooureconomicwell-being.Establishingaframeworktomake appropriateinvestmentsinmajorgoodsmovementarteriescanlaythegroundworkforgreater investments in the future that will also improve air quality and reduce greenhouse gas emissions. 6.Strongaccountabilityrequirementstoprotectthetaxpayers’investment.Votersandtaxpayers mustbeassuredthatalltransportationrevenuesarespentresponsibly.Localgovernmentsare accustomedtoemployingtransparentprocessesforselectingroadmaintenanceprojectsaidedby pavementmanagementsystems,aswellasreportingontheexpenditureoftransportationfunds through the State Controller’s Local Streets and Roads Annual Report. 7.ProvideConsistentAnnualFundingLevels.Undercurrentstatute,theannualgastax adjustmentbytheBoardofEqualizationiscreatingextremefluctuationsinfundinglevels-a$900 milliondropinthisbudgetyearalone.Atransportationfundingpackageshouldcontain legislationthatwillcreatemoreconsistentrevenueprojectionsandallowCaltransand transportation agencies the certainty they need for longer term planning. Inlightongoinginfrastructureneeds,Citystaffrecommendsapprovaloftheresolutionsupportingthe effort to urge the state to find new funding for transportation infrastructure. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18705.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCouncilmember,ofanyother fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Theactionsupports theStrongandSecureNeighborhoodStrategy.Theactionhelpsfinancetheconstructionand upgradingofpublicinfrastructure,whichisakeyCityfunctioninprovidingasafeandefficient roadway system for residents, businesses and visitors. City of Chula VistaPage 3 of 4Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 112 File#:15-0476, Item#: 9. CURRENT YEAR FISCAL IMPACT ApprovaloftheresolutionwillresultinnonetfiscalimpacttotheCity’sGeneralFundinthecurrent fiscalyear.Ifnewfundsaregranted,staffwillreturntoCouncilwitharecommendationto appropriate said funds into the Capital Improvement Program (CIP) projects. ONGOING FISCAL IMPACT Thereisnoongoingfiscalimpactatthistime.Theproposedlegislationamendmentwillprovidea moreconsistentrevenueprojectionandallowCaltransandlocalagenciesthecertaintytheyneedfor longertermplanning.UponcompletionofCIPprojects,theimprovementswillrequireonlyroutine Citystreetmaintenance.Sincetheimprovementsareanticipatedtoincreasethelifeofthestreets included, there should be a positive long term fiscal impact. ATTACHMENTS 1.Resolution Staff Contact: Francisco X. Rivera P.E., T.E. City of Chula VistaPage 4 of 4Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 113 RESOLUTION NO. 2015- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA URGING THE STATE TO PROVIDE NEW SUSTAINABLE FUNDING FOR STATE AND LOCAL TRANSPORTATION INFRASTRUCTURE WHEREAS, Governor Edmund G. Brown, Jr. has called an extraordinary session to address the immense underfunding of California’s transportation infrastructure; and WHEREAS, cities and counties own and operate more than 81 percent of streets and roads in California, and from the moment we open our front door to drive to work, bike to school, or walk to the bus station, people are dependent upon a safe, reliable local transportation network; and WHEREAS, the City of Chula Vista has participated in efforts with the California State Association of Counties, League of California Cities, and California’s Regional Transportation Planning Agencies to study unmet funding needs for local roads and bridges, including sidewalks and other essential components; and WHEREAS, the resulting 2014 California Statewide Local Streets and Roads Needs Assessment, which provides critical analysis and information on the local transportation network’s condition and funding needs, indicates that the condition of the local transportation network is deteriorating as predicted in the initial 2008 study; and WHEREAS, the results show that California’s local streets and roads are on a path of significant decline. On a scale of zero (failed) to 100 (excellent), the statewide average pavement condition index (PCI) is 66, placing it in the “at risk” category where pavements will begin to deteriorate much more rapidly and require rehabilitation or rebuilding rather than more cost- effective preventative maintenance if funding is not increased; and WHEREAS, the results show that the City of Chula Vista’s local streets have anaverage Pavement Condition Index (PCI) of 71, placing it just above the“At Risk” category; and WHEREAS, if funding remains at the current levels, in 10 years, 25 percent of local streets and roads in California will be in “failed” condition; and WHEREAS, cities and counties need an additional $1.7 billion just to maintain a status quo pavement condition of 66, and much more revenue to operate the system with Best Management Practices, which would reduce the total amount of funding needed for maintenance in the future; and WHEREAS, models show that an additional $3 billion annual investment in the local streets and roads system is expected to improve pavement conditions statewide from an average “at risk” condition to an average “good” condition; and ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 114 WHEREAS, if additional funding isn’t secured now, it will cost taxpayers twice as much to fix the local system in the future, as failure to act this year will increase unmet funding needs for local transportation facilities by $11 billion in five years and $21 billion in ten years; and WHEREAS, modernizing the local street and road system provides well-paying construction jobs and boosts local economies; and WHEREAS, the local street and road system is also critical for farm to market needs, interconnectivity, multimodal needs, and commerce; and WHEREAS, police, fire, and emergency medical services all need safe reliable roads to react quickly to emergency calls and a few minutes of delay can be a matter of life and death; and WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduce vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and WHEREAS, restoring roads before they fail also reduces construction time which results in less air pollution from heavy equipment and less water pollution from site run-off; and WHEREAS, in addition to the local system, the state highway system needs an additional $5.7 billion annually to address the state’s deferred maintenance; and WHEREAS, in order to bring the local system back into a cost-effective condition, at least $7.3 billion annually in new money going directly to cities and counties. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA strongly urges the Governor and Legislature to identity a sufficient and stable funding source for local street and road and state highway maintenance and rehabilitation to ensure the safe and efficient mobility of the traveling public and the economic vitality of California. RESOLVED FURTHER, that the CITY OF CHULA VISTA strongly urges the Governor and Legislature to adopt the following priorities for funding California’s streets and roads. 1.Make a significant investment in transportation infrastructure. Any package should seek to raise at least $6 billion annually and should remain in place for at least 10 years or until an alternative method of funding our transportation system is agreed upon. 2.Focus on maintaining and rehabilitating the current system. Repairing California’s streets and highways involves much more than fixing potholes. It requires major road pavement overlays, fixing unsafe bridges, providing safe access for bicyclists and pedestrians, replacing storm water culverts, as well as operational improvements that necessitate the construction of ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 115 auxiliary lanes to relieve traffic congestion choke points and fixing design deficiencies that have created unsafe merging and other traffic hazards. Efforts to supply funding for transit in addition to funding for roads should also focus on fixing the system first. 3.Equal split between state and local projects. We support sharing revenue for roadway maintenance equally (50/50) between the state and cities and counties, given the equally-pressing funding needs of both systems, as well as the longstanding historical precedent for collecting transportation user fees through a centralized system and sharing the revenues across the entire network through direct subventions. Ensuring that funding to local governments is provided directly, without intermediaries, will accelerate project delivery and ensure maximum accountability. 4.Raise revenues across a broad range of options. Research by the California Alliance for Jobs and Transportation California shows that voters strongly support increased funding for transportation improvements. They are much more open to a package that spreads potential tax or fee increases across a broad range of options, including fuel taxes, license fees, and registration fees, rather than just one source. Additionally, any package should move California toward an all-users pay structure, in which everyone who benefits from the system contributes to maintaining it –from traditional gasoline-fueled vehicles, to new hybrids or electric vehicles, to commercial vehicles. 5.Invest a portion of diesel tax and/orcap & trade revenue to high-priority goods movement projects. While the focus of a transportation funding package should be on maintaining and rehabilitating the existing system, California has a critical need to upgrade the goods movement infrastructure that is essential to our economic well-being. Establishing a framework to make appropriate investments in major goods movement arteries can lay the groundwork for greater investments in the future that will also improve air quality and reduce greenhouse gas emissions. 6.Strong accountability requirements to protect the taxpayers’ investment. Voters and taxpayers must be assured that all transportation revenues are spent responsibly. Local governments are accustomed to employing transparent processes for selecting road maintenance projects aided by pavement management systems, as well as reporting on the expenditure of transportation funds through the State Controller’s Local Streets and Roads Annual Report. 7.Provide Consistent Annual Funding Levels. Under current statute, the annual gas tax adjustment by the Board of Equalization is creating extreme fluctuations in funding levels –a $900 million drop in this budget year alone. A transportation funding package should contain legislation that will create more consistent revenue projections and allow Caltrans and transportation agencies the certainty they need for longer term planning. Presented byApproved as to form by ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 116 _________________________________________________________ Richard A. HopkinsGlen R. Googins Director of Public WorksCity Attorney ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 117 City of Chula Vista Staff Report File#:15-0435, Item#: 10. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVING ASSOCIATEMEMBERSHIPBYTHECITYOFCHULAVISTAINTHECALIFORNIA ENTERPRISEDEVELOPMENTAUTHORITYANDAUTHORIZINGANDDIRECTINGTHE EXECUTIONOFANASSOCIATEMEMBERSHIPAGREEMENTRELATINGTOASSOCIATE MEMBERSHIPOFTHECITYINTHEAUTHORITY;CONSENTINGTOINCLUSIONOF PROPERTIESWITHINTHEINCORPORATEDAREAOFTHECITYINTHESANDIEGO COUNTYPROPERTYASSESSEDCLEANENERGY(PACE)PROGRAMTOFINANCE DISTRIBUTEDGENERATIONRENEWABLEENERGYSOURCESANDENERGYAND WATEREFFICIENCYIMPROVEMENTS,APPROVINGTHEREPORTSETTINGFORTH THEPARAMETERSOFTHEREFERENCEDPROGRAMANDCERTAINMATTERSIN CONNECTIONTHEREWITH,ANDAPPROVINGANINDEMNITYAGREEMENTWITHTHE PROGRAM ADMINISTRATOR RECOMMENDED ACTION Council adopt the resolution. SUMMARY OnJune6,2015,perResolution2015-115,CityCouncilapprovedPropertyAssessedCleanEnergy (PACE)ProgramGuidelinestohelpguideexpansionofPACEprogramofferingsavailabletoChula Vistaproperty-owners.Currently,ChulaVistaproperty-ownerscanchoosebetweenthreedifferent PACEprograms:thelocalCleanEnergyChulaVistaprogram(administeredbyYgreneEnergy Fund),thestatewideCaliforniaFIRSTprogram,andthestatewideCaliforniaHEROProgram.The CityisaddingtheFigtreeProgramasanotherPACEprogramofferinginordertoprovideproperty- ownerswithmorechoices,potentiallycreatemorecompetitiveratesinthemarket,andmaximizethe number of completed energy and water efficiency retrofits in the community. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378oftheStateCEQAGuidelines;therefore,pursuanttoSection15060(c) (3)oftheStateCEQAGuidelinestheactivityisnotsubjecttoCEQA.Thus,noenvironmentalreview is necessary. BOARD/COMMISSION RECOMMENDATION OnOctober13,2014,theResourceConservationCommissionrecommendedthattheCityCouncil expandPropertyAssessedCleanEnergy(PACE)programofferingsinChulaVistatoprovidegreater City of Chula VistaPage 1 of 3Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 118 File#:15-0435, Item#: 10. customer choice and to maximize energy and water efficiency retrofit opportunities. DISCUSSION AspartofitsClimateActionPlanimplementation,theCityhasbeenpursuingtheestablishmentof PropertyAssessedCleanEnergy(PACE)programs,whichallowproperty-ownerstofinanceenergy andwater-savingimprovementsthroughavoluntarytaxassessmentontheirproperty.Theresulting utilitysavingsareusedtohelpoffsetthenewassessmentandtheassessmentobligationsgenerally transferwiththepropertyuponsale,becausethenewownercontinuestobenefitfromtheefficiency improvements.PACEprogramswereauthorizedunderCaliforniaAssemblyBill811andSenateBill 555andhavesuccessfullyfacilitatedbuildingenergyandwaterupgradesinover230California communities,whilecreatinglocaleconomicdevelopmentbenefits.Typically,third-party administrators,onbehalfofhostjurisdictionsorjointpowersauthorities,managetheday-to-day programoperationsincludingcontractoroutreach,property-ownerenrollment,andprivatefinancing coordination. TheCityestablisheditsfirstPACEprograminDecember2013andhassincebeenapproachedby otherproviderswhowouldliketooffertheirprogramstoCityresidents.OneofthoseistheFigtree Program.FigtreeisoneoftheleadingprivatePACEfinancingcompaniesoperatingintheUnited Statestoday.Over100municipalitiesthroughoutCaliforniahavealreadyjoinedtheFigtreeprogram whichisofferedthroughitsJPApartnertheCaliforniaEnterpriseDevelopmentAuthority(CEDA). Together,FigtreeandCEDAoffertheprogramasacompleteturn-keyPACEsolutionwithnocostto theCity.TheFigtreeProgramcomplieswiththeCity’sprogramandunderwritingguidelinesthat ensure high levels of program accountability and consumer protection. ParticipantsinthePACEprogramwillbeassessedviatheirregularpropertytaxbill.TheCountyof SanDiegohasenteredintoanAgreementforCollectionofTaxesandSpecialAssessmentswith CEDA(seeAttachment1tothisreport).FundswillbecollectedbytheCountyofSanDiegoand remitteddirectlytoCEDA.TheCityofChulaVistawillhavenoroleintheplacementofPACE assessments on the tax roll or the remittance of funds collected to CEDA. AdoptionoftheresolutionwillapproveanamendmenttotheJointExerciseofPowersAgreement (the“Amendment”)toaddtheCityasanAssociateMembertotheAuthorityforthepurposeof facilitatingimplementationoftheFigtreeProgramintheCity,andwillalsoapproveanindemnity agreementwiththeFigtreeProgram’sthirdpartyadministrator,CEDA(the“Agreement”).The AmendmentandtheAgreementrequireFigtreeandCEDAtodefendandindemnifytheCityandto conducttheFigtreePrograminaccordancewithstateandlocallaw,andtheCity’sPACEProgram Guidelines. ApprovalofthisresolutionwillexpandPACEprogramchoicesfromthreetofour.Staffwillbe submitting additional PACE program offerings for City Council’s consideration in the future. City of Chula VistaPage 2 of 3Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 119 File#:15-0435, Item#: 10. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18705.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.PACEprograms supporttheHealthyCommunitygoalastheyfundenergyandwaterupgradesinthecommunity, whichisakeyobjectiveunderInitiative3.2.1.-“Designandimplementinnovativeenvironmental& conservation programs.” CURRENT YEAR FISCAL IMPACT ThereisnonetfiscalimpacttotheCity’sGeneralFundfromaddingFigtreeasanotherPACE programoffering.PACEprogramsareimplementedatno-costtotheCityandstafftimeassociated withreviewingadditionalPACEprogramswouldbereimbursedthroughtheCity’sLocalGovernment Partnership with San Diego Gas & Electric. ONGOING FISCAL IMPACT ThereisnoongoingfiscalimpacttotheCity’sGeneralFundfromexpandingPACEprogram offerings. ATTACHMENTS 1.CountyofSanDiegoAgreementforCollectionofTaxesandSpecialAssessmentswith CEDA 2.Associate Membership Agreement (Exhibit A) 3.Indemnification Agreement (Exhibit B) Staff Contact: Robert Beamon City of Chula VistaPage 3 of 3Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 120 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 121 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 122 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 123 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 124 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 125 ASSOCIATE MEMBERSHIP AGREEMENT by and between the CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY and the CITYOF Chula Vista,CALIFORNIA THIS ASSOCIATE MEMBERSHIP AGREEMENT(this “Associate Membership Agreement”),dated as of _____________________by and between CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY (the “Authority”) and the CITYOF Chula Vista, CALIFORNIA, a municipal corporation, duly organized and existing under the laws of the State of California (the “City”); WITNESSETH: WHEREAS , the Cities of Selma, Lancaster and Eureka (individually, a “Member” and collectively,the “Members”), have entered into a Joint Powers Agreement, dated as of June1, 2006 (the “Agreement”), establishing the Authority and prescribing its purposes and powers; and WHEREAS , the Agreement designates the Executive Committee of the Board of Directorsand the President of the California Association for Local Economic Development as the initial Board of Directors of the Authority; and WHEREAS , the Authority has been formed for the purpose, among others, to assist for profitand nonprofit corporations and other entities to obtain financing for projects and purposes serving the public interest; and WHEREAS , the Agreement permits any other local agency in the State of California to join the Authority as an associate member (an “Associate Member”); and WHEREAS , the Cityof Chula Vistadesires to become an Associate Member of the Authority; WHEREAS , City Council ofthe Cityof Chula Vistahas adopted a resolution approving the Associate Membership Agreement and the execution and delivery thereof; WHEREAS , the Board of Directors of the Authority has determined that the Cityof Chula Vistashould become an Associate Member of the Authority; WHEREAS, the Authority established the Figtree Property Assessed Clean Energy and Job Creation Program (the "Figtree PACE Program") 1 4833-7301-9141.1 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 126 NOW, THEREFORE , in consideration of the above premises and of the mutual yof Chula Vistado hereby agree as follows: promises herein contained, the Authority and the Cit Section1 . Associate Member Status. The Cityof Chula Vistais hereby made an Associate Member of the Authority for all purposes of the Agreement and the Bylaws of the Authority, the provisions of which are hereby incorporated herein by reference. From and after the date of execution and delivery of this Associate Membership Agreement by the Cityand the Authority, the Cityshall be and remain an Associate Member of the Authority. Section2 . Restrictions and Rights of Associate Members. The CityofChula Vistashall not have the right, as an Associate Member of the Authority, to vote on any action taken by the Board of Directors or by the Voting Members of the Authority. In addition, no officer, employee or representative of the Cityshall have anyright to become an officer or director of the Authority by virtue of the Citybeing an Associate Member of the Authority. Section3 . Effect of Prior Authority Actions. The Cityof Chula Vista hereby agrees to be subject to and bound by all actions previously taken by the Members and the Board of Directors of the Authority to the same extent as the Members of the Authority are subject to and bound by such actions. Section4 . No Obligations of Associate Members. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the Cityof Chula Vista. Section5 . Execution of the Agreement. Execution of this Associate Membership Agreement and the Agreement shall satisfy the requirements of the Agreement and ArticleXII of the Bylaws of the Authority for participation by the Cityof Chula Vista in all programs and other undertakings of the Authority. Section 6. The Authority agrees to comply with all state and local laws, and the City's PACE Guidelines, in itsimplementation and provision of the Figtree PACE Program in the City. Section 7. No suit or arbitration shall be brought arising out of this Agreement, against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policiesand procedures used by City in the implementation of same. Upon request by City, the Authority shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement." 2 4833-7301-9141.1 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 127 N WITNESS WHEREOF I, the parties hereto have caused this Associate Membership to be executed and attested by their proper officers thereunto duly authorized, on the Agreement day and year first set forth above. CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY By: Gurbax Sahota, Chair Boardof Directors Attest: Michelle Stephens, Asst. Secretary CITYOFCHULA VISTA Mary Casillas Salas, Mayor Attest: Donna Norris, City Clerk APPROVED AS TO FORM: ______________________________ Glen R. Googins, City Attorney 3 4833-7301-9141.1 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 128 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 129 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 130 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 131 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 132 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 133 RESOLUTION NO. _______ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ASSOCIATE MEMBERSHIP BY THE CITY OF CHULA VISTA IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITYAND AUTHORIZING AND DIRECTING THE EXECUTION OF AN ASSOCIATE MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE MEMBERSHIP OF THE CITY IN THE AUTHORITY; CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE INCORPORATED AREA OF THE CITY IN THE SAN DIEGO COUNTYPROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES AND ENERGY AND WATER EFFICIENCY IMPROVEMENTS, APPROVING THE REPORT SETTING FORTH THE PARAMETERS OF THE REFERENCED PROGRAM AND CERTAIN MATTERS IN CONNECTION THEREWITH,AND APPROVING AN INDEMNITY AGREEMENT WITH THE PROGRAM ADMINISTRATOR WHEREAS, on June 6, 2015, the City Council approved Guidelines for implementation ofthe Property Assessed Clean Energy(PACE) Program per Resolution 2015-115 and this amendment follows these guidelines; and WHEREAS, the Cityof Chua Vista,California (the “City”), a municipal corporation, duly organized and existing under the Constitution and the laws of the State of California; and WHEREAS, the City, upon authorization of the City Council, may pursuant to Chapter 5 ofDivision 7 of Title 1 of the Government Code of the State of California, commencing with Section 6500 (the "JPA Law") enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them; and WHEREAS, the Cityand other public agencies wish to jointly participate in economic developmentfinancing programs for the benefit of businesses and nonprofit entities within their jurisdictions offered by membership in the California Enterprise Development Authority (the "Authority") pursuant to an associate membership agreement and Joint Exercise of Powers Agreement Relating to the CaliforniaEnterprise Development Authority (the “Agreement”); and WHEREAS, under the JPA Law and the Agreement, the Authority is a public entity separateand apart from the parties to the Agreement and the debts, liabilities and obligations of ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 134 the Authority will not be the debts, liabilities or obligations of the Cityor the other members of the Authority; and WHEREAS, the form of Associate Membership Agreement (the “Associate Membership Agreement”), as shown in Exhibit A,between the Cityand the Authority is attached; and WHEREAS, the Cityis willing to become an Associate Member of the Authority subject to the provisions of the Associate Membership Agreement. WHEREAS, CEDA has adopted the Figtree Property Assessed Clean Energy (PACE) and JobCreation Program (the “Program” or “Figtree PACE”), to allow the financing of certain renewable energy, energy efficiency and water efficiency improvements (the "Improvements") through the levy of contractual assessments pursuant to Chapter 29 of Division 7 of the Streets & Highways Code ("Chapter 29"), and the issuance of improvement bonds or other evidences of indebtedness (the "Bonds") under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 et seq.) (the "1915 Act") upon the security of the unpaid contractual assessments; and WHEREAS, Chapter 29 provides that assessments may be levied under its provisions only withthe free and willing consent of the owner of each lot or parcel on which an assessment is levied at the time the assessment is levied; and WHEREAS, the Board of Supervisors (the “Board of Supervisors”) of the County of San Diego,a political subdivision of the State of California (the “County”), has adopted Figtree PACE pursuant to the Act; and WHEREAS, the parameters of Figtree PACE are set forth in the Program Report and such Reporthas been prepared pursuant to Section 5898.22 of the Act and approved by the CEDA Board of Directors; and WHEREAS, the City Council of the City of Chula Vista(the “City Council”) has reviewed the Report; WHEREAS, the Act authorizes CEDA to enter into contractual assessments with property ownerslocated within incorporated citiesin the County of San Diego upon the approval of the legislative body of the related city to participate in Figtree PACE; and WHEREAS, the City of Chula Vista(the “City”) desires to participate with the County in FigtreePACE, and provide for participation in Figtree PACE by property owners located within City limits; and WHEREAS, pursuant toChapter 29, the City authorizes CEDA to levy assessments, pursueremedies in the event of delinquencies, and issue bonds or other forms of indebtedness to finance the Improvements in connection with Figtree PACE; and 2 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 135 WHEREAS, to protect the City in connection with operation of the Figtree PACE, Figtree Energy Financing, the program administrator, has agreed to defend and indemnify the City; and WHEREAS , the City will not be responsible for the levy of assessments, any required remedialaction inthe case of delinquencies, the issuance, sale or administration of the bonds or other indebtedness issued in connection with Figtree PACE. WHEREAS, the Authority established the Figtree Property Assessed Clean Energy and Job Creation Program (the "Figtree PACE Program"). NOW, THEREFORE, BE IT RESOLVED, that the City Councilof the Cityof Chula Vista, herebyfinds, determines and declares as follows: Section 1. The City Councilhereby specifically finds and declares that the actions authorizedherebyconstitute public affairs of the City. The City Council further finds that the statements, findings and determinations of the Cityset forth in the preambles above are true and correct. Section 2. The Associate Membership Agreement presented to this meeting and on file withthe City Clerk is hereby approved. The Mayor of the City, the City Manager, the City Clerk and other officials of the City are each hereby authorized and directed, for and on behalf of the City, to execute and deliver the Associate Membership Agreement in substantially said form, with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 3. The officers and officials of the City are hereby authorized and directed, jointlyand severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate, carry out, give effect to and comply with the terms and intent of this resolution and the Associate Membership Agreement. All such actions heretofore taken by such officers and officials are hereby confirmed, ratified and approved. Section 4.Good Standing. The City is a municipal corporation in good standing. Section 5.Public Benefits . On the date hereof, the City Council hereby finds and determinesthat the Program and issuance of Bonds by CEDA in connection with Figtree PACE will provide significant public benefits, including without limitation, savings in effective interest rates, bond preparation, bond underwriting and bond issuance costs and reductions in effective user charges levied by water and electricity providers within the boundaries of the City. Section 6.Resolution of Intention. TheCity Council ratifies the resolution adopted bythe CEDA Board of Directorson ______________, 20___declaring the Board’s 3 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 136 intention to order the implementation of a contractual assessment program to finance Improvements pursuant to the Act. To the maximum extent allowed by law, Authorityshall defend,indemnify, protect and hold harmless the City, its elected and appointed officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses,(including reasonable attorney’s fees and actual costs),liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Authority, its members, employees, officials, officers,agents, and contractors, arising out of or in connection with the Agreement or this Associate Membership Agreement, or the Figtree PACE Program. This indemnity provision does not include any claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence, active negligence or willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Authority, its members, employees, agents or officers, or any third party. Section 7.Boundaries. The City Council hereby approves the inclusion in Figtree PACEall of the properties in the incorporated area within the City, as same may be amended through annexation from time to time, the acquisition, construction and installation within City limits of the energy and water efficiency measures set forth in the Report upon the request and agreement of the affected property owner, and the assumption of jurisdiction thereof by CEDA for the aforesaid purposes. The adoption of this Resolution by this City Council constitutes the approval by the City to participate in FigtreePACE. This City Council further authorizes CEDA to set the terms of, and implement, FigtreePACE and take each and every action necessary or desirable for financing the Improvements, including the levying, collecting and enforcement of the contractual assessments to finance the Improvements and the issuance of bonds, notes or other forms of indebtedness secured by such contractual assessments as authorized by Chapter 29. The Authority agrees to comply with all state and local laws, and the City's PACE Guidelines, in its implementation and provision of the Figtree PACE Program in the City. Section 8.Appointment of CEDA . The City of Chula Vista hereby appoints CEDA asits representativeto (i) record the assessment against the Participating Parcels, (ii) administer the District in accordance with the Improvement Act of 1915 (Chapter 29 Part 1 of Division 10 of the California Streets and Highways Code (commencing with Section 8500 et seq.) (the “Law”), (iii) prepare program guidelines for the operations of the Programand (iv)proceed with any claims, proceedings or legal actions as shall be necessary to collect past due assessments on the properties within the District in accordance with the Law andSection 6509.6 of the California Government Code. The City is not and will not be deemed to be an agent of Figtreeor CEDA as a result of this Resolution. No suit or arbitration shall be brought arising out of this Agreement, against City unless a claimhas first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista 4 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 137 Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by City in the implementation of same. Upon request by City, the Authority shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Section 9.Program Report. The City Council hereby acknowledges that pursuant tothe requirements of Chapter 29, CEDA has prepared and will update from time to time the "Program Report" for FigtreePACE (the "Program Report") and associated documents, and CEDA will undertake assessment proceedings and the financing of Improvements as set forth in the Program Report. Section 10.Foreclosure . TheCity Council hereby acknowledges that the Law permitsforeclosure in the event that there is a default in the payment of assessments due on a property. The City Council hereby designates CEDA as its representative to proceed with collection and foreclosure of the liens on the defaulting propertieswithin the District, including accelerated foreclosure pursuant to the Program Report. Section 11.Indemnification . The City Council acknowledges that Figtree has providedthe City with an indemnification agreement, as shown in Exhibit B, for negligence or malfeasance of any type as a result of the acts or omissions of Figtree, its officers, employees, subcontractors and agents. The City Council hereby authorizes the appropriate officials and staff of the City to execute and deliver the Indemnification Agreement to Figtree. Section 12.City Contact Designation. The appropriate officials and staff of the City of Chula Vista are hereby authorized and directed to make applications for FigtreePACE available to all property owners who wish to finance Improvements. The following staff persons, together with any other staff designated by the City Manager from time to time, are hereby designated as the contact persons for CEDA in connection with FigtreePACE: The City Clerk is directed to provide a certified copy of this Director of Public Works. Resolution to FigtreeEnergy Financing. Section 13.CEQA. The City Council hereby finds that adoption of this Resolution is nota "project" under the California Environmental Quality Act (“CEQA”), because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b )( 4)). Section 14.Effective Date . This Resolution shall take effect immediately upon its adoption.The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to FigtreeEnergy Financing. Section 15.Costs . Services related to the formation and administration of the assessment district will be provided by CEDA at no cost to the City. 5 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 138 Presented byApproved as to form by Richard A. HopkinsGlen R. Googins Public Works DirectorCity Attorney 6 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 139 City of Chula Vista Staff Report File#:15-0398, Item#: 11. INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2015 RECOMMENDED ACTION Council accept the report. SUMMARY TransmittedherewithistheCity’sinvestmentreportforthequarterendedJune30,2015.Tomeet thereportingrequirementssetforthintheCaliforniaGovernmentCodeSections53600etseq.and theCityofChulaVistaInvestmentPolicyandGuidelines,aseparatereportwasdistributedtothe City Council in July. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”in accordancewithSection15378(b)(5)oftheStateCEQAGuidelinesbecauseitinvolvesonly acceptanceoftheQuarterlyInvestmentReport;thereforeitisanorganizationaloradministrative activityofgovernmentthatwillnotresultinadirectorindirectphysicalchangeintheenvironmental; therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelinestheactivityisnotsubjectto CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION ThetotalcashandinvestmentportfolioheldbytheCityasofJune30,2015was$246,166,126and total cash and investments held by trustees was $81,835,875. ThecashandinvestmentsheldbytheCityarecomposedofthefollowingcomponents:Cash/Time Deposits($56,074,928),ManagedInvestmentPortfolio($113,986,881),StateofCALocalAgency InvestmentFund($36,600,935),andCountyofSanDiegoPooledInvestmentFund($39,503,715). CashandinvestmentsheldbytheCityandthetrusteescontinuetobeinvestedinaccordancewith theGovernmentCodeandtheCouncilInvestmentPolicyasadoptedbyResolution2015-041on March 3, 2015. Duringthequarter,seveninvestmentstotaling$21,000,000wereredeemedbytheissuerspriorto theirmaturitydates.Elevenpurchasesweremadetoreplacethoseinvestments.Purchased investmentsincludeacertificateofdepositissuedbyRabobank($2.4million),sixcorporatenotes issuedbyChevron($1.5million)IBM($1.5million)JPMorganChase($1.5million)AppleInc.($1.5 million)AmericanExpress($1.5million)CiscoSystems($1.5million)andUSTreasuryNotes City of Chula VistaPage 1 of 2Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 140 File#:15-0398, Item#: 11. ($9.615million).PublicFinancialManagement(PFM),theCity'sinvestmentadvisor,continuesto monitortheportfolioandwillmakerecommendationsasfinancialandeconomicconditionswarrant. There is no further activity to report on other than routine investments by the City's fiscal agents. TheFederalOpenMarketCommittee(FOMC)continuestomaintainthekeyFedFundsrateata targetrangeof0.00%to0.25%inhopesofstimulatingtheeconomy.Two-yearTreasuriesyielding 0.56% at the beginning of the quarter ended higher at the end of the quarter at 0.65%. AsofJune30,2015,theYieldtoMaturityatCostontheManagedInvestmentPortfoliowas1.05%, which is an increase of 0.12% from the previous quarter. Attheendofthisquarter,theweightedaveragematurityoftheManagedInvestmentPortfoliowas 2.51yearswhichisasmallincreasefrom2.41ofthepreviousquarterandiswithintheCouncil Policy. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationssection18704.2 (a)(1),isnotapplicabletothisdecision.Staffisnotindependentlyaware,andhasnotbeeninformed byanyCityCouncilmember,ofanyotherfactthatmayconstituteabasisforadecisionmaker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Theinvestment portfoliosupportstheOperationalExcellencegoalasitseekstomaintainthesafetyandliquidityof the City’s cash while contributing investment earnings to the bottom line. CURRENT YEAR FISCAL IMPACT ConsideringtheprojectedtimingofcashreceiptsanddisbursementsandthestructureofthePooled InvestmentPortfolio,theCityshouldbeabletocomfortablymeetoverallcashflowneedsoverthe next six months. There is no direct fiscal impact by this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact by this action. ATTACHMENTS 1.Summary of Cash and Investments as of June 30, 2015 2.PFM Investment Report for the Quarter Ended June 30, 2015 Staff Contact: David Bilby, Finance & Purchasing Manager, Finance Department City of Chula VistaPage 2 of 2Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 141 142 0 ¦¤ Packet !¦¤£ ΑΏΐΔȃΏΗȃΐΗ City of Chula VistaQuarter Ended June 30, 2015 Summary of Portfolio Characteristics and Key Statistics SecurityMarket Sector % ofPolicy 12 Distribution PortfolioLimits TypeValue U.S. Treasuries$17,413,5049%100% LAIF 19% Federal Agencies$78,866,66542%100% San Diego U.S. County Municipal Obligations$00%100% Treasuries Pool 9% 21% Commercial Paper$00%25% Negotiable CDs$2,392,9441%30% Corporate Notes$14,987,8828%30% Corporate Money Market Fund$00%20% Notes 8% San Diego County Pool$39,503,71521%100% Federal Negotiable LAIF$36,600,93519%$50 Million Agencies CDs 42% Totals$189,765,644100% 1% Credit Quality (S&P Ratings)Maturity Distribution 50% Not Rated Percentage of Total Portfolio (LAIF) 40% 19% 40% 30% 25% 22% 20% AAAf/S1 AA (San Diego 56% County) 8% 10% 21% 3% 2% A-1+/A-1 0% (Short- Under 66 - 121 - 22 - 33 - 44 - 5 term) A MonthsMonthsYearsYearsYearsYears 1% 3% 4 3 Key Statistics Total Return Par ValueUnannualized $190,004,650 Amortized CostChula Vista Past Quarter $189,988,0790.13% Weighted Average Maturity (years) 2.51BAML 1-5 Yr TSY Index0.02% Effective Duration (years)Annualized 2.15 Yield to Maturity at CostChula Vista Past Quarter 1.05%0.51% Yield to Maturity at Market 1.11% BAML 1-5 Yr TSY Index0.09% Notes: 1. End of quarter trade-date market values of portfolio holdings. Percentages may not add to 100% due to rounding. 2. Balances held in LAIF and the San Diego County Investment Pool are not managed by PFM Asset Management LLC. 3. Yields, weighted average maturity, and effective duration exclude balances not managed by PFM Asset Management LLC. 4. Performance is measured on a total return basis, which takes into account interest income, realized gains and losses, and unrealized gains and losses due to changes in market value. Returns excludes balances not managed by PFM Asset Management LLC. Returns for periods less than 1 year are unannualized. Returns on trade date basis, gross (i.e., before fees), in accordance with the CFA Institute’s Global Investment Performance Standards (GIPS). Bank of America Merrill Lynch (BAML) Indices provided by Bloomberg Financial Markets. Annualized return for quarter assumes the portfolio generates the same unannualized return for four quarters. ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 143 low ranges for the quarter; as a result, the sector’s performance was relatively of the quarter due to the potential for the Greek debt crisis to affect the overall Treasury yields reacted differently across the curve. Yields for short maturities 144 The timing for a potential interest rate hike became more uncertain at the end • Benchmark Treasury indices for shorter-maturity securities ended the quarter Asset-backed securities (ABS) were among the stronger-performing sectors, 0 ¦¤ Within the mortgage-backed securities (MBS) sector, structure and coupon as their superior income and limited sensitivity to changes in interest rates rose only modestly (two- and three-year Treasuries ended the quarter up spreads widened throughout the quarter; bonds with higher credit quality structures were the strongest performers on both an absolute return and the limited decrease in market value that resulted from the rise in yields. Corporate securities underperformed government issues as yield relative return basis (compared to similar-duration Treasuries). fared well in what was a volatile market environment. underperformed the most. Sector Performance global economy. rate increases. ••••• continued, some of the underlying metrics related to employment—particularly The FOMC kept the federal funds target rate unchanged for the quarter. While between Greece and its international creditors, which came to a vital impasse of pending home sales, building permits, new-home sales, and housing starts. possibility that Greece would abandon the euro and even leave the eurozone. The U.S. labor market continued to improve, as the unemployment rate fell with global economic uncertainty, particularly the deteriorating negotiations economic conditions would have on the interest rate setting policies of the the FOMC’s statement left open the possibility of an interest rate increase Greek-related tensions grew as the troubled nation missed a payment of Throughout the quarter, improving U.S. economic conditions contrasted Market participants continued to weigh the impact that adverse global spending and inventories contributed to the upward revision. Federal Open Market Committee (FOMC). Second Quarter 2015 wage growth—were weak. at the end of the quarter. © 2015 PFM Asset Management LLC Economic Snapshot Packet !¦¤£ Interest Rates Summary ΑΏΐΔȃΏΗȃΐΗ ••••• 145 0 ¦¤ Economic Snapshot Source: Bloomberg © 2015 PFM Asset Management LLC Packet !¦¤£ ΑΏΐΔȃΏΗȃΐΗ 146 0 ¦¤ Yield Curves as of 6/30/15 U.S. Treasury Yield Curve Interest Rate Overview YieldYield U.S. Treasury Note Yields U.S. Treasury Yields © 2015 PFM Asset Management LLC Packet !¦¤£ Source: Bloomberg ΑΏΐΔȃΏΗȃΐΗ Yield 147 0 ¦¤ BofA Merrill Lynch Index Returns Source: BofA Merrill Lynch Indices © 2015 PFM Asset Management LLC Packet !¦¤£ ΑΏΐΔȃΏΗȃΐΗ change. Information is obtained from sources generally believed to be reliable and available to the public; however, PFMAM cannot guarantee its accuracy, completeness, The views expressed within this material constitute the perspective and judgment of PFM Asset Management LLC (PFMAM) at the time of distribution and are subject to Advisers Act of 1940. 148 0 ¦¤ report is not an offer to purchase or sell any securities. PFMAM is registered with the Securities and Exchange Commission under the Investment Asset Management LLC. Further distribution is not permitted without prior written consent. © 2015 PFM Asset Management LLC Packet !¦¤£ © 2015 PFM Disclosures ΑΏΐΔȃΏΗȃΐΗ !"#$!%#&' !&A$F&"$'#"DB'! ()2G / SNRQ8NUUSOS8 SN88TNMV8OSS 6N888NS6VO88 VN8VMN77VOSV VNRRSN8Q8O78 6NQ88NUV8OQ8 VNRS7NSTQO88 6NRRUNSRVO88 SN888N6T7O88 SNRR6NTM7O88 SN866N8RTO88 H)5 149 0 ¦¤ !"# $ %!" &%'(%) !&A$F%&$EC"DFA! 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A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAUTHORIZING THECITYMANAGERTOEXECUTEANAGREEMENTWITHTHESTATEBOARDOF EQUALIZATIONFORIMPLEMENTATIONOFTHELOCALPREPAIDMOBILETELEPHONY SERVICES COLLECTION ACT B.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAUTHORIZING THEEXAMINATIONOFPREPAIDMOBILETELEPHONYSERVICESSURCHARGEAND LOCAL CHARGE RECORDS RECOMMENDED ACTION Council adopt the resolutions. SUMMARY Chapter3.44oftheChulaVistaMunicipalCodeauthorizestheimpositionofaUtilityUsers’Tax (UUT)ongas,electricity,andtelecommunicationservices.Anewstatewidelawaddressesthe collectionofUUTonprepaidwirelesstelecommunicationservices.Inordertosecurethese revenues, the City must approve and provide certain documents to the State Board of Equalization. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”, authorizingtheCitytoenterintoanagreementregardingcollectionofsurchargesasdefinedunder Section15378(b)(4)oftheStateCEQAGuidelinesbecauseitisafiscalactivitythatdoesnotinvolve aphysicalchangetotheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION TheCityofChulaVistaUtilityUsers’Tax(UUT)wasadoptedin1970asameanstohelpfundpublic servicesandcapitalimprovementprojectsthroughtheCity’sGeneralFund.TheCityreceivesUUT basedontheusageofnaturalgas,electricity,andintrastatetelecommunicationservices,including wirelesstelephoneservices,intheCity.CurrentUUTratesare0.00919perthermofgas,0.0025per kilowatt of electricity, and 4.75% of telecommunication services. InSeptemberof2014,GovernorBrownsignedAB1717,anactionthatprotectsexistingandfuture localrevenuesbyprovidingacollectionmechanismforprepaid(non-contract)wirelessservices(the LocalPrepaidMobileTelephonyServicesCollectionAct).Asprepaidwirelessservicesaregenerally soldthroughmajorretailers,UUTcompliancehasbeeninconsistent.Addressinginconsistencyin City of Chula VistaPage 1 of 3Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 160 File#:15-0469, Item#: 12. applicationoftheUUTisincreasinglyimportantasprepaidwirelessservicesincreaseinpopularity, reducing UUT revenues collected by the City and other local agencies. UndertheprovisionsofAB1717,wirelesscarrierswillcollectandremitUUTonprepaidsales alongsidetheirtraditionalUUTremittanceeachmonth.Retailstoresandonlineretailsellerswillbe responsibleforcollectingUUTatpointofsaleandremittingittotheStateBoardofEqualization (BOE)onaquarterlybasis,inasimilarmannertosalestaxes.Similarly,UUTwillbedistributedby theBOEtolocalagenciesonaquarterlybasis.UUTwillbeimposedandremittedbasedonthe point of sale location for brick-and-mortar retailers, and based on the billing address for online sales. Retailstoresandonlineretailersareentitledtoretain2%oftheUUTcollectedandremitted.The wirelesscarriersarenotentitledtoanycompensation.TheBOEwilldetermineitsimplementation costs, and will deduct these costs from the UUT revenues on a pro-rata basis. AB1717includesacompromiseprovisionwhichcreatesseveraltiersofstandardizedUUTrates. TheCityofChulaVista’sexistingrateof4.75%fallswithinthe4.5%tier.Theprogramalsoincludes a 2020 sunset provision. InordertoensurethecollectionofUUTonprepaidwirelessservicesontheCity’sbehalfbeginning onJanuary1,2016,theCitymustcontractwiththeBOEandcertifyeligibilitybySeptember1,2015. ShouldtheCityfailtomeetthisdeadline,thenextdeadlinewouldbeDecember1,2015,delaying collection on the City’s behalf until April 1, 2016. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18705.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Approvingthe resolutionsupportstheOperationalExcellenceGoalbysecuringavaluableGeneralFundrevenue stream and ensuring taxes are applied fairly and consistently, regardless of the means of sale. CURRENT YEAR FISCAL IMPACT ApprovaloftheresolutionssupportstheCity’sparticipationintheBOEprepaidmobiletelephone servicesUUTcollectionprogrambeginningonJanuary1,2016.Industryestimatesindicatelocal agencies will see a 20% increase in wireless UUT revenues. WirelessUUTrevenuesforfiscalyear2014-15areprojectedtototalapproximately$3,000,000.A 20%increaseinrevenuesequatestoanannualpositiveimpactof$600,000.WithaJanuary1,2016 startdate,thiswouldequatetoadditionalrevenuesofapproximately$300,000inthecurrentfiscal City of Chula VistaPage 2 of 3Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 161 File#:15-0469, Item#: 12. year.Actualimpactswillvarybaseduponsalesofwirelessprepaidtelephoneservicesattributableto the City under the provisions of AB 1717. ItisimportanttonotethatintotalUUTrevenueshavedeclinedbelowbudgetaryestimatesduetothe reductionoftelephonelandlines.TheThirdQuarterFinancialReportinfiscalyear2015reflecteda projectedshortfallof$675,000forUUTrevenues.UUTrevenuesrelatedtoAB1717maymitigatethe declineinrevenuesexperiencedoverthepastfewyears.Staffwillcontinuetomonitorrevenue trends and recommend adjustments as needed. ONGOING FISCAL IMPACT Onanannualbasis,a20%increaseinwirelessUUTrevenuestotheCitywouldincreaseGeneral Funddiscretionaryrevenuesby$600,000.Actualimpactswillvarybaseduponsalesofwireless prepaid telephone services attributable to the City under the provisions of AB 1717. Asdiscussedabove,UUTrevenueshavedeclinedbelowbudgetaryestimatesduetothereductionof telephonelandlines.UUTrevenuesrelatedtoAB1717maymitigatethedeclineinrevenues experiencedoverthepastfewyears.Staffwillcontinuetomonitorrevenuetrendsandrecommend adjustments as needed. ATTACHMENTS 1.BOE Utility Users Tax Certification. 2.AB 1717 Bill Text. Staff Contact: Tiffany Allen, Finance Department City of Chula VistaPage 3 of 3Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 162 CERTIFICATION I, ________________am authorized to sign this certification on behalf of _________________. GaryHalbertCityofChulaVista (Insert name of local jurisdiction) I certify to the following: Please check all the following that apply to your jurisdiction: 911Charges/Access to Communication Services 1.___ - Ordinance No. ____of the ________________imposes the local charge set forth in the ordinance to prepaid mobile (Insert name of local jurisdiction) telephony services for access to communication services or tolocal 911 emergency telephone systems. As required by section 42102.5, the percentage reflecting the rate for access to the local 911 emergency telephone systems or access to communications services is ________. Utility User Tax 2.___ - Ordinance No. ____of the ________________imposes the local X3318CityofChulaVista (Insert name of local jurisdiction) charge set forth in the ordinance to the consumption of prepaid mobile telephony services. The tiered rate for the utility user tax, as identified in section 42102 is ___________. 4.5% 3.The _________________agrees to indemnify and to hold harmless the Board of CityofChulaVista (Insertname of local jurisdiction) Equalization (Board), its officers,agents, and employees foranyand all liabilityfor damages that may result from the Board’scollection pursuant to this agreement. Executed in the _________________________________on___________________. CityofChulaVista08/18/2015 (Insert name of local jurisdiction) (Add date) Printed name ___________________________________ GaryHalbert Title of person _____________________________ CityofChulaVista ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 163 BILL NUMBER: AB 1717CHAPTERED BILL TEXT CHAPTER 885 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2014 APPROVED BY GOVERNOR SEPTEMBER 30, 2014 PASSED THE SENATE AUGUST 26, 2014 PASSED THE ASSEMBLY AUGUST 27, 2014 AMENDED IN SENATE AUGUST 22, 2014 AMENDED IN SENATE JULY 2, 2014 AMENDED IN ASSEMBLY MAY 28, 2014 AMENDED IN ASSEMBLY APRIL 2, 2014 INTRODUCED BY Assembly Member Perea FEBRUARY 13, 2014 An act to amend, repeal, and add Section 431 of, and to add and repeal Section 319 of, the Public Utilities Code, and to amend Section 41020 of, and to amend, repeal, and add Section 41030 of, to add and repeal Section 41033 of, and to add and repeal Part 21 (commencing with Section 42001) and Part 21.1 (commencing with Section 42100) of Division 2 of, the Revenue and Taxation Code, relating to telecommunications, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1717, Perea. Telecommunications: prepaid mobile telephony services: state surcharge and fees: local charges collection. (1) The existing Emergency Telephone Users Surcharge Act generally imposes a surcharge on amounts paid by every person in the state for intrastate telephone service to provide revenues sufficient to fund "911" emergency telephone system costs. Amounts are determined annually by the Office of Emergency Services, and upon collection are paid to the State Board of Equalization on a monthly basis by the telephone service supplier and are deposited into the State Treasury to the credit of the State Emergency Telephone Number Account in the General Fund, to be expended for limited purposes, including to pay the Department of General Services for its costs in administration of the "911" emergency telephone number system. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations, and is authorized to fix just and reasonable rates and charges for services provided by those public utilities. Existing law establishes the Public Utilities Commission Utilities Reimbursement Account and authorizes the commission to annually determine a fee to be paid by every public utility providing service directly to customers or subscribers and subject to the jurisdiction of the commission, except for a railroad corporation. The commission is required to establish the fee, with the approval of the Department of Finance, to produce a total amount equal to that amount established in the authorized commission budget for the same year, and an appropriate reserve to regulate public utilities, less specified sources of funding. Existing law establishes the state's telecommunications universal service programs and authorizes the commission to impose charges for the purpose of funding those programs. Pursuant to this authority, ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 164 the commission has established 6 end-user surcharges to fund 6 universal service programs. This bill would enact the Prepaid Mobile Telephony Service Surcharge Collection Act. The bill would establish a prepaid MTS surcharge, as defined, based upon a percentage of the sales price of each retail transaction that occurs in this state for prepaid mobile telephony services, as defined. The prepaid MTS surcharge would include the emergency telephone users surcharge, as defined, and PUC surcharges, as defined. The bill would require a seller, as defined, to collect the prepaid MTS surcharge, as provided, from a prepaid consumer, as defined, and remit the amounts collected to the State Board of Equalization pursuant to the Fee Collection Procedures Law, unless the seller is a direct seller, as defined. The bill would require the board, after deducting its administrative expenses, to deposit the amounts collected for the emergency telephone users surcharge into the Prepaid MTS 911 Account and to deposit the amounts collected for PUC surcharges into the Prepaid MTS PUC Account in the Prepaid Mobile Telephony Services Surcharge Fund, which the bill would establish in the State Treasury. If the seller is a direct seller, it would be required to remit the PUC surcharges to the commission, the emergency telephone users surcharge to the board, and the local charges to the local jurisdiction or agency. The bill would require the commission to annually compute for prepaid mobile telephony services the commission's reimbursement fee and 6 universal service program surcharges, to post notice of those fees and surcharges on its Internet Web site, and to notify the State Board of Equalization and the Office of Emergency Services of the amounts and the computation method used to determine the amounts, which would be adjusted, as specified, and together would be the PUC surcharges. The bill would, beginning with the 2016-17 fiscal year and ending with the 2018-19 fiscal year, require the board to calculate the net amounts collected pursuant to the MTS surcharge for the emergency telephone users surcharge during each fiscal year and to provide notification on its Internet Web site by December 15 following each fiscal year, whether the amount exceeds or is less than $9,900,000. The bill would provide that if for any fiscal year the amount collected is less than $9,900,000, the deficiency is the responsibility, on a pro rata basis, of each prepaid MTS provider based on each provider's share of total California intrastate prepaid mobile telephony service revenues as reported to the commission. The bill would require the commission to provide the board with information relative to each prepaid MTS provider's revenue and percentage sales upon request and authorize the board to enforce the obligation of each prepaid MTS provider by serving a notice in a prescribed manner. The bill would require the commission, 30 days prior to adopting any adjustment to a reimbursement fee or universal service surcharge on both postpaid and prepaid intrastate service to prepare a prescribed resolution or other public document proposing the fee or surcharge adjustment and explaining the calculation of the new fee or surcharge, as specified, and would require the commission to make it available to the public and on the commission's Internet Web site. The Moore Universal Telephone Service Act establishes the Universal Lifeline Telephone Service program in order to provide low-income households with access to affordable basic residential telephone service. Existing decisions of the commission exempt lifeline services from the commission's reimbursement fee and the 6 end-user surcharges that fund the state's 6 universal service programs. This bill would exempt the purchase in a retail transaction in ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 165 this state of prepaid mobile telephony services, either alone or in combination with mobile data or other services, by a consumer from the prepaid MTS surcharge and specified local charges if certain conditions are met, including that the prepaid consumer is certified as eligible for the state lifeline program or federal lifeline program. The bill would require the Office of Emergency Services to annually compute, as specified, the intrastate portion of the 911 surcharge to be collected on prepaid mobile telephony services, to post notice of those charges, and to notify the State Board of Equalization of the amount, which would be the emergency telephone users surcharge. The bill would require the Office of Emergency Services to prepare a prescribed summary of the calculation of the proposed 911 surcharge and make the summary available to the public and on its Internet Web site, as specified. Local charges would be computed pursuant to the Local Prepaid Mobile Telephony Services Collection Act, discussed below. (2) Existing law generally provides that the legislative body of any charter city may make and enforce all ordinances and regulations with respect to municipal affairs, as provided, including, but not limited to, a utility user tax in that municipality. Existing law generally provides that the legislative body of a city may levy any tax that may be levied by a charter city. Existing law further provides that the board of supervisors of any county may levy a utility user tax on the consumption of, among other things, telephone service, in the unincorporated area of the county. This bill would, on and after January 1, 2016, suspend the authority of a city, county, or city and county, including any charter city, county, or city and county, to impose a utility user tax on the consumption of prepaid communications service at the rate specified in an ordinance adopted pursuant to existing law, and would instead require the utility user tax rate to be applied during that period under any ordinance to be at specified tiered rates, to be collected and administered as prescribed in the Prepaid Mobile Telephony Services Surcharge Collection Act. In addition, the bill would, on or after January 1, 2016, suspend the authority of a city, county, or city and county, including any charter city, county, or city and county, to impose a charge, that applies to prepaid mobile telephony service, on access to communication services or access to local "911" emergency telephone systems, in the city, county, or city and county at the rate as specified in an ordinance adopted pursuant to existing law, and would instead require the charge rate to be applied during that period under any ordinance to be at specified rates, to be collected and administered as prescribed in the Prepaid Mobile Telephony Services Surcharge Collection Act. This bill would specify that a change in a utility user tax rate or access charge rate resulting from either the rate limitations or the end of the suspension period is not subject to voter approval under either statute or Article XIII C of the California Constitution. This bill would require these local charges imposed by a city, county, or a city and county be administered and collected by the State Board of Equalization, deposited in the Local Charges for Prepaid Mobile Telephony Services Fund, which this bill would create, and transmitted to the city, county, or a city and county, as provided. This bill would allow a consumer to rebut the presumed location of a retail transaction for purposes of the collection of the local charges by filing a claim and declaration under penalty of perjury. By expanding the crime of perjury, this bill would impose a state-mandated local program. (3) The bill would repeal these provisions on January 1, 2020. ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 166 (4) This bill would incorporate additional changes in Section 41030 of the Revenue and Taxation Code, proposed by SB 1211, to be operative only if SB 1211 and this bill are both chaptered and become effective on or before January 1, 2015, and this bill is chaptered last. (5) The Fee Collection Procedures Law makes a violation of any provision of the law, or of certain requirements imposed by the board pursuant to the law, a crime. By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (6) This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 319 is added to the Public Utilities Code, to read: 319. (a) For purposes of this section, the following terms have the following meanings: (1) "Direct seller," "prepaid consumer," "prepaid mobile telephony services," "prepaid MTS provider," "prepaid MTS surcharge," and "Public Utilities Commission surcharges," have the same meaning as defined in Section 42004 of the Revenue and Taxation Code. (2) "Reimbursement fee" means a charge imposed by the commission pursuant to Chapter 2.5 (commencing with Section 401). (3) "Universal service surcharge" means any charge imposed by the commission to support programs funded through one of the state's universal service funds created pursuant to Chapter 1.5 (commencing with Section 270). (b) The commission shall annually, on or before October 1 of each year, commencing October 1, 2015, compute a reimbursement fee as a percentage of the sales price for prepaid mobile telephony services, to be effective on January 1 of the following year and to be collected and remitted pursuant to the Prepaid Mobile Telephony Services Surcharge Collection Act (Part 21 (commencing with Section 42001) of Division 2 of the Revenue and Taxation Code). On or before October 8 of each year, commencing October 8, 2015, the commission shall post notice of the reimbursement fee on its Internet Web site and notify both the Office of Emergency Services and the State Board of Equalization of this information as well as the computation method used to determine the reimbursement fee. (c) The commission shall annually, on or before October 1 of each year, commencing October 1, 2015, compute the individual and cumulative amounts of the telecommunications universal service surcharges as a percentage of the sales price for prepaid mobile telephony services, to be effective on January 1 of the following year and to be collected and remitted pursuant to the Prepaid Mobile Telephony Services Surcharge Collection Act (Part 21 (commencing with Section 42001) of Division 2 of the Revenue and Taxation Code). On or before October 8 of each year, commencing October 8, 2015, the commission shall post notice of the individual percentages and the cumulative surcharge on its Internet Web site and notify both the ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 167 Office of Emergency Services and the State Board of Equalization of this information as well as the computation method used to determine the cumulative surcharge. (d) (1) Except for that portion of the prepaid MTS surcharge that is the Public Utilities Commission surcharges, computed pursuant to subdivisions (b) and (c), this section neither restricts the commission's authority to adjust reimbursement fees or universal service surcharges nor requires that they only be adjusted once annually. (2) In annually computing reimbursement fees and universal service surcharges to be collected and remitted to the commission pursuant to this section, the commission shall adjust the fees and surcharges to account for any past overcollection or undercollection of fees or surcharges from prepaid consumers resulting from a reduction or increase in the surcharges made subsequent to December 31 of the previous year. (3) If both upward and downward adjustments are made to reimbursement fees and universal service surcharges subsequent to December 31, the commission may adjust how collections are deposited into the reimbursement and universal service accounts so that overcollections or undercollections are minimized. (4) It is the intent of the Legislature that reimbursement fees and universal service surcharges be applied, as much as possible, in a competitively neutral manner that does not favor either prepaid or postpaid payment for mobile telephony services, and that, over time, collections of state charges from prepaid and postpaid consumers balance out so that neither pay a disproportionate amount. (5) At least 30 days prior to adopting any adjustment to a reimbursement fee or universal service surcharge to be collected and remitted to the commission on both postpaid and prepaid intrastate service, the commission shall prepare a resolution or other public document proposing the fee or surcharge adjustment and explaining the calculation of the fee or surcharge. The commission shall make the resolution or other public document available to the public and on the commission's Internet Web site and it shall include all of the following: (A) The prior year revenues from the fee or surcharge, including, but not limited to, revenues from prepaid service. (B) Projected expenses and revenues from all sources, including, but not limited to, prepaid service, for the purposes of the fee or surcharge. (C) The rationale for adjustment to the reimbursement fee or universal service surcharge, including, but not limited to, all impacts from prepaid MTS surcharge collection. (e) The commission shall have enforcement authority to ensure the proper remittances over retail transactions of a prepaid MTS provider pursuant to the Prepaid Mobile Telephony Services Surcharge Collection Act (Part 21 (commencing with Section 42001) of Division 2 of the Revenue and Taxation Code). (f) (1) A prepaid MTS provider shall remit to the commission the fee established for telephone corporations pursuant to subdivision (a) of Section 431 on the intrastate portion of the revenues received for prepaid mobile telephony service through December 31, 2015. (2) A prepaid MTS provider shall remit to the commission the telecommunications universal service surcharges established for telephone corporations on the intrastate portion of the revenues received for prepaid mobile telephony service through December 31, 2015. (g) (1) This section does not relieve a prepaid MTS provider or direct seller of their continuing obligation to report prepaid mobile ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 168 telephony service revenues to the commission in a manner prescribed by the commission. (2) When reporting prepaid mobile telephony service revenues to the commission, a prepaid MTS provider or direct seller shall report the intrastate revenue portion subject to the reimbursement fee and the telecommunications universal service surcharges, as well as total state mobile telephony service revenue. (3) Reports made pursuant to this subdivision are subject to Section 583 and any related orders of the commission. (h) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 2. Section 431 of the Public Utilities Code is amended to read: 431. (a) The commission shall annually determine a fee to be paid by every electrical, gas, telephone, telegraph, water, sewer system, and heat corporation and every other public utility providing service directly to customers or subscribers and subject to the jurisdiction of the commission other than a railroad, except as otherwise provided in Article 2 (commencing with Section 421), for common carriers and related businesses, and as otherwise provided in Section 319, for a prepaid MTS provider, as defined in Section 42004 of the Revenue and Taxation Code. (b) The annual fee shall be established to produce a total amount equal to that amount established in the authorized commission budget for the same year, including adjustments for increases in employee compensation, other increases appropriated by the Legislature, and an appropriate reserve to regulate public utilities less the amount to be paid from special accounts or funds pursuant to Section 402, reimbursements, federal funds, and any other revenues, and the amount of unencumbered funds from the preceding year. (c) This article shall not apply to any electrical cooperative as defined in Chapter 5 (commencing with Section 2776) of Part 2. (d) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 3. Section 431 is added to the Public Utilities Code, to read: 431. (a) The commission shall annually determine a fee to be paid by every electrical, gas, telephone, telegraph, water, sewer system, and heat corporation and every other public utility providing service directly to customers or subscribers and subject to the jurisdiction of the commission other than a railroad, except as otherwise provided in Article 2 (commencing with Section 421). (b) The annual fee shall be established to produce a total amount equal to that amount established in the authorized commission budget for the same year, including adjustments for increases in employee compensation, other increases appropriated by the Legislature, and an appropriate reserve to regulate public utilities less the amount to be paid from special accounts or funds pursuant to Section 402, reimbursements, federal funds, and any other revenues, and the amount of unencumbered funds from the preceding year. (c) This article shall not apply to any electrical cooperative as defined in Chapter 5 (commencing with Section 2776) of Part 2. (d) On and after January 1, 1985, this article shall apply to radiotelephone utilities as defined in Section 4902 as those provisions read on December 31, 1984. (e) This section shall become operative on January 1, 2020. ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 169 SEC. 4. Section 41020 of the Revenue and Taxation Code is amended to read: 41020. (a) A surcharge is hereby imposed on amounts paid by every person in the state for both of the following: (1) (A) Intrastate telephone communication service in this state. (B) Notwithstanding subparagraph (A), on and after January 1, 2016, and before January 1, 2020, in lieu of the surcharge imposed under subparagraph (A), a surcharge shall be imposed on amounts paid for prepaid mobile telephony services pursuant to the Prepaid Mobile Telephony Services Surcharge Collection Act (Part 21 (commencing with Section 42001)). (2) VoIP service that provides access to the "911" emergency system by utilizing the digits 9-1-1 by any service user in this state commencing on January 1, 2009. The surcharge shall not apply to charges for VoIP service where any point of origin or destination is outside of this state. (b) (1) Notwithstanding Section 41025, charges not subject to the surcharge may be calculated by a service supplier based upon books and records kept in the regular course of business, and, for purposes of calculating the interstate revenue portion not subject to the surcharge, a service supplier may also choose a reasonable and verifiable method from the following: (A) Books and records kept in the regular course of business. (B) Traffic or call pattern studies representative of the service supplier's business within California. (C) For VoIP service only, the VoIP safe harbor factor established by the FCC to be used to calculate the service supplier's contribution to the federal Universal Service Fund. The FCC safe harbor factor in effect for VoIP service on September 1 of each year shall apply for the period of January 1 to December 31, inclusive, of the next succeeding calendar year for purposes of this method. At the time the FCC establishes a safe harbor factor for the federal Universal Service Fund for VoIP service that is greater than 75 percent for interstate revenue or abolishes the safe harbor factor applicable to VoIP service, this method shall become void and of no effect, in which case a VoIP service supplier may use an alternative method approved in advance by the board, which shall be available to all VoIP service suppliers. The FCC safe harbor factor applicable to VoIP service, as described in this subparagraph, is used solely as a mechanism to calculate the charges not subject to the surcharge for VoIP service and is not necessarily reflective of the intrastate portion of VoIP service. The use of the FCC safe harbor factor authorized by this subdivision shall not be interpreted to permit application of any intrastate requirement, other than the surcharge imposed under this part, upon VoIP service suppliers. (2) Any method chosen by a service supplier shall remain in effect for at least one calendar year. (3) If a service supplier reasonably relies upon books and records kept in the regular course of business or any documentation that satisfies the reasonable and verifiable method, then the service supplier's determination of the portion of the billed amount attributable to services not subject to the surcharge shall be rebuttably presumed to be correct. The service supplier's choice of books and records or other method and surcharge billing practice shall also be rebuttably presumed to be fair and legal business practices. (4) It is the intent of the Legislature that the provisions of subparagraph (C) shall not be considered to be a precedent for the application of the surcharge or any other tax or fee where a person is required to collect a tax or fee imposed upon another. ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 170 (c) The surcharge imposed shall be at the rate of one-half of 1 percent of the charges made for the services to and including November 1, 1982, and thereafter at a rate fixed pursuant to Article 2 (commencing with Section 41030). (d) The surcharge shall be paid by the service user as hereinafter provided. (e) The surcharge imposed shall not apply to either of the following: (1) In accordance with the Mobile Telecommunications Sourcing Act (Public Law 106-252), which is incorporated herein by reference, to any charges for mobile telecommunications services billed to a customer where those services are provided, or deemed provided, to a customer whose place of primary use is outside this state. Mobile telecommunications services shall be deemed provided by a customer's home service provider to the customer if those services are provided in a taxing jurisdiction to the customer, and the charges for those services are billed by or for the customer's home service provider. (2) To any charges for VoIP service billed to a customer where those services are provided to a customer whose place of primary use of VoIP service is outside this state. (f) For purposes of this section: (1) "Charges for mobile telecommunications services" means any charge for, or associated with, the provision of commercial mobile radio service, as defined in Section 20.3 of Title 47 of the Code of Federal Regulations, as in effect on June 1, 1999, or any charge for, or associated with, a service provided as an adjunct to a commercial mobile radio service, that is billed to the customer by or for the customer's home service provider, regardless of whether individual transmissions originate or terminate within the licensed service area of the home service provider. (2) "Customer" means (A) the person or entity that contracts with the home service provider for mobile telecommunications services, or with a VoIP service provider for VoIP service, or (B) if the end user of mobile telecommunications services or VoIP service is not the contracting party, the end user of the mobile telecommunications service or VoIP service. This paragraph applies only for the purpose of determining the place of primary use. The term "customer" does not include (A) a reseller of mobile telecommunications service or VoIP communication service, or (B) a serving carrier under an arrangement to serve the mobile customer outside the home service provider's licensed service area. (3) "Home service provider" means the facilities-based carrier or reseller with which the customer contracts for the provision of mobile telecommunications services. (4) "Licensed service area" means the geographic area in which the home service provider is authorized by law or contract to provide commercial mobile radio service to the customer. (5) "Mobile telecommunications service" means commercial mobile radio service, as defined in Section 20.3 of Title 47 of the Code of Federal Regulations, as in effect on June 1, 1999. (6) "Place of primary use" means the street address representative of where the customer's use of the mobile telecommunications service or VoIP service primarily occurs, that must be: (A) The residential street address or the primary business street address of the customer. (B) With respect to mobile telecommunications service, within the licensed service area of the home service provider. (7) (A) "Reseller" means a provider who purchases telecommunications services or VoIP service from another telecommunications service provider or VoIP service and then resells ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 171 the services, or uses the services as a component part of, or integrates the purchased services into, a mobile telecommunications service or VoIP service. (B) "Reseller" does not include a serving carrier with which a home service provider arranges for the services to its customers outside the home service provider's licensed service area. (8) "Serving carrier" means a facilities-based carrier providing mobile telecommunications service to a customer outside a home service provider's or reseller's licensed area. (9) "Taxing jurisdiction" means any of the several states, the District of Columbia, or any territory or possession of the United States, any municipality, city, county, township, parish, transportation district, or assessment jurisdiction, or any other political subdivision within the territorial limits of the United States with the authority to impose a tax, charge, or fee. (10) "VoIP service provider" means that provider of VoIP service with whom the end user customer contracts for the provision of VoIP services for the customer's own use and not for resale. (11) "Prepaid mobile telephony services" has the same meaning as in subdivision (k) of Section 42004. SEC. 5. Section 41030 of the Revenue and Taxation Code is amended to read: 41030. (a) The Office of Emergency Services shall determine annually, on or before October 1, to be effective on January 1 of the following year, a surcharge rate pursuant to subdivision (b) that it estimates will produce sufficient revenue to fund the current fiscal year's 911 costs. (b) (1) The surcharge rate shall be determined by dividing the costs (including incremental costs) the Office of Emergency Services estimates for the current fiscal year of 911 costs approved pursuant to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code, less the available balance in the State Emergency Telephone Number Account in the General Fund, by its estimate of the charges for intrastate telephone communications services and VoIP service to which the surcharge will apply for the period of January 1, to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be greater than three-quarters of 1 percent or less than one-half of 1 percent. (2) Commencing with the calculation made October 1, 2015, to be effective January 1, 2016, the surcharge shall be determined by dividing the costs (including incremental costs) the Office of Emergency Services estimates for the current fiscal year of 911 costs approved pursuant to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code, less the available balance in the State Emergency Telephone Number Account in the General Fund, by its estimate of the charges for intrastate telephone communications services, the intrastate portion of prepaid mobile telephony services, and VoIP service to which the surcharge will apply for the period of January 1 to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be greater than three-quarters of 1 percent or less than one-half of 1 percent. In making its computation of the charges that are applicable to the intrastate portion of prepaid mobile telephony services, the Office of Emergency Services shall use the computation method developed by the Public Utilities Commission and reported to the Office of Emergency Services pursuant to subdivisions (a) and (b) of Section 319 of the Public Utilities Code. (c) When determining the surcharge rates pursuant to this section, ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 172 the office shall include the costs it expects to incur to plan, test, implement, and operate Next Generation 911 technology and services, including text to 911 service. (d) The Office of Emergency Services shall notify the board of the surcharge amount collected pursuant to this part and the surcharge amount applicable to prepaid mobile telephony services by October 15 of each year. (e) At least 30 days prior to determining the surcharge pursuant to subdivision (a), the Office of Emergency Services shall prepare a summary of the calculation of the proposed surcharge and make it available to the public and on its Internet Web site. The summary shall contain all of the following: (1) The prior year revenues to fund 911 costs, including, but not limited to, revenues from prepaid service. (2) Projected expenses and revenues from all sources, including, but not limited to, prepaid service to fund 911 costs. (3) The rationale for adjustment to the surcharge determined pursuant to subdivision (b), including, but not limited to, all impacts from the surcharge collected pursuant to Part 21 (commencing with Section 42001). (f) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 5.5. Section 41030 of the Revenue and Taxation Code is amended to read: 41030. (a) The Office of Emergency Services shall determine annually, on or before October 1, to be effective on January 1 of the following year, a surcharge rate pursuant to subdivision (b) that it estimates will produce sufficient revenue to fund the current fiscal year's 911 costs. (b) (1) The surcharge rate shall be determined by dividing the costs (including incremental costs) the Office of Emergency Services estimates for the current fiscal year of 911 costs approved pursuant to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code, less the available balance in the State Emergency Telephone Number Account in the General Fund, by its estimate of the charges for intrastate telephone communications services and VoIP service to which the surcharge will apply for the period of January 1 to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be greater than three-quarters of 1 percent nor less than one-half of 1 percent. (2) Commencing with the calculation made October 1, 2015, to be effective January 1, 2016, the surcharge shall be determined by dividing the costs (including incremental costs) the Office of Emergency Services estimates for the current fiscal year of 911 costs approved pursuant to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code, less the available balance in the State Emergency Telephone Number Account in the General Fund, by its estimate of the charges for intrastate telephone communications services, the intrastate portion of prepaid mobile telephony services, and VoIP service to which the surcharge will apply for the period of January 1 to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be greater than three-quarters of 1 percent or less than one-half of 1 percent. In making its computation of the charges that are applicable to the intrastate portion of prepaid mobile telephony services, the Office of Emergency Services shall use the computation method developed by the Public ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 173 Utilities Commission and reported to the Office of Emergency Services pursuant to subdivisions (a) and (b) of Section 319 of the Public Utilities Code. (c) When determining the surcharge rates pursuant to this section, the office shall include the costs it expects to incur to plan, test, implement, and operate Next Generation 911 technology and services, including text to 911 service, consistent with the plan and timeline required by Section 53121 of the Government Code. (d) The office shall notify the board of the surcharge rate determined pursuant to this section and the surcharge rate applicable to prepaid mobile telephony services by October 15 of each year. (e) At least 30 days prior to determining the surcharge pursuant to subdivision (a), the Office of Emergency Services shall prepare a summary of the calculation of the proposed surcharge and make it available to the public, the Legislature, 911 Advisory Board, and on its Internet Web site. The summary shall contain all of the following: (1) The prior year revenues to fund 911 costs, including, but not limited to, revenues from prepaid service. (2) Projected expenses and revenues from all sources, including, but not limited to, prepaid service to fund 911 costs. (3) The rationale for adjustment to the surcharge determined pursuant to subdivision (b), including, but not limited to, all impacts from the surcharge collected pursuant to Part 21 (commencing with Section 42001). (f) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 6. Section 41030 is added to the Revenue and Taxation Code, to read: 41030. (a) The Office of Emergency Services shall determine annually, on or before October 1, a surcharge rate that it estimates will produce sufficient revenue to fund the current fiscal year's 911 costs. The surcharge rate shall be determined by dividing the costs (including incremental costs) the Office of Emergency Services estimates for the current fiscal year of 911 plans approved pursuant to Section 53115 of the Government Code, less the available balance in the State Emergency Telephone Number Account in the General Fund, by its estimate of the charges for intrastate telephone communications services and VoIP service to which the surcharge will apply for the period of January 1 to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be greater than three-quarters of 1 percent nor less than one-half of 1 percent. (b) This section shall become operative on January 1, 2020. SEC. 6.5. Section 41030 is added to the Revenue and Taxation Code, to read: 41030. (a) The Office of Emergency Services shall determine annually, on or before October 1, a surcharge rate that it estimates will produce sufficient revenue to fund the current fiscal year's 911 costs. The surcharge rate shall be determined by dividing the costs (including incremental costs) the Office of Emergency Services estimates for the current fiscal year of 911 costs approved pursuant to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code, less the available balance in the State Emergency Telephone Number Account in the General Fund, by its estimate of the charges for intrastate telephone communications services and VoIP service to which the surcharge will apply for the period of January 1 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 174 to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be greater than three-quarters of 1 percent nor less than one-half of 1 percent. (b) When determining the surcharge rate, the office shall include the costs it expects to incur to plan, test, implement, and operate Next Generation 911 technology and services, including text to 911 service, consistent with the plan and timeline required by Section 53121 of the Government Code. (c) At least one month before determining the surcharge rate pursuant to subdivision (a), the office shall prepare a summary of the calculation of the proposed surcharge and make it available to the Legislature and the 911 Advisory Board, and on the office's Internet Web site. (d) This section shall become operative on January 1, 2020. SEC. 7. Section 41033 is added to the Revenue and Taxation Code, to read: 41033. (a) For purposes of this section, the following terms have the following meanings: (1) "Direct seller," "prepaid mobile telephony services," "prepaid MTS provider," "retail transaction," and "seller" have the same meanings as defined in Section 42004. (2) "Prepaid MTS 911 Account" means the Prepaid MTS 911 Account created in the Prepaid Mobile Telephony Services Surcharge Fund pursuant to Section 42023. (b) (1) For each fiscal year, beginning with the 2016-17 fiscal year and ending with the 2018-19 fiscal year, the board shall calculate the following on or before the November 1 following the end of that fiscal year: (A) The total collections for the fiscal year of that portion of the prepaid MTS surcharge that is for the emergency telephone users surcharge, net of any amounts that a seller was permitted to deduct and retain pursuant to subdivision (e) of Section 42010. (B) Less the expenses incurred and reimbursed to the board for the fiscal year from that portion of the prepaid MTS surcharge that is for the emergency telephone users surcharge pursuant to subdivision (e) of Section 42020. (2) The board shall provide notification of whether the amount calculated in this section exceeds or is less than nine million nine hundred thousand dollars ($9,900,000) on its Internet Web site by December 15 following the calculation, along with the underlying calculations, assumptions, and methodology. (c) If for any fiscal year the calculation performed pursuant to subdivision (b) results in an amount less than nine million nine hundred thousand dollars ($9,900,000), the deficiency shall be the responsibility, on a pro rata basis of each prepaid MTS provider or direct seller, as provided in this subdivision. The board shall calculate the deficiency and bill each prepaid MTS provider or direct seller its pro rata share of that deficiency based upon each prepaid MTS provider's or direct seller's percentage share of total California intrastate prepaid mobile telephony services revenues, as reported to the Public Utilities Commission pursuant to Section 319 of the Public Utilities Code for the prior fiscal year. (d) For each fiscal year, beginning with the 2016-17 fiscal year and ending with the 2018-19 fiscal year, each prepaid MTS provider or direct seller shall, on or before September 1 of each year, report to the board the amount of that portion of the prepaid MTS surcharge that is for the emergency telephone users surcharge, remitted by the provider or seller pursuant to subdivision (f) of Section 42010 for the prior fiscal year. (e) The Public Utilities Commission, within 45 days of request, ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 175 shall provide the board the name and address of each prepaid MTS provider and direct seller and each prepaid MTS provider's and direct seller's California intrastate prepaid mobile telephone services revenue, along with the provider's and seller's percentage share of total California intrastate prepaid mobile telephony services revenue for the prior fiscal year, and any other information the board deems necessary. (f) The obligation of each prepaid MTS provider and direct seller shall be enforced by serving a notice in the manner prescribed for service of a notice of a deficiency determination, not later than three years after the date the board determines that the calculation performed pursuant to subdivision (b) results in a deficiency for the previous fiscal year. Notwithstanding any provisions to the contrary in this part, a petition for a redetermination of a notice issued pursuant to this subdivision may be filed within 60 days after service upon the person of notice thereof. Solely for purposes of a notice issued pursuant to this subdivision, interest shall begin to accrue at the expiration of the 60-day period. If a petition for redetermination is not filed within the 60-day period, the determination becomes final at the expiration of that period. All determinations made by the board under this section are due and payable at the time they become final. If they are not paid when due and payable, a penalty of 10 percent of the amount of the determination, exclusive of interest and penalties, shall be added thereto. Interest shall apply in accordance with Article 6 (commencing with Section 41095). The liability imposed by this section shall be collected by the board in accordance with the provisions of this part. (g) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 8. Part 21 (commencing with Section 42001) is added to Division 2 of the Revenue and Taxation Code, to read: PART 21. Prepaid Mobile Telephony Services Surcharge Collection Act CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS 42001. This part shall be known, and may be cited, as the Prepaid Mobile Telephony Services Surcharge Collection Act. 42002. The Legislature finds and declares all of the following: (a) Maintaining effective and efficient communications services, 911 emergency systems, communications-related public policy programs to promote universal service, and various local programs across the state benefits all persons with access to the telecommunications system. (b) Providers of end-use communications services, including providers of mobile voice telecommunications services, which the Federal Communications Commission terms mobile telephony service, are required to collect and remit communications taxes, fees, and surcharges on various types of communication service revenues, as provided by existing state or local law. (c) Consumers purchase prepaid mobile telephony services at a wide variety of retail locations and other distribution channels, as well as through service providers. (d) Prepaid mobile telephony services are an important and growing ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 176 segment of the communications industry. Prepaid mobile telephony services are often the only means by which persons with low incomes can obtain limited access to the telecommunications system. (e) To ensure equitable contributions from end-use consumers of postpaid and prepaid mobile telephony services in this state, there should be standardization with respect to the method used to collect communications taxes, fees, and surcharges from end-use consumers of prepaid mobile telephony services. (f) Prepaid mobile telephony services are frequently sold by a third-party retailer that is not the provider of mobile telephony services, and collecting taxes, fees, and surcharges from prepaid consumers of mobile telephony services at the time of the retail transaction is necessary and the most efficient and competitively neutral means of collection. (g) An equitable distribution mechanism is necessary to ensure that utility user taxes and other telecommunication charges are collected on behalf of cities and counties and are properly distributed to those jurisdictions. 42004. For purposes of this part, the following terms have the following meanings: (a) "Board" means the State Board of Equalization. (b) (1) "Direct seller" means a prepaid MTS provider or service supplier, as defined in Section 41007, that makes a sale of prepaid mobile telephony services directly to a prepaid consumer for any purpose other than resale in the regular course of business. A direct seller includes, but is not limited, to any of the following: (A) A telephone corporation, as defined by Section 234 of the Public Utilities Code. (B) An interconnected Voice over Internet Protocol (VoIP) service, as defined in Section 285 of the Public Utilities Code. (C) A retailer, as defined by Section 6203, that is a member of the same commonly controlled group, as defined in Section 25105, or that is a member of the same combined reporting group, as defined in paragraph (3) of subdivision (b) of Section 25106.5 of Title 18 of the California Code of Regulations, as an entity described in subparagraph (A) or (B). (2) For purposes of this subdivision, "sale" means any transfer of title, possession, exchange, or barter, conditional or otherwise. (c) "Emergency telephone users surcharge" means surcharges authorized pursuant to the Emergency Telephone Users Surcharge Act (Part 20 (commencing with Section 41001)) to be collected from prepaid consumers of mobile telephony services. (d) "In this state" means within the exterior limits of the State of California and includes all territory within those limits owned by or ceded to the United States of America. (e) "Local charges" means those charges described in subdivision (a) of Section 42101. (f) "Local jurisdiction" or "local agency" means a city, county, or city and county, which includes a charter city, county, or city and county. (g) "Mobile data service" has the same meaning as defined in Section 224.4 of the Public Utilities Code. (h) "Mobile telephony service" or "MTS" has the same meaning as defined in Section 224.4 of the Public Utilities Code. (i) "Person" includes any individual, firm, partnership, joint venture, limited liability company, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, assignee for the benefit of creditors, trustee, trustee in bankruptcy, syndicate, the United States, this state, any city, county, city and county, municipality, district, or other political ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 177 subdivision of the state, or any other group or combination acting as a unit. (j) "Prepaid consumer" means a person who purchases prepaid mobile telephony services in a retail transaction. (k) "Prepaid mobile telephony services" means the right to utilize a mobile device for mobile telecommunications services or information services, including the download of digital products delivered electronically, content, and ancillary services, or both telecommunications services and information services, that must be purchased in advance of usage in predetermined units or dollars. For these purposes, "telecommunications service" and "information service" have the same meanings as defined in Section 153 of Title 47 of the United States Code. (l) "Prepaid MTS provider" means a telephone corporation, pursuant to Section 234 of the Public Utilities Code, that provides prepaid mobile telephony services. (m) "Prepaid MTS surcharge" means the surcharge that consists of the emergency telephone users surcharge and the Public Utilities Commission surcharges, as calculated pursuant to subdivision (b) of Section 42010, that is required to be collected by a seller from a prepaid consumer. (n) "Public Utilities Commission surcharges" means surcharges authorized by the Public Utilities Commission to be billed and collected from end-use consumers of wireless communications services, and of which the commission provides the board with notice pursuant to Section 319 of the Public Utilities Code, including: (1) The California High-Cost Fund-A Administrative Committee Fund program surcharge (Section 275.6 of the Public Utilities Code). (2) The California High-Cost Fund-B Administrative Committee Fund program surcharge (Section 739.3 of the Public Utilities Code). (3) The Deaf and Disabled Telecommunications Program Administrative Committee Fund surcharge (Section 2881 of the Public Utilities Code). (4) The California Teleconnect Fund Administrative Committee Fund program surcharge (Section 280 of the Public Utilities Code). (5) The California Advanced Services Fund program surcharge (Section 281 of the Public Utilities Code). (6) The Moore Universal Telephone Service Act (Article 8 (commencing with Section 871) of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code). (7) Public Utilities Commission reimbursement fees imposed pursuant to Chapter 2.5 (commencing with Section 401) of Part 1 of Division 1 of the Public Utilities Code. (o) "Retail transaction" means the purchase of prepaid mobile telephony services, either alone or in combination with mobile data or other services, from a seller for any purpose other than resale in the regular course of business. For these purposes, a "purchase" means any transfer of title or possession, exchange, or barter, conditional or otherwise. (p) "Seller" means a person that sells prepaid mobile telephony service to a person in a retail transaction. CHAPTER 2. THE PREPAID MOBILE TELEPHONY SERVICES SURCHARGE 42010. (a) (1) On and after January 1, 2016, a prepaid MTS surcharge shall be imposed on each prepaid consumer and shall be collected by a seller from each prepaid consumer at the time of each retail transaction in this state. The prepaid MTS surcharge shall be imposed as a percentage of the sales price of each retail transaction that occurs in this state. ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 178 (2) The prepaid MTS surcharge shall be in lieu of any charges imposed pursuant to the Emergency Telephone Users Surcharge Act (Part 20 (commencing with Section 41001)) and the Public Utilities Commission surcharges for prepaid mobile telephony services. (b) The prepaid MTS surcharge shall be annually calculated by the board by no later than November 1 of each year commencing November 1, 2015, by adding the following: (1) The surcharge rate reported pursuant to subdivision (d) of Section 41030. (2) The Public Utilities Commission's reimbursement fee and telecommunications universal service surcharges, established by the Public Utilities Commission pursuant to subdivisions (a) and (b) of Section 319 of the Public Utilities Code. (c) (1) The board shall post, for each local jurisdiction, the combined total of the rates of prepaid MTS surcharge and the rate or rates of local charges, as calculated pursuant to Sections 42102 and 42102.5, that each local jurisdiction has adopted, not later than December 1 of each year, on its Internet Web site. The posted combined rate shall be the rate that applies to all retail transactions during the calendar year beginning April 1 following the posting. (2) Notwithstanding paragraph (1), if a local agency notifies the board pursuant to subdivision (d) of Section 42101.5 that the posted rate is inaccurate or it no longer imposes a local charge or local charges or that the rate of its local charge or local charges has decreased, the board shall promptly post a recalculated rate that is applicable to the jurisdiction of that local agency. The change shall become operative on the first day of the calendar quarter commencing more than 60 days from the date the local agency notifies the board of the inaccuracy or that it no longer imposes a local charge or that the rate of its local charge has decreased. Nothing in this section modifies the notice obligations of Section 799 of the Public Utilities Code. However, beginning January 1, 2016, the notification and implementation requirements of paragraphs (5) and (6) of subdivision (a) of Section 799 of the Public Utilities Code shall not apply to prepaid mobile telephony services. (3) The board shall also separately post on its Internet Web site the individual rates for each of the following: (A) Each of the Public Utilities Commission surcharges that make up the Public Utilities Commission surcharge portion of the prepaid MTS surcharge, as reported pursuant to Section 319 of the Public Utilities Code. (B) The percentage for the emergency telephone users surcharge reported pursuant to subdivision (c) of Section 41030. (C) Each of the individual local charges reported pursuant to Section 42101.5. (4) A seller collecting the prepaid MTS surcharge and local charges pursuant to this part and Part 21.1 (commencing with Section 42100) may rely upon the accuracy of the information posted on the board's Internet Web site in collecting and remitting all amounts of the prepaid MTS surcharge and local charges. (d) (1) Except for amounts retained pursuant to subdivision (e), and except as provided in subdivision (f) for a seller that is a direct seller, all amounts of the prepaid MTS surcharge and local charges collected by sellers shall be remitted to the board pursuant to Chapter 3 (commencing with Section 42020). (2) A seller that is authorized to provide lifeline service under the state lifeline program or federal lifeline program, that sells prepaid mobile telephony services directly to the prepaid customer, shall remit the prepaid MTS surcharge to the board, less any ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 179 applicable exemption from the surcharge that is applicable to the retail transaction pursuant to Section 42012. (e) A seller that is not a direct seller shall be permitted to deduct and retain an amount equal to 2 percent of the amounts that are collected by the seller from prepaid consumers for the prepaid MTS surcharge and local charges, on a pro rata basis, according to that portion of the revenues collected by the seller for each of the following: (1) The emergency telephone users surcharge. (2) The Public Utilities Commission surcharges. (3) Local charges. (f) A direct seller shall remit the prepaid MTS surcharge and local charges as follows: (1) That portion of the prepaid MTS surcharge that consists of the Public Utilities Commission surcharges shall be remitted to the commission with those reports required by the commission. (2) That portion of the prepaid MTS surcharge that consists of the emergency telephone users surcharge shall be remitted to the board pursuant to the Emergency Telephone Users Surcharge Act (Part 20 (commencing with Section 41001)) for those retail transactions with a prepaid consumer in the state. (3) Local charges, if applicable, shall be remitted to the local jurisdiction or local agency imposing the local charge. Remittance of the local charges shall be separately identified from any other local taxes or other charges that are remitted to the local jurisdiction or local entity imposing the local tax or other charge. (g) A direct seller shall utilize the amounts posted by the board pursuant to subdivision (c) when determining what amounts to remit to the Public Utilities Commission, board, and each local jurisdiction or local agency. (h) A prepaid MTS provider shall offer prepaid consumers the option to make payment for additional prepaid usage directly to the prepaid MTS provider at the provider's retail location or Internet Web site. (i) The amount of the combined prepaid MTS surcharge and local charges shall be separately stated on an invoice, receipt, or other similar document that is provided to the prepaid consumer of mobile telephony services by the seller, or otherwise disclosed electronically to the prepaid consumer, at the time of the retail transaction. (j) The prepaid MTS surcharge that is required to be collected by a seller and any amount unreturned to the prepaid consumer of mobile telephony services that is not owed as part of the surcharge, but was collected from the prepaid consumer under the representation by the seller that it was owed as part of the surcharge, constitute debts owed by the seller to this state. The local charge shall be collected by a seller, and any amount unreturned to the prepaid consumer of mobile telephony services that is not owed as part of the local charge but that was collected from the prepaid consumer under the representation by the seller that it was owed as part of the local charge constitutes a debt owed by the seller jointly to the state, for purposes of collection on behalf of, and payment to, the local jurisdiction and to the local jurisdiction imposing that local charge. (k) A seller that has collected any amount of prepaid MTS surcharge and local charges in excess of the amount of the surcharge imposed by this part and actually due from a prepaid consumer may refund that amount to the prepaid consumer, even though the surcharge amount has already been paid over to the board and no corresponding credit or refund has yet been secured. Any seller making a refund of ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 180 any charge to a prepaid consumer may repay therewith the amount of the surcharge paid. (l) (1) Every prepaid consumer of mobile telephony services in this state is liable for the prepaid MTS surcharge and any local charges until they have been paid to this state, except that payment to a seller registered under this part relieves the prepaid consumer from further liability for the surcharge and local charges. Any surcharge collected from a prepaid consumer that has not been remitted to the board shall be a debt owed to the state by the person required to collect and remit the surcharge. Any local charge collected from a prepaid consumer that has not been remitted to the board shall be a debt owed jointly to the state, for purposes of collection on behalf of, and payment to, the local jurisdiction and to the local jurisdiction imposing the local charge by the person required to collect and remit the local charge. Nothing in this part shall impose any obligation upon a seller to take any legal action to enforce the collection of the surcharge or local charge imposed by this section. (2) A credit shall be allowed against, but shall not exceed, the prepaid MTS surcharge and local charges imposed on any prepaid consumer of mobile telephony services by this part to the extent that the prepaid consumer has paid emergency telephone users charges, state utility regulatory commission fees, state universal service charges, or local charges on the purchase to any other state, political subdivision thereof, or the District of Columbia. The credit shall be apportioned to the charges against which it is allowed in proportion to the amounts of those charges. (m) (1) A seller is relieved from liability to collect the prepaid MTS surcharge imposed by this part that became due and payable, insofar as the base upon which the surcharge is imposed is represented by accounts that have been found to be worthless and charged off for income tax purposes by the seller or, if the seller is not required to file income tax returns, charged off in accordance with generally accepted accounting principles. A seller that has previously paid the surcharge may, under rules and regulations prescribed by the board, take as a deduction on its return the amount found worthless and charged off by the seller. If any such accounts are thereafter in whole or in part collected by the seller, the amount so collected shall be included in the first return filed after such collection and the surcharge shall be paid with the return. (2) The board may by regulation promulgate such other rules with respect to uncollected or worthless accounts as it shall deem necessary to the fair and efficient administration of this part. 42012. (a) For purposes of this section, "state lifeline program" means the program furnishing lifeline voice communication service pursuant to the Moore Universal Telephone Service Act (Article 8 (commencing with Section 871) of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code). (b) The purchase in a retail transaction in this state of prepaid mobile telephony services, either alone or in combination with mobile data or other services, by a consumer is exempt from the prepaid MTS surcharge if all of the following apply: (1) The prepaid consumer is certified as eligible for the state lifeline program or federal lifeline program. (2) The seller is authorized to provide lifeline service under the state lifeline program or federal lifeline program. (3) The exemption is applied only to the amount paid for the portion of the prepaid mobile telephony service that the lifeline program specifies is exempt from the surcharges and fees that comprise the prepaid MTS surcharge. ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 181 42014. (a) For purposes of this part, a retail transaction occurs in the state under any of the following circumstances: (1) The prepaid consumer makes the retail transaction in person at a business location in the state (point-of-sale transaction). (2) If paragraph (1) is not applicable, the prepaid consumer's address is in the state (known address transaction). A known-address transaction occurs in the state under any of the following circumstances: (A) The retail sale involves shipping of an item to be delivered to, or picked up by, the prepaid consumer at a location in the state. (B) If the prepaid consumer's address is known by the seller to be in the state, including if the seller's records maintained in the ordinary course of business indicate that the prepaid consumer's address is in the state and the records are not made or kept in bad faith. (C) The prepaid consumer provides an address during consummation of the retail transaction that is in the state, including an address provided with respect to the payment instrument if no other address is available and the address is not given in bad faith. (D) The mobile telephone number is associated with a location in this state. (b) (1) A retail transaction shall occur at only one location for purposes of determining local charges. If the retail transaction is a point-of-sale transaction, the consumption of, use of, or access to, the prepaid mobile telephony service shall be presumed to be at that location. (2) If the retail transaction is a known-address transaction, the location shall be as determined in descending order beginning with subparagraph (A) of paragraph (2) of subdivision (a); if subparagraph (A) of that paragraph is inapplicable, then pursuant to subparagraph (B) of that paragraph; if both subparagraphs (A) and (B) of that paragraph are inapplicable, then subparagraph (C) of that paragraph; and if subparagraphs (A), (B), and (C) of that paragraph are inapplicable, then subparagraph (D) of that paragraph. In a known address transaction, the consumption of, use of, or access to, the prepaid mobile telephony service shall be presumed to be at the known address. (c) (1) A seller that relies in good faith on information provided by the board to match the location of a point-of-sale transaction to the applicable prepaid MTS surcharge amount and local charges, that collects that amount from the prepaid consumer, and that remits the amount to the board in compliance with this part, shall not be liable for any additional MTS surcharge or local charges and shall not be required to refund any amounts collected and paid to the board to the prepaid consumer. (2) For a known-address transaction, the seller may collect the prepaid MTS surcharge and local charges that correspond to the five-digit postal ZIP Code of the prepaid consumer's address. A seller that, with due diligence and in good faith, relies on credible information to match the five-digit postal ZIP Code of the prepaid consumer's address to the applicable prepaid MTS surcharge and local charges amount, that collects that amount from the prepaid consumer, and that remits the amount to the board in compliance with this part, shall not be liable for any additional MTS surcharge or local charges and shall not be required to refund any amounts collected and paid to the board to the prepaid consumer, even if the five-digit postal ZIP Code of the prepaid consumer's address that the seller uses corresponds to more than one local charge. 42018. (a) Except as provided in subdivisions (b) and (c), if ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 182 prepaid mobile telephony services are sold in combination with mobile data services or any other services or products for a single price, then the prepaid MTS surcharge and local charges shall apply to the entire price. (b) If prepaid mobile telephone services are sold with a mobile telephone service communication device, commonly termed a cellular telephone, for a single, nonitemized price, then the prepaid MTS surcharge and local charges shall apply to the entire nonitemized price, except if the purchase price for the cellular phone component of the bundled charge is disclosed to the prepaid consumer on a receipt, invoice, or other written or electronic documentation provided to the prepaid consumer, the prepaid MTS surcharge and local charges may be calculated excluding the separately stated price of the cellular telephone. (c) If a minimal amount of prepaid mobile telephony service is sold for a single, nonitemized price with a mobile telephony service communications device, the seller shall not apply the prepaid MTS surcharge or local charges to the transaction. For these purposes, a service allotment denominated as 10 minutes or less, or five dollars ($5) or less, is a minimal amount. CHAPTER 3. ADMINISTRATION 42020. (a) (1) The board shall administer and collect the prepaid MTS surcharge imposed by this part pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001)). For purposes of this part, the references in the Fee Collection Procedures Law to "fee" shall include the prepaid MTS surcharge imposed by this part, and references to "feepayer" shall include a person required to pay the surcharge imposed by this part, which includes the seller, who shall be required to register with the board. (2) Notwithstanding Article 1.1 (commencing with Section 55050) of Chapter 3 of Part 30, any person required, or that elects, to remit amounts due under Part 1 (commencing with Section 6001) by electronic funds transfer pursuant to Article 1.2 (commencing with Section 6479.3) of Chapter 5 of Part 1 shall remit prepaid MTS surcharge amounts due under this section by electronic funds transfer. (b) (1) The board may prescribe, adopt, and enforce regulations relating to the administration and enforcement of this part, including, but not limited to, collections, reporting, refunds, and appeals. (2) The board may prescribe, adopt, and enforce any emergency regulations as necessary to implement this part. Any emergency regulation prescribed, adopted, or enforced pursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. (c) The board shall establish procedures to be utilized by a seller to document that a sale is not a retail transaction. (d) The board shall establish procedures for sharing of information, other than information protected under Section 19542, related to the collection of the prepaid MTS surcharge upon the request of the Public Utilities Commission or the Office of Emergency Services. (e) The total combined annual expenses incurred for administration ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 183 and collection by the board pursuant to this part and Part 21.1 (commencing with Section 42100) shall be allocated by the board on a pro rata basis according to revenues collected by the board for: (1) that portion of the prepaid MTS surcharge that is for the emergency telephone users surcharge, (2) that portion of the prepaid MTS surcharge that is for the Public Utilities Commission surcharges, and (3) local charges. The board shall annually prepare a report showing the amount of both reimbursed and unreimbursed costs incurred by it in administering the collection of the prepaid MTS surcharge. (f) This section applies only to those remittances of the prepaid MTS surcharge or local charges that are required to be remitted to the board pursuant to this part and as this section is made applicable to Part 21.1 (commencing with Section 42100) pursuant to subdivision (a) of Section 42103. 42021. The board shall establish remittance schedules and methods for payment of the prepaid MTS surcharge that utilize existing methods established under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)), including all of the following: (a) The prepaid MTS surcharge, minus the amount retained by the seller pursuant to subdivision (e) of Section 42010, is due and payable to the board quarterly on or before the last day of the month following each calendar quarter. (b) On or before the last day of the month following each calendar quarter, a return for the preceding calendar quarter shall be filed using electronic media with the board. (c) Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the board. (d) This section applies only to those remittances of the prepaid MTS surcharge or local charges that are required to be remitted to the board pursuant to this part and as this section is made applicable to Part 21.1 (commencing with Section 42100) pursuant to subdivision (a) of Section 42103. 42022. Every seller shall register with the board. The board shall establish a method for registration of sellers under this part that utilizes the existing registration process for a seller's permit established pursuant to Section 6066 of the Sales and Use Tax Law (Part 1 (commencing with Section 6001)). Every application for registration shall be made upon a form prescribed by the board and shall set forth the name under which the applicant transacts or intends to transact business, the location of its place or places of business, and such other information as the board may require. An application for registration shall be authenticated in a form or pursuant to methods as may be prescribed by the board. 42023. (a) The Prepaid Mobile Telephony Services Surcharge Fund is hereby created in the State Treasury. The Prepaid MTS 911 Account and the Prepaid MTS PUC Account are hereby created in the fund. The Prepaid Mobile Telephony Services Surcharge Fund shall consist of all surcharges, interest, penalties, and other amounts collected and paid to the board pursuant to this part, less payments of refunds and reimbursements to the board for expenses incurred in the administration and collection of the prepaid MTS surcharge. (b) All moneys in the Prepaid Mobile Telephony Services Surcharge Fund attributable to the prepaid MTS surcharge shall be deposited as follows: (1) That portion of the prepaid MTS surcharge that is for the emergency telephone users surcharge shall be deposited into the Prepaid MTS 911 Account. All moneys deposited into the Prepaid MTS 911 Account shall be transferred to the State Emergency Telephone Number Account in the General Fund. (2) That portion of the prepaid MTS surcharge that is for the ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 184 Public Utilities Commission surcharges shall be deposited into the Prepaid MTS PUC Account. All moneys deposited in the Prepaid MTS PUC Account shall be allocated and transferred to the respective universal service funds, created pursuant to Chapter 1 (commencing with Section 270) of, and to the Public Utilities Commission Utilities Reimbursement Account, created pursuant to Chapter 2.5 (commencing with Section 401) of, Part 1 of Division 1 of the Public Utilities Code. 42024. This part shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 9. Part 21.1 (commencing with Section 42100) is added to Division 2 of the Revenue and Taxation Code, to read: PART 21.1. Local Prepaid Mobile Telephony Services Collection Act 42100. (a) This part shall be known and may be cited as the Local Prepaid Mobile Telephony Services Collection Act. (b) The Legislature finds and declares all of the following: (1) Maintaining effective and efficient communications services, 911 emergency systems, communications-related public policy programs to promote universal service, and various local programs across the state benefit all persons with access to the telecommunications system. (2) Providers of end-use communications services, including providers of mobile voice telecommunications services, which the Federal Communications Commission terms mobile telephony service, are required to collect and remit utility users taxes and local 911 or access charges (local charges) imposed by over 150 cities and counties in California on end-users of such mobile telephony services, as required by existing state or local law. (3) Local charges on telecommunication services represent an important source of tax revenue for many cities and counties and are used to pay for such essential governmental services as public safety, streets, parks, libraries, senior centers, and many more. (4) Prepaid mobile telephony services are an important and growing segment of the communications industry. Prepaid mobile telephony services, unlike postpaid mobile telephony services, are frequently sold by a third-party seller that is not the provider of mobile telephony services, and collecting local charges from prepaid consumers of mobile telephony services at the time of the retail transaction is necessary and the most efficient and competitively neutral means for the collection of those local charges. (5) The collection of prepaid mobile telephony services by third-party sellers and the remittance of those local charges to the board involves administrative costs and responsibilities that are unique to prepaid mobile telephony services, and therefore justify unique reimbursement and tax rate simplification measures, which are fair and reasonable. (c) It is a matter of statewide concern that the local charges for local prepaid mobile telephony services be collected in a uniform manner in order for the collection to be fair and uniform on a statewide basis. (d) It is the intention of the Legislature that this part shall preempt the provisions pertaining to the tax or charge rate, base, and method of collection contained in all local ordinances, rules, or regulations concerning the imposition of a local charge upon the ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 185 consumption of prepaid mobile telephony services to the extent those provisions are inconsistent with the provisions of this part and Part 21 (commencing with Section 42001). It is not the intent of the Legislature to otherwise preempt, limit, or affect the general authority of local jurisdictions to impose a utility user tax, local 911 charge, or any other local charges. 42101. For purposes of this part, all of the following definitions shall apply: (a) "Local charge" means the utility user taxes as described in Section 42102, and charges for access to communication services or to local "911" emergency telephone systems, as described in Section 42102.5. (b) "Ordinance" refers to an ordinance of a local jurisdiction or local agency imposing a local charge, including any local enactment relating to the filing of a refund or a claim arising under the ordinance. (c) "Board," "direct seller," "local agency," "local jurisdiction," "mobile telephony service," "person," "prepaid consumer," "prepaid mobile telephony service," "prepaid MTS provider," "prepaid MTS surcharge" and "seller" have the same meaning as those terms are defined in Section 42004 of the Prepaid Mobile Telephony Services Surcharge Collection Act (Part 21 (commencing with Section 42001)). 42101.5. (a) On and after January 1, 2016, a local charge imposed by a local agency on prepaid mobile telephony services shall be collected from the prepaid consumer by a seller at the same time and in the same manner as the prepaid MTS surcharge is collected under Part 21 (commencing with Section 42001) if, on or before September 1, 2015, the local agency shall enter into a contract with the board for the board to perform the functions set forth in Section 42103. In the contract, the local agency shall: (1) certify to the board that its ordinance applies its local charge to prepaid mobile telephony services and that the local agency agrees to indemnify, and hold and save harmless, the board, its officers, agents, and employees for any and all liability for damages that may result from collection pursuant to the contract; and, (2) certify to the board the amount of the local 911 charge, as set out in Section 42102.5, or the applicable tiered rate for a utility user tax, as set out in Section 42102. (b) In the event that a local agency adopts a new local charge that is imposed on prepaid mobile telephony services after September 1, 2015, the local agency shall enter into a contract with the board to perform the functions set forth in Section 42103, on or before December 1, with collection of the local charge to commence April 1 of the next calendar year. In the contract, the local agency shall certify to the board: (1) that its ordinance applies its local charge to prepaid mobile telephony services and that the local agency agrees to indemnify, and hold and save harmless, the board, its officers, agents, and employees for any and all liability for damages that may result from collection pursuant to the contract; and, (2) the amount of the local 911 charge, as set out in Section 42102.5, or the applicable tiered rate for a utility user tax, as set out in Section 42102. (c) In the event that a local agency increases its local charge after September 1, 2015, the local agency shall provide the board with written notice of the increased local charge on or before December 1, with collection of the local charge to commence April 1 of the next calendar year. (d) In the event that a local agency reduces or eliminates a local charge on prepaid mobile telephony services, the local agency shall provide the board with written notice pursuant to subdivision (c) of ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 186 Section 42010. (e) Notwithstanding subdivision (a), through and including December 31, 2015, a prepaid MTS provider may elect to remit the local charge to the appropriate local taxing jurisdiction based on the applicable tax rate of Section 42102, Section 42102.5, or both, and those remittances shall be deemed to be in full compliance with the local ordinance imposing a local charge on prepaid mobile telephony service. 42102. (a) Notwithstanding any other law, on and after January 1, 2016, the authority of a city, county, or city and county, which includes a charter city, county, or city and county, to impose a utility user tax on the consumption of prepaid mobile telephony service in the city, county, or city and county at the rate as specified in an ordinance authorized pursuant to Section 7284.2 or any other law is suspended, and the utility user tax rate to be applied instead during the period under any ordinance as so adopted is the applicable of the following: (1) In the case of a city, county, or city and county that has adopted an ordinance to impose a utility user tax on the consumption of prepaid communication services in the city, county, or city and county at the rate of less than 1.5 percent, the rate shall be 0 percent. (2) In the case of a city, county, or city and county that has adopted an ordinance to impose a utility user tax on the consumption of prepaid communication services in the city, county, or city and county at the rate of 1.5 percent or more but less than 2.5 percent, the rate shall be 1.5 percent. (3) In the case of a city, county, or city and county that has adopted an ordinance to impose a utility user tax on the consumption of prepaid communication services in the city, county, or city and county at the rate of 2.5 percent or more but less than 3.5 percent, the rate shall be 2.5 percent. (4) In the case of a city, county, or city and county that has adopted an ordinance to impose a utility user tax on the consumption of prepaid communication services in the city, county, or city and county at the rate of 3.5 percent or more but less than 4.5 percent, the rate shall be 3.5 percent. (5) In the case of a city, county, or city and county that has adopted an ordinance to impose a utility user tax on the consumption of prepaid communication services in the city, county, or city and county at the rate of 4.5 percent or more but less than 5.5 percent, the rate shall be 4.5 percent. (6) In the case of a city, county, or city and county that has adopted an ordinance to impose a utility user tax on the consumption of prepaid communication services in the city, county, or city and county at the rate of 5.5 percent or more but less than 6.5 percent, the rate shall be 5.5 percent. (7) In the case of a city, county, or city and county that has adopted an ordinance to impose a utility user tax on the consumption of prepaid communication services in the city, county, or city and county at the rate of 6.5 percent or more but less than 7.5 percent, the rate shall be 6.5 percent. (8) In the case of a city, county, or city and county that has adopted an ordinance to impose a utility user tax on the consumption of prepaid communication services in the city, county, or city and county at the rate of 7.5 percent or more but less than 9 percent, the rate shall be 7.5 percent. (9) In the case of a city, county, or city and county that has adopted an ordinance to impose a utility user tax on the consumption of prepaid communication services in the city, county, or city and ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 187 county at the rate of 9 percent or more, the rate shall be 9 percent. (b) Subdivision (a) is a self-executing provision that operates without regard to any decision or act on the part of any city, county, or city and county. A change in a utility user tax rate resulting from either the suspension of, or the termination of the suspension of, a utility user rate adopted by a city, county, or city and county set forth in subdivision (a) is not subject to voter approval under either statute or Article XIII C of the California Constitution. (c) Notwithstanding subdivision (a), a city, county, or city and county may levy, increase, or extend a utility user tax at any rate on the consumption of communication services, including a utility user tax on the consumption of prepaid mobile telephony service, except that during the period on and after January 1, 2016, any utility user tax rate on prepaid mobile telephony service under any ordinance as so adopted shall be the applicable rate specified in subdivision (a). (d) On and after January 1, 2016, this part shall be all of the following: (1) The exclusive method for both of the following: (A) Collecting the local utility user taxes, local 911 charges, and any other local charges imposed on consumers using prepaid mobile telephony services. (B) Defining the scope of the tax or charge with respect to prepaid mobile telephony services. (2) For the taxation of prepaid mobile telephony services only, the complete substitute for the utility user tax rate set out in the local ordinance with the applicable tiered rate as established by the Legislature. (3) This part shall not preempt, limit, or affect the general authority of local jurisdictions to impose a utility user tax, local 911 charge, or any other local charges. 42102.5. (a) Notwithstanding any other law, on and after January 1, 2016, the authority of a city, county, or city and county, which includes a charter city, county, or city and county, to impose a charge, that applies to prepaid mobile telephony service, for access to communication services or access to local "911" emergency telephone systems in the city, county, or city and county at the rate as specified in an ordinance is suspended, and the rate to be applied instead during that period under any ordinance as so adopted is the applicable of the following: (1) In the case of a city, county, or city and county that has adopted an ordinance to impose a charge that applies to prepaid mobile telephony service for access to communication services or access to local "911" emergency telephone systems in the city, county, or city and county at the rate of less than one dollar ($1) per month per access line, including any adjustments for inflation, the rate shall be 0 percent. (2) In the case of a city, county, or city and county that has adopted an ordinance to impose a charge that applies to prepaid mobile telephony service for access to communication services or access to local "911" emergency telephone systems in the city, county, or city and county at a specified percentage or at the rate of one dollar ($1) per month per access line, including any adjustments for inflation, or more, the rate shall be the specified percentage or the rate obtained by dividing the dollar amount by 50, rounded to the nearest one-tenth of 1 percent. (b) Subdivision (a) is a self-executing provision that operates without regard to any decision or act on the part of any city, ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 188 county, or city and county. A change in an access charge rate resulting from either the suspension of, or the termination of the suspension of, a charge adopted by a city, county, or city and county set forth in subdivision (a) is not subject to voter approval under either statute or Article XIII C of the California Constitution. (c) Notwithstanding subdivision (a), a city, county, or city and county may levy, increase, or extend a charge at any rate, that applies to prepaid mobile telephony services, for access to communication services or access to local "911" emergency telephone systems in the city, county, or city and county, except that during the period on and after January 1, 2016, any charge on prepaid mobile telephony service under any ordinance as so adopted shall be the applicable rate specified in subdivision (a). 42103. (a) The board shall perform all functions incident to the collection of the local charges of a local jurisdiction or local agency and shall collect and administer the local charges in the manner prescribed for the collection of the prepaid MTS surcharge in the Prepaid Mobile Telephony Services Surcharge Collection Act (Part 21 (commencing with Section 42001)), subject to the limitations set forth in Section 42105. For purposes of this part, the references in the Fee Collection Procedures Law to "fee" shall include the local charge imposed by this part, and references to "feepayer" shall include a person required to pay the local charge imposed by this part, which includes the seller. (b) All local charges collected by the board shall be deposited in the Local Charges for Prepaid Mobile Telephony Services Fund which is hereby created in the State Treasury, and shall be held in trust for the local taxing jurisdiction, and shall not be used for any other purpose. Local charges shall consist of all taxes, charges, interest, penalties, and other amounts collected and paid to the board, less payments for refunds and reimbursement to the board for expenses incurred in the administration and collection of the local charges. The board shall transmit the funds to the local jurisdictions periodically as promptly as feasible. The transmittals required under this section shall be made at least once in each calendar quarter. The board shall furnish a quarterly statement indicating the amounts paid and withheld for expenses of the board and subject to subdivision (e) of Section 42020. (c) The board shall prescribe and adopt rules and regulations as may be necessary or desirable for the administration and collection of local charges and the distribution of the local charges collected. (d) The board's audit duties under this part shall be limited to verification that the seller complied with this part. (e) Subject to the confidentiality requirements of Sections 7284.6, 7284.7, and 19542, the board shall make available to a requesting local jurisdiction or local agency any information that is reasonably available to the board regarding the proper collection and remittance of a local charge of the local jurisdiction or local agency by a seller, including a direct seller. (f) The board may contract with a third party for purposes of this part, solely in connection with the following board duties: (1) To allocate and transmit collected local charges in the Local Charges for Prepaid Mobile Telephony Services Fund pursuant to subdivision (b) to the appropriate local jurisdictions. (2) To audit proper collection and remittance of the local charge pursuant to this part. (3) To respond to requests from sellers, consumers, boards, and others regarding issues pertaining to local charges that are within ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 189 the scope of the board's duties. (g) For purposes of this part, any third-party contract under subdivision (e) shall be subject to the following limitations: (1) Any third party shall, to the same extent as the board, be subject to subdivision (b) of Section 55381, relating to unlawful disclosures. (2) A third-party contract shall not provide, in whole or in part, in any manner a contingent fee arrangement as payment for services rendered. For purposes of this section, "contingent fee" includes, but is not limited to, a fee that is based on a percentage of the tax liability reported on a return, a fee that is based on a percentage of the taxes owed, or a fee that depends on the specific tax result attained. (h) Except for sharing of information pursuant to subdivision (e), this section does not apply to direct sellers. 42105. (a) The local jurisdiction or local agency that has adopted an ordinance to impose a local charge that applies to prepaid mobile telephony service shall be solely responsible for: (1) Defending any claim regarding the validity of the ordinance in its application to prepaid mobile telephony service. (2) Interpreting any provision of the ordinance, except to the extent specifically superseded by this statute. (3) Responding to any claim for refund by a customer arising under subdivision (b), (c), or (d). The claim shall be processed in accordance with the provisions of the local enactment that allows the claim to be filed. (4) Certifying that the local jurisdiction's or local agency's ordinance applies the local charge to prepaid mobile telephony services and agreeing to indemnify and hold harmless the board, its officers, agents, and employees for any and all liability for damages that may result from collection of the local charge. (5) Reallocation of local charges as a result of correcting errors relating to the location of the point of sale of a seller or the known address of a consumer, for up to two past quarters from the date of knowledge. (6) Enforcement, including audits, of the collection and remittance of local charges by direct sellers pursuant to the local jurisdiction's or local agency's ordinance. (b) A consumer may rebut the presumed location of the retail transaction to the city or county clerk of the local jurisdiction, as provided in subdivision (b) of Section 42014, by filing a claim and declaration under penalty of perjury on a form established by the city or county clerk of the local jurisdiction or local agency indicating the actual location of the retail sale. The claim shall be processed in accordance with the provisions of the local enactment that allows the claim to be filed. (c) A consumer that is exempt from the local charge under the local enactment may file a claim for a refund from the local jurisdiction or local agency in accordance with the refund provisions of the local enactment that allows the claim to be filed. (d) In connection with any actions or claims relating to or arising from the invalidity of a local tax ordinance, in whole or in part, the seller shall not be liable to any consumer as a consequence of collecting the tax. In the event a local jurisdiction or local agency is ordered to refund the tax, it shall be the sole responsibility of the local jurisdiction or local agency to refund the tax. In any action seeking to enjoin collection of a local charge by a seller, in any action seeking declaratory relief concerning a local charge, in any action seeking a refund of a local charge, or in any action seeking to otherwise invalidate a local charge, the sole ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 190 necessary party defendant in the action shall be the local jurisdiction or local agency on whose behalf the local charge is collected, and the seller collecting the local charge shall not be named as a party in the action. There shall be no recovery from the state for the imposition of any unconstitutional or otherwise invalid local charge that is collected pursuant to this part. 42106. (a) For purposes of this section: (1) "Quarterly local charges" means the total amount of local charges transmitted by the board to a city, county, or city and county for a calendar quarter. (2) "Refund" means the amount of local charges deducted by the board from a city's, county's, or city and county's quarterly local charges in order to pay the city's, county's, or city and county's share of a local charge refund due to one taxpayer. (3) "Offset portion" means that portion of the refund which exceeds the greater of fifty thousand dollars ($50,000) or 20 percent of the city's, county's, or city and county's quarterly local charges. (b) Except as provided in subdivision (c), if the board has deducted a refund from a city's, county's, or city and county's quarterly local charges which includes an offset portion, then the following provisions apply: (1) Within three months after the board has deducted an offset portion, the city, county, or city and county may request the board to transmit the offset portion to the city, county, or city and county. (2) As promptly as feasible after the board receives the city's, county's, or city and county's request, the board shall transmit to the city, county, or city and county the offset portion as part of the board's periodic transmittal of local charges. (3) The board shall thereafter deduct a pro rata share of the offset portion from future transmittals of local charges to the city, county, or city and county over a period to be determined by the board, but not less than two calendar quarters and not more than eight calendar quarters, until the entire amount of the offset portion has been deducted. (c) The board shall not transmit the offset portion of the refund to the city, county, or city and county if that transmittal would reduce or delay either the board's payment of the refund to the taxpayer or the board's periodic transmittals of local charges to other cities, counties, or city and county. 42107. A local jurisdiction or local agency shall pay to the board its pro rata share of the board's cost of collection and administration as established pursuant to subdivision (e) of Section 42020. 42109. The board shall annually prepare a report showing the amount of both reimbursed and unreimbursed costs incurred by it in administering the collection of local charges pursuant to this part. 42110. (a) Notwithstanding Section 55381, it is unlawful for any person, other than an officer or employee of a county, city and county, city, or district, who obtains access to information contained in, or derived from, prepaid mobile telephony services surcharge and local charge records of the board pursuant to subdivision (b), to retain that information after that person's contract with the county, city and county, city, or district has expired. (b) (1) When requested by resolution of the legislative body of any county, city and county, city, or district, the board shall permit any duly authorized officer or employee of the county, city and county, city, or district, or other person designated by that ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 191 resolution, to examine all of the prepaid mobile telephony services surcharge and local charge records of the board pertaining to the ascertainment of those prepaid mobile telephony services surcharge and local charges to be collected for the county, city and county, city, or district by the board pursuant to contract entered into between the board and the county, city and county, city, or district pursuant to this part. Except as otherwise provided in this section, this subdivision does not allow any officer, employee, or other person authorized or designated by a county, city and county, city, or district to examine any sales or transactions and use tax records of any taxpayer. The costs that are incurred by the board in complying with a request made pursuant to this subdivision shall be deducted by the board from those revenues collected by the board on behalf of the county, city and county, city, or district making the request. (2) The resolution of the legislative body of the county, city and county, city, or district shall certify that any person designated by the resolution, other than an officer or employee, meets all of the following conditions: (A) Has an existing contract with the county, city and county, city, or district to examine those prepaid mobile telephony services surcharge and local charge records. (B) Is required by that contract to disclose information contained in, or derived from, those prepaid mobile telephony services surcharge and local charge records only to an officer or employee of the county, city and county, city, or district who is authorized by the resolution to examine the information. (C) Is prohibited by that contract from performing consulting services for a seller during the term of that contract. (D) Is prohibited by that contract from retaining the information contained in, or derived from, those prepaid mobile telephony services surcharge and local charge records, after that contract has expired. (3) Information obtained by examination of board records pursuant to this subdivision shall be used only for purposes related to the collection of the prepaid mobile telephony services surcharge and local charges by the board pursuant to the contract, or for purposes related to other governmental functions of the county, city and county, city, or district set forth in the resolution. (c) If the board believes that any information obtained pursuant to subdivision (b) has been disclosed to any person not authorized or designated by the resolution of the legislative body of the county, city and county, city, or district, or has been used for purposes not permitted by subdivision (b), the board may impose conditions on access to its local charge records that the board considers reasonable, in order to protect the confidentiality of those records. (d) Predecessors, successors, receivers, trustees, executors, administrators, assignees, and guarantors, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid local charges or amounts of local charges required to be collected, interest, and penalties. 42111. This part shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 10. (a) For purposes of this section the following terms have the following meanings: (1) "Local charges" has the same meaning as defined in Section 42101 of the Revenue and Taxation Code. ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 192 (2) "Prepaid MTS collection acts" mean the Prepaid Mobile Telephony Services Surcharge Collection Act (Part 21 (commencing with Section 42001) of Division 2 of the Revenue and Taxation Code) and the Local Prepaid Mobile Telephony Services Collection Act (Part 21.1 (commencing with Section 42100) of Division 2 of the Revenue and Taxation Code) and the related implementing statutes found in Sections 1, 2, 5, and 7 of this act that will repeal as of January 1, 2020, unless extended by the Legislature. (3) "Prepaid MTS surcharge" has the same meaning as defined in Section 42004 of the Revenue and Taxation Code. (b) To assist the Legislature in determining whether to extend the prepaid MTS collection acts beyond their repeal date of January 1, 2020, the State Board of Equalization, by no later than July 1, 2017, shall prepare both of the following: (1) A report identifying, for the 2016 calendar year, the actual revenues collected by the board through the prepaid MTS surcharges and local charges, the number of sellers remitting prepaid MTS surcharges and local charges, including the number of individual seller locations remitting local charges pursuant to the prepaid MTS collection acts, and the board's actual costs of implementation of the prepaid MTS collection acts. (2) A revised estimate, for the 2017, 2018, and 2019 calendar years, of the annual revenues to be collected by the board through the prepaid MTS surcharges and local charges and the board's annual cost of implementation of the prepaid MTS collection acts for each of those calendar years, including any other significant anticipated change in revenues or board implementation costs if the acts are extended beyond their repeal date of January 1, 2020. (c) Subdivision (b) only applies to those remittances that are required to be remitted to the board pursuant to the prepaid MTS collection acts. SEC. 11. (a) For purposes of this section, the following terms have the following meanings: (1) "Local charges" has the same meaning as defined in Section 42101 of the Revenue and Taxation Code. (2) "Prepaid MTS collection acts" mean the Prepaid Mobile Telephony Services Surcharge Collection Act (Part 21 (commencing with Section 42001) of Division 2 of the Revenue and Taxation Code) and the Local Prepaid Mobile Telephony Services Collection Act (Part 21.1 (commencing with Section 42100) of Division 2 of the Revenue and Taxation Code) and the related implementing statutes found in Sections 1, 2, 5, and 7 of this act that will repeal as of January 1, 2020, unless extended by the Legislature. (3) "Prepaid MTS surcharge" has the same meaning as defined in Section 42004 of the Revenue and Taxation Code. (b) The repeal of any provision of the prepaid MTS collection acts shall not affect the billing or collection of the prepaid MTS surcharge, the calculation, billing, or collection of a pro-rata deficiency pursuant to Section 41033 of the Revenue and Taxation Code, the liability for which accrued prior to January 1, 2020, the making of any refunds and effecting of any credits, the disposition of money collected, nor shall the repeal affect any act done or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause, before that repeal; but all rights and liabilities under that law shall continue, and may be enforced in the same manner, as if the repeal had not been made. SEC. 12. The Legislature finds and declares that the law in effect prior to the imposition of the prepaid MTS surcharge as a result of the enactment of this act is the subject of ongoing and potential litigation. No inference shall be drawn from the enactment of this ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 193 act with respect to any remittance requirements of a prepaid MTS provider pursuant to the law as it existed prior to the enactment of this act. Additionally, nothing in this act shall affect any remittance requirements of a prepaid mobile telephony services provider for any service other than prepaid mobile telephony services. Nothing in this act shall affect the federal remittance requirements of a prepaid mobile telephony services provider. SEC. 13. It is the intent of the Legislature that the remittance obligations of a prepaid mobile telephony services provider, relating to emergency telephone users surcharge and any charges imposed by the Public Utilities Commission pursuant to Chapter 2.5 (commencing with Section 401) of Part 1 of Division 1 of the Public Utilities Code or for purposes of the universal services programs, shall remain applicable for each of the following: (a) The collection of surcharges, the liability for which accrued prior to January 1, 2016. (b) The making of any refunds and the effecting of any credits for payments made on claims of liability that accrued prior to January 1, 2016. (c) The disposition of money collected on any liability that accrued prior to January 1, 2016. (d) The commencement of any action or proceeding pursuant to the Public Utilities Act (Part 1 (commencing with Section 201) of Division 1 of the Public Utilities Code). SEC. 14. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SEC. 15. (a) Section 5.5 of this bill incorporates amendments to Section 41030 of the Revenue and Taxation Code proposed by both this bill and Senate Bill 1211. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2015, but this bill becomes operative first, (2) each bill amends Section 41030 of the Revenue and Taxation Code, and (3) this bill is enacted after Senate Bill 1211, in which case Section 41030 of the Revenue and Taxation Code, as amended by Section 5 of this bill, shall remain operative only until the operative date of Senate Bill 1211, at which time Section 5.5 of this bill shall become operative. (b) Sections 5 and 5.5 of this bill would amend Section 41030 of the Revenue and Taxation Code and would repeal that section on January 1, 2020. Section 6 of this bill would add Section 41030 to the Revenue and Taxation Code as it read prior to its amendment by either Section 5 or 5.5 of this bill. Section 6.5 of this bill incorporates amendments to Section 41030 of the Revenue and Taxation Code proposed by Senate Bill 1211. Section 6.5 shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2015, (2) each bill amends Section 41030 of the Revenue and Taxation Code, and (3) this bill is enacted after Senate Bill 1211, in which case Section 6 of this bill shall not become operative. SEC. 16. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SEC. 17. This act is an urgency statute necessary for the ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 194 immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide a standardized collection mechanism as soon as possible by which state and local charges are collected from end-users of prepaid mobile telephony services, thereby permitting needed financial support for programs necessary to serve the public or telecommunications users, it is necessary that this act take effect immediately. ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 195 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTAAUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE BOARD OF EQUALIZATION FOR IMPLEMENTATION OF THE LOCAL PREPAID MOBILE TELEPHONY SERVICES COLLECTION ACT WHEREAS, on August 18, 2015, the City of Chula Vista certified that Ordinance No. 3318 applies its local charge (utility users tax) to prepaid mobile telephony services; and WHEREAS, the Local Prepaid Mobile Telephony Services Collection Act mandates the Board of Equalization (Board) to administer and collect the local charges for all applicable local jurisdictions (Rev. & Tax Code Section 42103); and WHEREAS, the Board will perform all functions incident to administration and collection of the local charges for the City of Chula Vista; and WHEREAS, the Board requires that the City ofChula Vista enter into an “Agreement for State Collection and Administration of Local Charges”, as set forth in Exhibit 1, attached hereto and incorporated herein by reference as if set forth in full,prior to implementation of the Local Prepaid Mobile Telephony Services Collection Act; and WHEREAS, the Board requires that the City of Chula Vista authorize the agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that the “Agreement for State Collection and Administration of Local Charges” as reflected in Exhibit 1 to this Resolution is hereby approved and the City Manager is hereby authorized to execute the agreement. Presented byApproved as to form by Maria KachadoorianGlen R. Googins Deputy City Manager/ Director of FinanceCity Attorney ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 196 LocalJurisdiction______________ CityofChulaVista AGREEMENTFORSTATECOLLECTIONANDADMINISTRATIONOF LOCALCHARGES ThisAgreementisfor the purpose of implementing the LocalPrepaid Mobile Telephony ServicesCollectionAct(Part 21.1, commencingwithSection 42100) of Division 2 of the Revenue andTaxation Code), hereinafterreferredtoas the LocalChargeAct.The ____________________________and the StateBoardof Equalization, hereinaftercalled CityofChulaVista Insertnameoflocaljurisdiction the Board, do agreeasfollows: ARTICLE I DEFINITIONS Unless the contextrequiresotherwise,wherever the followingtermsappearinthis Agreement they shall be interpretedtomean the following: A.“Administrative Expenses” meansallexpensesincurredby the Boardin the administrationandcollection of the localcharges, including preparationandwind down costswhichare reimbursable to the Boardfrom the revenuescollectedby the Board on behalf of the localjurisdiction. B. “Contingent Fee” includes, but is not limitedto, a feethatisbasedon a percentageof the taxliabilityreported on a return, a feethatisbased on a percentage of the taxes owed, or a feethat depends on the specifictaxresultattained. C.“DirectSeller” means a prepaid Mobile Telephony Service(MTS) provider or service supplier,asdefinedinsection 41007, thatmakes a sale of prepaidmobile telephony servicesdirectlyto a prepaid consumerforany purpose other thanresalein the regular course of business. A directsellerincludes, but is not limited to, a telephone corporation, a person that provides aninterconnectedVoice over Internet Protocol (VoIP) service,and a retailerasdescribedinsection 42004(b)(1). D.“Local Charges” meansa utilityusertax imposed on the consumption of prepaidmobile telephony services,asdescribedinsection 42102, andchargesforaccess tocommunicationservices or tolocal “911” emergencytelephone systems imposed by a localjurisdiction,asdescribedinsection 42102.5. E. “Local Jurisdiction”or “local agency” means a city, county, orcityand county, which includes a chartercity, county, or cityand county of thisState,which has adopted an ordinance imposing a localcharge of the kind describedinPart 21.1 of Division 2 of the RevenueandTaxation Code and hasenteredinto a contractwith the Boardtoperformall functions incident to the collection of the localcharges. F. “Ordinance” meansan ordinance of a localjurisdiction imposing a local charge, including anylocalenactmentrelatingto the filing of a refund or a claimarising under the ordinance,attachedhereto,asamendedfromtimetotime. 1 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 197 G.“Quarterly local charges” means the total amount of localcharges transmittedby the Boardto a localjurisdictionfor a calendarquarter,assetforthin section 42106(a)(1). H.“Refund” means the amount of localcharges deducted by the Boardfrom a localjurisdiction’squarterlylocalchargesin order to pay thatjurisdiction’sshare of a localcharge refund due to one taxpayer. I. “Section” – allsectionreferencesareto the RevenueandTaxation Code. J.“Seller” means a personthatsellsprepaidmobile telephony service to a person in a retailtransaction. ARTICLEII BOARDADMINISTRATIONANDCOLLECTIONOFLOCALCHARGES A.Administration. TheBoardand the localjurisdictionagreethat the Board shallperform functions incident to the collection of the localchargesfromsellersthatare not directsellers. B.Collection. TheBoardshallcollect the localchargesin the samemannerasit collects the prepaidMTSSurchargein the Prepaid Mobile Telephony Services Surcharge CollectionAct,subjecttospecifiedlimitationsin the Local Charge Actforwhich the localjurisdictionis responsible, assetforthinArticleIIIofthisAgreement. C.Audits. TheBoard’s audit duties shall be limitedtoverificationthat the seller thatis not a directsellercompliedwith the Local Charge Act. D. Otherapplicablelaws. TheBoardand the localjurisdictionagreethatall provisions of law applicable to the administrationand operation of the LocalChargeAct, Prepaid Mobile TelephonyServicesSurchargeCollectionAct,and the FeeCollection ProceduresLaw(FCPL)shall be applicableto the collection of localcharges.References in the FCPLtofeepayer include a person required to pay the localcharge, including the seller. Allfutureamendmentstoapplicablelawsareautomaticallyincorporatedintothis Agreement. E. Deposit of Local Charges. AlllocalchargescollectedbytheBoardshall be deposited in the LocalChargesforPrepaid Mobile Telephony ServicesFundin the State Treasurytobeheldin trust for the localtaxing jurisdiction.Localchargesshall consist of alltaxes,charges,interest,penalties,and other amounts collected and paidto the Board, less payments for refunds andreimbursementto the Boardforexpensesincurred in the administrationandcollection of the localcharges, including preparation andwind- down costs. F. Allocation of Expenses. TheBoardshallallocate the total combined annual expensesincurredforadministrationandcollection pursuant to the Prepaid Mobile Telephony Services Surcharge CollectionActand the Local Charge Act on a prorata basisaccordingtorevenuescollectedfor:(1) the emergency telephone users surcharge portion of the prepaidMTSsurcharge,(2) the PublicUtilitiesCommissionsurcharges 2 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 198 portion of the prepaidMTSsurcharge,and(3)localcharges.TheBoardshallcharge a localjurisdictionitsproratashare of the Board’s cost of collectionandadministration. G. Transmittal of money. Alllocalchargescollectedby the Boardshall be transmittedto the localjurisdiction once ineachcalendarquarter.Transmittalsmaybe madebymail or bydepositto the account of the localjurisdictionin a bank designated bythatjurisdiction.TheBoardshallfurnish a statementquarterly indicating the amounts paidandwithheldforexpenses of the Board. H. Rules. TheBoardshallprescribeand adopt suchrulesand regulations asinits judgment arenecessaryordesirablefor the administrationandcollection of localcharges and the distribution of the localchargescollected. I. Security. TheBoardagreesthatanysecuritywhichithereafterrequiresto be furnished under theFCPLsection 55022 will be upon suchtermsthatitalsowill be availablefor the payment of the claims of the localjurisdictionforlocaltaxes owing toit asitsinterestappears.TheBoardshall not be requiredtochangetheterms of anysecurity now heldbyit,andthelocaljurisdictionshall not participateinanysecurity now heldby the Board. J.Records of the Board. 1.Information obtained by the localjurisdictionfrom the examination of the Board’srecordsshall be usedby the localjurisdiction only for purposes relatedto the collection of the prepaidmobile telephony services surcharge andlocalcharges by the Board pursuant tothisAgreement. 2.Whenrequestedby resolution of the legislative body of a local jurisdiction, the Boardshallpermitany duly authorized officeroremployee or other person designatedby that resolution toexamineanyinformationforitsownjurisdictionthatisreasonably availableto the Boardregardingthe proper collectionandremittance of a localcharge of the localjurisdictionby a seller, including a directseller,subjectto the confidentiality requirements of sections 7284.6, 7284.7 and 19542.(sections 42110(b), 42103(e).). 3.The resolution of the localjurisdictionshallcertifythatanypersondesignated by the resolution, other thananofficerandanemployee,meetsall of the following conditions: a.Hasanexistingcontractwith the localjurisdictionthat authorizes the person toexamine the prepaidMTSsurchargeandlocalchargerecords. b.Isrequiredbythatcontractwith the localjurisdictionto disclose information containedin or derived from, those records only toanofficer or employeeof the localjurisdiction authorized by the resolution toexamine the information. c.Is prohibited bythatcontractfromperforming consulting servicesfor a seller during the term of thatcontract. d.Is prohibitedbythatcontractfromretaininginformationcontained in, or derivedfrom, those prepaidMTS surcharge andlocalchargerecords,after thatcontracthasexpired. 3 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 199 4.Anythirdpartycontractbetweenthelocaljurisdictionandanentityorperson authorizedby the localjurisdictiontorequestinformationfrom the Boardshall be subject to the following limitations: a.Anythirdpartyshall,to the sameextentas the Board, be subject toSection 55381,relatingto unlawful disclosures. b. A thirdpartycontract shall not provide, in whole or inpart,inany manner a contingent feearrangementas payment forservicesrendered. 5.Information obtained byexamination of Boardrecordsshall be used only for purposes relatedto the collection of the prepaidMTS surcharge andlocalchargesby the board pursuant to the contract, or for purposes relatedto other governmental functions of the localjurisdictionsetforthin the resolution. ’ 6.If the Boardbelievesthatanyinformation obtained from the Boards records relatedto the collection of the prepaidMTS surcharge andlocalchargeshasbeen disclosedtoanyperson not authorized or designatedbythe resolution of thelocal jurisdiction, or hasbeenusedfor purposes not permittedbysection 42110(b), the board may impose conditions onaccesstoitslocalchargerecordsthat the board considers reasonable,in order toprotect the confidentiality of those records.(section 42110 (c).) 7.Thecostsincurredby the Boardin complying with a requestforinformation shall be deductedby the Boardfrom thoserevenuescollectedby the Board on behalfof the localjurisdiction making the request,asauthorizedbysection 42110(b)(1). ARTICLEIII LOCALJURISDICTION ADMINISTRATIONANDRESPONSIBILITIES A. The local jurisdictions shallbesolelyresponsible for all of thefollowing: 1.Defendinganyclaim regarding the validityof the ordinance initsapplication toprepaidmobile telephony service.Theclaimshall be processedinaccordancewith the provisions of the local ordinance thatallows the claim to be filed. 2.Interpretingany provision of the ordinance, exceptto the extentspecifically supersededby section 42105 of the Local Charge Act.Theclaimshallbeprocessedin accordancewith the provisions of the localenactmentthatallows the claim to be filed. 3. Responding tospecified consumer claimsfor refund involving: (1) rebutting the presumedlocation of the retailtransaction;(2) a consumer claimofexemptionfrom the localcharge under the ordinance; or (3)anyaction or claimchallenging the validity of a localtax ordinance, in whole or part.Theclaimshall be processedinaccordance with the provisions of the localenactmentthatallows the claimto be filed. 4.Refunding the taxes in the event a localjurisdiction or localgovernmentis orderedto refund the tax under the local ordinance. 4 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 200 5. Reallocating localchargesas a result of correctingerrorsrelatingto the location of the point of sale of a selleror the known address of a consumer, for up totwo past quartersfrom the date of knowledge. 6.Collecting localcharges on prepaidmobile telephony serviceandaccessto communicationservices or accesstolocal 911 emergency telephone systems imposed on directsellers. 7.Enforcement, including audits, of the collectionandremittance of local chargesbydirectsellers pursuant to the ordinance. 8.Thelocaljurisdictionshall be the sole necessarypartydefendant on whose behalf the localchargeiscollectedinanyaction seekingto enjoin collection of a local chargeby a seller,inanyactionseekingdeclaratoryrelief concerning a localcharge,in anyactionseeking a refund of a localcharge, or inanyactionseekingtootherwise invalidate a localcharge.There shall be no recoveryfrom the Statefor the imposition of any unconstitutional or otherwise invalidlocalchargethatiscollected under the Local Act. 9.Entering intoanagreementwith the Boardtoperform the functions incident to the collection of the localcharges imposed on sellersthatare not directsellers. 10.SubmittinganexecutedCertificationto the Board, certifyingthat: (a) the localjurisdiction’s ordinance applies the localchargetoprepaidmobile telephony services; (b) the amount of the ratechargedforaccesstolocal 911 emergency telephone systems or accesstocommunicationsservicescomplieswith the requirements of section 42102.5; and/or applies the tieredratefor the utility user tax,asidentifiedinsection 42102. (c) Thelocaljurisdictionshallfurthercertifythatitagreesto indemnify andto hold harmless the Board,itsofficers,agents,andemployeesforanyandallliabilityfor damagesthatmayresultfrom the Board’scollection pursuant tothisAgreement. 11. Submittingsigned documents to the Boardto include agreement(s), certification,copy of ordinance(s),and resolution(s). 12. Providing paymentto the Board of the localjurisdiction’sproratashare of the Board’scost of collectionandadministrationasestablished pursuant to subdivision (e) of section 42020. 5 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 201 ARTICLEIV LOCALCHARGES A.Local Charges – Timeliness – Thispart shall remainineffectuntil proposedCaliforniaCode of Regulations, title 18, section 2460 isadoptedbythe Board and approved bytheOffice of Administrative Law. 1.Ordinancesineffect as of September 1, 2015. On or afterJanuary 1, 2016, a localchargeimposedby a localjurisdiction on prepaid mobile telephony servicesshall be collectedfrom the prepaid consumer by a sellerat the sametimeandin the samemanneras the prepaidMTSsurchargeiscollected under Part 21(commencingwithsection 42001) provided that, on or beforeSeptember 1, 2015, the localjurisdictionentersinto a contractwith the Board pursuant tosection 42101.5. Thereafter,all subsequently enactedlocal charges, increasestolocalcharges, or other changes thereto, shall become operative pursuant to paragraphs (2),(3),and(4). 2.Newcharges.When a localjurisdiction adopts a newlocalchargeafter September 1, 2015, the localjurisdictionshallenterinto a contractwith the Board, st pursuant tosection 42101.5, on or beforeDecember 1,withcollection of the local st chargetocommenceApril 1 of the nextcalendaryear. 3.Increasesin local charges. When a localjurisdictionincreasesanexisting localchargeafterSeptember 1, 2015, the localjurisdictionshall provide the Board st written notice of the increase, on orbeforeDecember 1,withcollection of the local st chargetocommenceApril 1 of the nextcalendaryear. 4. Inaccuraterateposted on the Board’s website. When a localjurisdiction notifies the Boardinwritingthat the rate posted on the Board’sInternetWebsite (posted rate)for a localcharge imposed bythatlocaljurisdictionisinaccurate, including scenarioswherethelocalchargewas reduced or eliminated, the recalculatedrate applicableto the localjurisdictionshallbecomeoperative on the firstday of the calendar quartercommencingmorethan 60 daysfrom the date the Boardreceives the local jurisdiction’swrittennotificationthat the posted rateisinaccurate. A.Local Charges – Timeliness – Thispartshalltakeeffect and supersede the above “Local Charges – TimelinesssectionwhenCaliforniaCode of Regulations, title 18, section 2460 is adopted bythe Board and approved bythe Office of Administrative Law. 1.Ordinancesineffect as of September 1, 2015. On or afterJanuary 1, 2016, a localcharge imposed by a localjurisdiction on prepaidmobile telephony servicesshall be collectedfrom the prepaid consumer by a sellerat the sametimeandin the same manneras the prepaidMTS surcharge iscollected under Part 21 (commencingwith section 42001) provided that, on or beforeSeptember 1, 2015, the localjurisdictionenters into a contractwith the Board pursuant tosection 42101.5. In the event a localjurisdiction does not enterinto a contractwith the Boardby September 1, 2015, the localjurisdictionmayenterinto a contractwith the Board, st pursuant tosection 42101.5, on or beforeDecember 1,withcollection of the local st chargetocommenceApril 1 of the next calendaryear.Thereafter,all subsequently 6 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 202 enactedlocalcharges,increasestolocalcharges, or other changesthereto,shallbecome operative pursuant to paragraphs (2),(3),(4)and (5) of this subdivision. 2.Newcharges. When a localjurisdiction adopts a newlocalchargeafter September 1, 2015, the localjurisdictionshallenterinto a contractwith the Board, st pursuant tosection 42101.5, on or beforeDecember 1,withcollection of the local st chargetocommenceApril 1 of the nextcalendaryear. 3.Increasesin local charges. When a localjurisdictionincreasesanexisting localchargeafterSeptember 1, 2015, the localjurisdictionshall provide the Board st written notice of the increase, on orbeforeDecember 1,withcollection of the local st chargetocommenceApril 1 of the nextcalendaryear. 4. Advance written notification. When a localchargeis about toexpire or decreaseinrate, the localjurisdiction imposing the localchargeshall notify the Boardin writingof the upcoming change, not lessthan 110 dayspriorto the date the localcharge isscheduledtoexpire or decrease.Thechangeshallbecome operative on the first day of the calendar quarter commencingafter the specifieddate of expiration or decreaseinrate. Ifadvancewritten notice is provided lessthan 110 dayspriorto the specifieddate of expiration or decreaseinrate, the changeshallbecome operative on the first day of the calendarquartercommencing more than 60 daysafter the specifieddate of expiration or decrease. 5.InaccurateRatePosted on the Board’s Website. When a localjurisdiction notifies the Boardinwritingthat the rate posted on the Board’sInternetWebsite (posted rate)for a localcharge imposed bythatlocaljurisdictionisinaccurate, including scenarioswhere the localchargewasreduced or eliminatedand the localjurisdiction failedto provide advance written notice pursuant toparagraph 4 of this subdivision, the recalculatedrate applicable to the localjurisdictionshallbecome operative on the first day of the calendarquartercommencing more than 60 daysfrom the date the Board receives the localjurisdiction’swrittennotificationthat the posted rateisinaccurate.The localjurisdictionshall promptly notify theBoardinwriting of anysuchdiscrepancies with the posted ratethatare known ordiscoveredby the localjurisdiction. ARTICLE V COMPENSATION Thelocaljurisdictionagreesto pay the Boarditsproratashare of theBoard’s cost of collectionandadministration of the localcharges,asestablished pursuant to section 42020, subdivision (e).Such amounts shall be deducted from the localchargescollected by the Boardfor the localjurisdiction. ARTICLEVI MISCELLANEOUSPROVISIONS A.Communications. Communications andnoticesmay be sentbyfirst-class UnitedStatesMail. A notificationiscompletewhen deposited in the mail. Communications andnoticesto be sentto the Boardshall be addressed to: 7 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 203 StateBoardofEqualization P.O.Box 942879MIC: 27 Sacramento,California 94279-0001 Attention: Supervisor, LocalRevenueAllocationUnit Communications andnoticesto be sentto the localjurisdictionshall be addressed to: CityofChulaVista 276FourthAvenue ChulaVista,CA91910 Attention:TreasuryManager B.Term. Thedate of thisAgreementis the dateonwhichitis approved by the Department of GeneralServices.TheAgreementshalltakeeffect on the first day of the calendar quarter nextsucceeding the date of such approval, but in no casebefore the operative date of the localjurisdiction’s ordinance, nor on a day otherthan the first day of a calendarquarter.ThisAgreementshall be renewedautomaticallyfromyeartoyear until January 1, 2020, when the LocalChargeActisrepealed, unless a statuteenacted prior tothatdateextendsthatdate. Insuchevent,thisAgreementwill continue torenew automaticallyfromyeartoyearto the date authorized bystatute. STATEBOARDOFEQUALIZATION By_____________________________ Administrator, ReturnAnalysisandAllocationSection LOCAL JURISDICTION_________________ CityofChulaVista By_____________________________ (Signature on thisline) _______________________________ GaryHalbert (Type name here) _______________________________ CityManager (Typetitlehere) 8 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 204 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTAAUTHORIZING THE EXAMINATION OF PREPAID MOBILE TELEPHONY SERVICES SURCHARGE AND LOCAL CHARGE RECORDS WHEREAS, pursuant to Ordinance No., 3318 of the City of Chula Vistaand the Local Prepaid Mobile Telephony Services Collection Act, the City ofChula Vista, hereinafter called Local Jurisdiction, entered into a contract with the State Board of Equalization, hereafter referred to as the Board, to perform all functionsincident to the administration and collection of the prepaid mobile telephony services surcharge and local charges (Rev. & Tax. Code, § 42101.5); and WHEREAS, the Local Jurisdiction deems it desirable and necessary for authorized representatives of the Local Jurisdiction to examine confidential prepaid mobile telephony services surcharge and local charge records pertaining to the prepaid mobile telephony services surcharge and local charges collected by the Board for the Local Jurisdiction pursuant to that contract;and WHEREAS, the Board will make available to the Local Jurisdiction any information that is reasonably available to the Board regarding the proper collection and remittance of a local charge of the Local Jurisdiction by a seller, including a direct seller, subject to the confidentiality requirements of Sections 7284.6, 7284.7 and 19542 of the Revenue and Taxation Code; and WHEREAS, Sections 42110 and 42103 of the Revenue and Taxation Code sets forth certain requirements and conditions for thedisclosure of Board of Equalization records and establishes criminal penalties for the unlawful disclosure of information contained in or derived from the prepaid mobile telephony services surcharge and local charge records of the Board; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that the City Manageror other officer or employee of the Local Jurisdictiondesignated in writing by the City Managerto the Board is hereby appointed to representthe Local Jurisdiction with authority to examine prepaid mobile telephony services surcharge and local charge records of the Board pertaining to prepaid mobile telephony services surcharge and local charges collected for the Local Jurisdiction by the Board pursuant to the contract between the Local Jurisdiction and the Board. The information obtained by examination of Board records shall be used only for purposes related to the collection of the Local Jurisdiction’s prepaid mobile telephony services surcharge and local charges by theBoard pursuant to the contract. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the information obtained by examination of the Board records shall only be used for purposes related to the collection of the Local Jurisdiction’s prepaid mobile telephony services surcharge and local charges by the Board pursuant to the contract between the Local Jurisdiction and Board. ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 205 Presented byApproved as to form by Maria KachadoorianGlen R. Googins Deputy City Manager/ Director of FinanceCity Attorney ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 206 City of Chula Vista Staff Report File#:15-0426, Item#: 13. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGAN AGREEMENT(“TASERQUOTATION”)BETWEENTHECITYANDTASERINTERNATIONALFOR THEPURCHASEOFBODYWORNCAMERAS,DATASTORAGEANDRELATEDPRODUCT SUPPORT SERVICES RECOMMENDED ACTION Council adopt the resolution. SUMMARY OnNovember4,2014,theCityCouncilapproveda5-yearagreementwithTaserInternationalforthe purchaseof114bodyworncameras,datastorageandrelatedproductsupportservices.ThePolice Departmentisrequestingtoapprovethepurchaseof12additionalbodyworncameras,alongwith associatedequipmentanddatastorageservicesduetoincreasedswornstaffinglevelsinthe Department. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378(b)(5)oftheStateCEQAGuidelinesbecauseitwillnotresultina physicalchangeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION ThePoliceDepartmentimplementeditsBodyWornCamera(BWC)programwhenCouncilapproved a5-yearagreementwithTaserInternationalinNovember2014.Sixbodyworncameraswere purchasedduringtheresearchandtestingphaseand114BWCswerepurchasedafterCouncil approvedthe5-yearagreement.DeploymentandtrainingontheBWCsbeganinJanuary2015. Thequantityof120BWCswasdeterminedtoissuethemtoallfulldutyofficersinPatrol,Trafficand StreetTeamassignments.AtthetimeoftheBWCproposal,budgetaryconcernsandlowerstaffing levels allowed the Police Department to purchase fewer cameras as a cost saving measure. 119bodyworncamerasarecurrentlydeployedtouniformedofficers,andadditionalBWCsare neededforupcominglateralhiresandrecruitacademygraduates.ThePoliceDepartmentishiring twolateralsandwillhavefiverecruitsgraduatingthismonth(August2015),andtheDepartmentdoes nothaveanymorecamerastoissue.ThePoliceDepartment’sBWCprogramsupervisorhas City of Chula VistaPage 1 of 3Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 207 File#:15-0426, Item#: 13. determinedthatanadditionaltwelvecamerasandlicenseswillberequiredtomeetthedepartment’s projectedgrowthinstaffinginthenexttwomonths.Theproposalincludestwelvecameras,twelve monthly user licensing fees and two additional docking stations. ThePoliceDepartmentisrequestingtoenterintoafive-yearcontractwithTaserInternationalto includethepurchaseof12BWCs,requisitedockingstationsandthedatastorageanddata management services of Evidence.com. Thetotalfive-yearcontractis$54,163,includingallequipment,warranties,datastorageand managementcosts.Inthecurrentfiscalyear,thetotalcostis$17,726,whichincludestheone-time purchase of BWCs and equipment as well as data storage. The cost breakdown of the five-year contract is as follows: FY 15/16FY 16/17FY 17/18FY 18/19FY 19/205-YEAR TOTAL Equipment$8,616$8,616 Service & Storage Costs$9,109$9,109$9,109$9,109$9,109$45,547 Total Costs$17,726$9,109$9,109$9,109$9,109$54,163 DECISION-MAKER CONFLICT Staffhasdeterminedthattheactioncontemplatedbythisitemisministerial,secretarial,manual,or clericalinnatureand,assuch,doesnotrequiretheCityCouncilmemberstomakeorparticipatein makingagovernmentaldecision,pursuanttoCaliforniaCodeofRegulationsTitle2,section18704.4 (a)(1).Consequently,thisitemdoesnotpresentaconflictunderthePoliticalReformAct(Cal.Gov't Code§87100,etseq.).Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCity Councilmember,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflictofinterest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisresolution supportsthegoalofStrongandSecureNeighborhoodsbyequippingpersonnelwithadequate resources for community policing. CURRENT YEAR FISCAL IMPACT Approvalofthisresolutionwillapproveafive-yearagreementwithTaserInternationalforbodyworn camerasanddigitalevidencestorageservices.ThePoliceDepartmenthasidentifiedfundingfor Year 1 of the 5-year contract period; no appropriations are requested at this time. ONGOING FISCAL IMPACT FundingforYears2through5ofthecontractperiod(totaling$36,437)hasyettobeidentified.The PoliceDepartmentwillcoordinatewiththeFinanceDepartmenttoidentifyfunding($9,109peryear) fortheremainingcosts.Futurefundingforthiscontractwillbeconsideredaspartofthenormal budget process. City of Chula VistaPage 2 of 3Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 208 File#:15-0426, Item#: 13. Beforethecontractperiodends,thePoliceDepartmentwillcoordinatewiththeFinanceDepartment to sustain the Body Worn Camera program in subsequent fiscal years. Furthermore,thePoliceDepartmentbelievesthattheuseofbodyworncameraswillreducethe numberofcitizencomplaintsandcostlylawsuitsaboutpolicemisconduct.Thepositivefiscalimpact of less complaints and lawsuits can potentially offset the ongoing costs of the BWC program. ATTACHMENTS Taser Quotation # Q-30918-3 (Agreement) Staff Contact: Vern Sallee / Jonathan Alegre City of Chula VistaPage 3 of 3Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 209 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT (“TASER QUOTATION”) BETWEEN THE CITY AND TASER INTERNATIONAL FOR THE PURCHASE OF BODY WORN CAMERAS, DATA STORAGE AND RELATED PRODUCT SUPPORT SERVICES WHEREAS, the Police Department implemented its Body Worn Camera (BWC) program when Council approved a 5-year agreement with Taser International in November 2014; and WHEREAS, the Police Department’s BWC program supervisor has determined that an additional twelve (12) cameras and licenses will be required to meet the Department’s projected growth in staffing in the next two months; and WHEREAS, the Police Department is requesting toenter into a five-year agreementwith Taser Internationalto include the purchase of 12 BWCs, requisite docking stations and the data storage and data management services of Evidence.com; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the servicesrequired of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves theAgreement(“Taser Quotation”)between the City and Taser International, inthe form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kepton file in the Office of the City Clerk,andauthorizesand directsthe Mayorto executesame. Presented byApproved as to form by David BejaranoGlen R. Googins Police ChiefCity Attorney ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 210 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 211 TASER International Protect Truth 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Fax: David Oyos Quotation (619) 476-2499 doyos@chulavistapd.org Quote: Q-30918-3 Date: 8/4/2015 12:44 PM Quote Expiration: 8/31/2015 Contract Start Date*: 9/1/2015 Contract Term: 5 years Bill To:Ship To: Chula Vista Police Dept. - CADavid Oyos 315 Fourth AvenueChula Vista Police Dept. - CA Chula Vista, CA 91910315 Fourth Avenue USChula Vista, CA 91910 US SALESPERSONPHONEEMAILDELIVERY METHODPAYMENT METHOD Chad Kapler480-341-9539ckapler@taser.comFedex - GroundNet 30 *Note this will vary based on the shipment date of the product. Year 1 QTYITEM #DESCRIPTIONUNITTOTAL BEFOREDISCOUNT ($)NET TOTAL PRICEDISCOUNT 270026EVIDENCE.COM DOCK, AXON SIX BAYUSDUSD 2,990.00USD 0.00USD 2,990.00 1,495.00 1285079TASER ASSURANCE PLAN ETM/USD 36.00USD 432.00USD 0.00USD 432.00 EVIDENCE.COM DOCK ANNUAL PAYMENT 1,20085035EVIDENCE.COM STORAGEUSD 1.50USD 1,800.00USD 0.00USD 1,800.00 1285078ULTIMATE EVIDENCE.COM ANNUALUSD 660.00USD 7,920.00USD 1,584.00USD 6,336.00 PAYMENT 24085110EVIDENCE.COM INCLUDED STORAGEUSD 0.00USD 0.00USD 0.00USD 0.00 370033WALL MOUNT BRACKET, ASSY,USD 35.00USD 105.00USD 0.00USD 105.00 EVIDENCE.COM DOCK 1273095CAMERA SYSTEM, AXON BODYUSD 399.00USD 4,788.00USD 0.00USD 4,788.00 1273077HOLSTER, BELT CLIPS, AXONBODYUSD 0.00USD 0.00USD 0.00USD 0.00 1273078HOLSTER, Z-BRACKET, HW, AXONBODYUSD 0.00USD 0.00USD 0.00USD 0.00 173095CAMERA SYSTEM, AXON BODYUSD 0.00USD 0.00USD 0.00USD 0.00 173077HOLSTER, BELT CLIPS, AXONBODYUSD 0.00USD 0.00USD 0.00USD 0.00 173078HOLSTER, Z-BRACKET, HW, AXONBODYUSD 0.00USD 0.00USD 0.00USD 0.00 Year 1 Total Before Discounts: USD 18,035.00 Year 1 Net Amount Due: USD 16,451.00 Page1 of 4 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 212 Year 2 QTYITEM #DESCRIPTIONUNITTOTAL BEFOREDISCOUNT ($)NET TOTAL PRICEDISCOUNT 1285078ULTIMATE EVIDENCE.COM ANNUALUSD 660.00USD 7,920.00USD 1,584.00USD 6,336.00 PAYMENT 24085110EVIDENCE.COM INCLUDED STORAGEUSD 0.00USD 0.00USD 0.00USD 0.00 1,20085035EVIDENCE.COM STORAGEUSD 1.50USD 1,800.00USD 0.00USD 1,800.00 1285079TASER ASSURANCE PLAN ETM/USD 36.00USD 432.00USD 0.00USD 432.00 EVIDENCE.COM DOCK ANNUAL PAYMENT Year 2 Total Before Discounts: USD 10,152.00 Year 2 Net Amount Due: USD 8,568.00 Year 3 QTYITEM #DESCRIPTIONUNITTOTAL BEFOREDISCOUNT ($)NET TOTAL PRICEDISCOUNT 1285078ULTIMATE EVIDENCE.COM ANNUALUSD 660.00USD 7,920.00USD 1,584.00USD 6,336.00 PAYMENT 24085110EVIDENCE.COM INCLUDED STORAGEUSD 0.00USD 0.00USD 0.00USD 0.00 1,20085035EVIDENCE.COM STORAGEUSD 1.50USD 1,800.00USD 0.00USD 1,800.00 1285079TASER ASSURANCE PLAN ETM/USD 36.00USD 432.00USD 0.00USD 432.00 EVIDENCE.COM DOCK ANNUAL PAYMENT Year 3 Total Before Discounts:USD 10,152.00 Year 3 Net Amount Due: USD 8,568.00 Year 4 QTYITEM #DESCRIPTIONUNITTOTAL BEFOREDISCOUNT ($)NET TOTAL PRICEDISCOUNT 1285078ULTIMATE EVIDENCE.COM ANNUALUSD 660.00USD 7,920.00USD 1,584.00USD 6,336.00 PAYMENT 24085110EVIDENCE.COM INCLUDED STORAGEUSD 0.00USD 0.00USD 0.00USD 0.00 1,20085035EVIDENCE.COM STORAGEUSD 1.50USD 1,800.00USD 0.00USD 1,800.00 1285079TASER ASSURANCE PLAN ETM/USD 36.00USD 432.00USD 0.00USD 432.00 EVIDENCE.COM DOCK ANNUAL PAYMENT Year 4 Total Before Discounts: USD 10,152.00 Year 4 Net Amount Due: USD 8,568.00 Year 5 QTYITEM #DESCRIPTIONUNITTOTAL BEFOREDISCOUNT ($)NET TOTAL PRICEDISCOUNT 1285078ULTIMATE EVIDENCE.COM ANNUALUSD 660.00USD 7,920.00USD 1,584.00USD 6,336.00 PAYMENT 24085110EVIDENCE.COM INCLUDED STORAGEUSD 0.00USD 0.00USD 0.00USD 0.00 1,20085035EVIDENCE.COM STORAGEUSD 1.50USD 1,800.00USD 0.00USD 1,800.00 1285079TASER ASSURANCE PLAN ETM/USD 36.00USD 432.00USD 0.00USD 432.00 EVIDENCE.COM DOCK ANNUAL PAYMENT Year 5 Total Before Discounts: USD 10,152.00 Year 5 Net Amount Due: USD 8,568.00 Page2 of 4 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 213 Subtotal USD 50,723.00 Estimated Shipping & Handling Cost USD 102.48 Estimated Tax USD 3,337.85 Grand Total USD 54,163.33 Page3 of 4 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 214 Complimentary Evidence.com Tier Upgrade Through 9/30/2015 This quote contains a purchase of either the Basic or Standard Evidence.com license. You will temporarily receive the features available with the Professional license for the Basic and Standard licenses purchased until September 30, 2015. This is a free upgrade to your account so you can enjoy all the benefits of our most feature rich license tier. In October 2015 you will be prompted to select which users you would like to assign to each tier. This will have no impact on uploaded data. TASER International, Inc.’s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote, you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and TASER’s current Sales Terms and Conditions for Direct Sales to End User Purchasers or, in the alternative, TASER’s current Sales Terms and Conditions for Direct Sales to End User Purchasers for Sales with Financing if your purchase involves financing with TASER. If your purchase includes the TASER Assurance Plan (TAP), then you are also agreeing to TASER’s current Sales Terms and Conditions for the AXON Flex™ and AXON Body™ Cameras TASER Assurance Plan (U.S. Only) and/or Sales Terms and Conditions for the X2/X26P and TASER CAM HD Recorder TASER Assurance Plan (U.S. Only), as applicable to your product purchase. All of the sales terms and conditions, as well as, the TAP terms and conditions are posted at http://www.taser.com/sales-terms-and-conditions. If your purchase includes AXON hardware and/or EVIDENCE.com services you are also agreeing to the terms in the EVIDENCE.com Master Service Agreement posted at https://www.taser.com/serviceagreement14. If your purchase includes Professional Services, you are also agreeing to the terms in the Professional Service Agreement posted athttps://www.taser.com/professional-services-agreement. If your purchase includes Integration Services, you are also agreeing to the terms in the SOW posted athttps://www.taser.com/integrationstatementofwork14. You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government agency you work for, you represent to TASER that you have legal authority to bind that entity. If you do not have this authority, do not sign this Quote. /s1//d1/ Signature: Date: /n1//t1/ Name (Print): Title: /p1/ PO# (if needed): Please sign and email to Chad Kapler at ckapler@taser.com or fax to THANK YOU FOR YOUR BUSINESS! ‘Protect Life’ and © are trademarks of TASER International, Inc., and TASER® is a registered trademark of TASER International, Inc., registered in the U.S. © 2013 TASER International, Inc. All rights reserved. Page4 of 4 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 215 City of Chula Vista Staff Report File#:15-0427, Item#: 14. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAWAIVINGTHE COMPETITIVEFORMALBIDREQUIREMENTANDAPPROVINGANAGREEMENTBETWEEN THECITYANDWINBOURNECONSULTING,LLCTOPROVIDEPROJECTMANAGEMENT SERVICES FOR COMPUTER AIDED DISPATCH AND JAIL MANAGEMENT SYSTEM RECOMMENDED ACTION Council adopt the resolution. SUMMARY ThePoliceDepartmentisintheinitialplanningstageofupgradingitsComputerAidedDispatch (CAD)systemandJailManagementSystem(JMS)tostreamlineandenhanceoperationsthrough greaterautomationandintegration.Becauseoftheprovenperformancedemonstratedduringthe Department’srecentMobileDataComputerprojectanduniqueknowledgeofChulaVistapolice technologyoperations,thePoliceDepartmentisrecommendingtocontractwithWinbourne Consulting LLC to provide project management services for the CAD and JMS upgrade. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivity,approvingan agreementforprojectmanagementservicesforcomputeraiddispatchandjailmanagement,isnota “Project”asdefinedunderSection15378(b)(4)oftheStateCEQAGuidelinesbecauseitisafiscal activitythatwillnotresultinaphysicalchangeintheenvironment;therefore,pursuanttoSection 15060(c)(3)oftheStateCEQAGuidelines,theactivityisnotsubjecttoCEQA.Thus,no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION ThePoliceDepartmentreliesonitsComputerAidedDispatch(CAD)systemtoassistPolice DepartmentstaffintheDispatchCenterindispatching,tracking,monitoringanddocumentingeach serviceactivitywhichrequiresadispatchedresponsefromthePoliceDepartment.Acorrectly functioningCADsystemaugments,assists,andautomatesservicedelivery,whichshouldresultina saferenvironmentforpatrolofficersrespondingtocallsforservice,andhighlevelsofqualityservice forcitizens.AllaspectsoftheDepartment’sCADsystemareoptimizedtoreduceresponsetimes andcorrectlytime-stampanddocumentalmosteveryserviceactivity.Additionally,thedatacollected bytheDepartment’sCADsystemareusedforhundredsofpublicsafetyreportsrangingfromdaily City of Chula VistaPage 1 of 4Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 216 File#:15-0427, Item#: 14. crimeanalysis,yearlyreports,andperiodicreportstotheCity’sGrowthManagementOversight Committee(GMOC).Assuch,theDepartment’sCADsystemisakeybusinesstoolthatimpacts every facet of Department operations. ThecurrentCADsystem,manufacturedbyArchonixSystems,wasinstalledovereighteenyearsago, istechnologicallyobsoleteandhasfewofthemodernfeaturesofcontemporarytoptierCADsystem vendors.RelianceonsuchobsoleteCADtechnologyseriouslyimpedessystemreliability,response times,datacollectionanddatamining.TheDepartment’sCADsystemalsoexperiencesroutine technicalfailures,sometimesweekly,whichdisruptoperationsandcauseunnecessarytimeand expensetocorrect.Suchroutinefailuresjeopardizeofficersafetyandpublicsafetyandreducethe overall efficiency of the Department. TheDepartment’sJailManagementSystem(JMS)isalsoobsolete,inefficientandwithoutvendor support.TheDepartment’sJMSsolutionisalsoacriticalbusinesstoolthatisusedtomanageand trackarresteesanddetainees.Thehealth,wellbeingandefficientmanagementofthoseentrustedto thecareoftheDepartmentduringarrestordetentionisofparamountconcerntotheDepartment. ThecurrentJMSsolutionisnotsufficienttomeettheDepartment’scontemporaryorfutureneeds. Issuessurroundingcustodyordetentionarealwaysfraughtwithliability;,aneffectiveJMSsystemis criticaltodocumenting,mitigatingandmanagingpotentialexposuretoliability.TheDepartment planstoupgradeitsJMSsystemasa“module”incorporatedintotheCADupgradeproject.Thisisa cost-effective and efficient way to upgrade the Department’s JMS solution. TheDepartmenthasdetermineditiscriticaltobeginplanningtheCAD/JMSupgradeprocess immediatelyinordertostreamlineandenhanceoperationsthroughgreaterautomationand integration.Thegoalofsuchanupgradeistofurtherenhanceservicedeliveryandprovidemore timelyandaccuratedatabywhichtomakestrategicpublicsafety,budgetaryandmanagement decisions.Thisundertakingwillnotbeswiftorinexpensive.TheCADandJMSsystemsdirectlyor indirectlyaffectvirtuallyeveryunitintheDepartmentandmustbeinteroperablewithotherlaw enforcementsystemsanddatabases.Assuch,thetransitionfromthecurrentCAD/JMSvendorstoa new vendor must be meticulously planned with the assistance of an outside consultant. ThePoliceDepartmentisrequestingtowaivethecompetitiveformalbidrequirementandisseeking authorizationtocontractwithWinbourneConsultingLLCtoprovideconsultantservicesforthe CAD/JMSproject.Becauseoftheprovenperformancedemonstratedduringthedepartment’srecent MobileDataComputer(MDC)project,theDepartmentisrecommendingtocontractwithWinbourne ConsultingLLCforthiscomplexendeavor.DuringtheMDCproject,thisconsultanthasgaineda uniquefamiliarityofintegrationwiththecurrentCADsystemandadeepunderstandingofthePolice Department’snetwork.NotonlydidWinbourneConsultingcompletetheDepartment’sMDCproject ontime,butthefinalconsultingcostcamein40%lessthanbudgeted.Additionally,thisprojectmay requiretheconsultanttoreceiveapprovalfromtheStateofCaliforniaCriminalJusticeInformation Services(CJIS)foranynetworkchanges,whichtheproposedconsultantwasabletogainapproval from the state for significant network changes during the MDC project. WinbourneConsultingLLChasprovidedsimilarpublicsafetyInformationandTechnology(IT) consultingservicestomanyagenciesacrosstheUnitedStates.AfewofWinbourne’spastpublic safety IT consulting clients include the following agencies: City of Chula VistaPage 2 of 4Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 217 File#:15-0427, Item#: 14. Las Vegas Metropolitan Police Department New York City Fairfax County, Virginia Montgomery County, Maryland City of Charlotte, North Carolina State of New Jersey WinbournewasalsoselectedtobetheprojectmanagementconsultantfortheMurrietaPolice Department’sPoliceandFireCADupgradewhichisinprogress.Murrietaisinthefinalstagesof finalizing its Request for Proposal (RFP) which should be released August 14, 2015. PoliceDepartmentstaffcontactedMurrieta’spolicecommunication’smanagerforfeedbackontheir experiencewithWinbourne’sservicetodateduringtheirCADproject.Feedbackwasextremely positive,includingthestatementthattheconsultant’sservicehasbeen“superb”,verythoroughand detailed.Murrieta’scommunicationsmanagerhasbeenveryhappywiththeservicetodate,andshe highlyrecommendsWinbourne’sconsultingservicefortheChulaVistaPoliceDepartment’s CAD/JMS project. Finally,thetwoprojectmanagementconsultantstobeprovidedbyWinbournelivelocally,whichwill saveoncommuting,lodgingandperdiemcoststhatcomewithvendorswhoarebasedinanother city.TheirexperienceandexpertisewillfocusonmaximizingthePoliceDepartment’scurrent infrastructuretominimizeoverallprojectcosts,whilecompletingresearchandpreparing specificationsforCADandmobilesolutionsthatwillenhancetheoveralleffectivenessandefficiency of the department. PoliceDepartmentstaffhasbeenworkingcloselywithCityInformationTechnologyServicesstaffin planningtheCADupgradeproject.TheCity’sDirectorofInformationTechnologyServices,Edward Chew,hasreviewedWinbourne’sproposalandsupportsthePoliceDepartment’ssole-source requesttoutilizeWinbourneConsultingLLCasacosteffectiveandhighlyqualifiedITconsultant service for the CAD/JMS project. IftheDepartmentwererequiredtohireanotherconsultant,itwouldaddtimeandcoststotheproject asanotherconsultantwouldneedtospendasignificantamountoftimebecomingfamiliarwiththe Department’s operations and protocols. DECISION-MAKER CONFLICT Staffhasdeterminedthattheactioncontemplatedbythisitemisministerial,secretarial,manual,or clericalinnatureand,assuch,doesnotrequiretheCityCouncilmemberstomakeorparticipatein makingagovernmentaldecision,pursuanttoCaliforniaCodeofRegulationsTitle2,section18704.4 (a)(1).Consequently,thisitemdoesnotpresentaconflictunderthePoliticalReformAct(Cal.Gov't Code§87100,etseq.).Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCity Councilmember,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflictofinterest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy City of Chula VistaPage 3 of 4Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 218 File#:15-0427, Item#: 14. Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisresolution supportsthegoalofStrongandSecureNeighborhoodsbyequippingpersonnelwithadequate resources for community policing. CURRENT YEAR FISCAL IMPACT ApprovalofthisresolutionwillapproveanagreementbetweentheCityandWinbourneConsulting LLCtoprovideprojectmanagementservicesfortheCAD/JMSupgrade.Thetotalcostforthese servicesis$215,520.Thecurrentbudgetincludesone-timefundingfortheCAD/JMSconsultant costs.Becausefundinghasbeenidentifiedinthecurrentfiscalyear,nofurtherappropriationsare requested at this time. ONGOING FISCAL IMPACT DespitethePoliceDepartment’sbestefforts,ithasbeenverydifficulttoobtainareliablecost estimatefromanyCADvendorduetothecomplexityofCADinstallations.Thebest-guessestimate forthereplacementoftheCADsystemisbetween$1.5millionand$1.8million.Theannual maintenancefeesareestimatedat$200,000.ThecostoftheCADsystemwouldbeidentifiedvia theRFPprocessfacilitatedbyWinbourneConsulting,LLC,andisprojectedtoberequestedinthe City’sFY17-18budget.ThePoliceDepartmenthasbeenworkingcloselywiththeFinance DepartmenttoidentifyfuturefundingsourcesforCADimplementationbeginninginJuly2017.A funding source has yet to be identified. ATTACHMENTS AgreementwithWinbourneConsultingLLCtoprovideprojectmanagementservicesforComputer Aided Dispatch and Jail Management System Staff Contact: Vern Sallee / Jonathan Alegre City of Chula VistaPage 4 of 4Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 219 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND APPROVING AN AGREEMENT BETWEEN THE CITY AND WINBOURNE CONSULTING LLC TO PROVIDE PROJECT MANAGEMENT SERVICES FOR COMPUTER AIDED DISPATCH AND JAIL MANAGEMENT SYSTEM WHEREAS, the Police Department has determined that it is critical to begin planning to upgrade its Computer Aided Dispatch (CAD) system and Jail Management System (JMS) to streamline and enhance operations through greater automation and integration; and WHEREAS, the Police Department seeks a consultant who can provide the expertise for the development of specifications for upgraded CAD andJMS systems, support preparation and publication of a Request for Proposal, vendor selection and implementation support; and WHEREAS, the Police Department is requesting to waive the competitive formal bid requirement and is recommending to contract with Winbourne Consulting LLC to provide project management services for the CAD and JMS upgrade, due toits expertise in this area with several large police agencies in the United States, positive performance demonstrated during the Department’s recent Mobile Data Computer project,and unique knowledge of Chula Vista police technology operations; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it waives the competitive formal bid requirement and approves theagreement between the City andWinbourne Consulting LLC, inthe form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kepton file in the Office of the CityClerk,andauthorizesand directsthe Mayorto execute same. Presented byApproved as to form by David BejaranoGlen R. 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ΑΑΑΏΘǾ ³¤«¤¯§®¤ ȨΑΏΑȩ ΑΐΏȃΘΑΕΏǾ ¤ȃ¬ ¨«Ȁ ±¤¤¢¤͔¶ȃll¢ȁ¢®¬ȁ 3¨¢¤±¤«¸Ǿ !£±¤¶ 'ȁ 2¤¤¢¤ 0±¤²¨£¤³ Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 247 - ±¢§ ΑΓǾ ΑΏΐΔ Table of Contents 1.Company Profile ...................................................................................................................... 4 2.Method of Approach ............................................................................................................... 9 Phase 1 CAD/Mobile/JMS Data Gathering and RFP Preparation ...................................... 9 Phase 2 - Proposal Evaluation, Vendor Selection and Contract Negotiations ................... 20 Phase 3 Implementation.................................................................................................... 21 3.Work Plan/ Approach and Timing ........................................................................................ 26 4.Costs ...................................................................................................................................... 26 5.Resumes ................................................................................................................................ 28 Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 248 0 ¦¤ 4 - ±¢§ ΑΓǾ ΑΏΐΔ 1. Company Profile the areas of 9-1-1 and public safety operations, information technology (IT) systems, and facilities. We have an unsurpassed depth of experience and knowledge of public safety organizations and systems based on our work in many of the largest and most complex jurisdictions within the United States. We have successfully worked on all aspects of public safety and emergency communications organizations including legacy systems replacement, specification development, procurement and implementation, budget support, 9-1-1 consolidation and implementation services. subject matter expertise in the areas of public safety system specifications development, procurement, implementation and migration, IT and operations strategic planning, operations analysis, Next Generation 9-1-1 (NG9-1-1) consulting, Public Safety Answering Point (PSAP) consolidation analysis, and system integration planning and implementation. We have two office locations: Our corporate headquarters is located at 1411 North Kent Street, Suite 802, Arlington, VA 22209 Our Phoenix office is located at 40 N. Central Avenue, Suite 1400, Phoenix, AZ 85004 Our firm has 27 personnel working as public safety project managers (PMs) and subject matter experts (SMEs) with another member providing full-time administrative support. Our structure adheres to a flat, matrix-based approach to overall management and communication within the firm. A management committee manages the firm on an ongoing basis with three business units: 9-1-1 Services/Emergency Communications, Mission Critical Facilities, and Federal Services. The U.S. and international-focused 9-1-1 Services/Emergency Communications business unit provides computer-aided dispatch (CAD)/records management system (RMS)/mobile, radio, NG9-1-1, consolidation, and other services to clients throughout the United States and internationally. Our Mission Critical Facilities unit provides technology support for the design of command centers and 9-1-1 and 3-1-1 centers. Our Federal Services unit provides services to a number of federal agencies in the areas of homeland security and emergency management. ructure is depicted in the figure below. Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 249 0 ¦¤ 5 - ±¢§ ΑΓǾ ΑΏΐΔ This project will be under the executive leadership of Mr. Andrew Reece, Project Management Professional (PMP) and President of Winbourne Consulting. He is also responsible for our 9-1-1 Services/Emergency Communications unit. Mr. Robert Waldon, a San Diego based resident, will be the Project Manager and CAD/Mobile Subject Matter Expert for this undertaking while Mr. Kirby Beyer will be the Jail Management System (JMS) Subject Matter Expert. Winbourne Consulting is an independent public safety consulting firm and, as such, is not engaged in or associated with the business of selling, servicing, or renting public safety and related systems, and we are not affiliated with any hardware or software vendors. Winbourne Consulting does not have any business relationships with any CAD vendors. However, we are familiar with the capabilities of all top-tier and many other CAD vendors in the public safety arena. This is because within the last 12 months, Winbourne Consulting has reviewed or attended onsite demonstrations for the following CAD and related companies FDMSoft Emergensys Freqentis Firehouse RMS InterACT VersaTerm PSSI New World Systems Intergraph Positron Motorola TriTech/Tiburon Northrop Grumman SunGard/HTE Cody RedMNX Zoll Systems Freqentis ImageTrendSpillman Our recently completed and ongoing projects with Murrieta, CA, Fairfax County, VA, Peoria, AZ, DeKalb County, GA, Prince William County VA, the Washington Metropolitan Transit Authority and Ada County, ID, among others, involved replacing legacy CAD/Mobile/RMS/JMS systems Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 250 0 ¦¤ 6 - ±¢§ ΑΓǾ ΑΏΐΔ with state-of-the-art CAD/Mobile/RMS/JMS systems. As a result of this knowledge base and our experience with previous and current clients for whom we have developed replacement system specifications, and procured and implemented similar public safety systems, Winbourne Consulting will be able to provide knowledgeable, yet independent, unbiased advice to the City of Chula Vista and its stakeholders related to existing infrastructure and systems and each of the potential vendors and their products. During our 13 years of business, we have worked with state and/or local municipalities in most of the 50 states. Our engagements have been primarily with public safety organizations, including working with Ada County Emergency Communications, Los Angeles Office of Homeland Security, Virginia Beach Public Safety, Fairfax Public Safety, the Montgomery County, MD Fire Department; Washington, DC, MPD and FEMS; New York City Police Department (NYPD); New York City Fire Department (FDNY); City of Boston Police and Fire Departments; Peoria, AZ Police Department; Metro-Dade, FL, Police Department; and Kane County, IL, Sheriff. Active Participant in the 9-1-1 Industry Winbourne Consulting is an active participant in the 9-1-1 industry and its related associations. We see this as an integral part of our ability to serve the industry in a competent, effective manner. By understanding the developments in our industry, we can better serve our clients. We have relations with firms and associations with research and development resources that can be brought to bear to supplement our own resources. We are active members of the National Emergency Number Association (NENA) and Association of Public Safety Communications Officials (APCO), the International CAD Consortium (ICC), the International Association of Fire Chiefs (IAFC), the National Fire Protection Association (NFPA), the International Association of Chiefs of Police (IACP), and the Law Enforcement Executive Development Association (LEEDA). We are a NENA NG9-1-1 Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 251 0 ¦¤ 7 - ±¢§ ΑΓǾ ΑΏΐΔ partner company. We also are members of the Industry Council for Emergency Response Technologies (iCERT) (formerly the 9-1-1 Industry Alliance), the Project Management Institute (PMI), American Society for Industrial Security (ASIS), and the Uptime Institute. The conferences and meetings we attend with industry leaders allow us to maintain currency with all industry-related legislation and initiatives and new product offerings and to provide input into 9-1-1 operations and technology policies and plans. Why Winbourne Consulting? We are considered industry leaders in the CAD/Mobile/RMS/JMS specifications development field, having conducted requirements develop public safety agency jurisdictions. Our value includes: Extensive CAD/Mobile/RMS/JMS needs assessment, functional and technical specifications and RFP development. Winbourne Consulting uses a proven methodology and customizable templates throughout its processes, which reduce time and increase quality of the deliverables. Experience performing similar tasks for major public safety entities nationwide, including Fairfax County, VA; New York City, NY; Prince William County, VA; Peoria, AZ; Tallahassee, FL; Washington, DC; and Boston, MA, which enhances the opportunity to benefit from best practices. Seasoned, experienced project team members with field and technical systems knowledge. Proven leadership eliminates the risk of inexperience and enhances the overall quality of results achieved throughout the project. Proven approach and methodology to accurately gather and validate specification, which minimizes the risk of missing a requirement and increases the overall clarity and quality of the requirements, their testability and their traceability. Successful implementation of multiple similar public safety engagement. Our experience in successful implementations increases the opportunity to develop comprehensive cutover plans, which reduces unforeseen risk and issues, thereby increasing the opportunity for a successful cutover. Our firm is well qualified and acquainted with the challenges and type of services that are required to successfully develop and validated the business and technical requirements and prepare procurement documentation for modern CAD/Mobile/RMS/JMS systems. The foundation of our efforts to support The City of Chula Vista in the development of an RFP and procurement process to replace its public safety CAD/Mobile/JMS systems is an accurate assessment of its current and future business needs and technical environments. The key success factors for this project are a successful procurement, implementation, and ultimately, improved operational effectiveness. Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 252 0 ¦¤ 8 - ±¢§ ΑΓǾ ΑΏΐΔ Working with the Chula Vista project team in development of the CAD/Mobile/JMS RFP and procurement process, the Winbourne Consulting team will leverage our best practices and lessons learned database in addition to our knowledge and experience from previous CAD/Mobile/RMS/JMS projects to document and propose business and technical needs for the RFP that can enhance operational effectiveness. Winbourne C for all public safety projects. We will develop a project plan and schedule that establish project phases and milestones and include processes consistent with PMI practices, as shown below. Depending on the needs of the project, our Project Management Plan includes a project charter, project organization diagram, explanation of the project methodology, a synopsis of be resolved by the new system, scope definition, project schedule, resource plan, budget, communications plan, stakeholder management plan, risk and mitigation plan, and other documents as needed. The project schedule includes activities that are required to successfully complete all work under the contract between the CVPD and Winbourne Consulting. PMI practices require project managers to monitor, control and report on budget, scope, schedule and quality issues. Our project manager will conduct routine status meetings and deliver status reports to Chula Vista project manager regarding these control points. The frequency and content for the meetings and reports will be agreed upon at the start of the project. Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 253 0 ¦¤ 9 - ±¢§ ΑΓǾ ΑΏΐΔ 2. Method of Approach Winbourne Consulting is proposing a phased approach for the Chula Vista CAD/Mobile/JMS replacement systems project. Listed below are the phases and tasks within each phase. Phase 1 CAD/Mobile/JMS Data Gathering and RFP Preparation Project Initiation Project initiation begins with a detailed walkthrough of the CVPD PSAP and public safety departments, where we will meet key employees that will be involved in the project, view a demonstration of the legacy CAD/Mobile/JMS - the various departments operations from the PSAP and the field perspective. We will visit areas and facilities of the agency to be impacted by the CAD/Mobile/JMS project and some other facilities (i.e., Information Technology and Communications Department, Geographic Information Services Department, Legal, Risk Management and Purchasing, where applicable.) Immediately following these tasks, our project manager will schedule a project kickoff meeting with the CAD/Mobile/JMS Committee, the CVPD project manager, and other stakeholders. The activities covered during the kickoff meeting are listed below. Project Kickoff Meeting Our project manager will conduct a project kickoff meeting for key stakeholders and other participants desired by the CVPD Project Team. During the project kickoff meeting, we will review the initial scope of the project with the Project Team members. We will also discuss CAD/Mobile/JMS projects in general and some of the issues that may be encountered so that the Project Team members may be better prepared for this project. Winbourne Consulting will offer recommendations and creative ideas regarding resource and time management, risk and cost control issues, how to avoid some of the more common mistakes public safety agencies typically make in CAD/Mobile/JMS projects and examples of issues that have been seen in the past by our clients and from vendors in this market. will discuss these issues with the Project Team and make recommendations on ways to take advantage of their positive aspect and/or mitigate any negative aspect of the issue. During the kickoff meeting, we will also discuss the interview and data collection process. Working with the Project Team to identify key participants in these processes, we will jointly develop a list of people to be interviewed, ride along scenarios, and potential site visits to develop the functional and technical specifications for the project. We will conclude the kickoff meeting with a question and answer session to address questions from Project Team members and other stakeholders. Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 254 0 ¦¤ 10 - ±¢§ ΑΓǾ ΑΏΐΔ Interviews Our team will conduct interviews with all necessary public safety, information technology and other affected stakeholders and their management to ensure a comprehensive understanding of the CAD/Mobile/JMS environment. Winbourne Consulting understands that a critical part of the data collection phase is to learn firsthand from all stakeholders their specific business operational needs and desires. To support the development of the CAD/Mobile/JMS functional specifications, we will conduct job observations, focus groups, and individual interviews at the PSAP and other public safety facilities. We will also lead the following stakeholder workshops. A typical approach is as follows: Workshop 1 Police Department Command Staff Workshop 2 PSAP Supervisors, Staff and End Users Workshop 3 Police Patrol Staff, Supervisors and other end-users Workshop 4 Corrections Department/Jail Management System Workshop 5 System administrators and IT Department The intention of the workshops is to identify the strengths and weaknesses of the current CAD/Mobile/JMS and support systems; to identify opportunities for improvement, and to identify potential threats (major obstacles and/or risks) to a successful project. The workshops will facilitate the assessment of user needs while scoping CVPD During the workshops, users will be asked to discuss their needs as they pertain to the new CAD/Mobile/JMS. Participants will be asked to respond to the following types of questions: 1.What are the functions and responsibilities of your current assignment? 2.What information systems do you use in your work? 3.What are the strengths and weaknesses of the CAD/Mobile/JMS systems you are currently using? 4.What are your ideas for improving current operations? 5.What new technologies have you seen or heard about that would benefit your operations? they would like to discuss during the meeting. This process will address the critical CAD/Mobile/JMS project success factor of ensuring adequate end-user input. Project Master Plan The Project Master Plan will include, but is not limited to, the following information: 1.A Project Organization schematic 2.An explanation of the project methodology to be used for the project 3.A synopsis of the problems faced by CVPD Police and staff and management that should be resolved by the new CAD/Mobile/JMS system 4.The scope and general requirements of the system to be acquired. 5.An updated project schedule Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 255 0 ¦¤ 11 - ±¢§ ΑΓǾ ΑΏΐΔ 6.An estimated budget for the project based on the scope as then envisioned by the Project Team Review Existing Documentation and Analyses Winbourne Consulting SMEs will review existing documentation, analyses, history, and evaluations of the CAD/Mobile/JMS systems to support our baseline assessment of existing capabilities and legacy issues and to support the development of our technical criteria for the new systems. To supplement this data, we will also submit an agency information request for additional data we need for our criteria development activities that may not be contained in the initial CVPD provided documentation, such as: Detailed Police Department organizational charts Police Department and PSAP Operational General Orders/SOPs Police Department and PSAP telephone directory Local, county, state and federal operational and reporting requirements Any available workflow process maps for call taking and dispatching Copies of workload management and call processing reports and statistics Workflow for other reporting requirements Review CAD/Mobile/JMS Data and Technical Architecture Winbourne Consulting will: Meet with Police Department and IT stakeholders to understand and document how existing systems/applications are used Document the application environment, including inputs and outputs, interfaces, and standardized reports Gather IT infrastructure specifications and data information Identify data preservation or data migration needs Determine hardware, network and technical specification preferences Address staffing support for the current system and potential efficiencies to be gained Every jurisdiction maintains its own set of IT related architectural standards. We recognize that while there are general similarities, each government entity has some specific standards that we need to work within while developing the technical CAD/Mobile/JMS requirements. We will follow a standard methodology for aligning CVPD by CVPD for the CAD/Mobile/JMS project. Our approach will start with a review of CVPD IT standards and discussions with CVPD IT staff for standards applicability to the CAD/Mobile/JMS project. Our approach is graphically described below. Define Vision of Clarify Verify Gather and Establish Scope Future Applicable IT Alignment with Validate of New CAD/MOBILE Standards Standards Requirements CAD/MOBILE Identify System Interfaces We understand CAD/Mobile/JMS systems may be a desired component of CVPD safety systems that meet CVPD leveraging its enterprise architecture, internal processes, and interface protocols to act as a Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 256 0 ¦¤ 12 - ±¢§ ΑΓǾ ΑΏΐΔ coordinated whole, thereby minimizing or eliminating duplicate processes, and maximizing data flow with a minimum number point to point interfaces. The purpose is to ensure seamless emergency service delivery where automatic mutual aid agreements are in place. Our team will identify and assess the use and effectiveness of all local, state, and federal system interfaces to the CAD/Mobile/JMS systems. In Virginia Beach, VA, we identified more than 60 third party systems and applications that required interfacing to the core CAD/Mobile/JMS systems. Winbourne Consulting will support CVPD in the development of its Interface Integration Plan that will document and diagram end-state (and any required transition state) system-wide data flows. Subsequently, for each interface, the Winbourne Consulting team will create a functional design document to document the data flow, frequency, network and security requirements, and configuration of each required interface. Based on the requirements developed in the functional design document, we will work with the selected CAD/Mobile/JMS vendor to develop interface control documents for each interface that will specify interface requirements to be met by the participating systems. It will describe the concept of operations (CONOPS) for the interface, define the message structure and protocols that govern the interchange of data, and identify the communication paths along which the data is expected to flow. As stated, based on the technical data provided to Winbourne Consulting, our team will identify and assess the use and effectiveness of any local, state, and federal system interfaces to the current CAD/Mobile/JMS systems. In addition, we will ensure that CVPD has the most up-to- date standards concerning CAD/Mobile/JMS systems as well as future roadmap for consideration. Review CVPDo Share Related Data We understand that CAD/Mobile/JMS systems are more than just 9-1-1, dispatching, mobile and booking/jail management systems used by Police personnel. These systems are ground zero for virtually all public safety activity. PSAP systems such as CAD, Mobile, GIS, AVL, query applications, etc., are central databases public safety relies on to acquire, analyze, distribute, and store calls for your department and the City of Chula Vista. Data sharing is important because public safety operations requires teamwork and because different departments/divisions/sections/units and personnel are separated by shift, days off, geography, and assignments. Therefore, central databases and a state-of-the-art CAD/Mobile/JMS systems are the primary solution for public safety. Mutual aid and utilization of resources, domestic security issues, and disaster management can all benefit from the sharing of data. Winbourne Consulting will capture and validate CVPD data needs as they relate to the new CAD/Mobile/JMS systems and associated third party Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 257 0 ¦¤ 13 - ±¢§ ΑΓǾ ΑΏΐΔ system interfaces. The data required by each stakeholder group will be incorporated into the specifications to set expectations to vendors for the technical and functional CAD/Mobile/JMS new system. This will address such data points including, but not limited to, the following: What information is important to Police Department to make strategic and tactical decisions? What information is important to first line supervisors and personnel to make strategic and tactical decisions? What information is needed for long-term strategic planning? What information is needed to meet state and federal reporting requirements? The availability and effective use of data supports the Police Department ability to allocate and deploy personnel, vehicles and equipment as required. For example, the ability to prepare management reports or even a density map of all Police Department incidents by: Period of Year Period of Time Day of Week These activities can also support CVPD in measuring effectiveness of initiatives and operations. Review Opportunities to Use Existing Systems As part of our thorough technical needs assessment and analysis, we will review and document all existing Police Department and enterprise business systems to determine any related application requirements. The analysis will include, at a minimum, reviewing the degree existing systems meet user needs and determining if the system functionality is typically found in modern CAD/Mobile/JMS systems. We will also gather interface requirements, data flow and other business processes during the specifications process. We understand the significance of integrated and interoperable CAD/Mobile/JMS systems to the Police Department and its related public safety partners. As a result of this analysis, we will identify specific functional, technical, and business requirements for all police and enterprise systems that are used by the related stakeholders. We will detail specific requirements of new replacement systems or upgrade of existing technology that will allow CVPD professionals to clearly recognize the most feasible solutions, taking multiple factors into account such as cost and other resource constraints, the available and planned technical architecture, and operations and maintenance. Request for Proposals (RFP) Development Winbourne Consulting will take all the information gathered during our data gathering process and produce a Statement of Work with technical specifications and a matrix listing each functional specification. Develop Functional and Technical Specifications Document Our data collections process provides the foundation for developing a functional and technical specifications document. The specifications document serves as an attachment to the RFP Statement of Work (SOW) (which includes the general information about CVPD current and future technology and architecture, technical specifications, training requirements, support model and alternative approaches, and other relevant information) that will be issued to the Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 258 0 ¦¤ 14 - ±¢§ ΑΓǾ ΑΏΐΔ vendor community by way of the RFP. Although most of the information needed will be collected through the data collection process, we will likely need to conduct follow up interviews and request any additional information, if needed. We will then develop the first draft of the functional specifications matrix and SOW. Our project manager will provide CVPD desired format, and where appropriate, typical examples of the information. Our project manager will incorporate CVPDuments. Prior to delivering these documents, we will conduct validation sessions with CVPD necessary adjustments to ensure all business needs have been satisfactorily captured. The following subtasks outline the processes we use to develop these specifications. Develop Goals and Objectives During our data collection process, we will collect the data necessary to develop a comprehensive set of goals and objectives for the CAD/Mobile/JMS replacement system. We understand the goals and objectives must address all vital functions and services now supported by CVPD in addition to documenting all long-term strategies and objectives. Develop Specifications The technical and functional criteria development process for the CAD/Mobile/JMS systems will be based on discovery during the data collection process. We will assess current and anticipated future needs of CVPDlaw enforcement goals and objectives, the end-user interviews, meetings, job observations, and a review and analysis of data and documentation provided during the needs assessment process. The process of drafting the SOW for the CAD/Mobile/JMS RFP requires a balance to ensure the information provided is detailed enough to clearly express the criteria and business processes of the stakeholders, while not being so prescriptive that vendors are restricted from proposing innovative solutions that meet or exceed the stated needs. Specification development will include consideration of all standards and best practices including those of APCO, NENA, ANSI, CJIS, ILETS, NIEM, LEITS, NEMSIS, NIBRS, and other such standards and policies applicable to public safety and information technology. When the first draft of the CAD/Mobile/JMS functional and technical specifications is completed, we will hold validation sessions with the CAD/Mobile/JMS replacement project team, public safety supervisors, users from dispatch and the Police Department. Specifications Technical Criteria Meet with Police Department and IT stakeholders to understand and document how existing systems and applications are used. Document the existing CAD, mobile and technical environment, inputs and outputs, interfaces, and standardized reports. Document application environment, including inputs and outputs, interfaces, and standardized reports. Gather IT infrastructure specifications and data information. Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 259 0 ¦¤ 15 - ±¢§ ΑΓǾ ΑΏΐΔ Technical Specifications We understand the operational effectiveness of a CAD/Mobile/JMS system depends on the technical infrastructure for stability, reliability, performance, speed, security, and redundancy. Winbourne Consulting understands all of the factors required for CVPD to successfully procure, implement, maintain, support, and upgrade a system that is the foundation of life and mission- critical operations for public safety on a 24 hours a day, 7 days week, 365 days a year (24/7/365) basis. Our team understands that for any new CAD/Mobile/JMS system to operate at maximum operational effectiveness, the technical specifications for the new system must be adequate, robust, and secure. Our team has both public safety and technology consulting experience in researching, develop- ing, and implementing technical specifications for new CAD/Mobile/JMS systems. This includes an understanding that CVPD will be purchasing commercial off-the-shelf (COTS) systems that will have its own minimum mandatory technical specifications for operating at maximum productivity and capacity. It is important to note that the selected vendor will provide CVPD with an integrated system architecture for a CAD/Mobile/JMS system in their response. Our goal is to provide the vendors the necessary information for them to develop the best solution they can, based on CVPD requirements. One of our primary objectives will be to ensure all companies responding to the RFP have a precise understanding of CVPD proposed system can operate at maximum operational performance and capacity and, if not, what technical specification changes are required. Areas of interest include the following: IT Strategic Plan Identification of all IT strategic planning issues that may impact the CAD/MOBILE project including current in-progress and planned for future projects Data Center Capability and Capacity Size; heating, ventilation, and air conditioning (HVAC); power; fire suppression; physical and virtual security; risk mitigation; and ability for growth and expansion Network Specifications Local area network (LAN) to wireless (e.g., cellular, radio frequency \[RF\], 802.11); network devices; and bandwidth capacity Hardware Current hardware standards (e.g., virtualization requirements, servers/ desktop/laptop devices/tablets) employed Software Current software employed (e.g., enterprise operating software, virus protection, network management) Interfaces Identification of all current and future interfaces with the CAD/MOBILE systems to both internal (i.e., stand-alone applications) and external sources (e.g., domestic security National Information Exchange Model \[NIEM\]/information sharing system projects, etc.) Databases Identification of all databases and stand-alone applications currently employed by the Police Department that the CAD/MOBILE system may impact in any way Redundancy, Data Backup and Disaster Recovery Current processes and desired future processes and infrastructure required Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 260 0 ¦¤ 16 - ±¢§ ΑΓǾ ΑΏΐΔ Data and System Security Business processes and physical security employed by CVPDfety operations teams related to external entities accessing specific systems 24/7/365 for support and maintenance purposes whether onsite or via remote access IT Personnel Assessment of number and knowledge, skills, and abilities for IT personnel to successfully complete and maintain a new CAD/Mobile/JMS system as desired System Workload Current workload metrics and desired metrics for a new system based on potential new business processes, policies, and procedures CVPD will be developed and included in the RFP SOW to inform vendors of the environment in which their system will be expected to operate and provide them the information necessary to propose any needed enhancements required for their system(s) to operate at maximum performance and efficiency. Police Department and the IT Department to assist in the collection of all information necessary for the RFP, including such information as: Infrastructure CVPD Data Center Networks (wired and wireless) GIS Hardware Software Other will also become an attachment to the RFP to provide vendors the information they need to understand current and future CAD/Mobile/JMS interface requirements. We will work with CVPD to gather the total inventory of systems to either send or receive data from the CAD/Mobile/JMS system, including information such as: Application/System Name Version Number Mandatory/Optional Vendor Name Vendor Contact Name and Telephone Number Criticality (Life Mission Critical, Normal) Data Flow (Push-Pull/Two-Way) Initiation (Real-Time/User-Initiated/Timed) Documented Interface Narrative Expected benefit and process of interfaced application We will also work with public safety leadership to validate the information gathered and make decisions regarding: Which systems should be interfaced with the CAD/Mobile/JMS system Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 261 0 ¦¤ 17 - ±¢§ ΑΓǾ ΑΏΐΔ Which are optional versus mandatory Classify each as Life Critical, Mission Critical, or Normal Operations These decisions need to involve operational stakeholders as these are business decisions that should not be made solely by IT. We will also collect the data necessary to assist CVPD in determining its legacy data conversion needs that will be included in the RFP SOW. A determination needs to be made as to whether the data needs to be cleaned up prior to conversion, whether the effort for conversion is worthwhile, or whether to just make the data available to the users and management staff via alternative solutions. Notwithstanding, the data conversion requirements will include: Narrative of current environment including known issues Integrity of the data and clean up responsibilities Narrative describing the legacy data to be targeted for conversion including historical timeframe, size, etc. Narrative of legacy data that needs to be saved but not converted The purpose is to provide vendors sufficient information to develop a detailed Data Conversion Plan that describes all vendor and CVPD processes and activities required to successfully migrate relevant CVPD data into the new system. The plan may include the following: roposed data conversion process Specific roles and responsibilities for proposed CVPD resources, as well as recommended skills of personnel required to perform CVPD tasks Specific roles and responsibilities for proposed vendor resources, as well as recommended skills of personnel required to perform vendor tasks automated data conversion tools Recommended solutions for end-users to access non-migrated legacy data via integrated system or separate queries Recommended storage location for non-migrated legacy data Any prior data conversion experience with CVPDCAD/Mobile/JMS systems Functional Specifications CAD/Mobile/JMS system; vendors will - supported customization of the basic software should be required, and the software should be configurable to maximize utilization. Thus, the exercise of developing functional specifications for the RFP is to identify functionality and features that agency personnel want to know if a CAD/Mobile/JMS system can accomplish, and to maintain and measure the degree of conformance between user expectations of system functionality, processes, and performance and the proposed product. At each stage of the project, we utilize traceable specifications to validate with the originator of the specification the purpose and intent of the specification and compare it to the as-built system. We use specifications and the associated traceability matrix as shown below. Phase Requirements Use Outcome Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 262 0 ¦¤ 18 - ±¢§ ΑΓǾ ΑΏΐΔ Phase Requirements Use Outcome Baseline set of specifications and traceability matrix that are used Identify and document end-user Initial Specifications to measure the degree of expectations of system Gathering Phase conformance of user expected functionality outcomes of each successive phase Resolving identified conflicts Validated and prioritized set of Validation Phase regarding expected functionality requirements wherein user between user groups expectation conflicts are resolved Responses from vendors that Guidelines to public safety document their degree of RFP Response Phase vendors regarding end-user conformance to the expected functionality requirements Vendor response evaluation Response scores based on RFP Evaluation criteria and the basis of the conformance to requirements Phase response analysis and response analysis SWOT analysis serves as the basis Negotiation Phase for negotiating features and costs Completed contract with preferred vendor Vendor and end-user system and Vendor design for the integration Fit and Gap Phase requirements blue printing and installation of the system sessions Reference document to resolve Installation and issues regarding configuration Installed and configured system Configuration Phase issues A subset of the requirements, Acceptance Test, along with use cases, will serve as Completed Acceptance, Integration Tests, the baseline for the Acceptance, Integration, and Performance and Performance Integration, and Performance Tests Phases Test Phase Test Phases Go Live and Final check to ensure system Completed readiness review and Post-Go Live readiness to go live go live Any requirements not delivered will be tracked to ensure their Post-Go Live Post-go live checklist inclusion in future releases of the product Training Specifications Training is an extremely important factor in user acceptance and the overall success of the project. Winbourne Consulting will work with the project team and other decision makers to develop various training options that will support the users during the initial cutover to the new systems and provide documentation, knowledge and training to support ongoing training for new staff that arrives after cutover. Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 263 0 ¦¤ 19 - ±¢§ ΑΓǾ ΑΏΐΔ Winbourne Consulting is a strong proponent of train-the-trainer training for CVPD staff whenever possible. This training equips CVPD staff with the information and tools necessary to conduct initial, remedial and ongoing training for all dispatch, field, management and supervisory staff members. Our project team will work with CVPD, Law Enforcement Department, Fire Department, and EMS staff to determine the best training options for the selected solution. Review and Validate Specifications with the Project Team The purpose of reviewing and validating the functional specifications is to determine if end-user business process needs have been sufficiently captured and developed into need statements. Validating the technical criteria helps ensure that all CVPD technical standards, data conversion and interface requirements, and technical infrastructure overview are complete and accurate. During the validation sessions, we will review each item in all documents, section by section, line by line, projecting them on a large screen. Discussions will center on any criteria within each section that the team desires to clarify, enhance, or eliminate and subsequently approve. chance to review the IT criteria and functional specifications one last time before they are finalized at the follow up meeting. Where information is missing or incomplete, assignments will be made to appropriate personnel with the expectation of a swift turnaround on all assignments. The follow up validation session, if needed, will focus on those areas where information was needed and/or further research was necessary to validate the criteria. Format Specifications for Inclusion in an RFP Winbourne Consulting will provide the requirements formatted in accordance with CVPD requirements. We will provide an outline of the SOW and specifications traceability matrix prior to developing them for CVPD with be added to CVPDCVPDrocurement departments. Collectively they become the RFP that is published by CVPD. Winbourne Consulting will work with CVPD Invitation to Bid, Instruction to Bidders, Bid Form, etc. and to assist in the following tasks. Reproduce the documents and ensure delivery to CVPD or other applicable parties Assist in the advertisement of bids and solicit contractors to bid on the project Answer questions from bidders relative to the project Prepare input for addenda, after approval by CVPD Attend vendor demonstrations Provide a written evaluation of the bid results Recommend award to vendor Winbourne Consulting will use existing CVPD templates, where they are available. If CVPD does not have a template or form, we will offer various formats we have developed and use the format agreed upon by CVPD. Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 264 0 ¦¤ 20 - ±¢§ ΑΓǾ ΑΏΐΔ Provide an Estimate of Cost Winbourne Consulting will provide CVPD with an estimated range of cost for the CAD/Mobile/JMS system based on the specifications and terms and conditions identified in the RFP. CVPD must understand that costs will vary dramatically between vendors based on the work with CVPD to determine the value of each proposal given the proposed solution and its benefit to CVPD Provide a Response Assessment Tools Winbourne Consulting has extensive experience working with government entities to create assessment tools and evaluation processes to be used to rate vendors as part of the RFP process. We will provide templates for CVPD tools will be used during the review of vendor submittals, vendor demonstrations and vendor site visits. It is important that the evaluation team all use the same tools with diligence to help ensure a consistent approach to the evaluations and demonstrate fairness to all vendors. Develop Demonstration Scenarios Winbourne Consulting will provide expert guidance to CVPD scenarios that demonstrate real-life situations and functions in relation to the requirements where we will work with stakeholders to guide and work cooperatively with the evaluation team to develop scenarios that allow the vendors to demonstrate their solutions using real data. Rather than just showing features, the developed scenarios will focus on integrated solutions and workflows that illustrate the initiation of an activity, how the system manages data, and how the data is turned into information in the form of reports and data-rich information. We have been very successful in conducting productive vendor demonstrations in Fairfax County, VA, WMATA, Prince William County, VA, Peoria, AZ, Ada County, ID, and Maricopa County, AZ. Phase 2 - Proposal Evaluation, Vendor Selection and Contract Negotiations Winbourne Consulting will play whatever role CVPD desires in the vendor evaluation process, and will provide input to the team and attend all demonstrations. We will also provide the evaluation team with recommendations, information, and suggested questions for the vendors during the demonstrations. Our team will also assist in facilitating discussions between evaluation team members to help them think through the evaluation process and determine which solution best meets CVPD ultimately the sole responsibility of CVPD. Risk Assessment Risk assessment planning is tightly coupled with our quality management planning and provides qualitative (priority) and quantitative (impact) assessment of risks associated with our proposed solutions and the risks inherent to executing the requirements of the SOW. The schedule will be evaluated and a critical path plan created that documents tasks to be completed and identifies risks and their potential impacts and assigns priorities and mitigation plans. Risk assessment and mitigation plans will be created for both the planning and implementation phases to ensure the project remains on the planned critical path. To monitor and manage risks, the following will be used: Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 265 0 ¦¤ 21 - ±¢§ ΑΓǾ ΑΏΐΔ Risk, issue, and change logs to be used in all phases of the project. Creation of a stakeholder list and documentation of communications regarding risks and their consequences. Regularly scheduled project stakeholder status meetings and weekly and monthly summary reports that will include risks identified, risk consequences, mitigation planning and integration with work planned, work accomplished, schedule, and other project-related issues. Regularly scheduled status reports. Electronic project risk reporting and retention of key documentation through a project Web page, use of tools like SharePoint, and e-mail. Contract Development and Negotiations Our project team will begin by working with CVPD contract negotiations between CVPD and the successful vendor. A significant amount of Winbourne Consulting will review CVPDandard procurement and services contract and make recommendations to CVPD via a list of concerns, risks and recommendations regarding the draft contract. The draft contract should be shared with the vendor as a starting point during the negotiation discussions. During negotiation discussions, Winbourne Consulting will assist the CVPD project team by offering recommendations, clarifications and information to CVPD regarding specific issues, concerns and points of negotiation. Winbourne Consulting will also review changes to the contract proposed by the vendor and make recommendations to CVPD regarding those changes. It will be CVPDs sole responsibility to accept, modify or reject any changes proposed by the vendor or Winbourne Consulting. Phase 3 Implementation manager and project team and CVPD everyone and begin building a cohesive project team. Our PM will work with the vendor to build a project plan and schedules based on input from all parties and obtain CVPD The plan will include all documents required under this RFP plus any additional documents considered germane by the PMs. The project schedule will reflect those activities needed to successfully implement the new CAD/Mobile/JMS system and manage the project. The project schedule is not and will not be used as a daily work list for those performing the work. Those responsible for specific activities will develop individual detailed work lists and plans. Winbourne Consulting will monitor and control all the processes covered in the project plan to ensure each party performs as stated in the project plan. Risks and issues logs will be kept to ensure risks are known and mitigated as agreed upon by the effected parties, and issues are resolved to satisfaction. Our PM will adhere to all requirements for onsite meetings and events, as agreed upon in our contract with CVPD. Winbourne Consulting will provide programming and design assistance. We will assist and facilitate CVPD and the selected vendor with the system design process. Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 266 0 ¦¤ 22 - ±¢§ ΑΓǾ ΑΏΐΔ Our team will provide cost estimating review and evaluation services that may include reconciliation of existing conceptual estimates, value engineering suggestions and resource prioritization, cost review at schematic design and design development. We will also review documents and provide a constructability and coordination review of the documents at various stages o mainly pertains to selecting the options needed to meet the specifications and configuring the system to meet the operational processes that will be used when operating the new systems. An integral part of this process is risk assessment. We will identify risks and develop mitigation and site logistics plan to deal with project risks. Winbourne Consulting will work with the vendor to prepare a Project Master Schedule that includes a preliminary development schedule for any features CVPD and the vendor have agreed to develop for the implementation. A Gantt format with a critical path is normally used for most projects. Our team will identify schedule control points to guide all project activities and recommend they be included in the contract documents. Winbourne Consulting will provide quality assurance throughout the project. We will work with CVPD and selected vendor to develop a detailed project specific quality assurance program that provides for the achievement of the highest quality design and configuration possible. The critical areas that will require significant attention during the phase are: project plan development; workflow analysis of the dispatch center, field users, administrators and support staff, risk and quality plan development. Our Project Manager will participate in development and configuration meetings as CVPD advocate. We will facilitate problem solving and communication among all team members. We will provide oversight, implementation and expediting of the development and configuration submittal process on CVPD requirements and coordination of products. We will also identify and facilitate the resolution of required information or selections. In developing a comprehensive project schedule that includes all work package activities, our PM will evaluate the cont provide oversight of the Request for Information process and take necessary action to resolve issues. Should the need for any change orders occur after contract signing, Winbourne Consulting will recommendations for their disposition. Payment milestones based on value achieved will be established as part of the contract process. We will review and reco payments. Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 267 0 ¦¤ 23 - ±¢§ ΑΓǾ ΑΏΐΔ Should specific development be required to meet the specifications and agreed upon in the development means and methods and quality, and facilitate the resolution of development questions and issues between the vendor and CVPD. Key activities during the Implementation Phase include the following. CAD/Mobile/JMS Network Analysis Winbourne Consulting will include language in the RFP that will require the vendors to identify any issues of concern regarding the performance of the proposed system on CVPD network. The solution and options selected by CVPD may have different impacts on the network. Any issues raised by the selected vendor will be addressed during contract negotiations. Changes to the network to support the selected solution will be made by CVPD or may be made by the vendor if prescribed in the contract. Winbourne Consulting will assist CVPD with a network testing process if CVPD or the vendor desires a network analysis study or performance test, as every vendor has different network requirements for its specific solution. System Configuration System configuration is a very detailed and laborious process that will take months to perform. It is also one of, if not the most important aspect of benefits realization, gaining user acceptance, and optimizing system and staff performance. Winbourne Consulting will work with the selected vendor and the project team to develop a comprehensive approach to configuring the system to meet the operational needs of the dispatchers, field users and management staff. The functionality matrix will be used as an instrument in the configuration process to ensure that each functional specification can be accomplished. Additionally, CVPD staff will need to make decisions throughout the configuration process as to whether business processes need to change based on the capabilities and limitations of the selected system. Interface Integration Winbourne Consulting will work with the vendor and the project team to ensure each interface identified is installed and functional. If development is required for an interface, Winbourne Consulting will work with the vendor to ensure the vendor has sufficient information to develop and test the interface. We will also track the development process and hold the vendor accountable for the results and time of delivery. Our project manager will keep CVPDt manager up to date on any issues that arise from this process. Data Conversion and Installation Winbourne Consulting will work with CVPD and the vendor to determine the feasibility and level of effort to convert existing CAD/Mobile/JMS data into a format compatible with the new system. This discussion will include alternative solutions that make the data available to end- users without conversion. Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 268 0 ¦¤ 24 - ±¢§ ΑΓǾ ΑΏΐΔ Should CVPD decide to convert existing data, Winbourne Consulting will work with the vendor to ensure they have the data schema for the existing data. When the vendor determines the conversion process and timeframe to convert the data, our project manager will incorporate ject manager will keep CVPD process. System Acceptance Testing Winbourne Consulting will work with CVPD comprehensive, detailed system test plan. The plan will include the following area for testing: System Test Planning Interface Testing Load Testing Test Results Corrective Action Functional Test Observations System Reliability Monitoring Test Reporting Any failures during system testing will be noted and resolved as determined by the project team. Testing will be observed and accepted by designated CVPD staff authorized to perform and approve testing. End-user Testing Once the initial configuration process and system testing are completed to CVPD end-user testing may begin. End-user testing will include testing each of the functional specifications listed in the functional specifications matrix, test scripts and scenarios created by the end-users, and other tests as deemed needed by CVPD Any failures during end-user testing will be noted and resolved as determined by the project team. Testing will be observed and accepted by designated CVPD staff authorized to perform and approve testing. End-user Training After system testing and end-user testing are completed to a level of CVPD- user training can begin. End-users, supervisors and management staff will receive the training prescribed in the training plan developed by the project team. Special consideration will be given to the time between the point at which an end-user receives the training and the time of cutover. If that period of time extends beyond what a user can reasonably retain, usually two to three weeks, a supplemental training plan will be developed and implemented. CVPD should also be aware that subtle changes to the configuration are often identified and made as a result of findings that occur during training. Cutover and Post-Cutover Support Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 269 0 ¦¤ 25 - ±¢§ ΑΓǾ ΑΏΐΔ Winbourne Consulting will work with CVPD support from the vendor and internal staff during cutover. We will include language in the RFP regarding cutover support and response requirements based on the level of severity of the system incident. Winbourne Consulting, in concert with CVPD language in the RFP regarding system performance monitoring and reporting. We will work with the vendor to ensure system monitoring and performance measurements are made throughout the cutover period and periodically after cutover. Onsite support from the vendor is crucial throughout the implementation, testing, training, cutover, and post cutover period. We will include onsite support requirements and work with the vendor and CVPD to ensure compliance. Our team will work with the vendor and CVPD to ensure the vendor complies with all post cutover support requirements described in the RFP and agreed upon in the contract. We will also work with CVPD issues at each severity level. Closeout and Final Report Winbourne Consulting will produce and deliver all documents described in this response and the contract with CVPD. We will also work with the vendor and CVPD support staff to determine the level of documentation required to support the new solutions the delivery of the documents. Our project manager will conduct a document review session between CVPD vendor to review all documents received from the vendor. We will then document any shortcomings or issues with the delivered documents and request the vendor update the documents accordingly. Once CVPD has determined the system is performing satisfactorily and agrees the final acceptance terms in the contract are realized, final acceptance will be issued to the vendor. Winbourne Consulting will work with CVPD in determining that final acceptance conditions have been met and with drafting a letter of final acceptance to the vendor. The critical areas that will require significant attention during this phase are: equipment installation; system configuration and testing; training development and delivery; user acceptance testing; pre-cutover planning and testing; system cutover; problem resolution; final acceptance; documentation delivery and project closeout. Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 270 0 ¦¤ 26 - ±¢§ ΑΓǾ ΑΏΐΔ 3. Work Plan/ Approach and Timing Task Name Duration Start Finish Predecessors Phase 1 - CAD/MOBILE Data Gathering Wed 16 days Tue 9/1/15 and RFP Preparation 9/23/15 Project Initiation 0 days Tue 9/1/15 Tue 9/1/15 Initial PSAP tours and interviews 1 day Tue 9/1/15 Tue 9/1/15 2SS Project kickoff meeting 1 day Wed 9/2/15 Wed 9/2/153 Mon Stakeholder interviews 15 days Tue 9/1/15 3SS 9/21/15 Project master plan 15 days Wed 9/2/15 Tue 9/22/15 4SS Review Existing Documentation 15 days Wed 9/2/15 Tue 9/22/15 6SS Review CAD and Mobile 15 days Wed 9/2/15 Tue 9/22/15 7SS configurations Identify system interfaces 15 days Wed 9/2/15 Tue 9/22/15 8SS Review data sharing requirements 15 days Wed 9/2/15 Tue 9/22/15 9SS Opportunities to use existing 15 days Wed 9/2/15 Tue 9/22/15 10SS systems Wed Complete Evaluation and Discovery 0 days Wed 9/23/15 11 9/23/15 Wed Request for proposal development 100 days Tue 2/9/16 9/23/15 Develop functional and technical Tue 60 days Wed 9/23/15 12 specifications 12/15/15 Tue Technical criteria 20 days Wed 9/23/15 14SS 10/20/15 Tue Training specifications 20 days Wed 9/23/15 15SS 10/20/15 Tue Validate specifications 20 days Wed 9/23/15 16SS 10/20/15 Format specifications for inclusion in Tue 20 days Wed 9/23/15 17SS the RFP 10/20/15 Wed Create estimate of costs 20 days Tue 1/12/16 14 12/16/15 Provide a response assessment tool20 days Wed 1/13/16 Tue 2/9/16 19 Tue Develop demonstrations scenarios 60 days Wed 9/23/15 14SS 12/15/15 Complete RFP and Release 0 days Tue 2/9/16 Tue 2/9/16 21,14,15,16,17,18,19,20 Phase 2 - Proposal Evaluation, Vendor 45 days Wed 3/2/16 Tue 5/3/16 Selection and Contract Negotiations Risk assessment 45 days Wed 3/2/16 Tue 5/3/16 22FS+15 days Contract development and 45 days Wed 3/2/16 Tue 5/3/16 24SS negotiations Complete Contract Award 0 days Tue 5/3/16 Tue 5/3/16 24,25 Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 271 0 ¦¤ 27 - ±¢§ ΑΓǾ ΑΏΐΔ Wed Phase 3 - Implementation 227 days Thu 4/6/17 5/25/16 CAD & MOBILE network analysis 5 days Wed 5/25/16 Tue 5/31/16 26FS+15 days System configuration 90 days Wed 6/1/16 Tue 10/4/16 28 Interface integration 90 days Wed 10/5/16 Tue 2/7/17 29 Data conversion and installation 15 days Wed 2/8/17 Tue 2/28/17 30 System acceptance testing 10 days Wed 3/1/17 Tue 3/14/17 31 End User Training 10 days Wed 3/15/17 Tue 3/28/17 32 Cutover and post-cutover support 2 days Wed 3/29/17 Thu 3/30/17 33 Closeout and Final Report 5 days Fri 3/31/17 Thu 4/6/17 34 4. Costs Chula Vista CAD/MOBILE Replacement Project Engagement Project Task Executive Manager Phase 1 CAD/MOBILE Data Gathering and RFP Preparation 8 184 Phase 2 Proposal Evaluation, Vendor Selection and Contract Negotiations 8 144 Phase 3 Implementation 8 1,240 Total Hours 24 1,568 Labor Rate $160 $135 Labor Cost $3,840 $211,680 Total Engagement Cost $215,520 Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 272 0 ¦¤ 28 &¤¡±´ ±¸ ΑΕǾ ΑΏΐΔ #®²´«³¨¦ £ 0- 3¤±µ¨¢¤² ͰΐΑΏΑΔΒ 5. Resumes Andrew G. Reece , PMP, ITIL, Winbourne Consulting, LLC Summary of Experience Mr. Reece has over 20 years of experience in managing the improvement of Government operations. He specializes in strategic planning, business process design, business process improvement, and organizational design and realignment. Specifically, he has a broad knowledge of Government operations, including finance and budget, technology and systems, and their impact on business process and organization structure. He has worked extensively over the past 10 years planning and implementing complex information technology (IT), network, and communications systems. Highlights include: Executive management responsibility for over $40 million in public safety IT projects. Extensive experience with the design, procurement, configuration, and implementation of numerous public safety IT applications and projects. Program and project management experience for a wide array of public safety applications. Related Project Experience Winbourne Consulting (Formerly Winbourne and Costas, Inc.) 2001-2011, President, 2011 to Present, Vice President, 2001 to 2011 Arlington County, VA Public Safety Information Technology Strategic Plan Project Manager Pembroke Pines, FL Public Safety Emergency Communications Consolidation Feasibility Project Project Manager Kingdom of Jordan - CAD/Public Safety System Replacement Project Project Manager Fairfax County, VA Department of Information Technology, Public Safety Integrated CAD/RMS Implementation Project Program Manager U.S. Department of State (DOS) Kingdom of Jordan Crisis Management and Emergency Resource Project Project Manager City of Mesa, AZ - Public Safety Information Technology Strategic Plan Project - Engagement Executive City of Virginia Beach, VA - CAD/RMS Replacement Project Engagement Executive Prince William County, VA Department of Public Safety Communications CAD/RMS/Mobile/Field Reporting Replacement Project Engagement Executive Peoria, AZ Police Department CAD/RMS/Mobile/Field Reporting Replacement - Engagement Executive Montgomery County, MD Fire and Rescue Department Dispatch Operations Analysis Engagement Executive Fairfax County, VA Fire and Rescue Department Electronic Patient Care Replacement Project Engagement Executive National Capital Region CAD to CAD Data Exchange Hub Project Engagement Executive Kurdistan Iraq/United Nations Office of Project Services (UNOPS) EMS Dispatch System Project Engagement Executive Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 273 0 ¦¤ 29 &¤¡±´ ±¸ ΑΕǾ ΑΏΐΔ #®²´«³¨¦ £ 0- 3¤±µ¨¢¤² ͰΐΑΏΑΔΒ Ada County, ID -CAD/Mobile Replacement Engagement Executive State of Arizona Department of Public Safety Message Switch Replacement Project Engagement Executive DeKalb County, GA CAD/Mobile Replacement Project Engagement Executive District of Columbia Office of Property Management, Chief of Staff, 1998 2001 District of Columbia Financial Authority, Assistant Chief Management Officer, 1995 1998 Assistant to the Vice President for Academic Affairs, Howard University, 1991 1995 CREDENTIALS Information Technology Infrastructure Library (ITIL®) v3 Foundation Certification 2012 Project Management Institute (PMI) PMP Certification 2008 PROFESSIONAL ORGANIZATIONS Association of Public Safety Communications Officials (APCO) International Current National Emergency Number Association (NENA) Current International Association of Chiefs of Police (IACP) Current TRAINING COURSES User and System Requirements for Successful Software Development 2011 Software Quality Assurance: Delivering Consistent Quality 2011 EDUCATION University of North Carolina, M.A., Geographical Information Systems 1994 University of Miami, B.A., Geography, English 1989 Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 274 0 ¦¤ 30 &¤¡±´ ±¸ ΑΕǾ ΑΏΐΔ #®²´«³¨¦ £ 0- 3¤±µ¨¢¤² ͰΐΑΏΑΔΒ Robert M. Waldon Jr., Project Manager, Winbourne Consulting, LLC Summary of Experience Mr. Waldon has spent 20 years in public safety originally functioning as a firefighter paramedic in the Los Angeles and Orange County area and as a project manager managing the implementation and integration of CAD and RMS systems along with their ancillary interfaces since 1992. Specifically, he has a broad knowledge of field and communication center operations of both fire and law enforcement, and has been involved with the implementation of complex multi-agency systems throughout the US. Highlights Include: Program Management of multiple project managers for multi-agency systems. Including functioning as the PMO Director for a Tier 1 CAD and RMS company based in San Diego, CA. Specializes in project team development and methodical approaches to complicated systems with project teams of little to no project management, or IT implementation experiences. Extensive experience with the development and implementation of public safety system to include CAD, E911, Fire and Police RMS systems, Mobile System, AVL, EPCR, Radio System, CAD to CAD, Booking and Jail Systems, Inventory Management, Training and Scheduling Systems, and CLETS and CJIS databases. Related Project Experience Public Safety Systems Project Management, 1992 to Present Target Solutions, San Diego, California Consulting engagement for the procurement of an Electronic Patient Care Reporting (EPCR) software system. Valuation of functionality and system design and architecture. Motorola, San Diego, California Responsible for managing Public Safety Software projects within constraints of scope, quality, time, and cost, to deliver specified requirements and meet customer satisfaction. Specifically hired to manage a complex RMS integration project. - Development and Implementation of a Mutli-Agency, Multi-Discipline RMS System. TriTech Software System, San Diego, California: Responsible for overall direction of Project Management Office (PMO) providing services to the organizations portfolio of projects such as; guidelines, planning, scheduling, estimating, costing, and risk assessment as well as functioning as a Project Manager responsible for managing multiple Multi-Agency CAD Implementation project within constraints of scope, quality, time, and cost, to deliver specified requirements and meet customer satisfaction. Bay Medical Center, FL EMS CAD and Mobile System with associated interface. Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 275 0 ¦¤ 31 &¤¡±´ ±¸ ΑΕǾ ΑΏΐΔ #®²´«³¨¦ £ 0- 3¤±µ¨¢¤² ͰΐΑΏΑΔΒ Clark County, NV Combined Communication Center CAD and Mobile System with associated interfaces. County of Fresno, CA - EMS CAD and Mobile System with associated interface. City of Denver, CO Combined Communication Center CAD and Mobile for Police, Fire and EMS. Santa Ana, CA Fire CAD with associated interfaces Santa Barbara, CA Police CAD and RMS. San Luis Obispo County Sheriff, CA Police CAD and RMS with associated interface. Southwest Ambulance of Las Vegas, NV - EMS CAD and Mobile System with associated interfaces. El Paso & Teller Counties, CO Multi Agency CAD and Mobile systems for Police, Fire and EMS, including multi-agency CAD interfaces to each agency. City of Plano, TX - Combined Communication Center CAD and Mobile for Police and Fire with associated interfaces. American Medical Response, Southern California: Consolidation of communications centers, development and implementation of CAD and Mobile Systems and ancillary interfaces to secondary agencies and billing systems. Projects include: AMR San Diego, CA, System Status Plan Development and CAD Implementation. AMR Los Angeles & Orange Counties, CA, System Status Plan Development and CAD Implementation. AMR Ventura, CA System Status Plan Development and CAD Implementation. AMR Riverside, CA System Status Plan Development and CAD Implementation. Related Public Safety Experience Firefighter, Paramedic, Communication Center Manager Orange County Fire Authority, Orange County, CA, 1995 2001 Paid Call Fire Fighter/Driver Operator/Company Officer/Associate Instructor Served community of Orange County as a Paid Call Fire Fighter. American Medical Response, Los Angeles, CA, 1995 1999 Communications Manager/System Status Manager Responsible for managing and coordinating daily operations for a large communications center consisting of a regional call center and dispatch center with a call volume exceeding 2000 calls per day. American Medical Response, Los Angeles, CA, 1993 1999 Computer Aided Technology/Systems Administrator American Medical Response, Los Angeles, CA, 1994 1995 Communications Supervisor Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 276 0 ¦¤ 32 &¤¡±´ ±¸ ΑΕǾ ΑΏΐΔ #®²´«³¨¦ £ 0- 3¤±µ¨¢¤² ͰΐΑΏΑΔΒ Crippen Ambulance Company, Covina, CA, 1992 1993 Paramedic Encinitas Fire Department, Encinitas, CA, 1989 1991 Reserve Fire Fighter Anaheim Fire Department, Anaheim, CA, 1989 1991 Reserve Fire Inspector Superior Ambulance, Santa Ana, CA, 1987 1991 Emergency Medical Technician, Part Time Dispatcher. EDUCATION Project Management Completion of over 20,000 hours of experience managing the implementation of Public Safety Systems for Fire, Police and EMS Agencies. Completion of the Project Management Institutes Core Competencies in excess of 100 hours. PCF Fire Ground Officer Academy, Orange County Fire Authority, Orange County, CA, 1997. Driver Operator Academy #21, Orange County Fire Authority, Orange County, 1997 PCF Fire Fighter Academy #23, Orange County Fire Authority, Orange County, 1995 AS Degree in Emergency Medical Services, Paramedic School Class #12, Mt. San Antonio College, 1991 th AS Degree in Fire Technology, 74 Basic Fire Fighter 1 Academy, Rancho Santiago College, 1989 Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 277 0 ¦¤ 33 &¤¡±´ ±¸ ΑΕǾ ΑΏΐΔ #®²´«³¨¦ £ 0- 3¤±µ¨¢¤² ͰΐΑΏΑΔΒ Kirby G. Beyer, Consultant, Winbourne Consulting, LLC Summary of Experience Mr. Beyer is a highly effective leader, mentor and problem solver. He has provided business process reengineering, project management and information technology consulting services to multiple customers in Public Safety agencies. Mr. Beyer managed the implementation of numerous Public Safety applications particularly in the areas of Computer Aided Dispatch, Records Management, Mobile and Field Reporting and Jail Management Systems. He background includes extensive experience in establishing strategic planning methodologies for large law enforcement agencies. He authored, through collaborative efforts, RFPs for jail management and records management systems. He has led and mentored large development and implementation teams of engineers and subject matter experts that provided various public safety solutions including: jail management systems, large regional records management systems and regional sex offender management systems. Kirby received a departmental award (Medal of Merit in 2009) for achievements in information technology from the San Diego Project Management - San Marcos Analysis and Response Team (SMART Team) data driven targeted law enforcement project. Project manager responsible for implementation team management and strategic direction. Project Management - Major jail information management system. Team Lead responsible for training, business process reviews and implementation. Project Management - NetRMS (Regional law enforcement records management and field reporting system). Project manager responsible for project management, team selections, budget and implementation across all agencies in the County of San Diego. Project Management - Patrol Speed & Safe Driving Initiative. Responsible for implementation and business process change control. Project Management - San Diego Regional Sex Offender Management System. Project manager responsible for grant administration (2010 Child Sexual Predator Program Grant), team selection and implementation. San Diego Regional Sex Offender Notification System. Project manager responsible for project management, coordination with political representations, budget and public relations. Escondido Bomb House (unified command of 70+ agencies). Incident commander in large scale critical incident. that spanned 30 days in length. Responsible for incident management, coordination of unified command, ensuring public and personnel safety in a volatile event. Related Project Experience WINBOURNE CONSULTING, LLC 2015 Consultant Murrieta (California) Police Department CAD/RMS replacement project provided consulting services in the area of law enforcement records management and automated field reporting requirements. Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 278 0 ¦¤ 34 &¤¡±´ ±¸ ΑΕǾ ΑΏΐΔ #®²´«³¨¦ £ 0- 3¤±µ¨¢¤² ͰΐΑΏΑΔΒ - 2014 Assistant Sheriff 2012 Human Resources & Court Services Bureaus responsible for all human resources activity in a 4,000 member department and management of law enforcement court security services across a large court system. NetRMS Project Law Enforcement project manager on large regional records management and field reporting system implementation. This was a new implementation project that brought a records management system to all local law enforcement agencies in San Diego County. Sheriff's Commander 2011 - 2012 HRSB Command Manage Internal Affairs, Training, Personnel, Payroll & Risk Management. Responsible for internal affairs case review and management, personnel hiring and management and department risk management strategies. CSB Command Manage all court locations & Civil Division. Management of law enforcement court security services across a large court system. NetRMS Project Law Enforcement project manager on large regional records management and field reporting system implementation. This was a new implementation project that brought a records management system to all local law enforcement agencies in San Diego County. Sheriff's Captain 2008 - 2011 San Marcos Sheriff's Station Managed patrol operations, 125 employees, budget, goals & objectives & leadership. Communications Division Managed emergency communications center & NexGen 911 planning. NetRMS Project Law Enforcement project manager on large regional records management and field reporting system implementation. This was a new implementation project that brought a records management system to all local law enforcement agencies in San Diego County. Sheriff's Lieutenant 2005 - 2008 NetRMS Project Law Enforcement project manager on large regional records management and field reporting system implementation. This was a new implementation project that brought a records management system to all local law enforcement agencies in San Diego County. Communications Division Watch Commander and Administrative Lieutenant responsible for Communications Center operations and personnel issues. Sheriff's Sergeant 1996 - 2005 Child Abuse Unit & Sex Offender Management Unit Jail Information Management System (JIMS) Project Team Detentions Operations Area 2 (GBDF) responsible for supervision of sworn jail staff, scheduling and critical incident management Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 279 0 ¦¤ 35 &¤¡±´ ±¸ ΑΕǾ ΑΏΐΔ #®²´«³¨¦ £ 0- 3¤±µ¨¢¤² ͰΐΑΏΑΔΒ EDUCATION Information Technology with Minor in Criminal Justice, Bachelor of Science, National University, San Diego, CA Administration of Justice & General Studies, Associate of Science, Southwestern Community College, Chula Vista, CA PROFESSIONAL ORGANIZATIONS PORAC (Peace Officers Research Association of California) (Retired) Winbourne Consulting, LLC | 1611 N Kent Street, Suite 802 | Arlington, Virginia 22209 | \[P\] 703.584.5350 \[F\] 703.935.1147 | WinbourneConsulting.com ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 280 City of Chula Vista Staff Report File#:15-0443, Item#: 15. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACCEPTING$70,000 FROMTHECOUNTYOFSANDIEGO,ANDAPPROPRIATINGSAIDFUNDSTOTHEPOLICE GRANT FUND FOR REGIONAL REALIGNMENT RESPONSE EFFORTS (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY In2011,GovernorEdmundG.BrownJr.signedAssemblyBill(AB)109andAB117,historic legislationtoenableCaliforniatoclosetherevolvingdooroflow-levelinmatescyclinginandoutof stateprisons.Thislegislationprovidedfundingtocountiestodevelopandimplementatargeted, proactive,intelligence-basedapproachtocontrolandcounteracttherisksassociatedwithrealigned offendersreleasedinSanDiegoCounty.AmendmentNo.3providesadditionalfundingtocontinue regional realignment response efforts delineated within AB 109. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivity,Acceptingand AppropriatingFundsforRealignmentResponseEfforts,isnota“Project”asdefinedunderSection 15378(b)(4)oftheStateCEQAGuidelinesbecauseitisagovernmentfiscalactivity;therefore, pursuanttoSection15060(c)(3)oftheStateCEQAGuidelinestheactivityisnotsubjecttoCEQA. Thus, no environmental review is necessary . BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION In2011,GovernorEdmundG.BrownJr.signedAssemblyBill(AB)109andAB117,historic legislationtoenableCaliforniatoclosetherevolvingdooroflow-levelinmatescyclinginandoutof stateprisons.ItisthecornerstoneofCalifornia’ssolutiontotheU.S.SupremeCourtordertoreduce thenumberofinmatesinthestate’s33prisonsto137.5percentoforiginaldesigncapacity.The intentoftherealignmentresponseeffortsistoencouragecountiestodevelopandimplement evidence-basedpracticesandalternativestoincarcerationtolimitfuturecrimesandreduce victimization. UndertheAssemblyBill(AB)109andAB117,newly-convictedlow-leveloffenderswithoutcurrentor priorseriousorviolentoffensesstayincountyjailtoservetheirsentence.Thishasreducedthe annualstateprisonadmissionstolessthan35,000ayear.PriortoRealignment,therewere approximately55,000to65,000newadmissionsfromcountycourtstostateprison.Overall,the diversionoflow-leveloffendersandparoleviolatorstocountyjailinsteadofstateprisonhasresulted City of Chula VistaPage 1 of 2Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 281 File#:15-0443, Item#: 15. in a population decrease of about 28,000 (-17%). TheSanDiegoSheriff’sDepartmenthasbeendesignatedasthefiscalagentofRegional RealignmentResponse(R3)fundsfortheSanDiegoCountyregion.AMemorandumofAgreement betweentheCountyofSanDiegoandparticipatingcitiesinthecountyhasbeencreatedtooutline thedisbursementofR3funds.TheCityofChulaVistawasoriginallyallocated$75,507ofR3 funding.AmendmentNo.2totheagreementincreasedthefundingby$16,000,whichwasapproved byCityCouncilonApril14,2015.TheCitywasrecentlynotifiedofAmendmentNo.3totheR3 agreement,whichwouldincreasefundingbyanother$70,000,resultinginanoverallallocationof $161,507.ThePoliceDepartmentwillcontinuetouseR3fundingforovertimeoperationstoconduct regional compliance checks on probationers within the county. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequentlythe500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18705.2(a)(1)isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(CalGov’tCode§87100, etseq.).Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Fundsreceivedfor realignmentresponseeffortssupportthegoalofStrongandSecureNeighborhoodsbyproviding additional law enforcement presence in the community. CURRENT YEAR FISCAL IMPACT Approvalofthisresolutionwillresultinaone-timeappropriationof$70,000topersonnelservicesof thePoliceGrantFund.ThefundingfromtheCountyofSanDiegowillcompletelyoffsetthesecosts, resultinginnonetfiscalimpacttothePoliceGrantsFund.ThereisnoimpacttotheGeneralFund as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS None. Staff Contact: Joseph Walker City of Chula VistaPage 2 of 2Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 282 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $70,000 FROM THE COUNTY OF SAN DIEGO AND APPROPRIATING SAID FUNDSTO THE POLICE GRANT FUND FOR REGIONAL REALIGNMENT RESPONSE EFFORTS WHEREAS, in 2011,Governor Edmund G. Brown Jr. signed Assembly Bill (AB) 109 and AB 117 legislation,whichenablesCalifornia to close the revolving door of low- level inmates cycling in and out of state prisons;and WHEREAS, this legislation implemented the 2011 Public Safety Realignment, which provides funding to counties to develop and implement evidence-based practices and alternatives to incarceration to limit future crimes and reduce victimization; and WHEREAS, the San Diego Sheriff’s Department has been designated as the fiscal agent of the Regional Realignment Response (R3) funds; and WHEREAS, the Sheriff’s Department, in Amendment No. 3 to the funding allocation agreement with participating agencies, has allocated an additional $70,000 to the City of Chula Vista for overtime operations to conduct regional compliance checks on probationerswithin the county. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept $70,000 from the County of San Diego and appropriate $70,000 to the personnel servicescategory of the Police Grant Fund for Regional RealignmentResponse efforts. Presented by:Approved as to form by: ____________________________________________ David BejaranoGlen R. Googins Police ChiefCity Attorney ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 283 City of Chula Vista Staff Report File#:15-0441, Item#: 16. A.SMART CITIES PRESENTATION B.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGAN AGREEMENTTOPROVIDEENERGYTECHNOLOGYANDSUSTAINABLEBUILDING CONSTRUCTIONANDDESIGNANALYSISSERVICESFORTHEBAYFRONTPROJECT BETWEENTHECITYANDBLACKANDVEATCHCORPORATIONANDAUTHORIZINGTHE CITYMANAGERTOEXERCISETWOONE-YEAROPTIONSTOEXTENDTHEAGREEMENT AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY TheCityofChulaVistaandtheSanDiegoUnifiedPortDistrictareparticipatinginajointplanning efforttodeveloptheChulaVistaBayfront.Insupportofthisprocess,contractingwithBlack&Veatch forenergytechnologyandsustainablebuildingconstructionanddesignanalysisservicesis recommended. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivitywascoveredin previouslyadoptedEnvironmentalImpactReportUPD#83356-EIR-65B/SCH#2005081077.The DevelopmentServicesDirectorhasalsoreviewedtheproposedactivityforadditionalcompliance withCEQAandhasdeterminedthatthereisnopossibilitythattheactivitymayhaveasignificant effectontheenvironment;therefore,pursuanttoSection15061(b)(3)oftheStateCEQAGuidelines the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION In2002,theCityofChulaVistaandtheUnifiedPortDistrictofSanDiego(the“Port”)begana collaborativeplanningprocesstocreateamasterplanfortheapproximately535-acreChulaVista Bayfrontarea.TheChulaVistaBayfrontMasterPlan(CVBMP)wasdesignedtotransformChula Vista’sunderutilizedindustrialBayfrontlandscapeintoathrivingresidentialandworld-class waterfrontresortdestination.TheCVBMPwillcreatethousandsofnewjobs,createnewpublic parks,protectnaturalcoastalresources,provideconferenceandvisitor-servingamenities,andbuild animportantassetfortheSanDiegoregion,theSouthBay,ChulaVistaresidentsandcoastal visitors.TheCVBMPrepresentsthelastsignificantwaterfrontdevelopmentopportunityinSouthern California. City of Chula VistaPage 1 of 5Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 284 File#:15-0441, Item#: 16. ThemasterplanwillbeimplementedjointlybytheCityofChulaVistaandthePortinfourmajor phasesovera24-yearperiod.Phaseoneofimplementationincludesthedevelopmentofaresort conferencecenter,thecreationofpublicparksandopenspace,therestorationofhabitatareas,and the construction of a new fire station and mixed-use residential development. TheCVBMPoffersauniqueopportunitytodemonstratetheviabilityofsustainabledevelopment practicesandtoshowcasetheleadershipoftheCityandprojectpartners.Accordingly,theproject willbecomprisedofhighperformancebuildingsthatincorporateasuiteofenergy-efficiency,demand response,andcleanenergygenerationtechnologies.Itisanticipatedthattheprojectwillalso broadlyincorporateothersustainableprinciplesandbeconnectedvia“smart”buildingsystemsand infrastructure. Tothisend,theCityissuedaRequestforProposals(RFP)inMarchof2015seekingproposalsfrom firmsqualifiedtoprovideenergytechnologyandsustainablebuildingconstructionanddesign analysis services. Projectenergyefficiencyandsustainablegoalstobeanalyzed,pertheRFP,include,butarenot limited to: 1.Minimumoffifty(50)percentreductioninannualenergyuseforeachparcelintheCVBMP. Theenergyreductionmaybeachievedthroughefficiency,generation,passivedesign,or other means. 2.Opportunitiesforgreaterenergyreduction,includingzero-netenergy,forindividualparcelsor CVBMP project-wide. 3.Resiliency in the event of loss of power or heating. 4.Robustenergymanagementsystemsandother“smart”infrastructuresystems,including,but notlimitedto,foundationalinfrastructuretoenablesmartenergysavingssolutions,technical andinformationtechnologyinfrastructuretosupporttheefficientuseofwater,in-building wireless communication, smart streetlights and traffic lights, security, etc. 5.Maximumreturnoninitialinvestmentovertheprojectlife,includingpotentialincomesforthe City,eitherviacostsavingsornewrevenuestreamsassociatedwiththeuseofsmart technologies. 6.Opportunitiestousethedevelopmenttopromoteeconomicdevelopment,includingbusiness attraction and technology test bed capabilities. Theproject’senergyefficiencyandsustainabilitygoalsmeettherequirementsofthesettlement agreemententeredintoinMayof2010,betweenthePortofSanDiego,theCityofChulaVista,the RedevelopmentAgencyoftheCityofChulaVista,andtheBayfrontCoalition,whichconsistsofthe EnvironmentalHealthCoalition,SanDiegoAudobonSociety,SanDiegoCoastkeeper,Coastal EnvironmentalRightsFoundation,SouthwestWetlandsInterpretiveAssociation,theSanDiego ChapteroftheSurfriderFoundation,andEmpowerSanDiego.Thesettlementagreementrequires theCVBMPtoadoptenvironmentalprotectionsthatgoaboveandbeyondthoserequiredbyfederal, state,andlocallawsandregulationsandincludedspecificprovisionsrelatingtoenergyefficiency and sustainability in the project area. TheRFPwaspostedelectronicallyonPlanetBids.com,aweb-basedvendorandbidmanagement system that is widely used by other local agencies. City of Chula VistaPage 2 of 5Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 285 File#:15-0441, Item#: 16. Atotalofnineproposalswerereceived,andfourfirmswereinterviewedbyaSelectionCommittee: ArupNorthAmerica,Black&Veatch,DNV-GL,andHellerManus.TheSelectionCommittee’s evaluation was based on the following technical criteria: Experience and ability of firm; Experience and ability of project team; Directlyrelatableexperienceinthefieldsofenergyefficiency,energygeneration,andsmart infrastructure; Understanding the needs of the CVBMP project; and Fee proposal Baseduponthescoresassignedfortheabovereferencedcriteria,theSelectionCommittee recommends awarding the contract to Black & Veatch. Black&VeatchCorporationisaworldleaderinthedevelopmentofenergy,water,and telecommunicationsinfrastructureandaspecialistinnetworkanalysis,analytics,andproject implementation.Black&Veatchhasbeeninvolvedinadvancedandrenewableenergytechnologies forover30yearsandspecializesindistributedinfrastructureandanalyticsdeploymentacrossmany productsandtechnologies,includingwirelesscommunications,municipalfiber,electricvehicle charging, hydrogen fueling infrastructure, and renewal energy infrastructure. Inconjunctionwiththeproject,Black&Veatchwillfacilitatethecreationofan“InnovationCouncil” comprisedofrepresentativesfromtheCity,Black&Veatch,localclean-technologynonprofit organizationCleanTechSanDiego,andindustryexpertsincludingQualcomm,Cisco,andOSIsoft. TheInnovationCouncilwillaugmenttheexpertiseoftheimmediateprojectteamandensurebroad exposure to other rapidly developing innovative technologies in smart infrastructure. QualcommisalocalSanDiegotechnologycompanyandagloballeaderinwirelesstechnology. Withinthesmartenergyandinfrastructurefield,Qualcommfocusesonmetering,grids,lighting, parking,industrial,buildingautomation,andtransportation.Qualcomm’sstrategiesaround interoperability,edgeprocessing,andscalabilitywillhelptheInnovationCouncilavoidlockinginto proprietary, single source solutions. Ciscowillprovideinsightoncorenetworkelementsandarchitecturerequiredtoconnectdata systemsandapplications.Ciscowillsuggestoptimalapproachestoestablisharealisticpathtoward connectingtheCity’senergy,smartinfrastructure,andeconomicdevelopmentobjectives.Ciscoand Black&Veatchhavesuccessfullypartneredonsimilarprojects,includingtheSmart+Connected KansasCityproject,whichincludespublicWi-Fi,smartutilities,andanopendataplatformdesigned to stimulate economic development. Lastly,OSIsoftwillprovideexpertiseon,andsoftwarefor,thedatainfrastructurethatwillconnect sensors,operationsandpeopletoenablereal-timeintelligence.OSIsoft’sdatainfrastructureis currentlybeingusedbySDG&E,UCSD,andSanDiegoInternationalAirport.OSIsoftwilladvisethe Cityonhowtobestcombinedatatomakedecisionsand/ormakedataavailableinanopendata platform concept to support economic development and test bed capabilities. City of Chula VistaPage 3 of 5Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 286 File#:15-0441, Item#: 16. Theprojectwillincludesignificantstakeholderoutreachtoprojectpartners.Thefinaldeliverablefor the project will be a Project Summary Report, including the following information: Introduction and summary of the City’s energy efficiency and smart infrastructure goals. Reviewofexistingenergyinfrastructureandcommunicationsfacilities,includingidentification of retrofit and reuse opportunities, versus new construction. Screening of potential energy and communications technologies. Conceptual scope of energy and communications strategy and plans for implementation. Summaryoffindingsandrecommendations,includinganoutlineofthestepsrequiredto implementtheenergyinfrastructureconceptdevelopedbyBlack&Veatchandproject stakeholders. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilandhasfoundthat,MayorCasillasSalas hasrealpropertyholdingswithin500feetoftheboundariesofthepropertywhichisthesubjectof thisaction.Consequently,pursuanttoCaliforniaCodeofRegulationsTitle2,sections18700and 18705.2(a)(11),thisitempresentsadisqualifyingrealproperty-relatedfinancialconflictofinterest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member. Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Approvingthe agreementwithBlack&VeatchsupportstheEconomicVitalityandHealthyCommunityGoals. WithintheEconomicVitalityGoal,Initiative2.1.1.istheimplementationoftheBayfrontMasterPlan, whichtheagreementdirectlysupports.WithintheHealthyCommunityGoal,theprojectsupports City Initiative 3.2.1.Design and Implement Innovative Environmental & Conservation Programs. CURRENT YEAR FISCAL IMPACT ApprovingtheresolutionauthorizesanagreementwithBlack&Veatch,withanot-to-exceedamount of$257,174.Optionaladditionaladd-onworktotaling$10,100isauthorizedbytheagreement,but will not be undertaken unless a notice to proceed is issued to the Consultant. TheTUTCommonFundincludesfundingforafibercommunicationsinfrastructureplanningproject andtwosmallertechnologyprojects.Staffrecommendsthatthesefundsberedirectedtofundthe contractwithBlack&Veatchforenergytechnologyandsustainablebuildingconstructionanddesign analysisservices.Approvaloftheresolutionresultsinthefollowingbudgetamendments;these changes result in no net fiscal impact to the TUT Common Fund. Project DescriptionAvailableCategory Funds Technology upgrades (Replace network switches) $ (35,020)Capital Technology upgrades (Replace Savin software) $ (23,500)Supplies & Services Fiber Communications Infrastructure Planning $ (198,654)Non CIP Projects City of Chula VistaPage 4 of 5Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 287 File#:15-0441, Item#: 16. Black & Veatch Contract $ 257,174Supplies & Services Net Impact to TUT Common Fund $ - ONGOING FISCAL IMPACT Allprojectworkisanticipatedtobecompletedinthecurrentfiscalyear.Shouldworkcontinueintoa subsequentfiscalyear,thecontractwouldcontinuetobelimitedtotheoriginalnot-to-exceedamount of $257,174. No ongoing fiscal impact is anticipated. ATTACHMENTS 1.Black & Veatch Agreement Staff Contact: Tiffany Allen, Finance Department City of Chula VistaPage 5 of 5Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 288 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 289 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 290 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 291 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 292 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 293 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 294 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 295 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 296 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 297 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 298 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 299 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 300 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 301 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 302 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 303 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 304 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 305 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 306 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 307 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 308 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 309 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 310 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 311 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 312 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 313 ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 314 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT TO PROVIDE ENERGY TECHNOLOGY AND SUSTAINABLE BUILDING CONSTRUCTION AND DESIGN ANALYSIS SERVICESFOR THE BAYFRONT PROJECT BETWEEN THE CITY AND BLACK AND VEATCH CORPORATION AND AUTHORIZING THE CITY MANAGER TO EXERCISE TWO ONE-YEAR OPTIONS TO EXTEND THE AGREEMENTAND APPROPRIATING FUNDS THEREFOR WHEREAS, the City of Chula Vista and the San Diego Unified Port District (Port) have beenparticipating in a joint planning effort to develop the Chula Vista Bayfront (the “Bayfront”); and WHEREAS, when completed, the Bayfront will create thousands of new local and regional jobs, create new public parks, protect natural coastal resources, and provide conference and visitor-serving amenities; and WHEREAS, the Bayfront offers a unique opportunity to demonstrate the viability of sustainable development practices and will be comprised of high performance buildings that incorporate a suite of energy-efficiency, demand response, and clean energy generation technologies; and WHEREAS, the City intends to contract for energy technology and sustainable building construction and design analysis services to be performed in connection with the Bayfront project (the “Project”); and WHEREAS, the Finance Department issued a Request for Proposals (RFP P11-14/15) to provide Energy Technology and Sustainable Building Construction and Design Analysis Services for the Bayfront project; and WHEREAS, the City completed an evaluation of the proposals received for the subject RFP and selected Black and Veatch Corporation; and WHEREAS, Black and Veatch Corporation is a world leader the development of energy, water, and telecommunications infrastructure; and NOW, THEREFORE, BE ITRESOLVED by the City Council of the City of Chula Vista, that it approves the agreement to provide energy technology and sustainable building construction and design analysis services for the Bayfront Project, between the City and Black and Veatch Corporation, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of C:\\Users\\GRANIC~1\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 7\\@BCL@CC058E15\\@BCL@CC058E15.docx ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 315 Resolution No. Page 2 the City Clerk, and authorizes and directs the Mayorto execute same and authorizes the City Manager to exercise two one-year options to extend the agreement. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it approves the following budget amendments in the TUT Common Fund’s fiscal year 2015-16 budget: Project DescriptionAvailable FundsCategory Technology upgrades (Replace network switches)$ (35,020)Capital Technology upgrades (Replace Savin software)$ (23,500)Supplies & Services Fiber Communications Infrastructure Planning$ (198,654)Non CIP Projects Black & Veatch Contract$ 257,174 Supplies & Services Net Impact to TUT Common Fund$ - Presented byApproved as to form by Maria KachadoorianGlen R. Googins Deputy City Manager/CFOCity Attorney ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 316 City of Chula Vista Staff Report File#:15-0483, Item#: 17. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) One Case. City of Chula VistaPage 1 of 1Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 317 City of Chula Vista Staff Report File#:15-0484, Item#: 18. CONFERENCEWITHLEGALCOUNSELREGARDINGEXISTINGLITIGATIONPURSUANTTO GOVERNMENT CODE SECTION 54956.9 (a) CityofChulaVistav.Bay&E,Inc.,etal.,SanDiegoSuperiorCourt,CaseNo.37-2013- 00055103-CU-MC-CTL City of Chula VistaPage 1 of 1Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 318 City of Chula Vista Staff Report File#:15-0487, Item#: 19. CONFERENCEWITHREALPROPERTYNEGOTIATORSPURSUANTTOGOVERNMENTCODE SECTION 54956.8 Property: (1) Approximately 36.5 Acres located on the Chula Vista Bayfront at H Street and Marina Parkway; (2) Assessor Parcel Nos. 5670213201 and 5670213500 located at Lagoon Drive and Bay Boulevard; (3) 999 Lagoon Drive (APN 5670110400); (4) 960 F Street/300 Marina Parkway (APN 5670101800); (5) 980 F Street/980 Lagoon Drive (APN 5670101900); and (6) 610 Bay Boulevard Agency Negotiators:Gary Halbert, Maria Kachadoorian, Eric Crockett, Tiffany Allen, Glen Googins NegotiatingParties:CityofChulaVista,SanDiegoUnifiedPortDistrict,andRIDADevelopment Corporation Under Negotiation:Price and Terms City of Chula VistaPage 1 of 1Printed on 8/13/2015 powered by Legistar™ ΑΏΐΔȃΏΗȃΐΗ !¦¤£ Packet0 ¦¤ 319